UPDATED AND EFFECTIVE AS OF 29TH MAY 2024
Welcome to the FAVE website https://myfave.com/ (“Site”) and/or FAVE mobile apps (“App”) (collectively, the “Platform”).
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY SO THAT YOU ARE AWARE OF YOUR RIGHTS AND OBLIGATIONS TOWARDS THE APPLICABLE FAVE COMPANY IN YOUR JURISDICTION (FAVE ASIA TECHNOLOGIES SDN BHD (COMPANY REGISTRATION NO. 201101000765 (928899-V)) IN MALAYSIA, BEECONOMIC SINGAPORE PTE. LTD. (UEN: 201002456D) IN SINGAPORE AND PT DISDUS INDONESIA (NPWP: 31.220.128.8.022.000) IN INDONESIA) AND ITS RELATED COMPANIES, SUBSIDIARIES AND AFFILIATES (INDIVIDUALLY AND COLLECTIVELY, "FAVE", "WE", "US" OR "OUR") IN RESPECT OF THE ACCESS AND USE OF THE PLATFORM AND/OR SERVICES PROVIDED BY US.
BY ACCESSING THE PLATFORM, USING THE SERVICES AND/OR REGISTERING FOR AN ACCOUNT WITH US, YOU GIVE YOUR ACCEPTANCE OF AND CONSENT TO THESE TERMS OF USE, WHICH SHALL INCLUDE THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO AND/OR IMPOSED BY US FROM TIME TO TIME. YOUR ACCEPTANCE OF THESE TERMS OF USE SHALL CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN FAVE AND YOU AS THE USER. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, IN WHOLE OR IN PART, PLEASE DISCONTINUE ACCESSING AND USING THE PLATFORM, ACCOUNT AND/OR SERVICES IMMEDIATELY.
16A. SPECIFIC T&C – FAVEDEALS
16A.1 INTRODUCTION
The sale and purchase of any Merchant Offering on the Platform are additionally governed by this Specific T&C - FaveDeals.
16A.2 BASIS OF THE CONTRACT
(a) The Merchant Offering on the Platform do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any item shall be formed until our issuance of a confirmation of a successful purchase on behalf of the Merchant confirming your purchase of the Merchant Offering.
(b) All Merchant Offerings are subject to such further terms and conditions as may be specified accompanying such Merchant Offering on the Platform. Such further terms and conditions may include:
(i) Validity or Redemption Period
The validity or redemption period of your Contract shall be as specified accompanying such Merchant Offering on the Platform. Upon the expiry of the validity or redemption period, the Contract shall be deemed to have lapsed and you shall not have any recourse against the Merchant and/or us.
(ii) Additional Terms & Conditions, Fine Print and Things to know
Depending on the Merchant Offering purchased by you, additional terms and conditions will apply and shall be as specified accompanying such Merchant Offering on the Platform. Such additional terms and conditions would be published under headers including but not limited to “Additional Terms and Conditions”, “Fine Print” and “Things to know”. We and/ or the Merchant shall not be held liable for any costs, expenses or loss arising from your failure to take note of and/ or failure to comply with such additional terms and conditions.
16A.3 ORDERS AND SPECIFICATION
(a) You may make an offer to purchase Merchant Offering by placing and completing the order on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to our acceptance on behalf of the Merchant and each order accepted by us shall constitute a separate Contract.
(b) Order acceptance and formation of the Contract will be completed upon our issuance of a confirmation of the successful purchase of the Merchant Offering to you.
(c) Refusal of Order
(i) We reserve the right to withdraw any item from the Platform at any time and/or remove or edit any materials or content on the Platform at its sole discretion.
(ii) You acknowledge that we use our best efforts to always process all orders but there may be unforeseen circumstances where we are required to refuse to process an order despite a confirmation of successful purchase having been sent. In such an event, you agree that we shall not be held liable or in any way be held liable to you.
(iii) In the event you have made full payment for your order under a Contract and if the refusal of order is not due to your fault, FAVE agrees to refund the payment made to the Customer if the refusal of order is not due to Customer’s fault.
(d) Permitted Dealings with Merchant Offering
You may be permitted to deal with the Merchant Offering purchased in the manner provided on the Platform from time to time such as sending the Merchant Offering as a gift (“Permitted Dealings”) subject to such terms and conditions accompanying such Permitted Dealings on the Platform. Your instructions on the Permitted Dealings shall be deemed final and shall not be capable of cancellation or revocation unless permitted otherwise on the Platform.
(e) Fave Guarantee (where applicable)
In consideration of the fee payable for the Fave Guarantee accompanying a Merchant Offering and subject always to the additional terms and conditions accompanying the Merchant Offering on the Platform, we will refund the payment made to us for the Merchant Offering in the event:
(i) you opt to cancel an order or to terminate a Contract, provided that such cancellation is made before the expiry of the stipulated cancellation deadline accompanying such Fave Guarantee.
(ii) the Merchant ceases its business and is unable to fulfill the Merchant Offering. In such events, we shall refund the FINAL PRICE (less applicable fees payable to Fave such as the fee for Fave Guarantee) through the original payment method elected by you when purchasing the Merchant Offering.
16A.4 PRICE
(a) The price of Merchant Offering shall be the price listed on the Platform at the time which you place and complete the order on the Platform.
(b) The FINAL PRICE payable by you shall be as displayed on the confirmation page which shall include the price of the Merchant Offering, the fee payable for Fave Guarantee (as may be stipulated accompanying the Merchant Offering on the Platform), the applicable sales and services tax, value added tax and/ or other taxes (by whatever name called) imposed by the local authorities from time to time (if not already included in the price of the Merchant Offering) and such other applicable fee indicated.
(c) For the avoidance of doubt, all prices indicated on the Platform may be quoted in different currencies depending on the jurisdiction where you are domiciled or logging in to the Platform.
(d) In the event that any pricing has been mispriced on the Platform, we shall have the right to cancel the order or terminate the Contract which we shall inform you of such cancellation or termination via phone, by giving written notice via email and/or the communication channel available in the Account.
16A.5 PAYMENT TERMS
(a) The FINAL PRICE payable shall be paid upon checkout. You will be entitled to make payments using the various payment methods made available on the Platform.
(b) Our Platform supports one or more of the following payment methods:
(i) Credit / Debit card;
(ii) Online banking;
(iii) Electronic wallet (e-wallet);
(iv) Cashback; or
(v) such other manner made available from our Platform from time to time.
(c) Cashback
FAVE Cashback, Partner Cashback and/or e-Cashback shall be subject to certain further terms and conditions accompanying the issuance of such Cashback. Such further terms and conditions may include:
(i) Cashback Expiry
The validity or redemption period of your Cashback shall be as specified accompanying the issuance of the Cashback on the Platform. Upon the expiry of the validity or redemption period, the Cashback shall be deemed to have lapsed and you shall not have any recourse against the Merchant, our partner and/or us.
(ii) Cashback Detail Breakdown
Depending on the Cashback issued to you (whether FAVE Cashback, Partner Cashback or e-Cashback), additional terms and conditions will apply and shall be as specified accompanying the issuance of such Cashback on the Platform. Such additional terms and conditions may be published as “Partner Cashback Detail Breakdown”. We, our partner and/ or the Merchant shall not be held liable for any costs, expenses or loss arising from your failure to take note of or failure to comply with such additional terms and conditions.
(iii) Notwithstanding all of the above, we reserve all rights to make the final determination of the terms of redemption of such Cashback on a case-to-case basis.
(d) Promo Codes
We and/or the Merchant may accept certain Promo Codes in substitution of a portion of the price or FINAL PRICE. Such acceptance may be subject to further terms and conditions accompanying the issuance of such Promo Codes on a first come first serve basis including but not limited to acceptance of only a fixed number of such Promo Codes and that we and/or the Merchant shall be entitled to refuse acceptance of any such further Promo Codes.
16A.6 WARRANTIES
(a) While we make every effort to ensure that all information and descriptions of Merchant Offering displayed on the Platform are accurate and complete, we provide the information and descriptions on an ‘as is’, ‘as available’ basis for informational purposes only and does not represent, warrant or guarantee that a Merchant Offering’s descriptions are accurate, complete, reliable, current or error-free. Depictions of a Merchant Offering are for reference only and may not always accurately depict every aspect of such Merchant Offering.
(b) Save as expressly provided in Clause 16A, all other warranties, guarantees, conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
(c) Your Acknowledgement
You hereby irrevocably acknowledge and agree that:
(i) we merely provide the Platform to facilitate the sale and purchase of the Merchant Offering by featuring the Merchant Offering on the Platform on behalf of the Merchant;
(ii) all information about the Merchant Offering set out on the Platform is provided by and given to us by the Merchant;
(iii) the Merchant is the ultimate seller and actual service provider of the Merchant Offering;
(iv) the Merchant, and not us, is solely responsible for providing and/or fulfilling the Merchant Offering sold to and purchased by you upon your redemption at the Merchant’s participating outlet (online or in-store);
(v) the Merchant is solely responsible for performing the warranty or honour the guarantee (if any) attached to the Merchant Offering;
(vi) any dispute arising in connection with the provision, fulfilment or performance of the Merchant Offering shall be resolved between you and the Merchant only; and
(vii) you have read and understood all additional terms and conditions accompanying the Merchant Offering, Cashback, Promo Codes, Fave Guarantee and/ or such other Services made available by us from time to time.
If you have any questions or concerns about this Specific T&C – FaveDeals, please contact us via email at hello@myfave.com or through the communication channel(s) made available on the Platform.