Terms of Service

Last Updated: January 7, 2025

1. Agreement to Terms

These Terms of Service ("Terms", "TOS") constitute a legally binding agreement between you and Elegant Aspire Sdn Bhd (Company No: 200801017132 (818425-M)) ("Company", "we", "us", or "our") concerning your access to and use of the MK Parking Payment System platform.

2. Service Description

2.1 Platform Overview

MK Parking Payment System is a digital parking payment platform that enables:

• Cashless parking transactions
• Credit-based parking payments
• Monthly pass subscriptions
• Vehicle registration and management
• Transaction history and reporting
• Electronic invoicing (MyInvois compliant)

2.2 Service Scope

Our Service facilitates payment processing and account management. We do not operate parking facilities and are not responsible for facility operations, security, or vehicle safety.

3. Account Creation and Management

3.1 Registration Requirements

To use our Service, you must:

• Be at least 18 years of age
• Provide accurate and complete registration information
• Possess a valid Malaysian IC or business registration
• Own or have authorization to register vehicles
• Accept these Terms of Service

3.2 Account Security

• You are responsible for maintaining account confidentiality
• You must use a strong, unique password
• You must not share your credentials with others
• You must notify us immediately of any security breach
• We reserve the right to disable accounts showing suspicious activity

3.3 Account Information

You agree to:

• Provide accurate, current information
• Update information promptly when it changes
• Maintain one account per person/entity
• Not create accounts using false information

4. Payment Services

4.1 Credit System

Credit Purchase:

• Minimum reload: RM 10.00
• Maximum per transaction: RM 1,000.00
• Credits are prepaid and loaded to your account
• Credits have no expiration unless account is inactive for 24 months

Credit Usage:

• Credits are automatically deducted for parking fees
• You must maintain sufficient balance
• Insufficient balance may prevent facility exit
• Credits are non-transferable between accounts

4.2 Monthly Passes

• Passes provide unlimited access to specified facilities
• Pass pricing varies by location
• Passes are valid for 30 days from purchase date
• Passes are non-transferable and non-refundable
• Automatic renewal available if opted in

4.3 Payment Processing

We use eGHL as our payment gateway. Payments are subject to:

• Standard banking processing times (up to 2 business days)
• Transaction verification procedures
• Anti-fraud screening
• Payment method terms and conditions

4.4 Fees and Charges

Service	Fee
Credit Reload	No service fee (payment gateway fees may apply)
Monthly Pass	RM 150 - RM 300 (location-dependent)
Parking Rates	From RM 2.00/hour (facility-dependent)
Replacement Invoice	RM 5.00 per invoice

5. Vehicle Registration

5.1 Registration Requirements

• Valid Malaysian registration number required
• Maximum 5 vehicles per individual account
• Maximum 20 vehicles per corporate account
• Vehicle details must be accurate and current

5.2 Vehicle Changes

• Update vehicle details within 7 days of changes
• Removal of vehicles: effective immediately
• Adding vehicles: subject to verification
• Temporary vehicle registration available upon request

6. User Obligations

6.1 Lawful Use

You agree to:

• Use the Service only for lawful purposes
• Comply with all applicable Malaysian laws
• Follow parking facility rules and regulations
• Respect other users' rights
• Not engage in fraudulent activities

6.2 Prohibited Conduct

You must not:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malicious code or viruses
• Attempt to gain unauthorized access
• Interfere with Service operation
• Use automated systems without permission
• Impersonate any person or entity
• Harass, abuse, or harm others

7. Service Availability and Maintenance

7.1 Uptime

• We target 99.5% service availability
• Scheduled maintenance: communicated 48 hours in advance
• Emergency maintenance: as required

7.2 Service Interruptions

We are not liable for service interruptions caused by:

• Force majeure events
• Third-party service failures
• Internet connectivity issues
• Facility technical problems
• Scheduled or emergency maintenance

8. Data and Privacy

8.1 Data Collection

We collect and process personal data as described in our Privacy Policy, including:

• Personal identification information
• Vehicle registration details
• Transaction history
• Location data (facility entry/exit)
• Payment information

8.2 Data Protection

We comply with:

• Personal Data Protection Act 2010 (PDPA)
• PCI DSS standards for payment data
• MyInvois requirements for invoicing

9. Invoicing and Tax Compliance

9.1 E-Invoicing

• All transactions generate MyInvois-compliant e-invoices
• Invoices are available in your account portal
• GST/SST applied as per Malaysian tax regulations
• Invoices issued within 24 hours of transaction

9.2 Invoice Disputes

Report invoice errors within 7 days. After 7 days, invoices are considered accepted.

10. Intellectual Property Rights

10.1 Ownership

All Service content, features, and functionality are owned by Elegant Aspire Sdn Bhd and protected by:

• Copyright laws
• Trademark laws
• Trade secret laws
• Other intellectual property laws

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal or business parking needs.

10.3 Restrictions

You may not:

• Copy, modify, or distribute Service content
• Reverse engineer the platform
• Remove proprietary notices
• Use our trademarks without permission

11. Disclaimers and Limitations of Liability

11.1 Service "As Is"

The Service is provided "as is" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation

11.2 Limitation of Liability

To the maximum extent permitted by Malaysian law, Elegant Aspire Sdn Bhd shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or data
• Business interruption
• Vehicle theft, damage, or loss
• Personal injury or property damage in parking facilities

Maximum Liability: Our total liability shall not exceed the amount of fees you paid in the 12 months preceding the claim, or RM 500, whichever is greater.

12. Indemnification

You agree to indemnify, defend, and hold harmless Elegant Aspire Sdn Bhd, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of third-party rights
• Any dispute between you and parking facilities

13. Termination

13.1 Termination by User

You may terminate your account by:

• Contacting customer support
• Using account closure feature in portal
• Written notice to our office

Upon termination:

• Unused credits may be refunded (subject to Refund Policy)
• Monthly passes remain valid until expiry
• Account data retained as per Privacy Policy

13.2 Termination by Company

We may suspend or terminate your account for:

• Violation of these Terms
• Fraudulent activity
• Illegal use of Service
• Non-payment of fees
• Inactivity exceeding 24 months

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes become effective:

• Immediately for new users
• 30 days after notification for existing users

We will notify you via:

• Email to registered address
• Notice in account portal
• Website announcement

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of Malaysia.

15.2 Dispute Resolution Process

1. Informal Resolution: Contact customer support within 30 days
2. Mediation: Participate in good faith mediation
3. Arbitration: Binding arbitration under Malaysian Arbitration Act 2005
4. Litigation: Exclusive jurisdiction of Malaysian courts

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Elegant Aspire Sdn Bhd.

16.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full force.

16.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

16.4 Assignment

You may not assign these Terms. We may assign these Terms to any successor or acquirer.

16.5 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control.

17. Contact Information

For Terms of Service inquiries:

Elegant Aspire Sdn Bhd
Company No: 200801017132 (818425-M)
Address: Lot 25, 1st Floor, Likas Square Commercial Centre, Jalan Istiadat, Teluk Likas, 88400 Kota Kinabalu, Sabah, Malaysia
Email: sales@elegantaspire.com
Phone: +6088 266 025 / +6088 266 015
Operating Hours: Monday - Friday, 8:00 AM - 5:00 PM | Saturday, 8:00 AM - 12:30 PM (GMT+8)

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