Terma & Syarat RRGA SDN. BHD. (English)

1. Scope and Acceptance
1.1. Scope
1.1.1. These terms and conditions, composed of Part I (General Terms of Use) and Part II (Additional Terms of Use), (collectively, the “Terms”) govern your use of the following services (collectively, the “Services”) offered or managed by RRGAA SDN BHD (1455079-A) (“RRGA Agency”):
  1. The website (www.rrgaa.com), along with access to it and all its links and functions;
  2. User accounts registered through RRGA website (a “RRGA Account”);
  3. Payment facilitation and/or reselling services via RRGA Agency, wherein you may make purchases from RRGA Agency, and make payments through payment methods made available by RRGA on the abovementioned platform;
  4. RRGA Agency and all of its related services; and/or
  5. Other RRGA Agency applications, websites and/or services that link to these Terms.

1.1.2. Unless specified otherwise in these Terms, the Terms are hereby entered into and agreed upon between you and RRGA Agency.
1.2. Acceptance. By using any of the Services, you consent to and accept these Terms and agree to be bound by them. IF YOU DO NOT ACCEPT OR AGREE TO THE TERMS, YOU SHOULD IMMEDIATELY STOP USING AND/OR ACCESSING THE SERVICES.
1.3. Amendments. RRGA Agency reserves the right to make changes at any time to these Terms or any of the policies or notices relating to its platforms, sites or applications. Such changes will be effective immediately upon publication on www.rrgaa.com, the official RRGA website. RRGA Agency will also post a notice on the platform to inform users of the new Terms, and the date of the last revision is set out at the top of the Terms. It is your responsibility to regularly check the above mentioned site for the latest version of the Terms. Your continued use of the Services or any of the foregoing platforms following any changes to the Terms shall be deemed as continued acceptance of the revised Terms.
1.4. Updates. RRGA Agency may provide new features, upgrades, updates, patches, and other modifications to the Services (collectively, the “variations”). We may update, patch, or modify the RRGA Site, the mobile application, or any of our platforms remotely. You hereby grant to RRGA Agency the right to deploy and apply such variations. All provisions of these Terms of Service shall also apply to all such variations.

GENERAL TERMS OF USE

2. Use of the Services
2.1. Application of Terms through use. These Terms shall apply regardless of how you access or use any of the Services, including but not limited to mobile devices, desktop devices, mobile applications, internet browsers, or any other device, application, or software.
2.2. License for use
2.2.1. RRGA Agency grants you a non-exclusive, non-transferable, limited right and license to access and use the RRGA Site and/or the Services for your personal and non-commercial use, subject to these Terms.
2.2.2. RRGA Agency reserves the right to terminate such license without prior notice to you, if it is found that your use of the Services violates these Terms.
2.3. Access and use of Services and RRGA Site
2.3.1. The Services allow you to purchase certain digital content, such as app/game credits, and diamonds from RRGA Agency via the RRGA Site, and make payment for such purchases through the Payment Channels by:
  1. Having the value of such purchase added to your app account through WhatsApp purchase; or
  2. Using one of the other payment options offered by RRGA’s payment channel partners, such as online bank transfers.

For credit card or bank transfer payments, any banking or credit card details that you provide are collected directly by the Payment Channels who are the relevant banking institutions, card issuers, or card aggregators. These details are not collected, stored, or processed by the RRGA Agency.
2.4. Payment facilitation and digital content reselling services
2.4.1. You initiate and make a purchase by choosing to purchase Diamonds via (i) the relevant RRGA platform, where you will be routed to the RRGA Site to make payment;
2.4.2. To make payments via the Services, you must have a valid and eligible mobile phone account or a valid payment instrument issued or recognised by the Payment Channels.
2.4.3. You are fully liable for the use of your payment accounts or instruments via the Services. You acknowledge and accept that RRGA has no liability for any unauthorised use or access by third persons of your accounts or your payment instruments.
2.4.4. RRGA Agency, and/or the Payment Channels reserve the right and discretion to reject or decline any transaction for any reason or set limits on transaction types and/or amounts.
2.5. Modification of Services. RRGA Agency reserves the right to change, modify, suspend or discontinue the Services in part or whole at any time, with or without notice to you. Any changes or modifications may be reflected in these Terms according to the section on Amendments.
2.6. Taxes, charges, and fees. You are responsible for any taxes, duties, currency exchange fees, data charges, and related charges on purchases that you make as a result of or in the course of using any of the RRGA Site or Services.
2.7. Disputes handling. If you are dissatisfied with any Diamonds purchased using the Services, or if you believe that you have been charged in error, please directly contact the following in order to resolve the issue:
  1. RRGA, for purchases made on RRGA Site;

2.8. Error handling. As part of or separate from the dispute handling process, RRGA may determine that a mistake has been made that affects you. If RRGA determines that you have been incorrectly charged or overcharged, RRGA will credit your account or otherwise arrange for a refund to rectify the mistake. If RRGA concludes that you were not charged when you ought to have been, or that you have been undercharged, RRGA may debit or charge your account or otherwise collect a payment to rectify the mistake accordingly.
3. Consumer Protection
3.1. Product Descriptions. RRGA takes every effort to ensure that the product descriptions on RRGA Site are as accurate as possible. However, to the extent permitted by law, we do not warrant that such product descriptions are complete and accurate.
3.2. Refunds. You acknowledge and understand that transactions successfully made using any of the RRGA Site or Services are final. No returns will be accepted, and no refunds will be issued unless expressly specified otherwise in these Terms. In the event that a refund will be made to you after dispute and/or error handling as outlined in the sections on Disputes and Error Handling, the time frame to credit the refund to your bank or payment service account shall depend on the Payment Channel used or your bank or payment service provider.
4. RRGA User Accounts
4.1. Account services. At your option, you may register for a RRGA Account, which allows you to:
  1. Easy purchasing by choosing and pay;
  2. Access certain reward schemes or cashback on RRGA Site;
  3. Track or keep records of purchase transactions you have made on RRGA Site; and
  4. Use any other features of the Services or the RRGA Site that may only be available to registered users.

4.2. Account verification. If you sign up for a RRGA Account, you confirm that you have provided RRGA with complete and accurate information about yourself for verification purposes, and that you are responsible for maintaining the confidentiality of your RRGA Account, its password, and all activities that occur under your RRGA Account. In the event of any unauthorised access to your RRGA Account, you shall notify the RRGA Agency immediately.
4.3. Transaction history. You may access a record of all your successful and failed purchases or top-ups on your RRGA Account page. If there is any mistake or missing information, please contact us via the Contact Us at https://www.rrgaa.com/contact-us. We will take the steps necessary to resolve the matter as soon as reasonably practicable.
4.4. Closure or suspension of RRGA Account due to breach. RRGA reserves the right at its sole discretion to permanently close or suspend your RRGA Account or your access to it at any time if:
  1. You attempt to engage in, or indirectly or directly engage in any conduct prohibited under these Terms;
  2. You breach any clause of these Terms, and if the breach may be remedied, you fail to do so within thirty (30) days from receiving written notice from RRGA specifying such breach;
  3. RRGA is required to do so by any regulatory authority or law enforcement body;
  4. You become or are subject to bankruptcy proceedings;
  5. You have provided us with false or inaccurate information and have failed to provide us with the true or correct information within fifteen (15) days from receiving written notice from RRGA requesting such information;
  6. RRGA has determined that the security of your RRGA Account has been compromised, or your account has been accessed in an unauthorised manner, and you fail to take action within five (5) days from receiving written notice from RRGA specifying the required corrective actions;
  7. You fail to comply with these Terms or any additional terms that apply to the Services.

4.5. Voluntary closure of RRGA Account by user. You can choose to close your RRGA Account permanently, at any time and for any reason, upon giving thirty (30) days of prior written notice to RRGA. All transactions that you have made prior to such closure must be paid, and RRGA reserves the right to deduct from your balance any unpaid fees, surcharges, or costs that you may have incurred before closing your RRGA Account.
5. User Obligations
5.1. In respect of your purchases, you confirm that: (i) you are purchasing the Diamonds via the Services for your own exclusive and personal consumption; (ii) you shall have no right to reproduce, replicate, distribute or otherwise exploit any content, goods or services provided to you; and (iii) you at all times comply with all applicable laws, rules and regulations in your purchase and use of the Diamonds.
5.2. In using any of the Services, you shall not carry out any of the following acts, nor use the Services to engage in the following acts:
5.2.1. Fraud and unlawful conduct
  1. Use the Services in any way that violates any applicable law, ordinance, or regulation, or for any unlawful purpose;
  2. Use the Services to violate, intentionally or unintentionally, any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including without limitation laws and requirements (whether or not having the force of law) relating to anti-money laundering or counterterrorism;
  3. Use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  4. Remove any proprietary notices from the Services;
  5. Charge others to use the Services;
  6. Use the Services for any commercial purpose or the benefit of any third-party or any manner not permitted by the licenses granted herein; or
  7. Use the Services for any fraudulent purposes.
5.2.3. Damage to RRGA’s business, platforms, or Services
  1. Attempt to harm, disrupt, or otherwise engage in activity that diminishes the business and reputation of RRGA Agency and the capacity of the RRGA Site to serve other users, or hamper or interrupt the provision by RRGA of the Services in any way;
  2. Attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures established by or for the benefit of RRGA with respect to the Services and/or any data transmitted, processed or stored by RRGA;
  3. Attempt to gain access to any account, computers, or networks related to the RRGA Site and Services without proper authorisation; or
  4. Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, interfere with, or impair the Services or the servers or networks connected to the Services.

5.2.4. You understand that the enumeration of acts above is not exhaustive, and that acts analogous to those enumerated above, or those that are unlawful, fraudulent, abusive, or damaging in a similar manner, shall also be prohibited.
6. Use and Ownership of Intellectual Property
6.1. RRGA owns or holds all necessary licences to all intellectual property rights (including all existing and future copyright, trademarks and patent rights) in all information, text, material, graphics, logos, icons, sound recordings, software and source code on the RRGA Site.
6.2. Unless provided otherwise in these Terms, all third-party content on the RRGA Site is owned by or licensed to RRGA in accordance with the relevant laws.
6.3. Except as expressly authorised by these Terms, you have no right, title, or interest in or to the Subject Matters. You may not, without our express written permission (or that of our suppliers or licensors, where applicable), in any form or by any means:
  1. Adapt, reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, circulate, or create derivative works from any of the Subject Matters (including, without limitation, the display and distribution of any of the Subject Matters via third-party websites or other networked computer environment); or
  2. Commercialise any information, goods or services from or in connection with any of the Subject Matters.

7. Personal Data and Confidential Information
7.1. Privacy Policy. RRGA may access, collect, disclose, and/or process your personal data in the course of providing you with the Services. You acknowledge, accept, and understand that such access, collection, disclosure, and/or processing shall be in accordance with RRGA’s Privacy Policy.
7.2. User obligations relating to personal data. In using the Services, you agree not to in any way:
  1. Harvest or collect any information about or regarding other users or persons, including without limitation any personal data or information;
  2. Use the Services to collect or store personal data about other users or persons in connection with the prohibited conduct and activities set forth in the section on User Obligations; and
  3. Transmit, publish, share, disclose, or post another individual’s confidential or personal information.

7.3. Confidential information. You shall not upload, post, email, transmit, or otherwise make available through the Services any content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
8. Indemnification and Liability
8.1. Indemnification. You agree to indemnify, defend, and hold harmless, RRGA, its affiliates and subsidiaries, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers, from and against any and all claims, actions, proceedings, losses, liabilities, expenses, damages, and costs, including but not limited to attorneys’ fees, arising out of or in connection with your use of the Services and/or any violation by you of these Terms.
8.2. Limitation of liability
8.2.1. To the maximum extent permitted by applicable law, RRGA and its respective employees, affiliates, agents, and representatives will not be liable for any indirect, incidental, punitive, or consequential damages arising out of or in connection with your use of the RRGA Site and/or the Services (including the inability to use the Services), or any Diamonds purchased or transactions entered into via the Services.
8.2.2. To the extent permitted by applicable laws, in no event will the aggregate liability of RRGA and its respective employees, affiliates, agents, and representatives arising out of or in connection with these Terms or the transactions contemplated herein, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of payment that you have made via the Services, in respect of the transaction giving rise to the claim for liability.
8.2.3. RRGA shall in no event be liable to you for any failure or delay by RRGA or its employees, agents, or representatives to perform its obligations under these Terms, regardless of whether the failure or delay is caused by an event or condition beyond its control. The laws of some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in these Terms. RRGAs liability is limited to the greatest extent permitted by law.
8.2.4. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim you may have arising out of these Terms must be brought or filed before the relevant tribunal in the jurisdiction where you are located within one (1) year after such claim could be first filed. Any claims brought after such a period shall be forever barred.
9. No Warranty and Disclaimer
9.1. The Services are provided on an “as is” basis. We do not guarantee that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful computer software.
9.2. To the fullest extent permitted by applicable law, RRGA makes no representations or warranties of any kind, express or implied, regarding the RRGA Site or the Services, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights.
9.3. RRGA has no control over the quality, fitness for purpose, safety, reliability, legality, or any other aspect of any good or service provided by agents, or representatives that you purchase using the Services. Except as otherwise indicated in these Terms, RRGA shall not be obliged to issue refunds if a purchase does not meet your expectations, or if the relevant agents, or representatives does not fulfil its commitments, although RRGA will make reasonable efforts to assist you in these matters as described under the sections on Disputes and Error Handling. RRGA has no obligation, and cannot guarantee, that it will resolve any disputes related to your transaction to your satisfaction.
9.4. RRGA may, at its sole discretion and at any time, suspend or terminate your access to or disable your use of the Services and/or the RRGA Site for any reason without prior notice to you, including if RRGA suspects fraud, illegal, unauthorised or improper conduct on your part, or if you have breached any part of these Terms. RRGA may also impose limits on the type and/or amount of transactions you are allowed to make using the Services at any time in our sole discretion without prior notice.
9.5. You agree and understand that the availability of the Services is dependent on the network and systems availability of our service providers, the Payment Channels, and/or our affiliates and subsidiaries.
9.6. The Services of the RRGA Site may from time to time be delayed, interrupted or disrupted for an indeterminate period of time. In the event of any of the above mentioned circumstances, RRGA shall not be liable for any claims arising from or in connection with any such delays, interruptions, disruptions, limitations, suspensions, termination or the like to the Services and/or the RRGA Site.
10. General Provisions
10.1. Links to third-party sites. Links to third-party sites provided through the Services may lead you to leave the RRGA Site. Please note that the linked sites may not be under the ownership or control of RRGA in any manner whatsoever, and you therefore access them at your own risk. RRGA is not responsible for the contents, terms of use, or privacy practices of any such linked site, or any link contained within a linked site, including any changes or updates to such sites. The inclusion of any third-party link does not in any way imply or express affiliation, endorsement, or sponsorship by RRGA of any linked site and/or any of its content therein.
10.2. Notices. We may make any notices that we may be required by law to make in electronic format (such as but not limited to when you visit the RRGA Site, via forms or emails, when RRGA posts notices or updates to these Terms, or when RRGA communicates with you via your email or mobile phone number). You consent to receive communications from us in electronic form and agree that all terms and conditions, notices, rules, disclosures, policies, and other communications from RRGA provided electronically to you shall be deemed to satisfy any legal requirement relating to communications in writing and shall be deemed to be given on the date of the electronic communication.
10.3. No waiver. RRGA’s failure or delay in enforcing any right or provision under these Terms shall not be construed as a waiver or limitation of its right to subsequently enforce these Terms and compel strict compliance therewith.
10.4. No endorsement. References to goods, services, and/or businesses on any of the RRGA Site do not constitute or imply an endorsement, approval or recommendation by RRGA of those goods, services and/or businesses.
10.5. Termination. RRGA may, at its sole discretion, terminate your access to any of the RRGA Site, the Services, and/or your RRGA Account if you breach any of the Terms. In the event of termination, the provisions of the section on Indemnification and Liability shall survive.
10.6. Security. RRGA takes all reasonable steps to preserve the security of the information that you provide to it. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst RRGA strives to protect all data transmissions over the Internet (including your information) and has adopted substantial measures to mitigate security risks, RRGA does not warrant and cannot ensure the absolute security of any information which you transmit to RRGA. As such, any information which you transmit to RRGA is transmitted at your own risk.
10.7. Relationship. Nothing in these Terms is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you and RRGA Agency.
10.8. Entire agreement. These Terms constitute the entire agreement between you and RRGA, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings relating to the subject matter of these Terms. No modification or amendment of these Terms will be binding on RRGA unless agreed to by RRGA, set forth in writing, and published in the same manner as previously binding versions.
11. Top-ups
11.1. All RRGA top-ups are final and non-refundable.
11.2. Completion of transaction. The purchase transaction amount will not be deducted against until the transaction on RRGA Site is confirmed successful. Thereafter, the purchased products and/or services will be delivered to you.
11.3 Refunds. We will not process any refunds for successful purchases made. All transactions in RRGA Site are non-refundable unless required otherwise by law. If a refund is required by law, RRGA shall at its sole discretion determine a transaction is refundable, but only if your purchase has not been consumed or redeemed. All refunds will be credited back into your RRGA Account.
12. Account security
12.1. You are responsible for your RRGA Account’s security and all consequences resulting from the use or misuse of your RRGA Account, PIN, OTP, or other related security credentials for RRGA Account. This security obligation includes safe-keeping your sign-in details and keeping your account information private from others. Lost or stolen accounts are your sole responsibility.
12.2. If there is or has been any fraudulent or unauthorised use of your sign-in details or account, loss of account access, or any other breach of security, you agree to immediately notify RRGA by contacting RRGA Customer Support. As soon as reasonably practicable, RRGA will suspend your RRGA Account, investigate your complaint or request, and respond to you. However, RRGA disclaims responsibility for lost or stolen accounts and will not compensate you for any damages monetary or otherwise relating to the unauthorised use or access to your RRGA Account.
12.3 No returns; limitation on refunds. When we provide you with digital content, the transaction is instantaneous, such that a deduction is immediately made through your chosen Payment Channel, and the diamonds are instantly credited to you through the RRGA Agency’s respective platform within a short period of time after the successful completion of your purchase. Hence, any implied guarantees regarding goods shall not be applicable, and no right of redress or remedies such as, but not limited to, replacement, repair, return, or damages shall therefore apply. However, this does not prevent you from raising valid disputes or errors according to the procedures outlined in the sections on Disputes and Error Handling in the General Terms of Use.
12.4 Governing law. These Terms shall be governed by and construed according to the laws of Malaysia, without regard to its conflicts-of-law provisions. We shall endeavour to amicably resolve any disputes that arise out of or in connection with these Terms (including any question regarding its existence, validity or termination), but in the event that such efforts shall fail, such dispute shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (“AIAC”) under the Arbitration Rules of the AIAC for the time being in force, which rules are deemed to be incorporated by reference into this section. The seat of arbitration shall be Kuala Lumpur, and the Tribunal shall consist of one (1) arbitrator. All arbitration proceedings shall be in the English language. The decision of the arbitrator shall be final and binding.