Terms of Use

2. Eligibility and accounts

• 2.1 The Services are intended for business use by merchants operating a lawfully registered business in Malaysia. You must be at least 18 years old and authorised to act on behalf of the merchant.
• 2.2 To use the Services you must register an account and provide accurate, current and complete information, and inform us promptly of any changes.
• 2.3 You are responsible for all activity under your account. You must keep credentials confidential and must not share them. Where you create sub-accounts for staff, you are responsible for their access levels and their use of the Services.
• 2.4 Notify us immediately if you become aware of any unauthorised access to your account.
• 2.5 Accounts are specific to the merchant and are not transferable without our prior written consent.

3. Subscription and fees

• 3.1 The Products are provided on a subscription basis, on the pricing and payment terms set out in your service order, quotation or invoice. Hardware supplied with a Product is charged separately in accordance with Schedule D.
• 3.2 Fees are payable in Malaysian Ringgit and are exclusive of applicable taxes unless stated otherwise.
• 3.3 We may revise subscription fees for a renewal period by giving at least thirty (30) days' written notice before the renewal date.
• 3.4 Where fees remain unpaid beyond the due date, we may suspend access after reasonable notice.
• 3.5 Except where required by law, subscription fees paid are non-refundable, and we do not provide refunds or credits for partial subscription periods.

4. Your responsibilities

4.1 You must use the Services only for lawful business purposes and in accordance with these Terms.

4.4 You must not process transactions you know or suspect to be fraudulent, and must report suspected fraud to us promptly.

5. Data and ownership

5.1 Your data. Transaction records, product data, customer records and other information you enter into or generate through the Services ("Merchant Data") remain yours. You grant us a licence to host, process, transmit and back up Merchant Data as necessary to provide the Services and to comply with our legal and contractual obligations.

5.2 Personal data. Where Merchant Data includes personal data, each party will comply with the Personal Data Protection Act 2010. Our handling of personal data is described in our Privacy Policy. Where a Product stores data locally on your own equipment, you are responsible for the security of that equipment.

5.3 Bank-owned data. Where we hold merchant application or transaction data in our capacity as an appointed Master Merchant of a financial institution, that data is held on that institution's behalf and is subject to its instructions.

5.4 Our platform. The Products, their software, design, documentation and all intellectual property rights in them remain our exclusive property or that of our licensors. You receive only a non-exclusive, non-transferable right to use the relevant Product during your subscription.

5.5 Data export. On termination, you may request an export of your Merchant Data within thirty (30) days. After that period we may delete it, subject to any retention obligations described in our Privacy Policy.

6. Payment services and third parties

• 6.1 Our Products integrate with payment terminals, payment gateways, e-wallet providers and acquiring banks. These are provided by third parties under their own terms.
• 6.2 Card payment processing, authorisation and settlement are performed by the relevant acquiring bank and certified payment terminal, not by us. We do not hold or control settlement funds.
• 6.3 We do not receive, process or store full payment card numbers, card expiry dates, card verification values or PIN data. Card data is handled within certified payment terminals.
• 6.4 We are not responsible for the acts, omissions, availability or failures of third-party payment providers, acquiring banks or telecommunications providers, though we will provide reasonable assistance in resolving issues that arise.
• 6.5 Chargebacks, disputes and clawbacks are determined by the acquiring bank in accordance with card scheme rules and your merchant agreement with that bank.

7. Availability and support

7.1 We provide the Services and support in accordance with our Service Level Agreement, published at our SLA Document . Service levels differ by Product as set out in the Schedules.

7.2 We may carry out scheduled maintenance, giving at least twenty-four (24) hours' notice where practicable, performed during off-peak hours wherever possible.

7.3 We may carry out emergency maintenance without notice where required to protect the security or integrity of the Services.

8. Confidentiality

8.1 Each party will keep the other's confidential information secure, use it only for the purposes of this agreement, and not disclose it without consent, except where required by law or by a regulator.

8.2 This obligation survives termination.

9. Suspension and termination

9.1 By you. You may terminate your subscription by written notice. Access continues until the end of the current billing period.

9.3 Where we suspend or terminate for suspected fraud or on regulatory instruction, we may do so immediately and without prior notice.

9.4 Product withdrawal. We may withdraw a Product from service by giving affected merchants at least ninety (90) days' written notice, and will offer a migration path to another of our Products where one is available.

9.5 On termination, your right to use the relevant Product ends. Sections relating to data, confidentiality, liability and governing law survive.

10. Disclaimers

10.1 We provide the Services with reasonable care and skill and in accordance with our Service Level Agreement.

10.2 Except as expressly stated in these Terms and our Service Level Agreement, and to the extent permitted by law, the Services are provided without further warranties. We do not warrant that the Services will be uninterrupted or entirely free from error.

10.3 Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under Malaysian law.

11. Limitation of liability

11.1 Subject to clause 10.3, neither party is liable for indirect or consequential loss, or for loss of profits, revenue, business, goodwill or anticipated savings.

11.2 Subject to clause 10.3, our total aggregate liability in any twelve (12) month period is limited to the total fees paid by you to us in that period.

11.3 We are not liable for loss arising from your failure to maintain a suitable internet connection, power supply or hardware, from data entered incorrectly, from your failure to install updates we have made available, or from the acts or omissions of third-party payment providers or acquiring banks.

12. Indemnity

You will indemnify us against claims, losses and reasonable costs arising from your breach of these Terms, your unlawful use of the Services, or any claim by a third party (including your own customers) arising from your acts or omissions.

13. Changes to these Terms

13.1 We may amend these Terms from time to time, giving at least twenty-one (21) days' notice of material changes by email or by notice within the relevant portal.

13.2 If you do not accept a material change, you may terminate your subscription before it takes effect. Continued use after the effective date constitutes acceptance.

14. General

• 14.1 Notices. We may send notices to the email address registered on your account. You may send notices to us at the address in Section 15.
• 14.2 Force majeure. Neither party is liable for delay or failure caused by events outside its reasonable control, provided it notifies the other and takes reasonable steps to mitigate.
• 14.3 Assignment. You may not assign your rights without our written consent.
• 14.4 Severability. If any provision is held invalid, the remaining provisions continue in effect.
• 14.5 Governing law. These Terms are governed by the laws of Malaysia, and the courts of Malaysia have exclusive jurisdiction.

15. Contact