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.
16B SPECIFIC T&C - FAVEPAY
16B.1 INTRODUCTION
(a) We have developed and own a cashless payment mechanism named “FavePay” that allows you to make cashless payments to the Merchant via FavePay.
(b) FavePay supports payments made on the Platform via Credit / Debit card, online banking, selected electronic wallet (e-wallet) and Cashbacks or other payment method as may be accepted by us from time to time.
(c) Your usage of or transaction carried out on FavePay is additionally governed by these Specific T&C - FavePay.
16B.2 BASIS OF THE FAVEPAY TRANSACTIONS
(a) FavePay transactions are made after you have received your goods and/ or services from the Merchant.
(b) All transactions carried out through FavePay are directed and initiated by you and is in no way, controlled by Fave. In particular, the FINAL PRICE shall be the amount specified and input by you onto our Platform. WE SHALL NOT BEAR ANY LIABILITY OR RESPONSIBILITY FOR LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF YOUR FAILING TO INPUT THE CORRECT FINAL PRICE.
(c) We merely act as a facilitator to assist you in making cashless payments at the Merchant’s participating outlet, whether online or at the physical store, via FavePay by hosting, maintaining and facilitating transactions between you and Merchants via the internet.
(d) In relation to your selected payment mechanism, you represent and warrant to be an authorised holder of the selected and eligible Credit / Debit card, online banking, selected electronic wallet (e-wallet) or other payment methods as may be accepted by us from time to time (“Payment Method”).
16B.3 FAVEPAY TERMS
(a) When a transaction takes place, payment is processed whereby (i) credit card/debit card / online banking/e-wallet information is held and (ii) the price of the transaction is charged to the selected payment method immediately.
(b) You must provide a current, valid and accepted payment method (as may be updated periodically) in order to utilise the FavePay in full.
(c) No cancellation by you is permitted for payments made through FavePay. However, you may communicate with the Merchant to request for a cancellation or termination. In the event of cancellation by the Merchant, we shall refund FINAL PRICE (less any handling fee or administrative charge chargeable at FAVE’s discretion) made by you. In the event of a partial cancellation by the Merchant, we shall refund such part of the FINAL PRICE (less any handling fee or administrative charge chargeable at FAVE’s discretion) as instructed by the Merchant. All refund or partial refund shall be made through the original payment method elected by you and may take up to 14 business days to process. To facilitate the refund process, you shall ensure that the payment
information and/or details are accurate as the default refund method depends on your original payment method.
(d) If a selected payment method fails to transact, we retain the right to request and/or seek payment from you through other avenues. Payment method may be changed at the “Payment” page on the Platform. In the situation whereby a payment transaction is unsuccessful due to whatever reason, you are recommended to change the pre-selected payment method to ensure a subsequent payment can be successfully transacted, failing which will result in allowing us the authority to continue billing you based on the pre-selected payment method. For the avoidance of doubt, any concern, dispute or query in respect of the use of a selected payment method shall be resolved between you and the relevant financial institution, credit/debit card issuer and/or e-wallet operator.
(e) By using FavePay, you irrevocably acknowledge and agree that we may use all information, including personal and billing information, provided to us in the course of using the Services (“Payment Instructions”). You acknowledge and agree that it is your sole responsibility to ensure that all your Payment Instructions are correct, complete and accurate in every respect and you understand that time is required to process your Payment Instructions. The Payment Instructions provided by you will be treated as final and we are not obliged to verify the Payment Instructions with you. Further, by providing us with your Payment Instructions, you agree to pay or authorise us to deduct from your Account all fees and charges associated with your Payment Instructions. For the avoidance of doubt, any concern, dispute or query in respect of Payment Instructions or the functionality of a selected payment method shall be resolved between the User and the relevant financial institution, credit/debit card issuer and/or e-wallet operator.
(f) We shall not be responsible and will not assume liability for any losses and/or damages to you arising from wrong information and details, including payment information and/or card details, entered by you or wrong remittance by you in connection with the payment for the purchase of a Merchant Offering. We reserve all rights to verify whether you are duly authorised to use a certain payment method and we may suspend a payment transaction until such authorisation is confirmed or cancel such relevant transaction where such confirmation is not available.
(g) Cashback
At our sole discretion, you may be issued with Cashback upon utilization of FavePay on terms and conditions as may be specified accompanying the utilization of FavePay on the Platform which may include the maximum amount of Cashback to be issued for any one payment via FavePay. Such other 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 final determination of the terms of issuance and redemption of such Cashback on a case-to-case basis.
In the event of a cancellation or termination by a Merchant, any Cashback previously issued shall be refunded to us or if already utilized by you, shall be deducted from your Account in a manner we deem fit.
(h) Capping of Cashback (applicable for Singapore only)
Any Partner Cashback received from the utilization of FavePay and/or additional cashback earned from the purchase of eCards (“Bonus Cashback) by you, is subject always to a cumulative maximum total amount of SGD1000(“Capped Amount”). If at any given point in time, you have earned the Partner Cashback and/or Bonus Cashback up to the Capped Amount, you are no longer eligible to earn further Partner and/or Bonus cashback from any subsequent purchase of eCards and/or FavePay transactions. For the avoidance of doubt, you will once again be eligible to earn the Partner and/or Bonus cashback once your Partner and/or Bonus cashback fall below the Capped Amount.
Illustration 1.
As of 1st November 2022, Annie has a total Partner and/or Bonus Cashback of SGD 970 in her Fave Account. One of the Partner Cashback (Dolly Dimsum with partner cashback of SGD 15) in her Fave account is expiring on 3rd November. On 4th November, Annie paid for a facial session using FavePay and therefore entitled for a Partner Cashback of SGD45. In this scenario, due to the expiry of the Dolly Dimsum partner cashback, the total amount of Partner and/or Bonus Cashback in Annie’s Fave account has been reduced to SGD 955 and therefore, entitled her to earn subsequent partner cashback from her facial session.
Illustration 2.
Annie has a total Partner and/or Bonus Cashback of SGD970 in her Fave Account. She wanted to buy an eCard with the Sanctuary Slimming Centre where she would only be paying SGD100 and be rewarded with SGD200 worth of eCard (additional Bonus Cashback of SGD100). In this scenario, Annie will not be able to buy the eCard because the additional bonus cashback of SGD100 would result in her total cashback exceeding the Capped Amount.
Illustration 3.
Annie has a total Partner and/or Bonus Cashback of SGD970 in her Fave Account. She wanted to treat her friend Baskin Robbin Ice Cream and offered to pay using FavePay. The total ice cream bill was SGD400, and she is entitled to a Partner Cashback of SGD40. In this scenario, Annie will only earn a partner cashback of SGD30 and the remaining SDG10 will not be credited to her account.
For the avoidance of doubt, no capping shall apply to any FaveDeals product.
16B.4 WARRANTIES
You hereby irrevocably acknowledge and agree that:
(a) we merely facilitate you to make cashless payments at the Merchant’s participating outlet;
(b) any and all information about the goods and/or services are provided by the Merchant to you;
(c) the Merchant is the ultimate seller and actual service provider;
(d) the Merchant, and not us, is solely responsible for providing and/or fulfilling the goods and/ or services sold to and purchased by you;
(e) the Merchant is solely responsible for performing the warranty or honour the guarantee (if any) attached to the goods and/ or services purchased;
(f) any dispute arising in connection with the provision, fulfilment or performance of the goods and/ or services shall be resolved between you and the Merchant only; and
(g) you have read and understood all additional terms and conditions accompanying the cashless payment(s) made by you such as Cashback.
If you have any questions or concerns about these Specific T&C – FavePay, please contact us via email at hello@myfave.com or through the communication channel(s) made available on the Platform.