RIA MONEY TRANSFER MERCHANT MOBILE APPLICATION – TERMS AND CONDITIONS
Posted on August 14, 2023
1.1 The terms and conditions set out herein (“Terms”) forms an integral part of the E-Wallet Master Merchant Agreement and the E-Wallet Merchant Agreement entered between IME and the Merchant or as the case maybe, the agreement entered directly between the master merchant and the Merchant (“Agreement”). These Terms shall govern the use of the Service by which You as a Merchant is and will be bound. These Terms have the same force and effect as if expressly set out in the body of the Agreement. The provision, operation and use of the Service is further governed by the Applicable Laws.
1.2 By downloading the Merchant mobile application (“Merchant App”) and use any of the services we make available through the Merchant App (“Services”), You hereby agree to unconditionally accept these Terms, as may be amended by IME from time to time.
1.3 Subject to the limitations by Applicable Laws, IME reserves the right at its sole and absolute discretion, from time to time, to vary, add to, delete or otherwise amend these Terms or any part thereof. In the event of any changes to these Terms, IME will notify You twenty (21) days prior to changes via e-mail to your email address registered with IME.
1.4 Your continued use of the Service after the effective date of any variation, addition, deletion or amendments to these Terms shall constitute Your unconditional acceptance of such variation, addition, deletion or amendments.
1.5 The use of certain features of the Merchant App and/or Service may be subject to additional terms, rules, policies or codes of conduct as determined by IME from time to time, and You will be required to comply with the same in using them. All such additional terms, rules, policies or codes of conduct are hereby incorporated by reference into these Terms.
1.6 The Merchant App and Services are for business use only and not for use by customers. All references to “You” or “Your” in these Terms shall be deemed to include the entity, business or other organisation on whose behalf You are using the Merchant App or receiving payments and You promise to us that You have the necessary authority to bind that organisation to these Terms.
1.7 If these Terms are available in any other language, the English version shall govern in the event of any inconsistency, conflict, ambiguity or discrepancy between the English version and any other language version of these Terms.
2.1 In these Terms, the following words and expressions have the following meanings unless inconsistent with the context or stated otherwise:
“Activation” means the point in time when a Merchant Account is activated for use;
“AML/CFT Legislation” means the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 of Malaysia;
“Applicable Laws” mean and include all statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, determinations, directives, writs, decrees, injunctions, judgments, awards or orders of any government authority, statutory authority, tribunal, board, court, and if applicable, international treaties and regulations, as amended from time to time and including but not limited to (a) Financial Merchant Application Act 2013, (b) Money Merchant Application Business Act 2011, (c) Financial Services Act 2013, (d) Anti-Money Laundering, Anti- Terrorism Financing and Proceeds of Unlawful Activities Act 2001, (e) Unclaimed Money Act 1965, (f) the Personal Data Protection Act 2010 (PDPA) of Act 709, and (g) the rules, regulations or directives of Bank Negara Malaysia;
“Authentication” or “Authenticated” means a confirmation sent by a Merchant to IME authorising a particular transaction undertaken or transacted by that Merchant, in accordance with such prescribed method determined by IME from time to time;
“Authorised Users” has the meaning ascribed to it in Clause 4.5 below;
“Available Balance” means the amount of fund which is standing in credit in a Merchant Account;
“Customer Service” means IME Customer service agent which can be contacted by email at MY_support@riamoneytransfer.com or by telephone to 1800 88 2077;
“IME” means IME (M) SDN. BHD. (Registration Num: 200101027074 (562832-V)), a company incorporated in Malaysia;
“IME Customers” means users of Ria e-Wallet and Ria Mobile Payment App;
“Intellectual Property Rights” means all intellectual property rights (whether registered or not), including but not limited to copyright (including copyright in computer software), patents, logos, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence;
“Merchant”, “You”, “Your and/or Yours” means such person(s) or company registered with IME or IME’s master merchant to use the Service and authorized to provide services to IME Customers;
“Merchant Account” means an account created on the Platform System by or for a Merchant in order to provide services to IME Customers;
“Merchant App” means IME software application downloaded onto and run on Mobile Device, for the use of Merchants for the provision of the services to IME Customers;
“Mobile Device” means a portable and wireless computing or telecommunication device together with accessories including but not limited to smartphone and handheld tablet;
“Personal Data” means information that relates directly or indirectly to a Merchant, who is identified or identifiable from that information, including but not limited to name, address, telephone number and other personally identifiable information, collected by IME for the provision of the Service;
“Platform System” means technological system underlying the Merchant App or Ria Mobile Payment App used by IME to provide the Service;
“Ria Mobile Payment App” or “Ria e-Wallet” means a software application on a mobile device through which Ria Mobile Payment Service is provided;
“Service” means the provisions of the Merchant App and Merchant Account by IME, including all associated services provided to Merchants using the IME Merchant App and/or Merchant Account;
“Site” means IME’s website at https://riamoneytransfer.com/
3.1 The Merchant App enables You to, amongst other functionalities as may be made available from time to time:
(a) accept cash from IME Customers and load electronic monies to their Ria e-Wallet accounts at Your designated outlets using the Merchant App. The payments by IME Customers, in the form of cash accepted by You will be transferred to the respective IME Customers’ Ria e-Wallet accounts in the form of electronic monies; and
(b) accept electronic monies from IME Customers and in exchange, pay them cash at Your designated outlets using the Merchant App. The payments by IME Customers, in the form of electronic monies, accepted by You will be stored in the respective Merchant Accounts.
4. USE OF MERCHANT APP AND MERCHANT ACCOUNT
4.1 Upon becoming our Merchant, You will be required to download our Merchant App onto Mobile Device(s) controlled by You. You are solely responsible for Your own hardware, internet connection or telecommunication charges incurred for using the Service.
4.2 You may only use the Service upon Activation and strictly in accordance with the terms and conditions of Your Agreement.
4.3 The Merchant App and Your Merchant Account may only be used on or via Mobile Device(s) controlled by You and strictly for Your own business use only as a registered Merchant.
4.4 Any instruction, confirmation and/or communication sent from Mobile Device(s) controlled by You via Your Merchant Account shall be deemed to have been sent and/or issued by You irrespective of whether such instruction, confirmation and/or communication was actually sent by You or a third party, whether authorised or otherwise, in which case IME shall deem that Your Merchant Account has been accessed legitimately and the transactions performed thereunder shall be valid. You shall be personally liable and responsible for the use of Your Merchant Account including but not limited to all transactions undertaken and/or transacted using Your Merchant Account once the said transaction has been Authenticated irrespective of whether the transactions were undertaken and/or transacted by You unless it can be established that such transactions were erroneously transacted due to an error on the part of IME. The record of all transactions Authenticated through the prescribed method shall be binding and conclusive evidence of Your transactions undertaken and/or transacted using Your Merchant Account.
4.5 You are solely responsible for designating any individuals who have the right or authority to access Your Merchant Account or Mobile Device(s) controlled by You (“Authorised Users”). Whilst You may permit such Authorised Users to access and use Your Merchant Account (e.g. to perform transactions, update profile, etc) or Mobile Device(s), You as a registered Merchant shall remain fully liable for all acts and omissions of such Authorised Users, whether or not such Authorised Users have acted in accordance with Your instructions. You are solely responsible for maintaining the confidentiality of Your password, login information and other information relating to Your Merchant Account, and any and all activities that occur under Your Merchant Account. You shall be fully responsible to:
(a) effect and maintain adequate security measures to safeguard the access and use of Your Merchant Account or Mobile Device(s) controlled by You against unauthorised access and use;
(b) maintain a full and accurate records of Your Authorised Users and the location(s) of Your business outlet(s) where You use the Service to accept or make payments from/ to IME Customers, and produce such records to IME on request from time to time; and
(c) notify IME immediately of any known or suspected unauthorised use of Your Merchant Account or breach of its security and use Your best efforts to stop such breach.
4.6 IME reserves the right at any time to terminate or suspend access to the Service if IME believes in good faith that such termination or suspension is necessary to preserve the security, integrity or accessibility of the Platform System and the Service.
4.7 Your Merchant Account is not transferable nor assignable to any third party and shall be exclusively used by You. Your Merchant Account cannot be pledged or used in any manner by You as any form of security instrument for any purpose whatsoever.
4.8 During the term of the Agreement and subject to these Terms, IME grants You a limited, revocable, non-exclusive, non-transferable right of access and use of the Merchant App. You shall not permit the use of the Merchant App and/or Service by any third party without the prior written approval of IME. All rights not expressly granted to You pursuant to the Agreement are reserved by IME, and all uses of the Merchant App and the Service not expressly permitted hereunder are prohibited.
5.1 You may view Your transaction history via the Merchant App or as made available by Merchant App from time to time. You should regularly review Your transaction history to ensure that there has not been any unauthorised use of the Service performed via Your Merchant Account. A hardcopy of the transaction history is available upon request with IME subject to payment of any applicable fee chargeable for such request. All entries in the transaction history are deemed true and accurate unless You inform IME of any error, exception, dispute or unauthorised transaction within thirty (30) days from the date of the transaction. If IME does not receive any written notification from You concerning any error in the transaction history within the stipulated time frame, the transaction history shall be deemed true, complete and accurate, and You shall then be deemed to have accepted the entries in the transaction history made up to the date of the last entry in the transaction history as final and conclusive.
5.2 By registering for a Merchant Account, You authorise IME to rely and act upon all communications and instructions given by You in relation to the use of the Service. An instruction will only be accepted by IME if You have satisfied the prescribed security criteria as determined by IME from time to time. In giving instruction to IME or through the Service, You ensure that any and all instructions are accurate and complete, failing which IME shall not be liable for any losses or damages in relation thereto.
5.3 Notwithstanding anything contained in the Agreement, IME may reject any of Your instructions relating to the use of the Service or any transaction undertaken via Your Merchant Account, if:-
(a) the instruction or transaction is in breach of any of provisions of the Agreement or these Terms; or
(b) IME suspects the instruction may be fraudulently issued or determines that the use of the Service or the transaction poses a risk to the Platform System.
5.4 You shall not be entitled to receive any interest or other profits in anyway whatsoever in relation to the Service.
6. MERCHANT’S RESPONSIBILITIES AND RESTRICTIONS
6.1 In using the Service, You shall:
(a) download and install the official Merchant App from the Google Playstore and/or Apple iOS store only and not from any other sources, failing which You shall be sole responsible for any losses or damages in relation thereto, including but not limited to any financial and/or information loss;
(b) be responsible for all hardware or software necessary to use the Service (including ensuring compatibility of Your Mobile Device with the Platform System and any changes or upgrades thereof). If You download and install the Merchant App onto any illegally modified devices such as jailbroken device, rooted device or any device that has been altered in any way whatsoever, You shall be solely responsible for any losses or damages in relation thereto, including but not limited to any financial and/or information loss;
(c) keep Your information related to Your Merchant Account, including Personal Data, password and login information, confidential at all times and shall take all steps to prevent disclosure of such information and unauthorised access or use of Your Merchant Account. You shall be solely responsible and liable for any use and misuse of Your Merchant Account and all activities that occur under Your Merchant Account;
(d) ensure that all information and data provided to IME including Personal Data are true, accurate, updated and complete at all times, and promptly update such information and data if there are any changes to the same. IME shall not be responsible and liable whatsoever and howsoever to You due to any inaccurate or incomplete information and data provided to IME;
(e) comply with all notices or instructions given by IME from time to time in relation to the use of the Service;
(f) be responsible and liable for all payment of any fees, charges, taxes and duties for using the Service in a timely manner;
(g) be fully responsible for any and all data transmitted or broadcasted from Your Mobile Device whether by You or any other person;
(h) use the Service in compliance with Applicable Laws and for legitimate purposes, and comply with the provisions of the Agreement;
(i) take all reasonable steps to prevent fraudulent, improper or illegal use of the Service;
(j) exercise all due care and diligence in the use and maintenance of Your Merchant Account and Service;
(k) cease to utilise the Service or any part thereof for such period as may be required by IME; and
(l) report immediately to IME, including lodging a police report and providing a certified true copy thereof whenever required by IME, upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to Your Mobile Device(s) and its use. Prior to IME’s receipt of Your notice or instruction to suspend or terminate Your Merchant Account and/or Service, You shall be liable for all transactions made and/or charges incurred in respect of the fraudulent, improper or illegal use of Your Merchant Account and/or Service and/or arising from the theft or loss of Your Mobile Device(s).
6.2 In using the Service, You shall not:
(a) fraudulently register a Merchant Account. If IME discovers that You are impersonating another person, IME shall be entitled to immediately terminate Your Merchant Account and report such fraudulent activity to the relevant authorities;
(b) use the Service for any purpose which is against public interest, public order or national harmony or for any unlawful purposes, including but not limited to vice, gambling or other criminal purposes whatsoever or transmitting any content which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character or in any other manner which may result in complaints, claims, disputes, penalties or liabilities to IME;
(c) use the Service to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person;
(d) hack into, access, tamper, breach or circumvent any Authentication or security of any host, network or account of IME or its provider’s computer systems or interfere with service to any user, host or network, including, without limitation, sending a virus and causing excessive or disproportionate load on the Platform System;
(e) attempt to probe, scan or test the vulnerability of the Platform System or network or breach any security or Authentication measures;
(f) copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer and/or otherwise make available any of the Service or any information obtained by You while using the Service;
(g) remove, change and/or obscure in any way anything on the Merchant App and/or the Service or otherwise use any material obtained whilst using the Merchant App and/or the Service;
(h) copy or use any material from the Merchant App and/or the Service for any purpose or in any manner not permitted hereunder, remove, obscure or change any copyright, trade mark or other Intellectual Property Rights notices contained in the original material, or from any material copied or printed off from the Merchant App, or obtained as a result of the Service;
(i) use any of IME’s trademarks, logo, URL or product name without IME’s written consent;
(j) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
(k) impersonate or misrepresent Your affiliation with any person;
(l) attempt to receive funds from IME, IME Customers and/or any third party for the same transaction by submitting similar claims;
(m) use an anonymizing proxy while registering a Merchant Account;
(n) control a Merchant Account that is linked in any way to another Merchant Account that has or suspected to be engaged in any prohibited or restricted activities;
(o) manipulate or exploit IME’s promotional campaigns or activities or other service in anyway which IME may deem as improper, irregular or dishonest;
(p) use the Service dishonestly or in bad faith or with malicious intent; and
(q) harvest or collect email addresses or other contact information of IME Customers or any third party by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
6.3 IME reserves the right to investigate and take appropriate legal action against anyone who, in its opinion, violates the above provisions, including without limitation, suspending or terminating the relevant Merchant Account of such violators and reporting them to the law enforcement authorities.
6.4 If You wish to update Your profile and Personal Data, including but not limited to, mailing address, contact details, phone numbers, email address, and other personal particulars, You may do so by contacting Customer Service. IME may from time to time first verify Your identity through the security protocols established by IME (as may be changed from time to time at IME’s sole and absolute discretion) before Your profile and personal information can be updated. You shall at all times keep all Your passwords and security codes, security questions, security answers (including but not limited to those used for verification and authorisation purposes and for access into Your Merchant Account) secret and You shall use all reasonable precautions to prevent disclosure of the same to any unauthorised person, or third party. IME shall not be responsible and shall not be liable for any loss suffered or in relation to the transactions on Your Merchant Account or for any unauthorised transactions under Your Merchant Account if You disclose any of Your passwords, security codes, security questions, security answers or any of Your personal details to unauthorised parties or third parties.
7. RIGHTS OF IME
7.1 IME may modify or upgrade the features and functionality of the Merchant App and/or Service from time to time, and reserve the right to make upgrades, updates, modifications and changes as it deems fit. You understand that such upgrades or changes may result in interruption, modification, failure, delay or discontinuation of the Merchant App and/or Service or any function or feature thereof. In this regard, You acknowledge and agree that IME assumes no liability, responsibility or obligation for any such interruption, modification, failure, delay or discontinuation associated with the Merchant App and/or Service. IME further reserves the right to suspend or terminate the Merchant App and/or Service or any part thereof, without prior notice, in which event IME shall not be liable for any loss or inconvenience to You or any third party resulting therefrom except where the Merchant App and/or Service shall be permanently terminated, any Available Balance shall be returned to You.
7.2 IME may run campaigns, contests or promotions in relation to the Service as may be notified to You from time to time. You agree that Your participation in such campaigns, contests or promotions shall be subject to the specific terms and conditions thereof.
7.3 IME may request for additional information or documentation from You for the purposes of verifying Your identity or providing You the Service. You agree that You will provide such information and/or documentation promptly to IME upon request.
7.4 Notwithstanding anything in the Agreement, IME may immediately change the procedures or mode of operation of the Service without giving any reason or notice to You.
8. INTELLECTUAL PROPERTY
8.1 You acknowledge that the Merchant App, Platform System and Service and all Intellectual Property Rights in relation thereto belong to IME or its licensors. All rights are expressly reserved.
8.2 Notwithstanding any provisions therein, nothing on the Merchant App and/or the Service shall be construed as conferring any license or other transfer of rights to You of any intellectual property or other proprietary rights of IME, other than the limited right to use the Merchant App and/or Service.
8.3 To the extent where You provide IME with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), You hereby assign ownership of all Intellectual Property Rights subsisting in that Feedback to IME and acknowledge that IME can use and share such Feedback for any purpose in its sole discretion.
8.4 All goodwill generated from the use of the Merchant App and/or Service will inure to IME’s exclusive benefit.
8.5 Other company, product, and service names and logos used in and displayed on the Merchant App may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to IME.
9.2 IME may monitor and record all transactions under Your Merchant Account and communications that may take place between You and IME for IME's business purposes (including but not limited to quality control and training, prevention of unauthorised use of IME's telecommunication systems, ensuring effective systems operation and prevention and detection of crime).
9.3 You agree that IME may extract or use any Personal Data or any other data from Your Merchant Account which may be required as evidence in court and/or to provide to relevant enforcement authorities when necessary, in the event of a suspected and or proven misuse of the Service. Your agreement and consent under this Clause shall survive the termination of Your Merchant Account or Your discontinuance of use of the Service.
10. DISPUTED TRANSACTION AND REFUND
10.1 You are fully responsible for the Service rendered to IME Customers when You accept or make any payment through the Service. IME shall not be responsible for the safety of the physical cash held and/or accepted or dispensed by You from or to IME Customers. You shall be fully responsible for ensuring that the transaction amount is correct.
10.2 IME shall not be responsible to settle any dispute that You may have with any IME Customers (unless such dispute is due to a fault in the Merchant App) for the Service rendered by You. You shall be responsible to resolve any refund request or demand (where applicable) with the relevant IME Customers. IME shall not be a party to such dispute nor shall IME be liable for such dispute in any way. You shall not withhold or set-off or make any claim against IME for any claim You may have with IME Customers. You shall not initiate any legal proceedings against IME for any claim You may have against any IME Customers.
10.3 If and when the Service may permit You to make a refund payment to an IME Customers directly through Your Merchant Account using the Merchant App, You shall comply with all applicable terms and conditions relating to such functionality, including any applicable transaction limitations.
10.4 If You discover any error or discrepancy in Your Merchant Account, You must contact Customer Service within thirty (30) days from the date of the disputed transaction, failing which You shall be deemed to have accepted the accuracy of the transaction. Based on the outcome of the investigation, in the event the investigations and verifications conducted by IME reveal that the disputed transaction(s) was not genuine, dishonest, fraudulent or an abuse of process, You shall bear the cost of refunding any transaction amount or such other refunded sums to IME Customers, and other costs directly related thereto and shall further indemnify IME against all costs and expenses incurred by IME in the course of carrying out the investigations or verifications. In the event the investigations and verifications conducted by IME reveal that the disputed transaction was accurate, genuine and properly authorised by You, then You shall be liable for such disputed transaction. The findings in any investigation conducted in relation to Your Merchant Account shall be conclusive, final and binding on You and shall not be questioned or disputed.
10.5 You agree and consent to the use by IME and/or its personnel or advisors of any information related to You or the particulars of the relevant disputed transaction(s) or Your Merchant Account for the purpose of investigating any claim or dispute arising out of or in connection with the disputed transaction(s). You further agree that in the event of a dispute or claim of any nature arising in respect of any transaction, the records of such transaction(s) generated by IME shall be used as a reference and shall be the sole basis of settling such dispute or claim. Your agreement and consent under this Clause shall survive the termination of Your Merchant Account or Your discontinuance of use of the Service.
11. LEGAL COMPLIANCE
11.1 Both parties shall comply in all material respects with all Applicable Laws governing the Service.
11.2 IME acknowledges that the document or information collected by IME relating to Your affairs or MerchantAccount as a user of the Service will be only used and/or disclosed in accordance with the secrecy provisions under the Financial Services Act 2013.
11.3 Without limiting the generality of the foregoing, to the extent required by the AML/CFT Legislation, IME shall (i) maintain an anti-money laundering and antiterrorism financing compliance program that is in compliance, in all material respects, with the AML/CFT Legislation, (ii) conduct, in all material respects, the due diligence required under the AML/CFT Legislation in connection with the use of Your Merchant Account, including with respect to the origin of the funds in Your Merchant Account, and (iii) maintain sufficient information to identify You for purposes of compliance, in all material respects, with the AML/CFT Legislation.
12. CONTRACT TERM, SUSPENSION AND TERMINATION
12.1 You may, at any time, terminate use of the Service or Your Merchant Account by contacting Customer Service. Subject to Clauses 12.3 to 12.5 below, if You have any Available Balance in Your Merchant Account, You must transfer the Available Balance to Your chosen bank account to enable IME to effect closure of Your MerchantAccount provided that all transactions with any relevant third parties (e.g. IME Customers) having been first settled. If You do not have any Available Balance in Your Merchant Account, Your Account shall be deemed terminated immediately upon receipt of Your termination notice by IME.
12.2 Without prejudice to its other rights and remedies, IME shall be entitled to immediately suspend or terminate Your use of the Merchant App or Service (or any part thereof) and Your access to Your Merchant Account, with or without any notice to You, upon the occurrence of any of the following events:-
(a) if in the opinion of IME, there is dishonesty, suspected fraud, illegality, criminality or misrepresentation in the conduct of Your Merchant Account or Your use of the Service;
(b) if You are in breach of, or IME has reasonable grounds to believe that You have breached, any of the provisions of the Agreement and/or any applicable terms and conditions of any new services as may be provided by IME from time to time, or have engaged in any conduct prejudicial to IME or, if in the opinion of IME, Your acts are prejudicial to IME’s interests;
(c) if it has come to IME’s attention of any irregular, suspicious or unauthorized activity on Your MerchantAccount;
(d) if You are in breach of any Applicable Law;
(e) if You have submitted false documents or have declared false information during Your application for the Service;
(f) if any information provided by You is untrue, inaccurate, not current or incomplete in the course of using the Service;
(g) if You have acted in bad faith or with malicious intent in using the Merchant App and/or Service;
(h) if Your name is listed under any regulatory watchlist (including but not limited to listing related to terrorism and terrorism financing under the AML/CFT Legislation);
(i) if You fail to provide any additional information which IME may request from You from time to time; and/or
(j) where IME has reserved such right to suspend and/or terminate Your Merchant Account under any other provisions of the Agreement.
12.3 If Your Merchant Account is terminated by IME pursuant to Clause 12.2 above, IME shall not be obliged to refund the Available Balance (if any) to You until and unless clearance has been obtained from the relevant authorities, if applicable. IME reserves the right to take any action against You as may be deemed necessary or as may be required under Applicable Laws or by the relevant authorities.
12.4 In the event Your Merchant Account is ceased, terminated or suspended by IME due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any Applicable Law, You shall not be entitled to obtain any refund of the monies in Your Merchant Account and it shall be lawful for IME to retain such monies for an indefinite period or release them to the relevant authorities in accordance with Applicable Laws. You shall not be entitled to claim any form of compensation for any loss arising therefrom from IME.
12.5 If IME detected unusual, irregular, suspicious, unauthorised or fraudulent activity on Your Merchant Account, IME may suspend and/or terminate Your Merchant Account immediately as security or precautionary measures (with or without prior notice to You) until IME has verified the activity accordingly. If IME decides to suspend and/or terminate Your Merchant Account, IME will attempt to notify You via phone or electronic mail or any other means of communication. You agree not to use or attempt to use a suspended, terminated or otherwise invalid Merchant Account. Such action taken by IME will not affect Your rights and obligations pursuant to the Agreement. If IME has terminated Your Merchant Account through no fault of Yours, You will be entitled to a refund of any Available Balance.
12.6 Upon termination of Your Merchant Account (howsoever occasioned), save for any obligations which are expressed to survive, each Party’s further rights and obligations shall cease immediately, provided that such termination shall not affect a Party’s accrued rights and obligations as at the date of such termination.
13.1 If You do not log in to Your Merchant Account for more than six (6) months, and there is no Available Balance in Your Merchant Account, IME may in its sole and absolute discretion treat Your Merchant Account as dormant and may suspend Your Merchant Account.
13.2 If You key in the wrong credentials as required, it may result in Your access to the Merchant App being suspended. To reactivate Your access to the Merchant App, You can reactivate via the “Forgot Password” button.
13.3 If Your Merchant Account is suspended for any reason, You should contact Customer Service to reactivate Your Merchant Account. IME may reactivate Your Merchant Account at its sole and absolute discretion and subject to IME’s prevailing policies and procedures.
14.1 IME PROVIDES THE MERCHANT APP, PLATFORM SYSTEM AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE MERCHANT APP, PLATFORM SYSTEM AND SERVICE IS AT YOUR SOLE RISK. IME HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, (II) FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (III) SECURITY, RELIABILITY, PERFORMANCE AND ACCURACY OF THE SERVICES, AND (IV) THAT THE MERCHANT APP, PLATFORM SYSTEM AND SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERRORFREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IME OR THROUGH THE MERCHANT APP, PLATFORM SYSTEM AND SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
14.2 You shall be solely responsible for any and all consequences of use or misuse of Your Merchant Account, login credentials, and/or security credentials. You shall be responsible for all losses and payments (including the amount of any transaction carried out without Your authority) due to Your negligence or where You have acted fraudulently. For the purposes of this Clause, negligence shall be deemed to include failure to observe any of Your security duties referred to in the Agreement and these Terms.
14.3 You will not be liable for any losses caused by system glitches, technical error or other operational issues encountered at IME, or other relevant parties involved in the provision of the Service.
14.4 You acknowledge that IME may use third party suppliers to provide hardware, software, networking, connectivity, storage, payment gateway or processing and other technology in order to provide the MerchantApp, Platform System and/or Service. The acts and omissions of those third party suppliers may be outside of IME’s control, and IME does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
14.5 IME has no responsibility whatsoever for any arrangements You make with any third party (including IME Customers or third parties) as a result of Your use of the Service. You should conduct whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. In the event that You have a dispute with one or more IME Customers or third parties, You hereby release IME and its affiliates (and its officers, directors, agents, subsidiaries, joint ventures and employees and those of its affiliates) from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such dispute.
14.6 IME shall not be liable or responsible to You and/or to any other third parties 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) Your Merchant Account being hacked and/or theft of Your login credentials and/or security credentials; and
(b) any resulting dispute between You and IME Customers Users or third parties over any issue, including but not limited to, issues relating to quality, merchantability, fitness for use, quantity or delivery.
14.7 If You are dissatisfied with the Merchant App and/or Service, Your sole recourse is to discontinue use of the Merchant App and/or Service.
15. LIMITATION OF LIABILITY
15.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IME BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES OR LOSSES OF ANY KIND IN ANY MANNER IN CONNECTION WITH OR ARISING OUT OF THE USE OF THE MERCHANT APP, PLATFORM SYSTEM OR SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT IME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF WARRANTIES STATED HEREIN OR THE LIMITATION OF LIABILITY STATED HEREIN, YOU HEREBY EXPRESSLY AGREE THAT IN NO EVENT WILL IME’S LIABILITY FOR ANY CLAIM OR DAMAGES HEREUNDER EXCEED THE AGGREGATE AMOUNT OF RINGGIT MALAYSIA TEN THOUSAND (RM10,000) under these Terms.
15.2 Nothing in these Terms excludes, restricts or modifies any statutory rights that You may have under applicable laws that cannot be excluded, restricted or modified.
16.1 You hereby agree to indemnify IME and its affiliates (and its officers, directors, agents, subsidiaries, joint ventures and employees and those of its affiliates) (“Indemnified Parties”) and keep harmless the Indemnified Parties from and against any claims, actions, suits, proceedings, damages and/or liabilities whatsoever made against the Indemnified Parties arising from Your use of the Merchant App, Platform System and/or Service and/or Your non-performance or violation of Your duties and obligations under the Agreement or any Applicable Law. You shall defend and pay all costs, damages, awards, fees (including legal fees on a solicitor and client basis) and judgments awarded against any of the Indemnified Parties arising from such claims, and shall provide IME 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.
16.2 You hereby agree that if IME initiates legal proceedings against You because of a default under these Terms, You shall be liable to indemnify IME all legal costs (including costs on a solicitor and client basis), other costs, charges and expenses which IME may incur in enforcing or seeking to enforce any of the provisions of these Terms or in obtaining or seeking to obtain payment of all or any part of the monies owing by You. However, Your responsibility for such fees and costs shall not exceed the maximum amount allowed by law.
17. FORCE MAJEURE
17.1 Without limiting the generality of any provision in these Terms, IME shall not be liable for any failure to perform its obligations herein caused by an act of God, pandemics, epidemics, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts, orders 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 for whom IME has no control over or any cause outside IME’s reasonable control.
17.2 The Service may occasionally be affected by interference caused by causes or objects beyond IME’s control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion in the Platform System. In the event of such interference, IME shall not be responsible for any inability to use or access the Service, or interruption or disruption of the Service.
18. OTHER PROVISIONS
18.1 These Terms constitute the entire agreement between the parties concerning the subject matter herein and supersedes all previous terms and conditions, understanding, representations and warranties relating to that subject matter.
18.2 No delay, neglect or forbearance on the part of IME in enforcing against You any provision of these Terms shall either be or deemed to be a waiver or in any way prejudice any right of IME hereunder.
18.3 If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provision of these Terms and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.
18.4 These Terms and all rights and obligations thereof are not assignable, transferable or sub-licensable by You without IME’s prior written consent. IME may transfer, assign or delegate these Terms and its rights and obligations thereof without prior notice to or consent by You.
18.5 All rights and obligations under these Terms are personal to You. A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.
19. GOVERNING LAW AND JURISDICTION
19.1 Your use of the Merchant App, Platform System and/or Service shall be governed in accordance with the laws of Malaysia and You hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia to resolve any claims or disputes which may arise in connection with these Terms.
20.1 All notices, requests and/or other communications to be given by IME to You under these Terms may be either by:
(a) ordinary mail to Your last known address in IME’s records;
(b) short message service (SMS) or email to Your telephone number or email address registered with IME;
(c) published on the Merchant App or Site; and/or
(d) published in national daily newspapers in the main languages, circulated generally throughout Malaysia, and shall be deemed notification upon posting/publication.
20.2 You hereby agree that if any legal proceedings are commenced in the courts in Malaysia in respect of these Terms, the legal process and other documents may be served by posting the documents to You at Your last known address in IME’s records and such service shall on the 5th day after posting be deemed to be good and sufficient service of such process or documents.
20.3 All notices, requests and/or other communications to be given by You to IME under these Terms must be communicated to the following address (or to such other address as IME may give notice to You from time to time) by hand, registered post or e-mail:
IME (M) Sdn. Bhd.
Unit 38-02, Level 38, Q Sentral,
2A, Jalan Stesen Sentral 2, Kuala Lumpur Sentral,
50470 Kuala Lumpur.
20.4 If there are any complaints or inquiries and there is no feedback given by IME, You can contact the following body:
Bank Negara Malaysia
Laman Informasi Nasihat dan Khidmat (LINK)
Ground Floor, D Block, Jalan Dato' Onn,
50480 Kuala Lumpur, Malaysia
Contact Centre (BNMTELELINK)
Tel : 1-300-88-5465
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