TERMS OF SERVICE
1. IMPORTANT INFORMATION
PLEASE CAREFULLY READ AND REVIEW THESE TERMS OF SERVICE BEFORE USING THE SERVICE. BY USING THE SERVICE, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE DO NOT REGISTER FOR AND USE THE SERVICE. PLEASE ALSO USE THE GLOSSARY TO UNDERSTAND THE MEANING OF SOME OF THE TERMS USED IN THESE TERMS OF SERVICE.
2. WHO WE ARE
The Service is provided by Acepayz Sdn Bhd with its place of business at The Vertical Business Suites, Tower B, Level 17 Unit 06, Jalan Kerinchi, Bangsar South, 59200 Kuala Lumpur, Malaysia (“Company”).
3. TERMS OF SERVICE
Purpose of these Terms of Service
These Terms of Service govern the access and use of the Service by you. It is important that you read these Terms of Service together with any other notice or policy we may provide on specific occasions so that you are fully aware of your rights and obligations when accessing and using our Service. These Terms of Service supplements other notices and policies, and is not intended to override them.
Changes to the Terms of Service
We shall have the right to modify, update or amend the terms of this Terms of Service by placing on the website upon at least twenty-one (21) calendar day notification to you. By continuing to communicate with us or by continuing to use our Service following the modifications, updates or amendments to these Terms of Service, this shall signify your acceptance of such modifications, updates or amendment.
4. OUR SERVICE
Our Service enables you to perform the Payment Transaction through the use of AcePay, a payment gateway service operated by the Company.
To use the Service, you will need to complete our KYC process.
5. CHARGEBACK AND REFUND
We will use our best efforts to prevent chargeback which include carefully track and manage chargeback and take steps to avoid future chargeback.
If you claim that an unauthorized payment or an otherwise fraudulent transaction is made via AcePay which gives rise to chargeback, we will immediately be entitled to debit merchant account and/or recover from merchant through other means. We will use our best efforts to ensure that such relevant merchant provide the transaction evidence upon our request. If we do not receive the transaction evidence within the stipulated period, or we deem the transaction evidence to be inadequate, or the unauthorized payment is due to merchant’s default or negligence, or the determination of any chargeback by the relevant network or card scheme operator to make refunds of unauthorized payments or fraudulent transaction which gives rise to chargeback, we will be entitled to refund you for the amount that we settled with the merchant regarding the transaction in question.
If you request a refund in accordance with merchant’s after-sale policy or a refund is required by the applicable laws, we will make such refund to your account. Merchant agrees to reimburse us for each such refund and for that purpose authorizes us to deduct the amount of each refund from the merchant accounts. If the amount in the merchant account is not sufficient to process the relevant refund, we will be entitled to process the refund only after the amount in the merchant account becomes sufficient to pay the amount of such refund or after we receive from the merchant an amount sufficient to process the refund. For the avoidance of doubt, we shall not be responsible for any claim or liability that the relevant user may seek from the merchant in the event of any delay in processing such Refund.
9. USER RESPONSIBILITY
(i) provide accurate and complete information to us. You will immediately provide up-to-date information of yourself to us upon any changes.
(ii) comply with these Terms of Service and all applicable laws of Malaysia relating to the Service.
(iii) use the Service for valid and legal purposes only.
(iv) review your Payment Transaction history regularly. The Payment Transaction history in our system is final and conclusive.
(v) authorize us to rely and act upon all communications and instructions given by you. Any instruction or communication sent from your Payment Account shall be deemed to have been issued by you irrespective of whether such instructions, confirmations and/or communications were actually sent by you.
You shall not:
(i) use the Service to engage in money-laundering, terrorism financing, drug trafficking, wagering or other fraudulent, illegal or criminal activities.
(ii) use the Service in any way which undermines or infringes on our rights or the rights of any third party
(iii) hold us liable for any loss or damage arising from your failure to keep information relating to your Payment Account safe and confidential.
(iv) do anything which disrupts, interferes or interrupts with the proper operation of the Service;
(v) attempt to defraud, infect or spam the system, manipulate the services or attempt to obtain any unlawful or fraudulent gains under the Service or any offer made from time to time;
10. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all trademarks and intellectual property rights relating to the Service are owned by (or licensed to) us and shall remain the sole property of us (or its licensor, as the case may be).
You shall not dispute the ownership of all trademarks and intellectual property rights relating to the Service.
12. DISCLAIMER AND LIMITATION OF LIABILITY
THIS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL LIABILITY AND MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES OF ANY KIND IN RELATION TO THE SERVICE INCLUDING BUT NOT LIMITED TO
ACCESSIBILITY, TIMELINESS AND UNINTERRUPTED USE OF THE SERVICE; AND COMPLETENESS, TIMELINESS, SEQUENCE, ACCURACY OR THE SECURITY OF ANY DATA, INFORMATION PROVIDED TO YOU AS PART OF THE SERVICE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND DISCRETION AND YOU WILL ASSUME TOTAL RESPONSIBILITY THEREFOF. YOU WILL RELY ON YOUR OWN REVIEW AND EVALUATION OF THE SERVICE TO ASSESS ITS SUITABILITY FOR YOUR PARTICULAR PURPOSE. YOUR SOLE REMEDY AGAINST US IN THE EVENT OF DISSATISFACTION IS TO CEASE USING THE SERVICE.
WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST REVENUE, PROFITS OR BUSINESS ARISING OUT OF, OR IN CONNECTION WITH THE SERVICE (INCLUDING ANY BREACH HEREOF) OR THE PAYMENT TRANSACTIONS CONTEMPLATED HEREBY .
You agree to, at your sole cost and expense, indemnify, defend and hold harmless us against any and all cost, claims, suits, actions, demands, damages, liabilities, expenses (including reasonable fees and disbursements of counsel), judgments, settlements and penalties of every kind (collectively “Losses”) in connection with: (a) any breach by you of any provision contained herein; (b) any failure on your part to comply with all applicable laws in connection with the Service provided hereunder; (c) any violation or claimed violation of a third party’s rights, including intellectual property rights in connection with the Service; or (d) the negligent or intentionally wrongful acts or omissions of you. You hereby agree and undertake to fully indemnify and keep us harmless from and against all actions, claims, proceedings, costs (including legal costs on an indemnity basis), losses, charges, expenses which we may suffer due to misconduct, dishonesty, fraud or negligence perpetrated by any third parties as a result of the negligence or wilful act or default of you.
14. GOVERNING LAW AND JURISDICTION
These Terms of Service shall be interpreted, construed and enforced in all respects in accordance with the laws of Malaysia. Each Party irrevocably submits to the exclusive jurisdiction of the courts of Malaysia, in connection with any action under these Terms of Service, or otherwise arising under or by reason of these Terms of Service.
15. QUERIES OR COMPLAINTS
You may address your queries or complaints to our customer care department in relation to the Service via email at email@example.com or call us at +603 2242 1297.
If our reply 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)
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.
If any term of these Terms of Service is deemed unenforceable, the remaining terms will remain in full force and effect.
No failure or delay by us in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any other rights, power or privilege hereunder.
We shall not be liable for any failure to perform our obligations herein caused by event which is outside our reasonable control (“Force Majeure Event”). Force Majeure Event includes 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.
KYC means the electronic process to validate the identity of a user by verifying the personal details of the user including but not limited to the one-time password (OTP) verification through your mobile number.
Participating Merchant means any parties or entities comprising of international and local merchant which accepts Payment Transaction through AcePay.
Payment Account means the account that is held in the name, or associated with the Unique Identifier, of any person, and is used by that person for the initiation of the execution of a Payment Transaction.
Payment Transaction means the payment made using AcePay for the purpose of paying for goods and services offered by Participating Merchant.
Service means the enabling of Payment Transaction by us.
Updated as at June 2020