HAPPIETOKEN STANDARD TERMS AND CONDITIONS
EVENT ORGANISER TERMS & CONDITIONS
These Terms & Conditions apply to all appointments of an event organiser to use the HappieToken platform for events, campaigns, roadshows, exhibitions, or other promotional activities (collectively, “Events”).
Provision of Platform Services
- HT Voucher Trading Sdn Bhd [Registration No: 202401035271 (1581118A)] (“HappieToken”) provides a digital platform for the issuance, distribution, and redemption of electronic vouchers (“Vouchers”).
- “Platform Services” means the digital services made available by HappieToken through the Platform for the issuance, display, distribution, and redemption of Vouchers, including access to the merchant dashboard, voucher creation tools, redemption scanning tools, data analytics, and related administrative functions.
- “Platform” means the digital platform and related interfaces operated by HappieToken, including its web portal, mobile applications, databases, and connected systems that enable the creation, distribution, display, and redemption of Vouchers and access to the Platform Services.
- HappieToken acts solely as a technology provider. It is not the organiser of any Event, does not supervise merchants, and does not engage in customer-facing activities.
Nature of Relationship
- HappieToken acts solely as a technology and platform provider.
- HappieToken does not collect, hold, manage, process, or settle funds for or on behalf of the Organiser or any other person.
- The event organiser (“Organiser”) assumes full commercial and operational responsibility for the Event, participating merchants, and all voucher-related arrangements.
Voucher Policy and User Handling
- The Organiser is solely responsible for establishing, publishing, and administering its voucher usage and refund or cancellation policy (“Organiser Policy”).
- All user and merchant inquiries, complaints, assistance requests, disputes, refunds, reversals, or adjustments are the sole responsibility of the Organiser.
- No refunds are payable by HappieToken to the Organiser, any merchant, or any user under any circumstances.
- Unused or unredeemed Vouchers remain at the Organiser’s discretion, including for reallocation, roll-over to subsequent Events, or for analytical and remarketing purposes.
Merchant Relationships
- The Organiser is responsible for onboarding and contracting with all merchants participating in the Event.
- The Organiser must ensure that each merchant:
- honours valid Voucher redemptions;
- complies with all applicable laws and regulations; and
- handles any data shared with it in accordance with Clause 5.
- HappieToken shall not be responsible or liable for, and shall not be required to participate in, any dispute, complaint, claim, or issue arising between the Organiser, merchants, or users in relation to the Event or the Vouchers.
Data Protection
- The Organiser is responsible for obtaining valid consent from attendees and merchants for the collection, use, disclosure, and processing of personal data in connection with the Event, including any personal data shared with HappieToken or participating merchants.
- The Organiser may access information generated through the Platform relating to voucher usage and Event activity, including aggregate user behaviour, merchant participation patterns, and redemption performance metrics (“Performance Data”).
- The Organiser may also receive the contact details and activity data of users who redeem Vouchers (“User Data”).
- Subject to compliance with the Personal Data Protection Act 2010 (“PDPA”), the Organiser may:
- import User Data into its internal database or CRM system;
- use User Data to analyse consumer trends and market behaviour;
- use User Data and Performance Data to plan and promote future Events, campaigns, or promotions;
- send Event updates, promotional offers, or membership invitations to users, provided that express consent has been obtained for direct marketing; and
- share User Data with participating merchants for redemption fulfilment or customer follow-up directly related to the Voucher.
- The parties acknowledge and agree that:
- HappieToken remains the owner of all data collected, generated, or stored through the Platform, including User Data, Performance Data, aggregated datasets, analytics outputs, and data models;
- the Organiser is granted a limited, revocable, non-transferable licence to use User Data and Performance Data solely for lawful purposes consistent with these Terms & Conditions and the PDPA; and
- no rights of ownership, control, export, or unrestricted commercial exploitation of User Data or Performance Data are transferred to the Organiser under these Terms & Conditions.
- The Organiser shall ensure that User Data and Performance Data are handled in compliance with the PDPA and any applicable data protection laws, and shall ensure that any user’s request to unsubscribe or withdraw consent is honoured promptly.
- The Organiser acknowledges that it is an independent data user and controller of any User Data it obtains through the Platform. The Organiser is solely responsible for ensuring its own compliance with the PDPA and all other applicable data protection laws in relation to the collection, storage, use, disclosure, and processing of User Data. HappieToken shall not be responsible for, and disclaims all liability arising from, any act, omission, or breach of the PDPA or any other law by the Organiser, its personnel, contractors, or affiliates in connection with the Organiser’s handling or use of User Data or Performance Data.
- The Organiser acknowledges that User Data and Performance Data may include self-entered or system-generated information which may not be complete or accurate. HappieToken does not warrant the accuracy or reliability of such data and shall not be liable for any decisions made based on it.
- HappieToken retains all intellectual property rights in and to the Platform, the Platform Services, data structures, analytics models, aggregated datasets, User Data, and Performance Data. No rights are granted to the Organiser other than the limited, revocable right to access and use such data as expressly stated herein.
- HappieToken may process personal data for the purpose of providing the Platform Services and may use aggregated, anonymised, and non-personally identifiable data for analytics, reporting, optimisation, research, and service improvement.
Platform Risks
- The Platform Services are provided on an “as is” and “as available” basis. HappieToken does not warrant uninterrupted access or error-free operation.
- The Organiser acknowledges that the Platform Services may be subject to technical risks, including:
- temporary system downtime or service disruption;
- QR code scanning interruptions;
- potential double-redemptions; and
- user self-entered data which may be inaccurate or unverifiable.
- The Organiser assumes all commercial and operational risks associated with the use of the Platform Services.
Indemnity
- The Organiser shall indemnify and hold harmless HappieToken (including its employees, directors, and affiliates) from all claims, losses, liabilities, damages, costs, penalties, and expenses (including legal fees) arising from or relating to:
- the Organiser’s management or conduct of the Event;
- acts or omissions of participating merchants or users;
- the Organiser Policy, refunds, reversals, or non-fulfilment of Vouchers;
- the Organiser’s handling or processing of data; or
- any breach of these Terms & Conditions.
Limitation of Liability
- HappieToken shall not be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages, including loss of profits, business interruption, reputational harm, or data loss.
- HappieToken’s total aggregate liability arising out of or in connection with any Event shall not exceed the total fees actually received from the Organiser for that Event.
No Assignment
The Organiser may not assign or transfer any part of this engagement without HappieToken’s prior written consent.
Confidentiality
Each party must keep confidential all non-public information disclosed by the other party, except where disclosure is required by law.
Amendments
No amendment or variation shall be effective unless agreed in writing by both parties.
Governing Law
These Terms & Conditions are governed by the laws of Malaysia. The parties submit to the exclusive jurisdiction of the Malaysian courts.