ACTS2U APP TERMS OF USE

About the Application 

Welcome to the ACTS2U Application (“App”).

  1. The App is operated by ACTSCOM SDN BHD (COMPANY No: 812288-W) (“ACTS2U”, “we” or “us”). Please read these terms and conditions (“Terms”) carefully. By browsing and/or reading and or using the App and/or providing your details and/or verifying your email account and/or using your ACTS2U loyalty points and/or by downloading and/or using a compatible Application, you confirm that you have read, understood and agree to be bound by the Terms as a ACTS2U member (“Member”). If you do not agree with the Terms, you must cease usage of the App, or any of its Services, immediately.
  2. ACTS2U reserves the right to change or revise any of the Terms by updating this page at its sole discretion at any time. When ACTS2U updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. 
  3. Individuals accept the Terms by using or browsing the App. Individuals may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to them by ACTS2U in the user interface. 
  4. These Terms and Conditions are to be read in conjunction with, and subject to, any additional terms and conditions governing any particular reward, promotion, discount or offer operated by ACTS2U.

 

Registration to use the App 

  1. As part of the registration process, or as part of your continued use of the App, you may be required to provide personal information about yourself (such as identification or contact details), including: 
    1. name; 
    2. address;
    3. date of birth;
    4. gender;
    5. e-mail;
    6. phone number; and
    7. preferred user name.
  2. You warrant that any information you provide to ACTS2U in the course of completing the registration process is at all times accurate, correct and up to date. 
  3. Once you have completed the registration process, you will be a registered member of the App ('Member') and agree to be bound by the Terms.
  4. Individuals under 18 years old must have parental/ guardian approval to register for this App and further, the parent/ guardian of the individual must read and consent to these Terms and Conditions.

Member Obligations

  1. You will use the App only for purposes that are permitted by:
  2. You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cessation of your right to use the App.
  3. A Member’s account may only be used by the Member in whose name the account is registered. Multiple individuals are not allowed to share one Member’s points.
  4. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify ACTS2U of any unauthorised use of your password or email address or any breach of security of which you have become aware.
  5. Access and use of the App is limited, non-transferable and allows for the sole use by you for the purposes set out by ACTS2U.
  6. You may not use the App: 
  7. You acknowledge and agree that any automated use of the App is prohibited.
  8. ACTS2U employees are strictly prohibited from redeeming points accrued from customers’ transactions, such action will be regarded as a breach of employment contract and the ACTS2U app Terms of Use.

Points Collection, Expiry and Items Redemptions

  1. You agree and acknowledge that:
  2. With your account set up, accumulate points for every dollar amount spent in all ACTS2U participating outlets by scanning your Member QR code assigned to your account using the App when making your payment.
  3. Until otherwise advised by ACTS2U, 1 points will be awarded to your account for 1 dollar spent where payment is made in a ACTS2U store in Malaysia. Points cannot be accumulated in conjunction with the use of any cash vouchers, discount coupons or other promotion. No points can be earned for discounted purchases.
  4. Your accrued points will be displayed on the App once logged in. You can redeem the accrued points to receive selected items from the ACTS2U menu. Verified Members must have enough points to redeem against the set value of the item using points alone. 
  5. In the event that you are unable to scan or collect points owing or redeem items to a malfunction of the App or the store point of sale system (i.e. server crash, scanner malfunction) you may still accumulate the un-registered points by sending a proof of purchase, tax invoice or receipt with a clear date together with the your member ID to acts2u@actscom.com.my within 24 hours of the purchase.
  6. Members are unable to change their account or personal information in the App or in store or via email to ACTS2U. To see what options are available to rectify the situation, please contact acts2u@actscom.com.my.
  7. All rewards are available while stocks last. If any reward (or part of any reward) offered in conjunction with the usage of the App is unavailable, ACTS2U, in its discretion, reserves the right to substitute the reward (or part of the reward). 
  8. Points are not transferable, exchangeable or redeemable for cash. Points accrued in multiple accounts cannot be combined. 
  9. Full points redemption is required to claim any reward. I.e. it is not possible to redeem a reward partly with cash and partly with points.
  10. ACTS2U reserves the right to refuse to scan in the App if we believe that the use is unauthorized, fraudulent or otherwise unlawful.
  11. ACTS2U reserves the right to correct the balance of your ACTS2U Member’s points if we believe a clerical or accounting error or the misuse of the loyalty point system has occurred.
  12. ACTS2U reserves the right, at any time, in its sole discretion, to verify the validity of members, registrations, verification of accounts, and points accrual and redemption (including a Member’s identity, age and email address) and reserves the right, in its sole discretion, to disqualify any Member who ACTS2U has reason to believe has breached any of these Terms and Conditions, tampered with the registration, points accrual/redemption and/or account verification process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper operation of the member loyalty. Errors and omissions may be accepted at ACTS2U’s discretion. Failure by ACTS2U to enforce any of its rights at any stage does not constitute a waiver of those rights. ACTS2U’s legal rights to recover damages or other compensation from such an offender are reserved.
  13. If for any reason ACTS2U App is inoperable (including but not limited to computer virus, bugs, tampering, unauthorized intervention, fraud, and technical failures), ACTS2U reserves the right in its sole discretion to disqualify any individual who tampers with ACTS2U systems, and to cancel, terminate, modify or suspend the Member’s account. This includes causes beyond the control of ACTS2U which corrupts or affects the administration security, fairness, integrity or proper conduct of the App.
  14. This App is available to handheld mobile devices running Apple iOS Operating Systems and/or Android OS. ACTS2U will use reasonable efforts to make the App available at all times. However, you acknowledge the App is provided over the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our control (e.g. server crash, internet outage) and ACTS2U disclaims all liability and will  not be held liable in connection with internet, mobile data of the Member, any computer virus, bugs and technical failures of the App.
  15. ACTS2U will not be held liable for any communication to any Member that is late, lost or misdirected for any reason, including but not limited to, problems or technical malfunction of any telephone network or line, equipment, server or provider, software, technical problem or traffic congestion on the Internet or other system configuration problems.
  16. ACTS2U’s decision in relation to all matters arising under these Terms is final and binding, and no correspondence will be entered into.

 

Payment

  1. General: You may pay for the Product using any of the payment methods prescribed by ACTSCOM from time to time. When you place an Order, actual payment will be only charged upon Seller's acceptance of your Order and formation of a Customer Contract. All payments shall be made to ACTSCOM, either accepting payment in its own right or as Seller's agent (where Seller is a Third Party Vendor). You acknowledge that ACTSCOM is entitled to collect payments from you on behalf of Third Party Vendors.
  2. Additional terms: The payment methods may be subject to additional terms as prescribed by ACTSCOM from time to time.
  3. Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include ACTSCOM), for any failure, disruption or error in connection with your chosen payment method. ACTSCOM reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
  4. Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract.
  5. Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
  6. Refund of Payment:
  7. All refunds shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery, where refunds will be made via bank transfer or store credit into the individual's bank account provided that complete and accurate bank account details are provided to us.
  8. We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
  9. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
  10. All refunds are conditional upon our acceptance of a valid return of the Product.
  11. We reserve the right to modify the mechanism of processing refunds at any time without notice.
  12. The guidelines regarding the refunds process of ACTSCOM can be accessed here.

 

Returns/Repairs/Replacements

  1. Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy here. Seller is not obliged to agree to any return unless all such instructions are followed to Seller's and ACTSCOM's satisfaction. Should Seller agree to the return, Seller will deliver the replacement Product to your specified address.
  2. Permitted returns: Subject to Clause 6.1, within 14 days for items covered under Satisfaction Guaranteed, and 7 days for items covered under 100% Buyer Protection, from the date of delivery of the Product, you may return a Product when you:
  3. receive a product that is fundamentally different in nature from the Product specified in the Customer Contract;
  4. receive a faulty or damaged Product;
  5. receive a product that is not as advertised on the platform;
  6. wrong item is delivered;
  7. receive a product that has missing parts/items; or
  8. receive a product that does not fit (for fashion items).
  9. Repair, replacement or price reduction: As an alternative to returning faulty or damaged Products under Clause 6.2, a Customer may request for a repair or replacement of such Products. Such request shall be irrevocable upon notification of the request to ACTSCOM and the Customer may not later elect for a return under Clause 6.2. Where the Products have not been repaired or replaced within a reasonable time, ACTSCOM may, at its sole discretion, grant to the Customer a reduction of the price in proportion to the reduced value of the Products, provided that under no circumstance shall such reduction exceed 15 per cent. (15%) of the price of the affected Products. Upon repair, replacement or price reduction being made as aforesaid, the Customer shall have no further claim against Seller.
  10. Replacement Products: When ACTSCOM has provided replacement Products or given the Customer a refund, the non-conforming Products or parts thereof shall become Seller's property and upon request such Products or parts thereof should be shipped back to Seller.
  11. Risk of damage or loss: Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Products, the time when Seller (via ACTSCOM or ACTSCOM's agents) has tendered delivery of the Products.
  12. In cases where the customer refuses to take possession of the product without sufficient cause or justification, or returns the item without sufficient cause or justification, as provided under Clause 6, ACTSCOM will safely keep the item for a period of fifteen (15) days, reckoned from the date ACTSCOM receives the product from customer. After the lapse of such period, the product or item is deemed abandoned by customer, and ACTSCOM or Seller may dispose of the product or item. Notwithstanding the foregoing, ACTSCOM will use its best efforts to return the product to the Customer within the time frame provided.

 

Delivery Information

  1. Klang Valley: We commit same-day delivery to selected delivery areas and postal codes in Klang Valley. We will deliver your orders on the same day within business hours. Last order for Same-Day Delivery time is 11:00am, orders after 11:01am will be delivered on the following working day before 6pm.
  2. Outstations: We ship most items across Peninsular Malaysia within 3 working days. Working days include Monday-Friday, excluding holidays. We ship most items to East Malaysia within 3 to 7 working days. Working days include Monday-Friday, excluding holidays.
  3. We partner with Sure-Reach Express, GD Express and Yamato Transport (TA-Q-BIN Express) to ship your packages. You'll receive a shipping confirmation e-mail that will confirm a consignment note & live tracking. You may notice the tracking status might have not updated or slightly delayed. That's because the most couriers will only update tracking status on the next processing day.
  4. Please note that time-scales for delivery and delivery charges will vary depending on the availability of the items ordered, and your address. Please allow for extra time for deliveries to outside of the Kuala Lumpur metro area. We cannot accept orders from or deliver to addresses outside Malaysia. Please ensure that you have provided complete delivery address.
  5. If no one is available at your address to take delivery, our delivery partner will make a maximum of two delivery attempts before returning the order to us, in which case, we reserve the right to consider that you have rejected delivery and that the Contract is therefore cancelled. In the event of cancellation of the Contract for non-delivery, kindly contact us within 2 weeks, or else your item will be forfeited.
  6. Delivery of an order shall be completed when we deliver the item(s) to the address you gave us when placing your order. You own the item(s) once we have received payment in full from you in respect of such item(s) - unless and until the Contract is cancelled, in which case ownership of the item(s) reverts to us on our refund to you in respect of the cancelled item(s). The item(s) will be your responsibility from the completion of delivery of such item(s).
  7. If our delivery tracking system trace your address was incorrect postcode key-in , we have the right to change your delivery mode , Please enter with cautions the address to reduce time for delivery team make a arrangement for us provide the fast delivery for you.

 

Copyright and Intellectual Property 

  1. The App and all of the related products of ACTS2U are subject to copyright and are the sole property of ACTS2U and its related entities. The material on the App is protected by copyright under the laws of Malaysia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by ACTS2U. 
  2. All trademarks, service marks and trade names are owned, registered and/or licensed by ACTS2U, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: 
  3. ACTS2U does not grant you any other rights whatsoever in relation to the App. All other rights are expressly reserved by ACTS2U.
  4. ACTS2U retains all rights, title and interest in and to the App and all related services. Nothing you do on or in relation to the App will transfer any:

  5. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright or any other intellectual property, or

    a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

    a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you. 

  6. You may not, without the prior written permission of ACTS2U and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the services offered by the App for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the App which are freely available for re-use or are in the public domain. 

 

Privacy Policy

ACTS2U takes your privacy seriously and any information provided through your use of the App is subject to our Privacy Policy.

 

Links to Third Party Websites

The App may contain links to websites operated by third parties (“Third Party Websites“). We may monetise some of these links through the use of third party affiliate programmes or introduce Third Party Website links for other reasons. We disclaim any liability in relation to your use of any Third Party Websites or their availability or contents and you agree that we will not be liable in relation to your use of any Third Party Websites.

 

Apple and Google Terms and Conditions

 

  1. These Terms supplement and incorporate:
  2. If any of the provisions of the Apple Terms or Google Terms conflict with these Terms, these Terms will control, solely to the extent such terms apply to the App.

 

General Disclaimer 

 

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Malaysian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause, and to the extent permitted by law: 

  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  2. ACTS2U will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the App or these Terms (including as a result of not being able to use the App or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  3. Use of the App is at your own risk. Everything on the App is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, franchisees, directors, officers, employees, agents, contributors and licensors of ACTS2U make any express or implied representation or warranty about the App or any products or services referred to on the App. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: 
  4. Our failure to enforce any of these Terms shall not be construed as a waiver of any of our rights.

Limitation of liability

  1. ACTS2U's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the services to you.
  2. You expressly understand and agree that ACTS2U, its affiliates, employees, franchisees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

Termination 

  1. The Terms will continue to apply until terminated by either you or by ACTS2U as set out below.
  2. If you want to terminate the Terms, you may do so by removing the App from your device(s) and ceasing to use the App.
  3. ACTS2U may at any time, terminate the Terms with you if:
  4. Subject to local applicable laws, ACTS2U reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the App without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts ACTS2U's name or reputation or violates the rights of those of another party. 

Indemnity

You agree to indemnify ACTS2U, its affiliates, franchisees, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any direct or indirect consequences of you accessing, using or transacting on the App or attempts to do so; and/or any breach of the Terms. 

 

Governing Law 

The Terms are governed by the laws of Malaysia. 

 

Severance 

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.