Ria Money Transfer Mobile Reload - Terms and Conditions
Posted on 10 January 2023
These Terms and Conditions are a legal contract and an agreement between you, an individual customer, user, or beneficiary of this service of at least 18 years of age and IME (M) Sdn. Bhd. (Registration No. 200101027074 (562832-V)) (together with its subsidiaries and other affiliates, “us”, “we”, or “Ria”), regarding your purchase of mobile reload from us. You represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by these Terms and Conditions. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
For the purpose of these Terms and Conditions, the following terms shall have the meanings as defined below:
“AMLATFPUAA”: means Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and includes the subsidiary legislation, guidelines, policies and other similar documents issued by the relevant federal or local authority and provisions of statute include such statutes and provisions as modified, recertified or re-enacted;
“Personal Data”: means your information/data collected by Ria for the provision of the Service, either directly or indirectly, including but not limited to your name, address details, telephone number and others;
“Reload”: means the transaction of adding monetary value to the customer’s mobile device by Ria or its agent;
“Service”: means the reload service provided by Ria or its agent;
“Terms and Conditions”: means these terms and conditions and the terms of the services, policies and procedures as may be varied or modified from time-to-time at Ria's sole discretion;
“You” or “Your”: means you as the person to whom the Service has been rendered for in accordance with these Terms and Conditions;
1. USE OF THE SERVICE
- The Service is made available to You by Ria at its sole and absolute discretion.
- Ria is only a reseller of the Reload Service. Ria is not a warrantor, insurer, or guarantor of the Service to be provided by the telecommunication service providers. Reload sold by us to You is sold without recourse against us for any breach of contract by the telecommunication service providers. Any disputes regarding the quality, cost, expiration, or other terms of the Reload purchased must be handled directly between You (or the recipient of the Reload) and the telecommunication service providers.
- Notwithstanding anything contained in these Terms and Conditions, Ria may reject any of Your instructions relating to the Service if:
a. the instruction is in breach of any of the terms and conditions herein mentioned; or
b. Ria suspects the instructions may be fraudulently issued.
2. YOUR RESPONSIBILITY
2.1 By using the Service, You agree not to:
a) purchase Reload with what we reasonably believe to be potentially fraudulent funds;
b) infringe our or any third party's intellectual property rights, rights of publicity or privacy;
c) refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to Ria;
d) breach these Terms and Conditions or any other Ria agreement or policy;
e) provide false, inaccurate or misleading information;
f) use the Service in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Ria, a third party or You;
g) use the Service in a manner that Ria or any service provider reasonably believe to be a violation of any rules and regulations; and
h) take any action that may cause Ria to lose any of the Service from its telecommunication service providers, payment processors or other suppliers.
2.2 You agree that all disputes involving the Service should be addressed directly to the telecommunication service providers from whom the relevant goods and services were purchased. You shall not be entitled to counterclaim against us on account of such complaint or under any circumstances whatsoever in respect of Your claim against the telecommunication service providers. You shall not initiate any claim or take legal action against us for any claim You have against the telecommunication service providers or for any issues with regards to the delivery, quality, legality, fitness for purpose or any other aspect of the telecommunication service providers’ goods or services purchased by You via Ria or its authorized agents.
3.1 All Reload can only be purchased in Ringgit Malaysia.
3.2 All Reload shall not be considered to have been made until all relevant funds have been received and processed as good value by us. You agree that we shall not be liable to You in the event of delay in any loading or crediting of funds into Your mobile device where such delay is not attributable to our fault.
3.3 You are not allowed to cancel, return, or obtain refund for any successful transactions via the Service.
3.4 For all our available Reload channels, please refer to Ria’s website for details. Our Reload channels are not exhaustive and may change or be replaced from time to time. For Reload channels operated by our authorized agents or partners, please note that a fee may be levied by the respective agents or partners. We may also charge a fee, if applicable.
4. PERSONAL DATA
4.1 You are fully aware of the Personal Data collected by Ria from You and You hereby give Your consent to Ria for Your Personal Data to be used, processed, stored and/or disclosed in accordance with Ria's Privacy Notice which can be accessed at Ria's website at https://www.riamoneytransfer.com/en-my/privacy-policy/ in compliance with the Personal Data Protection Act 2010. Please read Ria's Privacy Notice carefully as it governs our collection and use of Your Personal Data.
4.2 You acknowledge that photographs and filming may take place at Ria's event or premises. Ria reserves the right to use images and videos recorded at such event or our premises with Your photographs and video for purposes of Ria's promotion and marketing at social media channels, Ria's website and print materials, without obtaining any further consent from You. If You do not wish for Your photograph and/or video to be taken at Ria's event or premises, please notify us during the event or at our premises and we will use reasonable endeavours to comply with Your request.
5. RESPONSIBILITY FOR LOSSES
5.1 You shall be responsible for any losses, expenses or other costs incurred by us, our Group, affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) which result from Your breach of these Terms and Conditions, including, without limitation, any use of our Service other than as expressly authorized in these Terms and Conditions or Your negligence, fraud or wilful misconduct.
6.1 This Service is provided on an “as is” and “as available” basis. Ria disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to:
a. availability, accessibility, timeliness and uninterrupted use of the Service; and
b. sequence, accuracy, completeness, timeliness or the security of any data, information provided to You as part of the Service.
6.2 Ria 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 Service including but not limited to:
a. any resulting dispute between You and the telecommunication service providers over any aspect thereof, including, but not limited to, issues relating to quality, merchantability, fitness for use, quantity, or delivery; and/or
b. resulting from the exercise of Ria’s rights in these Terms and Conditions and/or which arise from Your default.
6.3 Ria hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
6.4 Notwithstanding anything to the contrary contained herein, the maximum liability of Ria shall not exceed in aggregate the sum of Ringgit Malaysia Three Thousand (RM3,000.00)
7.1 You agree to indemnify Ria against all claims, losses, liabilities, proceedings, demands, costs and expenses (including legal fees) which may result or which Ria may sustain in connection with or arising from the provision of the Service to You due to (i) Your own act, omission, conduct, fault, negligence or fraud; (ii) Your breach or non-compliance with these Terms and Conditions; or (iii) breach by You of any applicable laws.
8. FRAUD AND IRREGULARITIES
8.1 Notwithstanding anything in these Terms and Conditions, in the event there is suspected fraud or irregularities in the Reload transaction, no refund shall be made to You on any suspected fraudulent transactions. Ria shall not be held liable or responsible in relation to any claim made by You or any third parties on such Reload transaction.
9. APPLICABLE LAW, JURISDICTION & LANGUAGE
9.1 These Terms and Conditions, its subject matter and its formation, are governed by Malaysian laws, with the exception of its conflict of law rules.
9.2 You and we both agree that the courts in Malaysia will have exclusive jurisdiction over any disputes.
9.3 These Terms and Conditions do not affect Your statutory rights as a consumer.
9.4 We, at our discretion, may provide You with translation of the English version of these Terms and Conditions. You and we both agree that the translation is only for Your convenience and does not form part of the agreement. The English version of these Terms and Condition shall be the only version that govern the provision of our Service to You.
10. FORCE MAJEURE
10.1 Without limiting the generality of any provision in these Terms and Conditions, Ria 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, pandemic, epidemic, acts or omission of persons or bodies for whom Ria has no control over or any cause outside Ria’s reasonable control.
10.2 The Service may occasionally be affected by interference caused by objects beyond Ria’s control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or system failure. In the event of such interference, Ria shall not be responsible for any inability to use or access the Service, interruption or disruption of the Service.
11. AMENDMENT AND MODIFICATION OF TERMS AND CONDITIONS
11.1 Ria reserves the right at its absolute discretion, from time to time, to vary, add to, delete, or otherwise amend these Terms and Conditions or any part thereof by giving You twenty - one (21) days’ prior notice of such changes, additions or deletions. Your continued use of the Service after the effective date of any variation, addition, deletion or amendments to these Terms and Conditions shall constitute Your unconditional acceptance of such variation, addition, deletion or amendments. You are advised to visit Ria’s website from time to time to keep updated on the latest variation to these Terms and Conditions (if any).
11.2 The fees and charges imposed by Ria (if any) pursuant to these Terms and Conditions may change from time to time. Ria shall notify You of any changes to the fees and charges imposed by Ria giving no less than twenty-one (21) days prior to the effective date of the said changes to the fees and charges.
12. ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS OF UNLAWFUL ACTIVITIES ACT 2001 (AMLATFPUAA) & FINANCIAL SERVICES ACT 2013 (FSA)
12.1 Ria acknowledges that the document or information collected by Ria from You relating to Your affair as a customer of Ria will only be used and/or disclosed in accordance with the secrecy provisions under the FSA.
12.2 Ria, its subsidiaries and officers shall comply in all material respects with all applicable laws, regulations, guidelines and policies relating to AMLATFPUAA, including all Regulations and Rules.
12.3 Without limiting the generality of the foregoing, to the extent required by the AMLATFPUAA, Ria shall (a) maintain an anti-money laundering and anti-terrorism financing compliance program that is in compliance, in all material respects, with the AMLATFPUAA and (b) where necessary, maintain sufficient information to identify You for purposes of compliance, in all material respects, with the AMLATFPUAA.
13. INTELLECTUAL PROPERTY
13.1 All trademarks and other intellectual property rights used in relation to the Service belong to Ria.
13.2 You acknowledge and agree that all trademarks and other intellectual property rights relating to the Service or any part thereof, whether presented to You by Ria, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and all Ria’s rights therein are expressly reserved.
14.1 If any court of competent jurisdiction finds that any part of these Terms and Conditions is invalid, unlawful or unenforceable for any reason, those parts shall be deleted from these Terms and Conditions and no-one other than You or we can enforce any of the terms or take any action on remaining parts of these Terms and Conditions in force. This will not affect the validity of the remaining parts which will continue to be binding on You and us.
15.1 Ria’s failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by Ria in writing.
16.1 You shall not assign or in any other way transfer Your rights or obligations under these Terms and Conditions or part thereof. Ria may assign these Terms and Conditions in whole or in part to any third party at its discretion.
17. BINDING EFFECT
17.1 These Terms and Conditions shall be binding upon Your successors and permitted assigns. These Terms and Conditions shall be binding upon and enure to the benefit of Ria’s respective successors in title and assigns.
18. ENTIRE AGREEMENT
18.1 These Terms and Conditions constitute the entire agreement between You and us and supersede any prior agreements (whether written or oral) which may exist between You and us. Nothing in this clause 18 will exclude any liability which You or we would otherwise have to the other in respect of any statements made fraudulently.
19. INQUIRIES OR COMPLAINTS
- We value all our customers and take our obligations seriously. You may contact our customer service team in relation to our Service by telephone on 1800 88 2077, or by email to: MY_support@riamoneytransfer.com or by post to Ria Customer Service, East High Zone, Unit 38-02, Level 38, Q Sentral 2A, Jalan Stesen Sentral 2, Kuala Lumpur Sentral, 50470 Kuala Lumpur.
- We have established internal procedures for investigating any complaint that may be made against us. In accordance with our complaints procedure, any complaint You may make must be made by telephone to 1800 88 2077, or by email to: MY_support@riamoneytransfer.com
- If You are still dissatisfied following our response to any complaint, You have a right to refer Your complaint to the Bank Negara Malaysia (“BNM”) at 1300 88 5465 or through BNM’s eLINK web form at: https://telelink.bnm.gov.my/