1. Introduction
These Terms of Service (“Terms”, “Terms of Service”) govern your use of
our website located at www.pcari.my (together or individually “Service”)
operated by RF Infinite Sdn Bhd. Our Privacy Policy also governs your use
of our Service and explains how we collect, safeguard and disclose
information that results from your use of our web pages. Your agreement
with us includes these Terms and our Privacy Policy (“Agreements”). You
acknowledge that you have read and understood Agreements, and agree to be
bound by them.
If you do not agree with (or cannot comply
with) Agreements, then you may not use the Service, but please let us know
by emailing at
support@pcari.my so
we can try to find a solution. These Terms apply to all visitors, users
and others who wish to access or use Service.
2. Communications
By using our Service, you may opt to subscribe to newsletters, marketing,
or promotional materials. Users can unsubscribe at any time by following
the unsubscribe link provided in our communications or by contacting
support@pcari.my.
3.Purchases
If you wish to purchase any product or service made available through
Service (“Purchase”), you may be asked to supply certain information
relevant to your Purchase including but not limited to, your credit or
debit card number, the expiration date of your card, and your billing
address. You represent and warrant that: (i) you have the legal right to
use any card(s) or other payment method(s) in connection with any
Purchase; and that (ii) the information you supply to us is true, correct
and complete. We may employ the use of third party services for the
purpose of facilitating payment and the completion of Purchases. By
submitting your information, you grant us the right to provide the
information to these third parties subject to our Privacy Policy. We
reserve the right to refuse or cancel your order at any time for reasons
including but not limited to: product or service availability, errors in
the description or price of the product or service, error in your order or
other reasons. We reserve the right to refuse or cancel your purchase if
fraud or an unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”)
made available through Service may be governed by rules that are separate
from these Terms of Service. If you participate in any Promotions, please
review the applicable rules as well as our Privacy Policy. If the rules
for a Promotion conflict with these Terms of Service, Promotion rules will
apply.
5. Refunds
Refunds for token purchases are available within 30 days of the original
transaction. Users must request refunds by contacting
support@pcari.my, subject to
verification and approval. Refund policies are governed by applicable
laws.
6. Content
Our Service allows you to post, link, store, share and
otherwise make available certain information, text, graphics, videos, or
other material (“Content”). You are responsible for Content that you post
on or through Service, including its legality, reliability, and
appropriateness. By posting Content on or through Service, You represent
and warrant that:
(i) Content is yours (you own it) and/or you have the right to use it and
the right to grant us the rights and license as provided in these Terms,
and (ii) that the posting of your Content on or through Service does not
violate the privacy rights, publicity rights, copyrights, contract rights
or any other rights of any person or entity. We reserve the right to
terminate the account of anyone found to be infringing on a copyright. You
retain any and all of your rights to any Content you submit, post or
display on or through Service and you are responsible for protecting those
rights. We take no responsibility and assume no liability for Content you
or any third party posts on or through Service. However, by posting
Content using Service you grant us the right and license to use, modify,
publicly perform, publicly display, reproduce, and distribute such Content
on and through Service. You agree that this license includes the right for
us to make your Content available to other users of Service, who may also
use your Content subject to these Terms. RF Infinite Sdn Bhd has the right
but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of
RF Infinite Sdn Bhd or used with permission. You may not distribute,
modify, transmit, reuse, download, repost, copy, or use said Content,
whether in whole or in part, for commercial purposes or for personal gain,
without express advance written permission from us.
7. Prohibited Uses
You may use Service only for lawful
purposes and in accordance with Terms. You agree not to use
Service:
7.1. In any way that violates any applicable national or international law
or regulation.
7.2. For the purpose of exploiting, harming, or attempting to exploit or
harm minors in any way by exposing them to inappropriate content or
otherwise.
7.3. To transmit, or procure the sending of, any advertising or
promotional material, including any “junk mail”, “chain letter,” “spam,”
or any other similar solicitation.
7.4. To impersonate or attempt to impersonate Company, a Company employee,
another user, or
any other person or entity.
7.5. In any way that infringes upon the rights of others, or in any way is
illegal, threatening,fraudulent, or harmful, or in connection with any
unlawful, illegal, fraudulent, or harmful purpose or activity.
7.6. To engage in any other conduct that restricts or inhibits anyone’s
use or enjoyment of Service, or which, as determined by us, may harm or
offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
7.1. Use Service in any manner that could disable, overburden,
damage, or impair Service or
interfere with any other party’s use of
Service, including their ability to engage in real time activities
through Service.
7.2. Use any robot, spider, or other
automatic device, process, or means to access Service for any
purpose, including monitoring or copying any of the material on
Service.
7.3. Use any manual process to monitor or copy any of the
material on Service or for any other
unauthorized purpose without
our prior written consent.
7.4. Use any device, software, or routine that interferes with the proper
working of Service.
7.5. Introduce any viruses, trojan horses, worms, logic bombs, or other
material which is malicious or technologically harmful.
7.6. Attempt to gain unauthorized access to, interfere with, damage, or
disrupt any parts of Service, the server on which Service is stored, or
any server, computer, or database connected to
Service.
7.7. Attack Service via a denial-of-service attack or a distributed
denial-of-service attack.
7.8. Take any action that may damage or falsify Company ratings.
7.9. Otherwise attempt to interfere with the proper working of Service.
8. Analytics
We may use third-party Service
Providers to monitor and analyze the use of our Service.
9. No Use By Minors
Service is intended only for access and use by individuals at
least eighteen (18) years old. By accessing or using Service, you warrant
and represent that you are at least eighteen (18) years of age and with
the full authority, right, and capacity to enter into this agreement and
abide by all of the terms and conditions of Terms. If you are not at least
eighteen (18) years old, you are prohibited from both the access and usage
of Service.
10. Accounts
When you create an account with us, you guarantee that you are above the
age of 18, and that the information you provide us is accurate, complete,
and current at all times. Inaccurate, incomplete, or obsolete information
may result in the immediate termination of your account on Service. You
are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and
all activities or actions that occur under your account and/or password,
whether your password is with our Service or a third-party service. You
must notify us immediately upon becoming aware of any breach of security
or unauthorized use of your account. You may not use as a username the
name of another person or entity or that is not lawfully available for
use, a name or trademark that is subject to any rights of another person
or entity other than you, without appropriate authorization. You may not
use as a username any name that is offensive, vulgar or obscene. We
reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders at our sole discretion.
11. Intellectual Property
Service and its original content (excluding Content provided by users),
features and functionality are and will remain the exclusive property of
RF Infinite Sdn Bhd and its licensors. Service is protected by copyright,
trademark, and other laws of and foreign countries. Our trademarks may not
be used in connection with any product or service without the prior
written consent of RF Infinite Sdn Bhd.
12. Copyright Policy
We respect the intellectual property rights of others. It is our policy to
respond to any claim that Content posted on Service infringes on the
copyright or other intellectual property rights (“Infringement”) of any
person or entity. If you are a copyright owner, or authorized on behalf of
one, and you believe that the copyrighted work has been copied in a way
that constitutes copyright infringement, please submit your claim via
email to
support@pcari.my, with the
subject line: “Copyright Infringement” and include in your claim a
detailed description of the alleged Infringement as detailed below, under
“Procedure for Copyright Infringement Claims” You may be held accountable
for damages (including costs and attorneys’ fees) for misrepresentation or
bad-faith claims on the infringement of any Content found on and/or
through Service on your copyright.
13. Procedure for Copyright Infringement Claims
You may submit a notification pursuant to MYIPO by providing our Copyright
Agent with the following information in writing:
13.1. anelectronic or physical signature of the person
authorized to act on behalf of the owner of
the copyright’s
interest;
13.2. a description of the copyrighted work that you claim has been
infringed, including the URL (i.e., web page address) of the location
where the copyrighted work exists or a copy of the copyrighted work;
13.3. identification of the URL or other specific location on
Service where the material that you
claim is infringing is located;
13.4. your address, telephone number, and email address;
13.5. a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law;
13.6. a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s behalf. You
can contact our Copyright Agent via email at
support@pcari.my.
14. Error Reporting and Feedback
You may provide us either directly at
support@pcari.my or via third party
sites and tools with information and feedback concerning errors,
suggestions for improvements, ideas, problems, complaints, and other
matters related to our Service (“Feedback”). You acknowledge and agree
that: (i) you shall not retain, acquire or assert any intellectual
property right or other right, title or interest in or to the Feedback;
(ii) Company may have development ideas similar to the Feedback; (iii)
Feedback does not contain confidential information or proprietary
information from you or any third party; and (iv) Company is not under any
obligation of confidentiality with respect to the Feedback. In the event
the transfer of the ownership to the Feedback is not possible due to
applicable mandatory laws, you grant Company and its affiliates an
exclusive, transferable, irrevocable, free-of-charge, sub-licensable,
unlimited and perpetual right to use (including copy, modify, create
derivative works, publish, distribute and commercialize) Feedback in any
manner
and for any purpose.
15. Links To Other Websites
Our Service may contain links to third party web sites or services that
are not owned or controlled by RF Infinite Sdn Bhd. RF Infinite Sdn Bhd
has no control over, and assumes no responsibility for the content,
privacy policies, or practices of any third party web sites or services.
We do not warrant the offerings of any of these entities/individuals or
their websites. You acknowledge and agree that the company shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any such
third party web sites or services. We strongly advise you to read the
terms of service and privacy policies of any third party web sites or
services that you visit.
16. Disclaimer Of Warranty
These services are provided by the company on an “as is” and “as
available” basis. Company makes no representations or warranties of any
kind, express or implied, as to the operation of their services, or the
information, content or materials included therein. You expressly agree
that your use of these services, their content, and any services or items
obtained from us is at your sole risk. Neither company nor any person
associated with the company makes any warranty or representation with
respect to the completeness, security, reliability, quality, accuracy, or
availability of the services. Without limiting the foregoing, neither
company nor anyone associated with company represents or warrants that the
services, their content, or any services or items obtained through the
services will be accurate, reliable, error-free, or uninterrupted, that
defects will be corrected, that the services or the server that makes it
available are free of viruses or other harmful components or that the
services or any services or items obtained through the services will
otherwise meet your needs or expectations. Company hereby disclaims all
warranties of any kind, whether express or implied, statutory, or
otherwise, including but not limited to any warranties of merchantability,
non-infringement, and fitness for particular purpose. The foregoing does
not affect any warranties which cannot be excluded or limited under
applicable law.
17. Limitation Of Liability
Except as prohibited by law, you will hold us and our officers, directors,
employees, and agents harmless for any indirect, punitive, special,
incidental, or consequential damage, however it arises (including
attorneys’ fees and all related costs and expenses of litigation and
arbitration, or at trial or on appeal, if any, whether or not litigation
or arbitration is instituted), whether in an action of contract,
negligence, or other tortious action, or arising out of or in connection
with this agreement, including without limitation any claim for personal
injury or property damage, arising from this agreement and any violation
by you of any federal, state, or local laws, statutes, rules, or
regulations, even if company has been previously advised of the
possibility of such damage. Except as prohibited by law, if there is
liability found on the part of company, it will be limited to the amount
paid for the products and/or services, and under no circumstances will
there be consequential or punitive damages. Some states do not allow the
exclusion or limitation of punitive, incidental or consequential damages,
so the prior limitation or exclusion may not apply to you.
18.Termination
We may terminate or suspend your account and bar access to Service
immediately, without prior notice or liability, under our sole discretion,
for any reason whatsoever and without limitation, including but not
limited to a breach of Terms. If you wish to terminate your account, you
may simply discontinue using Service. All provisions of Terms which by
their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
19. Governing Law
These Terms shall be governed and construed in accordance with the laws of
Malaysia, which governing law applies to agreement without regard to its
conflict of law provisions. Our failure to enforce any right or provision
of these Terms will not be considered a waiver of those rights. If any
provision of these Terms is held to be invalid or unenforceable by a
court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our
Service and supersede and replace any prior agreements we might have had
between us regarding Service.
20. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or
material we provide via Service, in our sole discretion without notice. We
will not be liable if for any reason all or any part of Service is
unavailable at any time or for any period. From time to time, we may
restrict access to some parts of Service, or the entire Service, to users,
including registered users.
21. Fees & Charges
21.1. PCARI.MY SHOPPING
21.1.1 Sellers will be charged RM0.53 or 1.8% of the product price,
whichever is higher, for each product sold. This fee covers:
● Platform maintenance
● Operational costs
● Commission
● Marketing efforts
21.1.2 An additional processing fee
of 1.2% of the product price will be applied for each
transaction to cover penalties and/or damages incurred.
21.1.3 All fees are inclusive of SST.
21.2.
PCARI.MY PRELOVED
21.2.1 For Sellers
● No charges will be imposed on sellers.
21.2.2 For Buyers
● Buyers will be charged a transaction fee of RM1.06 for every
transaction.
● A platform fee of 1.8% of the product price will also apply.
21.2..3 All fees are inclusive of SST.
21.3
PCARI.MY GIGS
21.3.1 For Giggers
● Pcari.my will
impose a 5% service fee on the total service price for each completed
transaction.
● This fee is intended to cover the
maintenance and marketing of the Pcari.my platform.
21.3.2 For
Hirers
● Pcari.my will charge RM2 or 5% of the total service price, whichever is
higher, for each
completed transaction.
● By
utilizing the hiring service, the Hirer acknowledges and agrees to these
terms and
conditions.
21.3.3 All fees are
inclusive of SST.
21.4 PCARI.MY CONNECT
21.4.1
Star System Definitions
21.4.1.1 Green Star:
●
Green Stars have an expiry date and are subject to validity periods
defined within the
platform.
● Green Stars can be
purchased via available packages with a 5% service fee applied,
similar to Pcari.my Gigs transactions.
21.4.1.2
Grey Star:
● Grey Stars do not have an expiry date.
● Grey Stars can be obtained from verified accounts, contributions,
and subscriptions.
21.4.2 Charges and Usage
● When
purchasing Green Stars using coins, there will be no additional charges.
● A withdrawal fee of 0.07% will be applied to all withdrawals made
through the Pcari.my
platform.
21.4.3 Donation
Rules
21.4.3.1 When donating Green Stars to content creators,
the creators will receive coins instead
of Green Stars.
21.4.4 Conversion Rate
● 1 Green Star = 0.01 Coin
= RM0.01
● 1 Coin = RM1.00
21.5 PCARI.MY BOOKING
21.5.1 Promotion Types
21.5.1.1 Savercoins
(Clearance Sales)
● Merchants may offer limited-time clearance
sales to manage stock efficiently and reduce
food waste.
● Discounts provided under SaverCoins are applicable only during the
specified promotion
period set by the merchant.
21.5.1.2 Shop Points (Rebate)
● Merchants may
award Shop Points to users for every successful purchase made through
the app.
● Shop Points can only be redeemed for
future transactions within the app, subject to
merchant-defined conditions.
21.5.2 Coins and Points system
21.5.2.1 Shop Points
● Shop Points are awarded exclusively by participating
merchants.
● Redemption of Shop Points is limited to promotions or offers
available on the Pcari.my platform.
21.5.2.2 SaverCoins
● SaverCoins are used by merchants to set specific sales or
discounts on their products.
● SaverCoins cannot be transferred between accounts or converted
into cash.
21.5.2.3 Pcari Coins
● Pcari Coins are issued by Pcari.my and can be used across
the platform.
● Pcari Coins are not transferable and cannot be exchanged for cash.
21.5.3 Value Conversion
21.5.3.1 The value of Shop Points and SaverCoins is fixed at
RM 0.01 per point or coin.
21.5.3.2 The value of Pcari Coins remains equivalent to RM
0.01 unless otherwise stated.
21.5.4 Expiration Policy
21.5.3.1 Shop Points and SaverCoins have expiry dates, which
are determined by the issuing merchants.
21.5.3.2 Pcari Coins do not expire and remain valid for use
indefinitely.
21.5.5 Payment Rules
21.5.5.1 Users may combine Pcari Coins and Shop Points in a single payment
transaction, subject to the applicable promotion terms.
21.5.4.2 The applied value of each coin or point during a
transaction will depend on the promotion’s terms and conditions.
21.5.6 Platform Fees and Usage
21.5.6.1 Merchants are subject to a platform fee of 3.9% for
all transactions conducted through Pcari.my Booking.
21.5.6.2 Users making online payments via the Walk-In System
will incur a 2% processing fee. This fee does not apply to bookings,
dine-in, or delivery payments. No additional fees are charged for physical
payments (cash or card)
21.5.6.3 All fees are inclusive of SST.
21.5.5 General Terms
21.5.5.1 All promotions and rebates offered on Pcari.my
Booking are subject to the conditions set by participating merchants.
Pcari.my is not liable for disputes arising from merchants’ promotions but
reserves the right to mediate disputes to ensure fair user experiences.
21.5.5.2 Pcari.my reserves the right to modify or discontinue
any promotional offer without prior notice.
21.5.5.3 Users are responsible for keeping track of their
points and coins' expiry dates.
21.5.5.4 By participating in any promotion, users agree to the
above terms and conditions.
22. Amendments To Terms
We may amend Terms at any time by posting the amended terms on
this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms
means that you accept and agree to the changes. You are expected to check
this page frequently so you are aware of any changes, as they are binding
on you. By continuing to access or use our Service after any revisions
become effective, you agree to be bound by the revised terms. If you do
not agree to the new terms, you are no longer authorized to use Service.
23. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be
deemed a further or continuing waiver of such term or condition or a
waiver of any other term or condition, and any failure of Company to
assert a right or provision under Terms shall not constitute a waiver of
such right or provision. If any provision of Terms is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of Terms
will continue in full force and effect.
24. Acknowledgement
By using service or other
services provided by us, you acknowledge that you have read these terms of
service and agree to be bound by them.
25. Contact Us
Please send your feedback, comments to support by email:
support@pcari.my