Terms & Conditions
Definitions
  • "Application Form" means the form prescribed and designed by TNGSB filled by you.
  • "Card" means a smart card utilizing contactless technology and commonly described as the "Touch 'n Go Card".
  • "Card Transaction" means an electronic transaction generated using the Card at any of the Service Providers or Point of Sales to conduct the Services and Reload transaction.
  • "Credit Value" means the equivalent monetary value (excluding the Deposit), which can be used towards the Services.
  • "Date of Issue" means the date in which the Card is issued or deemed to have been issued.
  • "Deposit" means the sum, if any, specified by TNGSB from time to time as a condition for the issuance of the Card and is refundable at any point of time subject to compliance of the applicable terms and conditions of this Agreement.
  • "Expired" means in relation to the Card, a period of ten (10) years having elapsed from its Date of Issue.
  • "Invalidated Card" means a Card that cannot be utilized at any Service Provider or Point of Sale for Services.
  • "Issuer" means TNGSB or any other financial institution duly authorized by TNGSB. The list of the authorized financial institutions can be found in the website of TNGSB at http://www.touchngo.com.my.
  • "Outright Purchase Price" means the sum, if any, specified by TNGSB from time to time as a condition for the purchase of the Card, instead of the Deposit, and is not refundable.
  • "Point-Of-Sale" means a facility where the Card is sold and other customer support and services are rendered. The list of authorized Points of Sales are listed in the website of TNGSB at http://www.touchngo.com.my.
  • "Related Corporations" means the related corporations as defined under the Companies Act, 1965 and include their respective directors and employees.
  • "Reload" means the transaction of adding Credit Value to the Card conducted at any authorized Service Providers or Point of Sales.
  • "Service Provider" means a merchant, a seller or an organization, which has agreed to accept payments through the use of the Card for goods and / or services sold and / or provided. The lists of authorized Service Providers are listed in the website of TNGSB at http://www.touchngo.com.my.
  • "Services" means the Touch 'n Go services and supplemental or additional services in relation thereto to be facilitated and/or provided by TNGSB.
  • "TNGSB" means Touch 'n Go Sdn Bhd (Company No. 406400-X), a company incorporated in Malaysia and having its operational office at Unit G-2, Tower 6, Avenue 5, The Horizon, Bangsar South, No. 8, Jalan Kerinchi, 59200 Kuala Lumpur.
  • "Terms and Conditions" means these terms and conditions and the terms of services, policies and procedures as may be varied or modified from time to time at TNGSB's sole discretion.
  • "You" or "your" means you as the person to whom the Card has been issued for the purpose of using the Services in accordance with these Terms and Conditions.
Terms and Conditions
  • Definitions
    • Refer Item 1
  • Agreement
    • The Services are provided on "as is" and "as available" basis and TNGSB shall not be liable for and makes no express or implied representations or warranties of any kind in relation to the Services including but not limited to availability, accessibility and uninterrupted use of the Services.
  • Use of the card
    • The Card shall at all times be the exclusive property of TNGSB and you shall not transfer the Card to any other person without informing TNGSB in writing
    • TNGSB is under no obligation to replace or compensate you for your lost, stolen, damaged, faulty, cloned and/or any unauthorized Reload.
    • To obtain the Card, you shall complete the Application Form and submit at any Point-Of- Sales. If you are a recipient of a free or complimentary Card, you are advised to complete the Application Form as proof of ownership. This will facilitate refund should you wish to surrender the Card.
    • You must ensure the accuracy of the information given in the Application Form and keep TNGSB updated in writing as proof of notice of any changes in the particulars furnished.
    • You are responsible for the safekeeping and usage of the Card. You are required to use the Card in accordance with the procedures, instructions and guidelines set and prescribed by TNGSB from time to time and you shall not sell, damage, manipulate, copy, reverse-engineer or tamper with the Card nor do any act of modification to the Card.
    • You shall use all precautions to prevent the loss, theft, unauthorized use and/or cloning of the Card. In the event of loss, theft, unauthorized use and/or cloning of the Card, you shall immediately notify TNGSB in writing. Unauthorized use shall include conducting Reload transactions at unauthorized Service Providers, Point of Sales or persons. You shall remain liable for all loss and damage incurred by TNGSB in relation to the Card including all costs associated with its unauthorized use.
    • TNGSB and/or the Service Providers shall not honor any unauthorized use of the Cards and these Cards shall be invalidated by TNGSB.
    • TNGSB shall not refund the Deposit (if any) and the remaining Credit Value on cloned and invalidated cards as specified in Clause 2.3.6.
    • You are entitled to use the Card for Services at any of the authorized Service Providers and Point-of-Sales based on the remaining Credit Value of your Card.
    • TNGSB shall not be liable for any act, refusal and/or omission by Service Providers to accept the Card nor shall TNGSB be liable for any defect or deficiency in any of the Services provided by the Service Providers.
    • Your Card is valid at all times unless it is invalidated or cancelled pursuant to the terms and conditions of this Agreement.
    • TNGSB shall be entitled at its absolute discretion to cease, terminate or suspend the Services, as the case may be, without notice or compensation to you:
      • if any technical failure occurs in the Services network;
      • while the Services are being upgraded, modified or maintained;
      • if you breach any of these Terms and Conditions;
      • if you do anything which may in the opinion of TNGSB lead to the damage or injury to the Services;
      • if it is in TNGSB's opinion that the Services are or may be used fraudulently or for an unlawful purpose.
      • if the card has expired i.e. exceeded ten (10) years lifespan.
    • The maximum reload value of a card is only RM1,500.00 at any one time.
  • Lost and Stolen Card
    • Subject to Clauses 2.4.2 to 2.4.5 below, all lost or stolen cards may only be invalidated by TNGSB upon the:
      • Verbal (telephone) notification by the cardholder with TNGSB's authorized officer (“verbal notification”); followed by
      • Written notification addressed to TNGSB via letter and transmitted by hand/mail/fax (“written notification”);
    • Card invalidation shall be effective within twenty-four (24) hours of verbal notification by Cardholder stated in clause 2.4.1 above. Cardholder will remain liable for all Card transactions (including all costs associated with its unauthorized use) prior to actual card invalidation. Consequently, TNGSB shall not be responsible to refund any monies arising from use by any persons till the expiry of 24 hours from the date of Cardholder notification.
    • Upon satisfaction of clause 2.4.1 and 2.4.2 above, TNGSB shall:
      • Refund the Credit Value (less any applicable fees) within thirty (30) days of receipt of written notification specified in Clause 2.4.1(ii) above.
      • Retain the right to charge RM10.00 for the refund of any lost Card by deducting the amount (and any other fees applicable) from the Credit Value of the lost or stolen Card.
      • Retain the right not to entertain any claims of lost or stolen Card if the information given by you is deemed incomplete.
    • No Card may be invalidated or credit refund processed unless the last Card transaction occurred within a period of three (3) months prior to the date of written notification.
    • Credit Value refund of RM200 or above will only be processed by TNGSB upon production of a photocopy of the Cardholder’s NRIC.
  • Replacement Card
    • If a Card becomes faulty or damaged, you are required to bring the Card and complete a Complaint (AP) Form available at Touch ‘n Go Hubs, POS or Sales Counters at selected highways and light rail, monorail and/or KTM railway or commuter stations, in order to obtain a replacement Card. Touch ‘n Go may increase the locations of such Counters at its sole discretion.
    • The replacement Card will be issued within fifteen (15) working days from the date on the Complaint Form.
    • For Card purchased before implementation of Outright Purchase, TNGSB has the right to deduct deposit from the old Card’s balance when issuing replacement Card;
      • if the Card is not in good and working condition determined by TNGSB; or
      • if the Card is a free deposit Card; or
      • if the Card’s deposit is less than the current rate.
    • For Outright Purchase Card, TNGSB will guarantee the technical functionality of the Card for a period of one (1) year from date of purchase. If the Card cannot be utilized due to a manufacturing defect but is still in good physical condition as determined by TNGSB, TNGSB shall be liable to replace the Card.
  • Inactive Card
    • If there is no Card Transaction for a period of twelve (12) consecutive months, the Card shall be deactivated by TNGSB (Inactive Card).
    • TNGSB shall levy an administrative Deactivation Fee of Ringgit Malaysia Five Only (RM5.00) upon deactivation. This Deactivation Fee shall be deducted from the Credit Value of your Inactive Card.
    • TNGSB shall levy a Maintenance Fee of Ringgit Malaysia Five Only (RM5.00) at every six (6) monthly intervals from the date your Card deemed as Inactive Card by TNGSB. This Maintenance Fee shall be deducted from the Credit Value of your Inactive Card.
    • In the event the Credit Value is fully exhausted from the aforementioned deduction(s), TNGSB shall have the right to deduct the said Fee from the Deposit (if any). Once the Credit Value and Deposit (if applicable) are fully exhausted, your Card will be terminated by TNGSB ("Terminated Card").
    • Prior to termination of the card pursuant to 2.6.4 above, you may request for a refund on available balances remaining in your Inactive Card (after deductions of charges stipulated in 2.6.1 to 2.6.4 above) by submitting your request to TNGSB at any time before the Inactive Card is terminated by TNGSB. Should you wish to continue using the TNGSB's Services you will be required to apply for a new Card.
  • Expired Card
    • If a card has expired, this Card may experience usage failure at any point-of-usages, e.g. Toll lanes, LRT/Monorail/KTM gates and Parking readers.
    • You may change your card in advance i.e three (3) months before card expiry date in order to avoid any usage interruption and inconvenience due to card failure at the point of usage.
    • TNGSB has the right to deduct Credit Value from the old Card’s balance or deposit (if any) when issuing replacement Card, less a Card Price of Ringgit Malaysia 10 Only (RM10.00).
    • You may contact TNGSB Careline at 03-2714 8888 or visit our Touch 'n Go Sales and Reload Counter nearest to you to check the purchase date/year of your Touch 'n Go card.
  • Termination
    • You may at any time surrender the Card to TNGSB and discontinue the use of the Services ("Returned Card"). TNGSB shall at its sole discretion determine the condition of the Returned Card and will refund the Deposit (if applicable) and any remaining Credit Value to you within thirty (30) days upon surrender less a Processing Fee of Ringgit Malaysia Five Only (RM5.00).
    • TNGSB reserves the right upon giving adequate notice, at its sole and absolute discretion, without incurring any liability in whatsoever form and manner, to invalidate, cancel and/or terminate the Card or to suspend and/or restrict the usage of the Card at any given time, without having to give notice or assign any reason whatsoever to you with immediate effect from the date of notice of termination.
  • Indemnity
    • TNGSB and/or its Related Corporations shall not be liable for, and you agree to indemnify TNGSB and/or its Related Corporations against all claims, losses, liabilities, proceedings, demands, costs and expenses (including legal fees) which may result or which TNGSB and/or its Related Corporations may sustain in connection with or arising from the provision of the Services to you due to your negligence.
  • Liability
    • TNGSB, its officers, employees, agents and/or its Related Corporations shall not be liable to you or any third party authorized by or claiming through you for any loss or damage, whether direct, indirect, special or consequential, or for loss of business, revenue or profits or of any nature suffered by you or any person authorized by you, or any loss, damage or injury caused to or suffered by a person or damage to property arising from or occasioned by:-
      • the use or inability to use by you or any persons authorized by you, of the Services or any part thereof;
      • any malfunction, unauthorized use, cloning of or defect in the Services/ Card or any part thereof for whatever reasons;
      • any act, omission, error, default or delay by TNGSB, its officers, employees and agents and/or its Related Corporations in relation to the Services;
      • in respect of any representation or implication that may arise as a result of:-
        • any cancellation or refusal to renew the Card by TNGSB;
        • any suspension or restriction imposed by TNGSB on the use of the Card;
        • circulation of the particulars of Invalidated Cards to Service Providers;
        • withdrawal of any benefits or privileges conferred on you under the Card,
      • arising from any act or omission of any Service Providers, howsoever caused;
      • due to any retention of the Card and/or refusal by any Service Providers to honor the Card;
      • in respect of any statement, representation or communication made by any Service Providers;
      • as a result of defect or deficiency in goods purchased or services rendered by any Service Providers; or
      • due to any act /omission beyond the reasonable control of TNGSB.
    • Without limiting the generality of Clause 2.9, TNGSB, its officers, employees, agents and/or its Related Corporations shall not be liable to you or any third party authorized by or claiming through you for :-
      • any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material in connection with the Services and any claims arising out of any act or omission on your part in relation to the Services or any part thereof;
      • any loss or damage caused to you as a result of the suspension/ termination of the Services and the interruption/loss of the Services or any part thereof from any cause;
      • any loss, distortion or corruption of data arising from the use of the Services any unlawful or unauthorized access to your Card data; or
      • interruption or unavailability of the Services as a result of including but not limited to software issues, equipment failure or congestion in the Related Corporations' network.
    • Subject to and without prejudice to the foregoing, in the event TNGSB and/or its Related Corporations is liable to any party, under contract, tort or otherwise, for whatsoever reason however arising, TNGSB’s liability and/or its Related Corporations liability shall not under any event whatsoever exceed the Credit Value stored in the Card or the sum of Ringgit Malaysia Five Hundred only (RM 500.00), whichever is the lower.
  • Disclosure of Information
    • TNGSB shall maintain your personal details provided in the Application Form as private and confidential unless such information is necessary to be disclosed if required so for the purpose of provisions of Services to you TNGSB shall not disclose your information to any third parties for purposes other than for the purpose of providing Services to you unless you expressly consent to it.
    • Notwithstanding Clause 3.1.1 , TNGSB may use and/or disclose the information :-
      • TNGSB's shareholders, Related Corporations and affiliated companies for purposes of providing the Services to you;
      • to regulatory bodies or other authorities in compliance with requirements under law or towards the detection or prevention of crime and/or fraud;
      • to any party involved in or related to a legal proceeding for purposes in connection with the Services;
      • to TNGSB's professional advisors on a need to know basis; and
      • in order to comply with any legal obligations to which TNGSB is subject to.
    • Term
      • TNGSB reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend these Terms and Conditions or any part thereof including without limitation the Services. TNGSB shall furnish you with the notice on the variation, addition or otherwise amendment to the Terms and Conditions either in writing, via electronic means, displayed at our business premises, announced on our official website or published in national daily newspapers in the main language no less than twenty one (21) days prior to the effective date of the said variation, addition or amendment to the Terms and Conditions, as the case may be. Your continued use of the Services after the effective date of any variation, addition or amendments to the Terms and Conditions shall constitute unconditional acceptance of such variations, additions or amendments by you and you will be bound by the same. If you do not accept such variation, addition or amendment, you shall be entitled to terminate the use of the Services. TNGSB shall not be liable for any loss or inconvenience to you resulting therefrom.
      • The fees and charges imposed by TNGSB pursuant to the Terms and Conditions may change from time to time. TNGSB shall notify Cardholders of any changes to the fees and charges imposed by TNGSB giving no less than twenty one (21) days prior to the effective date of the said changes to the fees and charges.
    • Notices
      • All notices, requests and/or other communications to be given by TNGSB to you under these Terms and Conditions may either be by:-
        • ordinary mail; and/or
        • display of notices at TNGSB and/or any of Touch ‘n Go counters; and/or
        • published in the official website (www.touchngo.com.my); and/or
        • published in national daily newspapers in the main languages, circulated generally throughout Malaysia, and shall be deemed notification upon posting/publication.
      • All notices, requests and/or other communications to be given by you to TNGSB under these Terms and Conditions must be communicated to the following address:
        Customer Service Department
        Touch 'n Go Sdn Bhd,
        Unit G-2, Tower 6, Avenue 5,
        The Horizon, Bangsar South,
        No. 8, Jalan Kerinchi,
        59200 Kuala Lumpur.
        Careline: 03-2714 8888
        Fax: 03-2714 8889
        E-mail: careline@touchngo.com.my
    • Other Term
      • This Terms and Conditions shall be governed by and interpreted in accordance with the Laws of Malaysia and you hereby agree to submit to the non-exclusive jurisdiction of the courts of Malaya at Kuala Lumpur, waive any objection on the ground of venue or forums non convenient or any similar grounds; and consent to accept service of any legal process by registered mail or in any other manner permitted by the relevant laws and service of which shall be deemed effective three (3) days upon posting.
      • In addition to the Terms and Conditions contained herein, all Card Transactions transacted using the automated teller machine ("ATM") shall also be governed by the relevant bank’s ATM Terms and Conditions
      • If any of the provision herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
      • No delay or indulgence by TNGSB in enforcing any term or condition of these Terms and Conditions nor the granting of time by TNGSB to you shall prejudice the rights or powers of TNGSB nor shall any waiver by TNGSB of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
      • The Clauses that shall survive the termination of this Agreement: 2.9.1, 3.0.1, 3.0.2, and 3.0.3.
      • The Terms and Conditions constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all previous terms and conditions, understanding, representations and warranties relating to that subject matter.
      • The terms and conditions of this Agreement are also available in Bahasa Malaysia. In the event of inconsistency between both terms and conditions, English version of the terms and conditions shall prevail.