1.0 Definitions
1.1 “Agreement” The acceptance of the terms and conditions by the Applicant.
1.2 “Application Form” The Application Form for the Photo Card.
1.3 “Image”Means any form of pictures or photos chosen by the Applicant to be printed on the Photo Card.
1.4 “Photo Card” Touch ‘n Go Photo Card.
1.5 “TNGSB” Touch ‘n Go Sdn Bhd.
2.0 Terms and Conditions
2.1 Guidelines on Image (s) and logo
2.1.1 The Applicant shall not submit any form of image(s) or logo which may be misleading to the public(e.g. misrepresenting that the holder of Photo Card is a member of any government authorities and / or agencies e.g. Polis Di Raja Malaysia (PDRM).
2.1.2 The Applicant shall not submit any form of pornography or image(s) deemed by TNGSB to be inappropriate / unlawful.
2.1.3 The Applicant shall not submit any form of logos or images which may constitute possible infringement of any privacy, confidentiality, proprietary and/or intellectual property rights of any 3rd party under any applicable statute or law relating to protection of personal data.
2.2 Representation and warranties
2.2.1 The Applicant is the rightful and legal owner of any image(s) produced and submitted to TNGSB.
2.2.2 The Applicant shall obtain all relevant consent, license and/or authorization to use/publish any image(s)submitted to TNGSB.
2.2.3 The Applicant shall produce evidence of such consent authorization or ownership for the usage of any image(s), if required by TNGSB.
2.2.4 The Applicant shall not violate TNGSB's proprietary, intellectual property or any other rights in the use of the card.
2.2.5 The Applicant shall not represent himself/herself as being TNGSB's agent or representative in any manner whatsoever.
2.3 Indemnification
2.3.1 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, proprietary and/or intellectual property rights arising from the use / publication of any image /logo submitted by Applicant under this Agreement.
2.4 Miscellaneous
2.4.1 TNGSB reserves the right to reject any image(s) submitted by Applicant under this Agreement without assigning any reason.
2.4.2 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.
2.4.3 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.
2.4.4 If for any reason the Photo Card becomes expired, damaged, faulty or dormant rendering Photo Card unusable, TNGSB shall be under no obligation to replace such card.
2.4.5 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 Photo Card without assigning any reason.
2.4.6 TNGSB shall retain the absolute right to amend, vary or add any terms or conditions and Applicant continued use of Photo Card shall be construed as acceptance of amendment / variation of terms / conditions.
2.4.7 The aforesaid Terms and Conditions are in addition to and not in derogation of the Primary Terms & Conditions. 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
