Welcome to the Friendster Wallet service (the “Service”) provided by Friendster Sdn. Bhd. (“we,” “us,” or “Friendster”) powered by MOL AccessPortal Sdn Bhd. Your registration as a Friendster Member will come with a Friendster Wallet account (your “Wallet”) or by using the Service for any transaction, you are agreeing to be bound by these Terms of Service (this “Agreement”).
This Agreement sets out the legally binding terms for the use of this Service. The Friendster Wallet may be used to purchase credits called Friendster Coins (“Coins”) and to receive certain credits from us or our third party providers called Friendster Chips (“Chips”) and to use Coins and Chips (collectively, “Friendster Currency”) to purchase or use goods or services from us or third parties as provided in this Agreement. The amounts and type of Friendster Currency in your Wallet at any given time is referred to in this Agreement as your “Balance.”
We may modify this Agreement at any time without prior notice. All such modifications will be effective upon posting on the Friendster website, located at www.friendster.com (“Website”). Any use by you of the Service after the posting of any such modification will constitute your agreement to that modification.
Registration, Wallet, and Payment Information
By using the Service: (i) you represent and warrant that all of the information you provide during the registration and sign-in process is true, accurate, current, and complete; (ii) you agree to provide true, accurate, current, and complete information about yourself, your payment sources, and any purchase transactions as and when requested by us in connection with your use of the Service or your Wallet; and (iii) you agree to maintain and promptly update all such information to keep it true, accurate, current and complete throughout your use of the Service. If you provide, or if we (or any of our third party service providers) have any reason to believe that you have provided, any information about yourself or in connection with any payment source or purchase transaction that is untrue, inaccurate, not current, or incomplete, we (or such third party service provider, as applicable) shall have the right to suspend or terminate your Wallet and refuse any and all current or future use of the Service without any liability to with respect to such termination. If we decide to terminate your Wallet due to any breach on your part, the terms of this Agreement, you will be allowed to use your unused Coins before your Wallet is blocked.
You are fully responsible for all activities that occur in connection with your Wallet. You agree to notify us immediately of any unauthorized use of your wallet or any other breach of security relating to your Wallet. You cannot transfer your Wallet to any other person, nor may you allow any other person to use your Wallet.
Friendster Coins, Top-Up Transactions, and Wallets
Once your Wallet is created, you may purchase Coins either online or through a physical retail location and credited to your Wallet (a “Top-Up Transaction”). Coins may only be used to purchase goods or services through the Website, Friendster’s mobile site at m.friendster.com (the “Mobile Site”), or through certain third party websites or applications which permit the use of Coins. PURCHASES OF COINS ARE NON-REFUNDABLE, AND COINS ARE NOT REDEEMABLE FOR ANY SUM OF MONEY OR MONETARY VALUE. Coins may not be sold or traded to, shared with, or otherwise transferred to any other person.
You will be notified of the purchase price for Coins at the time of each Top-Up Transaction. We may adjust the purchase price for Coins at any time and without notice to you. All purchases of Coins shall be referenced in U.S. Dollars. If you purchase Coins using a currency other than U.S. Dollars, you will be notified of the applicable currency exchange rate at the time of each Top-Up Transaction. Applicable exchange rates will be based on rates set by Maybank Berhad which can be found at www.maybank2u.com
If we terminate your Wallet due to a breach on your part, the terms this Agreement or if you voluntarily terminate your Wallet, you will be allowed to use your unused Coins before your Wallet is blocked or terminated.
The maximum value of Coins in your Wallet cannot exceed US$125 at any one time.
We may refuse to complete any requested Top-Up Transaction at any time and for any reason, in our sole and absolute discretion. We may stop selling Coins at any time and for any reason, with or without notice to you.
You may purchase Coins online or through certain authorized physical retail locations. Online purchases may be made through credit or debit cards or through a variety of banking channels.
When you use an online payment source to complete a Top-Up Transaction, you represent and warrant that you are authorized to use that payment source and to complete that Top-Up Transaction. You authorize us to collect and store all information that you provide to us regarding any online payment source, along with other related transaction information. When you complete a Top-Up Transaction, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the Top-Up Transaction. If you pay for Coins using a credit or debit card we (or our designated payment processor) may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a Top-Up Transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. You are responsible for all interest, processing fees, overdraft charges, and other amounts charged by your bank or credit card provider in connection with any Top-Up Transaction.
Friendster may credit Chips to your Wallet in connection with certain promotions or similar campaigns. You may use Chips solely to purchase certain limited goods or services through the Website, the Mobile Site, or other third party websites or applications. Chips are not Coins and may not be exchanged for or converted into Coins or cash. Chips may only be used for purchases of goods or services as and when determined by Friendster, in its sole and absolute discretion. We reserve the right to accept or reject Chips for any purpose at any time and for any reason. At the time that Chips are issued, we may designate an expiration date for the Chips at which time any unused Chips will be lost.
Chips may only be used for valid purchases of goods or services from a source designated by us. We may stop issuing Chips at any time and for any reason, with or without notice to you. Upon the termination of your Wallet for any reason, you will lose the entire unused balance of Chips, regardless of whether or not your Wallet is subsequently reactivated.
Using the Service and Your Wallet
You may not use Friendster Currency to make payments (i) for any illegal goods, services, or other activities, (ii) to any third party who is not an authorized Friendster provider, or (iii) for any other unauthorized, illegal, or improper purpose. Doing so will result in your Wallet and the Service being terminated.
NEITHER FRIENDSTER NOR ANY OF OUR THIRD PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES THAT ARE PURCHASED WITH FRIENDSTER CURRENCY, REGARDLESS OF WHETHER SUCH GOODS OR SERVICES ARE PURCHASED THROUGH THE WEBSITE OR THROUGH ANY OTHER SOURCE. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THE WEBSITE OR PURCHASED USING FRIENDSTER CURRENCY.
When you confirm a purchase of goods or services using Friendster Currency, you agree to be bound by and pay for the goods or services purchased in that transaction, including all taxes, fees, shipping costs, and other charges.
All purchase transactions through the Website or the Mobile Site using Friendster Currency are final. There are no refunds, returns, or exchanges. If the goods or services you purchase using Friendster Currency cannot be delivered or made available to you for any reason, your only remedy is to receive a refund of the applicable Friendster Currency.
If you purchase goods or services from any third party using Friendster Currency, you may be asked to agree to separate terms of service or other agreements with that third party before such transaction is completed, whether that purchase is made through the Website or through that third party’s website. Those additional agreements may include return, exchange, or refund policies, privacy policies, or shipping terms for tangible goods. Those terms or agreements will be in addition to this Agreement and will govern that particular transaction.
Third Party Service Providers
Protection of Friendster and Third Parties
In connection with providing and maintaining Wallets, executing Top-Up Transactions, or completing purchases of goods and services using Friendster Currency, we (or our third party service providers) may take any one or more of the following actions, without your permission and with or without notice to you, if we believe that any activity violates any law or the terms of this Agreement or otherwise in order to prevent financial loss by any person:
- Make any inquiries, either directly or through third parties, concerning your identity and creditworthiness;
- Contact your bank or other payment source issuer, law enforcement or other governmental agencies, or any impacted third parties (including other Wallet holders) and share details of any Top-Up Transactions or payments you are associated with;
- Delay or cancel any Top-Up Transaction or purchase of goods or services for a reasonable period of time;
- Disallow or limit any payment source for a Top-Up Transaction;
- Restrict your use of Friendster Currency to make certain purchases;
- Deduct from your Wallet any Friendster Currency purchased or otherwise obtained by you in violation of this Agreement; or
- Suspend your Wallet either temporarily or permanently.
If any of the above actions results in the loss of any Friendster Currency balance, you will not have any right to any refund or credit with respect to such Friendster Currency.
Disputes; Charges; Delayed or Failed Transactions
If you believe that any unauthorized or improper activity with respect to your Wallet has occurred (including any unauthorized purchases of goods or services or deductions of Friendster Currency), you agree to notify us immediately, so that we may take action to prevent any financial loss. If you fail to notify us about any such unauthorized activity within fourteen (14) days after the occurrence (or such longer period thereafter as may be required by applicable law), you waive any and all claims against us with respect to such unauthorized or improper activity.
You are solely responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties, and other liability incurred by us (including costs and related expenses) that are related to, caused by, or arise out of the establishment or use by you of the Service or your Wallet, any Top-Up Transactions, or any purchase of goods or services using Friendster Currency.
Neither we, nor any of our third party service providers, will be responsible in any way for any purchases of goods or services from any third party using Friendster Currency. Any return, exchange, refund or other dispute with regard to any such transaction will be between you and the applicable third party only. Friendster and its applicable third party service providers are acting solely as payment agents. Notwithstanding the foregoing, in our sole and absolute discretion, we may intervene in a dispute between you and an authorized third party provider of goods or services concerning payments, but have no obligation to do so.
Neither we nor any of our third party service providers are responsible for any delayed or failed Top-Up Transactions or purchases of goods or services due to technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. In the event of any such delay or failure, prior to the completion of any Top-Up Transaction or purchase, you may request that such Top-Up Transaction or purchase be cancelled, and we will use commercially reasonable efforts to cancel it. Otherwise, your sole remedy for any such delay or failure is to request that your transaction be completed at a later time.
Warranties; Limitation of Liability
The Service, your Wallet, and other services provided by us or our third party service providers in connection therewith are provided “AS-IS” and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Website shall create any warranty not expressly stated herein.
Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website, the Service, or your Wallet, even if we have been advised of the possibility of such damages.
Except as otherwise expressly provided above or as otherwise required by law, if there is any dispute between you and us about or involving the Service, you agree (i) that the dispute shall be in all respects subject to, governed by and construed in accordance with the laws of Malaysia, without regard to the conflicts of laws principles thereof, and (ii) The parties shall not raise in connection with, and hereby waive, any defence based upon the venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service and process or the like in any such action or suit brought in Malaysia.
You agree to indemnify and hold Friendster, its subsidiaries, affiliates, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or relating to: (i) your use of the Service or your Wallet (including any Top-Up Transactions or purchases of goods or services) in violation of this Agreement; (ii) any other breach of this Agreement by you; or (iii) any breach of your representations and warranties set forth above.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us arising out of or relating to this Agreement.
Although this Agreement and your Wallet may be terminated by you at any time and for any reason and the Service and your Wallet may be terminated by us as provided herein, the terms of the introductory paragraphs of this Agreement, as well as the following sections of this Agreement, will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Section 1, Section 2(c), Section 3(b), Section 5, Section 8, Section 9, and Section 10.
Please note that some countries may restrict or prohibit your ability to make payments or execute other transactions through the Service or your Wallet. Nothing in this Agreement should be read to override or circumvent any such foreign laws.