2. GOPAYZ SERVICE APPLICATION
2.1. By applying for the GoPayz Service, you warrant and represent that:
a. you are a Malaysian citizen or permanent resident or a foreigner with a valid passport and mailing address in Malaysia;
b. if the Wallet Account is in your name as an individual, even where you have also nominated a business name as a Supplementary Cardholder, you must comply with the requirements of Clauses 2.1(a) and (b) above;
c. if the Wallet Account is established in the name of a company, the person that has opened the Wallet Account on behalf of the company is duly authorised to bind the company to this Agreement; and
d. all information that you provide is true, correct and complete.
2.2. You may only apply for 1 GoPayz Service at any 1 time using your government issued identification document as required by us.
2.3. We may reject your Application Form without giving reasons and any documents or information that you have submitted will not be returned to you.
2.4 (a) If you are a parent or legal guardian of a child under the age of 18 years old, by your child using the GoPayz Service:-
(i) you accept the terms of this Agreement on behalf of your child;
(ii) you agree that you are subject to the terms of this Agreement;
(iii) you are responsible for your child’s activity on the GoPayz Service; and
(iv) you consent that we may collect, record, hold, store, use and disclose your child’s personal information for purposes which are necessary and related to the provision of the GoPayz Service according to our Privacy Notice.
(b) Any consents which are required to be given by the user of the GoPayz Service under this Agreement shall be deemed to have been given by the parent or the legal guardian of a user who is under the age of 18 years old.
3. EFFECTIVE DATE OF THE AGREEMENT
1. This Agreement will take effect from the date you submit your Application Form and will be valid until terminated according to this Agreement.
4. YOUR WALLET ACCOUNT
4.1. There are 2 types of Wallet Accounts issued by us:
a. Basic Wallet Account; and
b. Premium Wallet Account.
4.2. Basic Wallet Account
a. When you first sign up for the Wallet Account, you will be automatically signed up for the Basic Wallet Account without having to submit any supporting documentation or undergo KYC check.
b. You can perform:
i. multiple Top-Up up to the Wallet Limit of RM250, or any amount as may be determined by us from time to time;
ii. store your Other Payment Card; and
iii. request for a physical Card subject to payment of a Fee.
c. You will not be able to perform any:
i. Cash Withdrawal;
ii. P2P Transfer; or
iii. Transactions involving Foreign Merchant.
4.3. Premium Wallet Account
a. If you wish to upgrade your Basic Wallet Account to the Premium Wallet Account, you have to undergo KYC process by uploading your government issued identification document, taking a selfie of you for the purpose of facial recognition, and all other measures as may be required by us from time to time. If you fail the KYC checks or you are under the age of 18 years old, you have to provide additional supporting documents and information as specified in the Product Disclosure Sheet for us to conduct the necessary KYC to process your upgrade request.
b. We will notify you via your Wallet Account, SMS, email or any other channels we deem fit, if your request to upgrade to the Premium Wallet is approved. Such approval is at our sole and absolute discretion and we may reject your request without assigning any reason.
c. If approved, your Basic Wallet Account will be upgraded to the Premium Wallet Account with the following features;
i. Wallet Limit of RM5,000, or any amount as may be determined by us from time to time; and
ii. Cash Withdrawal, P2P Transfer and Transactions involving Foreign Merchant.
4.4. Your Wallet Account is not a banking account or any form of term deposit. No interest, dividends or other payments shall be accumulated or payable to you on the Wallet Account Balance.
4.5. Your Wallet Account allows you to use various functions on the GoPayz Website and GoPayz App, which use is subject to terms and conditions made available on the GoPayz Website and GoPayz App.
4.6. Your Wallet Account in not transferable nor assignable to any third party. The Wallet Account cannot be pledged or used as a form of security for any purpose whatsoever.
4.7. P2P Transfer
a. This Clause 4.7 applies to you if you use your Wallet Account for P2P Transfer to receive or send funds from or to another Premium Wallet Account registered with us;
b. Use of P2P Transfer is subject to any daily limit as may be determined by us from time to time;
c. We will not verify the identity of the recipient of your P2P Transfer request. You are responsible to ensure that your P2P Transfer recipient details are correctly reflected. If you transfer funds via P2P Transfer to the wrong recipient:
i. you can cancel the P2P Transfer Transaction by contacting our Customer Care, only if the recipient has not used the funds transferred;
ii. when the cancellation is initiated, the transferred funds will be frozen from the recipient’s wallet account and investigation will be carried out; and
iii. upon completion of the investigation, the funds may be credited back into your Wallet Account, subject to the successful freezing of the funds from the recipient’s Wallet Account.
4.8. Tap & Pay
a. Activation
Cardholders can activate the Tap & Pay feature via the Android version of the GoPayz App only.
b. Mobile Device Compatibility
Cardholders must ensure that the Mobile Device used for Tap & Pay is:
i. installed with the updated version of the GoPayz App which contains the Tap & Pay feature; and
ii. NFC enabled Android Mobile Device purchased from an authorised retailer.
5. CARD
5.1. Supplementary Card
a. Upon your request, we may, at our sole and absolute discretion, issue a Supplementary Card to any person nominated by you as a Supplementary Cardholder. Any use of a Supplementary Card whether by the Supplementary Cardholder or otherwise is subject to the terms and conditions of this Agreement as if that Supplementary Card was used by you.
b. You are responsible and liable for all Transactions incurred from the use of your Supplementary Card. All Transaction amounts incurred by your Supplementary Card will be charged to your Wallet Account.
c. The use of the Supplementary Card is subject to the availability of your Wallet Account Balance or any other monthly utilisation limit that you may assign for each of your Supplementary Cardholder.
d. You or your Supplementary Cardholder may terminate the Supplementary Card by submitting the request in writing to our Customer Care.
e. Upon termination of your GoPayz Service for whatever reason, the use of the Supplementary Card will be automatically terminated.
5.2. Physical Card
a. You must provide a valid mailing address (non P.O. Box address) for us to deliver the physical Card to you.
b. Before using the physical Card, you must:
i. immediately sign on the signature panel at the back of the Card upon receipt of the physical Card; and
ii. create the Card PIN via the GoPayz Website or GoPayz App for each physical Card to activate the physical Card. The Card PIN can also be created via telephone call to our Customer Care.
c. The physical Card will be activated upon successful Card PIN creation.
d. We may at our sole discretion accept or reject your request to create the GoPIN/Card PIN or activate the physical Card without assigning any reasons whatsoever.
e. Upon activation of the physical Card, the expiry of your virtual Card will be changed to match your physical Card’s expiry date.
f. Once the physical Card has expired, you must destroy the physical Card by cutting it into halves across the magnetic strip and chip ensuring it is completely damaged.
g. The physical Card is at all times, our property and must be surrendered to us immediately upon our request.
h. You must take all reasonable care and precaution to prevent lost or theft of your physical Card. If your physical Card is lost or stolen, you must:
i. immediately block the physical Card via your Wallet Account;
ii. notify our Customer Care; and
iii. provide us with written confirmation of the loss or theft of the physical Card together with a copy of the police report.
i. Despite your notification of the loss or theft of your physical Card, you remain liable for all Transactions incurred or approved prior to your notification to us, whether or not such Transaction is known to you or has been authorised by you.
j. We are under no obligation to issue a replacement Card following the loss or theft of the physical Card. If we issue a replacement Card, we may impose any additional conditions, fees or charges for the replacement Card.
k. If your lost or stolen physical Card previously reported to us is found, you must not use the physical Card. You must destroy the physical Card by cutting it into halves across the magnetic strip and chip ensuring it is completely damaged.
l. You are responsible for ensuring the Transaction amount is correct before authorising the payment. By signing or entering the PIN/OTP, you are deemed to agree to the Transaction including the Transaction amount.
m. You must surrender the physical Card to us on demand, failing which we reserve the right to withdraw, suspend or terminate the physical Card at any time without prior notice or assigning any reason.
5.3. Other Payment Card
a. You may request to add any of your Other Payment Card in your Wallet Account; namely card number, name and card expiry date but we reserve the right to reject your request at our sole and absolute discretion without assigning any reason to you.
b. The use of your Other Payment Card for any Transaction is subject to the Other Payment Card issuer’s terms of use.
6. PERSONAL INFORMATION
6.1. By providing us personal information of yourself or any Supplementary Cardholder or by using the GoPayz Service, you consent and acknowledge you have obtained the consent of the Supplementary Cardholder for us to collect, record, hold, store, use and disclose such personal information for purposes which are necessary related to the provision of the GoPayz Service according to our Privacy Notice.
6.2. Without limiting our Privacy Notice, you authorise us to use or disclose at any time and without notice or liability, any information relating to you and any Supplementary Cardholder (including personal information and affairs (financial or otherwise) and details about your Wallet Account) in such manner and to such extent as we may consider necessary or appropriate to any party including but not limited to:
a. any Merchant, any other bank or financial institutions, Card Schemes, or any interested party to facilitate the use of the Card or the processing of any Transaction or investigation of whatsoever nature to be made;
b. the Central Credit Unit or any other central credit bureau established by BNM, any other relevant authority as may be authorised by Law to obtain such information or any authority or body established by BNM or any other authority having jurisdiction over us; and
c. to card fraud detection agencies (including information about termination or suspension of the Agreement and reason(s) for such termination or suspension).
7. PERSONAL IDENTIFICATION NUMBER (PIN) AND WALLET ACCOUNT SECURITY
7.1. Once you have received the OTP, you are required to create a GoPIN for your Wallet Account. Your Wallet Account will be activated upon successful GoPIN creation. We may at our sole and absolute discretion accept or reject your request to create the GoPIN without assigning any reason.
7.2. You are responsible for the security of your Wallet Account, including the Card and PIN. If you forget your PIN, you should proceed to reset the PIN.
7.3. You will need your PIN to perform certain online functions in relation to your Wallet Account such as:
a. changing your registered details;
b. checking the amount of Wallet Account Balance;
c. checking Transaction details; and
d. requesting an upgrade or Supplementary Card.
7.4. Cardholders must key in their 6-digit Card PIN at the POS Terminals for any contactless payments Transactions exceeding RM250.00 per Transaction.
8. WALLET ACCOUNT BALANCE
8.1. You must at all times maintain the Minimum Balance in your Wallet Account, which is not allowed to be used for any Transaction. If your Wallet Account Balance falls below the Minimum Balance:
a. any Transaction you perform will be rejected; and
b. we may suspend the Wallet Account until you Top-Up your Wallet Account to at least the Minimum Balance.
8.2. Your Wallet Account Balance must have sufficient funds which are in excess of the Minimum Balance to pay for each Transaction. If the excess is insufficient for the Transaction amount including any Fees, that Transaction may be rejected. However, if the Transaction is approved, we will deduct the Transaction amount (or any part of the Transaction amount that we were unable to deduct from your Wallet Account due to insufficient funds) and any applicable Fees once you Top-Up the Wallet Account.
8.3. If your Wallet Account Balance is insufficient or your Wallet Account Balance is below the Minimum Balance and we are unable to charge any Fees on your Wallet Account, we will deduct such Fees once you Top-Up the Wallet Account.
8.4. You may increase your Wallet Account Balance via Top-Up at the Top-Up Channels up to your Wallet Limit. Your Top-Up will only be available in your Wallet Account once we receive the actual payment and update the amount into your Wallet Account.
8.5. We may revise the Wallet Limit from time to time at our sole discretion and subject to further terms and conditions as we deem fit.
9. OVERSEAS AND FOREIGN MERCHANT TRANSACTION
9.1. If you use the Card outside Malaysia or incur Transactions with any Foreign Merchant:
a. the amount debited from the Wallet Account will be converted into Ringgit Malaysia at the exchange rate prevailing at the time we settle the corresponding payment to the other participating bank for the Transaction and may include charges as determined by Card Schemes at its absolute discretion;
b. you must ensure that the Transaction does not violate the Laws existing in the country where the Transaction took place; and
c. you must ensure that such Transactions comply with the guidelines set forth in the Foreign Exchange Administration Rules issued by BNM and you will be liable for any non-compliance.
9.2. If your Foreign Merchant Transactions (including overseas and online Transactions) are converted into Ringgit Malaysia via DCC:
a. the process of conversion and the exchange rate applied will be determined by the relevant DCC service provider and not by us; and
b. such Foreign Merchant Transactions which are converted via DCC will be subject to charges imposed by the Card Schemes on the Transaction.
9.3. All overseas and non-secured E-Commerce Transactions are by default disabled. You may proceed to activate overseas or non-secured E-Commerce Transactions via your Wallet Account.
10. FEES
10.1. You undertake to pay all prevailing Fees arising out of and in connection with your use of the GoPayz Service as we may prescribe from time to time and you authorise us to charge the amount of any Transaction you make and the Fees against your Wallet Account.
10.2. If you do not remit the applicable Fees when payable or your Wallet Account Balance is insufficient to pay the Fees, we reserve the right to not issue any physical Card, renewal or replacement Card to you.
10.3.
(a) You are responsible for all Taxes that may be imposed on or payable in connection with the GoPayz Service and this Agreement. You authorise us to debit the amount for all Taxes to your Wallet Account.
(b) If we are required under any Law to deduct or withhold any sum as Taxes imposed on any amount payable to us, the amount payable to us will be increased by such amount necessary to ensure that we will receive a net amount equal to the amount which we would have received in the absence of such deduction or withholding.
11. PROPRIETARY RIGHTS
You acknowledge and agree that we own or are licensed to use all intellectual property rights in the GoPayz Service including the U Mobile Marks and any systems that we use to provide the GoPayz Service. This Agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, service marks, U Mobile Marks or any other proprietary rights or licences.
12. USE OF GOPAYZ SERVICE
12.1. You must:
a. comply with all the provisions in this Agreement and all applicable Laws;
b. ensure that you download the GoPayz App from either Google Play Store, Apple App Store or the Huawei’s AppGallery and not from any other sources. You are responsible for any losses or damages you may suffer if you download the GoPayz App from unauthorised source;
c. ensure the compatibility of your Mobile Device with the GoPayz Service. If there are any changes or upgrade to the GoPayz Service, you must ensure continued compatibility of your Mobile Device and be responsible for all equipment necessary to use the GoPayz Service;
d. ensure that you do not use the GoPayz App on any illegally modified devices or any device that has been altered in any way whatsoever;
e. be fully responsible for the integrity of all information and data transmitted or obtained through the use of the GoPayz Service whether via the Mobile Device or otherwise;
f. ensure that all Transactions via the Wallet Account or Card are made by you;
g. not allow or authorise any third party to use the Wallet Account or Card or use it for purpose not permitted by us as notified by us from time to time;
h. not transfer, sell, distribute or reproduce your Card and must take all precautions to prevent the lost, theft or misuse of the Card;
i. ensure the safety of the Card and keep the PIN confidential at all times;
j. not attempt to use the Wallet Account or any offers made under the Wallet Account for any purpose other than as intended or offered by us;
k. ensure that all fund received or channelled through your Wallet Account shall originate from legitimate sources or activities;
l. not attempt to infect or spam the systems used by us to provide the GoPayz Service, manipulate the GoPayz Service or attempt to obtain any unlawful or fraudulent gains under the GoPayz Service or any offer made from time to time;
m. promptly update via the GoPayz Website or GoPayz App or notify us in writing of any change of your particulars as provided to us in the Application Form; and
n. not use the GoPayz Service for any unlawful activities prohibited by any Laws, including but not limited to illegal online banking, betting or gambling, money-laundering, terrorism financing, drug trafficking, wagering or other fraudulent, illegal or criminal activities.
13. DISCLAIMER AND EXCLUSION OF LIABILITY
13.1. GoPayz Service is provided on an “As Is” and “As Available Basis” and you accept that you use the GoPayz Service and rely on information obtained through using the GoPayz Service at your own risk. We make no representation and to the extent allowed by Law, disclaim all express and implied warranties of any kind in relation to the GoPayz Service including without limitation:
a. its reliability, timeliness, security or that its defect free;
b. uninterrupted use and availability;
c. merchantability, fitness for purpose and non-infringement of any proprietary rights;
d. its compatibility with your Mobile Device and other equipment.
13.2. You acknowledge that the GoPayz Service relies on third party technologies and facilities including wireless connectivity which are not within our control. You also acknowledge the characteristics and limitation of digital wireless networks and that data may be corrupted, delayed or lost despite security and other measures taken by us. You agree not to hold us liable for any of these failures.
13.3. Third Party Services via GoPayz
a. When you make online Transactions via the GoPayz Service you will be directed to external websites operated by the Merchants or third parties.
b. We are not responsible for the content or the availability of the linked sites.
c. We do not warrant nor endorse, and are not liable for these linked sites including its content, products or services, privacy policies or practices.
13.4. You are fully liable for all Transactions effected through the GoPayz Service whether performed with or without your knowledge or authority.
13.5. We exclude all liabilities including our negligence from your use of the GoPayz Service. We are not liable to you or to any persons claiming through you for any costs, loss or damage (whether direct or indirect), or for loss of revenue, loss of profits, financial or economic loss or for any special or consequential loss including loss of business and anticipated savings of any nature whatsoever arising out of or in connection with any use of the GoPayz Service including but not limited to the following:
a. our failure or refusal to activate the Wallet Account or Card;
b. your inability to use the GoPayz Service for any reason;
c. if your information was used by another person to register for the GoPayz Service, as a form of an identity theft;
d. delay in delivery or non-delivery, quality (including any defects or deficiency in any goods and services), safety or the fitness for purpose of goods or services that are purchased via the GoPayz Service;
e. where you have acted fraudulently or negligently;
f. the rejection of the Card or PIN by any Merchant, ATM or any terminal used to process the Transaction, or if a Merchant refuses to accept a Transaction or fails to cancel an authorisation or pre-authorisation or if we decline or refuse to authorise the Transaction for any reason whatsoever;
g. any malfunction, defect or error in any equipment used to process the Transaction, or other machines or system of authorisation whether belonging to or operated by us or other persons;
h. any cancellation or refusal on our part to renew or replace the Card;
i. any suspension or restriction imposed by us on the use of the Card by you;
j. withdrawal of the Rewards or any benefits or privileges conferred on you under the Card;
k. incorrect banking information provided by you for the purpose of receiving any refund of your Wallet Account Balance;
l. incorrect information being entered when you are performing any P2P Transfer;
m. accessing third party links while using the GoPayz Service or using the information obtained from such third party links or content; and
n. downloading the GoPayz App from unauthorised sources.
13.6. To the extent permitted by Law, and subject to Clauses 13.1, 13.2, 13.3, 13.4 and 13.5 above, our total liability in contract, tort (including negligence or breach of statutory duty) or otherwise to you under or arising from this Agreement is as follows:
a. where your physical Card is faulty due to our default, our liability will be limited to replacement of the Card;
b. where sums are incorrectly deducted from your Wallet Account Balance due to our default, our liability will be limited to payment to you of an equivalent amount; and
c. in all other circumstances, our liability will be limited to the lesser of the Wallet Account Balance at the date when your claim arose or the sum of Ringgit Malaysia Five Thousand (RM5,000.00).
14. INDEMNITY
14.1. You release us from all liabilities and indemnify us against all losses, damages, fees, costs, charges, Taxes and expenses (including legal costs on a solicitor client basis) which we may sustain or incur and which have arisen either directly or indirectly in the circumstances set out below:
a. use or purported use of GoPayz Service including the Card, PIN or password whether by you or any other person;
b. your breach of or non-compliance with any provisions of this Agreement or any Laws;
c. your negligent acts or omissions;
d. our acceptance of your instructions or which we believe in good faith to have come from you (whether so authorised or not) and acting or failing to act on the same;
e. enforcement of our rights under this Agreement;
f. any delay in payment or remittance of funds into your Wallet Account; or
g. any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege arising from the content transmitted, received or stored by us.
14.2. If you allow or authorise any third party to use the GoPayz Service for any reason whatsoever, you must indemnify us for any loss suffered by us arising from any claims arising out of your authorisation.
14.3 Any sums payable by you under Clauses 14.1 or 14.2, will be debited from your Wallet Account and any outstanding amount will be claimable from you as a debt due by you.
15. DISPUTES AND COMPLAINTS
15.1. You must address all complaints, claims and disputes you may have against the Merchant with the Merchant directly and not through us.
15.2. If you discover any error or discrepancy in your Wallet Account, you must notify us verbally or in writing to our Customer Care or any other channels as we may notify you from time to time, within fourteen (14) days from the date of the disputed Transaction, failing which all entries shall be deemed to be accurate and binding on you.
15.3. Any disputes or complaints lodged by you must be supported by all relevant information and documents (if any). We will investigate your disputes or complaints and revert to you on our decision within fourteen (14) days upon receipt of your disputes or complaints complete with all relevant information and documents (if any).
15.4. If there is a dispute to any Transaction, the amount deducted for payment towards such disputed Transaction shall not be refunded unless you are absolved from any liability by us after due investigation whatsoever in relation to such disputed Transaction. Any monies to be refunded shall be credited into your Wallet Account.
15.5. If you are not satisfied with any decisions made by us relating to unauthorised Transactions or any other matters relating to your GoPayz Service, you may refer the dispute to:
