Business Terms & Conditions

IPAYEASY MERCHANT TERMS AND CONDITIONS

This Agreement is a legal and binding agreement between you and MAPS. Please read this Agreement and peruse through the details carefully. To use the Services, you must accept all of the terms of this Agreement.

BY SUBMITTING YOUR MERCHANT APPLICATION FORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE PRIVACY POLICY AND ALL DOCUMENTS INCORPORATED BY REFERENCE UPON THE APPROVAL OF YOUR APPLICATION BY US, THE APPROVAL OF WHICH IS AT OUR SOLE AND ABSOLUTE DISCRETION.

In this Agreement, “Merchant”, “you” and “your” refer to each merchant (“Merchant”) and “MAPS”, “we”, “us” and “our” refer collectively to MY E.G Alternative Payment Services Sdn. Bhd. (Company No. 1188850-D), a company incorporated in Malaysia with its registered office at Level 43A, MYEG Tower, No. 8, Jalan Damansara, Empire City, PJU8 47820, Petaling Jaya, Selangor.

Merchant and MAPS are collectively referred to as “Parties” and separately as “Party”.

WHEREAS:

1.      MAPS is a payment service provider operating and facilitating an e-wallet system, branded as iPayEasy (“iPayEasy”) which allows end customers to make payments using iPayEasy for products or services bought from the Merchant.
2.       Merchant wishes to accept payments from iPayEasy Customers, for products or services purchased from the Merchant in accordance with this Agreement.

PARTIES HEREBY AGREE TO THE BELOW TERMS:

Definitions and Interpretation

1.1 Definitions

In this Agreement where the context so admits the following expressions shall have the meaning designated unless otherwise distinguished:

“Agreement”	means this Merchant Terms and Conditions including any annexures thereof, the Privacy Notice and the iPayEasy Merchant Application Form submitted by you/on your behalf;
“Business Day”	means a day (excluding Saturdays, Sundays and public holidays) on which banks in Selangor are open for general banking business;
“Confidential Information”	means any documents, knowledge, data, or information of whatsoever nature disclosed to or acquired by the Merchant directly or indirectly from, MAPS pursuant to the Services and/or in connection with the Agreement, or otherwise including, but not limited to the following: (a) financial information; (b) technical information, including but not limited to research, development, procedures, data, designs, and technical know-how; (c) business information, including but not limited to operations, planning, marketing interests, and services disclosed by MAPS to the government or regulatory body; (d) personal information/data of any Customers, MAPS’s staff or such other individuals through which such information/ data is obtained pursuant to the iPayEasy Services; and (e) all confidential or proprietary concepts, documentation, reports, lists, files, data, specifications, software, source code, object code, flow charts, databases, data files, inventions, information, know-how and trade secrets, whether or not patentable or copyrightable;
“Commencement Date”	means the commencement date of iPayEasy Services as MAPS may notify you via electronic mail or any other methods as determined by MAPS from time to time;
“Customer”	means any person holding a valid iPayEasy wallet and purchases Services or Products from the Merchant and makes payment for the same using his iPayEasy wallet;
“Customer Charge”	means the sale price of the Product and/or Service purchased or availed by the Customer plus all other taxes, duties, costs, charges and expenses in respect of the Product and/or Service that are to be charged to the Customer’s iPayEasy wallet;
“iPayEasy Merchant App”	means the software application named as “iPayEasy for Merchant” or such other name as may be determined by MAPS from time to time which is downloaded by the Merchant;
“iPayEasy Customer App”	means the software application named as “iPayEasy” or such other name as may be determined by MAPS from time to time which is downloaded by the Customer;
“iPayEasy Services”	means the e-wallet payment solution and/or platform provided to the Merchant, which is developed and deployed by MAPS for the purposes of enabling payment transactions by the Customers to the Merchant. iPayEasy Services shall include, but not limiting to, the collection of Customer Charges from the Customers and the remittance of Settlement to the Merchant;
“Merchant Portal”	has the meaning ascribed to it in Clause 12;
“Merchant’s Designated Bank Account”	means the designated bank account of the Merchant maintained in Malaysia as specified by the Merchant during its registration process with MAPS. For the avoidance of doubt, if the Merchant is a body corporate, the designated bank account shall be in the name of such entity. If the Merchant is an individual, the designated bank account shall be in the name of such individual;
“Merchant Application Form”	means the binding application form filled up and submitted by the Merchant/MAPS on behalf of the Merchant, offline or online;
“Payout Schedules”	means the dates at which payments are made by one party to another.
“PDPA”	means the Personal Data Protection Act 2010;
“Personal Data”	shall have the same meaning prescribed in the PDPA;
“Platform”	means the iPayEasy smartphone and mobile device application, merchant portal and http://www.ipayeasy.com website;
“Privacy Notice”	means the privacy notice applicable to the Personal Data of Merchants and/or the personnel of the Merchants which can be found at www.ipayeasy.com;
“Product(s)”	means a tangible or intangible commodity/product manufactured, marketed, distributed and/or sold by the Merchant, to the Customer(s), the payment for which is to be made through the Customer’s iPayEasy wallet;
“Service(s)”	means any service that Merchant offers to provide and that is availed of by the Customer, the payment for which is to be made through the Customers’ iPayEasy wallet;
“Term”	means the term as stated in the Appendix of the Merchant Application Form as approved by us or otherwise agreed by the Parties;
“Transaction”	means all request by the Customer to the Merchant in exchange of Product or Service.
“Transaction Fee”	means a fee payable by the Merchant to MAPS for each Transaction based on the formula set forth in the Appendix of Merchant Application Form or otherwise agreed by the Parties.
“MAP’s Headquarters”	refer to office of MAPS at Level 43A, MYEG Tower, No. 8, Jalan Damansara, Empire City, PJU8 47820, Petaling Jaya, Selangor or such other place as MAPS may notify from time to time.

1.2 Interpretation

In this Agreement, unless the context otherwise requires:

1. words denoting the singular number include the plural and vice-versa;
2. words denoting a gender include every gender;
3. words denoting natural persons include bodies corporate and unincorporated;
4. reference to Recitals, Clauses and Schedules is to the recitals, clauses and schedules to this Agreement;
5. references to any legislation or to any provision of legislation shall include any modification or re-enactment of that legislation or any legislative provision substituted for, and all regulations and statutory instruments issued under such legislation or provision;
6. headings to the clauses of this Agreement are inserted for convenience only and shall not affect the construction or interpretation of this Agreement;
7. where a word or a phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
8. references to any Party to this Agreement or any other agreement or instrument shall include the Party’s personal representatives, successors in title and permitted assigns;
9. references to any agreement or instrument shall include references to such agreement or instrument as amended, novated, supplemented, varied or replaced from time to time;
10. no rule of construction and/or interpretation applies to the disadvantage and/or detriment of the Party having control and/or being responsible for the preparation of this Agreement.

Term

This Agreement shall commence on the Commencement Date and continue to be in full force and effect until the expiry of the Term unless otherwise earlier terminated in accordance with this Agreement.

iPayEasy Services

1. 1. Provisions of iPayEasy Services

1. In consideration of the mutual promises and undertakings as well as the representations and warranties of the Merchant under this Agreement, MAP agrees to provide to the Merchant the iPayEasy Services on an as is basis commencing from the Commencement Date, subject to the Agreement (including but not limited to these Terms and Conditions herein). You acknowledge that you have read, understood and accepted the Agreement and Terms and Conditions as stated herein. The submission of your application for the iPayEasy Services and/or use of the iPayEasy Services constitutes your unconditional acceptance to be bound by the Agreement as may be amended from time to time.
2. By submitting the Merchant Application Form, you represent and warrant that all information provided to us is true, accurate and complete and you are of legal age and capacity to enter into contract with us and be legally bound by the Agreement and these Terms and Conditions, and you agree to provide us with up-to-date information of yourself including such identification, verification or other documentation as we, BNM or other lawful authorities may request from time to time.
3. MAPS reserve our right to decline and/or reject your application at MAPS’ sole and absolute discretion or in the event you do not conform to our compliance criteria and/or fail to sign and/or accept this document.
4. Upon our review and approval of the Merchant’s application including but not limited to the Merchant’s incorporation status and identity in accordance to our compliance requirements and criteria, MAPS shall make available to the Merchant the iPayEasy Merchant App and an account, including a login name and password, in order to enable the Merchant to: accept payments for the Products and/or Services sold and/or provided by the Merchant by using the iPayEasy Services.
5. MAPS may provide on loan and install the necessary equipment and devices (such as a terminal or smartphone) to enable the Merchant to carry out the Transactions. The ownership and title to the said equipment and devices shall at all times remain with MAPS/ MAPS’s vendor. The Merchant shall only use the equipment and devices for the purposes of carrying out the Transaction and for no other purposes. If the equipment and devices are provided, the Merchant shall: –

1. 1. ensure that MAPS (or its representatives/ agents) has reasonable access to any of the equipment and devices, including but not limited to the right of MAPS (or its representatives/ agents) to enter into any of the premises of the Merchant where the equipment and devices are placed to provide installation, review, maintenance service, repairs, upgrades and/or where necessary, remove and replace the equipment and devices;
   2. ensure the physical security of the equipment and devices loaned to the Merchant;
   3. report any damage, lost and/or theft of equipment and devices to MAPS and in case of lost or theft of any of the equipment and devices, the Merchant shall co-operate and assist in making a report with the police and shall repay/compensate MAPS for such damage, lost or theft based on the market rate when such equipment or device is provided to the Merchant or at a price that is acceptable to MAPS;
   4. ensure compliance with all relevant laws set by the government and/or local authorities with respect of the use of the equipment and devices;
   5. provide electricity, power and internet connections for equipment and devices to operate;
   6. not give away, loan, sell, pledge, mortgage and/or in any way dispose the equipment and devices;
   7. not affix, paint or otherwise exhibit on the exterior of the equipment and devices or any part thereof, any stickers, name plates, marks, signboards, placard, posters and/or advertisement or anything whatsoever without the prior written consent of MAPS;
   8. not tamper, modify and/or alter the equipment and devices (including the software and firmware therein) without the prior written consent of MAPS; and
   9. not do or permit or suffer to be done anything to the equipment and devices which would invalidate the policy of any insurance on the equipment and devices or increase the premium for such insurance beyond the existing risk.

In this respect, the Merchant shall fully indemnify MAPS against all liabilities, losses, damages, costs and/or expenses suffered or incurred by MAPS arising from or in connection with the Merchant’s failure to comply with any of the obligations set out in this Clause 3.1(d).

3.2 Payment Through iPayEasy

Merchant acknowledges that MAPS acts as an intermediary and enables the Customers to make payment through the Customers’ iPayEasy wallet. Customer Charges to be charged by Merchant shall be inclusive of all taxes and miscellaneous charges and shall be uniform to all Customers. All Transaction shall be drawn in Ringgit Malaysia only.

You understand that you as a Merchant, shall separately maintain an iPayEasy wallet as a Customer, if you wish to use iPayEasy for making payments for purchase of goods and services.

3.3 Maintenance

MAPS may undertake scheduled maintenance and/or emergency maintenance of the iPayEasy Merchant App and/or the iPayEasy Services from time to time and MAPS will use reasonable endeavour to notify the Merchant of the same. MAPS shall not be liable for any losses incurred by the Merchant arising from MAPS’s performance of maintenance under this Clause 3.3.

3.4 No Warranties of Merchantability and Fitness of Use

MAPS is not liable and disclaims all warranties, express or implied, written or oral, including but not limited to warranties:

(a) of merchantability and/or fitness for any particular purpose; and

(b) that the iPayEasy Services, iPayEasy Merchant App and/or iPayEasy Customer App will be available at all times and that it would be uninterrupted and virus/malware/error free.

3.5 Use of The iPayEasy Merchant App

The iPayEasy Merchant App is a mobile application, which enables you as the Merchant to accept payment(s) made by Customer(s) through Customer(s)’ iPayEasy wallet for the purchase of Products and/or Services at the Merchant’s outlet and/or any other transactional feature that may be from time to time offered by MAPS and approved for use by the Merchant.

You agree that you will only use iPayEasy Services to accept payments from Customers’ for the purchase of Products and/or Services when iPayEasy Customer App is utilized at your outlet.

Information

All of the information provided by you during the application for and/or use of the iPayEasy Services is and will be deemed as true, correct and complete, and iPayEasy shall not be held liable nor responsible for any error or omission made by you, which may result in any losses suffered by you for wrongful crediting of amounts to the account(s) indicated by you, Transaction cancellation or any other financial discrepancies or losses on your account.

By using the iPayEasy Merchant App and/or iPayEasy Services, you have and are deemed to have consented and procured for our benefit the consent of the data subjects to the use of your/their Personal Data derived therefrom such use, to facilitate the use of the iPayEasy Merchant App, iPayEasy and any Transactions effected or to be effected through the use of the iPayEasy Merchant App and the disclosure of any information in relation to you or your personnel, including details related to the use of the iPayEasy Merchant App or iPayEasy Services and/or to any of our associates, related corporations and affiliates, our licensee, our assignees, proposed assignees, agents, vendors, service providers, merchants, strategic partners, commercial partners, third party contractors and any other party engaged by us to enable or assist us in the provision of the iPayEasy Merchant App, the iPayEasy Services or to exercise or enforce our rights hereunder and/or any other party whomsoever as we may, to the extent at our sole and absolute discretion, deem fit and necessary, within and beyond Malaysia.

In the event, we find that you have created a forged application or have used forged data or documents in your application or the information provided is false or inaccurate, we shall block, cancel or terminate your application, your access to the iPayEasy Merchant App, iPayEasy Services and/or your account(s) immediately without any prior notice to you, and we shall not be held liable for any loss or damage suffered by you for the same. You shall be liable to indemnify and keep us harmless against all damages, loss and expenses as we may suffer as a result of such application, data, document or information. We shall further be entitled to take any action against you as may be deemed necessary or as may be required under governing laws or by the relevant governing authorities, including reporting you to the relevant governing authorities.

Know Your Customer Verification

You will promptly give us all documents, permits, license or approvals that we may reasonably request in order for us to carry out and verify to our satisfaction that you have complied with our internal “Know-Your-Customer” requirements under all applicable laws and regulations.

If there are introduction or other change(s) in any applicable law or regulation which was introduced or made after Commencement Date and/or any change in your status or where applicable a change in the composition of your shareholders where the necessary information was not already made available to us, in such circumstances we may request to be furnished and you will accede to such request for us to be furnished with the necessary information in order for us to carry out and be satisfied that you are in compliance with our internal “Know-Your-Customer” requirements under all applicable laws and regulations as amended.

Without prejudice to our rights and notwithstanding that you may have complied with all requirements in respect to the Know-Your-Client verification we may suspend, block, revoke and/or or terminate your account and access to the iPayEasy Services at our sole and absolute discretion.

Information Management

Any amendment to your information including but not limited to mobile number or name, must be made through an online request via support email.

Each request shall be first verified, validated and processed by us. We reserve the right to contact you via email, SMS or calls to you to conduct further verification. All request for submission via iPayEasy Merchant Portal shall be verified, validated and processed by us within seven (7) working days from the date you make the request online. We shall within seven (7) working days from the date you make the request online notify you of the status of the request via email or SMS. We at our absolute discretion, reserve the right to reject or decline your request.

Variation and Notification

We may at any time vary, revise, change, amend, withdraw, substitute or remove any of the provisions, terms and/or conditions as contained and stipulated in this Agreement. Any such amendment shall be effective twenty-one (21) days after the revised terms have been posted on to our Website. Unless otherwise required by law or relevant authority, the revised or new terms will take effect (21) days from the date of such posting on to our website and/or through such other methods of notification as we deem fit, and shall bind and include, without limitation, to all future Transactions made using the iPayEasy Merchant App. In addition or lieu to the notice on our website we may also issue a notice via email, electronic correspondence or any other modes of communication as we deem fit to notify you of any variation, revision, amendment, withdrawal, substitution, removal or change. Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order to maintain or restore the security of the iPayEasy Merchant App and Transaction(s) carried out using the said iPayEasy Merchant App or iPayEasy Customer App. The act of continuing to use the iPayEasy Merchant App after the effective date and/or notification of any such variation, amendment, revision, substitution or change of Agreement including but not limited to these Terms and Conditions shall be deemed to constitute your acceptance of such variation, revision or change with no expression of any reservation by you.

If you do not accept the proposed variation, amendment, revision, substitution or change, you are entitled to terminate the use of your account. In the event, you intend to terminate your account you must contact us, in order that we may terminate the account and refund any monies accrued (if any) to you. The termination of your account will result in the termination of the Agreement. However, you shall continue to be liable for antecedent breaches and obligations which are intended to survive such termination. Merchant’s Responsibility

You shall:

1. provide us with accurate and complete information and inform us immediately of any changes in any particulars of your information. We shall not be responsible whatsoever for any inaccuracy of the Personal Data furnished to us by you. You must contact us or if required to do so, present yourself at MAPs’ Headquarters to inform and/or update us as soon as possible of any changes in the Personal Data;
2. be responsible for the security of your PIN and password and keep them confidential at all times. You shall take all steps to prevent the disclosure of your PIN and password;
3. ensure that your use of the iPayEasy Merchant App is only for receiving payments or any other functionality that may be offered by MAPS and accepted by you in future;
4. ensure the compatibility of your and Customer’s mobile device with our iPayEasy Merchant App. In the event that changes and upgrades are introduced to the iPayEasy Merchant App, you shall be responsible to ensure that your or Customer’s mobile device is compatible our iPayEasy Merchant App and you shall have no claim whatsoever against us for any disruption of service as a result of any incompatibility, incapability to upgrade or any interruption in respect to the continued use of the iPayEasy Merchant App as a result of any system upgrade;
5. comply with all notices or instructions given by us from time to time in relation to connection the use of the iPayEasy Merchant App and/or iPayEasy Services;
6. be responsible for all equipment and software necessary to use the iPayEasy Merchant App and/or iPayEasy Services and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the iPayEasy Merchant App and/or iPayEasy Services;
7. be responsible for all usage of and charges for the iPayEasy Merchant App and iPayEasy Services including but not limited to payment of all the Transaction Fee and any other related charges due to us pursuant to these Terms and Conditions in a timely manner;
8. be fully responsible for any data transmitted or broadcasted by you;
9. comply with all applicable laws of Malaysia relating to the iPayEasy Merchant App and iPayEasy Services, including without limitation to its subsidiary legislation, other acts, statutes, by-laws, rules and regulations issued by relevant government and regulatory agencies which may be amended from time to time;
10. take all reasonable steps to prevent fraudulent, improper or illegal use of the iPayEasy Merchant App and/or iPayEasy Services;
11. cease to utilize the iPayEasy Merchant App, iPayEasy Services or any part thereof for such period as may be required by the us or as notified to you;
12. report to us immediately upon the discovery of any fraud, theft, loss, unauthorized usage or any other occurrence of unlawful acts in relation to the mobile device and its use. You agree to lodge a police report whenever instructed by us and furnish at our request a certified copy of such report. In the event, you fail, neglect and/or omit to notify us of any fraud, theft, loss, unauthorized usage or any other occurrence of unlawful acts in relation to your mobile device you agree to liable for the value of any Transaction carried out and agree to pay us all Fees and Charges (as set out in Clause 13 below), costs, expenses and damages related to the Transactions carried out;
13. indemnify and shall keep us indemnified at all times against any loss, damage, liability or expense, arising from any claims arising from any Transaction, the Customer, for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the content transmitted, received or stored by us and for all other claims arising out of any act or omission as a result of any unauthorized use or exploitation of the iPayEasy Merchant App, iPayEasy Services or any part thereof;
14. agree, consent, permit and have no objection to the use of the Personal Data or any other data required to be used as evidence in court and/or when necessary in the event of a suspected and or proven misuse of the iPayEasy Merchant App and/or iPayEasy Services. Where required, you shall obtain in our favour such agreement, consent, permission as may be required for such use of data;
15. be solely responsible and liable for any use and misuse of your account, your PIN, your password and for all activities in connection with the use of the iPayEasy Merchant App and/or iPayEasy Services;
16. immediately notify us of any unauthorized usage of the PIN or password, or if you know or suspect that the PIN or password has been lost or stolen, has become known to any other person, or has been otherwise compromised;
17. comply with the provisions of these Terms and Conditions and Agreement;
18. ensure that any instructions given to us is clear, comprehensible accurate and complete; and
19. be responsible for all or any losses and claims (including the amount of any Transaction) arising from all or any Transaction or Customer, if you have acted in gross negligence so as to facilitate any transaction, or you have acted fraudulently. For the purposes of this clause, gross negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions.

 

You shall not:

1. use, or permit or cause the use the iPayEasy Merchant App or iPayEasy Services in contravention or in violation of the Agreement and Terms and Conditions stated herein or any prevailing law or cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person;
2. use, or permit or cause the use the iPayEasy Merchant App or iPayEasy Services for any unlawful purposes including but not limited to vice, illegal gambling or other criminal purposes whatsoever or receiving from any person any message which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character;
3. use, or permit or cause the use the iPayEasy Merchant App or iPayEasy Services for any purpose which is against public interest, public order or national harmony;
4. use, permit or cause to be used the iPayEasy Merchant App or iPayEasy Services improperly or for any activities which breach any laws, regulations, infringe a third party’s rights, or breach any directives, content requirements or codes promulgated by any relevant authority including activities which will require us to take remedial action under any applicable industry code or in a way interferes with other users or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying the iPayEasy Service, our products and services, or the internet; or
5. use the iPayEasy Merchant App or iPayEasy Services to transmit or post any content that contains any harmful, damaging or destructive programs;
6. use the iPayEasy Merchant App or iPayEasy Services to receive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
7. circumvent user authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with service to any user, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading MAPS’ iPayEasy legitimate web pages (referred to as “page-jacking”), or use the iPayEasy Merchant App or iPayEasy Services for any other unlawful or objectionable conduct. Persons who violate systems or network security may incur criminal or civil liability, and we will at our absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
8. hack into, make excessive traffic demands, deliver or forward chain letters, “junk mail” or “spam” of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the iPayEasy Merchant App or iPayEasy Services or any other web site, or which is otherwise likely to damage or destroy our reputation or the reputation of any third party;
9. use, display or mirror our name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
10. attempt to probe, scan, or test the vulnerability of any the iPayEasy Merchant App or iPayEasy Services or network or breach any security or authentication measures;
11. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of the service providers or any other third party (including another user) appointed by us to protect our ability to provide the iPayEasy Merchant App or iPayEasy Services or our mobile wallet system;
12. attempt to download the application for the use of the iPayEasy Merchant App or iPayEasy Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other approved third party web browsers;
13. send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
14. use any of our trademark, logo URL or product name without our express written consent;
15. use the iPayEasy Merchant App or iPayEasy Services for any commercial purpose or the benefit of any third party or in any manner not permitted by this Agreement, unless expressly permitted;
16. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the iPayEasy Merchant App or iPayEasy Services;
17. collect or store any personally identifiable information not belonging to you from other users of the iPayEasy Merchant App or iPayEasy Services without their express permission;
18. impersonate or misrepresent your affiliation with any person or entity; or
19. directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on any products, services or any digital rights management mechanism, device, or other content protection or access control measure associated with the iPayEasy Merchant App or iPayEasy Services including geo-filtering mechanisms.

 

You hereby covenant, represent and warrant that:

1. 1. 1. 1. you shall cooperate with MAPS and provide all Transaction related details required by any government or regulatory body;
         2. other than the equipment and terminals provided by MAPS, you shall be responsible for all other equipment (including upgrades and modifications required) necessary to use the iPayEasy Services and iPayEasy Merchant App and to carry out the Transaction, and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the iPayEasy Services and/or iPayEasy Merchant App, you shall not:
            1. discriminate the iPayEasy Merchant App against other modes of payment;
            2. Discriminate Customer seeking to make payment using the iPayEasy Customer App against Customer using other modes of payment; and
            3. Impose any restrictions and/or conditions on the use of iPayEasy Customer/ Merchant App as a mode of payment other than that approved or prescribed by MAPS;
         3. you shall not charge the Customer any additional fee or charges in addition to the Customer Charge other than taxes imposed by law;
         4. you shall keep proper account and correct copies of all documents/ records relating to the Transaction and MAPS shall be allowed at any reasonable time to inspect or take copes of all such documents and shall preserve such documents and records for a period of at least two (2) years from the transaction date;
         5. you shall not use the iPayEasy Service and/or iPayEasy Merchant App in any manner and/or engage in any activities which is prejudicial to MAPS and/or in any manner which would bring disrepute to MAPS, all of which shall be determined based on MAPS’s opinion;
         6. you shall ensure that the account registered by you on iPayEasy Merchant App remains personal to yourself and you shall not register an account on behalf of any third party or in any way transfer/ assign the account to any third party without MAPS’s prior written consent.

 

• Restricted Use

 

You may use the iPayEasy Services only to the extent that you obey all laws, rules, and regulations applicable to your use of the iPayEasy Services. You may not act as a payment intermediary, aggregator or resell our services on behalf of any third party. This means that you may not use the iPayEasy Services to handle, process or transmit funds for any third party. You may also not use the Services to process cash advances or dispense funds as contribution towards salary/donation.

 

• Creating and Maintain Your iPayEasy Account

 

By creating an account with us, you confirm that you are a Malaysian citizen, or a legal resident in Malaysia or a business entity authorized to conduct business in Malaysia with the legal capacity and power to enter into and perform this Agreement. The iPayEasy Merchant App, iPayEasy Services and your account may only be used and your Products and Services may only be offered in Malaysia. You may not export the iPayEasy Merchant App and/or iPayEasy Services directly or indirectly, and you acknowledge that the iPayEasy Merchant App and the iPayEasy Services may be subject to export / import restrictions imposed by Malaysian law.

You will also confirm that you will not accept payments in connection with the following:

• Any illegal activities as defined under Malaysian laws and regulations.
• Any money laundering / terrorist financing activities under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
• Any money lending activities that is not licensed under the Financial Services Act 2013.

By accepting this Agreement, you confirm that you satisfy and will continue to satisfy all these requirements during the Term.

 

• Suspension, Variation, Modification, Change and Substitution Of The iPayEasy Merchant App and/or iPayEasy Services

 

We reserve the reserve the right to suspend, vary, modify, change or substitute the iPayEasy Merchant App, iPayEasy Services or any part thereof, any program, feature, function or benefit in connection with the iPayEasy Merchant App at any time with or without prior notice at our sole and absolute discretion. We may from time to time issue additional terms and conditions for the use of the iPayEasy Merchant App and/or iPayEasy Services. The terms and conditions shall apply to you in addition and not in substitution to the Terms and Condition stated herein. Unless otherwise notified by you, you agree that we may send you notifications relating to any promotional and marketing activities related to the iPayEasy Merchant App from time to time. We may use your Personal Data or any other data procured from you in connection with the use of the iPayEasy Merchant App or any other use required pursuant to any order of the Court or as requested by any regulatory authority.

We may run campaigns/ contest or promotions in relation to the iPayEasy Merchant App and/or iPayEasy Services as may be notified to you from time to time. Participation of which shall be subject to terms and conditions as we may specify. We can monitor or record of your calls, emails, text messages or other communications in accordance with the law, for quality improvement and training purposes, and/or to prevent unauthorized use of the iPayEasy Merchant App, iPayEasy Services, iPayEasy Customer App and/or our mobile wallet, for the detection and prevention of crime and to ensure the uninterrupted provision of our service to you.

 

• Merchant Portal

 

The Merchant Portal is part of our iPayEasy Services, it is an online management portal which enable you to manage your outlets, to manage terminals log in, to view and download aggregate sales report, and other functionalities we may introduced in the future.

 

• Fees & Charges

 

You agree to pay the prevailing Transaction Fee and all other prevailing fees and charges for the use of the iPayEasy Services. All applicable Transaction Fee, other fees and charges shall be based on the prevailing rates set forth in the Appendix of Merchant Application Form or otherwise agreed by the Parties. You shall be responsible for all related charges imposed by the Banks for the use of your Designated Bank Account including for the deposit of monies, in the form of scheduled payout by us. For the purposes of this agreement, payout refers to Customer Charges less transaction fees, charges and(or) merchants discount rate (MDR) value imposed by us.

All fees, charges, and payments collected or paid through the iPayEasy Services are denominated in Malaysian Ringgit (RM).

 

• Refund Policy

 

15.1 Where the Customer made payment via the iPayEasy Customer App and thereafter request for a refund and the Merchant agrees to such refund:

1. on the same day when the relevant Transaction took place (“Transaction Day”), if it is a charge by mistake or any person, and the Merchant shall take necessary steps to void/ cancel the Transaction through the relevant feature available on iPayEasy Merchant App on the same day. The Merchant shall then be responsible for the refund to such Customer;
2. after the Transaction Day, the Merchant shall manually refund the Customer via your own mean. MAPS will not take any responsibilities or involvement in any dispute that may arise between Customer and Merchant.
3. For the avoidance of doubt, MAPS is entitled to retain the relevant Transaction Fees or bank charges that may be incurred.

15.2   MAPS shall not be responsible in any manner whatsoever for any losses, claims, damages, costs and expenses incurred by the Customer and/or the Merchant arising from the refund and the Merchant shall indemnify and hold MAPS harmless against all such losses, losses, claims, damages, costs and expenses that may be claimed against MAPS, our associates, related corporations and affiliates, licensee, assignees, proposed assignees, agents, vendors, service providers, merchants, strategic partners, commercial partners, third party contractors and any other party engaged by us to enable or assist us in the provision of the iPayEasy Merchant App and/or the iPayEasy Services (collectively, the “indemnified persons”).

15.3 MAPS shall not be responsible for any abuse or misuse of the “void/cancel” function made available to the Merchant on iPayEasy Merchant App. The Merchant shall keep MAPS fully indemnified from all liability, losses, damages, cost and expense incurred by MAPS and/or any indemnified persons arising out of or in connection with the misuse of the same.

 

• Payout Schedule

 

16.1 Once you validate your Merchant’s Designated Bank Account, and have ten Ringgit or more in your  iPayEasy merchant account and provided your iPayEasy merchant account has a credit amount of not less than the payout amount, we will automatically initiate a payout to your Merchant’s Designated Bank Account on the next day after the Transaction date. However, we make no guarantee regarding the actual date of receipt of such payout by the Merchant, as the timing to receipt of such payout involves the bank services that Merchant is using.

16.2 All payouts will be remitted to you as set out in the iPayEasy Merchant Application Form.

16.3 In the event that the value of the deductions we are entitled to make exceed the value of all Customer Charges falling due for payout, the resulting shortfall may be held over by MAPS for deduction against the following payout. However, we reserve the right at any time to require payment (including by directly setting off any amount held by us for the Merchant or owing by us to the Merchant) of all or part of such shortfall as we may determine in our sole and absolute discretion.

16.4 We will remit all payouts to the Merchant’s Designated Bank Account in Malaysia Ringgit (RM) by wire transfer or such other method preferred by us.

16.5 We may hold back from the payouts any amounts reasonably required to cover potential or expected refunds (if applicable).

16.6 The Merchant shall reconcile its sales report against the sales reports provided in the Merchant Portal (where the same is provided by MAPS) for the relevant Transactions. If the Merchant discovers any discrepancy, the Merchant shall within fourteen (14) days from the payout date for such Transaction notify MAPS of such discrepancy together with the relevant supporting documents evidencing the discrepancy, failing which the Merchant waives its rights to raise any dispute and is deemed to have accepted the payout made by MAPS as correct. Where the Merchant notifies MAPS of a discrepancy within the timelines stated herein, the Parties shall resolve the discrepancies in good faith as soon as practicable.

16.7  Unless otherwise expressly stated in this Agreement, both Parties shall bear their own cost of any obligation imposed upon them under the applicable law with respect to any taxes or similar items in connection with this Agreement.

16.8 It shall be the Merchant’s responsibility to ensure that the details of the Merchant’s Designated Bank provided to MAPS remain accurate and correct throughout the Term of this Agreement and should keep MAPS updated if there are any changes. MAPS shall not be held liable should the payout or any monies are being remitted to a wrong account if the Merchant fails to comply with this clause.

 

• Availability of Funds

 

Should MAPS need to conduct an investigation or resolve any pending dispute or irregularities related to your account, we may defer payout or restrict access to your funds for the entire time it takes for us to do so. We also may defer payout or restrict access to your funds as required by law or court order, or if otherwise requested by law enforcement or governmental authority.

 

• iPayEasy Account History

 

Summaries of your account activity, including transaction history and monthly statistics, are available on the Merchant Portal. Except as required by law, you are solely responsible for:

(a) compiling and retaining permanent records of all Transactions and other data associated with your account and your use of the IpayEasy Services, and

(b) reconciling all transactional information that is associated with your account. If you believe that there is an error or unauthorized Transaction activity is associated with your account, you agree to contact us immediately; and

(c) be liable for all cost, taxes and duties associated with the Transactions.

 

• iPayEasy Account Balances

 

You may, but are not required to hold monetary balances that you receive in your iPayEasy account (your “Balance”). When you carry a Balance, your funds will be co-mingled and held with other participants’ funds in one or more pooled accounts at one or more Malaysian banks (insured under Perbadanan Insurans Deposit Malaysia or “PIDM”) by us on your behalf and for the benefit of you and other users holding balances (each a “Pooled Account”). Malaysian Ringgit balances held in the pooled account are eligible for PIDM pass-through insurance, meaning that your Balance, together with the sum of other participants’ funds, may be insured up to the PIDM maximum limit, which is currently at RM250,000.

We have sole discretion over the establishment and maintenance of any pooled account. Funds associated with your account will at all times be held separate from our corporate funds. We will not use your funds for our corporate purposes (including the granting of any security or similar interest), will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit our creditors to attach the funds. You will not receive interest or any other earnings on any funds that we handle for you.

As consideration for using the iPayEasy Services, you irrevocably assign to us all rights and legal interests to any interest and/or other earnings that may accrue or are attributable to our holding of your Balance in a pooled account or reserve.

 

• Disclaimer

 

This iPayEasy Merchant App and iPayEasy Services are provided on an “as is” and “as available” basis. We disclaim all liability and make no express or implied representation or warranties of any kind in relation to the iPayEasy Merchant App including but not limited to:

1. availability, accessibility, timeliness and uninterrupted use of the iPayEasy Merchant App or the iPayEasy Services; and
2. sequence, accuracy, completeness, timeliness or the security of any data, information provided to you as part of the iPayEasy Merchant App or iPayEasy Services.

We are abiding to BNM’s security requirement for e-money services to ensure that the iPayEasy Merchant App and iPayEasy Services is secure and cannot be accessed by any unauthorized third parties. We, shall not be liable or responsible to you and/ or to any other third party(s) for any costs, loss or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the iPayEasy Merchant App or iPayEasy Services or for any other matters arising out of this Agreement. Any dispute, error and mistake as a result of a Transactions must be resolved between you and the Customer/ transacting party. Notwithstanding anything to the contrary contained herein and to the fullest extent permitted by law, the maximum liability against us shall not exceed in aggregate the sum of Malaysian Ringgit Three Thousand (RM3,000) or an amount equivalent to the aggregate sum of balance and deposit (if any) in your account(s) at the date on which your claim arises, whichever is the lesser.

 

• Disputes Resolution

 

You are responsible for the Products, goods and/or Services sold through the use of the IPayEasy Services, the iPayEasy App or anytime when you receive funds transmitted into the said account for the said Transaction. We shall not be responsible for the delivery, quality (including any defects or deficiency in any Products, Services and/or goods and iPayEasy Merchant App), safety or the fitness for purpose of Products, Services and/or goods sold by you to the Customer. You shall not withhold or set-off or make any claim against us for any claim you may have with a Customer. You shall not initiate any legal proceedings against us for any claim you may have against the Customer. You are responsible for ensuring that the Transaction amount is correct and investigate any disputed Transaction and resolve the same with the Customer. We shall have the right to suspend the processing of such disputed Transaction or withhold the payout to the Merchant of the amount of such disputed Transaction until the satisfactory completion of any investigation or resolution.

If you discover any error, irregularity or discrepancy in your account, you must contact us within fourteen (14) working days from the date of the disputed Transaction unless otherwise earlier required under this Terms and Conditions, failing which, you shall be deemed to have accepted the accuracy of your Transaction. If it is revealed in the course of our investigation that the disputed Transaction was indeed made in error, we will refund the disputed sum in the manner as stated in in our Refund Policy.

You hereby agree and consent to the use any information relating to you, the particulars of the Transaction(s) or any designated account relating to the Transaction(s) for the purpose of investigating any claim or dispute arising out of or in connection with the Transaction(s) made in through the use of the iPayEasy Merchant App or the iPayEasy Services which consent shall survive the termination of your use of the iPayEasy Merchant App or iPayEasy Services. You hereby agree that in the event of a dispute or claim of any nature arising in respect of any Transaction, the records of the Transaction(s) generated by us shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim. We reserve the right to block, suspend, or decline any transaction at our sole and absolute discretion.

Where there is any dispute or claim arising out of or in connection with this Agreement or the interpretation of this Agreement between the parties (“Dispute”), either party may issue a written notice (“Dispute Notice”) to the other party stating the nature of the Dispute and requesting that the authorised representatives of each party resolve the Dispute. If the authorised representatives of the Parties are not able to resolve the Dispute after a period of thirty (30) days from the date the Dispute Notice or such other extended period as may be mutually agreed between the parties, then the parties will attempt to settle the Dispute by mediation which shall take place in accordance with the rules of the Asian International Arbitration Centre at Kuala Lumpur for the time being in force. The mediation shall start not later than thirty (30) days after the appointment of the mediator. Provided that the right to issue proceedings is not prejudiced by a delay, no party shall commence arbitration or court proceedings in relation to any Dispute until the following:

1. 1. 1. 1. 1. it has attempted to settle the Dispute by mediation and no settlement is reached within sixty (60) days after the commencement of the mediation or such other extended period as may be agreed by the parties; or
            2. the mediation is terminated or brought to an end without the parties reaching a settlement on the Dispute.

Where mediation is not successful, then either Party may refer the Dispute to arbitration in accordance with the rules of the Arbitration Act 2005 for the time being in force.

The arbitration proceedings shall be conducted in English and the seat and place of arbitration shall be Kuala Lumpur, Malaysia.

There shall be a single arbitrator to be mutually agreed in writing by the Parties and if the Parties fail to agree within thirty (30) days from the date the Dispute is referred to arbitration, the arbitrator shall be appointed by the Director of the Kuala Lumpur Regional Centre for Arbitration.

A Party shall not be prevented from seeking or obtaining an enjoining order, interim order or interim relief in the court prior to the arbitral tribunal being instituted.

Recognition and enforcement of the arbitration award may be rendered in any court of competent jurisdiction, as the case may be.

The Parties agree that the arbitration award shall be final and binding on the Parties.

No Party or person involved in any way in the creation, coordination or operation of the arbitration of any Dispute may disclose the existence, content or results of the Dispute or any arbitration conducted under this Agreement in relation to that Dispute unless the same is required by law or rules of any stock exchange.

Notwithstanding the provision of this Clause 21, a Party may pursue remedies for breach of confidentiality and/or with respect to its Intellectual Property Rights in the Malaysian courts.

 

• Governing Laws

 

This Agreement is governed by and construed in accordance with the laws of Malaysia, and subject to Clause 21, you hereby submit to the jurisdiction of the Malaysian courts.

 

• Fraudulent Use or Lost / Stolen Equipment

 

You shall be responsible for the safety and security of all equipment and devices including but not limited to your mobile devices and the terminals used to accept payment. You shall take all necessary precaution to ensure that such equipment and devices are not tampered with. You must immediately notify us and report to the police any loss, fraud, suspected fraud, dishonest use or theft of your mobile device or illegal use of your account, iPayEasy Merchant App, iPayEasy Services and/or any such equipment or device. If you fail to report  any loss, fraud, suspected fraud, dishonest use, theft or illegal use thereof, you will be liable for all fees and charges incurred and the value of all Transactions carried out through thereof until such time of our receiving notification from you as stated above for disconnection, blocking or termination of your account and use of the iPayEasy Merchant App and iPayEasy Services. Notwithstanding the aforesaid, we may reject, decline, suspend or cancel your use of the iPayEasy Merchant App, if the iPayEasy Merchant App is suspected to have been fraudulently used or tampered with or we in our absolute discretion believe that the use of the iPayEasy Merchant App poses a risk to our system.

 

• Default by The Merchant

 

We may suspend, block, revoke and/or or terminate the provision of iPayEasy Merchant App and/or the iPayEasy Services offered to you and/or this Agreement with or without prior notice notwithstanding that we may have waived our rights on some previous occasion(s) upon the occurrence(s) of any or more of the following events, including but not limited to:

1. If there is any payment of any sum of money which is due from you to us at any time;
2. if you use any of the iPayEasy Merchant App and/or the iPayEasy Services for any unlawful activities or if you commit or threaten to commit a default or breach of this Agreement or any part thereof;
3. if you have furnished false information, data or documents to us;
4. if in our sole and absolute opinion, your account has been operated unsatisfactorily or used for fraudulent purposes;
5. if we have noticed irregular, suspicious or unauthorized activity in the use of the iPayEasy Merchant App and/or the iPayEasy Services; or
6. if you use account or the iPayEasy Merchant App and/or the iPayEasy Services for purposes which we deem not acceptable.

 

• Blocking, Suspension, Cancellation And/or Termination Of iPayEasy Merchant App

 

In addition to the default by you as above, we may at our sole and absolute discretion, limit, block, suspend or terminate your use of the iPayEasy Merchant App and/or close your account for any reason or no reason at any time upon notice to you. We may also limit, block, suspend or terminate the iPayEasy Services and access to your account (including the funds in your account) if:  

1. 1. 1. 1. we detect any unusual, irregular, suspicious, fraudulent or unauthorized activity on account;
         2. we suspect misuse of your iPayEasy Merchant App;
         3. we are of the opinion there is a contravention, non-adherence or breach by you of any of the provisions of this Agreement, any other agreement you have with us, or our policies;
         4. we are of the opinion you pose an unacceptable credit or fraud risk to us; or
         5. you provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.

 

We shall have the right to withdraw at our absolute discretion, all or any of the iPayEasy Merchant App or iPayEasy Services provided by us, at any time with or without notice and without assigning any reasons for it, and in such circumstances, we reserve the right to suspend or terminate if we so deem fit the use of your account notwithstanding that we may have waived our rights on some previous occasions. If we cancel or suspend your account through no fault of yours, you will be entitled to a refund of any remaining balance on the account as provided in this Agreement.

If your iPayEasy account is terminated for any reason or no reason, you agree:

(a) to continue to be bound by this Agreement insofar as such provisions continue to be applicable;  

(b) to immediately stop using the iPayEasy Services and iPayEasy Merchant App;

(c) that the license provided under this Agreement shall end;

(d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; and

(e) that we shall not be liable to you or any third party for termination of access to the iPayEasy Services or for deletion of your information or account data.

 

• Your Right to Terminate

 

You may terminate this Agreement and other iPayEasy agreements by closing your account at any time. Upon closure, any pending transactions will be cancelled. Any funds that we are holding in custody for you at the time of closure, less any applicable Transaction Fees, refunds and any other fees and charges deductible, will be paid out to you according to your payout schedule, assuming all payout-related authentication requirements have been fulfilled (for example, you may not close your account as a means of evading your payout schedule).

If an investigation is pending at the time you close your account, we may withhold your funds as described herein. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you.

 

• Suspension or Termination of this Agreement by Us

 

We may terminate this Agreement and close your iPayEasy account for any reason or no reason at any time upon notice to you. We may also terminate this Agreement, and/or suspend the iPayEasy Services and access to your account (including the funds in your account) if you:

(a) have violated the terms of this Agreement, any other agreement you have with us, or our policies;  

(b) pose an unacceptable credit or fraud risk to us;

(c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct; or

(d) have been given an order or an order is made or an effective resolution is passed for winding up or dissolution on you and the order or resolution is not withdrawn, revoked or annulled within a period of ninety (90) days from the date of the order or resolution.

 

• Effect of Termination

 

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the iPayEasy Services and/or iPayEasy Merchant App, or in connection with any termination or suspension of the iPayEasy Services and/or this Agreement. Any termination of this Agreement, iPayEasy Services and/or iPayEasy Merchant App does not relieve you of any obligations to pay any Transaction Fees, other fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in this Agreement.

Upon termination of this Agreement for any reason:

1. 1. 1. 1. Merchant shall cease to use or make available for use the iPayEasy Services;
         2. Both Parties shall immediately cease use of the other Party’s Intellectual Property Rights and remove (or failing which, permit the other Party to remove) from its premises, stationery and other assets all signs, displays or other materials containing the other Party’s Intellectual Property Rights;
         3. Merchant shall immediately return to MAPS any items that has been provided to the Merchant to faciliate the usage of iPayEasy Services and/or iPayEasy Merchant App and shall promptly remove any digital copy of our iPayEasy Services from any computer memory or other storage medium on which it was stored;
         4. Merchant shall forthwith return to MAPS all loaned equipment and devices, promotional brochure, pamphlets, catalogues, advertising material specifications and other material documents and papers whatsoever sent to the Merchant, including any documentation which contain or refer to any Confidential Information relating to MAPS, its iPayEasy Services, its Customers or bearing any name, trademark or logo of iPayEasy or MAPS which the Merchant may have in its possession or under its control.

 

• Indemnity

 

You hereby agree to fully indemnify and to hold us harmless against any or all claims brought by any party resulting from the use of the iPayEasy Merchant App and/or iPayEasy Services by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered, or incurred directly or indirectly by us in consequence of such use of the iPayEasy Merchant App and/or iPayEasy Services, or your breach or non-observance of any of this Agreement. You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against us arising from the above claims, and shall provide us with notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at your sole expense.

The Merchant assumes all risks and losses arising from or in connection with offering iPayEasy Services including all loss arising from misuses, theft, burglary, forgery, robbery or other crime, destruction, mysterious disappearance and all other similar or dissimilar causes of loss and the Merchant shall indemnify MAPS against all consequent liability, loss and expenses incurred by MAPS.

You will indemnify, defend, and hold MAPS and our processors / partners  (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable legal fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to:

(a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies or rules;

(b) your wrongful or improper use of the iPayEasy Services and/or iPayEasy Merchant App;

(c) any transaction submitted by you through the iPayEasy Services (including without limitation the accuracy of any Product and/or Service information that you provide or any claim or dispute arising out of products or services offered or sold by you);

(d) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;

(e) your violation of any law, rule or regulation of Malaysia or any other country (including its respective provinces, states, territories and regions); and

(f) any other party’s access and/or use of the iPayEasy Services with your unique username, password or other appropriate security code.

Except to the extent of MAPS’ sole negligence, Merchant shall indemnify hold harmless and defend MAPS, its directors and employees from any and all claims, demands, litigation, expenses, liabilities penalty, fine or the like (including costs and legal fees sustained or paid) of every nature arising under any statute or common law pursuant to this Agreement for:

1. death or personal injury to persons or damage to tangible property;
2. breach of confidentiality of information or personal data obligations;
3. for infringement of any Intellectual Property Rights arising out of or incidental to this Agreement;
4. the presence of the Merchant’s employees or subcontractors on MAPS’ premises without working visa or permit; and
5. any act or omission by the Merchant and employees in connection with iPayEasy Services.

This provision shall survive the termination or expiration of this Agreement.

 

• Force Majeure

 

Without limiting the generality of any provision in this Agreement, we shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies upon whom we have no control over or any cause outside our reasonable control. Notwithstanding the above, you shall remain liable to pay all Transaction Fee, other fees and charges which are outstanding and/or due and payable to us. The iPayEasy Services may occasionally be affected by interference caused by objects beyond our control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion within our system. In the event of such interference, we shall not be responsible for any inability to use or access the iPayEasy Services, as result of the interruption or disruption of the iPayEasy Services.

 

• Taxes

 

All taxes and other charges imposed or to be imposed by the governments or such other competent authorities in respect of the provision of iPayEasy Service, the Products and/or Services or in connection with this Agreement shall be borne by the Merchant and the Merchant shall reimburse and indemnify MAPS for the payment of the same in respect of the provision of iPayEasy Service, Products, Services or in connection with this Agreement.

If as a result of the introduction of new laws, by-laws rules or regulations or the amendment of the existing laws, by-laws rules or regulations including but not limited to Sales and Services Tax (hereinafter referred to as “SST”) which may be levied by the government of the operating country, the Parties hereto shall comply with the new laws and pay the SST at such rate as may be determined by the government of Malaysia.

 

• Customer Service

 

You are solely responsible for all customer service issues relating to your Products, Services and/or goods, including pricing, order fulfilment, order cancellation by you or customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us. As between you and MAPS, we are solely responsible for customer service issues relating to your account or payment.

 

• Dormant Merchant Accounts

 

If you have not accessed your account for a period of one year, account will be terminated by us without notice. After the date of termination, we will transfer any funds that we are holding in custody for you, into the Merchant’s Designated Bank Account. If that information is incorrect, and we are unable to complete the payment to you, the relevant funds will be subjected to any laws applicable to unclaimed property and monies in Malaysia.

 

• Privacy

 

Your privacy is most important to us. Upon acceptance of this Agreement, you confirm that you have read, understood and accepted our Privacy Policy applicable to merchants found on our website www.ipayeasy.com.

By using the iPayEasy Services, you may receive information about Customers or other users. You must keep such information confidential and only use it in connection with the iPayEasy Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the user.

Where either Party receives any personal data from the Customer, it shall ensure that it fully complies with the provisions of the PDPA and only deals with the data to fulfil its obligations under this Agreement.

You shall indemnify MAPS for any breach of the PDPA which renders MAPS liable for any costs, fines, claims or expenses howsoever rising.

Each Party shall take all reasonable steps to ensure that all its partners, contractors, employees or agents comply with this clause and the provisions of the PDPA where they are processing any of the personal data of the Customer or otherwise.

 

• Disclosures and Notices

 

All notices, statements, demands, requirements or other communications and documents required or permitted to be given, served or delivered to any Party under this Agreement (hereinafter referred to as a “Communication”) shall be in writing in the English language and shall be either delivered by hand or sent by pre-paid certified or registered mail (airmail in the case of all international Communication) to that Party at its address stated below. A Communication once given, served or delivered shall be irrevocable without the consent of the recipient, which may be given or withheld, in its absolute discretion. A Communication shall be deemed to have been given, served or delivered:

(a) if delivered by hand, upon delivery with acknowledgement;

(b) if sent by mail, after three (3) Business Days of postage;

(c) if sent by electronic mail, twenty-four (24) hours after e-mail is sent provided always a copy thereof is sent by post.

To MAPS:

Attention : iPayEasy Merchant Relation

Address : Level 43A, 8, Jalan Damansara, Empire City, 47820 Petaling Jaya, Selangor, Malaysia.

Email : merchantcare@ipayeasy.com

 

To the Merchant:

The address, fax number and email as stated in the Merchant Application Form or otherwise provided to MAPS by Merchant.

 

• Copyright and Trademark Infringement

 

You acknowledge that the copyright, designs, trademarks and other intellectual property rights comprised in the information, text, graphics, scripts, software, technology, music, sound, photograph or any other materials or works used on, comprised or contained in the Platform, iPayEasy website, system and the Intellectual Property Rights (as defined below) (collectively “the Company Materials”) are the sole and exclusive property of MAPS and/or its licensors.

All marks used in respect to the provision of iPayEasy Merchant App and iPayEasy Services are the trademarks of MAPS. You acknowledge and agree that the iPayEasy Merchant App, iPayEasy Services and/ or any part thereof, whether presented to you by us, other advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved. You are only allowed to use the iPayEasy Merchant App and the iPayEasy Services as set out in this Agreement, and nothing in this Agreement or the provision of iPayEasy Merchant App or iPayEasy Services by us or use of the iPayEasy Merchant App or iPayEasy Services by you shall be construed as conferring any license or other transfer of rights to you in respect to any intellectual property of any proprietary rights of MAPS and/or its licensors.

 

• Security

 

MAPS has implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat or work around those measures or use your personal information for improper purposes. You acknowledge that you provide your personal data and other information at your own risk.

You expressly and irrevocably confirms that you and your employees utilising the iPayEasy Services and/or providing the Products and/or Services have no record of criminal convictions involving drugs, assaultive or combative behaviour, or theft within the last seven (7) years.

You understand that you and such employees, subcontractors and agents may be subject to criminal history investigations by us at our own expense.

We may remove from or refuse you, your employees, subcontractors and merchant, entry and re-admission to the Platform, property or facility, who is, in the reasonable opinion of MAPS, not conforming to these requirements or not a fit person to be allowed at MAPS Platform, site, property or facility. We may at our discretion, search you or any personnel appointed by the you or their vehicles or equipment upon any of MAPS’ site, property or facility or upon entry to and departure from MAPS’ site, property or facility.

You shall ensure that you and any employees assigned to utilise the iPayEasy Services are aware of and comply with these requirements.

 

• Your License

 

MAPS grants you a personal, limited, non-exclusive, revocable, non-transferable licence, without the right to sublicense, to electronically access and use the iPayEasy Services solely to accept and receive payments and to manage the funds you so receive, in accordance with this Agreement. The iPayEasy Services include our Platform, any software, programmes, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you by MAPS. You will be entitled to download updates to the iPayEasy Services, subject to any additional terms made known to you at that time, when we make these updates available.

While we want you to enjoy the iPayEasy Services, you may not, nor may you permit any third party to do any of the following:

(a) access or monitor any material or information on any iPayEasy system and/or Platform using any manual process or robot, spider, scraper, or other automated means unless you have separately executed a written agreement with MAPS that expressly grants you an exception to this prohibition;

(b) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from us;

(c) permit any third party to use and benefit from the iPayEasy Services via a rental, lease, timesharing, service bureau or other arrangement;

(d) transfer any rights granted to you under this Agreement;

(e) violate the restrictions in any robot exclusion headers on the iPayEasy Services or any iPayEasy service or product, work around, bypass, or circumvent any of the technical limitations of the iPayEasy Services, use any tool to enable features or functionalities that are otherwise disabled in the iPayEasy Services, or decompile, disassemble or otherwise reverse engineer the iPayEasy Services, except to the extent that such restriction is expressly prohibited by law;

(f) perform or attempt to perform any actions that would interfere with the proper working of the iPayEasy Services, prevent access to or use of the iPayEasy Services by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or

(g) otherwise use the iPayEasy Services except as expressly allowed under this section.

 

• Ownership

 

The iPayEasy Services are licensed and not sold. MAPS reserves all rights not expressly granted to you in this Agreement. The iPayEasy Services are protected by copyright, trade secret and other intellectual property laws. MAPS owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. This Agreement does not grant you any rights to iPayEasy trademarks or service marks.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any district, province, state, country or other jurisdiction.

You may choose to or we may invite you to submit comments or ideas about the iPayEasy Services, including without limitation about how to improve the iPayEasy Services or our other products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place MAPS under any fiduciary duty or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Ideas on a non-confidential basis or otherwise to anyone.

You further acknowledge that, by acceptance of your submission, MAPS does not waive any rights to use similar or related ideas previously known to MAPS, or developed by its employees, or obtained from sources other than you.

 

• Severability And Effect Of These Terms And Conditions

 

If any of the provision herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.

 

• Waiver

 

Any failure on our part to exercise any particular right or provision of this Agreement, shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.

 

• Assignment

 

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iPayEasy without restriction.

 

• Terms And Conditions Applicable To The Use Of Our Website

 

In addition to the foregoing terms and conditions, when you use our Platform, the Terms and Conditions governing the use of the Platform (if any) and Privacy Notice shall apply in addition to and not in substitution for any terms and conditions contained in this Agreement.

 

• Language

 

This Agreement is in English and the parties have requested that this Agreement and all related documents be drawn up in English.

 

• Merchant Support

 

For any information, inquiries, or reporting e-money issue and lodging a complaint in respect to the iPayEasy Service, you may email us at customercare@ipayeasy.com.my. We shall notify you of the status within seven (7) working days from the date you make the complaint or dispute. We at our absolute discretion, reserve the right to reject or decline your request.

If the reply or action taken by us to your query or complaint is not satisfactory to you, you may contact the following bodies:

Bank Negara Malaysia

Laman Informasi Nasihat dan Khidmat (LINK)

Ground Floor, D Block,

Jalan Dato’ Onn,

50480 Kuala Lumpur

Contact Centre (BNMTELELINK)

Tel : 1-300-88-5465

(Overseas: 603-2174-1717)

Fax: 603-2174-1515

Email: bnmtelelink@bnm.gov.my

Ombudsman for Financial Services (664393P)

(formerly known as Financial Mediation Bureau)

14th Floor, Main Block,

Menara Takaful Malaysia,

No. 4, Jalan Sultan Sulaiman,

50000 Kuala Lumpur.

BNMLINK and BNMTELELINK operating hours are from:

Monday – Friday, 9.00 a.m.-5.00p.m. Malaysia Time