TERMS OF SERVICE
1.1 GLYD Prepaid Mastercard (“Card(s)”) is a reloadable prepaid card promoted by Paysol Sdn. Bhd. [Company No.: 201901024728 (1334057X)] (“Paysol” or “we”) and issued by Instapay Technology Sdn. Bhd. [Company No.: 201701019495 (1233660-A)] (“Instapay” or “Card Issuer”).
1.2 You acknowledge that you have applied for the use the Card(s) under an underlying written or digital contract as amended or supplemented from time to time (“Paysol Contract”) executed between you and Paysol (collectively the “Parties” and each a “Party”) for the purposes of managing your organisation’s expenses and you have agreed to distribute the Card(s) for the use of the lawful employees of your organisation only (“Authorised Users”).
2. BINDING EFFECT
2.2 In the event of a conflict between the terms of the Paysol Contract and the terms of this Terms of Service, the terms of this Terms of Service shall govern.
3. THIRD PARTY BENEFICIARY
As the Card is a financial product regulated by the Applicable Laws and sanctioned by the Central Bank of Malaysia (“Bank Negara Malaysia” or “BNM”) issued by Instapay as a licensed e-money issuer, the Parties hereby agree and acknowledge that Instapay is a third-party beneficiary to this Terms of Service and shall be entitled to the rights and benefits hereunder and may enforce the provisions hereof against you as if it were a party hereto.
Subject to the limitations by the Applicable Laws, Paysol may at its sole and absolute discretion, from time to time, vary, add to, delete or otherwise amend this Terms of Service or any part thereof. In the event of any changes to this Terms of Service, Paysol will notify you in advance via letter or e-mail to your last known address or email address in Paysol’ s records. However, any changes will not apply retrospectively. Your continued use of the Card(s) after the effective date of any changes to the terms of this Terms of Service shall constitute your unconditional acceptance of such changes.
5. APPLICATION AND CONSENT
By applying for the use of the Card(s), you agree to complete Paysol’s prescribed registration form(s), including completing the requisite e-KYC process, and provide Paysol with such information and documents as Paysol may require to satisfy its registration procedures, Know-Your-Customer (KYC) checks and regulatory requirements. You agree that such information and documents may also be forwarded by Paysol to the Card Issuer for the same purposes, and you further agree that Paysol and/or the Card Issuer may conduct background screening on your organisation and the shareholder(s), director(s), officer(s) or employee(s) of your organisation against third party databases (e.g. CTOS) or other lawful sources as Paysol and/or the Card Issuer may deem appropriate. You hereby represent and warrant that all information and documents provided to Paysol from time to time are and will be accurate, complete and up to date.
6. THE CARD AND FUNCTIONS
6.1 The Card(s) is a reloadable prepaid card with contactless functionality and are MasterCard PayPass enabled which allows you or the Authorised Users to perform:
(a) payments for purchase of goods or services, whether offline or online, wherever MasterCard is accepted; and
(b) withdrawal of cash via automated teller machines (ATM) or over-the-counter channels wherever MasterCard is accepted.
(Collectively the “Transactions” and each a “Transaction”)
6.2 The Card(s) is not a credit card nor is it a gift card or intended for gifting purposes. The Card(s) cannot be pledged or used in any manner by you or the Authorised Users as any form of security instrument for any purpose whatsoever.
6.3 As between Paysol and you, the Card(s) is and shall at all times remain the property of Paysol and shall be surrendered to Paysol immediately upon termination or expiration of the Paysol Contract or termination of use of the Card(s) under this Terms of Service.
6.4 The Card(s) will be valid during the term of the Paysol Contract unless terminated sooner under the terms of the Paysol Contract or this Terms of Service.
7. PAYSOL PORTAL AND GLYD APP
7.1 Glyd Portal may provide you access to a cloud-based web application (“Glyd Portal”) in order to, amongst others, view the balance credits in your Customer Account, allocate funds to each individual Card, view transaction history and analytics reports and approve expenses claims submitted by Authorised Users.
7.2 Paysol may provide the Authorised Users access to a mobile application (“Glyd App”) in order to, amongst others, activate the Card(s), view card transaction details and submit expense claims for approval by the designated personnel within your organisation.
7.3 Paysol reserves the right to modify the functions and features of Glyd Portal or Glyd App at its sole discretion and from time to time.
8. ALLOCATION AND ACTIVATION OF CARD
8.1 You agree that the Card(s) may only be used by the lawful employees of your organisation as you may designate from time to time. You shall be solely responsible to determine and allocate the Card(s) to such Authorised Users within your organisation and ensure that such Authorised Users are made aware of the relevant terms and conditions governing the use of the Card(s), including pertinent terms of this Terms of Service, before using the Card(s) in order to prevent a default of the Paysol Contract or this Terms of Service on your part. Accordingly, you agree that you shall be solely responsible and liable for all acts, omissions or defaults of the Authorised Users as if they were your acts, omissions or defaults. If you permit any person other than Authorised Users to use the Card(s), such action shall constitute a material breach of this Terms of Service.
8.2 The Card(s) may only be used upon activation in accordance with the activation procedures advised by Paysol from time to time. Authorised Users must sign on the signature panel on the back of the Card(s). You agree that Paysol shall not be responsible if any transaction on the Card(s) is rejected due to absence of an Authorised User’s signature on the Card(s) or any discrepancy between the signature appearing on the Card(s) and the corresponding sales slip(s).
9. FUNDING THE CARD
9.1 The Card(s) being reloadable prepaid card(s) will be funded by you through depositing funds strictly from your organisation’s designated bank account (“Customer’s Designated Bank Account”) or other source of fund agreed by the Parties to Instapay’s designated bank account (“Collection Account”) from time to time in order to add credits to your funding account (“Customer Account”) maintained with Instapay as issuer of the Card(s) and managed through the Glyd Portal. All reloads shall not be considered to have been made until all relevant funds have been received and processed as good value by the Card Issuer. Neither Paysol nor the Card Issuer shall be responsible for any delay in reloading of credits to your Customer Account where such delay is not attributable to Paysol’s or the Card Issuer’s fault. Paysol and/or the Card Issuer shall have the right to reject any fund from you if Paysol and/or the Card Issuer may in its opinion deem it irregular, suspicious, illegal or unauthorised.
9.2 The default account limit of Card (“Card Account”) (i.e. the maximum amount of credits which may be stored in each Card Account) is RM10,000 only (“Account Limit”). You may not allocate credits to the relevant Card Account in excess of the Account Limit.
9.3 Each time the Card(s) is used to perform Transactions, the credits in the Card Account of that Card(s) will be deducted accordingly. You should regularly review the relevant Card Account through the Glyd Portal to check the available credits and ensure that there are sufficient credits in the relevant Card Account to fund the use of the Card(s). If the available credits in the relevant Card Account is insufficient for a Transaction, the Transaction will be declined. If the Card(s) has been blocked, suspended and/or terminated, any Transaction using the Card(s) will be declined. All remaining funds in such Card Account belong to you and any unutilised funds can be reclaimed by you.
9.4 All transactions conducted with the Card(s) will only be reflected and posted to the relevant Card Account after they have been submitted by the respective merchants or acquiring banks and processed by the MasterCard payment network. You should regularly review the transaction history on the Card(s) through the Glyd Portal to ensure that there has not been any unauthorised use of the Card(s). All entries in the transaction history are deemed true and accurate unless you inform Paysol of any error, exception, dispute or unauthorised transaction within thirty (30) days from the date of the transaction. If Paysol does 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.
9.5 You will not receive any interest or profit on any funds deposited in the Collection Account or balance credits in the Customer Account in respect of the Card(s) issued to you. Upon termination or expiration of the Paysol Contract or termination of use of the Card(s) under this Terms of Service, your remaining funds in the Collection Account or unused credits as reflected in the relevant Customer Account will be refunded to you in accordance with the terms of this Terms of Service.
10. CARD LIMIT AND DAILY TRANSACTION LIMIT
By applying for the Card(s) or otherwise using the Card(s), you authorise Paysol to rely and act upon all communications and instructions given by you in relation to the use of the Card(s). An instruction will only be accepted by Paysol if you have satisfied the prescribed security criteria as determined by Paysol from time to time. In giving instruction to Paysol, you shall ensure that any and all instructions are accurate and complete, failing which Paysol shall not be liable for any losses or damages in relation thereto. However, Paysol may reject any of your instructions relating to the use of the Card(s) if (a) the instruction is inconsistent with the terms of the Paysol Contract or this Terms of Service, or (b) Paysol suspects that the instruction may be fraudulently issued or poses a risk to Paysol or its business.
11. CUSTOMER’S INSTRUCTIONS
If the Card(s) is used to perform online transactions, you shall be solely responsible for the security of such use at all times and procure the Authorised Users to comply with any applicable security guideline. You agree that the entry of the Card information on the internet shall be sufficient proof of the authenticity of such instruction. Neither Paysol nor the Card Issuer shall be under any obligation to verify the identity or the authority of the person entering the Card information. For all transactions processed via two factor authentication mechanism, neither Paysol nor the Card Issuer shall entertain any disputes from you or relevant Authorised User with regards to the fact that you or such Authorised User did not authorise or participate in such transactions nor will you be able to raise a chargeback claim for such transactions which have been processed under two factor authentication mechanism. In cases of two factor authentication transactions, Paysol will only allow chargeback due to processing errors, service not rendered and other card acceptance violations as stipulated in the applicable MasterCard card chargeback rules. The Authorised Users may be required to enter OTP for online transactions if the Mastercard merchant is registered for 3D Secure. 3D Secure is a Mastercard service to provide two factor authentications for online transactions.
12. INTERNET TRANSACTIONS
The contactless payment feature of the Card(s) allows payment transactions to be performed by tapping or waving the Card(s) on a contactless reader device. Contactless payment cannot be used for card-not-present transactions, online transactions, e-commerce transactions, recurring bill payments, cash advance transactions, funds transfer transactions, or transactions performed or to be performed at any ATM. The Card(s) also cannot be tokenised on a mobile device for any forms of contactless payments. The first time a contact payment is used will require the relevant Authorised User to enter the applicable PIN. Any usage of the Card(s) for contactless payments is subject to such other terms or policies as Paysol and/or MasterCard may impose from time to time.
13. ATM TRANSACTIONS AND PERSONAL IDENTIFICATION NUMBER (PIN)
For the purposes of effecting cash withdrawal using the Card(s) at any ATM under the MasterCard payment network, the Authorised Users must use the 6-digit Personal Identification Number (PIN) set or changed by the Authorised Users via the Glyd App or any other prescribed method as determined by Paysol from time to time. The PIN is strictly confidential, and you should not, and should procure that the Authorised Users will not, disclose it to any unauthorised person. Failure to comply with this requirement may expose you to unauthorised use of the Card(s), for which Paysol will not be in any way be responsible or liable to you.
14. TRANSACTIONS IN FOREIGN CURRENCIES
If a Transaction is made in a foreign currency, MasterCard will convert the transaction into Ringgit Malaysia equivalent at the conversion rate as determined by MasterCard as at the date it is processed by MasterCard after merchant settlement. You may also be required to pay certain administration fees as Paysol and/or MasterCard may determine from time to time.
15. OTHER RESPONSIBILITIES
15.1 You shall, and shall procure that the Authorised Users will (as applicable):
(a) ensure that the transaction amount is correct before making any transaction using the Card(s);
(b) keep all information and security credentials related to the Customer Account and Card(s) confidential at all times and shall take all steps to prevent disclosure of such information and authorised access or use;
(c) ensure that all information and documents provided to Paysol or the Card Issuer, including Personal Data, are true, accurate, updated and complete at all times, and promptly update such information and documents if there are any changes to the same;
(d) comply with all notices or instructions given by Paysol or the Card Issuer from time to time in relation to the use of the Card(s), Glyd Portal and/or Glyd App;
(e) be responsible and liable for all usage of and all payment of the fees, charges, taxes and duties for using the Card(s), including, but not limited to, payment of all fee, charges, taxes and duties for the purchase of products and/or services to merchants in a timely manner;
(f) comply with all Applicable Laws relating to the Card(s), Glyd Portal and Glyd App;
(g) take all reasonable steps to prevent fraudulent, improper or illegal use of the Customer Account, Card(s), Glyd Portal and Glyd App;
(h) cease to use the Card(s), Glyd Portal and/or Glyd App or any feature thereof for such period as may be required by Paysol;
(i) immediately report to Paysol and lodge a police report and providing a certified true copy thereof whenever required by Paysol upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to the Card(s), Glyd Portal and/or Glyd App.
15.2 You shall not, and procure that the Authorised Users will not (as applicable):
(a) use the Card(s) to purchase illegal goods or services, for online betting and/or gambling activities or any unlawful and/or fraudulent activities;
(b) use the Card(s), Glyd Portal and/or Glyd App for other business and/or commercial purposes which are not permitted under the Paysol Contract and/or this Terms of Service or otherwise deemed to be inappropriate or unacceptable to Paysol;
(c) attempt to receive funds from Paysol, other merchant or other third party for the same transaction by submitting similar claims;
(d) use an anonymizing proxy while applying for the Card(s);
(e) use the Card(s), Glyd Portal and/or Glyd App in any manner that could damage, disable or impair Paysol Technology, or interfere with the security or integrity of Paysol Technology;
(f) disassemble, reverse engineer, decompile, modify or otherwise creating derivative works based on Paysol Technology;
(g) do anything or cause an action to be done resulting in the infringement or violation of Paysol’s Intellectual Property Rights;
(h) attempt to gain unauthorised access to other user accounts maintained by Paysol through means of hacking, mining or other means of interference;
(i) harvest or collect email addresses or other contact information of other users of Paysol’s products or services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(j) interfere with or disrupt Paysol Technology, or servers or networks connected to the Card(s), Glyd Portal and/or Glyd App, or disobey any requirements, procedures, policies or regulations of networks connected to the Card(s), Glyd Portal and/or Glyd App, or circumvent any technology used to protect the Card(s), Glyd Portal and/or Glyd App; or
(k) remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Card(s), Glyd Portal and/or Glyd App or pass off or attempt to pass off the Card(s), Glyd Portal and/or Glyd App as the product of anyone other than Paysol.
15.3 If you wish to update your or any Authorised User’s 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 Paysol. Paysol may from time to time first verify your identity through the security protocols established by Paysol before your or any Authorised User’s profile and Personal Data can be updated. You shall, and procure that the Authorised Users will (as applicable), at all times keep all passwords and security codes, security questions, security answers (including but not limited to those used for verification and authorisation purposes) and for use of the Card(s), Glyd Portal and Glyd App secret and you shall use all reasonable precautions to prevent disclosure of the same by you or any Authorised User to any unauthorised person or third party.
16. RIGHTS OF PAYSOL / INSTAPAY
16.1 If the Card(s), Glyd Portal and/or Glyd App is used in a manner other than as permitted by the Paysol Contract or this Terms of Service or for unlawful or fraudulent activities, Paysol shall be entitled to suspend, block and/or terminate the use of the Card(s), Glyd Portal and/or Glyd App (as the case may be) immediately without prior notice to you. However, Paysol does not owe you any duty or obligation whatsoever to monitor and block the use of the Card(s), Glyd Portal and/or Glyd App for any unlawful or unauthorised activities.
16.2 Paysol reserves the right to make any alteration or changes to the Card service, Glyd Portal and/or Glyd App or any part thereof, or suspend or terminate the Card service, Glyd Portal and/or Glyd App or any part thereof, in which event Paysol shall not be liable for any loss or inconvenience to you, any Authorised User or any third party resulting therefrom except where the Card service shall be permanently terminated any balance funds or credits under the Customer Account and/or Card Account (as the case may be) shall be returned to you.
16.3 Paysol and/or the Card Issuer may from time to time 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 the Customer Account or Card(s), communication on promotions (and promotional items) relating to Paysol’s products and services, and for any other matters relating to Paysol’s products and services.
16.4 Paysol may run campaigns, contests or promotions in relation to the Card(s) as may be notified to you from time to time. You agree that your participation in such campaigns, contests or promotions shall be subject to the specific terms and conditions thereof. If you wish to opt out from receiving any promotional or marketing messages from Paysol, you may unsubscribe the same via email or by contacting Paysol.
16.5 Paysol may request for any additional information or documents from you for the purposes of verifying your or any Authorised User’s identity or providing you the Card service. You agree that you will provide such information and/or documentation promptly to Paysol and/or the Card Issuer upon request.
16.7 Notwithstanding anything in this Terms of Service, Paysol may change the procedures or mode of operation of the Card service at any time at is sole discretion.
18. INTELLECTUAL PROPERTY
17.1 You acknowledge that, as between Paysol and you, the Card(s), Glyd Portal, Glyd App and all Intellectual Property Rights in relation thereto belong to Paysol or its licensors. All rights are expressly reserved.
17.2 Nothing in this Terms of Service or by the use of the Card(s), Glyd Portal or Glyd App shall be construed as conferring any license or other transfer of rights to you or any Authorised User of any Intellectual Property Rights of Paysol or its licensors, other than the limited right to use them in accordance with the Paysol Contract or this Terms of Service.
18.1 You hereby give consent to Paysol that your Personal Data provided to or collected by Paysol and/or the Card Issuer may be used and/or disclosed in accordance with the privacy policies published in the official websites of Paysol (“Privacy Policies”).
18.2 You acknowledge and agree that in order for Paysol and the Card Issuer to provide you with the services, benefits, offers and privileges related to the Card(s), to manage the Customer Account or Card(s), to facilitate the use of the Card(s) and the processing of any transaction effected or to be effected through the use of the Card(s), Glyd Portal and/or Glyd App, the sharing, transfer, retrieval, updating and processing of your or relevant Authorised User’s Personal Data as well as the creation of member profiles and user accounts and updating of personal details may occur between, one one hand, Paysol and the Card Issuer and, on the other hand, their subsidiaries, associates, related corporations, affiliates, licensees, assignees, proposed assignees, agents, vendors, service providers, merchants, strategic partners, commercial partners, third party contractors, any regulatory authorities (including BNM and such other authorities or bodies having jurisdiction over the Card(s)), payment network operators, and any other parties engaged by Paysol and/or the Card Issuer to enable or assist Paysol and/or the Card Issuer in the provision of services to you or to exercise or enforce Paysol’s or the Card Issuer’s rights hereunder and/or any other party whomsoever as Paysol and/or the Card Issuer may deem relevant or necessary, within and beyond Malaysia, as stated in the Privacy Policies, and you have consented to the same.
18.3 Paysol and/or the Card Issuer may monitor and record all Transactions and communications that may take place between you and Paysol and/or the Card Issuer for quality control and training, prevention of unauthorised use, ensuring effective system operations and prevention and detection of crime.
18.4 You agree and consent that Paysol may use or extract any Personal Data or any other data from your Customer Account and/or Card Account which may be required as evidence in court and/or to provide to relevant enforcement authorities whenever necessary in the event of a suspected or proven misuse of the Card(s), Glyd Portal and/or Glyd App (as the case may be).
18.5 Your agreement and consent under this Clause shall survive the termination or expiration of the Paysol Contract or this Terms of Service.
19. FEES AND CHARGES
19.1 You agree and undertake to pay all fees arising out of and in connection with the use of the Card(s), Glyd Portal and/or Glyd App pursuant to this Terms of Service, which includes, but not limited to, currency conversion fee, cross border transaction fee, fee chargeable for withdrawal whether in Malaysia or overseas, replacement card fee, charges for SMS alerts, sales draft retrieval fee, and such other fees and charges related to the Card(s), Glyd Portal and/or Glyd App as Paysol may prescribe from time to time.
19.2 Paysol reserves the right to impose or revise any charges or fees applicable to the Card(s), Glyd Portal and/or Glyd App or any features of the Card(s), Glyd Portal and/or Glyd App from time to time at its sole discretion. Any such revision will be communicated to you in advance via mail or e-mail and will take effect from the stipulated effective date. If you do not accept such charges or fees, please do not use or continue to use the Card(s), Glyd Portal and/or Glyd App (as the case may be).
19.3 If the issuance and supply of a Card under the Paysol Contract or this Terms of Service is taxable in accordance with the laws of Malaysia (including but not limited to Sales and Services Tax, Goods and Services Tax, etc), then Paysol reserves the right to levy such tax(es) at the prescribed rate and you agree to pay the amount of such tax(es).
20. DISPUTED TRANSACTION AND REFUND
20.1 You are fully responsible for all Transactions made on the Card(s), including but not limited to purchases of products or services using the Card(s), whether at a merchant’s premises, written instructions sent by mail, email, facsimile, telephone order, online via the internet or any other means by which you have authorised the use of the Card(s).
20.2 Neither Paysol nor the Card Issuer shall be responsible to settle any dispute that you may have with any merchants for the goods or services purchased using the Card(s) or the member institution of MasterCard concerned. Neither Paysol nor the Card Issuer shall be a party to such dispute nor shall Paysol nor the Card Issuer be liable for such dispute in any way.
20.3 In the event any merchant or the member institution of MasterCard concerned may provide a refund option to you, such refund shall be subject to the following:
(a) the refund process shall be subject to the merchant’s refund policy and any terms and conditions imposed on such refund;
(b) the relevant Card(s) must be valid and active at the time of refund process; and
(c) in the event your Customer Account does not have sufficient Account Limit availability to enable the refund to be transferred into, you will be required to request for a different refund method from the merchant or the member institution of MasterCard concerned.
20.4 If you discover any error or discrepancy in a Transaction, you must contact Paysol within thirty (30) days from the date of the disputed Transaction, failing which you shall be deemed to have accepted the accuracy of the Transaction. If it is revealed in the course of Paysol’s investigation that the disputed Transaction was indeed made in error, Paysol will refund the disputed sum directly to your Customer’s Designated Bank Account upon completion of the investigation. However, Paysol reserves the right to not refund any disputed amount to you if Paysol believes in good faith that you have acted contrary to the Paysol Contract or this Terms of Service. In the event the investigations and verifications conducted by Paysol reveals that the disputed Transaction was accurate, genuine and properly authorised by you or relevant Authorised User, then you shall be liable for such disputed Transaction. In the event the investigations and verifications conducted by Paysol reveals that the disputed Transaction was not genuine, dishonest, fraudulent or an abuse of process, you shall indemnify Paysol, the Card Issuer and/or their directors, officers, employees, representatives, agents subsidiaries or affiliates (as the case may be) (“Indemnified Parties”) against all costs and expenses incurred by the Indemnified Parties in the course of carrying out the investigations or verifications. Paysol’s findings in any investigation conducted in relation to your Card(s) shall be conclusive, final and binding on you and shall not be questioned or disputed. Paysol may refund such sum to your Customer’s Designated Bank Account based on preliminary investigation results. Notwithstanding the foregoing, any refund by Paysol shall not, in and of itself, amount to completion of the investigation. Upon the completion of full investigation, if it is discovered that you are not entitled to the refund, Paysol may, at its sole discretion, either adjust your Customer Account and deduct the refunded sum from your Customer Account or claim such sum from you as a debt.
21. LOST OR STOLEN CARD
21.1 In the event the Card(s) is lost or stolen, you must immediately contact Paysol to block the Card(s) or you may block the Card(s) via Glyd Portal (if such function is made available) and/or Glyd App. As a matter of prudence, Paysol recommends that you lodge a police report immediately to substantiate your claim for any unauthorised transaction. Paysol or the Card Issuer may request from you a copy of the police report confirming the incident and any other relevant information relating to the incident, in which case if you are not able to provide a copy of such police report or information, Paysol may not be able to proceed with its investigations and Paysol shall not be responsible or be held liable for any dispute or loss suffered by you in relation to any transactions incurred from unauthorised usage of the Card(s).
21.2 If you subsequently found the lost or stolen Card(s), you should not further use the Card(s) and should cut it into half and dispose of it immediately or return the same to Paysol. You may request Paysol to issue a replacement Card but Paysol has the right to accept or to refuse such request for any reason whatsoever. Any replacement Card will be subjected to a replacement card fee as Paysol may from time to time prescribe, unless waived by Paysol at its sole discretion.
22. SUSPENSION AND TERMINATION
22.1 Without prejudice to its other rights and remedies, Paysol shall be entitled to immediately block, suspend or terminate the use of the Card(s), Glyd Portal and/or Glyd App (as the case may be), with or without any notice to you, upon the occurrence of any of the following events:-
(a) if in the opinion of Paysol, there is dishonesty, suspected fraud, illegality, criminality or misrepresentation in the conduct of your Customer Account or relevant Card Account or use of the Card(s), Glyd Portal or Glyd App (whether by you or any Authorised User);
(b) if you or any Authorised User is in breach of any terms of the Paysol Contract, this Terms of Service or any other terms governing the use of the Card(s), Glyd Portal and/or Glyd App;
(c) if you fail to make any payment due to Paysol under the Paysol Contract or this Terms of Service;
(d) if you or any Authorised User is in breach of any Applicable Law in using the Card(s), Glyd Portal and/or Glyd App;
(e) if you or any Authorised User have submitted false documents or have declared false information to Paysol;
(f) if you or any Authorised User’s name is listed under any regulatory watchlist (including but not limited to listing related to terrorism and terrorism financing under the AML/CFT Legislation);
(g) if you or any Authorised User fail to provide any additional information which Paysol may request from time to time in accordance with this Terms of Service; and/or
(h) where Paysol has reserved such right to block, suspend and/or terminate the Card(s), Glyd Portal and/or Glyd App under any other provisions of the Paysol Contract, this Terms of Service or any other terms governing the use of the Card(s), Glyd Portal and/or Glyd App.
22.2 If the Card(s) is terminated by Paysol pursuant to Clause 22.1 above, Paysol shall not be obliged to refund any balance funds or credit under your Customer Account and/or Card Account to you pending relevant investigations or until and unless clearance has been obtained from the relevant authorities, if applicable. Paysol reserves the right to take any action against you as may be deemed necessary or as may be required under the Applicable Laws or by the relevant authorities.
22.3 In the event the Card(s) is terminated or suspended by Paysol due to fraudulent, illegal or unlawful transactions including but not limited to breach of any Applicable Law, you shall not be entitled to obtain any refund of balance funds or credits under your Customer Account and/or Card Account and it shall be lawful for Paysol to retain such funds for an indefinite period or release them to the relevant authorities in accordance with Applicable Laws. You shall not be entitled to claim any form of compensation for any loss arising therefrom from Paysol.
22.4 The Paysol Contract and use of the Card(s), Glyd Portal and Glyd App shall terminate upon the expiration of the term of the Paysol Contract unless the Paysol Contract is renewed by you in accordance with Paysol’s prescribed renewal process. Notwithstanding the foregoing, nothing under the Paysol Contract or this Terms of Service shall oblige Paysol to renew the Paysol Contract or continue to provide any of its products and/or services to you after the expiration of the term of the Paysol Contract.
22.5 Upon termination of the Paysol Contract or this Terms of Service (howsoever occasioned):
(a) subject to Clauses 22.2 and 22.3 above, any balance funds or credits in your Customer Account and/or Card Account (as the case may be) will be refunded to your Customer’s Designated Bank Account;
(b) save for any obligations which are expressed to survive, each Party’s further rights and obligations shall cease immediately, provided that such termination shall not affect a Party’s accrued rights and obligations as at the date of such termination.
If your Customer Account or any Card Account is suspended for any reason, you will not be able to use the relevant Card(s). You should contact Paysol to reactivate your Customer Account or relevant Card Account or Card(s). Paysol may reactivate the Customer Account or relevant Card Account or Card(s) at its sole discretion and subject to Paysol’ s prevailing policies and procedures.
PAYSOL PROVIDES THE PRODUCTS AND/OR SERVICES UNDER THE PAYSOL CONTRACT AND THIS TERMS OF SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT THE USE OF SUCH PRODUCTS AND/OR SERVICES IS AT YOUR SOLE RISK. OTHER THAN WARRANTIES EXPLICITLY PROVIDED UNDER THE PAYSOL CONTRACT OR THIS TERMS OF SERVICE, PAYSOL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, (II) FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, (III) SECURITY, RELIABILITY, PERFORMANCE AND ACCURACY OF SUCH PRODUCTS AND/OR SERVICES, AND (IV) THAT SUCH PRODUCTS AND/OR SERVICES WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PAYSOL, THE CARD ISSUER AND/OR ITS AGENTS OR REPRESENTATIVES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
25. LIMITATION OF LIABILITY
25.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PAYSOL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES OR LOSSES OF ANY KIND IN ANY MANNER IN CONNECTION WITH OR ARISING OUT OF THE PAYSOL CONTRACT, THIS TERMS OF SERVICE AND/OR THE USE OF ITS PRODUCTS AND/OR SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT PAYSOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF WARRANTIES STATED HEREIN OR THE LIMITATION OF LIABILITY STATED HEREIN, YOU HEREBY EXPRESSLY AGREE THAT IN NO EVENT WILL PAYSOL’S LIABILITY FOR ANY CLAIM OR DAMAGES HEREUNDER EXCEED THE AGGREGATE AMOUNT OF RINGGIT MALAYSIA FIVE THOUSAND (RM5,000) OR AN AMOUNT EQUIVALENT TO THE BALANCE FUNDS UNDER YOUR CUSTOMER ACCOUNT AT THE MATERAIL TIME, WHICHEVER IS LESSER.
25.2 Nothing in the Paysol Contract or this Terms of Service excludes, restricts or modifies any statutory rights that you may have under Applicable Laws that cannot be excluded, restricted or modified.
26.1 You hereby agree to indemnify the Indemnified Parties and keep harmless the Indemnified Parties from and against any claims, actions, suits, proceedings, damages and/or liabilities whatsoever made against the Indemnified Parties arising from the use of the Card(s), Glyd Portal and/or Glyd App and/or your or any Authorised User’s non-performance or violation of the terms under the Paysol Contract, this Terms of Service, any other terms governing the use of the Cards(s), Glyd Portal and/or Glyd App or any Applicable Law. You shall defend and pay all costs, damages, awards, fees (including legal fees on a solicitor and client basis) and judgments suffered by any of the Indemnified Parties arising from such claims, and shall provide Paysol with 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.
26.2 You hereby agree that if Paysol initiates legal proceedings against you because of a default under the Paysol Contract, this Terms of Service or any other terms governing the use of the Cards(s), Glyd Portal and/or Glyd App, you shall be liable to indemnify Paysol all legal costs (including costs on a solicitor and client basis), other costs, charges and expenses which Paysol may incur in enforcing or seeking to enforce any of the provisions of the Paysol Contract and/or this Terms of Service or in obtaining or seeking to obtain payment of all or any part of the monies owing by you. However, your responsibility for such fees and costs shall not exceed the maximum amount allowed by law.
27. FORCE MAJEURE
27.1 Without limiting the generality of any provision in this Terms of Service, Paysol shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom Paysol has no control over or any cause outside Paysol’s reasonable control.
27.2 The Card service, Glyd Portal and/or Glyd App may occasionally be affected by interference caused by causes or objects beyond Paysol’s control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion in the card management system. In the event of such interference, Paysol shall be not be responsible for any inability to use the Card, or interruption or disruption of the Card service, Glyd Portal and/or Glyd App (as the case may be).
28. DEFINITIONS AND INTERPRETATION
28.1 In this Terms of Service, the following words and expressions have the following meanings unless inconsistent with the context or stated otherwise:
“AML/CFT Legislation” means the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 of Malaysia.
“Applicable Laws” mean and include all statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, determinations, directives, writs, decrees, injunctions, judgments, awards or orders of any government authority, statutory authority, tribunal, board, court, and if applicable, international treaties and regulations, as amended from time to time and including but not limited to (a) Financial Services Act 2012, (b) Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, (c) Unclaimed Money Act 1965, and (f) the rules, regulations or directives of Bank Negara Malaysia;
“Intellectual Property Rights” means all intellectual property rights (whether registered or not), including but not limited to copyright (including copyright in computer software), patents, logos, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence;
“Paysol Technology” means Paysol’s proprietary technology underlying the Card(s), Glyd Portal, Glyd App and/or Paysol’s products or services, including internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), source codes, user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related Intellectual Property Rights throughout the world (whether owned by Paysol or its licensors), and also including any derivatives, improvements, enhancements or extensions of such technology conceived, reduced to practice, or developed by Paysol from time to time;
“Personal Data” means information that relates directly or indirectly to you or an Authorised User, who is identified or identifiable from that information, including but not limited to name, address, telephone number and other personally identifiable information, collected by Paysol for the provision of its products and/or services.
28.2 In this Terms of Service, unless the context otherwise requires:
(a) references to statutory provisions shall be construed as references to those provisions as respectively replaced, amended or re-enacted (whether before or after the date hereof) from time to time and shall include any provisions of which there are re-enactments (whether with or without modification) and any subordinate legislation made under such provision so far as such modification or re-enactment applies or is capable of applying to any transactions entered into pursuant to this Terms of Service and (so far as liability thereunder may exist or can arise) shall include also any past statutory provisions or regulations (as from time to time modified or re-enacted) where such provisions or regulations have directly or indirectly replaced;
(b) clause headings are for convenience only and shall not affect the interpretation of this Terms of Service;
(c) unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa; and words denoting any gender shall include all genders;
(d) references to a “person” (or to a word importing a person) shall be construed so as to include an individual, firm, partnership, trust, joint venture, company, corporation, body corporate, unincorporated body, association, organisation, any government, or state or any agency of a government or state, or any local or municipal authority or other governmental body (whether or not in each case having separate legal personality).
29. OTHER PROVISIONS
29.1 The Paysol Contract and this Terms of Service constitute the entire agreement between the Parties concerning the subject matter herein and supersedes all previous terms and conditions, understanding, representations and warranties relating to that subject matter.
29.2 No delay, neglect or forbearance on the part of Paysol in enforcing against you any provision of the Paysol Contract and/or this Terms of Service shall either be or deemed to be a waiver or in any way prejudice any right of Paysol hereunder.
29.3 If any provision of the Paysol Contract and/or this Terms of Service is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required be severed from the Paysol Contract and/or this Terms of Service (as the case may be) and rendered ineffective as far as possible without modifying the remaining provision of the Paysol Contract and/or this Terms of Service (as the case may be), and shall not in any way affect any other circumstances of or the validity or enforcement of the Paysol Contract and/or this Terms of Service (as the case may be).
29.4 The Paysol Contract and this Terms of Service and all rights and obligations thereof are not assignable, transferable or sub-licensable by you without Paysol’s prior written consent. Paysol may transfer, assign or delegate the Paysol Contract and/or this Terms of Service and its rights and obligations thereof without prior notice to or consent by you.
29.5 All rights and obligations under the Paysol Contract and/or this Terms of Service are personal to you. Save for the Card Issuer, a person who is not a party to the Paysol Contract or this Terms of Service shall have no right to enforce any provision of the Paysol Contract or this Terms of Service.
30. GOVERNING LAW AND JURISDICTION
The Paysol Contract and this Terms of Service shall be governed by and construed in accordance with the laws of Malaysia, and you hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia to resolve any claims or disputes which may arise in connection with the Paysol Contract or this Terms of Service.
31.1 All notices, requests and/or other communications to be given by Paysol to you under the Paysol Contract or this Terms of Service may be made by hand, ordinary post, registered post or e-mail to your last known address or e-mail address (as the case may be) in Paysol’ s records.
31.2 All notices, requests and/or other communications to be given by you to Paysol under the Paysol Contract or this Terms of Service must be communicated to the following address (or to such other address as Paysol may notify you from time to time) by hand, ordinary post, registered post or e-mail:
Paysol Sdn. Bhd.
23A-16, Q Sentral,
Jalan Stesen 2, KL Sentral
50470 Kuala Lumpur
31.3 If there are any complaints or inquiries and there is no feedback given by Paysol, you may contact the Card Issuer as follows:
Instapay Technologies Sdn. Bhd.
23A-16, Q Sentral,
Jalan Stesen 2, KL Sentral
50470 Kuala Lumpur
31.4 If there are any complaints or inquiries and there is no feedback given by Paysol or the Card Issuer, 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
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