The Services are made available by S PAY GLOBAL (formerly known as Sarawak Pay) to you at its sole and absolute discretion and by using the Services upon Activation including but not limited to, purchasing any product and/or services on the App, you unconditionally: –

(a) acknowledge that you have read and fully understood these Terms and Conditions and agree to be bound by these Terms and Conditions;

(b) give the consent to S PAY GLOBAL to use and process your personal information and data in accordance with SNT’s Privacy Policy which can be found at http://spayglobal.my

Any person that you allow to access the Service using your Account shall also be bound by these Terms and Conditions.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT CONTINUE WITH THE REGISTRATION PROCESS OR ACTIVATION OR THE USE OF THIS SERVICE(S).

This is an Agreement which outlines the terms and conditions for agreeing to be a User of S PAY GLOBAL operated by Siliconnet Technologies Sdn. Bhd (Co. No. 394813-H), a company incorporated in Malaysia having its registered address at LG 12, Lower Ground Floor, Mall 2, CityOne Megamall, Jalan Song, 93350 Kuching, Sarawak and a place of business at Siliconnet Technologies Sdn Bhd, F11 & F12, 1st Floor, Mall 2, CityOne Megamall, Jalan Song, 93350, Kuching, Sarawak, Malaysia (hereinafter referred to as “SNT”).

By accepting to be a User, you have agreed to be bound by this Agreement and by all governing laws, in particular but 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, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).

In this Terms and Conditions, "you" and "your" refer to S PAY GLOBAL User and “S PAY GLOBAL”, "SNT", "we", "us" and "our" refer collectively to Siliconnet Technologies Sdn. Bhd. (Company No. 394813-H).

Whereas:

SNT is a company who carries on a business, amongst other, as a payment service provider operating and facilitating an e-wallet system referred to as S PAY GLOBAL or such other product name as determined by SNT from time to time as a result of re-branding, which allows end customers to make electronic payments using S PAY GLOBAL for products or services bought from the Merchant.
You are desirous to use the e-wallet referred to as S PAY GLOBAL for the purpose of payment of the purchase of products or services in accordance with this Agreement.

Section 1

DEFINITIONS AND INTERPRETATION

1.1. Definitions

The following words and expressions shall mean as indicated, except where the context otherwise requires. Defined terms and words are, in general but not necessarily, signified in the Agreement by the use of capital initial letters.

“Account”

means your S PAY GLOBAL e-wallet account which is:

(a) linked to the telephone number of your Mobile Device;

(b) managed and supervised by S PAY GLOBAL; and

“Activation “or “Activated”

means when your Account has been activated for use;

“Annual Transaction Limit”

means the limit imposed on a relevant Transaction in any one (1) calendar year, which may be revised from time to time;

“App”

means the software application named as “S PAY GLOBAL App” or such other name as may be determined by S PAY GLOBAL from time to time which is available to be downloaded at Google Play or App Store;

“Authentication” or “Authenticated”

means a confirmation sent by you to S PAY GLOBAL authorising a particular transaction undertaken or transacted by you. Such authentication shall be in a manner as stipulated or determined by S PAY GLOBAL from time to time including but not limited to the key-in of your personal identification number;

“Available Balance”

means the available funds in the form of Electronic Money which can be used at any given time subject to the E-Wallet Limit;

“Cash-In/Top-Up”

means the topping up of the Electronic Money into your Account using such methods, including but not limited to via online banking or credit / debit cards linked to your S PAY GLOBAL Account;

“Cash Out/Withdrawal”

means the withdrawal of Electronic Money from your Account

“Charges”

has the meaning prescribed to it in Clause 4 hereunder;

“Daily Transaction Limit”

means the limit imposed on a relevant Transaction in any one (1) calendar day, which may be revised from time to time;

“Electronic Money”

electronic money associated with the App, a scheme for the issuance of electronic money (‘e-money’) as a designated payment instrument under the provisions of the Financial Services Act 2013;

“Electronic Money Transfer”

means a service which enables you to transfer Electronic Money from your Account to another user’s Account or to receive Electronic Money into your Account from another user’s Account;

“eKYC Verification”

means the electronic process to validate the identity of a user by verifying the personal details of a user;

“FAQ”

means frequently asked questions as made available in S PAY GLOBAL App.

“Intellectual Property Rights” (IPRs)

means all of the following:

a) trademarks (including trade dress), service marks, logos or trade names, whether registered or unregistered, together with the goodwill associated with any of the foregoing, and all registrations, renewals and applications for registration thereof;

b) those rights existing under the copyright laws for those works subject to the copyright laws and copyright registrations and applications for registration thereof, including all renewals and extensions thereof;

c) rights in trade secrets, confidential business information and other proprietary information (including concepts, ideas, designs, processes, procedures, techniques, technical information, specifications, operating and maintenance manuals, drawings, models, tools, algorithms, Software architectures, methods, know-how, technical data and databases, discoveries, inventions, research and development, formulas, modifications, extensions, improvements and other proprietary content;

d) rights in computer software programs, including but not limited to application software, system software, firmware, middleware and mobile digital applications, including all source code, object code, and documentation related thereto, in any and all forms and media;

e) rights in domain names, domain name registrations and web pages; and

f) all other intellectual property rights in any and all jurisdictions throughout the world.

“KYC”

means Know Your Customer process as determined by us from time to time.

“Mobile Device”

means a portable and wireless telecommunications device together with accessories including but not limited to smartphones and handheld tablets used by you to access and/or use the Service;

“Monthly Transaction Limit”

means the limit imposed on a relevant Transaction in any one (1) month, which may be revised from time to time;

“Partners”

means the business partners of S PAY GLOBAL who offer and sell its goods and services (including but not limited to prepaid mobile credit reload) on the App and/or S PAY GLOBAL website;

“Password and PIN”

means the password used to log into the App, the PIN, including biometric technology, that is used to authorize every payment from the wallet;

“Payment”

means the making of payment via S PAY GLOBAL and/or S PAY GLOBAL’s Merchants for the purchase of goods and services using Electronic Money by means of the App;

“Personal Data”

means the personal data as defined in the Personal Data Protection Act 2010.

“Refund Policy”

means the refund policy as set out in Section 20 hereof or may be determined from time to time by S PAY GLOBAL with respect to the Services;

“S PAY GLOBAL” or “we” or “us” or “our”

means the operator SiliconNet Technologies Sdn. Bhd (Co. No. 394813-H)

“S PAY GLOBAL Merchant”

means merchants who are registered with S PAY GLOBAL for the purpose of selling goods and/or services in exchange for Electronic Money by means of the App;

“Service(s)”

means types of services provided for by S PAY GLOBAL via the App which is set out in Clause 2 herein;

“SNT”

Means SiliconNet Technologies Sdn. Bhd (Co. No. 394813-H)

“Transaction”

means all transactions effected through the use of S PAY GLOBAL via the App, including but not limited to, the following:

(a) Payment;

(b) Cash In/Top-Up;

(d) Electronic Wallet Transfer; and

(e) Any other service as may be introduced by S PAY GLOBAL from time to time;

“User”

means any person holding a valid S PAY GLOBAL e-wallet and purchases Services or Products from the Merchant and makes payment for the same and/or uses any of the other S PAY GLOBAL e-wallet services.

“Wallet Limit”

means the maximum amount of funds that can be stored in your Account at any point in time depending on the type of your Account as approved by Bank Negara Malaysia. We reserve the right to revise the Wallet Limit in accordance with any instructions/ regulations/ rules prescribed by Bank Negara Malaysia;

1.2. Interpretation

(a) Reference to any rules, regulations, bye-laws and statute or statutory provision includes a reference to that rules, regulations, bye-laws and statutory provisions as from time to time amended, extended or re-enacted

(b) Nothing contained in this Agreement shall be construed or have effect as constituting any relationship of employer and employee or partnership between the parties

(c) Words importing the singular include the plural, word importing any gender include every gender, and words importing persons include bodies corporate and unincorporated, and (in each case) vice versa

(d) References to Clauses and other provisions are references to Clauses and other provisions of this Agreement and any reference to a sub-provision of the provision in which the reference appears

(e) All warranties, representations, indemnities, covenants, agreements and obligations given or entered into by more than one person are given or entered into jointly and severally unless specified

(f) The clause headings shall not be considered part of the Agreement and shall not be taken into account in the interpretation of any clause.

(g) Where any word or expression is defined in this Agreement, the definition shall extend to all grammatical variations and cognate expressions of the word expression so defined.

Section 2

USE OF SERVICES

2.1 To use the Services, you are required to register as a S PAY GLOBAL User by providing the requested information including but not limited to your name as per identity card, preferred name, password, your mobile phone number or other similar identification properties. You shall only be entitled to have one (1) Account. You are required to register your Account on your own mobile device. For avoidance of doubt, each mobile number and email address can only be used for one (1) Account. The Account shall be linked to only one mobile device. Changes of the mobile device may be made by the user not more than one (1) time per month.

2.2 By registering for an S PAY GLOBAL, you warrant and represent that:

(a) You are eighteen (18) years of age or above.

(b) If you are below eighteen (18) years (“Minor”), you must have obtained consent from your parent or a legal guardian prior to registration. Notwithstanding the foregoing, your parent or legal guardian shall be wholly responsible for the Minor’s use of the S PAY GLOBAL App and/or the Service.

(c) If you are a parent/legal guardian and would like to remove access to the Services of a user who is a Minor, please email user@spayglobal.com.my and provide us with the relevant details.

2.3 S PAY GLOBAL shall have the sole and absolute discretion whether or not to provide you with the Services herein.

2.4 The Services can only be used upon successful activation of your S PAY GLOBAL Account. The activation of your Account shall be taken as your acceptance of the terms and conditions as contained herein. Your use of the App and the Service shall be strictly in accordance with these Terms and Conditions.

2.5 This Services can only be used via a Mobile Device. Usage of this Services is strictly for your own personal use only. S PAY GLOBAL shall treat any instructions, confirmation and/or communication sent from your Mobile Device to be deemed to have been sent and/or issued by you irrespective of whether such instructions, confirmations and/or communications 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 once the said transaction has been Authenticated irrespective of whether the transactions is undertaken and/or transacted by you unless it can be established that such transactions was erroneously transacted due to an error on S PAY GLOBAL’s part.

2.6 Any request to reverse any wrongful Transactions which was authenticated through the Transaction PIN Number/Biometric technology and Mobile Device / mobile number registered for the Account shall not be allowed by S PAY GLOBAL.

2.7 Any information, instructions and/or confirmation sent from the Mobile Device via the Account shall be deemed by us to have been issued by you notwithstanding that such information, instructions and/or confirmation may have been issued by a third party, whether authorised or otherwise. In such circumstances, it shall be deemed by S PAY GLOBAL that the Services has been accessed legitimately and the transactions conducted are valid.

2.8 These are the Services which is made available for you via the App (hereinafter referred to as the “Transactions”):

(a) Payment;

(b) Cash-In/Top-Up,

(d) Electronic Money Transfer; and

(e) Any other service as may be introduced by us from time to time.

All the aforementioned transactions by you shall only be undertaken and/or transacted with Electronic Money save and except for Cash-In/Top-Up.

2.9 The Services may also allow you to purchase products and/or services from third parties other than S PAY GLOBAL 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 S PAY GLOBAL 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. S PAY GLOBAL shall not be responsible for the refusal of any merchant to honour or accept your purchases or payment made through the use of 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.

2.10 In using the App and the Services:

(a) Upon linking a credit card to your S PAY GLOBAL account, you shall be solely responsible for all top-ups done by you;

(b) Should there be any claims, chargebacks, or reverse payment for transactions made via S PAY GLOBAL, including credit card transactions made through a financial institution, S PAY GLOBAL shall reserve the right to:-

(i) determine the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to S PAY GLOBAL; or

(ii) clawback the amount from your e-Wallet or by any other way it deems fit in its sole discretion;

(c) For claims, chargebacks or a reversal of payment for credit card transactions made through a debit/credit card issuer, you shall be responsible to resolve any disputes with the debit/credit card issuer on your own;

(d) You have given S PAY GLOBAL the due authorization to deduct the 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;

(e) Your use of the Service is subject to the Wallet Limit and the Transaction Limit applicable to your Account. This qualification includes but is not limited to you being restricted and/or prohibited from performing a Cash In/Top-Up transaction or receiving an Electronic Money Transfer whereby the total amount in your Account shall exceed your Wallet Limit; and

(f) You are to ensure that there shall be sufficient Available Balance in your Account before using the Service and that the total cost of the transaction (including any taxes and other applicable fees or charges) shall be covered failing which S PAY GLOBAL shall reserve the right to block, reject or decline the transaction to be transacted through your Account;

2.11 Notwithstanding anything to the contrary, we reserve the right to block or decline any transaction at our sole and absolute discretion without assigning any reason thereto.

2.12 You may terminate the Service at any time by deleting your account on the App.

Section 3

WALLET TYPE, WALLET LIMIT AND FUNCTIONALITY

Basic Wallet:

3.1 Wallet Limit is Ringgit Malaysia Five Hundred Only (RM500).

3.2 Top Up, Payments and Electronic Money Transfers are subject to the applicable Wallet Limit, Top Up Limit and Transaction Limit. Please refer to User's FAQ > Managing Your e-Wallet > SPayGlobal Wallet Types and Usage Conditions for the details.

3.3 Basic wallet users are not allowed to performed Cash Out/Withdrawal. Users contravening this prohibition shall have their SPayGlobal account suspended without notice.

3.4 To register as a user of the Basic Wallet, a potential user is required to produce his/her basic identification documents and/or information. Notwithstanding this, S PAY GLOBAL shall have the right to require for further documents as it deems fit in order for us to determine the user’s application. All potential users for the Basic Wallet shall be screened by us and the approval of the application shall be at our sole and absolute discretion.

3.5 Non-Malaysians are allowed to register as a user of the Basic Wallet.

Premium Wallet:

3.6 Wallet Limit is Ringgit Malaysia Three Thousand Only (RM3,000).

3.7 Top Up, Payments and Electronic Money Transfers are subject to the applicable Wallet Limit, Top Up Limit and Transaction Limit. Please refer to User's FAQ > Managing Your e-Wallet > SPayGlobal Wallet Types and Usage Conditions for the details.

3.8 Premium wallet users are not allowed to performed Cash Out/Withdrawal.

3.9 To subscribe for the Premium Wallet you must submit your mobile number, name as per ID, preferred name, email address, ID number or if necessary, ID documentation. Notwithstanding this, S PAY GLOBAL shall have the right to require for further documents as it deems fit in order for us to determine the user’s application. These information and/or documents will be subject to the KYC process in order to ensure compliance with all relevant legislation and regulations. We reserve all rights to refuse, reject and/or decline your application at our sole and absolute discretion without assigning any reasons whatsoever, and our decision shall be final and conclusive.

3.10 Only Malaysians can register as a Premium Wallet user.

3.11 You may also register as a S PAY GLOBAL Personal Merchant subject to the S PAY GLOBAL Business Terms & Conditions.

Platinum Wallet:

3.12 Wallet Limit is Ringgit Malaysia Six Thousand Only (RM6,000).

3.13 Top Up, Payments and Electronic Money Transfers are subject to the applicable Wallet Limit, Top Up Limit and Transaction Limit. Please refer to User's FAQ > Managing Your e-Wallet > SPayGlobal Wallet Types and Usage Conditions for the details.

3.14 Cash Out/Withdrawals can only be made for the credit of the user’s own bank account or in the form of cash at a BSN Ejen Bank.

3.15 Cash out/Withdrawal is not permitted for funds topped up via cards. Users contravening this prohibition shall have their SPay Global account suspended without notice.

3.16 You may upgrade your Premium Wallet to Platinum Wallet by successfully completing the eKYC Verification process, completing personal information required in the App and your Account is active for the last 3 months. Notwithstanding this, S PAY GLOBAL shall have the right to require for further documents as it deems fit in order for us to determine the user’s application. These information and/or documents will be subject to the KYC process in order to ensure compliance with all relevant legislation and regulations. We reserve all rights to refuse, reject and/or decline your application at our sole and absolute discretion without assigning any reasons whatsoever, and our decision shall be final and conclusive.

3.17 The mobile device Android/iOS operating system version must meet the minimum version allowed in order to be a Platinum wallet user.

3.18 Only Malaysians can upgrade as a Platinum Wallet user.

3.19 The imposition of the Wallet limit and Daily, Monthly and Annual Transaction limit is to avoid any fraudulent, illegal or unlawful transactions including but not limited to breaches of regulation and guidelines under the Financial Services Act 2013 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

3.20 You hereby undertake that any and all Cash-In/Top-Up shall be from (1) your own personal source of funds or you have all legal authority and permission to use those funds, and (2) such funds are not illegal.

3.21 Payments made to certain merchants are restricted to funds top up from Savings account only. Any user account which is found to have made payments to restricted merchants from card top ups is deemed to be in violation of this clause. The said user account shall be suspended without prior notice to facilitate further investigation.

Section 4

CHARGES

Description	Charges
Cash Out/Withdrawal from your e-wallet	RM1.00 per withdrawal
Cash In/Top-up via Credit Card or Debit Card	Waived until further notice
UnionPay Virtual Card Application/Cancellation/Renewal	Waived until further notice
UnionPay Virtual Card Usage (Within Malaysia)	No Charge until further notice
UnionPay Virtual Card Usage (International Transaction)	0.5% Charge on transaction amount, or RM0.20, whichever is higher.
PTPTN Loan Repayments	RM0.80 per payment transaction

Table : Charges Overview

4.1 S PAY GLOBAL shall reserve the right to impose or revise any charges, fees or subscriptions for the use of certain Services (“Charges”), if such Charges are required. Some Services may be chargeable as indicated on the App and in any accordance with the Terms and Conditions.

4.2 S PAY GLOBAL will charge you a fee when you make a Cash out/Withdrawal from your e-wallet. The charge shall be RM1.00 for each transaction requested.

4.3 S PAY GLOBAL will charge you a convenience fee when you make a Cash In/Top-Up via Credit Card or Debit Card into your e-wallet. The charge shall be 2% of the Top-Up amount for each transaction requested with effect from 1.7.2019. The rate of the convenience fee may be revised by S PAY GLOBAL at its sole discretion. Update: Effective 17.12.2019, the convenience fee is waived until further notice.

4.4 The Charges incurred shall be paid by deducting on top of the amount requested from Withdrawal/Top-Up into your bank of choice/credit or debit card.

4.5 If any supply made under these Terms and Conditions is chargeable with tax (including but not limited to the Sales and Services Tax (“SST”), then S PAY GLOBAL shall reserve the right to levy the tax at the prescribed rate and you shall agree to pay the tax chargeable therein.

4.6 You shall be fully responsible and liable for all charges and payment due to your communications services provider when you access the App and the Services including but not limited to telephone charges and internet/data charges.

4.7 S PAY GLOBAL shall not be liable for any fees raised by third parties including, but not limited to, card issuers or banks, for the usage of our Services. S PAY GLOBAL shall reserve the right to decline acceptance of payment instruments, such as credit cards, debit cards or bank accounts, as funding methods at our sole discretion.

Section 5

CONFIDENTIAL DUTY

It shall be your sole responsibility to keep your account details, username and transaction PIN Number confidential. You shall not disclose your username and transaction PIN Number to any person. Should you key in the wrong PIN Number more than three (3) times, this would cause your Account to be blocked and any Transactions made shall be thereafter suspended by S PAY GLOBAL. In such circumstances, please contact us at S PAY GLOBAL Customer Service: 082-22 45 99 | Email: customerservice@spayglobal.my for your Account reactivation. It shall be your sole responsibility for any liability, claims, loss and/ damages arising from any use and misuse of your Account, transaction PIN Number and all activities that occur under your Account.

Section 6

THIRD PARTY SERVICES

S PAY GLOBAL may engage third party service providers to enable Cash In/Top Up or Cash Out/Withdrawal transactions. In such circumstances, S PAY GLOBAL shall reserve the right to reject your request for Cash In/Top Up or Cash Out/Withdrawal transactions, where and when available, for any reason whatsoever, including but not limited to security reasons or as advised by our third party service providers.

Section 7

WARRANTY, REPRESENTATION, UNDERTAKING & ACKNOWLEDGEMENT

7.1 S PAY GLOBAL shall 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. Such compatibility shall always be your sole responsibility at all times and S PAY GLOBAL 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.

7.2 You hereby give S PAY GLOBAL the warranty and guarantee that any information and/or personal data provided by you is true, accurate, current or complete. S PAY GLOBAL shall have the right to immediately terminate your account and refuse any and all current or future use of the Services or access to the App in the event of breach of this warranty as stated in Clause 7.1.

7.3 You hereby acknowledge that S PAY GLOBAL is unable to exercise control over the security or subject matter passing over the Telecommunication Provider’s Network, the App or via the Services, and S PAY GLOBAL hereby excludes all liability of any kind for the transmission or reception of infringing any subject matter of whatever nature.

Section 8

TRANSACTION HISTORY

All records of the transactions which has been authenticated through the transaction PIN Number, Biometric technology and Mobile Device number registered for the Account shall be binding and conclusive evidence of your Transactions. Any information, instructions and/or confirmation sent from the Mobile Device via the Account shall be deemed to have been issued by you notwithstanding that such information, instructions and/or confirmation may have been issued by a third party, whether authorised or otherwise, S PAY GLOBAL shall deem that the Services has been accessed legitimately and the Transactions conducted shall be valid. S PAY GLOBAL shall not entertain any request to reverse any wrongful Transactions authenticated through the Transaction PIN Number and Mobile Device / mobile number registered for the Account.

Section 9

YOUR OBLIGATIONS

9.1 You shall:

Ensure that your login name, password, personal information and PIN for your Account shall be kept safely and confidential at all times.

(a) Take all necessary steps to prevent the disclosure of your Password and PIN;

(b) Ensure that the transaction amount in any transaction is correct.

(c) Ensure that all the details of the Transaction are correct before making any authorization or authentication while using the Services.

(d) Ensure that all information and personal data furnished to S PAY GLOBAL are true, accurate, updated and complete during the Services. Should there be any changes to the same, you shall make the necessary updates with S PAY GLOBAL as soon as possible. In the event of the User’s failure to keep S PAY GLOBAL updated on the changes at the soonest reasonable time, S PAY GLOBAL shall not be liable for any damages, claims or loss arising due to such failure.

(e) Ensure your App is up to date. The Services and in particular, Charges are periodically updated and you should check the App and the Services regularly to ensure that you have the latest information. You should also ensure that you download the most up to date version of the App and the Services.

(f) Be in compliance with all notice or instructions given by S PAY GLOBAL from time to time in relation to the use of the Service and App;

(g) Be responsible for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service and App;

(h) Be responsible and liable for all usage of and all payment of the fees, charges, taxes and duties for using the Services including but not limited to payment of all fee, charges, taxes and duties for the purchase of products and/or services to S PAY GLOBAL and third parties including S PAY GLOBAL’s Merchants in a timely manner;

(i) Be responsible for any and all data, information, instructions and/or confirmation transmitted or broadcasted from your Mobile Device whether by you or any other person whether authorized or otherwise.

(j) Be in compliance with all applicable laws of Malaysia relating to the Services, including but without limitation to the Communication and Multimedia Act 1998, Financial Services Act 2012, Anti Money Laundering Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and their respective subsidiary legislation, which may be amended from time to time;

(k) Cease to utilise the Service or any part thereof for such period of time when required to do so by S PAY GLOBAL;

(l) Inform S PAY GLOBAL immediately on the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to the Mobile Device and its usage. In such circumstances, you shall lodge a police report when so instructed by S PAY GLOBAL and a certified copy of such report shall be forwarded to S PAY GLOBAL;

(m) Use the Services according to the purposes as set forth herein and in a lawful manner.

(n) Keep S PAY GLOBAL fully indemnified against any loss, damage, liability, cost or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorised use or exploitation of the Services or part thereof.

(o) Provide S PAY GLOBAL with additional information or documentation at any time and for any reason(s), including but not limited to confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with S PAY GLOBAL when this is requested by them. Failure to provide such information and/or documentation promptly may cause S PAY GLOBAL to, without any liability to you, either limit your use of the Services or suspend or close your Account.

(p) Download and install the S PAY GLOBAL app from the Google Playstore and/or Apple iOS store from the official S PAY GLOBAL account. Any downloads and installation of the S PAY GLOBAL app which is not done via the Google Playstore and/or Apple iOS store shall be deemed unlawful and S PAY GLOBAL shall not be liable for any actions thereafter made by you.

9.2 You shall not:

(a) Cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person when using the Services and/or App;

(b) Commit acts of dishonesty, fraud or illegality when using the Services;

(d) Use the Services and/or the App for any purpose which is against public interest, public order or national harmony;

(e) Use, permit or cause to be used the Service and/or App in an improper manner or for any activities which breach any laws, infringement of third party’s rights, or breach of any directives, content requirements or codes as prescribed by any relevant authority including activities which will cause S PAY GLOBAL to take remedial action under any applicable industry code or in a way interferes with other users or defames, harasses, menaces, restricts or inhibits any other user from using or enjoying the Service or the internet;

(f) Commit any act of “cracking” or “hacking” nor interfere with the Service to any user, host or network (referred to as “denial of service attacks”), or “page-jacking” in order to mislead other users, or use the App or the Services for any other unlawful or objectionable conduct. Such act is a violation to the systems or network security and will incur criminal or civil liability to the User.

(g) Attempt to probe, scan or test the vulnerability of any of S PAY GLOBAL system or network or breach any security or authentication measures;

(h) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by S PAY GLOBAL or any of the service providers or any other third party (including other users) appointed by S PAY GLOBAL to protect our ability to provide the Service;

(i) Attempt to download the App for the use of the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other approved third party web browsers;

(j) Copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer and/or otherwise make available any of the Services or any information obtained by you while using the Services or while accessing the App;

(k) Remove, change and/or obscure in any way anything on the App and/or the Services or otherwise use any material obtained whilst using the App and/or the Services except as set out in the Terms and Conditions;

(l) Copy or use any material from the App and/or the Services for any commercial purpose, remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material, or from any material copied or printed off from the App, or obtained as a result of the Services.

(m) Use any of our trademarks, logo, URL or product name without S PAY GLOBAL’s express written consent;

(n) Use any of the trademarks, logo, URL or product name contained in the S PAY GLOBAL App;

(o) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service, impersonate or misrepresent your affiliation with any person or entity.

(p) Attempt to receive funds from both S PAY GLOBAL and a S PAY GLOBAL Merchant or other third party seller for the same transaction by submitting similar claims;

(q) Use an anonymous proxy while registering an Account;

(r) Control an Account that is linked in any way to another account that has or suspected to be engaged in any restricted activities under these Terms and Conditions;

(s) Interfere with another User from enjoying and/or utilizing the App or Services;

(t) Manipulate or exploit our promotional campaigns/ activities or other Services in anyway which to S PAY GLOBAL may be deemed as inappropriate, irregular or dishonest;

(u) Use the Services for, or in relation to, any illegal purpose or criminal activity of any nature; and

(v) Use the Services dishonestly or in bad faith or with malicious intent.

(w) Use your own SPayGlobal account to conduct payment transactions on behalf of other person(s) and/or business entity(es).

Section 10

PERSONAL DATA

10.1 By using the Services, you have agreed to give S PAY GLOBAL, its partners, agents or vendors the consent to process or access your personal data pursuant to the Personal Data Protection Act 2010. Failure to provide S PAY GLOBAL, its partners, agents, vendors or S PAY GLOBAL’s Merchants with your personal data may affect S PAY GLOBAL from providing you with the Services. In such circumstances, S PAY GLOBAL shall not be liable for any loss, claims or damages arising from not being able to use the Services due to your failure to provide the personal data as required by them.

10.2 S PAY GLOBAL shall ensure that your personal data shall only be used for the purpose of the Services.

10.3 Should you wishes to withdraw the consent given to S PAY GLOBAL in respect of the use of personal data, you shall then notify S PAY GLOBAL of the same. In such circumstances, S PAY GLOBAL shall have the right, without any liability to you, to either limit your use of the Services or suspend or close your Account.

10.4 You can view S PAY GLOBAL’s Privacy Notice at S PAY GLOBAL website in order to understand your rights in respect of your personal data.

10.5 S PAY GLOBAL shall have the right to furnish any details or personal data or any other data from you for the following purpose:

(a) When required to be produced for the purpose of court proceeding; and

(b) When there is a suspicion or misuse of the Services.

Section 11

S PAY GLOBAL’S RIGHTS

11.1 S PAY GLOBAL shall reserve the right to make any variation or changes to the Services, or any part thereof, or suspend or terminate the Services or any part thereof without prior notice to you and S PAY GLOBAL shall not be liable for any loss or inconvenience to you resulting therefrom.

11.2 S PAY GLOBAL shall have the right and absolute discretion to vary, add or otherwise amend these Terms and Conditions from time to time SUBJECT ALWAYS to Clause 19.6 hereof.

11.3 S PAY GLOBAL shall have the right to send you notifications relating to promotional and marketing activities from time to time. You may request from S PAY GLOBAL to stop sending these notifications by unsubscribing via email or contacting our customer service at S PAY GLOBAL’s website.

11.4 S PAY GLOBAL may run campaigns/contest or promotions in relation to the Services as may be notified to you from time to time. By participating in such campaign/contest/promotion, you agree that you shall be subjected to the specific terms and conditions of such campaign/contest/promotion.

Section 12

PROCESSING INSTRUCTIONS

12.1 Instructions to S PAY GLOBAL are processed as follows:

(a) In App: You may make a request for customer service from the App, where available;

(b) Social Media: You may send/ post a message on our S PAY GLOBAL social media pages; and

12.2 You request and authorise S PAY GLOBAL to rely and act upon all apparently valid communications as instructions properly authorised by you, even if they may conflict with any other instructions given at any time concerning bill or service requirements.

12.3 An instruction will only be accepted by S PAY GLOBAL if you have passed through certain security criteria as determined by us from time to time.

12.4 You agree that S PAY GLOBAL may act on any instructions given to them even if these instructions were not authorised by you.

12.5 S PAY GLOBAL will make reasonable efforts to process any instruction where you request S PAY GLOBAL to do so, but S PAY GLOBAL shall not be liable for any failure to comply with such a request unless it is due to their failure to make reasonable efforts to do so.

12.6 You must make sure that any instruction given to S PAY GLOBAL is accurate and complete, and S PAY GLOBAL shall not liable for any such instructions which is found to be inaccurate, incomplete or vague.

12.7 A transaction being carried out is not always simultaneous with an instruction being given. Some matters may take time to process and certain instructions may only be processed during normal working hours, even though the service may be accessible outside such hours.

12.8 You shall be responsible for all losses and payments (including the amount of any transaction carried out without your authority) if you have acted with gross negligence so as to facilitate that unauthorised transaction, or you have acted fraudulently. For the purposes of this Clause, gross negligence shall be deemed to include failure to observe any of your security duties referred to in the Terms and Conditions.

12.9 If S PAY GLOBAL reasonably believes that a transaction has been made fraudulently, illegal or in breach of these Terms and Conditions, S PAY GLOBAL shall have the right to deduct from your e-wallet such transaction amount.

Section 13

INTELLECTUAL PROPERTY RIGHTS (IPRs)

13.1 The IPRs which are capable of being protected and/or enforced in Malaysia and/or any relevant country of the world, any brand names, trademarks, services, products, hardware and software shall remain vested in the party originating or which has acquired the same. For clarity purposes, all IPRs used on the App and/or the Services are the property of S PAY GLOBAL and its licensors and/or unless specified otherwise.

13.2 You acknowledge and agree that the Services and the App are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and rights expressed are reserved therein.

13.3 You shall only use the App and the Services in accordance with the Terms and Conditions. Nothing on the App and/or the Services shall be construed as conferring any license or transfer of rights to you of any IPR or other proprietary rights of S PAY GLOBAL.

Section 14

DISCLAIMER

14.1 The App and the Service are provided on an “as is” and “as available” basis.

14.2 Except as expressly set out in these Terms & Conditions, all representations, conditions and warranties (whether express or implied, statutory or otherwise) including but not limited to the availability, accessibility, timeliness and uninterrupted use of the App and Service; sequence, accuracy, completeness, timeliness or the security of any data or information provided to you as part of the Service; any implied warranty of merchantability; any implied warranty of fitness for a particular purpose; any implied warranty of non-infringement; and any implied warranty arising out of the course of dealing, custom or usage of trade with respect to the Service provided by S PAY GLOBAL are expressly negative and excluded. The representations, conditions and warranties set forth in this Agreement with respect to the Services and App are the only representations, conditions and warranties made by S PAY GLOBAL and will not be enlarged or diminished without S PAY GLOBAL’s prior written approval.

Section 15

ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS OF UNLAWFUL ACTIVITIES 2001 (AMLA) & FINANCIAL SERVICES ACT 2013 (FSA)

15.1 S PAY GLOBAL acknowledges that the document or information furnished by you to us in relation to your affair or account as a customer of S PAY GLOBAL shall only be used for and/or its disclosure shall be in accordance with the secrecy provisions under the Financial Services Act 2013 (FSA).

15.2 S PAY GLOBAL and its officers shall comply in all material respects with all the applicable laws, rules, regulations, guidelines and policies relating to AMLA.

15.3 Without limiting the generality of the foregoing, to the extent required by the AMLA. S PAY GLOBAL shall:

(a) maintain an anti-money laundering and anti-terrorism financing compliance program that is in compliance, in all material respects, with the AMLA.,

(b) conduct, in all material respects, the due diligence required under the AMLA in connection with the use of the Services and/or Account, including with respect to the origin of the funds used by you to reload into the Account; and

(c) maintain sufficient information to identify you for the purposes of such compliance, in all material respects, with the AMLA.

15.4 In the event your Account is terminated or suspended by S PAY GLOBAL 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 AMLA or any regulation and/or guidelines made thereunder), you shall not be entitled to obtain any refund of the monies and all Cash in/Top-Up monies whatsoever in the Account and it shall be lawful for S PAY GLOBAL to retain for an indefinite period or release to the relevant authorities all monies in the Account 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 from S PAY GLOBAL.

Section 16

S PAY GLOBAL’S LIABILITY AND LIABILITY FOR SERVICES

16.1 S PAY GLOBAL shall not be liable for any liability, loss, damages, cost and/or expenses (whether direct or indirect), or for loss of revenue, loss of business, loss of profits or any consequential or indirect loss whatsoever as a result of your use and/or misuse of the Service.

16.2 S PAY GLOBAL shall not be liable for any liability, loss, damages, cost and/or expenses (whether direct or indirect), or for loss of revenue, loss of business, loss of profits or any consequential or indirect loss whatsoever as a result of any wrongful Transactions which was authenticated through the Transaction PIN Number, Biometric technology and Mobile Device / mobile number registered under your Account.

16.3 The App may contain links to website, web pages operated by third parties and you agree that your use of each website, webpage and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services of these third parties. You shall comply with the said terms and conditions and fully indemnify and hold S PAY GLOBAL harmless from and against any claim resulting from your breach of any of the said terms and conditions.

16.4 S PAY GLOBAL shall assume no responsibility for and does not endorse unless expressly stated, created or published by third parties that is included in the App and the Services or which may be linked to and from the App.

16.5 The App and/or the Services may be used by you to link into other applications, websites, resources and/or networks worldwide. S PAY GLOBAL accepts no responsibility for the services, and you agree to conform to the acceptable use or policies of such website, resources and/or networks.

16.6 Notwithstanding anything to the contrary contained herein, the maximum liability of S PAY GLOBAL shall not exceed an amount equivalent to the aggregate sum of the Available Balance of your Account as at the date on which your claim arises.

Section 17

EXCLUSION OF LIABILITY

17.1 S PAY GLOBAL shall not be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of, or in connection with the performance of, or use of Services available on the App and in particular, but without limitation to the foregoing, S PAY GLOBAL specifically excludes all liability whatsoever in respect of any loss arising as a result of:

(a) use which you make of the App and the Services, or reliance on Services, or any loss of any Services resulting from delays, non-deliveries, missed deliveries, or service interruptions; and

(b) defects that may exist for any costs, loss of profits, or consequential losses arising from your use of, or inability to use or access, or a failure, suspension or withdrawal of all or part of the App and the Services at any time.

17.2 All conditions or warranties that may be implied or incorporated into the Terms and Conditions by law, or otherwise are hereby expressly excluded to the extent permitted by law.

17.3 In the event that you are not satisfied with the Services provided through the App, you can choose to discontinue with the Services.

17.4 S PAY GLOBAL makes every effort to ensure the security of your communications. However, there may be a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient by reasons which is beyond our control. For example, your communications may pass over to third party networks in circumstances which we have no control. The internet is not a secure environment. Unwanted programs or materials may be downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorised, possibly, without any knowledge to yourself.

17.5 In the event that there is a judgment(s) awarded against S PAY GLOBAL or any legal action made against S PAY GLOBAL arising from the above claims, you shall defend, pay for all costs, damages, awards, fees (including any reasonable legal fees) and shall provide S PAY GLOBAL with the requisite notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at your sole expense.

Section 18

DISPUTED TRANSACTION

18.1 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. Should it be found through our investigation that the disputed transaction was indeed an error made by us, we will refund the disputed sum in the manner as stated in our Refund Policy.

18.2 In the event that S PAY GLOBAL is to carry out an investigation in such circumstances, you agree and give the consent to S PAY GLOBAL and/or its employees, personnel and advisors for the use 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 Terms and Conditions. You further agree that in the event of a dispute or claim of any nature arising in respect of any such 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.

18.3 You shall be fully responsible for all products and services purchased made by you through your Account or anytime when you authorize and authenticate the amounts to be deducted from your Account. At all material times, it shall be your responsibility to ensure that the amount transacted is correct.

Section 19

TERMINATION & SUSPENSION

19.1 If S PAY GLOBAL has the reasonable suspicion that you may have engaged in any of the restricted activities as set out in Section 9 above or may be in breach of any of the representations, warranties, Terms and Conditions, we may, without any liability to you, take the following action(s) as we deem necessary:

(a) report any suspicious or illegal activity to the relevant authorities;

(b) cancel or refuse any Transactions;

(c) suspend or close your Account or terminate this Terms & Conditions and/or the Services or part thereof provided to you;

(d) withhold/ forfeit/ withdraw any cash back/ monies/ reward which may release/ have released to you pursuant to any promotion campaigns/ activities/ refund process;

(e) apply, at our sole discretion, prevention and detection procedures and refuse the execution of your Transactions; or

(f) take further steps as, in our reasonable discretion, may deem necessary, including taking legal action against you.

19.2 S PAY GLOBAL shall not be prejudiced in any way to exercise their right to terminate this Terms & Conditions despite the suspension of the Services with respect to a particular breach made by you.

19.3 Notwithstanding anything to the contrary, S PAY GLOBAL may at any time, for any reason whatsoever and without any liability to you:

(a) Suspend the Services or part thereof provided to you; and/or

(b) Terminate this Agreement and/or the Services or part thereof provided to you, by giving written notice to you.

19.4 If S PAY GLOBAL terminates or suspends the Service or any part thereof pursuant to Clause 19.1, S PAY GLOBAL shall not be under the obligation to refund the Available Balance (if any) until and unless clearance has been obtained from the relevant authorities, if applicable.

19.5 If you do not log in to your Account for more than six (6) months, and there are no funds remaining in your Account, S PAY GLOBAL may in its discretion treat your account as dormant and may suspend your Account accordingly. If your account is so suspended, you should contact S PAY GLOBAL’s customer support team to reactivate your Account. Notwithstanding this, S PAY GLOBAL will only reactivate your Account at its sole discretion and subject to S PAY GLOBAL’s prevailing policies and procedures.

19.6 In the event of the suspension of your Account and/or Services and you thereafter has made a request for reactivation of the same, S PAY GLOBAL may at its absolute discretion reactivate the Account and/or Services subject to any requirements as may be determined by S PAY GLOBAL. In such circumstances, you agree that S PAY GLOBAL shall not be liable to you in relation to any inability of yours to access your Account or the Services or any part thereof.

19.7 You are able to request for your account to be suspended or make an in app request to the S PAY GLOBAL’s customer service team via the S PAY GLOBAL website. In order to this, further validation will be required to authenticate you as the user.

19.8 Notwithstanding the termination of this Terms & Conditions for any reason, this shall not release You from any liability which, at the time of such termination, has already accrued to S PAY GLOBAL or which is attributable to a period prior to such termination nor shall it preclude S PAY GLOBAL from pursuing any rights and remedies it may have hereunder or at law or in equity with respect to any breach of this Agreement.

19.9 Without prejudice to any other rights or remedies which S PAY GLOBAL may possess, S PAY GLOBAL shall have the right to terminate this Agreement without any liability owing to you, in the event of the following:

(a) If you commit an act of bankruptcy, or

(b) S PAY GLOBAL becomes insolvent or compounds with or makes arrangement with their creditors;

Section 20

REFUND POLICY

20.1 If you need a refund in respect of any fees or payments made towards the Service or any part thereof, please contact S PAY GLOBAL at S PAY GLOBAL Call Centre: (082- 22 45 99) | Email: customerservice@spayglobal.my Such refund shall only be subject to S PAY GLOBAL’s satisfaction that your money has been wrongly deducted from your Account for Payment by S PAY GLOBAL due to the following:

(a) Our technical error when your attempted Transaction does not go through; or

(b) The services purchased in the App was not made available.

20.2 Notwithstanding the above, such refund can only be made with regards to the transaction as follows:

(a) Cash In/Top-Up; or

(b) Payment.

20.3 S PAY GLOBAL shall not be responsible to settle any dispute that you may have with merchant for the purchased of goods and services using the Services. You shall be responsible to contact the respective merchants for a refund for products or services purchased from the merchants. We shall not liable any disputes that you may have with the Merchant and you hereby agree to pay us all Fees and Charges and the merchant for the value of the transaction, notwithstanding any dispute.

20.4 In the event of your termination of the Services and you are entitled to a refund, the sum shall be credited to a Bank Account as nominated by you. In such circumstances, you shall provide all the necessary information and documents for the purpose of refund to S PAY GLOBAL upon our request.

20.5 S PAY GLOBAL shall reserve the right not to make any refund for any disputed amount to you if it is in our believe that you have acted in a manner which is contrary to these Term and Conditions.

20.6 In the event the Service or your Account is ceased, terminated or suspended by S PAY GLOBAL due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA) 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 us to retain for an indefinite period or to release to the relevant authorities the Available Balance in accordance with applicable legislation, regulation and/or guidelines. In such circumstances, you shall not be entitled to claim from S PAY GLOBAL for any form of compensation for any loss arising therefrom.

Section 21

INDEMNITY

You hereby agree to fully indemnify and to hold S PAY GLOBAL harmless from and against any claim brought by a third party resulting from the use of the App and the Services in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered, or incurred directly or indirectly by S PAY GLOBAL in consequence of and/or in connection with the use of the App and the Services, and your breach of any of the Terms and Conditions herein.

Section 22

FORCE MAJEURE

22.1 Without limiting the generality of any provision in these Terms and Conditions, S PAY GLOBAL shall not be liable for any non-performance and/or delay in performance of its obligations herein (including but not limited to the non-availability and/or interruption in the Services) due to any acts of God, force majeure, riots and civil commotions, strikes, lockouts, or other labour disturbances, fire, war and other causes or perils beyond the party's control.

22.2 Notwithstanding Clause 22.1 above, you shall remain liable to S PAY GLOBAL for all fees and charges which are outstanding and/or due and payable to them.

Section 23

CUSTOMER SERVICE

23.1 You may address your queries or complaints in relation to the Service or App via call or email at S PAY GLOBAL Customer Service: (082-22 45 99) Email customerservice@spayglobal.my

23.2 If the reply to your query or complaint is not satisfactory to you, you may contact the following bodies:

Bank Negara Malaysia

Laman Informasi Nasihat dan Khidmat (LINK)

Ground Floor, D Block,

Jalan Dato’ Onn,

50480 Kuala Lumpur

Contact Centre (BNMTELELINK)

Tel: 1-300-88-5465

(Overseas: 603-2174-1717)

Fax: 603-2174-1515

Email: bnmtelelink@bnm.gov.my

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.

Section 24

GENERAL TERMS

24.1 Governing Law

This Terms and Conditions shall be construed in accordance with the laws of Malaysia and you shall submit all disputes arising herein to the exclusive jurisdiction of the Courts of Malaysia.

24.2 Severability

If any term, condition, stipulation, provision, covenant or undertaking of this Terms and Conditions is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:

(a) such term, condition, stipulation, provision, covenant or undertaking shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability; and

(b) the remaining terms, conditions, stipulations, provision, covenants or undertaking of this Terms and Conditions shall remain in full force and effect;

24.3 Waiver

No failure to exercise and no delay in exercising on the part of any of the parties hereto any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Terms and Conditions are cumulative and not exclusive of any rights or remedies otherwise provided by law.

24.4 Assignment

S PAY GLOBAL may assign or novate this Terms and Conditions without your prior consent to SAINS (Sarawak Information Systems Sdn Bhd) and in such circumstances, you shall execute any documents required for such purposes. You shall not assign or novate your account to any other party nor shall you have the right to pledge your account or use it as a form of security instrument for any purpose whatsoever.

24.5 Variation

(a) 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 herein.

(b) A notice of such amendment and/or variation shall be posted on S PAY GLOBAL’s Website (http://spayglobal.my) or the App. Within twenty-one (21) days from the date of the posting, the amendment and/or variation of the terms and conditions shall be effective and binding upon you. S PAY GLOBAL may also issue a notice via email, electronic correspondence or any other modes of communication to you concerning such amendment and/or variation. 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.

(c) By continuing the use of the Services after the effective date of the notice of amendment and/or variation, you are deemed to accept such variation and/or amendment without any reservation by you.

(d) If the proposed variation and/or is not acceptable to you, you are entitled to terminate the use of your Account by contacting S PAY GLOBAL via the App, and the provisions relating to termination above shall apply.

(e) Notwithstanding the above, S PAY GLOBAL specifically reserve the right to terminate the Services (in whole or in part), any program, feature, function or benefit thereunder at any time with or without prior notice at our sole discretion. S PAY GLOBAL may from time to time issue additional terms and conditions for the Services if so required.

Section 25

CAMPAIGN TERMS & CONDITIONS

25.1 For any Campaign launched by S PAY GLOBAL, the following shall be the general terms and conditions:

(a) S PAY GLOBAL shall have the sole and absolute right to withdraw, amend, omit and/or vary any part or the whole of the terms and conditions of their Campaign without prior notice to the Customer and Customer shall be bound to observe, perform and comply with the terms and conditions herein and any amendments thereof.

(b) The decisions made by S PAY GLOBAL in any matter in relation to the Campaign shall be final and conclusive.

(c) All notifications with regards to prize winners shall be via email notification ONLY. S PAY GLOBAL will NOT contact the User or winners through telephone calls or any other communication channels, including but not limited to WhatsApp or SMS, for any purposes related to the Campaign.

(d) S PAY GLOBAL will not ask for any banking details such as credit card/debit card number and bank transaction authorization code (TAC), S PAY GLOBAL account password, PIN or one-time password (OTP) for the winners to claim the prize or for any reason whatsoever.

(e) Should the Prize winners fail to comply with any terms and conditions of the Campaign, S PAY GLOBAL shall reserve the right to forfeit the Prize, or to select another winner.

(f) Unless otherwise stated, any cashback reward shall be given within three (3) days from the date of transaction.

(g) S PAY GLOBAL shall not be liable for any claim by Customer or third-party claims or losses of any nature, including but not limited to, loss of profits, punitive, indirect, special, incidental, or consequential damages or for other damages and any related claims of any nature, including direct, indirect, third party, consequential or other damages resulting from or in connection with the Campaign.

(h) S PAY GLOBAL shall not be liable for loss or damage to property or any personal injury or loss of life resulting from or in connection with the Campaign.

(i) You hereby acknowledge and agree that S PAY GLOBAL shall reserve the rights to disqualify your participation or claw back any cashback to you if:

i. You are found or suspected to have tampered with the Campaign mechanics or the operation of the Campaign;

ii. You are found or suspected to have undertaken fraudulent activities or other activities harmful to the Campaign; or you are in breach of its obligations or any terms and conditions of the Campaign. Notwithstanding the above, S PAY GLOBAL shall reserve the right to reject any participation or you at its sole and absolute discretion without assigning any reasons whatsoever.

(j) S PAY GLOBAL shall not take any responsibility in the event S PAY GLOBAL is prevented from participating in the Campaign, as a result of certain technical restrictions or other limitations specific or force majeure which including but not limited to regulatory and/or government directive, act of God etc.

(k) S PAY GLOBAL shall disclaim any liability arising from the products or services purchased by the User from third party merchants.

(l) All photographs, personal information and names submitted in the Campaign, service marks, trade names and trademarks shall be the property of S PAY GLOBAL and/or its licensors.

(m) By participating the Campaign, you agreed to allow S PAY GLOBAL, at its absolute discretion, to use your name, photographs, voice or video recordings and entries for publicity, advertising, trade or Campaign purposes in any media, without first obtaining any further consent nor making any payment whatsoever to you.

(n) Except as expressly mentioned herein, S PAY GLOBAL shall not be responsible for any expenses and cost including out-of-pocket expenses related to or as a consequence of participating in the Campaign.

(o) All prizes offered under the Campaign are not transferable for cash or in kind and shall be subject to availability of stock. S PAY GLOBAL shall reserve the right to substitute and replace the prize offered with another prize of equal value or higher value as S PAY GLOBAL deems fit.

(p) The content for the Campaign may be provided by a third party. In such circumstances, S PAY GLOBAL is not responsible for the filtering or editing such content. Customer hereby acknowledges that S PAY GLOBAL shall be under no obligation to censor the content or information provided and S PAY GLOBAL disclaims all liability in relation to the content provided.

(q) The terms and conditions for specific campaigns shall be made available at the S PAY GLOBAL website (http//spayglobal.my). Among the terms and conditions contained therein shall be the duration of the campaign, eligibility, campaign mechanics and other relevant details.

(r) In the event any of the provision in these terms and conditions is invalid, illegal and unenforceable under any applicable law or by any reasons whatsoever, the legality and enforceability of the remaining provisions shall not be affected.

(s) No delay or indulgence by S PAY GLOBAL in enforcing any terms or conditions herein shall constitute a waiver by S PAY GLOBAL for any breach of these terms and conditions occasioned by the User.

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eGift Terms and Conditions of Use

Definition

eGift	a feature of SPayGlobal in version 3.1.0 or higher to allow users to give eMoney to other users.
The Sender	SPayGlobal Premium Wallet user who gives away the eGift to another SPayGlobal Premium Wallet user.
The Recipient	SPayGlobal Premium Wallet user who receives eGift from another SPayGlobal Premium Wallet user.
eGift Link	A text URL link that is generated every time the Sender sends out an eGift. The person(s) who has/have access to this link can claim the eGift sent.
eGift QR Code	An image of the eGift with a QR Code embedded; this is generated every time the Sender sends out an eGift. The person(s) who has/have access to this QR Code can claim the eGift sent.

Terms and Conditions

1. There are 2 types of eGift – Standard and Lucky eGift.

(a) Standard eGift – All recipients will receive the same amount specified by the Sender.

(b) Lucky eGift – All recipients will receive a randomised amount between RM1.00 and the total amount specified by the Sender.

2. SPayGlobal Basic Wallet users will not be able to send nor receive eGift at the moment.

3. The Sender has to specify the number of Recipient(s) for the eGift

(a) Minimum Recipient is 1.

(b) Maximum Recipient is 10.

4. The Sender has to specify the total amount for the eGift, refer item 2 above.

(a) Minimum amount for each eGift is RM1.00

(b) eGift sent is limited to the following amount:

(i) Daily eGift limit RM1,000.00

(ii) Monthly (cumulative) eGift limit RM8,000.00

(iii) Yearly (cumulative) eGift limit RM8,000.00

(c) SPayGlobal reserves the rights to make adjustments to the limit without prior notification. Users of SPayGlobal are advised to review this Terms & Conditions of use from time to time.

5. Total amount due is displayed on the eGift screen, the Sender has to ensure sufficient eWallet balance before proceeding.

6. eGift validity:

(a) eGift is ready to be claimed once payment is confirmed by the Sender.

(b) The Recipient can receive the eGift in either one of the following ways:

(i) Tap on the eGift Link shared by the Sender.

(ii) Scan the eGift QR Code from the Sender using the SPayGlobal App.

(d) The Recipient will not be able to receive the eGift if the Recipient’s total wallet balance exceeds RM3,000.00.

(e) Each Recipient can only make 1 (one) claim of the eGift.

7. Expired eGift:

(a) Cannot be claimed.

(b) The unclaimed eGift amount is returned to the Sender after the eGift has expired.

(c) To receive the returned eGift amount, the Sender is responsible to ensure the total wallet balance does not exceed RM3,000.00.

(d) The returned eGift amount will be kept in the SPayGlobal system until item 8.c is fulfilled.

8. Sharing of eGift Link & eGift QR Code

(a) The Sender and the Recipient are fully responsible for the distribution of the eGift Link and eGift QR Code.

(b) After payment is made, the Sender may share the eGift Link to anyone via the share function provided by the user’s smartphone operating system; the choice of 3rd party communication or social app available on user’s smartphone as well as the process required to share is beyond the control of SPayGlobal.

(d) The Sender is advised to only share the eGift Link or the eGift QR Code to the intended recipient.

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Terms and Conditions of ServicesTerms and Conditions of Services

eGift Terms and Conditions of Use