Updated 5 January 2023
SPayGlobal UnionPay Card Terms and Conditions - Cardholder Agreement
This document is the contract between you, the Cardholder and Siliconnet Technologies Sdn Bhd (“SNT”), the Issuer of the SPayGlobal UnionPay Card, and contains the terms and conditions governing the use of the SPayGlobal UnionPay Card (which may include but is not limited to the Financial Services Act 2013, Bank Negara Malaysia Foreign Exchange Administration Rules, Unclaimed Money’s 1965 Act (revised 2002) (UMA) and provisions of the Anti-Money Laundering and Counter Financing of Terrorism Act 2001) which are binding on you.
The SPayGlobal UnionPay Card is a prepaid UnionPay Virtual Card that can be used worldwide wherever a UnionPay Virtual Card is accepted, subject to the terms and conditions of this Agreement.
Definitions
The following definitions will apply:
“Agreement” means this Cardholder Agreement;
“Annual Fee” means the yearly fee for the continued services of the Card;
“Available Balance” means the actual amount of funds available at any time for usage on your Card Account;
“Card Account” or “Account” means your Card account designated, maintained and operated by SPayGlobal in relation to your Card;
“Card Limit” or “Purse Limit” means the maximum amount of funds that can be topped up to your Card Account at any time and retained in your Card Account for usage, being RM3,000 or less as approved by us for you. This maximum limit is combined with balance available in your SPayGlobal e wallet,
“Cardholder” means you, an individual who has personally applied for and has been granted and issued the Card by SNT;
“Card Transactions” means transactions referring to any retail or online purchases made with or on the Card;
“E-money” means the electronic money associated with your Card, a scheme for the issuance of electronic money (‘e-money’) as a designated payment instrument under the provisions of the Financial Services Act 2013;
“Initial Top-up amount” means the initial top-up that you are required to loads onto your Card Account for the first time before you can start using and transacting with the Card as specified by SPayGlobal.
“ID documents” means your personal identification documents that we may request from you from time to time,
“Issuer”, ”SPayGlobal UnionPay Card”, “we”, “us” and “our” means SPayGlobal UnionPay Card Malaysia Sdn Bhd, the issuer of the Card or anyone we assign our rights to;
“Joining Fee” means the retail price of the Card that you need to pay when you apply, sign up and register for the Card;
“Merchant” means a retailer, or any other person, firm or corporation that accepts cards which displays the UnionPay acceptance symbol;
“Mobile Application”, “Mobile Application Portal” means SPayGlobal UnionPay Card’s application software running on a mobile device where you can register, activate, access set and edit your Account, including but not limited to your basic account preferences, your personal particulars, your notification preferences, optional subscription services, view Available Balance and Transactions details, block your Card, perform transfer of funds from your Card to another SPayGlobal UnionPay Card (when available) and interact with SPayGlobal UnionPay Card’s customers service;
“QRC Payments” refers to transactions for the purchase of goods and/or services that are successfully carried out and charged by the Cardholder to the Cardholder’s Card Account and which are executed by scanning and confirming the QRC generated on the SPayGlobal mobile app and where the said transactions have been successfully captured or posted on SPayGlobal UnionPay Card’s systems;
“SPayGlobal UnionPay Card” means a prepaid card in a virtual form bearing the name UnionPay Card and/or the service marks of UnionPay issued by SNT pursuant to this Agreement;
“SNT” means Siliconnet Technologies Sendirian Berhad, the owner and operator of SPayGlobal UnionPay Card.;
“Top-Up Channels” means any payment cards with debit or credit function for the Cardholder to make the initial top-up and/or subsequent top-ups to the Card and any other designated payment channels or centres (as appointed or authorized by SPayGlobal UnionPay Card) for the Cardholder to make the initial top-up and/or subsequent top-ups to the Card from time to time;
“Transactions” means all transactions effected through the use of the Card, including but not limited to, retail transactions, online transactions and other transactions, such as ATM withdrawal, reload transactions and others;
“Website”, or the “Site”–means the SPayGlobal website hosted by Siliconnet Technologies Sdn Bhd;
“You”, “your”, “yours” or “customer” means you, the Cardholder.
Introduction
By applying for the Card and/or by retaining, using or authorizing the use of the Card, you warrant and represent that: you are at least eighteen (18) years of age; you are a Malaysian citizen or a Malaysian permanent resident or a foreigner legitimately residing or gainfully employed pursuant to a working visa and who has a valid mailing address in Malaysia; all of the personal information provided by you to us is true, correct and complete; you acknowledge and agree that in order for us to provide you with the services, benefits, offers and privileges related to the Card, to manage your Card and Card Account, to facilitate the use of your Card and the processing of any transaction effected or to be effected through the use of your Card, the sharing, transfer, retrieval, updating and processing of your personal information as well as the creation of member profiles and user accounts and updating of personal details may occur between SPayGlobal UnionPay Card, our subsidiaries, associates, related corporations and affiliates (including but not limited to, SNT), our licensees, assignees, proposed assignees, agents, vendors, service providers, merchants, strategic partners, commercial partners, third party contractors, any regulatory authorities (including Bank Negara Malaysia and such other authorities or bodies having jurisdiction over us), payment network operators, and any other parties engaged by us to enable or assist us in the provision of services to you or to exercise or enforce our rights hereunder and/or any other party whomsoever as we may, to the extent at our sole and absolute discretion deem fit and necessary, within and beyond Malaysia, as stated in our Privacy Notice and you have consented to the same; and that you have read, understood and accepted all the terms and conditions contained in this Agreement and in connection with the use of the Card, and that they are legally binding on you.
Applying for the Card
The Card is only available for those who are aged 18 years and above, who are Malaysian citizens or Malaysian permanent residents or foreigners legitimately residing or gainfully employed pursuant to a working visa and who have a valid mailing address in Malaysia. If you are below 18 years or are not a Malaysian citizen or Malaysian permanent resident, you are not eligible for the Card.
You may apply for the Card via the Mobile Application. We may however introduce other channels for application of the Card from time to time (i.e. authorized sales channels or sales booths).
When you apply for the Card, you must provide all the information as required by us during the registration process, accept the Terms and Conditions of the Card (which includes any applicable fees) and pay the Joining Fee in order for your application to be successfully processed. You will also need to top-up the initial amount onto the Card (i.e. the minimum top-up). We will not process any applications or mail or deliver your Card to you if the Joining Fee has not been paid by you or not received by us. A credit refund of the Joining Fee will be made into your Card Account, upon your top-up of a minimum top-up amount as specified by SPayGlobal UnionPay Card. The payment of the Joining Fee can be done on the Mobile Application. We may however introduce other top-up channels i.e. offline over the counter at our authorized sales channels from time to time.
If you do not pay the Joining Fee (whether via the Mobile Application or offline channels, if applicable) within the stipulated time period as specified by us, we shall treat your application as an invalid and void transaction, and you will then have to make a new application for the Card. We advise you to retain your payment confirmation or receipt (as may be applicable) as proof of your payment of the Joining Fee.
The SPayGlobal UnionPay Card Card comes with a Card Limit approved by us for you and is subject to Know-Your-Customer (KYC) verification and approval by us.
We reserve the right to reject, terminate and/or decline your Card application at our sole and absolute discretion and/or if our records show that you have had a bad card account with us in the past in relation to any type of prepaid card issued by SPayGlobal UnionPay Card or if any of your previous prepaid card(s) or prepaid e wallet account(s) issued by SPayGlobal UnionPay Card has been monitored by us due to unusual, irregular, suspicious, fraudulent and/or unauthorized activities or suspected misuse, or has been blocked, cancelled or terminated by us in relation to the same. We may refuse, decline and reject applications by any customer who has been blacklisted by us, Bank Negara Malaysia (or any other regulatory authority) or the relevant card payment networks. Whilst the application for the Card is open to all customers who meet the eligibility criteria, we reserve the right to reject ANY application for the Card and/or to decline to issue a Card at our sole and absolute discretion without assigning any reasons whatsoever, and our decision shall be final and conclusive.
All of the personal information provided by you during the application for the Card will be deemed as true, correct and complete, and SPayGlobal UnionPay Card shall not be held liable nor responsible for any error or omission made by you, which may result in any loss suffered by you, card cancellation or any other financial discrepancies or losses on your Card Account. In the event we find that you have created a forged application or used forged data or documents in your application for the Card, we shall block, cancel or terminate your application or Card immediately without any prior notice to you, and we shall be entitled to retain any balances of funds in your Card account (including the Joining Fee) and we shall not be held liable for any loss or damage suffered by you for the same. We shall further be entitled to take any action against you as may be deemed necessary or as may be required under governing laws or by the relevant governing authorities, including reporting you to the relevant governing authorities.
Fee and Charges
By entering into this Agreement, you agree and undertake to pay all fees arising out of and in connection with the use of your Card pursuant to this Agreement, which includes amongst others, the Joining Fee, account service fee, currency conversion fee, cross border transaction fee, replacement card fee, charges for SMS Alert, sales draft retrieval fee, charges for load or reload of value, and such other fees and charges related to the Card as we may prescribe from time to time. We reserve the right to revise such fees or to charge additional fees (if applicable) for new services (which are optional) which may be offered by us from time to time. All fees paid to or in connection with the Card to us are non-refundable under any circumstances whatsoever. In addition, if we are unable to charge any applicable fees on the Card (including, but not limited to, Account Service Fees for dormant or inactive accounts for a particular month) due to the fact that there are no balance of funds on the Cardholder’s Account for that particular month, then we reserve the right and shall be entitled to retrospectively charge those said applicable fees upon or once the Cardholder has topped the Card up and Account has sufficient balance of funds.
For full details of the fees and charges applicable for the Card, please refer to the Fee & Charges schedule in the Mobile Application and/or Website and/or as stated in the Product Disclosure Sheet (available on the Mobile Application or Website).
Card Limit
The Card Limit is the maximum amount of money that can reside in your Card Account at any point of time. The Card Limit may vary according to the SPayGlobal UnionPay Card product type that you have applied for. You cannot load or top up funds in excess of the Card Limit that has been stipulated for the Card and approved by us for you. The RM3,000 is a combined limit together with that of your SPayGlobal e wallet.
If you apply for a Card Limit of RM3,000, then you must submit certain documents to us, including but not limited to, for example: a copy of your ID documents, a copy of the proof of your residential address, your mobile phone bill, utility bill or bank statements and/or any other type of documents that we may request from time to time. If you refuse to provide us with any of the documents that we have requested, we may cancel, reject or terminate your application or upgrade request.
Applications without payment of the Joining Fee (or ID Documents) will not be processed or approved until payment of the Joining Fee is made and the ID Documents have been received and/or verified by SPayGlobal UnionPay Card. SPayGlobal UnionPay Card reserves the right to approve or decline any applications for whatever reason(s) (including a waiver of the Joining Fee or the initial reload fee) at our sole and absolute discretion, and such decisions shall be final and conclusive.
Notification of approval of the Card
Once processed and approved, SNT shall notify you of the approval within fourteen (14) working days after we have received your Joining Fee payment (and supporting ID documents as requested by us). Please ensure you have stated the current and correct mailing address in your application details to avoid not receiving the notification. We shall not be responsible in the event of any error in your application or if you have keyed in wrong mailing address details.
You must have a mailing address in Malaysia to enable us to process and approve your application. Mailing addresses outside Malaysia and addresses bearing P.O. Box numbers will be rejected and we will not process or approve such applications.
You are fully responsible for complying with all the terms and conditions of this Agreement and you shall be bound by them in connection with your use of the Card.
Activation of the Card
You must activate your Card first before you can use it to make any Transactions. You can activate your Card in the Mobile Application.
The Loading of Funds to the Card
The loading of funds to the Card Account can only be in Ringgit Malaysia. You agree that SPayGlobal UnionPay Card shall not be liable to you in the event of delay in crediting of such funds into the Card Account where such delay is not attributable to the fault of SPayGlobal UnionPay Card.
Validity
The Card is valid for three (3) years as stated on the face of the Card. After three (3) years, you will be issued with a new Card unless otherwise instructed by you or as otherwise determined and/or declined by us. Without prejudice to the foregoing, the renewal of a new Card by us for you upon the expiry period shall be at our sole and absolute discretion. We may decline any renewals or requests for replacement Cards at our sole and absolute discretion, and our decision shall be final and conclusive.
Use of the Card
All Cards are issued are virtual cards and available only in the SPayGlobal mobile app. Once the Card is activated and you have topped-up the Card with funds, you may start to use the Card to purchase goods and services worldwide anywhere a UnionPay virtual card is accepted. Each time you use the Card to purchase goods or services, you authorize us to deduct your funds from your Card Account.
The Card is non-transferable and shall only be used exclusively by you as the Cardholder. Your Card shall not be pledged by you as security for any purpose whatsoever. You shall not give the Card or your Card Account number to other third parties or allow them to use it for charges, identification or any other purpose. If you do so, you will be liable for all charges made with the Card as a result thereof.
Your Card usage is limited to a maximum of the Card Limit. If you opt for any optional services provided by us (if applicable), then you may have to maintain a minimum amount as specified in connection with the use of those services.
You should frequently review your Card Account to check and verify your Available Balance before using your Card. You must always ensure that there are sufficient funds in your Card Account to pay for each transaction and to cover the total amount transacted on your Card Account, including purchases, recurring transactions, cash withdrawals, fees and other charges. If the total amount in your Card account is insufficient, your transaction will be declined and in the case of recurring declined transactions, you would have to make your own arrangements for payment with the recurring merchant. If you have not paid any of the fees (as may be applicable), your Card cannot be used and we will be entitled to block, suspend and/or to terminate your Card account.
Without prejudice to the above, we shall not be responsible for the refusal of any Merchant or member institution of UnionPay Cad to honour or accept your Card.
All transactions conducted with your Card will only be reflected and posted to your Card Account after they have been submitted by the respective merchant/acquiring bank and processed by the UnionPay payment network to SPayGlobal UnionPay Card.
Reloading of Value to the Card (“Top-up to the Card”)
Additional value may be topped up to your Card subject to the limitations or maximum Card Limit as may be applicable. We may, from time to time, at our sole discretion or as may be deemed necessary, impose limits on the amount that can be topped-up on the Card Account or a minimum top-up amount for each top-up transaction or as may be required by law. You cannot top-up your Card in excess of the maximum Card Limit which has been stipulated and approved for your Card. We shall not be responsible or held liable for any disputes (or loss) in relation to any excess funds if you attempt, have attempted or actually topped-up in excess of the maximum Card Limit, and we reserve the right to take any action that we may deem necessary, including blocking, suspending and/or terminating and cancelling your Card if we find you have persistently attempted to do so, despite the Card Limits stipulated for the Card.
In the event of any excess funds reloaded by you, we will either refund the excess amount by cheque or by depositing it into your bank account (provided you have given us your banking account details) or via other channels as determined by us or credit the same back into your Card Account if your balance has dropped sufficiently at our sole and absolute discretion and in accordance with our internal company policies. Note that even if you have topped up your Card account in excess of the Card Limit, you can still only transact and use the Card up to the maximum of the Card Limit.
Notwithstanding and irrespective of the above, we reiterate and remind you that you can only reload and top up your Card subject to the limitations or maximum Card Limit(s) that have been stipulated, approved and/or imposed by us, and we reserve the right to take any action as we deem necessary or even terminate and cancel your Card in relation to non-adherence of the same. In addition, we reserve the right to debit your Card for any funds which have been topped up to your Card in excess or erroneously.
All reloads and/or top ups of funds shall not be considered to have been made until all relevant funds have been received and processed as good value by us. Reloading of additional value to the Card may be delayed until we have actually received and processed the actual payment. During such delay, the amount transferred will not be available for you to use. We reserve the right to accept or reject any request to add additional value to the Card or any reload and top-up made onto the Card. Load/ service fees are applicable and chargeable by our authorized reload agents.
For all our available Top-Up Channels, please refer to the Mobile Application for details. Our Top-Up Channels are not exhaustive and may change or be replaced from time to time. For Top-Up Channels operated by our authorized agents or partners, please note that a fee may be levied by the respective agents or partners. You may check with the respective agents and partners for the applicable top-up fees charged by them or alternatively you may refer to our Mobile Application or Website.
You agree that we shall not be liable to you in the event of delay in any loading of funds into your Card where such delay is not attributable to our fault.
We reserve the right to suspend, revoke and/or block any reloads or top ups to your Card which we discover and/or which we have been informed by any third parties (including the police, Bank Negara Malaysia, UnionPay and/or other banking institutions or other relevant parties) to be irregular, suspicious, illegal or unauthorized, and we shall be entitled to take any action against you as may be deemed necessary for such transactions, including blocking suspending and/or terminating your Card and Card account.
Mobile Application
You will be solely responsible for your own personal Card account settings, and SPayGlobal UnionPay Card shall not be held liable for any errors or losses incurred or suffered by you as a result of any personal settings or information set or keyed in by you in the Mobile Application.
Card
Your Card is and shall at all times remain our property and shall be cancelled to us immediately upon our notification. By applying for and subscribing to the Card and/or by retaining, using or authorizing the use of the Card, you agree and undertake:- (a) not to use the Card to purchase illegal goods or services or to use it for any unlawful and/or fraudulent activities; (b) to promptly notify us of any loss or theft of the Card; and (c) to abide by and to only use the Card strictly in accordance with the terms and conditions of this Cardholder Agreement.
You cannot use your Card for business and/or commercial purposes which are deemed to be unacceptable by us and we shall be entitled to block the authorization for the use of the Card for such activities.
If the Card is used in a manner other than as permitted by this Cardholder Agreement, to the extent permitted by law, we may, at our option and without waiving any of our rights, recognize the transactions and debit or credit the Card accordingly. Any online betting and/or gambling activities are prohibited and you agree that we do not owe you any duty and/ or obligation whatsoever to monitor and block the use of the Card for any unlawful activities. If we do find that your Card has been used for unlawful or fraudulent activity, we shall be entitled to suspend, block and/or terminate the use of the Card immediately without prior notice to you. Notwithstanding the above, SPayGlobal UnionPay Card reserves the right to block, suspend or decline any Transaction at its sole and absolute discretion.
Cardholder
The Cardholder is the individual who personally applies for and has been issued the Card. As a Cardholder, you will be able to transact at all designated UnionPay merchants worldwide accepting e payments, make retail purchases at locations displaying the UnionPay acceptance mark accepting e payments, carry out online transactions, top-up up your Card at our available top-up channels, access and view your Card Account balance and transaction history on the Mobile Application and carry out all other functions associated with the Card.
Card Services and/or Products
We may from time to time introduce new services, offers or programs in relation to the use of your Card including but not limited to services, offers or programs that offer promotional items or other special terms as we may apply from time to time to a category of transactions. We will tell you of the terms and conditions of such services, offers or programs at the time of the introduction of the services, offers or programs (if any). The terms and conditions of such services, offers and programs are binding on you as if the same are contained here.
More than one service(s), offer or program may apply to your Card at the same time. We are entitled to introduce and terminate any such service, offer or programs from time to time at our absolute discretion.
SMS Alert Service
We may provide and/or implement a SMS Alert service (“Alert”) for your Card (subject to your Card being in good standing and/or not suspended or blocked by us). If we implement this service, alert notifications will be sent via Short Messaging Service (“SMS”) at our discretion based on pre-determined criteria(s) as follows: (a) first card usage alerts; (b) transactions alerts, both local and overseas, above a certain value; and (c) suspicious or irregular transaction alerts. The Alert service is subject to the terms of your agreement with your mobile phone service provider. You shall ensure that your mobile phone and number are able to receive text messaging both in Malaysia and overseas, and you shall be personally responsible for any fee imposed by your respective mobile phone service provider.
Each Alert will not be encrypted and may include details pertaining to your Transaction(s). You are responsible for the security of your mobile phone. We shall not be liable in any way to you (or any third party) should any Alert be viewed or accessed by persons other than you, the Cardholder. We shall not be liable for any or all losses, damage, expenses, fees, costs (including legal costs on a full indemnity basis) that may arise, directly or indirectly, in whole or in part, from (a) the non-delivery, the delayed delivery, or the misdirected delivery of an Alert; (b) the nonreceipt of an Alert; (c) inaccurate or incomplete content in an Alert; (d) reliance on or use of the information provided in an Alert for any purpose; or (e) any third party, whether authorized or not, obtaining your Card account information contained in the Alert by accessing the your mobile phone.
An Alert does not constitute a record of the Card Account or Card transaction to which it pertains. We do not assume any additional responsibility or obligation in respect of the use of, or any transaction or eventuality involving, the Card Account. The Alert service does not free you from the responsibility of safeguarding the physical security and authorized use of your Card or Card Account, and it does not entail that SPayGlobal UnionPay Card will automatically be liable for any unauthorized Transaction(s) that may be charged to the Card Account. The SMS Alert service may be subject to a fee. Please refer to our Fee and Charges on the Mobile Application or our Website for any charges that may be imposed for the SMS Alert service. The SMS Alert service may be subject to additional terms and conditions, please refer to our Website under 14 the SMS Alert service feature for further details. Any additional terms and conditions applicable to the SMS Alert service shall be binding on you and shall apply in addition and not in substitution to the terms and conditions contained herein.
Disputed Transactions – Goods/Services
We are not responsible and shall not be liable for the goods and services purchased with your Card, whether at the Merchant’s premises, written instructions sent by mail, email, facsimile, telephone order, online via the internet or any other means by which you have authorized the use of your Card for the purchase of goods and services. We are further not responsible for the delivery, quality, safety, legality, fitness for purpose or any other aspect of the goods or services (including any defects or deficiency in any goods or services) purchased by you from Merchants with your Card. All disputes involving the same should be addressed directly to the Merchants from whom the relevant goods and services were purchased. You agree to settle all disputes directly with the Merchant who honoured your Card or the member institution of UnionPay concerned and you shall pay us all amounts required under this Agreement despite such disputes. You shall not be entitled to set-off or counterclaim against us or to withhold payment to us on account of such complaint or under any circumstances whatsoever in respect of your claim against the Merchant or the member institution of UnionPay. You shall not initiate any claim or take legal action against us for any claim you have against the Merchant or for any issues with regards the delivery, quality, safety, legality, fitness for purpose or any other aspect of the goods or services purchased by you from the Merchant. You should ensure that the transaction amount is correct before you before you enter your PIN or other identifying number or password at an electronic payment facility. By signing a voucher or transaction report or entering your 6-digit personal identification number (“PIN”) or other identifying number or password at an electronic payment facility, you indicate your acceptance that the transaction amount is correct. In addition, SPayGlobal UnionPay Card reserves the right to block, suspend or decline any Transaction at its sole and absolute discretion. Please also note you must key-in your 6-digit PIN for verification instead of signing a transaction slip when making payment at point-of-sale terminals for transactions you make with domestic or overseas merchants using your Virtual Card. You must set your 6-digit PIN if you have yet to do so.
Internet Transactions
If you use your Card to purchase goods and/or services through the online internet sites or portals, you shall be solely responsible for the security of such use at all times. You agree that the entry of your Card information on the internet shall be sufficient proof of the authenticity of such instructions. We are under no obligation to verify the 15 identity or the authority of the person entering your Card information and we shall not be liable for acting on such use of your Card regardless of whether the person is authorized or unauthorized and regardless of the circumstances prevailing at the time of the transaction. However, we reserve the right not to process any such transaction over the internet if we have any reason to doubt its authenticity or if in our opinion it is suspicious in nature, unlawful or otherwise improper to do so or for any other reason. Notwithstanding the above, SPayGlobal UnionPay Card reserves the right to block, suspend or decline any Transaction at its sole and absolute discretion. For all transactions processed via the two factor authentication mechanism, we shall not entertain any disputes from you with regards to the fact that you did not authorize or participate in the transaction nor will you be able to raise a chargeback claim for such transactions which have been processed under the two factor authentication mechanism. In such cases of two factor authentication transactions, we will only allow chargeback due to no authorization, processing errors, service not rendered and other card acceptance violations as stipulated in the UnionPay card chargeback rules.
Personal Identification Number (“PIN”)
You may set and change the PIN through the Mobile Application or any other mode as determined by us from time to time.
The PIN is strictly confidential and you should never disclose your PIN to any person under any circumstances or by any means whatsoever. You should not keep any written record of your PIN at any place or in any manner which may enable a third party to have access to it and/or make use of your Card. Failure to comply with this requirement will expose you to the consequences of theft and/ or unauthorized use of your Card, for which we will not be in any way be responsible or liable to you. You shall hold us free from all claims and liabilities from all parties whomsoever arising from the use of your PIN whether authorized or otherwise.
Disclosure of loss of PIN or Unauthorized Use of Card
You shall be and remain liable to us for any goods and services supplied by the merchants through the use of your Card whether or not you have authorized such usage. You shall use all reasonable precautions to prevent disclosure of the PIN to any unauthorized person or the loss, theft or unauthorized use of your Card.
In the event of disclosure of your PIN to any unauthorized person or the unauthorized use of your Card or your Card is lost or stolen, you must immediately freeze your Card via the Mobile Application. Alternatively, you may call our Customer Service to cancel your Card Account. You Card will be blocked once you have “frozen” it in the Mobile Application. Alternatively, if you call our Customer Service, we will block your Card upon receipt of your notification. You should then send a confirmation in writing to us. As a matter of prudence, we advise you to lodge a police report immediately to substantiate your claim.
We may at our discretion on a case-to-case basis ask you for a copy of the police report confirming the incident. If we do indeed require the police report, and you are not able to provide us with a copy, we may not be able to proceed with our investigations and we shall not be responsible or be held liable for any disputes or loss suffered by you in relation to any transactions incurred from unauthorized usage of the Card. You shall be and remain liable for all transactions incurred from unauthorized usage of the Card, where investigations made by us or the police reveal that you are a party in the procurement of any merchandise or services from the merchants effected through the use of the Card by the use of any unauthorized person. You shall be liable for such unauthorized transaction before we receive written notification of the loss or theft. We may at our absolute discretion, resolve that your liability be limited to RM250 provided you are not found to be negligent or have not acted fraudulently.
We shall not be responsible and shall not be liable for any transaction as a result of the loss or theft or misuse of the Card, occurring prior to you reporting the loss or theft of the Card to us.
Without prejudice to our rights and notwithstanding that you may have exercised all reasonable precaution to prevent the loss or theft or unauthorized use of your PIN or your Card, and you have reported the loss or theft or unauthorized use thereof, you shall remain liable to us if you have acted fraudulently or if you were involved in the procurement of goods or services supplied by any merchant through the use of your Card by any person or if you have failed to inform us upon discovering that your PIN has been lost or stolen or used for purposes unauthorized by you.
Upon discovery that an unauthorized person or persons have acquired knowledge of the PIN or use of your Card not authorized by you, you may request us to issue a replacement Card and we shall have the right at our sole discretion to accept or to refuse such request without having to assign any reason whatsoever. We are under no obligation to issue a replacement Card automatically following its loss or theft.
Any replacement Card will be subjected to a replacement card fee, unless waived by us at our sole discretion. If we approve your request for a replacement Card, and upon proper verification, we will issue a new Card to you with a new account number. The balance of funds from your previous lost or stolen blocked Card Account will be transferred to the new Card Account accordingly. If we do not issue you a replacement Card, the balance in your lost or stolen Card will be refunded to you (less any applicable fees and charges) after fourteen (14) business days via cheque or by depositing it into your bank account (provided you have given us your banking account details) or in any other manner in accordance with our internal policies. SPayGlobal UnionPay Card will refund Available Balances in Ringgit Malaysia only.
Card to Card Transfer
You can only transfer funds from your Card to another SPayGlobal UnionPay Card Cardholder. The maximum daily transfer limit is RM1,500. Please refer to the Mobile Application to find out more about this feature.
Disclosure of Passwords, Unauthorized Access
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 our Customer Service. We may from time to time first verify your identity through the security protocols established by us (and which may be changed from time to time at our 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 authorization purposes and for access into your Card Account) secret and you shall use all reasonable precautions to prevent disclosure of the same to any unauthorized person, or third party. We shall not be responsible and shall not be liable for any loss suffered or in relation to the transactions on your Card Account or for any unauthorized transactions on your Card, if you disclose any of your passwords, security codes, security questions, security answers or any of your personal details to unauthorized parties or third parties.
Transactions made in Foreign Currencies
If a Transaction is made in a foreign currency, UnionPay will convert the transaction into the Ringgit Malaysia equivalent at the conversion rate as determined by UnionPay as at the date it is processed by UnionPay after merchant settlement. You will also be required to pay administration costs at such rates/fees as shall be determined by us.
Transaction History
A transaction history comprising of a statement detailing your account deposits, expenses, fees, payments, charges, transactions, total account balance, Available Balance and all other relevant information with respect to your Card Account shall be available on the Mobile Application.
A hardcopy of the transaction history is available upon request via email to us. All issuance of hardcopies will be subject to a fee as determined by us.
All entries in the transaction history are deemed true and accurate unless you inform us of any error, exception, dispute or unauthorized transaction within forty (40) days from the date of the transaction. If we do 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.
In the event the investigations and verifications conducted by SPayGlobal UnionPay Card reveal that the disputed transaction(s) was (were) accurate, genuine and properly authorized by you, then you, the Cardholder shall be liable for all the disputed transaction(s).
You, the Cardholder further agree to indemnify us, SPayGlobal UnionPay Card against all other costs, expenses & charges that SPayGlobal UnionPay Card may incur in the verification processes of the disputed transactions.
If you dispute any transactions stated in your history transaction, we may in our absolute discretion and as deemed fit conduct any investigation(s) regarding the disputed transaction(s) wherein the following shall apply: If our investigation(s) reveal or indicate that you are liable for any of the disputed transaction(s), we shall be entitled to levy the following charges: an investigation charge as we may deem fit to charge; from the date of the disputed transaction(s) until the finalization of our investigation(s). No investigation charge(s) shall be levied in the event that the investigation(s) reveal that you are not liable for any of the disputed transaction(s). Our findings in any investigation conducted in relation to your Card Account shall be conclusive, final and binding on you and shall not be opened for questioning in any event.
Communication
We shall be entitled from time to time to contact you via electronic transmission (including, but not limited to email communication, telex, fax), short messaging service (‘SMS’) or via telephone correspondence, and any other means of exchange communication in respect of, but not limited to, the confirmation of transactions, whether or not you transacted the same, status of your Card and Card Account, communication on promotions (and promotional items) for the Card, and for any other matters relating to the Card. The information in respect of any electronic transmission may be subject to certain time lags and/or delays. The features of any such notice may at any time be varied or discontinued by us, with or without notice, at our absolute discretion. SPayGlobal UnionPay Card and/or SNT shall be entitled to send you offers, promotional and marketing materials with regards the Card from time to time.
Events of Default by Cardholder
We may suspend, block, revoke and/or or terminate the Card and/or any of the services offered to the Cardholder with or without prior notice notwithstanding that we may have waived our rights on some previous occasion upon the occurrences of any or more of the following events, including but not limited to:–
if payment of any sum of money is due from you to us at any time under the Card Account; or if you use your Card for any unlawful activities such as online betting and/or gambling activities; or if you commit or threaten to commit a default or breach of any agreements, covenants, stipulations, terms or conditions set out in this Agreement; or if you have furnished false information, data or documents to us; or if in our absolute opinion, your Card Account has not been operated satisfactorily or used for fraudulent purposes; or if we have noticed irregular, suspicious or unauthorized activity on your Card; or if an event or events has or have occurred or a situation exists which should or might in our opinion prejudice your ability to perform your obligations under this Agreement; or if we in our absolute discretion refuse to issue a replacement card or renew your Card; or if we in our absolute discretion decide to block, suspend, cancel or terminate the use of your Card; or if you use your Card for business and/or commercial purposes which we deem not acceptable to be transacted using your Card.. In such circumstances we reserve the right not to refund any balance of funds existing in your Card Account and we shall be entitled to retain the same at our sole discretion, and/or as may be required by the relevant governing authorities. Further thereto, we reserve the right to take any action against you as may be deemed necessary or as may be required under governing laws or by the relevant governing authorities.
We reserve all rights to block, decline or terminate your application for the Card, the issuance of a Card by us to you or your Card and Card Account (if the same has already been issued to you) if we find that you have furnished false or misleading information and/or documents to us concerning your personal details and any other information required in the application form immediately at our sole discretion without any prior notice to you. In such circumstances, we shall not refund any balances existing in your Card Account (if the same has been issued to you) and we shall be entitled to retain the same. We shall not refund the initial top-up amount to you if you have not received the Card yet.
If we obtain judgment from any court for any sum owing under this Agreement, any charges payable shall continue to be payable from the date of judgment until the date of full payment of such sum of money so adjudged to be payable to us.
Blocking, Suspension, Cancellation and/or Termination of Card by SPayGlobal UnionPay Card due to Suspicious, Fraudulent, Unusual, Irregular or Unauthorized Activity
In addition to the Events of Default above, we may at our sole and absolute discretion, limit, block, suspend or terminate your use of the Card and Card Account if we detect any unusual, irregular, suspicious, fraudulent or unauthorized activity on your Card and/or Card Account; or suspect misuse of your Card and/or Card Account; or there is a contravention; non-adherence or breach by you of any of the provisions of this Agreement. We shall have the right to withdraw at our absolute discretion, all or any of the facilities provided by us, with or without notice and without assigning any reasons for it, and in such circumstances if we so deem fit to terminate use of your Card notwithstanding that we may have waived our rights on some previous occasions. We may refuse to issue a Card or may revoke the Card privileges with or without cause or notice, other than as required by applicable law.
If we detect unusual, irregular, suspicious, unauthorized or fraudulent activity on your Card Account, we may suspend and block the use of your Card and its account immediately as security/precautionary measures (with or without prior notice to you) until we can verify the activity. If we decide to cancel or suspend (block) the use of the Card, we 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 an expired, revoked, blocked, suspended, terminated or otherwise invalid Card. SPayGlobal UnionPay Card’s cancellation of Card privileges will not affect your rights and obligations pursuant to this Agreement. If we cancel or suspend your Card privileges through no fault of yours, you will be entitled to a refund of any remaining balance on the Card as provided in this Agreement.
If we cancel and terminate your Card due to the abovementioned reasons, we reserve the right not to refund any balances of funds existing in your Card Account and we shall be entitled to retain the same at our sole discretion, and/or as may be required by the relevant governing authorities. Further thereto, we reserve the right to take any action against you as may be deemed necessary or as may be required under governing laws or by the relevant governing authorities.
Voluntary Cancellation and Termination of Card by Cardholder
You may at any time of your own accord cancel your Card and Card Account by sending a notice in writing and/or email notification to us. We will then terminate the Card and any balance of funds on the Card will be refunded to you. You shall remain liable for any transaction(s) effected through the use of your Card prior to and post (where applicable) termination for the use of your Card.
Refund of Balance of Funds upon Termination of Card
Upon termination (whether by SPayGlobal UnionPay Card or you) of the use of your Card (subject to all Card Transactions having first been settled with the relevant third party(s)) the balance of funds on the Card Account shall be refunded to you, the Cardholder (less any applicable fees and charges) after fourteen (14) business days from the date we have confirmed the receipt of your request to process the cancellation of your Card together with your valid and current mailing address submitted by you to SPayGlobal UnionPay Card (via e-mail or any other method notified to you by SPayGlobal UnionPay Card from time to time) within seven (7) days from the date of you notifying SPayGlobal UnionPay Card of your intention to terminate the Card.
In the event of any delay on the Cardholder’s part in confirming his valid and current mailing address three (3) business days prior to the fourteenth business day, then SPayGlobal UnionPay Card will only be able to process the refund from the date we receive the Cardholder’s valid and current mailing address. If we do not receive any confirmation in writing from the Cardholder with respect to his valid and current mailing address within the fourteen (14) business days from the date of our request for the said confirmation (following cancellation of the Card), then we will be unable to refund the said balance within the stipulated time frame above and shall only refund the same to the Cardholder upon the receipt of the Cardholder’s confirmation in writing of his valid and current mailing address. The balance on your Card will be refunded to you via cheque or by depositing it into your bank account (provided you have given us your banking account details) or in any other manner in accordance with our internal policies.
SPayGlobal UnionPay Card will refund any Available Balances in Ringgit Malaysia only.
Dormant Account
We shall be entitled to terminate any Card Accounts and sweep or forfeit any available balances below RM10 if your Card account has been left dormant for a lengthy period of time.
Balance Transfer upon New Card Application or Renewal
If there is a balance of funds remaining on the Card Account upon the expiration of the Card, and you decide to renew your card (subject to our approval), then the balance of funds will be transferred to a new Card.
Telephone Monitoring and Recording
You agree that we may contact you by telephone about your Card Account, and any other matters in relation to your Card. You agree that we may place such telephone calls using automatic dialling and that such calls will not be deemed as unsolicited calls by you. From time to time we may monitor and/or record telephone calls between you and us. You agree that monitoring and/or recording may be done and that no additional notice to you or additional approval from you is needed.
Variation of Terms
Subject to the limitations of applicable law, we may at any time vary, revise, change, amend, withdraw, substitute or remove any of the terms and conditions of this Agreement. Any such amendment shall be effective twenty-one (21) days after the revised terms have been posted on our Website or the Mobile Application. And thereafter such posting on the Website or the Mobile Application, the revised or new terms will apply to the Card, including, without limitation, all future transactions made using the Card. We may also issue a notice via email, electronic correspondence or any other modes of communication to you concerning any variation, revision, amendment, withdrawal, substitution, removal or change. Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order to maintain or restore the security of the Card or any related payment system. The retention or use of your Card after the effective date of any variation, amendment, revision, substitution or change of terms and conditions shall be deemed to constitute your acceptance of such variation, revision or change without reservation by you.
If you do not accept the proposed variation, amendment, revision, substitution or change, you are entitled to terminate the use of your Card by contacting us, and the provisions relating to termination above shall apply.
Notwithstanding the above, we specifically reserve the right to withdraw or terminate the Card program (in whole or in part), any program, feature, function or benefit thereunder at any time with or without prior notice at our sole discretion. We may from time to time issue additional terms and conditions for the Card, if required.
The latest version of the Terms and Conditions will be on the Mobile Application and Website. We advise you to check the Terms and Conditions of the Card regularly whenever you visit the Website or log-onto the Mobile Application to ensure that you have seen it and are aware of our latest or updated terms and conditions of the Card.
Disclosure
You acknowledge and agree that in order for us to provide you with the services, benefits, offers and privileges related to the Card, to manage your Card and Card Account, to facilitate the use of your Card and the processing of any transaction effected or to be effected through the use of your Card, we shall be entitled to disclose and you irrevocably consent to our disclosure of any information pertaining to you including details related to your Card, Card Account and any other information that may be necessary in relation thereto, to any regulatory authority (including but not limited to Bank Negara Malaysia) or such other authority or body having jurisdiction 25 over us, and to our subsidiaries, associates, related corporations and affiliates (including but not limited to SNT), our licensee, our assignees, proposed assignees, agents, vendors, service providers, merchants, strategic partners, commercial partners, third party contractors, payment network operators and any other party engaged by us to enable or assist us in the provision of services to you or to exercise or enforce our rights hereunder and/or any other party whomsoever as we may, to the extent at our sole and absolute discretion, deem fit and necessary, within and beyond Malaysia, as stipulated in our Privacy Notice. You may refer to our Privacy Notice on the Mobile Application and/or Website.
If we do not have your personal information, or you choose not to share or disclose any information that we may require, we may not be able to provide or continue to provide you with the Card or Card- related services and we will not be obliged, responsible or held liable for the failure to provide the same (and/or any disputes in relation thereto).
Any disclosure by us of your information as set forth herein shall not render us liable to you for any claim, loss, damage (including direct or indirect damages or loss of profits or savings) or liability howsoever arising whether in contract, negligence, or any other basis arising from or in relation to: the release or disclosure of the information by us; and/or the information being incorrect, erroneous or misstated; and/or reliance on the information, whether caused by us or other third party’s misstatement, omission, negligence or default or by technical, hardware or software failures of any kind, interruption, error, omission, viruses, delay in updating or notifying any changes in the information or otherwise howsoever.
Costs and Expenses
You hereby agree that if we initiate legal proceedings against you because of a default in the terms of this Agreement, you shall be liable to pay to us all legal costs (including costs on a solicitor and client basis), other costs, charges and expenses which we may incur in enforcing or seeking to enforce any of the provisions of this Agreement or in obtaining or seeking to obtain payment of all or any part of the monies owing by you. Your responsibility for fees and costs shall not exceed the maximum amount allowed by law.
Indemnity
You shall hold us harmless and indemnify us against any liability for loss, damage, costs and expenses (legal or otherwise including all costs on a solicitor and client basis) which we may incur by reason of any of the provisions herein or in the enforcement of our rights hereunder this Agreement.
You shall also hold us harmless and indemnify us against all costs (including taxes and service charges) that we may incur in the event that we initiate recovery proceedings in relation to any amount that is due and owing from you to us pursuant to this Agreement.
Service and/or Notification
You irrevocably consent to the service of any document, material, product material, notice or statement hereunder by ordinary post to your last known address in our records and such service shall on the 5th day after posting, be deemed to be good and sufficient service of such process or documents.
You hereby agree that if any action is begun in the courts in Malaysia in respect of this Agreement, the legal process and other documents may be served by posting the documents to you at your last known address in our records and such service shall on the 5th day after posting, be deemed to be good and sufficient service of such process or documents.
Any notice or other document to be given under this Agreement and all other communications by you to us with respect the legal process shall be in writing and may be given or sent by hand, or registered post to us at the address set out below:
By Mail or Hand To:
The General Manager
Siliconnet Technologies Sdn Bhd
LG12, Mall2
CityOne Megamall, Jalan Song
93350, Kuching Sarawak.
or to such other address as we may give notice to you from time to time.
Issues or complaints with respect to the Card
You may also contact us by sending us an in-app message in the Help section of the Mobile Application for any issues you may have regarding the Card or to lodge any complaints with respect to the Card or you may contact our customer service team via the contact details stated in the Mobile Application. In addition, you may also contact Bank Negara Malaysia via bnmtelelink@bnm.gov.my
Waiver
Our acceptance of any terms or payments or any waiver by us of our rights or any indulgence granted to you shall not operate to prevent us from enforcing any of our rights hereunder this Agreement nor shall such acceptance operate as consent to the modification of any of the terms of this Agreement in any respect nor shall such waiver of rights affect our other legal rights.
The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Assignment
We shall be entitled at any time without your consent assign the whole or any part of our rights or obligations under this Agreement with or without notice to you. This Agreement and/or Card shall not be assigned by you to any other third party without our written consent.
Successors Bound
This Agreement shall be binding upon and enure to the benefit of our respective successors in title and assigns provided that you may not assign your rights and obligations under this Agreement without our prior written consent.
Severability of Provisions
If any of the provisions of this Agreement becomes or is determined to be invalid, illegal or unenforceable in any respect under any law, rule or regulation, the remaining terms of this Agreement shall not be affected, and all other provisions of this Agreement will still be valid and enforceable and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement.
Governing Law and Jurisdiction
This Agreement is a contract made under the laws of Malaysia, and shall be governed by and construed in accordance with the laws of Malaysia. You consent and agree to submit to the exclusive jurisdiction of the Courts of Malaysia concerning all matters arising out of or in connection with your use of the Card under this Agreement.
Provision of Further Documents
You undertake to provide or execute such further documents as may be requested by us from time to time (if required).
Notification of Change
You should always ensure that you provide us with your most updated and current personal particulars and information, including your mailing and correspondence/permanent address, contact number, electronic mail address and other required details in order to ensure that your records with us are kept up to date, complete and accurate. If any information supplied by you changes during the course of your Card account with us, you should notify us immediately to enable us to update your information in our records.
You shall promptly notify us in writing of any change in your mailing, permanent, correspondence or office address, electronic mail address or contact number. Failure to do so may result in either your Card, information regarding the Card or your PIN being sent to the wrong person or wrong address, or your transactions being declined at point-of-sale (POS). If this happens, we shall not be responsible or held liable for any resulting unauthorized use or misuse of value on your Card.
Any notice given by us shall be deemed given to you if sent by electronic or postal mail to the last known mailing/correspondence address of you, the Cardholder as shown on our records. SPayGlobal UnionPay Card shall NOT accept any notification of addresses (business, office, residential or correspondence address) bearing a Post Box (“P.O. Box’) number.
Features and Benefits Renewable
In line with our commitment to upgrade the Card’s services and benefits we may review and revise any of the features and benefits appearing in our Mobile Application or Website or listed in any brochures or communication materials printed by us from time to time.
Use of the Website and Mobile Application Terms and Conditions and Privacy Notice
In addition to the foregoing terms and conditions, when you use our Website or the Mobile Application, the Terms of Use governing the Mobile Application and the Website (if any) and Privacy Notice shall apply in addition to and not in substitution for any terms and conditions contained in this Agreement.
Language
In the event of any inconsistencies between this Agreement and its translation in any other language, the English language version of this Agreement shall supersede and prevail over any other language.
8. DISPUTE RESOLUTION AND ARBITRATION. 8.1 The Parties shall use their best efforts to promptly and adequately resolve any dispute or difference which may arise between them in respect of these Terms and Conditions or the operation or construction thereof, or any matter in any way connected with this Agreement, or the rights, duties or liabilities of the Parties under or in connection with this Agreement through amicable consultations, conciliation or other agreed means. 8.2 Any dispute which cannot be settled amicably between the Parties within thirty (30) days from the date of the written notice by one Party to the other of the dispute shall be referred to an arbitrator in accordance with and subject to the provisions of the Arbitration Act, 1 952. The awards and findings of the arbitrator shall be final and binding on the Parties hereto. 8.3 Notwithstanding the above, the Parties herein may opt to commence civil proceedings in any courts in Malaysia 9. INTELLECTUAL PROPERTY RIGHTS 9.1 Nothing contained in this Agreement shall affect or shall be interpret
