Terms and Conditions

Please read these terms and conditions carefully before you start to use the Site and/or the Services. By using the Site and/or the Services, you indicate that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using the Site and the Services.

Conditional Use Of Our Site And Services

Your permission to use the Site is conditional upon your agreement that you:

1.  are 18 years of age or older;

2.  will comply with these terms and conditions;

3.  will provide accurate information when creating an account or registering for our Services; and

4.  are solely responsible for your User ID and the activity that occurs while signed in to or while using your User ID.

Your Account

You will need to create an account with us. If you choose to create an account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use.

You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization

Non-Confidentiality, Security And Privacy

You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by Ensogo Malaysia, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Deal, other than your credit card information, may be disclosed by us to the Ensogo Malaysia Merchant for their commercial purposes including to provide the Deal. Our Privacy Policy explain how we collect, use and disclose information that relates to your privacy.

Any communications between you and Ensogo Malaysia, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.

Links To Third Party Sites

We don't have control over websites that Ensogo Malaysia may link to. Ensogo Malaysia may contain links to third party websites that are not owned, operated, or controlled by Ensogo Malaysia. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party website. By using Ensogo Malaysia you expressly relieve us from any and all liability arising from your use of any third party website.

 

Ensogo Malaysia Deals And Ensogo Malaysia Shop: Additional Terms

Ensogo Malaysia provides consumers with opportunities to purchase:

1.  products and services from third businesses ("Merchants") with a time limited promotional added value (a"Deal"); and

2.  products offered for sale through the Ensogo Malaysia Shop.

 

Ensogo Malaysia Shop

These terms and conditions (together with the fine print listed against each item in the Ensogo Malaysia Shop) govern your purchases from the Ensogo Malaysia Shop. Please read these terms and conditions carefully and make sure that you understand them, before placing an order with Ensogo Malaysia Shop. You should understand that by placing an order with the Ensogo Malaysia Shop, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

How It Works

The Ensogo Malaysia Shop offers you great products, which are available for a limited period and for a discounted price.

All Ensogo Malaysia Shop promotions are limited in terms of time and stock and all orders are subject to availability. Due to the nature of our business, we do not hold the item in stock. Instead, we would have reserved the items with our supplier for the duration of the promotion and only ordered it from our supplier at the end of the sale and therefore we may have to wait to receive items from our suppliers.

The products listed in the Ensogo Malaysia Shop are for sale solely in Malaysia. Unfortunately, the Ensogo Malaysia Shop cannot accept orders from or deliver to addresses outside Malaysia.

After placing an order with the Ensogo Malaysia Shop, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been confirmed or accepted. Your order constitutes an offer by you to purchase the item(s) you have ordered. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you a further e-mail confirming when your order has been shipped. We will notify you if for any reason we do not accept your order, or any part of it (in which case we shall not take payment from you in respect or the cancelled order, or the partially cancelled order). The circumstances where we may not accept your order include:

1.  where the item you have ordered is no longer available in stock;

2.  where your payment has not been authorised;

3.  where we have identified a pricing or product description error; and/or

4.  where you have not complied in any way with these terms and conditions.

We will not be obliged to fulfil any other item(s) which may have been part of your order, unless and until the shipment of such item(s) has been confirmed.

You are required to create an account in order to purchase from the Ensogo Malaysia Shop. An account is required so we can collect information to allow you to pay for your purchase and provide you with easy access to view your past purchases and modify your preferences.

The Contract will be concluded in English, and the details of your specific Contract will not be filed by Ensogo Malaysia.

Cancellation

All purchases are final and the products are non-returnable unless there is a fault identified within 7 days of item receipt, Product Faults, below. There will be no refunds issued after 7 days of receipt of product. Any returns after 7 days are handled on a case-by-case basis. Within reason, we will do what we can to ensure customer satisfaction.

To exercise your right of cancellation, follow the below Refund Process. Provided you cancel your purchase or contact us in in the case of wrong items or faulty items within 7 days of item receipt, we will be happy to issue a refund for the price you had paid for the product.

While we try and ensure that all prices and information on our website are accurate, errors may occur. If we discover an error in the goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price / information or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Refund Process

1.  Call us at 03-2604 5333 or email us at my.help@ensogo.com within 7 days of receipt of product to approve your return

2.  Return approved product back to Ensogo Malaysia office, Ensogo provides RM6 Ensogo Credits for return shipping fee

3.  After we confirm receipt of returned product, a refund will be made with Ensogo Credits

Where you have cancelled a Contract (in full or in part), we will refund the full price you had paid for the cancelled item(s), including the Ensogo Malaysia delivery charge (if any). Please note though that, if you are cancelling only certain items under a Contract, we will not refund the Ensogo delivery charge to the extent that that charge would have applied to the non-cancelled items. We will endeavour to process the refund due to you as soon as possible and, no later than 30 days from the day on which we gave you notice of cancellation.

Product Faults

In the event that an item you have purchased from Ensogo Malaysia is faulty, not as described, or not fit for purpose (a “Fault”), please contact us within 7 days of receipt of product with full details, including which item the Fault relates to, the date when you purchased and the corresponding voucher number / order number, and the nature of the Fault. Ensogo Malaysia reserves the right to make the determination as to whether a Fault exists with the product.

Delivery

Please note that time-scales for delivery and delivery charges will vary depending on the availability of the items ordered, and your address. Please allow for extra time for deliveries to outside of the Kuala Lumpur metro area. We cannot accept orders from or deliver to addresses outside Malaysia. Please ensure that you have provided complete delivery address.

Our Shipping Confirmation will notify you of the delivery method used. Occasionally our delivery to you may be affected by an event outside of our control.

If no one is available at your address to take delivery, our delivery partner will make a maximum of two delivery attempts before returning the order to us, in which case, we reserve the right to consider that you have rejected delivery and that the Contract is therefore cancelled. In the event of cancellation of the Contract for non-delivery, kindly contact us within 2 weeks, or else your item will be forfeited.

Delivery of an order shall be completed when we deliver the item(s) to the address you gave us when placing your order. You own the item(s) once we have received payment in full from you in respect of such item(s) – unless and until the Contract is cancelled, in which case ownership of the item(s) reverts to us on our refund to you in respect of the cancelled item(s). The item(s) will be your responsibility from the completion of delivery of such item(s).

Price And Payment

The price of all items for sale through the Ensogo Malaysia, and our delivery charges in respect thereof, will be as quoted on the Ensogo Malaysia site from time to time, except in cases of obvious error.

Where applicable, all prices listed include/exclude applicable GST tax (and we reserve the right to increase our prices to cover any increase in the rate of GST tax).

Our prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.

 

Tax Invoices

Products

Electronic tax invoice will be issues by Ensogo Malaysia upon payment. Physical tax invoice will be issues to Customer upon request, otherwise customers are deemed to be agreed on the issuance of Electronic tax invoice.

Daily Deal

Tax invoice will be issued by Ensogo's Partner upon redemption

 

Daily Deals

These terms and conditions (together with the fine print listed against each Deal on the Ensogo Malaysia Site) govern your purchase of an Ensogo Malaysia Deal. Please read these terms and conditions carefully and make sure that you understand them, before purchasing an Ensogo Malaysia Deal. You should understand that by purchasing an Ensogo Deal, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

How It Works

By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you’ve placed your order, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. We will notify you by email when the Coupon (defined below) for the Deal is ready to be used. You are required to create an account in order to purchase any Deal. An account is required so we can collect information to allow you to pay for your Deals and provide you with easy access to print your Deals, view your past purchases, and modify your preferences.

Expiration Dates

The expiration date for a Coupon is as printed on the Coupon.

The Merchant is obligated to honour the Coupon in compliance with law. If the Merchant refuses to honour the Coupon before the relevant expiration date, then Ensogo Malaysia will refund the paid portion of your Coupon in the form of a credit for future Deals (what we currently call “Ensogo Credits”). In order to receive the credit, you must provide the following information in writing to my.help@ensogo.com: (a) identification of the Coupon and Merchant with whom you sought to redeem the Coupon, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Coupon, and (c) a true and accurate statement that the Coupon has never been redeemed with the Merchant. Ensogo Malaysia reserves the right to investigate and make the final determination as to whether a refund for Ensogo Credits will be granted. If the Merchant goes out of business before the relevant expiration date and before you have redeemed your Coupon, then Ensogo Malaysia will refund the paid portion of your Coupon, provided that you contact Ensogo Malaysia before the expiration date of the Coupon.

 

Ensogo Credits

"Ensogo Credits" are a form of Ensogo currency that may be applied as a credit towards future non-product Ensogo purchases, unless the deal’s fine print prohibits the application of Ensogo Credits. Promotional Ensogo Credits expire in accordance with the terms of the particular promotion. Ensogo Credits will be applied toward future "purchase". All Ensogo Credits may only be applied towards purchases that are in the same currency.Ensogo Credits are not returnable or refundable for cash, except where required by law. Resale of Ensogo Credits is strictly prohibited.

 

Deal Specific Terms

Each Deal has specific terms associated with the Deal, which will be presented to you before you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in these terms and conditions, except to the extent such terms are prohibited by applicable law.

 

Voucher Terms

1.  Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:

2.  no cash value for any Coupon;

3.  no change, cash back or credit will be issued for partial redemption of the paid portion of a Coupon, except as required by law;

4.  no change, cash back or credit will be issued for partial redemption of the promotional portion of a Coupon;

5.  use of a Coupon for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable law), unless otherwise noted on the Coupon;

6.  Coupons cannot be combined with any other coupons or promotions unless otherwise noted on the Coupon;

7.  Coupons cannot be redeemed against any taxes, tips, prior balances or purchases, shipping or handling, unless otherwise noted on the Coupon;

8.  neither Ensogo Malaysia nor the Merchant is responsible for lost or stolen Coupons or Coupon reference numbers; and

9.  Coupons are issued to you personally and duplicate use, sale or trade of a Coupon is prohibited.

 

Merchant Responsibility

To be clear, Ensogo Malaysia markets the Deals and acts an as agent in selling the Coupons on behalf of the Merchants. But the Merchant is the issuer of the Coupon. As issuer of the Coupon, the Merchant shall be fully responsible for any and all loss, injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a Coupon issued by the participating Merchant and to use the Coupon according to its terms and these terms and conditions. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.

 

Promotions Of The Deal Programme

From time to time we may offer special promotions, contests and/or draws intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to determine and apply these rules in our sole discretion.

Products Available For Sale

The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Ensogo Malaysia reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Coupon for any product or service to a person residing in any jurisdiction or geographical area. Ensogo Malaysia does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.

 

Cancellations And Refunds

Once coupons are delivered to your account, you are no longer permitted to cancel. Any returns after delivery to your account are handled on a case-by-case basis within the voucher validity date. Within reason, we will do what we can to ensure customer satisfaction.

 

Playing Nicely

Some of the Deals are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Deal. Any attempt by a purchaser to obtain more than the permitted number of Coupons specified for a particular Deal by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. Ensogo Malaysia will determine, in our sole discretion, whether purchase characteristics indicate a breach of these rules.

 

Travel Deals Terms

All travel deals exclude personal insurance, applicable transport taxes and surcharges, visa fee (if required), room service, optional tours, tour guide and/or driver tipping, and all personal expenses, unless otherwise stated.

For travel deals with flight, surcharges are expected during peak periods, weekends, school holidays, eve of public holidays & public holidays

All travel deals are contracted under Ensogo Malaysia

It is the customers' responsibility to ensure that they hold valid travel documents (passports, visas and any other documentation required by law to enter a country) and comply with the entry, exit, transit or other requirements of the countries they are travelling to. Ensogo Malaysia and its partners will not be liable in any way for any consequences arising out of you not fulfilling the aforementioned requirements.

Ensogo Malaysia and/or its subsidiary will not be responsible for any payment, surcharge or arrangement made to merchant directly.

 

Services, Dining, Wellness and Activities Deals Terms

These terms and conditions (together with the fine print listed against each Deal on the Ensogo Malaysia Site) govern your purchase of an Ensogo Malaysia Deal. Please read the deal’s terms and conditions carefully and make sure that you understand them, before purchasing an Ensogo Malaysia Deal. You should understand that by purchasing an Ensogo Malaysia Deal, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

 

Termination

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate or vary these terms and conditions at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you breach any of these terms and conditions (save that, we may not vary or terminate these terms and conditions as they relate to a pre-existing purchase of a Deal or a purchase from the Ensogo Malaysia Shop). In the event of any termination, you will immediately stop using our Site and our Services. Any purchase of a Deal or purchase from the Ensogo Malaysia Shop pre-dating termination will be honoured according to these terms and conditions.

 

Disclaimer

We provide the Site and Services "as is", "with all faults" and "as available." We and our suppliers and Merchants make no express promises or guarantees about the Site, Services or Deals. To the maximum extent permitted by law, we and our employees, agents, suppliers, and merchants disclaim any implied contractual promises that the site and services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not promise or guarantee that the results that may be obtained from the use of Ensogo Malaysia, including any services or deals, will be effective, reliable, accurate or meet your requirements. We make no promises as to privacy and security other than as expressly stated in our privacy policy. We do not promise or guarantee that you will be able to access or use the site or services at times or locations of your choosing. No oral or written information or advice given by an Ensogo Malaysia representative shall create any contractual promise. You may have additional consumer rights under your local laws that this contract cannot change.

 

Our Liability

Except as relates to purchases of purchases from Ensogo Malaysia, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

1.  All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:

1.  loss of income or revenue;

2.  loss of business;

3.  loss of profits or contracts;

4.  loss of anticipated savings;

5.  loss of data;

6.  loss of goodwill; nor

7.  wasted management or office time, and

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Our Liability: Ensogo Malaysia

Where you have purchased from the Ensogo Malaysia, we accept responsibility for any loss or damage you suffer where that loss or damage is a foreseeable result of our breach of these terms and conditions, or of our negligence. Loss or damage is foreseeable if an obvious consequence of our breach/negligence, or if they were contemplated by you and us at the time of concluding the contract. Please note that goods sold via Ensogo Malaysia are intended for domestic and private use. You agree not to use such goods for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects or delivery of an order to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

Your Liability

You agree to compensate Ensogo Malaysia, for all losses, expenses and other costs (including but not limited to reasonable legal fees) incurred by Ensogo Malaysia which are caused by your breach of these terms and conditions. This compensation obligation will survive the termination or expiry of these terms and conditions and your use of Ensogo Malaysia.

 

Reservation Of Rights And Release

Ensogo Malaysia reserves the right, but has no obligation, to monitor, or take any action Ensogo Malaysia deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you waive and release us from any and all claims or liability related to any content posted on the Ensogo Malaysia Site and from any and all claims related to the conduct of any other customers of ours or any Merchants.

 

Changes To These Terms And Conditions And Waivers

We may change the terms of these terms and conditions from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in these terms and conditions. If you do not agree to any changes, if and when such changes may be made to these terms and conditions, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to these terms and conditions indicates that you agree to such modified terms and conditions. Any changes to these terms and conditions (other than as set forth in this paragraph) or agreement by Ensogo Malaysia’s not to enforce its rights under these terms and conditions shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Ensogo Malaysia. No purported agreement not to enforce any right or modification of these terms and conditions by Ensogo Malaysia via telephone or email shall be valid.

 

General Terms

You and we are independent parties, and nothing in these terms and conditions creates a partnership, employment relationship or agency. You may not assign or novate these terms and conditions or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of these terms and conditions be held ineffective, invalid or unenforceable by a court or regulator, the other provisions shall continue to apply. If you breach these terms and conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions. Our rights under these terms and conditions will survive any termination of these terms and conditions.

You represent that you are legally able to accept these terms and conditions. You confirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to comply with these terms and conditions. If you aren't, you must please stop using our Site and our Services.

 

Jurisdiction And Applicable Law

The Malaysian courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site, a contract to purchase a Deal, or a contract to purchase from the Ensogo Malaysia (although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country). These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Malaysia.

These terms and conditions and all documents and communications directly or indirectly relating to it shall be in the English language.