TERMS OF USE FOR USERS IN MALAYSIA

Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and LUCKY CAR SDN BHD (the “Company”).

By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking to establish an account with the Company.

1. Types of Payment

The Company offers three types of payment functionality as part of the Service:

  • Cash, for users using and paying for Lucky rides.
  • QR Code, for users using Maybank QR Code or AliPay QR Code to pay for Lucky rides;
  • Lucky for Business, for users intending to use prepayment for Lucky rides.

2. Use of the QR Codes

  • Type of payments that can be made with the QR Code:

The QR Code may be used for the sale and purchase of goods and services from all transportation providers, merchants and agents lawfully offering QR Code as a payment solution (either by way of static/dynamic QR Code payment, settlement via the Application, or online settlement), PROVIDED HOWEVER that no payments in violation of the provisions of these Terms & Conditions, including the Acceptable Use Policy shall be permitted.

  • Applicable Fees and Charges:

There shall be no charges levied by Lucky on usage of the Consumer QR Code or on the usage by transportation providers.

Lucky shall charge merchants or agents those fees for usage of the QR Code as detailed in the Schedule of Applicable Fees and Charges, hereto.

You agree that the Fees and Charges provided for in the Schedule of Applicable Fees and Charges shall not be charged in addition to the regular offered costs of the goods or services, and that no surcharge for the use of the QR Code shall be required of consumers.

  • User Transaction Statement:

A full statement of User’s transactions may be downloaded from the following website: https://www.luckycar.app

  • Fraudulent activity or stolen e-money:

You agree to immediately notify Lucky on the following Customer Service number Tel: +603 7972 2798. of any fraudulent activity or theft of funds in the QR Code of which you become aware.

  • Unless the context dictates otherwise, references in these Terms of Use to the QR Code, shall include all such stored value facility e-wallets issued to User by the Company.

3. Funding Methods for use of the Service

  • Payments by the QR Code service may be made directly to the driver application via Maybank Apps or Alipay Apps only.
  • Users need to verify the exact driver’s name and make the payment to the designated account only.
  • You agree that we may verify and authorize the Funding Source details when you first register the Funding Source with us as well as when you use the Service.
  • In the case of credit cards as Funding Sources, you agree that we may issue a reasonable authorization hold, which is not an actual charge against your card, in order to verify your payment method via your card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card.
  • In the event your payment through the using a credit card as your Funding Source is processed overseas, you will be liable for any additional charges in relation thereto.
  • Your transaction will hold only Malaysian Ringgit currency.When you register for the Service, you will have the option to pre-set a default “tip” amount of your choosing in relation to payments to transportation providers. In the case of transportation usage, this will automatically be added to the amount payable at the end of each journey and given to the third-party transportation provider unless you choose to override it with a different tip amount or to remove the tip.
  • The Company has the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.
  • You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
  • When you make or receive a payment, you are liable to the Company for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason including but not limited to claims, chargebacks, or if there is a reversal of the payment. You agree to allow the Company to determine (or in the case where a credit card is used as the Funding Source, to work with your credit card issuer) to determine the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to the Company by debiting your credit card.
  • You shall be responsible to resolve any disputes with your credit card company on your own.
  • You are responsible for all losses, reversals, fees, claims, penalties or chargebacks, incurred by you or the Company, another user, or a third party caused by or arising out of your breach of this Agreement, damage to or loss of your mobile device, the authorized use of your account by a third party and/or your use of the Service, and where such are borne by the Company, another user, or a third party you agree to reimburse the same for any and all such liability.
  • You are not responsible for such losses, reversals, fee, claim, penalty or chargebacks resulting from the Service malfunctioning, the unauthorized use of your credit card, fraudulent transactions through your credit card or the illegal use of credit card.

4. Representations and Warranties

  • By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate.
  • Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or User status, and you may not assign or otherwise transfer your User account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in Malaysia or otherwise in the country, state and city in which you are present while using the Service.
  • You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
  • By using the Software or the Application, you agree that:
    • You will only use the Service for lawful purposes;
    • You will only use the Service for the purpose for which it is intended to be used;
    • You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
    • You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
    • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
    • You will not impair the proper operation of the network;
    • You shall not intentionally or unintentionally cause or attempt to cause damage to the third-party transportation provider;
    • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
    • You will not copy, or distribute the Software or other content without written permission from the Company;
    • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
    • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
    • You will provide the Company with proof of identity as it may reasonably request or require;
    • You acknowledge and agree that only one (1) account can be registered on one mobile phone or other electronic device operating the Application;
    • You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
    • You will only use an access point or device which you are authorized to use to access the QR Code or credit card;
    • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers;
    • You agree that the Service is provided on a reasonable effort basis; and
    • You agree to abide by the terms of the Acceptable Use Policy (below) in relation to your use of the Service.

8. Acceptable Use Policy

  • You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any third party as a result of any breach of the Terms of Use.
  • You agree not to use the Service in such a manner that you violate any law, statute, ordinance or regulation.
  • Save as permitted by the Company but subject always to applicable laws and regulations, you agree not to perform transactions using the QR Code or credit card involving:
    • Adult media depicting or related to illegal activity such as child pornography, rape, incest, etc.
    • Airlines of all kind including but not limited to regular commercial airlines, low-cost carriers, charter and flight tour operators, private jets and helicopter taxi.
    • Alcoholic products and beverages.
    • Any goods or services promoting hate, violence, harm or intolerance in any form.
    • Any goods or services subject to UN Security Council’s sanctions.
    • Automotive sales (new and used motor vehicles of any kind).
    • certain credit repair, debt settlement services, credit transactions or insurance activities;
    • Branded, trademarked or copyrighted goods of any kind unless the seller is the intellectual property / copyright holder or licensee.
    • Circumvention services, devices or software used to circumvent the law or remove copyright protections.
    • Computer technical support and IT help desks.
    • Crowd sourcing and crowd financing businesses, lending clubs, offering equity or rewards of any kind.
    • Cryptocurrency, Bitcoin, online currency, gaming coins, online gold and similar virtual assets.
    • Deceptive business practices such as Ponzi / pyramid schemes, multi-level marketing, guaranteed results, investment or trading courses and services.
    • Essay mills, paper mills and homework services.
    • Event organizers, sale/resale of tickets, event planning and related services.
    • File sharing and related services.
    • Financial services of any kind, such as lending, micro lending, investment schemes, escrow, collection agencies, bail bond services, debt collectors, credit aggregation, consolidation services, credit card protection and similar services.
    • Flammable, explosive, pyrotechnic, toxic and hazardous materials including but not limited to fireworks, explosives, radioactive materials and substances, gunpowder.
    • Foreign government entities including but not limited to embassies and consulates.
    • Fortune tellers, astrology, card reading, tarot, hypnosis and similar services.
    • Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as gambling) and sweepstakes;
    • Government, law enforcement and military issued items including but not limited to uniforms, badges, decorations, unless historical and/or clearly not genuine or official (e.g. toys).
    • Healthcare, pharmaceuticals, supplements, nutritional products of any kind, medical supplies of any kind.
    • Hotels and accommodation services of any kind (such as hostels, apartments, serviced apartments, motels, resorts, villas).
    • Human parts of any kind, including but not limited to organs, body parts, human remains, body fluids, stem cells, embryos.
    • Illegal drugs, tobacco or health products. Substances designed to mimic the effects thereof. Related accessories and products used to create or consume them such as bongs, hookahs and similar devices.
    • Items that encourage, promote, facilitate or instruct others to engage in illegal activity;
    • Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of Malaysia or any jurisdiction;
    • Jewelry, gems, stones and precious metals.
    • Legal and tax consultancy, bankruptcy and any similar services.
    • Money service businesses such as remittance, transfer, money orders, prepaid gift cards, stored value facilities, quasi-cash, foreign exchange of currencies and similar services.
    • Narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
    • No-value-added services of any kind, including but not limited to resale of government offerings without authorization or added value, services that are unfair, deceptive, or predatory towards consumers.
    • Offering or receiving payments for the purpose of bribery or corruption; or
    • Oil and gas, petroleum and derived products.
    • Political, religious, spiritual, charitable and non-profit organizations of any kind.
    • Prepaid phone cards, phone services, and cell phones.
    • Private medical practices and e-doctors.
    • Products of wildlife trafficking, illegal hunting and poaching of endangered species such as marine mammals, shark fins, rhino horns, ivory, deer musk, bear bile, tiger penis, and any similar products.
    • Property sharing, timeshares, house-swapping, sub-letting, bed & breakfast and similar businesses.
    • Sale of animals or pets of any kind.
    • Sale of social media activity, click farms including but not limited to sale of Facebook likes, Twitter followers, YouTube views.
    • Sexually oriented materials or services.
    • Spas, relaxation and massage services.
    • Stolen goods including unlawfully acquired or copied digital and virtual goods.
    • Subscriptions, memberships, free trials and any similar business models where a purchase is conditioned by a subscription.
    • The personal information of third parties in violation of Malaysian law.
    • The sale of traveler’s cheques or money orders.
    • The sales of products or services identified by Malaysian government agencies to have a high likelihood of being fraudulent or to be being transacted by the User in violation of Malaysian law.
    • Tobacco products, cigarettes, cigars, electronic cigarettes and related products (such as spare parts and recharges).
    • Unlicensed travel agents.
    • Weapons of any kind including firearms, ammunition, knives, nunchakus and related products, parts or accessories thereof. Weapons or knives regulated under Malaysian law. Toys, gift and replicas of any kind resembling closely any of such items.

9. Taxes

  • You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.
  • You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
  • You agree that details of your Lucky account and all transactions thereunder may be provided on request to any tax authorities either in Malaysia or overseas where the purpose of such request is the lawful payment of tax obligations and/or the identification of assets for taxation.

10. License Grant & Restrictions

  • The Company is a licensee of Lucky Car Sdn Bhd (Company No. 123 and having its registered address at Scott Garden) for the Application.
  • The Company, its affiliates and its licensors including Lucky Car Sdn Bhd, where applicable hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.
  • You hereby agree that you shall not:
    • license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
    • modify or make derivative works based on the Application and/or the Software;
    • create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device;
    • reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software;
    • launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software;
    • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
    • post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
    • operate the Application and/or the Software on jailbroken or rooted mobile devices; or
    • remove any copyright, trademark or other proprietary rights notices contained in the Service.
  • You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to:
    • send spam or otherwise duplicative or unsolicited messages;
    • send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;
    • send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
    • interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein;
    • attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks;
    • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
    • to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

11. Intellectual Property Ownership

  • The Company and its affiliates, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
  • These Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors.
  • The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the third-party merchants or transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company and/or its affiliates, and no right or license is granted to use them.
  • For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

12. Data Privacy & Personal Data Protection

  • You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.
  • For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company.
  • The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
  • The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purposes”):
    • to perform the Company’s obligations in respect of any contract entered with you;
    • to provide you with any services pursuant to the Terms of Use herein;
    • process, manage or verify your application for the Service pursuant to the Terms of Use herein;
    • to validate and/or process payments pursuant to the Terms of Use herein;
    • to process any refunds, rebates and or charges pursuant to the Terms of Use herein;
    • to facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
    • to develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
    • for internal administrative purposes, such as auditing, data analysis, database records;
    • for purposes of detection, prevention and prosecution of crime;
    • for the Company to comply with its obligations under law or regulations (whether in Malaysia or overseas including disclosing such Personal Data to Malaysian and overseas law enforcement agencies or courts);
    • to respond to questions, comments and feedback from you.
  • In addition to the above, the Company may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”):
    • to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
    • to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
    • to notify and invite you to events or activities organized by the Company, its partners, advertisers, and or sponsors; and/or
    • to share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
  • If you do not consent to the Company processing your Personal Data for any of the Marketing Purposes, please notify the company by calling 123.
  • If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account or withdraw your permission to receive communications for Marketing Purposes, please update your details by sending your request to the support contact details at the following messaging service: https://lucky.com/hc/ms
  • The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
  • The Company reserves the right to transfer your Personal Data to its affiliates and outsourcees (whether in Malaysia or overseas) for the purpose of the use of such data in the operations of the Designated Payments Instrument or the IBS Services (as defined below) that are provided to the Company by such affiliates or outsourcees.
  • The Company is committed to full compliance with the provisions of the Personal Data Protection Act 2010 and has appointed a Personal Data Protection Officer for these purposes. Should you wish to request access to your personal data, or if you have any inquiries or complaints in respect of our processing of your personal data, such officer may be communicated with in writing at the above messaging service address or by calling 123.
  • A copy of Lucky’s full Privacy Policy is available in English and Bahasa Melayu at the following link: https://www.lucky.com/privacy-legal/

13. Third Party Interactions

  • During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application.
  • Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party.
  • The Company and its affiliates and licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party.
  • The Company does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third-party providers.
  • The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third-party merchants or transportation providers, goods and/or services may require your agreement to additional or different Terms of Use prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party providers.

14. Indemnification

  • By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:
    • your use of the Service, the Software and/or the Application in your dealings with the third-party merchants, transportation providers, third party providers, partners, advertisers and/or sponsors;
    • your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein;
    • your violation of any rights of any third party;
    • your misuse of the Service, the Software and/or the Application.

15. Limitation of Liability

  • The Company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accurate or completeness of the Service, the Application and/or the Software.
  • The Company does not represent or warrant that:
    • The use of the Service, the Application and/or the Software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
    • The Service and/or Rewards will meet your requirements or expectations;
    • Any stored data will be accurate or reliable;
    • The quality of any products, services, information, rewards or another material purchased or obtained by you through the Application will meet your requirements or expectations;
    • Errors or defects in the Application and/or the Software will be corrected; or
    • The Application or the Server that make the application available are free of viruses or other harmful components.
  • The Service and Rewards are provided to you strictly on an “as is” basis.
  • All conditions, representations and warranties, whether express, implied, statutory or other, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are here excluded and disclaimed to the highest and maximum extent allowed under Malaysian law.
  • The Service, the Application and/or the Software may be subject to limitations, delays and other problems inherent in the use the internet and electronic communications including the device used by you or other QR Code Users being faulty, not connected, out of range of mobile signals or functioning incorrectly. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
  • To the fullest extent permitted by law, the Company shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with you use of the Service, the Application and/or the Software.

16. Termination

  • Either the Company or you may terminate this Agreement on one month’s notice in writing to the other.
  • You hereby agree that this Agreement shall terminate immediately in the event that you are:
    • declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration;
    • found in default of your debt obligations to a licensed bank by a Malaysian court;
    • deceased; or
    • found to be in breach of any of the terms stipulated in this Agreement.
  • In the event of any of the above, the Company reserves the right to deal with any such trustee, executive or representative of the Malaysian courts as in its sole discretion is considers appropriate in relation to the administration of any outstanding balance of payments.

17. Complaints about use of the Service

  • Users are invited to contact the Company in the first instance in the event they wish to make a complaint about the use of the Service either via the following Customer Service line: Tel: 123 or via the following messaging service: https://lucky.com/hc/ms
  • The Company wishes to make users aware of the Bank Negara Malaysia BNMLINK and TELELINK services concerning complaints and redress about the conduct and activities of regulated entities, including issuers of Designated Payment Instruments such as the Company. The Company is committed to full cooperation with the BNMLINK and TELELINK services and encourages users to make full use of these services should they wish to do so. Details of the BNMLINK and TELELINK services can be accessed at the following link: http://www.bnm.gov.my/?ch=en_complaint_redress
  • You agree to raise any complaints and disputes about incorrect Service within one month of the transaction, or of you becoming aware of the fraudulent usage of the payment, whichever is earlier.
  • Notwithstanding the other provisions of these Terms of Use, the Company is a member of the Financial Ombudsman Scheme approved by Bank Negara Malaysia. The operator approved to operate the scheme is the Ombudsman for Financial Services (OFS), an independent alternative dispute resolution channel covering eligible Malaysia customers. OFS services are provided free of charge to eligible complainants who may be dissatisfied with the Company’s resolution of any dispute. For more information on the timeframe to file the dispute and the types of award that may be granted by OFS, please visit ofs.org.my.

18. Notices

  • The Company may give notice by means of a general notice on the Application, or by electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email).
  • You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

19. Assignment

  • This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company.
  • Any purported assignment by you in violation of this section shall be void.

20. General

  • This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
  • No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the Terms of Use or use of the Service.
  • If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
  • The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

21. LuckyRewards Loyalty Programme

  • By using the Application, you will automatically be a member of the loyalty programme named “LuckyRewards Loyalty Programme” operated by the Company and/or its Affiliates (“LuckyRewards Loyalty Programme”, or as the context requires, the “Programme”).
  • Upon a successful registration for a Lucky account, all Lucky Users shall automatically be accorded with “LuckyRewards Member” status and may commence accumulating LuckyRewards points (“Points”) from qualifying transactions under the Programme. The LuckyRewards Loyalty Programme membership is non-transferable and shall be for personal use of the Lucky User only.
  • As a member of the LuckyRewards Loyalty Programme, you will gain access to the e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits offered by the Company and/or third-party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”). The Company may, at its sole and absolute discretion, award you Points which can be used to redeem for Rewards upon the completion of the qualifying transactions. You may earn points by such methods as are provided for by the Company from time to time.
  • The Company may, at its sole and absolute discretion, increase or decrease the rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from the Company any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.
  • Points accumulated by the Member shall expire in the event the Member does not earn any points within the timeframe stipulated for your country. The timeframe may differ in different geographical locations. In such an event, the accumulated Points shall be automatically forfeited at the absolute discretion of Lucky and without notice to the Member. Forfeited Points cannot be reinstated.
  • You must use your Points earned to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Points. The Company shall have the right to deal with the expired Points in such manner as it deems fit in its absolute discretion. You agree that you will have no claim whatsoever against the Company for any expired Points.
  • Partnership Programmes: The Company may periodically offer conversion of points to the points systems of partner rewards programmes, subject to the following:
    • Upon completion of the points conversion transaction under such conversion, reversal of the conversion of points is not possible.
    • The Company accepts no responsibility for errors in the crediting of points subject to such conversions, other than in relation to errors resulting from its own negligence.
  • The conversion of points from the LuckyRewards Loyalty Programme to points under partner programme(s) is subjected to the partner’s terms and conditions. Once converted into partner programme points, the converted points are also subject to the partner’s terms and conditions
  • Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • If you comply with all these Terms of Use and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of the Company or the third-party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
  • You must use your e-vouchers redeemed during their applicable validity period. There shall be no extension of time for the validity period of any e-voucher redemption dates. You agree that you will have no claim whatsoever against the Company for any expired e-vouchers.
  • Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.
  • The Company may at its sole and absolute discretion reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward, or where the Reward is no longer made available or out-of-stock by the third party merchant, or where the Points you wish to use for redemption of Rewards have been issued to you in error.
  • You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as a conclusive evidence of the same.
  • The LuckyRewards Loyalty Programme offers four (4) membership tiers as follows:
    • an entry membership tier known as “Member”;
    • a basic membership tier known as “Silver”;
    • a mid-level membership tier known as “Gold”; and
    • a premier membership tier known as “Platinum”.
  • Certain Points earnt under the LuckyRewards Loyalty Programme shall be designated as “Qualifying Points”. Such Qualifying Points shall exclude Points issued by designated marketing campaigns, refunds, appeasements and such other events to be determined by Lucky in its sole discretion.
  • Qualifying Points earned between 1 January to 30 June in a calendar year shall qualify you for the applicable membership tier from 1 July to 31 December of that calendar year.
  • Qualifying Points earned between 1 July to 31 December in a calendar year shall qualify you for the applicable membership tier from 1 January to 30 June of the next calendar year.
  • Upon expiration of your membership tenure in a particular tier and if you have not earned sufficient Qualifying Points to be retained in that tier, you shall be downgraded to the next relevant membership tier.
  • The benefits and privileges of each membership tier shall be as set out from time to time in the Application.
  • If you do not wish to be a member of the LuckyRewards Loyalty Programme, you may do so by opting out though the Application.
  • Upon your cessation to be a member of the LuckyRewards Loyalty Programme, all then outstanding Points at such point of time shall be automatically cancelled. Points should be redeemed before ceasing membership as once cancelled, Points cannot be redeemed. No accumulation or carry over of Points will be permitted even if you subsequently reinstate your membership.
  • The Company reserves the right to hold the issuance of Points earned until the transaction, including payment, are completed. Points earned from purchases from Partners will only be issued if the good(s) and service(s) purchased are not returned, cancelled or refunded.
  • Fraud, abuse of redemptions or any dishonest activities related to the LuckyRewards Loyalty Programme may result in the forfeiture of accumulated Points as well as, demotion of your membership tier, cancellation of your membership in the LuckyRewards Loyalty Programme or termination of your account.
  • To the extent as permitted by applicable laws, the Company reserves the right at any time to:
    • vary, modify or amend the terms and conditions of the LuckyRewards Loyalty Programme (including adding or deleting any terms);
    • terminate or modify the LuckyRewards Loyalty Programme;
    • revoke, adjust and/or recalculate any Points awarded;
    • change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
    • change the number of Points that can be earned on spendings on qualifying transportation services;
    • modify the qualifications and eligibility for earning Points;
    • modify the activities that earn Points;
    • modify the methods used to calculate the number of Points to be awarded;
    • withhold or cease the awarding of Points to you;
    • modify the qualifying Points or other criteria for membership tier upgrades and renewals; and
    • change or withdraw any benefits related to a particular membership tier; and/or
    • change the duration taken for Points to expire.

without prior notice to you and at its sole discretion.

  • The Company may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.
  • You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.