Terms of Use

Welcome to the HappieToken website and/or the HappieToken Marketplace. Please read these Terms of Use carefully. The following Terms of Use govern your use and access of the HappieToken platform (“Platform”) and the use of the services provided by HappieToken ("Services"). By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree, do not access or use the Platform or Services.

If you are purchasing, accessing, uploading, generating digital voucher or viewing (1) digital voucher generated by you or other users of the Platform (ie: merchants); and (2) content generated by third parties hired by HappieToken on the Platform, the Content Terms of Service shall apply.

If you are purchasing digital products such as cash vouchers or gift cards on HappieToken, the following terms will apply:

The terms and conditions specific to each merchant, user and customer will apply for digital vouchers and gift cards.

Access to and use of password-protected and/or secure areas of the Platform and/or use of the Services are restricted to registered users only. You may not attempt to obtain unauthorized access to such areas or information, which could be considered an offense under the Computer Crimes Act 1997 of Malaysia.

1. Definitions and Interpretation
2. General Use of Services and/or Access of Platform
3. Use of Services
4. Merchants & Customers with HappieToken Accounts
5. Intellectual Property
6. Refunds / Returns / Replacements
7. Questions and Complaints
8. Submissions and Information
9. Termination
10. Notices
11. General
Schedule 1 - Definitions and Interpretation

1. Definitions and Interpretation

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of Use.

2. General Use of Services and/or Access of Platform

Guidelines for Use: You agree to comply with all guidelines, notices, operating rules, policies, and instructions related to the use of the Services and/or access to the Platform, as updated from time to time.
Restricted Activities: You agree and undertake NOT to:
1. Impersonate any person or entity or misrepresent your affiliation.
2. Use the Platform and/or Services for illegal purposes.
3. Attempt unauthorized access to other computer systems or networks.
4. Post prohibited materials or interfere with another user’s experience.
5. Upload viruses, malware, or harmful code.
6. Use the Platform in a way that violates applicable laws or standards.
Platform and Services Availability: HappieToken may upgrade, modify, suspend, or discontinue the Platform or any Services without prior notice and shall not be liable for any such action.
Monitoring Content: HappieToken reserves the right to monitor, screen, or control activities on the Platform and may take action to prevent violations of these Terms of Use, including reporting suspicious activity to authorities.
Privacy Policy: Your use of the Services and Platform is subject to the HappieToken Privacy Policy.

3. Use of Services

Restrictions: Use of the Services is limited to authorized users who meet legal age and capacity requirements. Users who have violated these Terms or been suspended from the Platform may not access the Services.
General Terms of Use: You agree to use the Services lawfully, in good faith, and to ensure that any information or data you post on the Platform is accurate.
Product Descriptions and Prices: While we aim to provide accurate product descriptions, HappieToken does not guarantee their accuracy. All prices are subject to change without notice.

4. Merchants & Customers with HappieToken Accounts

Account Security: You are responsible for maintaining the confidentiality of your username and password. If you suspect unauthorized access to your account, notify us immediately.
Biometric Verification: If your device supports biometric verification (fingerprint or facial recognition), you may use it as a security code for accessing the Platform. HappieToken does not store biometric data.
Liability for Account Use: Any use of the Services or access to the Platform using your username, password, or biometric verification will be deemed authorized by you. You agree to be responsible for all activities under your account.
Merchant Commission and Payout: Merchants shall be subject to a commission structure as detailed in the Merchant Platform Commercial Agreement. Payouts for sales generated through the Platform will occur according to the schedule defined in the same agreement. Merchants will receive payments after the deduction of applicable commissions, ensuring a transparent and timely settlement process.
Voucher Creation and Inventory Management: Merchants are responsible for creating and listing vouchers in accordance with the guidelines specified in the Merchant Platform Commercial Agreement. This includes maintaining a sufficient inventory of vouchers to meet customer demand and ensuring accurate representation of the voucher offerings. Any changes to existing vouchers, including price adjustments or modifications to terms and conditions, must comply with the procedures established in the Merchant Platform Commercial Agreement to keep listings current.

5. Intellectual Property

Ownership: Intellectual property in the Platform and related materials is owned by HappieToken or its licensors.
Restricted Use: You may not reproduce, modify, or distribute any part of the Platform or related materials without prior written permission.
Trademarks: The HappieToken name, logo, and related trademarks are the property of HappieToken or third-party licensors.

6. Refunds / Returns / Replacements

Returns Policy: Returns Policy: All returns must adhere to the guidelines outlined in the HappieToken Returns Policy, which may be updated periodically to reflect changes in our practices.

7. Questions and Complaints

Complaints: If you have any complaints, contact us using the “Contact Us” page on the Platform.

8. Submissions and Information

User Submissions: You grant HappieToken a non-exclusive license to use materials you submit to the Platform, including reviews and suggestions.
Privacy Policy: You agree to the HappieToken Privacy Policy and consent to the collection and use of your personal data for marketing and informational emails.

9. Termination

Termination by us: In our sole and absolute discretion, we may, with immediate effect upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username, Password, and/or Biometric Verification function. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or if we believe that you have violated or acted inconsistently with any terms or conditions set out herein. Additionally, if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform, we may take action accordingly.
Termination by Customer: As the customer who make the purchase from the platform. You may terminate these Terms of Use by giving seven (7) days’ notice in writing to us.
Termination by Merchant: The Merchant may terminate this Agreement at any time in accordance with the termination provisions outlined in the Merchant Platform Commercial Agreement. The notice must be sent through the official communication channels specified in this Agreement. Upon termination, the Merchant shall cease all use of the platform and ensure that all outstanding obligations, including any pending transactions or fees, are settled within the notice period.

10. Notices

Notices from us: All notices or other communications given to you shall be:
1. Communicated through any print or electronic media as we may select, which will be deemed notified to you on the date of publication or broadcast; or
2. Sent by post or left at your last known address and deemed to be received by you on the day following such posting or on the day when it was left
Notices from you: You may only give notice to us in writing sent to our designated address or email, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee consistent speed in our responses.
Other Modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of providing notice (including, but not limited to, email, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

11. General

Cumulative Rights and Remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies are cumulative and without prejudice to any rights or remedies we may have in law or equity. No exercise by us of any one right or remedy under these Terms of Use, at law or in equity, shall prevent the exercise of any other right or remedy.
No Waiver: Our failure to enforce these Terms of Use shall not constitute a waiver, and shall not affect our right to later enforce these Terms. We would still be entitled to use our rights and remedies in any situation where you breach these Terms.
Severability: If any provision of these Terms of Use becomes illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions shall not be affected.
Rights of Third Parties: A person or entity not a party to these Terms of Use shall have no right under the Contracts Act 1950 of Malaysia or any similar legislation to enforce any term, regardless of whether they have been identified by name, class, or description. This Clause does not affect the rights of any permitted assignee or transferee of these Terms.
Governing Law: These Terms of Use and the use of the Platform and/or Services shall be governed by and construed in accordance with Malaysia law, and you hereby submit to the exclusive jurisdiction of the Malaysia courts.
Dispute Resolution: Except as provided in Clause 11.5, any dispute, controversy, or claim arising out of or relating to this contract, or its breach, termination, or invalidity, shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator appointed by the Director of the AIAC. The place of arbitration shall be Malaysia. The arbitral award shall be final and binding upon the parties.
Injunctive Relief: We may seek immediate injunctive relief if we determine in good faith that a breach or non-performance warrants such a remedy.
Amendments: We may, by notice through the Platform or other methods (including email), vary the terms of these Terms of Use. Such variation shall take effect on the specified date, and continued use of the Platform after this date constitutes acceptance. If you do not accept the changes, you must stop using the Platform and Services and terminate these Terms.
Correction of Errors: Any typographical, clerical, or other errors in our documents are subject to correction without liability on our part.
Currency: References to money in these Terms of Use shall be in Malaysian Ringgit.
Language: In the event these Terms of Use are translated into another language, the English version shall govern and take precedence.
Entire Agreement: These Terms of Use constitute the entire agreement between you and us regarding the subject matter hereof, superseding all prior agreements or understandings.
Binding and Conclusive: You agree that records maintained by us relating to the Platform and Services are binding and conclusive evidence of information and data between us and you. You waive any right to object to the admissibility or authenticity of such records based on their electronic form.
Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of our functions in connection with the Platform and/or Services to service providers, subcontractors, or agents.
Assignment: You may not assign your rights under these Terms of Use without our written consent. We may assign our rights to any third party.
Force Majeure: We shall not be liable for non-performance, error, interruption, or delay due to any force majeure events, including unforeseen events outside our control.

Schedule 1 - Definitions and Interpretation

1. Definitions

"Biometric Verification" as defined in Clause 4.2.
“Business Day” means a day banks are open in Malaysia (excluding weekends).
“Customer” refers to an authorised user of the Platform and/or Services.
“Intellectual Property” refers to copyrights, patents, trade marks, etc.
“HappieToken”, “we”, “our” and “us” refer to HT Voucher Trading Sdn. Bhd. trading as HappieToken.
“Materials” refers to any content, information, data, or material provided, submitted, or made available through the Platform or Services.
“Order” means your request for the purchase of a Product via the Platform following the Order process set out on the Platform.
“Password” refers to the valid password that a Customer uses in conjunction with the Username to access the Platform and/or Services.
“Personal Data” refers to data, whether true or not, that can identify an individual as defined in the Personal Data Protection Act 2010 of Malaysia.
“Platform” means the mobile application or website operated by HappieToken and/or its affiliates/subsidiaries, which we may extend or modify from time to time, enabling access to the Services.
“Product” refers to any vouchers, or services made available for sale via the Platform.
“Product Description” refers to the section on the Platform where specific terms related to a Product are listed, including delivery details, warranties, etc.
“Services” refers to the provision of the Platform and other services we may offer via the Platform from time to time.
“Submission” refers to the materials, feedback, and information submitted by you to the Platform.
“Terms of Use” means these terms and conditions governing your use of the Platform and/or Services.
“Trademarks” refers to all trademarks, logos, service marks, registered or unregistered, owned or licensed by HappieToken or its affiliates.
“Username” refers to the unique login identification name or code which identifies a Customer who has registered for an account on the Platform.
“Voucher” means a Digital Cash Voucher, Gift Cards, Prepaid or Discount Voucher available for purchase or distribution via the Platform.
“You” and “Your” refer to any individual who uses the Platform and/or Services, including any legal entity they may represent.
"HT Voucher Trading Sdn. Bhd." refers to the legal entity operating the HappieToken Platform, including all subsidiaries and affiliates.
"Merchant" refers to any business entity or individual that offers Products for sale or redemption via the Platform.
"Third-Party Service Providers" refers to external parties who offer additional services or support related to the functioning of the Platform and/or Services.
"Transaction" refers to any process or action initiated by you to purchase, sell, or redeem a Product via the Platform.
"User Content" refers to any content uploaded or shared by Customers on the Platform, including comments, reviews, images, etc.
"Account" refers to the registered profile created by you to access the Platform and Services.
"Affiliate" means any related company, subsidiary, or joint venture associated with HappieToken.
"Privacy Policy" refers to the document outlining how HappieToken collects, stores, and uses personal data.