Terms of Service
The following Terms of Service govern the use of the Fasspay mPOS application mobile card reader, software and services.
Last updated: May 27, 2016
Fasspay’s customers acknowledge that they are aware that merchant accounts can only perform transactions through the application and card reader upon approval of the merchant’s application by the acquiring Bank, and establishment of an agreement between Fasspay and the merchant. Only accounts that have been activated by Fasspay and the Bank shall be able to transact.
Fasspay’s customers agree that shall not cause the mPOS application, card reader and any other software provided to them by Fasspay and the acquiring Bank, to be compromised, disassembled, modified, copied, reverse engineered, decompiled, resold and/or redistributed. The Fasspay card reader and application shall only be used in conjunction with the same card reader and application provided by the same acquiring Bank, and not with any other system.
The final approval for merchant applications are the sole purview of the acquiring Bank, and are subject to applicants’ meeting all the requirements as per the documentation requested and checks conducted. Merchant accounts and associated transaction fees or MDR are subject to the final Terms and Conditions of the applicable Bank’s mPOS Merchant Agreement*.
Fasspay reserves the right to revise the transaction fees and charges for each of its customers depending on the performance of the customers’ account.
Fasspay is not responsible for disbursement of transaction revenues or settlement reports via the mPOS to the merchants’ bank accounts, nor calculation of any discounts or taxes that may apply per transaction. Fasspay shall not be liable for any direct or indirect damages, losses, fraud, theft, chargeback or other damages incurred by the merchant or its customers or third parties, claims or action raised against the merchant, arising from or in conjunction with the use of the Fasspay mPOS system and services.
Fasspay’s customers agree to indemnify Fasspay, from and against, any losses, liabilities, damages and expenses incurred by or awarded against the customers as a result of, or in connection with, use of Fasspay’s systems and services.
Fasspay reserves the right to terminate a merchant account and to retrieve any equipment and or information from merchants who fail to abide by these Terms of Service and those of the Merchant Agreement.
Transactions depicted in the Fasspay promotional video using minors are for illustrative purposes only. No actual transactions were performed. Minors are not eligible for card payment facilities nor other merchant facilities.
The full set of Terms of Service shall be provided to all customers upon establishment of a merchant account with the bank.
Card readers purchased from Fasspay are under warranty for one year from the date of purchase. The warranty does not cover damages found to be caused by the customer, including but not limited to water damage, drops, dents, extreme heat /cold damage, pressure, evidence of tampering of the casing and/or damages to internal components. Customers shall be liable for lost or stolen card readers. Fasspay reserves the right to collect the balance of payment for lost or stolen card readers
Customer Data Collection
Fasspay acknowledges and agrees that in accessing and/or using any customer data, it shall observe and comply with the Personal Data Protection Act 2010 and any applicable laws and regulations including without limitation any guidelines, notices or directives issued by Bank Negara, the Securities Commission or any authorities from time to time.
Fasspay shall take all necessary steps to protect the Data in its possession or control against any misuse, loss, destruction, transmission, disclosure damage, alteration or unauthorised access.
Fasspay has no access rights and is unable to access any of the personal information that may be input and/or processed using the application to the Bank. The application may only be accessed by authorised users who have approved accounts from our Terms of Service partner acquiring Bank. In the event the Bank grants Fasspay access to the system for the purposes of maintenance, troubleshooting or upgrades, we assure you that we will maintain strict confidentiality of any information and will not disclose such information to any third party without your express, written consent.
This relates to information that renders merchants personally identifiable and required to register you as a merchant for use of the mPOS facilities. The information collected includes personal information related to your registered business like your name, age, date of birth, gender, NRIC, mobile number and email address.
Customers’ Card Details
Card details (Name, Primary Account Number, Credit Card Number, PIN) that are processed via the mPOS application, will be encrypted and stored within the acquiring Bank’s secured server.
Location Services and Data
At the point of each transaction, the app will capture the GPS coordinates of the location of the transaction, accurate up to a ten kilometres (10 km) radius. This is to ensure that mobile readers are only being used within a merchant’s registered place of business. Location details are stored within the Bank for use in case of the event of a customer dispute, to prove that a transaction has taken place.
Customers’ SMS and Email
The application will request for the customer’s mobile phone number or email address in order to send an electronic receipt to the customer, in place of a physical sales receipt. The data is not stored within the mobile device, or application, but only within the Bank’s server.
Details of each transaction captured and sent via the mPOS application include the MID, TID, time, location, total amount and card application used to process the transaction, these information are stored and can only be accessed by the Bank. Fasspay has no access to your transaction details or information.
Security, Privacy & Disclosure of Information
It is the responsibility of the Bank to protect the privacy of information transmitted, entered and stored via the mPOS system’s mobile application at all times. Fasspay cannot guarantee that any data transmission online and/or through electronic channels is completely secure, as such, we shall not be held responsible nor liable for any damages or losses the Bank may suffer, whether directly or indirectly, as a result of the Information being stolen, tampered with, copied, abused, misused or otherwise violated.