GENERAL
1. The terms and conditions set out in this General Terms of Use (“Terms”) apply to the use of the Site, App and Services.
2. The Terms govern all users of the Site, App and/or Services (collectively “Users” and each a “User”) and constitute legally binding contract between each User and MKMPay. By using or otherwise accessing the Site, App and/or Services, each User confirms that it has read, understood and agreed to the Terms.
3. The use of certain Services, or areas or features of the Site, App and/or Services, may be subject to separate policies, standards or guidelines, or may require Users to accept additional terms and conditions as published on the Site.
4. MKMPay reserves the right, in its sole discretion, to vary any parts of the Terms any time. Users should periodically visit this page to review the current Terms so that they are aware of any revision by which they are bound. In the event of any changes to the Terms, MKMPay will either notify Users via e-mail to their email address registered with MKMPay or post the changes on this page and update the “Last Updated” date at the top of this page as the effective date of change. However, any changes will not apply retrospectively. Users’ continued use of the Site, App and/or Services after any such changes constitutes acceptance of the latest Terms.
5. The Terms are also available in the Bahasa Malaysia language. In the event of any inconsistency, conflict, ambiguity or discrepancy between the English version and the Bahasa Malaysia version or any other language version of the Terms, the English version of the Terms shall govern
DEFINITIONS AND INTERPRETATION
1. In the Terms, the following words and expressions have the following meanings unless inconsistent with the context or stated otherwise:
“App” means any and all software applications developed, owned and/or operated by MKMPay that run on Mobile Device;
“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;
“Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks, copyrighted materials and Third Party Resources, displayed, published or made available through the Site / 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 in connection with the Site, App, Services and/or Content;
“MKMPay” means MKM CAPITAL SDN BHD (Company No.: 202101015144(1415444-H) a company incorporated in Malaysia;
“MKM CAPITAL SDN BHD” means MKMPay’s proprietary technology underlying the Site, App and/or Services, including internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), source codes, user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by MKMPay or its licensors) in connection with the Site, App and/or Services, and also including any derivatives, improvements, enhancements or extensions of the technology conceived, reduced to practice, or developed by MKMPay from time to time that are not uniquely applicable to Users or that have general applicability in the art;
“Mobile Device” means a portable and wireless computing or telecommunication device together with accessories including but not limited to smartphone and handheld tablet;
“Parties” means collectively MKMPay and a User, and a “Party” means any of them;
“Services” means any and all services provided by MKMPay via the Site and/or App or otherwise services provided by MKMPay, including but not limited to e-wallet, mobile payment, pre-paid card, remittance and other services as MKMPay may introduce from time to time in relation to the Site and/or App;
“Site” means MKMPay’s website at https://www.MKMPay.com;
“Terms” means the terms and conditions herein as may be varied or modified from time to time at MKMPay’s sole discretion;
“User(s)” means user(s) of the Site, App and/or Services;
“User’s Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including, but without limitation to, company logos, trademarks and copyrighted materials, that Users post, upload, transmit or otherwise make available through the Site, App and/or Services.
2. References to Clauses are to the clauses herein.
3. The headings are for convenience only and shall not affect the interpretation of the Terms.
4. Unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa; and words denoting any gender shall include all genders.
5. The expression “person” means any individual, corporation, partnership, association, limited liability company, trust, governmental or quasi-governmental authority or body or other entity or organisation.
GENERAL OBLIGATIONS AND RESTRICTIONS
1. Users may only use the Site, App and/or Services in compliance with Applicable Laws and for legitimate purposes. Users agree to comply with the Terms, all local rules and laws regarding the use of the Site, App and/or Services, including Users’ online conduct, that are applicable in their jurisdictions.
2. In using the Site, App, Services and/or Content, Users must not:
a) use it for any purpose that is improper or unlawful in violation of any Applicable Law or the Terms;
b) use it in any manner that could damage, disable or impair MKMPay’s server, or interfere with other Users’ access or use of the Site or App and security related feature of the Site or App;
c) disassemble, reverse engineer, decompile, modify or otherwise creating derivative works based on MKMPay Technology, any software, applications, updates or hardware contained in or available via the Site, App and/or Services;
d) do anything or cause an action to be done resulting in the infringement or violation of MKMPay’s Intellectual Property Rights;
e) attempt to gain unauthorised access to other User’s Account through means of hacking, mining or other means of interference;
f) harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) interfere with or disrupt the Site or App, or servers or networks connected to the Site or App, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or App, or circumvent any technology used to protect the Site or App;
h) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site, App and/or Services; and/or
i) remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Site or App or pass off or attempt to pass off the Site, App and/or Services as the product of anyone other than MKMPay.
3. To the extent where the Site or App allows Users to post, upload, transmit or otherwise make available any User’s Consent, Users represent and warrant that: (i) Users either are the sole and exclusive owner of the User’s Content or have all rights, licenses, consents and releases necessary for use of the User’s Content on the Site or App; and (ii) neither the User’s Content nor Users’ submission, uploading, publishing or otherwise making available of such User’s Content nor MKMPay’s use of the User’s Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Users further agree that:
a) Users will not share or transmit any material or content that (i) is unlawful, offensive, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) they do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains malicious content, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(vii) is illegal, or intend to promote or commit an illegal act of any kind; or (vii) in MKMPay’s opinion, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose MKMPay or other Users to any harm or liability of any type, or disrepute;
b) impersonate any person or entity, or falsely state or otherwise misrepresent Users’ affiliation with a person or entity;
c) MKMPay is under no obligation to store, retain, publish or make available any User’s Content and that Users shall be responsible for creating backups of any such User’s Content if necessary; and
d) under no circumstances shall MKMPay be liable in any way for any User’s Content, including, but not limited to, any errors or omissions in any User’s Content, or any loss or damage of any kind incurred in connection with the use of or exposure to such User’s Content made available via the Site or App.
4. MKMPay reserves the right to investigate and take appropriate legal action against anyone who, in its opinion, violates the above provisions, and reporting them to the law enforcement authorities.
5. Users are solely responsible for their own hardware, internet connection or telecommunication charges incurred for accessing, connecting to or using the Site, App and/or Services.
UPDATES, MODIFICATIONS AND AVAILABILITY
1. MKMPay may modify or upgrade the features and functionality of the Site, App and/or Services from time to time, and reserve the right to make upgrades, updates, modifications and changes as it deems fit. Users understand that such upgrades or changes may result in interruption, modification, failure, delay or discontinuation of the Site, App and/or Services or any function or feature thereof. In this regard, Users acknowledge and agree that MKMPay assumes no liability, responsibility or obligation for any such interruption, modification, failure, delay or discontinuation associated with the Site, App and/or Services.
2. Notwithstanding anything contained in the Terms, MKMPay reserves the right to modify or discontinue, temporarily or permanently, the Site, App and/or Services (or any part thereof). Unless otherwise provided under the applicable terms and conditions, Users agree that MKMPay shall not be liable to Users or to any third party for any modification, suspension or discontinuance of the Site,App and/or Services.
INTELLECTUAL PROPERTY
1. The Site, App, Content and MKMPay Technology underlying the Site, App and Services are the property of MKMPay and/or its licensors, and are protected by copyright and/or other intellectual property rights. Except as expressly authorised by MKMPay, Users agree to not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site, App and/or Content, in whole or in part. The word “MKMPay”, “MKMPay Technologies” and associated logos are the trademarks, trade names and/or service marks of MKMPay, and Users agree not to display or use in any manner such names and/or marks without MKMPay’s prior written authorisation. In using the Site or App, Users shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Users further acknowledge that they have no right to have access to any aspect of the Site or App in source- code form, and agree not to copy, modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in MKMPay Technology. Any uses of the Site, App and/or Content not expressly permitted herein are prohibited, and any rights thereof not expressly granted herein are reserved by MKMPay.
2. By using the Site, App and/or Services, Users will not acquire any right, title or interest in or to any of the Intellectual Property Rights of MKMPay except for the limited right to use the Site, App and/or Services granted to Users pursuant to the Terms and other applicable terms and conditions. Nothing in the Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of MKMPay’s trade or service marks displayed on the Site or App without MKMPay’s prior written permission in each instance. All goodwill generated from the use of the Site, App, Content and/or Services will inure to MKMPay’s exclusive benefit.
3. To the extent where Users provide MKMPay with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), Users hereby assign ownership of all intellectual property rights subsisting in that Feedback to MKMPay and acknowledge that MKMPay can use and share such Feedback for any purpose in its sole discretion.
4. Other company, product, and service names and logos used and displayed via the Site or 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 MKMPay.
THIRD PARTY RESOURCES
1. The Site or App may contain links to third party’s websites, products, services, information, advertisement or other materials (“Third Party Resources”) that are not owned or controlled by MKMPay, or the Services may be accessible through Third Party Resources. Links to Third Party Resources do not constitute an endorsement or recommendation by MKMPay of such Third Party Resources. When Users access Third Party Resources, Users do so at their own risk. Users hereby represent and warrant that they have read and agree to be bound by all applicable policies of any
Third Party Resources relating to the use of their services and act in accordance with those policies, in addition to Users’ obligations under the Terms. MKMPay has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Resources. In addition, MKMPay will not and cannot monitor, verify, censor or edit the content of any Third Party Resources. Users expressly relieve and hold Instspay harmless from any and all liability arising from the use of any Third Party Resources.
DISCLAIMERS
1. MKMPAY PROVIDES THE SITE, APP AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. USERSAGREE THAT USE OF THE SITE, APP AND/OR SERVICES IS AT THEIR SOLE RISK. OTHER THAN WARRANTIES EXPLICITLY PROVIDED UNDER THE APPLICABLE TERMS AND CONDITIONS, MKMPAY 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 SITE, APP AND/OR SERVICES WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR- FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MKMPAY OR THROUGH THE SITE OR APP WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
2. MKMPay assumes no responsibility whatsoever for any arrangements that Users make with any third party as a result of using the Site, App and/or Services.
3. Users may see advertising material submitted by third parties on the Site or App. Each individual advertiser is solely responsible for the content of its advertising material and MKMPay assumes no responsibility for the content of such advertising material, including, without limitation, any error, omission or inaccuracy therein.
4. If an User is dissatisfied with the Site, App and/or Services, or does not agree with any part of the Terms, his/her sole recourse is to discontinue use of the Site, App and/or Services.
EXCLUSION AND LIMITATION OF LIABILITY
1. UNLESS OTHERWISE PROVIDED IN THE APPLICABLE TERMS AND CONDITIONS, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MKMPAY 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 THESE TERMS ORTHE SITE, APP, SERVICES OR CONTENT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THECLAIM OR WHETHER OR NOT CONNECTED 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.
2. Nothing in the Terms shall limit or exclude (i) any other liability that cannot be excluded by law, or (ii)Users’ statutory rights.
INDEMNITY AND RELEASE
1. Users hereby agree to indemnify MKMPay, including its directors, officers, employees, or agents (“Indemnified Parties”) and keep the Indemnified Parties harmless from and against any claims, actions, suits, proceedings, damages and/or liabilities whatsoever made against the IndemnifiedParties arising from (a) the use of the Site, App, Services and/or Content,
(b) any breach or non-fulfilment of any covenant, agreement or obligation under the Terms,
(c) any violation of the law, or (d) any violation of the rights of any third party while using the Site, App and/or Services. The relevant User 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 MKMPay with notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at that User’s sole expense.
TERM, SUSPENSION AND TERMINATION
1. The agreement between MKMPay and each User under the Terms shall take effect upon the earlier of (a) the User’s commencement of the use of the Site, App and/or Services, or (b) execution of a written agreement with MKMPay in respect of the use of the Services, and will remain in full force and effect for as long as relevant User continue to use the Site, App and/or Services.
2. Without prejudice to MKMPay’s other rights and remedies, MKMPay may in its absolute discretion immediately suspend, discontinue or terminate a User’s access to and/or use of the Site, App and/or Services in the event of any actual or suspected breach of any provisions under the Terms, with or without notice at any time without incurring any liability whatsoever to the User or any third party. In this instance, MKMPay reserves the right to remove and discard data in and content of the User’s account maintained with MKMPay. Any suspected fraudulent, abusive or illegal activity that may be grounds for such suspension, discontinuance or termination may be referred to the appropriate law enforcement authorities.
3. Upon termination of the agreement with a User pursuant to the Terms, the User’s access rights tothe Site, App and/or Services and other rights hereunder or thereunder shall terminate.
4. Upon termination (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.
OTHER PROVISIONS
1. The 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.
2. No delay, neglect or forbearance on the part of MKMPay in enforcing against a User any term or condition of the Terms shall either be or deemed to be a waiver or in any way prejudice any right of MKMPay under the Terms.
3. If any provision of the 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 the Terms and rendered ineffective as far as possible without modifying the remaining provision of the Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of the Terms.
4. MKMPay shall not be liable for failures or delays in performing its obligations hereunder arising from any Event of Force Majeure (defined below), and in the event of any such delay, the time for MKMPay’s performance shall be extended for a period equal to the time lost by reason of the delay which shall be remedied with all due dispatch in the circumstances. “Event of Force Majeure” meansany cause beyond the reasonable control of MKMPay, including any act of God, outbreak, or epidemic of any kind, communicable and virulent disease, strike, flood, fire, embargo, boycott, act of terrorism, insurrection, war, explosion, civil disturbance, shortage of gas, fuel or electricity, interruption of transportation, governmental order, unavoidable accident, or shortage of labour or raw materials.
5. The Terms and all rights and obligations thereof are not assignable, transferable or sub- licensable by Users without MKMPay’s prior written consent. MKMPay may transfer, assign or delegate the Terms and its rights and obligations thereof without prior notice to or consent by Users.
6. All rights and obligations under the Terms are personal to Users. A person who is not a party to this Terms shall have no right to enforce any provision of the Terms.
GOVERNING LAW AND JURISDICTION
Irrespective of the country from which Users access or use the Site, App and/or Services, to the
extent permitted by law, the Terms and Users’ use of the Site, App and/or Services shall be governed in accordance with the laws of Malaysia without regard to choice or conflicts of law principles, and Users 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 the Terms.
NOTICES
1. All notices, requests and/or other communications to be given by MKMPay to a User under the Terms may be either by:-
a) ordinary mail to a User’s last known address in MKMPay’s records;
b) short message service (SMS) or email to a User’s telephone number or email address registered with MKMPay;
c) published on the Site or App; and/or
d) published in national daily newspapers in the main languages, circulated generally throughout Malaysia, and shall be deemed notification upon posting/publication.
2. All notices, requests and/or other communications to be given by you to MKMPay under this Terms must be communicated to the following address (or to such other address as MKMPay may give notice to you from time to time) by hand, registered post or e-mail:
MKM CAPITAL SDN BHD
STAR AVENUE COMMERCIAL CENTRE B-29 JALAN ZUHAL U5/179, SEKSYEN U5 BANDAR PINGGIRAN SUBANG
SHAH ALAM SELANGOR 40150
Malaysia
E-mail: [email protected]
3. If there are any complaints or inquiries and there is no feedback given by MKMPay, you can contact the following bodies:
Bank Negara Malaysia LamanInformasiNasihat dan Khidmat (LINK) Ground Floor, D Block
Jalan Dato’ Onn 50480 Kuala LumpurMalaysia
Contact Centre (BNMTELELINK)
Tel : 1-300-88-5465
(Foreign: 603-2174-1717)
Fax: 603-2174-1515
E-mail: [email protected]
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
Telephone no. – 03-2272 2811
Fax no. – 03-2272 1577
Email address – [email protected]