Terms of Sale & Return, Refund Policy

1. Interpretation
2. Basis of the Contract
3. Orders and Specifications
4. Price
5. Terms of Payment
6. Delivery / Performance
7. Return, Refund, and Replacement of Vouchers
8. Risk of and Property in Digital Cash Vouchers
9. Termination
10. Warranties and Remedies
11. Liability
12. General Provisions
13. Pre-Sale Program

1. Interpretation

In these Conditions:
1. "Buyer" means the person or a company who purchases Goods on the Platform;
2. "Conditions" means these Terms and Conditions of Sale;
3. "Contract" means the contract formed when the Retail Merchant/Seller accepts the order placed by the Buyer on the Platform for the purchase of Goods sold by the Seller;
4. "Goods," also known as “products,” means the Digital Cash Vouchers or Gift Cards made available for sale on the Platform, including any installment of the goods or any parts for them;
5. "HappieToken" means HT Voucher Trading Sdn. Bhd., a company incorporated in Malaysia;
6. "HappieToken Terms and Conditions" means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;
7. "Platform" means the www.happietoken.com website and/or the HappieToken mobile application;
8. "Seller" means a Retail Merchant Seller who uses the Platform Engine and/or Services to generate Digital Cash Vouchers/Gift Cards to sell Goods to the Buyers, and includes a Third-Party Vendor. HappieToken may also be a “Seller” for selected Goods;
9. "Services" means the use of any services, information, and functions made available by HappieToken at the Platform;
10. "Third-Party Vendor" means a seller who uses the Platform and/or Services to sell Goods to the Buyers, and excludes HappieToken; and
11. "Writing" includes electronic mail and any comparable means of communication.
Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time.
Any references to “HappieToken” in these Conditions refer to both HappieToken’s actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third-Party Vendors as Sellers in respect of each and every Contract.
The headings in these Conditions are for convenience only and shall not affect the interpretation of any terms and conditions.

2. Basis of the Contract

The Platform serves as a venue and opportunity for the sale of Goods between the Buyer and the Seller (collectively referred to as the “Parties”). The identity of the Seller for specific Goods listed for sale on the Platform, whether it is HappieToken or a Third-Party Vendor, will be clearly indicated on the webpage displaying such Goods.
When the Buyer places an order on the Platform for the purchase of Goods sold by HappieToken, and HappieToken accepts the order, this shall constitute a direct Contract between the Buyer and HappieToken. Conversely, when the Buyer places an order for Goods sold by a Third-Party Vendor, and that Vendor accepts the order, this shall create a direct Contract between the Buyer and the Third-Party Vendor. In instances where the Contract is between the Buyer and a Third-Party Vendor, HappieToken is not a party to this Contract and assumes no obligations related to it. The Parties involved in such Contracts are fully responsible for all aspects of the Contract, including the listing of Goods, warranty of purchase, and related matters, and shall indemnify HappieToken against any claims arising from such Contracts.
Any information provided on the Platform in connection with the supply of Goods, including but not limited to photographs, drawings, delivery details, appearance, performance, dimensions, weight, consumption of operating materials, operational costs, or information disclosed by Third-Party Vendors through the chat system, is for informational purposes only and is not binding. By entering into the Contract, the Buyer acknowledges that they do not rely on, and waive any claims based on, such representations or information, and agrees that any dispute regarding such information is solely between the Buyer and the Seller.
While the Seller strives to provide accurate descriptions of the Goods, neither HappieToken nor the Seller guarantees that such descriptions are accurate, current, or free from errors. If the Goods received by the Buyer are fundamentally different from those described on the Platform and ordered by the Buyer, Clause 7 of these Conditions shall apply. HappieToken shall not be liable for any discrepancies in the product descriptions.
Any typographical, clerical, or other errors or omissions in any quotation, invoice, or other document or information issued or published by HappieToken on the Platform may be corrected without any liability on the part of HappieToken. The Buyer agrees that such corrections do not affect the validity of the Contract.

3. Orders and Specifications

The Buyer may purchase Goods by completing the order form on the Platform and is solely responsible for ensuring the accuracy of the order. All orders are subject to the Seller's acceptance at their sole discretion. Each order accepted by the Seller constitutes a separate Contract and is deemed irrevocable and unconditional upon transmission through the Platform. HappieToken has the right (but not the obligation) to process such orders without further consent from the Buyer. However, the Buyer may request to cancel or amend the order, which HappieToken will endeavor (but is not obliged) to accommodate on a commercially reasonable effort basis.
The acceptance of the order and the formation of the Contract between the Buyer and Seller will only be finalized upon HappieToken issuing a confirmation of dispatch of the Goods to the Buyer. For clarity, HappieToken reserves the right to refuse or cancel any order without providing reasons to the Buyer prior to issuing confirmation of dispatch. Additionally, HappieToken may require the Buyer to provide contact and verification information, including but not limited to address and phone numbers, before issuing a confirmation of dispatch.
No concluded Contract may be modified or canceled by the Buyer unless prior written consent is obtained from HappieToken, under the condition that the Buyer indemnifies HappieToken in full against all losses (including loss of profit), costs (including labor and materials), damages, charges, and expenses incurred by HappieToken as a result of the modification or cancellation. Furthermore, HappieToken reserves the right to charge the Buyer for any costs incurred due to processing the cancellation or modification.

4. Price

The price of the Goods shall be the amount stated on the Platform at the time the Buyer places and completes the order form. This price includes any applicable sales tax, service tax, value-added tax, or similar taxes for which the Buyer is liable. However, it excludes any delivery fees, which will be calculated and communicated to the Buyer prior to dispatch.
In the event that a Good has been mispriced on the Platform, the Seller reserves the right to terminate the Contract. The Buyer will be notified of such cancellation via email or through social messaging channels. The Seller retains the right to terminate the Contract regardless of whether the Goods have been issued, are in transfer, or whether payment has been charged to the Buyer. HappieToken shall not be liable for any losses or damages incurred by the Buyer as a result of such termination.

5. Terms of Payment

The Buyer shall be entitled to make payment for the Goods using various payment methods made available on the Platform. When the Buyer places an order on the Platform, actual payment shall only be charged upon the Seller’s acceptance of the Buyer’s order and the formation of a Contract. All payments shall be made to HappieToken, either accepting payment in its own right or as the Seller’s agent (where the Seller is a Third-Party Vendor). The Buyer acknowledges that HappieToken is entitled to collect payments from the Buyer on behalf of Third-Party Vendors.
The terms and conditions applicable to each type of payment method, as prescribed by HappieToken on the Platform, shall be applicable to the Contract. The payment method may also be subject to the following terms:
1. Credit Cards
  The credit card payment option is available for all Buyers. HappieToken accepts all Visa and MasterCard credit cards that are 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of the Buyers shall be protected by industry-leading encryption standards. Additional charges may apply if the Buyer is using a non-Malaysian bank-issued credit card due to foreign exchange rates.
2. Debit Cards
  HappieToken accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry-leading encryption standards.
3. Online Banking
  By choosing this payment method, the Buyer shall transfer the amount of the total purchase price (including any applicable taxes, fees, and shipping costs) for the Goods purchased by the Buyer to a HappieToken account. The transaction must be payable in Ringgit Malaysia. HappieToken, in its sole discretion, may refuse to offer this payment method to any Buyer without notice for any reason.
The Buyer may not claim against the Seller or any of its agents (which may include HappieToken) for any failure, disruption, or error in connection with the Buyer’s chosen payment method. HappieToken reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.
If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected, or the payment is canceled for any reason whatsoever, then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
1. Cancel the Contract or suspend delivery of the Goods until payment is made in full; and/or
2. Charge the Buyer interest on the amount unpaid at the rate of one percent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
All payments for the purchased Goods must be made to HappieToken using the payment methods made available on the Platform only. HappieToken shall not be held responsible for any losses which may arise from payments made directly to Third-Party Vendors or through payment methods apart from the available payment methods on the Platform.
All refunds shall be made via the original payment mechanism and to the person who made the payment, except for Cash on Delivery and Payment on Delivery, where refunds will be made to the Buyer's HappieToken Wallet.
HappieToken offers no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and is subject to the payment provider's internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by HappieToken. All refunds are conditional upon HappieToken’s acceptance of a valid return of the Goods. HappieToken reserves the right to modify the mechanism of processing refunds at any time without notice.

6. Delivery / Performance

Delivery of the digital cash vouchers shall be made to the Buyer’s account on the Platform upon successful completion of the order. The Buyer does not have the right to specify the delivery time for the digital cash vouchers, and HappieToken shall not be liable for any issues arising from the timing of delivery.
If the Buyer opts to receive the digital cash vouchers via a designated Collection Channel (such as a digital wallet or another third-party service), the Buyer will receive a notification once the vouchers are available for collection. The Buyer must collect the vouchers from the Collection Point within 3 working days from the notification date. Failure to do so will result in the automatic termination of the Contract, and the vouchers will be returned to the Seller, with a refund issued to the Buyer, provided that the vouchers have not been redeemed or otherwise used.
HappieToken reserves the right to subcontract any of its obligations for the sale or delivery of digital cash vouchers to any other party at any time, without prior notice to the Buyer. HappieToken shall not be liable for any acts or omissions of such subcontractors.
Any estimated timelines for the availability of digital cash vouchers are approximate only, and delays may occur. The timing of delivery or the performance of the Seller's obligations shall not be deemed essential, and HappieToken shall not be liable for any delays in delivery or performance for any reason. The Buyer acknowledges that any such delays shall not entitle them to any damages or penalties.
If the Seller fails to deliver the digital cash vouchers in accordance with the Contract or within a reasonable timeframe, the Buyer shall serve written notice to HappieToken, requesting performance within a specified period of no less than 14 days. If HappieToken fails to fulfill this request within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund for the undelivered vouchers, provided the Buyer has complied with all other terms of the Contract.
If the digital cash vouchers have been credited to the Buyer’s account, even after the Buyer has claimed a refund pursuant to Clause 6.5, the Buyer shall immediately notify HappieToken of the transaction. Ownership of the vouchers shall remain with HappieToken, and the Buyer shall hold the vouchers as HappieToken's fiduciary agent. HappieToken reserves the right to demand the immediate return of the vouchers. In the event of non-compliance, HappieToken may pursue legal action against the Buyer for the return of the vouchers and seek damages and all other costs, including legal fees, incurred as a result.
If the Buyer fails to access the digital cash vouchers (except due to circumstances beyond the Buyer’s reasonable control or the Seller’s fault), then, without prejudice to any other right or remedy available to HappieToken, HappieToken may:
1. Revoke access to the vouchers and account for any excess payment or charge the Buyer for any shortfall below the price agreed upon in the Contract.
2. Terminate the Contract and claim damages for any losses incurred due to the Buyer’s failure to access the vouchers, including but not limited to any legal fees or costs associated with the enforcement of these terms.

7. Return, Refund, and Replacement of Vouchers

All return requests must be conducted in accordance with the instructions set out in the Return Policy. The Buyer may initiate the return process by contacting HappieToken or the Seller through the Platform.
The Buyer may apply to return the purchased digital cash vouchers by completing the Online Return Form within the applicable returns eligibility period set out in the Return Policy. For clarity, the countdown begins from the date the Buyer receives notification of the vouchers' delivery. In cases of discrepancies or issues with the vouchers, the Buyer must contact HappieToken or the Seller within 48 hours of notification.
The Buyer may apply for the return of purchased digital cash vouchers under the following circumstances:
1. The vouchers delivered to the Buyer are defective or not functional upon delivery;
2. The vouchers materially differ from the description provided by the Seller on the Platform;
3. The vouchers do not match the agreed specifications stipulated in the order;
4. The Buyer has a change of mind regarding the vouchers, subject to the terms specified herein;
5. Any other circumstances as prescribed by HappieToken on the Platform.
Notwithstanding Clause 7.3, refunds or returns may not be accepted for digital cash vouchers that have already been redeemed, or if there is evidence of use, including but not limited to screenshots or snapshots that may suggest fraudulent activity.
Refund Eligibility and Process:
1. To be eligible for a refund, the Buyer must submit a return request in accordance with the outlined procedures and within the stipulated eligibility period.
2. Refunds will only be processed once HappieToken or the Seller has reviewed and approved the return application based on the provided evidence.
3. Refunds will be issued using the original payment method unless otherwise agreed upon by both parties. The time frame for processing refunds may vary based on the payment provider's policies.
The application for the return of purchased vouchers may also be subject to additional terms and conditions prescribed by HappieToken on the Platform. Please refer to the Help Center for further details.
Change of Mind Returns:
1. If a Buyer wishes to return vouchers for a change of mind, they must do so within 4 hours from the time of receipt, provided that the vouchers remain unredeemed and in their original condition.
2. In such cases, HappieToken reserves the right to deduct a 20% fee from the refund amount to cover administrative costs.
Fraud Prevention:
1. The Buyer must ensure that the digital cash vouchers have not been used, printed, or captured through screenshots or snapshots. Any evidence suggesting fraudulent activity will render the return and refund request null and void.
2. HappieToken reserves the right to exercise its legal rights to claim back any losses incurred due to fraudulent activity, including pursuing legal action if necessary.
Questions and Complaints Regarding Returns:
1. If you have any questions or complaints, you may either contact the Seller directly via the Platform or reach out to HappieToken using the “Contact Us” page on the Platform.
2. In the event that the Buyer is unable to resolve any dispute with the Seller directly through amicable negotiations, HappieToken reserves the right to suggest and implement an appropriate resolution at its sole discretion, which may include mediation or other dispute resolution mechanisms.
Legal Compliance:
1. This Clause 7 shall be interpreted in accordance with the Consumer Protection Act 1999 and other applicable laws in Malaysia to ensure compliance and protection of consumer rights.
Limitation of Liability:
1. HappieToken shall not be liable for any indirect, incidental, or consequential damages arising from the return or refund process, including but not limited to loss of profit, goodwill, or any other intangible losses.

8. Risk of and Property in Digital Cash Vouchers

Risk of loss or unauthorized access to the digital cash vouchers shall pass to the Buyer at the time of delivery to the Buyer’s account on the Platform. If the Buyer fails to collect or access the vouchers, risk shall pass at the time HappieToken has completed the transaction, and the Buyer shall be responsible for any losses that occur thereafter.
Notwithstanding the delivery and the passing of risk in the digital cash vouchers, ownership of the vouchers shall not pass to the Buyer until HappieToken has received full payment in cash or other form for the vouchers and any other goods or services provided by HappieToken to the Buyer for which payment is due.
Until ownership of the digital cash vouchers passes to the Buyer, the Buyer shall hold the vouchers as HappieToken’s fiduciary agent and bailee, keeping the vouchers separate from any personal assets and clearly identified as the property of HappieToken.
The Buyer agrees to immediately notify HappieToken of any matter affecting HappieToken’s title to the digital cash vouchers and shall provide any information regarding the vouchers as HappieToken may reasonably require, including details of any unauthorized access or potential fraud.
Until ownership of the digital cash vouchers passes to the Buyer (and provided the vouchers are still valid and have not been redeemed), HappieToken shall be entitled to demand the immediate return of the vouchers. In the event of non-compliance, HappieToken reserves the right to take legal action against the Buyer for the return of the vouchers, seek damages for any losses incurred, and recover all other costs, including legal fees.
The Buyer shall not be entitled to pledge or otherwise encumber any digital cash vouchers that remain the property of HappieToken as security for any indebtedness. If the Buyer does so, all amounts owed by the Buyer to HappieToken shall immediately become due and payable.
If the provisions of this Clause 8 are not effective according to the law of the jurisdiction in which the digital cash vouchers are provided, the legal concept closest in nature to retention of title in that jurisdiction shall apply to give effect to the underlying intent expressed in this clause. The Buyer shall take all necessary steps to comply with such provisions.
The Buyer shall indemnify HappieToken against all losses, damages, costs, expenses, and legal fees incurred by HappieToken in connection with the assertion and enforcement of HappieToken's rights under this clause, including but not limited to any fraud-related claims or disputes regarding the ownership or access to the digital cash vouchers.

9. Termination

The Buyer may terminate the Contract before the digital cash vouchers are delivered to the Buyer’s account by providing written notice to HappieToken through the Contact Us page on the Platform. If the digital cash vouchers have already been delivered to the Buyer’s account, the Buyer may not terminate the Contract but may only request a return or refund in accordance with Clause 7 of these Conditions.
Without prejudice to any other right of termination provided elsewhere in these Conditions, HappieToken may suspend further transactions, prevent access to the digital cash vouchers, and/or terminate the Contract with immediate effect by notifying the Buyer on or at any time after the occurrence of any of the following events:
1. The digital cash vouchers under the Contract becoming unavailable for any reason, including but not limited to regulatory changes, technical failures, or fraud; and/or
2. The digital cash vouchers under the Contract being mispriced on the Platform.

10. Warranties and Remedies

Except as expressly provided in these Conditions, all other warranties, conditions, or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
Subject to this Clause 10 of these Conditions, HappieToken warrants that the digital cash vouchers will correspond with their description at the time of delivery to the Buyer’s account, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the digital cash vouchers are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of applicable consumer protection laws), HappieToken further provides the Buyer with such implied warranties as cannot be excluded by law.
HappieToken's warranty concerning the digital cash vouchers is subject to the following conditions:
1. No warranty as to the suitability of the digital cash vouchers for any particular purpose or use.
2. Any description given of the digital cash vouchers is for identification only and shall not constitute a sale by description.
3. Delivery of digital cash vouchers will align with the general description under which they were sold.
4. HappieToken is not liable for any actions taken by the Buyer or third parties, including improper claims or unauthorized use.
5. HappieToken is under no liability for defects arising from improper use by the Buyer.
6. The Buyer shall indemnify HappieToken for any losses caused by misuse of the digital cash vouchers.
7. No warranty applies if the total price has not been paid by the due date.
8. HappieToken shall be under no liability for any defect arising after the Warranty Period.
Where there is any defect in the quality or condition of the digital cash vouchers, the Buyer may apply to return the defective vouchers in accordance with HappieToken’s Return Policy and Clause 7 of these Conditions.
As an alternative to returning faulty digital cash vouchers, the Buyer may request a repair. HappieToken reserves the right to accept or reject such requests.
If the digital cash vouchers have not been remedied within a reasonable time, the Buyer shall be entitled to a reduction of the price, not exceeding 15%.
When HappieToken has provided replacement vouchers or issued a refund, the non-conforming vouchers become HappieToken's property.

11. Liability

In no event shall HappieToken be liable for any loss of profit, goodwill, production, or any indirect or consequential losses.
The remedies outlined in Clause 10 constitute the Buyer’s sole remedies for any non-conformity or defects in the digital cash vouchers.
HappieToken’s liability shall not exceed the total amount paid by the Buyer to HappieToken under that Contract.
Multiple events leading to the same loss will be treated as a single claim.
No action shall be initiated later than 12 months from the date the Buyer became aware of the circumstances leading to the claim.

12. General Provisions

Neither HappieToken nor the Seller shall be liable for non-performance due to events beyond their control.
Any notice required must be in writing and addressed to the appropriate party.
Terms defined by Incoterms published by the ICC shall have the same meaning in these Conditions.
A waiver by HappieToken of any breach shall not be deemed a waiver of subsequent breaches.
If any provision of these Conditions is deemed invalid, the remaining provisions shall remain in effect.
Only the parties to the Contract have the right to enforce these terms.
The Contract shall be governed by the laws of Malaysia.
If the Contract is with a Third-Party Vendor, the Buyer must first exhaust legal avenues against the Vendor.
HappieToken may initiate legal proceedings for protecting intellectual property rights.
HappieToken may amend these Conditions, with changes taking effect as specified.
Any typographical error in documents may be corrected without liability.
The English version of these Conditions shall take precedence over translations.
These Conditions represent the entire agreement.
HappieToken reserves the right to delegate or subcontract its functions.

13. Pre-Sale Program

This Clause pertains to the Pre-Sale Program offered by HappieToken. In case of any inconsistencies, this Clause shall take precedence.
The Pre-Sale Program will be available to certain Buyers for a specified period at HappieToken’s discretion.
HappieToken offers the Pre-Sale Program within the limits of its capabilities, acknowledging possible downtimes.
During the Pre-Sale Period, Buyers may place a pre-sale order by making a pre-payment.
Buyers will be informed of the pre-payment amounts and timeline for final payment.
The Pre-Payment is non-refundable and may be forfeited if the Final Payment is not completed.
Orders will be confirmed only if both Pre-Payment and Final Payment are completed.
Buyers may use any accepted payment method for the Pre-Sale Program.
HappieToken reserves the right to cancel any Pre-Payment or orders if the Buyer breaches these Conditions.
No vouchers or codes may be used for purchasing Goods under the Pre-Sale Program.