Terms of Service
Effective Date : 1st March 2018
FASSPAY ELECTRONIC WALLET ACCOUNT AGREEMENT
In consideration of FASS PAYMENT SOLUTIONS SDN. BHD. opening a FASSPAY ELECTRONIC WALLET ACCOUNT in my name and by using the Service upon activation including but not limited to, purchase any product and/or services on the App, I hereby unconditionally agree to be bound by the following terms and conditions herein.
For the purpose of these Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein:
|"Account"||Means your FASSPAY electronic wallet account which is:
|"Activate"||Means the point in time when the Account is activated for use;|
|"APP"||Means software application named as “FASSPAY”|
|“FASSPAY” or “we” or “us” or "our"||Means FASS PAYMENT SOLUTION SDN. BHD. (10088170-D)|
|"FAQ"||Means frequently asked questions as made available on [LINK]|
|“Participating Merchant(s)”||Merchants designated by FASSPAY to sell goods and/or services in exchange for the Electronic Money by means of the App;|
|“Service(s)”||Means an electronic wallet service provided by FASSPAY which enables you to perform the Transaction|
|“T&C”||Means these terms and conditions for the Service, included those incorporated by reference, as may be varied or modified from time to time at FASSPAY’s sole discretion;|
|“Transaction”||Means the transaction performed via the Service including:
|“Wallet Limit”||Means the maximum amount of funds that can be store in your Account at any point in time. (Current Wallet Limit RM200.00). We reserve the right to revise the Wallet Limit in accordance with any regulations/instruction prescribed by Bank Negara Malaysia.|
|“Wallet Service”||Means to use the mobile device as a digital wallet platform to:
|“You” or “Your”||Means the person who uses and/or accesses the Services|
|“Password and PIN”||Means the password used to log into the App and the PIN is used to authorize every transaction from the wallet|
|1.||The Scope of Use|
|1.1||The T&C only governs the legal relationship between you, FASSPAY and the Wallet Services. These T&C do not apply to your use of unaffiliated sites, product or services to which FASSPAY may include links or access to third party services. Such access will not be construed as an endorsement, sponsorship, or affiliation.|
|1.2||You agree that you will use the Wallet Service in accordance with applicable law and will not use it for any illegal or fraudulent purposes, or purposes that are prohibited by these T&C. FASSPAY has the right to take preventive or corrective actions to protect itself and its users.
You are prohibited from using the Wallet Service in respect of the following:
To use the services, you must create an account and register for a FASSPAY Wallet. You shall provide us with the required information for identification, in order for us to assess your eligibility for the Wallet Account.
You must provide current, complete and accurate information and maintain it as current and accurate during your register for and use of the Services. You shall inform FASSPAY immediately of any changes or alterations required to the information that you had provided upon registering. You can access and update much of the information you had provided us. FASSPAY may require you to provide additional information as a condition of continued of the services or in order to allow you to start using a new service, or to assist in determining whether to permit you to continue to use the services. You agree to provide such information as FASSPAY may require in this regard, including information necessary to validate your identity or confirm the authenticity of any Banking Account which you register for the use of FASSPAY.
The App is only available on a Mobile Device and is strictly for user own personal use only as subscriber of the Service. Any instructions, confirmation and/or communication sent from your Mobile Device shall be deemed to have been sent and/or issued by you irrespective of whether such instructions, confirmation and/or communication were actually sent by you or not. You shall be personally liable and responsible for the use of your account including but not limited to all transactions undertaken and/or transacted using the Account, once the said transaction has been Authenticated irrespective of whether the transaction is undertaken and/or transacted by you unless it can be established that such transaction was erroneously transacted by FASSPAY.
The Services made available to you via the App may perform the following:
FASSPAY is not a bank nor an interest-bearing account. We do not provide banking services. Your funds with FASSPAY will not accumulate interest nor any other earnings. We take reasonable care to maintain a separate Trustee Account and ensure the security of and prevent unauthorized access to the Wallet Services using technology reasonably available to FASSPAY.
The Services may also allow you to purchase products and/or services from third parties including the Participating Merchants. Any transaction entered into between you and such third parties for third party product and/or services shall also be subject to any terms and conditions which may be stipulated by such third parties. Any such transactions are entered into at your own risk and you acknowledge and agree that FASSPAY shall not take any responsibility and/or liability for the products and/or services offered by the third parties to you including but not limited to the delivery, quality (including any defects or deficiency in the products and/or services), safety or the fitness for purpose of the products and/or services purchased by you from such third parties. FASSPAY shall not be responsible for the refusal of any merchant to honor or accept your purchases or payment made through the Service. You further acknowledge and agree that you shall not initiate any legal proceedings against us for any claim you may have against such third parties.
|2.||Wallet Account Usage and Maintenance|
|2.1||To activate the Wallet Account
You would need to have download our mobile application at [LINK], register and activate the Wallet Account or other designated channels as may be determine by FASSPAY from time to time.
By activated the Account, you authorized the deduction of Electronic Money and/or funds from your Account and the deposit of Electronic Money and/or funds into your Account to carry out the relevant transactions.
The acceptance and continuance of the Account will be entirely at the discretion of FASSPAY. FASSPAY reserves the right to reject and decline any application at FASSPAY’s sole and absolute discretion or if FASSPAY’s records show that You have been blacklisted by FASSPAY, Bank Negara Malaysia or any of your account(s) has been monitored by FASSPAY due to unusual, irregular, suspicious, fraudulent and/or unauthorized activities or suspected misuse, or has been blocked, cancelled or terminated by FASSPAY provided always that FASSPAY shall have no obligation to provide to you the reason or evidence or grounds in declining your application. Whilst the application is open to all individual customers, FASSPAY reserve the right to reject any application and/or to decline to open the Account at FASSPAY’s sole and absolute discretion without assigning any reasons whatsoever, and FASSPAY’s decision shall be final and conclusive.
|2.2||You need to ensure that there is sufficient Available Balance in your account before using the Service for the total cost of the Transaction and to maintain a minimum balance of RM1 in your wallet account at all time.
FASSPAY shall refund the Wallet Account Value (less any applicable fees) within thirty (30) days of receipt of written notification to FASSPAY and transmitted by hand/mail/email or contact FASSPAY at firstname.lastname@example.org. You shall provide to FASSPAY all necessary information and documents for the purpose of refund upon request.
FASSPAY reserves its right not to refund any disputed amount to you if FASSPAY believe you acted in contrary to these T&C.
In the event the Service or your Account is ceased, terminated or suspended by FASSPAY due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013 and/or Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA) or any regulation and/or guidelines made thereunder), you shall not be entitled to obtain any refund of the Available Balance whatsoever and it shall be lawful for FASSPAY to retain for an indefinite period or release to the relevant authorities the Available Balance in accordance with applicable legislation, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.
You are fully responsible for all products and services purchased when you make any payment through your Account or anytime when you authorize and Authenticate amounts to be deducted from your Account. You shall be fully responsible for ensuring that the transaction amount is correct.
In the event that you discover any error or discrepancy in your account, you must contact us within fourteen (14) days from the date of the disputed transaction, failing which you shall be deemed to have accepted the accuracy of your transaction. In the event that it is revealed in the course of our investigation that the disputed transaction was indeed made in error by us, we will refund the disputed sum in the manner as stated in our Refund Policy.
You agree and consent to the use by FASSPAY and/or its employees, personnel and advisors of any information related to you, the particulars of the transaction(s) or any designated account relating to the transaction(s) for the purpose of investigating any claim or dispute arising out of or in connection with the disputed transaction(s) and that this consent shall survive the termination of the Service and/or this Agreement. You further agree that in the event of a dispute or claim of any nature arising in respect of any transaction, the records of the transaction(s) generated by us shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim.
|2.5||Device, Message and Data Usages Charges
FASSPAY does not make any warranty, representation and/or undertaking (expressly, impliedly or otherwise) that the App and any subsequent revisions, modifications, updates, upgrades or versions is and would be compatible with your Mobile Device. It is your responsibility to ensure that the App is and will be compatible with your Mobile Device at all time and you acknowledge and agree that FASSPAY shall not be liable in any manner whatsoever for any liability, loss, damages, cost and expense suffered and/or incurred by you due to the App being incompatible with your Mobile Device.
You acknowledge that certain message and data may apply from your wireless service providers and/or carriers which might impact your use of the Wallet. For example, your mobile service carrier or provider may impose data usage for your use of the Wallet, including download the requested software, receiving or sending text message, or other use of Your mobile device when using the software or other products and services provider by the Wallet. You agree that you are responsible for all such fees and restrictions, and that we may contact you via SMS, Email, in-application messages, automatically dialed calls or text and other communications to your device, for any purpose regarding your Wallet accounts, including but not limited to account servicing and collection.
|2.6||As the holder of the Account, you hereby expressly acknowledge and agree that:
|3.||Grant of License and Restriction|
|3.1||FASSPAY hereby grants you a non-exclusive, non-transferable, limited, personal and revocable right and license to access and use the Wallet for your personal use only, provided you comply fully with the T&C. You acknowledge and agree that some of the functionalities or services offered by the Wallet may be provided by its parent entity Soft Space Sdn. Bhd., or Soft Space’s affiliates.|
|3.2||You shall not use the Wallet, for purposes other than making payments and managing your account, by interfere or attempt to interfere with the operation or use of the Wallet in any way through any means or device including, but not limited to spamming, hacking, modifying, uploading, programing, trojan horses, time bombs, cancelbots, send, use or reuse computer viruses or otherwise corrupting the security or functionality of the Wallet, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information.|
|3.3||You may not reverse-engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or assist any other person to do any of the foregoing) the Wallet in whole or in part.|
|3.4||You shall not do anything that created liabilities for us or cause the Wallet to lose (in whole or in part) the services of our ISPs or other suppliers.|
|3.5||You shall not cause annoyance, inconvenience or needless anxiety or be a nuisance.|
|3.6||You shall not circumvent user authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with service to any user, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading FASSPAY’s legitimate web pages (referred to as “page-jacking”), or use the App or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability, and FASSPAY will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;|
|3.7||If You fail to comply with, or FASSPAY have reasonable suspicion that you have failed to comply with any provision of these T&C, without limiting FASSPAY’s other rights and remedies, all of which are expressly reserved, FASSPAY, in its sole discretion and without notice may immediately terminated and suspend your use of the Wallet, terminate the licenses granted hereunder; and/or preclude access to the Wallet. FASSPAY reserve the right to claims for damages or criminal prosecution where applicable.|
|4.||Account Password and Security|
|4.1||As a safety measure, you shall change the password as frequently as possible. In addition to User ID and Password, FASSPAY may, at its discretion, advise You to adopt any other means of authentication.|
|4.2||You are solely responsible for maintaining the confidentiality of your register login name, account, PIN, password and for restricting access to your Mobile Device or tablet to prevent unauthorized access to your account at all time, and to notify FASSPAY immediately if your Wallet Password or PIN is stolen, becomes known to an unauthorized third party or is otherwise compromised. Your Wallet account will continue to operate as normal until you report it lost or stolen, it will continue to operate as normal until FASSPAY have officially received your report of the lost or stolen. In the event of lost, theft or stolen, you must report to FASSPAY as soon as possible. FASSPAY is not liable or responsible for any loss or damages suffered by you due to your failure to report of the above mentioned, to apply a security function to Your device, to keep Your PIN confidential, or you lost, stolen, or damaged device.
In the event of lost, theft or stolen of your Wallet Account, you may report at email@example.com or by calling FASSPAY Customer Services on 03-74941222, FASSPAY will then terminate or suspended you Wallet account.
Wallet account invalidation shall be effective within twenty-four (24) hours upon notification. You will be remains liable for all Wallet transaction (including all costs associated with its unauthorized use) prior to actual Wallet account invalidation. FASSPAY shall not be responsible to refund any monies arising from use by any persons till the expiry of twenty-four (24) hours from the date and time of Your report or notification.
|4.3||In the event of forgetting of User ID and/or password or expiry/disability of password(s), You can request for change of the password via the App. The selection of a new password and/or the replacement of User ID shall not be construed as the commencement of a new contract. You agree and acknowledges that FASSPAY shall in no way be held responsible or liable if you had failed to follow the Wallet Services instructions as published by FASSPAY on the site from time to time. You agree to fully indemnify and hold harmless FASSPAY in respect of the same.|
|4.4||The Wallet Services User ID/Password shall get locked after you key in the wrong PIN Number more than three (3) times. The same will be resume and available on the next day.|
|4.5||FASSPAY has the discretion to deactivate your Wallet Services ID, if the account has not been used or added value to the wallet for a period of exceeded 3 (three) months.|
|4.6||FASSPAY has adopted the mode of authentication of the User by means of verification of the User ID and/or through verification of password or through any other mode of verification as may be stipulated at the discretion of FASSPAY. You hereby agree and consent for the mode of verification adopted by FASSPAY. You agree that the transactions carried out or put through by the aforesaid mode shall be valid, binding and enforceable against you and shall not be entitled to raise any dispute questioning the transactions.|
|4.7||You agree to accept responsibility for all activities that occur under your account or password, whether it was authorized by you. You should take all necessary steps to ensure:
|5.||Termination of Wallet Account|
|You may terminate your FASSPAY wallet account at any time, by written notification to FASSPAY and transmitted by hand/mail/email or contact FASSPAY at firstname.lastname@example.org. Upon your confirmation of the account closure, the following will occur:
FASSPAY reserves the right to hold your funds for a period of investigations should it transpire that your account has been potentially subjected to fraud or is in a dispute with another FASSPAY Wallet account holder. FASSPAY shall have the right of set off and lien, irrespective of any other lien or charge, present as well as future, on the account(s) held by you or in any other account, to the extent of all outstanding dues, whatsoever arising as a result of the Wallet Services extend to and/or used by You.
Your FASSPAY wallet account will be suspended in the event that it is dormant or inactive or no transactions have been effected by You through FASSPAY wallet for a period of 12 months. You will be required to contact us to reactivate your account and applicable fees will be applied during the inactive period.
|6.||Privacy and Protection of Personal Data|
|7.1||FASSPAY is provided “As is”. “Where is” and “As available” and without warranties of any kind. FASSPAY make no representations or warranties or guarantees of any kind or nature, whether express or implied, relating to FASSPAY, its employees, suppliers and its licensors, specifically disclaims all such warranties including, without limitation:
|7.2||In no event shall FASSPAY, its employees, suppliers or its licensors be liable to You for any loss of profits, revenue, opportunity, business goodwill, use, data or other intangible losses, or indirect, incidental, consequential, special, exemplary or punitive damages, even if FASSPAY or its licensors have been advices of the possibility of such damages.|
|7.3||In no event shall FASSPAY, its employees, suppliers or its licensors be liable to You for any damage or loss if you allow anyone (such as another user or a merchant) to use or handle Your FASSPAY application, your device, or the Wallet account.|
|7.4||Participating Merchants may present to you of certain discounts, rebates, Rewards or other benefits within the FASSPAY Wallet. Such offers are subject to certain terms and conditions and may change at any time without notice to You, we will not be liable for any loss or damage as a result of any interaction between you and a merchant with respect to such offers. Subject to applicable law and FASSPAY agreement, all matters, including delivery of goods and services, returns, and warranties, are solely between you and the applicable merchants. You acknowledge that we do not endorse or warrant the merchant that are accessible through the FASSPAY Wallet or the offers that they provide.|
|7.5||FASSPAY may include links or access to third party services. Such access will not be construed as an endorsement, sponsorship, or affiliation. FASSPAY exercises no control whatsoever over such other third-party services, and is not responsible or liable for the availability, functioning, or quality thereof or the content, advertising, product or other materials thereon. FASSPAY will not be responsible or liable, directly or indirectly, for any damage or loss (including data loss) incurred or suffered by any User in connection therewith. Your access and use of third party services, including information, material, products and offers therein, is solely at Your own risk, use of third party services may require Your agreement to separate written terms and conditions.|
|7.6||The site of FASSPAY may require maintenance and during such time it may not be possible to process the Your request. This could result in delay and/or failure in the processing of instructions. You understand that FASSPAY disclaims all and any liability, whether direct or indirect, whether arising out of loss or otherwise arising out of any failure or inability by FASSPAY to honor any customer instruction for whatsoever reason.|
|7.7||FASSPAY may send you notifications relating to promotional and marketing activities from time to time. You may opt out from receiving any promotional or marketing messages from FASSPAY by unsubscribing via email or contacting customer service.|
|7.8||FASSPAY may run campaigns/contest or promotions in relation to the Service as may be notified to you from time to time. You agree that your participation in such campaign/contest/promotion shall be subject to the specific terms conditions of such campaign/contest/promotion.|
|7.9||This disclaimer also applies to any claims you may bring against any other party to the extent that FASSPAY would be required to indemnify that party for such claim. The foregoing disclaimers, exclusions and limitations shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.|
|You will indemnify, defend, and hold FASSPAY harmless (and our employees, directors, agents, affiliates, and representatives) from and against any claims, costs, losses, or damages (including reasonable attorney fees) arising out of any claim, action, or other proceeding instituted by a person or entity that arises out of or relates to:
|FASSPAY’s failure to enforce any provision of these T&C or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision. If any part of the T&C is found void and unenforceable, it will not affect the validity of the balance of the T&C which shall remain valid and enforceable.|
|10.||Amendments in Terms and Conditions|
|FASSPAY reserves its rights, in its sole discretion, to update, change, modify, add, supplement discontinue, remove, delete or revise any of the T&C from time to time without prior notice. FASSPAY will endeavor to notify the changes within twenty-one (21) calendar days prior to the changes and variations take effect, by posting it on the Site or any other means as FASSPAY may deem fit which will be binding on you. By continuing to use FASSPAY in any way after such modification, you will be deemed to have read, understood and unconditionally consented and agreed to such changes, and in no events, shall FASSPAY be liable for any claims, costs or damages caused by or arising out of such actions. The Terms and Conditions shall remain valid until it is replaced by another agreement or terminated by either party or account is closed, whichever is earlier, save for those said to survive termination.|
|11.||Proprietary and Intellectual Property Rights|
|The copyright, trademarks, logos, slogans and service marks displayed on FASSPAY Wallet are registered and unregistered intellectual property rights of FASSPAY or of respective intellectual property right owners. Nothing contained on the Wallet should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any intellectual property displayed on the Wallet without the written permission FASSPAY or such third party that may own the intellectual property displayed on the Site.
FASSPAY grants the right to access of the Wallet to you and use the Wallet Services in accordance with the T&C mentioned herein. You acknowledge that the services including, but not limited to, text, content, photographs, video, audio and/or graphics, are either the property of, or used with permission by, FASSPAY and/or by the content providers and may be protected by applicable copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Malaysia and other countries, and the applicable terms and conditions.
You should assume that everything it views or reads on the Wallet (collectively referred to as "content") is copyrighted/ protected by intellectual property laws unless otherwise provided and may not be used, except as provided in the T&C, without the prior written permission of FASSPAY or the relevant copyright owner.
Any breach of the restrictions on use provided in these terms is expressly prohibited by law, may result in severe civil and criminal penalties. FASSPAY shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary) over and above all other remedies available to it, to protect its interests therein.
|Notice under the T&C to You may be given through any medium of communication as may be deemed appropriate by FASSPAY, which primary on in App notification, www.fasspay.com or email, SMS, public notification through media. Such notices will have the same effect as a notice served individually to each User.|
|FASSPAY shall not be liable for delay in performing or failure to perform any of its obligations under the T&C which is caused by circumstances beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of telecommunications, data communication and computer systems and services, natural calamities, war, civil unrest, government action, strikes, lock-outs or other industrial action or trade dispute. Any delay or failure of this kind will not be deemed to be a breach of the T&C and the time performance of the affected obligation will be extended by a period which is reasonable in the circumstances.|
|14.||New and Additional Services|
|FASSPAY may provide you with new or additional services associated with your Wallet from time to time, and these new services will be governed by the terms and conditions herein or as amended from time to time for the respective services.|
|16.||Governing Law and Jurisdiction|
|These T&C shall be governed by and construes in accordance with the laws of Malaysia.|