Term Conditions Page

BUYER’S TERMS AND CONDITIONS

1. INTRODUCTION

1.1 Pingo Sdn. Bhd. (formerly known as Duta Makmur Konsortium Sdn. Bhd.) (Company No. 201701040957 (1255130-M)), who is the owner and operator of the e-commerce platform known as “PINGO” ( hereinafter “PINGO”) allows its sellers to advertise, list, offer, sell or make available any of the products and/or services for their business that its Buyers may purchase at its website (the “Site”) or its mobile device application (the “App”) (hereinafter, the Site and the App collectively referred to as the “Platform”) in accordance with the following Terms and Conditions of Use, and any other terms and conditions and private policy posted on the Platform (collectively, “Terms”).

1.2 These Terms govern the Buyer’s access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, the Buyer must read carefully and accept these Terms and the Buyer must consent to the processing of the Buyer’s personal data as described in the privacy policy posted on the Platform.

1.3 By accessing the Platform and/or using the Services, the Buyer agrees to be bound by these Terms and any amendments to the foregoing issued by PINGO from time to time. If the Buyer does not agree to these Terms, please do not access and/or use the Platform and/or the Services.

1.4 If the Buyer is under the age of 18 or the legal age for giving consent hereunder pursuant to the Applicable Laws in the Buyer’s country, the Buyer must obtain permission from his/her parent(s) or legal guardian(s) to open an account on the Platform. If the Buyer is the parent or legal guardian of a minor who is creating an account, the Buyer must accept and comply with these Terms on the minor's behalf and the Buyer will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If the Buyer does not have consent from his/her parent(s) or legal guardian(s), the Buyer must stop using/accessing this Platform and/or Services.

1.5 These Terms are issued in both the English and Chinese languages. In the event of any inconsistency between these two versions, the English version shall prevail.

2. VARIATION

2.1 PINGO may at its sole discretion to change, amend, modify, add or remove these Terms at any time and the revised version will be effective immediately that it is displayed on the Platform with no other notices provided to the Buyer. By continuing to use the Platform, the Buyer shall be bound by any revisions to these Terms.

3. DEFINITIONS

3.1 The following terms shall have the following respective meanings:

(a) “Applicable Laws” means with respect to any person, any and all applicable constitutions, treaties, statutes, laws, by-laws, regulations, ordinances, codes, rules, rulings, judgments, rules of common law, orders, decrees, awards, injunctions or any form of decisions, determinations or requirements of or made or issued by,

governmental, statutory, regulatory, administrative, supervisory or judicial authorities or bodies (including without limitation, any relevant stock exchange or securities council) or any court, arbitrator or tribunal with competent jurisdiction and to which such person is subject;

(b) “Buyer”, "you" or “your”, means the person accessing or using the Platform or the Services or purchasing and/or redeeming the Merchant Offering (as defined below) from any of the Seller (as defined below) via the Platform and “Buyers” shall be construed accordingly.

(c) “Business Day” means a day on which banks are open for business in Malaysia (other than a Saturday or Sunday or gazetted public holidays);

(d) “Confidential Information” means all financial, business and technical or other data and all other confidential information (whether written, oral or in electronic form or on magnetic or other media) concerning the business of a disclosing party that a receiving party receives or accesses as a result of any discussions or dealings under this Agreement;

(e) “Force Majeure” means an event arising out of or caused by, directly or indirectly, beyond a party’s reasonable control, including, without limitation, strikes, lock-outs, work stoppages, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or the acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents and/or any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication services;

(f) “Seller” means the seller and/or vendor of the associated Merchant Offering and “Sellers” shall be construed accordingly.

(g) “Merchant Offering” means the goods and/or services and/or promotions provided, supplied and offered by the Seller.

(h) “Successful Transaction” shall have the meaning ascribed to it as set out under Clause 8.4;

(i) “Transaction” means the transaction effected between the Buyer and the Seller in consideration of Merchant Offerings purchased by Buyer; and

(j) “Transaction Value” means the face value of Merchant Offering paid by the Buyer to the Seller in connection to any Transaction.