TERMS & CONDITIONS

Terms & Conditions

These Terms & Conditions together with the privacy policy and other documents referenced herein are the terms of use in respect of our site (www.5petrol.com) and mobile application(s) currently named FIVE Petrol and any other or updated applications which FIVE is providing or shall provide (“App or Apps”).

We, FIVE PETROLEUM MALAYSIA SDN. BHD. (“FIVE”, “we”, “us” or “our”), permit you to use (and you may only use) our site and our Apps subject to these Terms & Conditions. By using our site or our Apps, you will be deemed to have consented to our terms & conditions, user data collection, use and disclosure of your personal information as outlined in this Terms & Conditions and our privacy policy referenced below. You can withdraw your consent at any time. However, if you withdraw your consent to certain uses, we may no longer be able to provide all our services to you (such as FIVE Credit, also known as store card, fuel purchasing feature, loyalty points feature and other services).

For better understanding of our privacy policy, please visit our privacy policy page for more details.

*NOTE: Our site and mobile applications are not intended for children. If we become aware that we have inadvertently received or collected personal information pertaining to a child under the age of consent in the country where the child is located without valid consent, we will delete such information from our records.

General Information

These Terms & Conditions, together with our privacy policy incorporated by reference herein, sets out the terms and conditions under which you may use and access our site and our Apps. Certain Services or features of the Services may be subject to additional guidelines, policies, terms or rules which you should read in conjunction with these Terms & Conditions. By using or accessing such Services through our site or our Apps, all such additional guidelines, policies, terms and rules shall form part of and deemed to have been incorporated into these Terms & Conditions, and you will be deemed to have further consented to such additional guidelines, policies, terms and rules as well as these Terms & Conditions. Subject to these Terms & Conditions and the aforesaid additional guidelines, policies, terms and rules if any, the Apps will enable you to make use of the Services as outlined in our site or the relevant App.

1. General

1.1 Please read these Terms & Conditions and our privacy policy carefully. These Terms & Conditions and our privacy policy, if agreed by you in accordance with clause 1.2, will constitute a binding agreement between you and FIVE.

1.2 By clicking "I agree" or by accessing and/or using the Apps and the Services, you agree to be bound by these Terms & Conditions, our privacy policy, any additional guidelines, policies, terms and rules in relation to the Services provided by our Apps and any change or update of Our Terms pursuant to clause 1.4 below (collectively “Terms”). If you do not agree with any of the Terms, you must not use the Apps or the Services and you must immediately cease accessing and using the Apps and Services. We recommend that you print or save a local copy of the Terms for your own record.

1.3 FIVE may update and expand on the Services that we can offer to you by way of the Apps, and will notify you of any new functionality or features within the Apps once it becomes available.

1.4 FIVE may, in its sole discretion, update, modify or replace any or all of these Terms & Conditions from time to time by posting an updated version at this URL. Where a revision materially alters any obligation imposed on you, FIVE will use commercially reasonable efforts to notify you of such revisions using the email address you provided when you registered. You are responsible to check the 'About FIVE App' and ‘Terms & Conditions’ section of the Apps for any changes to these Terms & Conditions. Your continued use of, or access to, the Apps and/or the Services following the posting of any changes to these Terms & Conditions will be deemed to constitute acceptance of those changes. If you do not agree to any change or update of to these Terms & Conditions you must immediately cease using and accessing the Apps and the Services.

1.5 In order to access and use the Apps and the Services, you must:

a) be at least 18 years of age or, if you are under 18 years of age, have the permission and supervision of a parent or legal guardian;

b) possess the legal right and ability to enter into a legally binding agreement with us;

c) agree and warrant to use the Apps and the Services in accordance with the Terms; and

d) have a registered account.

1.6 When you are at a FIVE petrol station site, you must not use the Apps while refuelling your vehicle. Once you have replaced the pump nozzle, you are welcome to open the Apps on your device.

1.7 FIVE may, but is not required to:

a) provide updates, changes or amendments to the Apps or Services as FIVE sees fit to ensure proper operation of the Apps and any general enhancements that may be introduced; and

b) offer new services and features through, and in relation to, the Apps or Services, which will be subject to the Terms.

2. Registration and your Account

2.1 To access and use any App and the Services, you must have a registered account with FIVE in respect of the App. In order to register for an account, you will be required to provide to FIVE your contact number and email address through which FIVE can contact you in relation to the App and the Services. Your use of certain features within the Apps, may require you to nominate a Payment Method (which may include credit card details) and link it to your registered account.

2.2 When you register and activate your account, you will be prompted to create a username and password. You are solely responsible for keeping this username and password secure and are responsible for all use and activity, including activity in breach of the Terms, carried out under your username.

2.3 You must notify FIVE immediately, and request cancellation or suspension of your account, if you become aware of any unauthorised use, or suspected unauthorised use, of your account or if the security of your account is compromised in any way, by contacting [email protected] This may be due for example, to your mobile device being stolen or lost or your password becoming known to another person. FIVE agrees to cancel or suspend your account within 2 business days after receiving notice from you in accordance with this clause.

2.4 FIVE is not liable for any loss suffered by you as a result of any unauthorised use of your account, unless such loss is incurred as a direct result of FIVE’s failure to cancel or suspend your account within 2 business days after you have given FIVE notice in accordance with clause 2.3.

2.5 You agree that:

a) you will not provide any false personal information to FIVE, or create an account for anyone other than yourself without that individual's and FIVE's permission;

b) you will not create more than one account for each App;

c) if FIVE disables your account, you will not create another one without FIVE's permission;

d) you will keep your personal information and account information accurate and up-to-date;

e) you will not transfer your account to anyone without FIVE's prior written approval;

f) you will only log onto your App account on one device at any time; and

g) you will not share your password or let anyone else access your account, or do anything else which might jeopardise the security of your account.

3. Location Services

3.1 Where the Location Services functionality has been activated for an App:

a) you may use the App to locate nearby Locations;

b) if you are near a participating Location, the App will indicate that you may find list of FIVE stations at that Location; and

c) FIVE will be able to, via the App, obtain access to data about your location.

If you do not want to enable FIVE (via the App) to access information about your location, you should immediately de-active the Location Services functionality, after which you will not be able to use the Location Services or Fuel Services.

4. Fuel Services

4.1 Before using the App to refuel, you must choose, and link, a Payment Method to your account. You cannot use the Fuel Services unless your account has a linked Payment Method.

4.2 You acknowledge that it is your responsibility to accurately input the information required in clause 4.1 and to review and confirm the accuracy of any information contained in the Fuel Order before confirming your payment and that FIVE will have no liability to you in relation to any mistakes made by you in inputting this information.

4.3 Once you have confirmed your Fuel Order, your nominated Payment Method will be charged for your Fuel Order and FIVE will send confirmation of your Fuel Order to your nominated email address.

4.4 If your Payment Method is not approved, you will be prompted to pay for your Fuel Order in person (walk-in) at the Location.

4.5 Where you use the Fuel Services in this clause 4, FIVE will be able to, via the App, obtain access to data about your location. You cannot use the Fuel Services unless you consent to give FIVE access your location data. If you do not want to enable FIVE (via the App) to access information about your location, you should immediately de-active the Location Services functionality, after which you will not be able to use the Location Services or the Fuel Services.

5. Retail Services

5.1 You can use the App to purchase available food and drink items for walk-in at any operating time from participating Locations.

5.2 If you do not already have a Payment Method linked to your account, you will be prompted to choose, and link, a Payment Method to your account.

5.3 You acknowledge and agree that it is your responsibility to accurately input the information required in clause 4.2 and to review and confirm the accuracy of any information contained at the retails confirming your payment and that FIVE will have no liability to you in relation to any mistakes made by you in inputting this information.

5.4 If your Payment Method is not approved, you will be prompted to input another Payment Method or to pay for your purchase in person (walk-in) at the Location.

5.5 Where you make use of the retail services at a FIVE's Location, you acknowledge that FIVE only provides the Services as set out in the Terms, and does not prepare, or accept any liability for the preparation of, the relevant food or drink items.

6. Refunds

6.1 If you are not satisfied with the quality of any products or the Services provided through the App and wish to seek a refund or any other compensation, you should contact us through the 'Support' section of the App within 48 hours of placing your Order, providing details of why you require a refund. To the maximum extent permitted by Law, and without limiting clause 6.2, FIVE will assess the merits of each refund claim and will advise you of their decision within 30 days.

6.2 Without limiting clause 6.1, you will not be entitled to a refund for any goods to be collected but not collected by you from the relevant location. FIVE will have no responsibility or liability relating to your failure to collect such goods.

7. Payment

7.1 FIVE accepts all Payment Methods listed in the Apps, as updated or amended from time to time.

7.2 Where relevant, you authorise FIVE to charge a fee to you for the provision of any Services using your selected Payment Method.

7.3 Where any payment that you make is not authorised by your credit card or bank provider or otherwise, your Order will not be processed by, or communicated to, the relevant Location. Where your Payment Method is not authorised, you must either use a different accepted Payment Method or pay for the relevant Services in person at the Location.

7.4 You will not be able to use a Payment Method if it has expired, has been reported stolen by your bank or is no longer eligible for use in an App for any reason. You will be notified in the App if your nominated Payment Method has failed and asked to pay within the store at the Location.

7.5 For the Fuel Services – If your nominated Payment Method is a Visa or Mastercard or FIVE Credit, which is our store card, you must keep your App with you at all times. Fuel purchase is not available at non-FIVE sites and FIVE cannot guarantee that fuel purchase will always be available at FIVE participating Locations.

7.6 If you have received fuel and your payment through the Fuel Services has been declined or has been unsuccessful for any reason, you must pay for the fuel in-store. If you fail to pay for the fuel dispensed, FIVE reserves the right to recover the relevant payment either directly or indirectly through a third party and may charge a recovery fee.

7.7 You acknowledge that registering your Card on an App creates a digital instance of your physical Card. This means for example that if your physical Card is cancelled or suspended, the digital Card registered on your App will also be cancelled or suspended and will no longer be able to be used.

7.8 FIVE uses third party merchant facilities to process payments. Accordingly, FIVE is not responsible for, and does not have any control over, any third party merchant facilities. You acknowledge and agree that FIVE will not be liable for any loss or damage arising out of any use of a third party payment gateway. You should read and understand the terms of the third party merchant facilities before using them.

7.9 All prices on the Apps shall be shown, and charged, in Ringgit Malaysia ONLY, and shall be inclusive of any other applicable taxes.

8. Discount Offers or Promotion

8.1 From time to time we may offer you a discount off the standard price of our goods and services, including but not limited to our Food Services (refer to Retail Services’) , when using the Apps (“Discount”).

8.2 Your eligibility to receive a Discount will be subject to the terms and conditions set out in the offer communications and marketing material (“Offer Terms”).

8.3 The Discount may only be applied to transactions at participating Locations during the period specified in the Offer Terms.

8.4 The Discount may not be used in conjunction with any other offer, unless stated otherwise.

8.5 FIVE reserves the right to amend or terminate the Discount at any time at their discretion without notice.

9. Points

9.1 You may be eligible to receive loyalty points (“Points”) on your purchase made by way of an App if:

9.2 You purchase fuel with FIVE.

9.3 You purchase goods at FIVE retail outlets or other participating stores.

9.4 You will only receive Points if the payment transaction is successful.

10. Conditions of Access and Acceptable Use

10.1 You acknowledge and agree that the availability of each App is dependent on the third party from which you obtain the App (the App Store). Each App Store may have its own terms and conditions which you agree to comply with, and the licence granted under clause 12.1 is conditional on your compliance with any such terms and conditions.

10.2 The App and the Services are made available to you for your personal, non-commercial use only. You must not, and must not permit or cause any third party to, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software products or Services contained within the App.

10.3 You must not:

a) access or use the whole or any part of the Apps or Services, except as expressly permitted by the Terms, or otherwise with the prior written consent of FIVE;

b) remove or obscure any proprietary notice (including any copyright, trade mark, service mark, tagline) or other notices contained in the Apps;

c) circumvent any mechanisms in the Apps intended to limit your use of, or access to, areas within or components of the Apps;

d) vary, alter, modify, merge, interfere with, reverse disassemble, decompile or reverse engineer, or otherwise seek to obtain or derive the source code from, the whole or any part of the App, except as permitted by Law;

e) solicit the login information or access an account belonging to another user;

f) facilitate or encourage any violations of the Terms; or

g) use any data mining, gathering or extraction tools in connection with the App or Services, without FIVE's prior written consent.

10.4 You must not access or use the Apps or Services, or provide or transmit any data or content in any way that:

a) violates or infringes the rights (including, without limitation, any Intellectual Property Rights) of FIVE or third parties;

b) is unlawful, offensive, indecent, objectionable, harassing, obscene, pornographic, threatening, abusive, defamatory, libellous, fraudulent, tortious, or invasive of another's privacy or constitutes a breach of any other of the legal rights of individuals;

c) includes personal or identifying information about another person without that person's consent;

d) is false, misleading, or deceptive;

e) violates the Terms or any policy posted in the 'ABOUT FIVE APP', ‘PRIVACY POLICY’ and ‘TERM & CONDITION’ section, or elsewhere, in the Apps;

f) is detrimental to, or in violation of, FIVE's systems, or a third party's systems or network security;

g) interferes with the use of the Apps or Services by other users; or

h) could damage, disable or impair the servers or networks used by the App or other users.

10.5 FIVE may, at any time without prior notice, restrict, block, suspend or disable access, edit and/or remove some parts of any App, or the entire App or Services, including any material which in FIVE's reasonable opinion may give rise to a breach, or be in violation of the Terms or any Law, or which FIVE considers in its absolute discretion might be otherwise harmful.

11. Term and Termination

11.1 The Terms will take effect as legally binding agreement between you and us when you agree to them (either by clicking 'I agree' or when you first access and/or use any of the Apps in accordance with clause 1.2) and will continue in full force and effect until terminated in accordance with the remainder of this clause 11.

11.2 You can terminate the agreement in relation to any App for any reason at any time by notifying us of your intention to terminate by emailing us at [email protected], whereupon FIVE will disable your account for that specific App within 30 days of your notification.

11.3 FIVE may terminate its agreement with you in relation to any App or Service by suspending or terminating your account in relation to such App or Service at any time by providing 30 days' prior written notice of FIVE's intention to terminate to the email address provided when you registered or as updated by you, or by any other suitable means which ensures that you will be reasonably notified of the termination. If FIVE suspends or terminates your account, you are not permitted to create a new account to circumvent the suspension or termination.

11.4 If:

a) you breach any of your obligations as provided in the Terms; or

b) you have directly or indirectly, whether by written or oral statement or by conduct, stated or indicated that you do not intend to comply with the Terms; or

c) without limiting clause 11.4(b), you fail to make any payment due under the Terms or for any Services, FIVE may immediately and without notice to you:

d) terminate its agreement with you and your account in relation to any App and/or Service and/or suspend your access thereto ; and

e) prevent your further access to all or any part of the Apps and/or the Services.

11.5 Upon the termination of your agreement or account, you shall cease all use of the Apps (or, where relevant, any particular App) and Services and FIVE reserves the right to delete or deactivate your account and all data provided by you or about you.

11.6 If your agreement or account is terminated pursuant to clause 11.3 or if you choose not to accept any revised Terms, FIVE may (but isn’t required to) allow you to back up data stored by FIVE through the Apps in order to make it easier for you to access your account details if and when you subsequently decide to agree to the revised Terms in the future. If FIVE does permit you to back up your data, you understand that FIVE may delete or de-identify such data after a reasonable period has elapsed.

11.7 Without limiting any other provision, your obligations, undertakings, representations and warranties under the Terms shall to the fullest extent permitted by Law survive the termination or expiration of your agreement or account with us.

12. Feedback

12.1 Customer support is very important to us. Subject to the disclaimers set out in clause 19, FIVE’s customer support team will try to assist you, where possible, with any problems or questions you have with your Order, or any complaints regarding the Services or the Apps. You can contact our customer support team through the 'Support' section of the App (where relevant), or otherwise by emailing [email protected]

13. Intellectual Property Rights

13.1 You acknowledge and agree that FIVE owns or has obtained licences from third parties to all rights, title and interest (including Intellectual Property Rights) in the Apps and the Services, including in any improvements to the Apps and the Services, including but not limited to any suggestions, ideas, information, comments, process descriptions or other information that you provide to FIVE from time to time (“Feedback”). Nothing in these Terms is intended to transfer such right, title or interest to you.

13.2 Subject to your compliance with the Terms, FIVE grants you a non-transferable, non-exclusive, non-sublicensable, royalty free licence to install, view, use and access the Apps for the duration of your agreement with us in MALAYSIA solely for your legitimate personal purposes (which excludes seeking to commercialise the App or Services) and as authorised by FIVE or (where applicable) our third party licensors.

13.3 You may from time to time provide us with Feedback, whether pursuant to clause 12 or otherwise. You hereby agree to absolutely and unconditionally assign to FIVE all rights, title and interests (including all Intellectual Property Rights) in and to any Feedback immediately upon creation, free of all encumbrances and third party rights and you must at your own cost do all things necessary to give effect to such assignment, including executing any required documents or effecting any required registrations.

13.4 You acknowledge and agree that, without limiting clause 15, FIVE has the right to use, create derivative works of, distribute and otherwise commercially exploit anonymous, aggregate usage data derived from any Data.

13.5 You acknowledge and agree that FIVE intends to use and/or aggregate the Data in conjunction with other information collected or obtained by FIVE, and you agree that FIVE is permitted to disclose Data and Derivative Materials to any third party in its sole discretion and make full use of, commercialise and exploit the Data for those purposes.

14. Third party content

14.1 The App and/or Services may contain links to third party websites, such as Google Maps, services or advertisements for third parties (“Third Party Content”). Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, FIVE does not endorse and is not responsible for any Third Party Content and has no control over, or rights in, any Third Party Content.

14.2 Further, FIVE may use third party services, software and applications to provide the Apps, including for example third party payment services and analytics software. By using the Apps, you are agreeing to FIVE’s use of these third party services, software and applications, and you are agreeing to be bound by their applicable licences, terms of use and other policies.

15. Confidentiality

15.1 Subject to clause 14.2, you must not disclose, or use for a purpose other than those required by the Terms, any Confidential Information of FIVE.

15.2 Notwithstanding clause 16.1, you may disclose the Confidential Information of FIVE:

a) to FIVE;

b) in enforcing these Terms & Conditions or in a proceeding arising out of or in connection with these Terms & Conditions;

c) if required under a binding order of a Governmental Agency or under a procedure for discovery in any proceedings;

d) if required under any Law or any administrative guideline, directive, request or policy whether or not having the force of Law;

e) to your legal or professional advisors, where such persons have a need to know such information in connection with these Terms & Conditions; or

f) with the prior written consent of FIVE.

16. Your data and privacy

16.1 FIVE collects your personal information, including personal information provided when registering your account, your credit card or other payment information, your location information, information regarding your interaction with the Apps and the Services, your settings, and information contained in third party queries and feedback in connection with your use of the Apps or the Services, in order to:

a) provide you with, and improve and enhance, the Apps and the Services, including (where relevant, but without limitation) to find your nearest Location(s) and (where applicable) process payments to your nominated Payment Method;

b) register, administer and maintain your account;

c) provide you with personalised recommendations and advertisements for FIVE and third party products and services; and

d) for other purposes referred to in these Terms, our Privacy Policy and for other related purposes.

If you do not provide this personal information, FIVE may not be able to permit you to hold an account or provide you with access to some or all of the relevant App or some or all of the Services.

16.2 FIVE may disclose your personal information to third parties, including but not limited to, FIVE's retails, third party merchant facility providers such as payment gateway provider, information technology suppliers third party suppliers and other parties in order to provide the Apps and the Services, verify transactions to reduce fraudulent transactions, and for any other purposes set out in the Privacy Policy or the Terms.

16.3 We may also disclose your personal information to our related companies, or to other trusted business partners so that they can tell you about their products and services, and to other companies who assist us to market our products and services.

17. Representations and Warranties

17.1 You represent and warrant to FIVE that you will comply with all applicable Laws in your performance of your obligations under the Terms and will not infringe any Law or the rights of any third party.

18. Indemnities and Liability

18.1 You will defend, hold harmless and indemnify FIVE and their personnel (“Indemnified Parties”) from and against any and all Loss suffered or incurred by them arising out of or in connection with:

a) any data (including personal information) disclosed by you in connection with these Terms; or

b) a breach by you of the Terms.

18.2 You acknowledge and agree that FIVE has been irrevocably appointed to act as sole and exclusive agent of these Indemnified Parties for the purpose of recovering (whether through court proceedings or otherwise) the Losses of the Indemnified Parties and enforcing the indemnities.

18.3 To the fullest extent permitted by Law:

a) FIVE will not be liable for any Consequential Loss; and

b) any liability attributable to FIVE or its retailers in respect of any defective goods or Services produced by FIVE is limited to the following:

(i) in the case of goods:

(a) the replacement of the goods or the supply of equivalent goods; or

(b) the repair of the goods; or

(c) the payment of the cost of having the goods repaired;

And

(ii) in the case of services:

(a) the supply of the services again; or

(b) the payment of the cost of having the services supplied again.

19. Disclaimers

19.1 You acknowledge and agree that:

a) the Apps and the Services are made available "as is" and FIVE makes no warranties or representations about the Apps or the Services, including but not limited to warranties or representations that they will be accurate, current, reliable, timely, available, complete or of a certain quality, or that any data submitted, uploaded, input into, or otherwise displayed on the Apps will not be lost or corrupted, or that the App is free from defects, bugs, viruses, errors or omissions, or other harmful components, or that the App will operate in combination with any other hardware, software, system or data;

b) FIVE will not be liable for any direct or indirect Loss – irrespective of the manner in which it occurs – which may be suffered due to: (i) your use of the Apps and the Services; (ii) any inaccessibility or unavailability of the Apps or the Services; (iii) the fact that certain information or materials contained on the Apps are incorrect, incomplete or not up-to-date; (iv) any loss or corruption of any data submitted, uploaded, input, or otherwise displayed on the Apps by or about you; or (v) the inability of the Apps to operate in combination with any other hardware, software, system or data;

c) you are solely responsible for the accuracy and currency of any information that you input into the Apps or otherwise make available to FIVE and that FIVE will not be liable for any Loss caused by inaccurate information;

d) while FIVE tries to ensure the Apps are available twenty four (24) hours a day, FIVE is not under any obligation to do so, and FIVE will not be liable to you if an App is unavailable, or if your access is restricted, suspended or terminated at any time or for any period. The Apps may be subject to delay or downtime, and your access to the Apps or Services may be restricted to allow for repairs, maintenance or the introduction of new Services or features. FIVE will not be liable to any person or entity for loss or damage incurred by any downtimes or disruption to the Services under this clause, including due to any software or hardware operated by you or any third party;

e) while FIVE will take reasonable steps to ensure your account is secure, however cannot guarantee that it will always be available, secure, free from viruses or error-free; and by using the Apps you acknowledge and accept this risk;

f) FIVE does not accept any liability in relation to any third party content or materials available through the Apps; and

g) all warranties, representations or endorsements, express or implied, with regard to the Apps and the Services, including all implied warranties of merchantability, fitness for a particular purpose, or non-infringement are excluded from the Terms.

19.2 FIVE has no obligation to monitor your access to or use of the Apps or Services but has the right to do so for the purpose of ensuring your compliance with the Terms or to comply with applicable Law or an order or requirement of a court or Governmental Agency.

19.3 FIVE may make changes to the material on the Apps or to the Services, products and prices described on it, at any time without notice. Where this change will materially alter the Apps or Services, FIVE will notify you of such changes, where practicable.

19.4 Some features of the Apps may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The use of the Apps or Services may require access through your mobile network, which may result in additional charges depending on your payment plan. You acknowledge that the suitability and performance of your device or data access is solely your responsibility.

20. Disputes

20.1 You agree not to commence any court or arbitration proceedings relating to a Dispute unless you have complied with the provisions of clause 20.2.

20.2 A party claiming that a Dispute has arisen must promptly notify the other party in writing by giving details of the Dispute. The parties must use reasonable endeavours to resolve any Dispute.

21. General

21.1 Further assurances: Each party agrees to do all things and execute all deeds, instruments, transfers or other documents as may be necessary or desirable to give full effect to the provisions of the Terms and the transactions contemplated by it.

21.2 Entire agreement: The Terms contain the entire agreement between the parties with respect to its subject matter. It sets out the only conduct, representations, warranties, covenants, conditions, agreements or understandings (collectively “Conduct”) relied on by the parties and supersedes all earlier Conduct by or between the parties in connection with its subject matter. None of the parties has relied on or is relying on any other Conduct in entering into the Terms and completing the transactions contemplated by it.

21.3 No waiver: No failure to exercise or delay in exercising any right, power or remedy under the Terms operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

21.4 No merger: The rights and obligations of the parties will not merge on the completion of any transaction contemplated by the Terms. They will survive the execution and delivery of any assignment or other document entered into for the purpose of implementing a transaction.

21.5 Severability: Any provision of the Terms which is prohibited or unenforceable in Malaysia is ineffective to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of the Terms nor affect the validity or enforceability of that provision.

21.6 Assignment: You must not transfer, assign, charge, sub-contract or otherwise dispose of any of your rights or obligations arising under the Terms without FIVE's prior written consent. FIVE may transfer, assign, charge, sub-contract or otherwise deal with any of its rights and obligations under the at any time.

21.7 Governing Law and Jurisdiction: The Terms shall be governed by the laws of Malaysia, and the parties hereto submit to the jurisdiction of the Courts of Malaysia.

22. Definitions

The following definitions apply, unless the context requires otherwise:

App or Apps means the mobile application(s) currently named FIVE Petrol and any other or updated software or mobile applications which FIVE is providing or shall provide subject to the Terms.

Business Day means a weekday on which banks are open in Malaysia.

Confidential Information means all material, non-public, business-related information, whether written or oral or in any other form, whether or not it is marked as such, that is disclosed or made available to the receiving party, whether directly or indirectly, and whether through the Apps or your account or any document or correspondence or other means and includes, without limitation, any information and material concerning the contractual or commercial dealings, financial details, products or services (current or proposed), suppliers, affiliates, associates, partners, customers, employees, internal policy, the Intellectual Property Rights of you or FIVE or any dealings under the Terms..

Consents means any licences, clearances, permissions, certificates, permits, authorities, declarations, exemptions, waivers, approvals or consents.

Consequential Loss means any loss or damage suffered by a party or any other person which is indirect or consequential, including but not limited to loss of profits, loss of revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill or credit, loss of use or business opportunities (including opportunities to enter into or complete arrangements with third parties), loss of management time, damage to credit rating, or loss of business.

Data means data or information (excluding personal data or information) that you input into the App or provide to FIVE.

Derivative Materials means materials, data and insights derived or created by or on behalf of FIVE or the personnel of either in accordance with clause 13.5, which are based on, or created or derived from, the Data.

Discount has the meaning given to it in clause 8.1.

Dispute means a dispute between the parties arising out of or in connection with the Terms.

Feedback has the meaning given in clause 13.1.

Retail Services means the services described in clause 5.1.

Fuel Order has the meaning given in clause 4.2.

Fuel Services means the services described in clauses 4.1 and 4.2.

Intellectual Property Rights means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software) , trade mark, service mark, design, patent, trade secret, semi-conductor or circuit layout rights, trade, business, domain or company names, moral rights, rights in Confidential Information, know how or other proprietary rights (whether or not any of these are registered and including any application, or right to apply, for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.

Law means all laws of Malaysia including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles, requirements and determinations, mandatory codes of conduct, writs, orders, injunctions and judgments.

Location means a service station, petrol station or store run by FIVE.

Location Services means the services described in clause 3.

Loss means any claim, loss liability, cost or expense (including legal expenses on a full indemnity basis).

Offer Terms has the definition given to it in clause 8.2.

Payment Method means the payment methods offered by FIVE through the App at checkout, including payment by credit card, as may be updated or amended from time to time.

Privacy Policy means the privacy policy of FIVE.

Services means any or all of the Retail Services, Fuel Services and/or Location Services, as applicable.

Terms shall have the meaning as ascribed to it in clause 1.2.

Third Party Content has the meaning given to that term in clause 14.

23. FIVE Petrol Stations Listing

The following 5Petrol stations are equipped with the latest FIVE Petrol features and these stations will be updated from time to time:

1. 5PETROL KALUMPANG
2. 5PETROL IJOK
3. 5PETROL KLUANG
4. 5PETROL RAUB
5. 5PETROL BESUT
6. 5PETROL LUKUT
7. 5PETROL TELOK KEMANG
8. 5PETROL PASIR PANJANG
9. 5PETROL LABU
10. 5PETROL JALAN HANG TUAH
11. 5PETROL KUALA KURAU
12. 5PETROL MAMBANG DIAWAN
13. 5PETROL NILAI
14. 5PETROL MANTIN
15. 5PETROL SEGARI
16. 5PETROL TANJUNG KARANG
17. 5PETROL KEPONG
18. 5PETROL JALAN KODIANG
19. 5PETROL KG BELANTIK
20. 5PETROL BATU ARANG
21. 5PETROL KG LEMBAH PALAS
22. 5PETROL FELDA JENGKA 10
23. 5PETROL FELDA SUNGAI TEKAM UTARA
24. 5PETROL KUALA KRAU
25. 5PETROL JALAN MARAN
26. 5PETROL KG SG ULAR
27. 5PETROL JALAN TRAS
28. 5PETROL SUNGAI JERIK
29. 5PETROL KUALA BERANG
30. 5PETROL GUAR NANGKA
31. 5PETROL LINGGI
32. 5PETROL SEGAMAT HIGHWAY (without Outdoor Payment)
33. 5PETROL BUKIT SELAMBAU (without Outdoor Payment)
34. 5PETROL KAMPUNG KUBUR PANJANG (without Outdoor Payment)
35. 5PETROL KAMPUNG MUSA (without Outdoor Payment)
36. 5PETROL KAMPUNG RANTAU PANJANG (without Outdoor Payment)
37. 5PETROL KAMPUNG TITI AKAR (without Outdoor Payment)
38. 5PETROL KUBANG ROTAN (without Outdoor Payment)
39. 5PETROL PADANG SERA (without Outdoor Payment)
40. 5PETROL TELEMONG (without Outdoor Payment)
41. 5PETROL FELDA NERAM 1 (without Outdoor Payment)

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