Terms & Conditions
Definitions
  • "Agreement" The acceptance of the terms and conditions by the Applicant.
  • "Application Form" The Application Form for the Photocard.
  • "Image" Means any form of pictures or photos chosen by the Applicant to be printed on the Photocard.
  • "Photocard" Touch 'n Go Photocard.
  • "TNGSB" Touch 'n Go Sdn Bhd.
Terms and Conditions
  • Guidelines on Image (s) and logo
    TNGSB will not accept the following:
    • Images that contain trademarks, logos, slogans, company names, get up, copyrighted materials of any third party;
    • Any form of image(s) or logo which may be misleading to the public or misrepresenting that the holder of the Photocard is a member of any governmental authorities and/or agencies, for example Police Di Raja Malaysia (PDRM);
    • Images that contain advertising and promotional material, or branded products;
    • Professional photographs, or photographs including celebrities, actors, musicians, athletes or public figures save and except where the photographs were taken together with the Applicant with their consent;
    • Any images that contain cartoons, anime character, video games character or video games avatar;
    • Images that contain phone numbers, addresses, URL addresses, account or PIN numbers;
    • Images that contain provocative, lewd or sexual content;
    • Images that contain violent or other offensive, obscene or indecent material;
    • Images containing blood, gore or injury or images of a graphic nature that could be considered disturbing;
    • Images containing nudity or semi-nudity;
    • Images containing bigotry, racism, hatred, profanity or obscenities;
    • Images containing alcohol, tobacco, gambling, firearms or pharmaceutical products;
    • Images that show illegal or anti-social behaviour;
    • Culturally or socially insensitive images;
    • Images that display the opinions or beliefs of political groups, religious groups or socially unacceptable groups;
    • Images that contain libelous or defamatory content, or content which is otherwise in violation of any rules, regulations or law to which the images are subject; or
    • Any references to the Olympic Games or events;
  • Representation and warranties
    • The Applicant is the rightful and legal owner of any images(s) produced and submitted to TNGSB.
    • The Applicant shall obtain all relevant express consent, license and/or authorization to use/publish any images(s) submitted to TNGSB.
    • The Applicant shall produce evidence of such consent authorization or ownership for the usage of any image(s) if required by TNGSB.
    • The use and reproduction of the image by TNGSB onto the Photocard will not infringe any other person's rights, including intellectual property rights in the image.
    • The use and reproduction of the image by TNGSB onto the Photocard does not contain libelous or defamatory content.
    • The Applicant shall not violate TNGSB's proprietary, intellectual property or any other rights in the use of the Photocard.
    • The Applicant shall not resell the Photocard to any third party.
    • The Applicant shall not represent himself/herself as being TNGSB's agent or representative in any manner whatsoever
  • Indemnification
    • The Applicant agrees during and upon termination of this Agreement, to indemnify and hold harmless TNGSB from and against any and all claims, loss, damage, liability, costs and expenses incurred by TNGSB as a result of any violation of any 3rd party privacy, infringement of proprietary and/or intellectual property rights and/or any defamation of 3rd party's reputation arising from the use / publication of any image / logo submitted by Applicant under this Agreement.
  • Miscellaneous
    • TNGSB reserves the right to reject any image(s) submitted by Applicant under this Agreement for any reasons whatsoever without assigning any reason.
    • TNGSB shall not be liable to the Applicant in respect of any loss incurred by Applicant (directly or indirectly) arising out of the quality of any image produced by TNGSB under this Agreement.
    • If the Applicant requires printing of a new image, a fresh Application Form shall be submitted whereby such application shall be considered as a new card purchase subject to identical or additional terms and conditions specified by TNGSB from time to time.
    • If for any reason the Photocard becomes expired, damaged, Faulty or dormant rendering Photocard unusable, TNGSB shall be under no obligation to replace such card.
    • Notification of approval of use of image submitted shall not constitute approval of the application for the card, TNGSB reserves the right at any time and at its sole discretion, to reject any application for Photocard without assigning any reason.
    • TNGSB shall have the right to block the usage of any Photocard which has been found to be not in compliance with the guidelines as set out in Clause 2.1 above notwithstanding that such Photocard has already been issued by TNGSB.
    • TNGSB shall retain the absolute right to amend, vary or add any terms or conditions and Applicant continued use of Photocard shall be construed as acceptance of amendment / variation of terms / conditions.
    • The aforesaid Terms and conditions are in addition to and not in derogation of the Primary Terms & Condition. In case of any inconsistency between these terms and conditions and the Primary Terms & Conditions, these terms and conditions shall prevail to the extent of such inconsistency. The Applicant is advised to refer to the Primary Terms & Conditions from TNGSB website at www.touchngo.com.my