Last Updated: [17/12/2019]
“Account” means an electronic wallet account created by or for a User to use the Service;
“Account Limit” means the maximum amount of money that can be stored in an Account at any point in time being RM5,000.00 only, as the case may be, pursuant to Clauses 4.1 and 4.2 below and as may be revised by from time to time;
“Activation” means the point in time when an Account is activated for use;
“AML/CFT Legislation” means the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 of Malaysia;
“App” means the software application named as “” or such other name as may be determined by from time to time, downloaded onto and run on Mobile Device;
“Applicable Laws” mean and include all statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, determinations, directives, writs, decrees, injunctions, judgments, awards or orders of any government authority, statutory authority, tribunal, board, court, and if applicable, international treaties and regulations, as amended from time to time and including but not limited to (a) Financial Services Act 2013, (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;
“Available Balance” means the amount of money which is standing in credit in an Account which is available for use by the User of that Account subject to the Account Limit and Daily Transaction Limit;
“Authentication” or “Authenticated” means a confirmation sent by a User to authorising a particular transaction undertaken or transacted by that User, in accordance with such prescribed method determined by from time to time;
“Bank” means the authorised bank appointed by Instapay to act as a remittance agent for the Service;
“BNM” means Bank Negara Malaysia (Central Bank of Malaysia);
“Business Day” means any day when commercial banks are open for the conduct of business in Malaysia except for Saturdays, Sundays and days which have been gazetted or declared by the government or state government as public holidays in Malaysia;
“Customer Service” means Instapay’s customer service agent which can be contacted via our phone number +60 3 2786 5301 or email address: connect@instapaytech.com;
“Daily Transaction Limit” means the daily limit imposed on relevant Transaction in any one (1) calendar day pursuant to Clause 4.5 below;
“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;
“Instapay” means Instapay TECHNOLOGIES SDN BHD (Company No.: 1233660-A), a company incorporated in Malaysia;
“Instapay Card” means the prepaid electronic cash card issued by Instapay;
“KYC” means Know Your Customer process as determined by InstaPay from time to time;
“Manual Reload” means the feature in the App which allows Users to manually reload their Accounts up to the applicable Account Limit, including but not limited to via (i) debit or credit card, (ii) online banking, (iii) JomPAY, or (iv) any other method which may be determined by Instapay from time to time;
“Mobile Device” means a portable and wireless computing or telecommunication device together with accessories including but not limited to smartphone and handheld tablet
“Money Transfer” means the service which enables Users to transfer money from their Accounts to other Users’ Accounts or other third party accounts, or to receive money into their Accounts from other User’s Accounts or other third party accounts;
“Participating Merchants” means merchants designated by Instapay to sell goods and/or services by accepting payment via the App;
“Parties” means collectively Instapay and you, and reference to a “Party” means any of them;
“Payment” means payment for purchase of goods and/or services (including payment to Participating Merchants) via online websites (e-commerce), mobile applications, static QR code, payment at point-of-sale (POS) terminals, and any other method of payment for goods and/or services;
“Personal Data” means information that relates directly or indirectly to a 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 Instapay for the provision of the Service;
“Platform System” means technological system underlying the App used by Instapay to provide the Service;
“Privacy Policy” means the privacy policy provided by Instapay as published on the App, Site or otherwise presented to you, which sets out how Personal Data of Users will be collected, used and shared;
“Reload” means the deposit of money into the Account (subject to the Account Limit) via the Reload / Payment Channels to enable Users to use the Service;
“Reload / Payment Channels” means such channels (including but not limited to the relevant service counters, and Manual Reload) designated by Instapay for Users to make Reload and/or Payment transactions;
“Service” means the provisions of the Account provided by Instapay via the App which enables Users to perform the Transactions;
“Site” means Instapay’s website at https://www.instapaytech.com;
“Terms and Conditions” or “Agreement” means these terms and conditions for the Service as may be varied or modified from time to time at Instapay’s sole discretion;
“Transactions” means the transactions performed by a User via the Service including, but not limited to (i) Payment, (ii) Reload, (iii) Money Transfer or (iv) any other service as may be introduced by Instapay from time to time;
“Users” or “you” or “your” means the person who accesses and/or uses the Service, and reference to a “User” means any of them.
In order to use the Service, you are required to download the App on your Mobile Device and register for an Account with Instapay in accordance with Instapay’s application process and procedures. If you choose to register for an Account, you agree and consent to providing and maintaining true, accurate, current and complete information or document about you as and when required by Instapay for the purposes of verifying your identity, background and business activities, and providing you the Service. You hereby authorise Instapay to collect, store, retain, process and use Personal Data provided by you to Instapay in accordance with the Privacy Policy, and consent to Instapay conducting KYC or screening your identity and background against third party databases (e.g. CTOS) or other lawful sources. You may choose to decline to provide any information or document as Instapay may request or withdraw your consent to any authorisation, but this may result in Instapay being unable to process or approve your application to register for an Account or to provide you the Service.
As part of the signing-up process, Instapay may in its sole discretion conduct a standard Customer Due Diligence, gather personal information such as Full name, NRIC no/passport no/other official Identification documentation, Residential and Mailing address, Date of Birth, Nationality, Occupation, Employer name/nature of business, Contact information and Purpose of transaction. Users are required to meet the above Customer Due Diligence standards in order to be eligible for cross-boarder remittance transactions.
You may only use the Service upon Activation and strictly in accordance with these Terms and Conditions.
You agree and give consent for Instapay to access your information on IME’s system for the purpose of conducting the Customer Due Diligence when registering for an Account.
The App and the Service may only be used on your Mobile Device and strictly for your own personal use only as a registered user of the Account. Any instruction, confirmation and/or communication sent from your Mobile Device via your Account shall be deemed to have been sent and/or issued by you irrespective of whether such instruction, confirmation and/or communication was actually sent by you or a third party, whether authorised or otherwise, in which case Instapay shall deem that the Service has been accessed legitimately and the Transactions performed shall be valid. You shall be personally liable and responsible for the use of your Account including but not limited to all transactions undertaken and/or transacted using the Account once the said transaction has been Authenticated irrespective of whether the transactions were undertaken and/or transacted by you unless it can be established that such transactions were erroneously transacted due to an error on the part of Instapay. The record of all Transactions Authenticated through the prescribed method shall be binding and conclusive evidence of your Transactions.
Instapay reserves all rights to refuse, reject and/or decline any application to register for an Account at its sole and absolute discretion without assigning any reason whatsoever, and Instapay’s decision shall be final, conclusive and cannot be disputed.
Your Account is not transferable nor assignable to any third party and shall be exclusively used by you. Your Account cannot be pledged or used in any manner by you as any form of security instrument for any purpose whatsoever.
Subject to your continued compliance with these Terms and Conditions, Instapay grants to you a limited, revocable, non-exclusive, non-transferable right to use the App solely for your personal, non-commercial purpose and in compliance with these Terms and Conditions. All rights not expressly granted to you pursuant to these Terms and Conditions are reserved by Instapay, and all uses of the App and the Service not expressly permitted hereunder are prohibited.
You will be assigned the following product upon successful registration:
| Product | Registration Method |
|---|---|
| Instapay Account | Self-registration – Download the mobile application and upload the required documents |
| Face to Face Registration – Meeting with Instapay Representative and submission of the completed Application Form along with the required documents |
Your Account Limit is as follows:
| Product | Registration Method |
|---|---|
| Instapay Account | RM10,000 (Ringgit Malaysia Five Thousand) - you must meet the qualification criteria and KYC requirements determined by Instapay from time to time. |
| (Note: Certain App features may be activated only for customers who have a face to face meeting with Instapay Representative) |
You should regularly review the stored fund in your Account as you shall only be able to store such amount of fund in your Account up to the applicable Account Limit. In the event the amount of fund in your Account has reached the Account Limit, you shall not be able to receive further in-coming fund into your Account in excess of the Account Limit until the stored fund is reduced below the Account Limit by use, withdrawal or transfer. Any in-coming fund in excess of the Account Limit will be withheld by Instapay for a maximum period of thirty (30) days until such fund can be credited into your Account within the available Account Limit but any remaining balance uncredited to your Account due to unavailable Account Limit will be refunded to the transferor or payor of such fund.
The following are the functionalities for the wallet account:
| Account Functionality | Instapay Account |
|---|---|
| Purchase Transactions | Yes |
| Funding from Personal Bank Account | Yes |
| Transfer to Own Bank Account | Yes |
| Prepaid Card | Yes* |
| Wallet Limit | RM10,000 |
*Prepaid Card will be issued with a minimum reload of RM100 to the wallet or as determined by Instapay
(a) the Service or Transaction is in breach of any of provisions of these Terms and Conditions; or
(a) Instapay suspects the instructions may be fraudulently issued or determines that the use of the Service or Transaction poses a risk to the Platform System.
In using the Service, you shall:
(a) download and install the official App from the Google Playstore and/or Apple iOS store only and not from any other sources, failing which you shall be sole responsible for any losses or damages in relation thereto, including but not limited to any financial and/or information loss;
(b) be responsible for all equipment necessary to use the Service and App (including ensuring compatibility of your Mobile Device with the Platform System and any changes or upgrades thereof). If you download and install the App onto any illegally modified devices such as jailbroken device, rooted device or any device that has been altered in any way whatsoever, you shall be sole responsible for any losses or damages in relation thereto, including but not limited to any financial and/or information loss;
(c) keep your information related to your Accounts, including Personal Data, password and login information, confidential at all times and shall take all steps to prevent disclosure of such information and unauthorised access or use of your Account. You shall be solely responsible and liable for any use and misuse of your Account and all activities that occur under your Account;
(d) ensure that all information and data provided to Instapay including Personal Data are true, accurate, updated and complete at all times, and promptly update such information and data if there are any changes to the same. Instapay shall not be responsible and liable whatsoever and howsoever to you due to any inaccurate or incomplete information and data provided to Instapay;
(e) comply with all notices or instructions given by Instapay from time to time in relation to the use of the Service and App;
(f) 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 third parties including Participating Merchants in a timely manner;
(g) be fully responsible for any and all data transmitted or broadcasted from your Mobile Device whether by you or any other person;
(h) comply with all Applicable Laws relating to the Service;
(i) take all reasonable steps to prevent fraudulent, improper or illegal use of the Service;
(j)exercise all due care and diligence in the use and maintenance of the Account and Service;
(k)cease to utilise the Service or any part thereof for such period as may be required by Instapay;
(l) report immediately to Instapay, including lodging a police report and providing a certified true copy thereof whenever required by Instapay, upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to the Mobile Device and its use. Prior to Instapay’s receipt of your notice or instruction to suspend or terminate the Account and/or Service, you shall be liable for all transactions made and/or charges incurred in respect of the fraudulent, improper or illegal use of your Account and/or Service and/or arising from the theft or loss of your Mobile Device.
In using the Service, you shall not:
(a) fraudulently register an Account. If Instapay discovers that you are impersonating another person, Instapay shall be entitled to immediately terminate your Account and report such fraudulent activity to the relevant authorities;
(b) use the Service for any purpose which is against public interest, public order or national harmony or for any unlawful purposes, including but not limited to vice, gambling or other criminal purposes whatsoever or transmitting any content which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character or in any other manner which may result in complaints, claims, disputes, penalties or liabilities to Instapay;
(c) use the Service and/or the App to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person;
(d) hack into, access, tamper, breach or circumvent any authentication or security of any host, network or account of Instapay or its provider’s computer systems or interfere with service to any user, host or network, including, without limitation, sending a virus and causing excessive or disproportionate load on the Platform System;
(e) attempt to probe, scan or test the vulnerability of the Platform System or network or breach any security or authentication measures;
(f) copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer and/or otherwise make available any of the Service or any information obtained by you while using the Service or while accessing the App;
(g) remove, change and/or obscure in any way anything on the App and/or the Service or otherwise use any material obtained whilst using the App and/or the Service except as set out in these Terms and Conditions;
(h) copy or use any material from the App and/or the Service 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 Service;
(i) use any of Instapay’s trademarks, logo, URL or product name without Instapay’s written consent;
(k) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
(k) impersonate or misrepresent your affiliation with any person;
(l) attempt to receive funds from Instapay and/or any Participating Merchant or other third party for the same transaction by submitting similar claims;
(m) use an anonymizing proxy while registering an Account;
(n) control an Account that is linked in any way to another Account that has or suspected to be engaged in any prohibited or restricted activities under these Terms and Conditions;
(o) manipulate or exploit Instapay’s promotional campaigns or activities or other Service in anyway which Instapay may deem as improper, irregular or dishonest;
(p) use the Service dishonestly or in bad faith or with malicious intent.
If you wish to update your profile and Personal Data, including but not limited to, mailing address, contact details, phone numbers, email address, and other personal particulars, you may do so by contacting Customer Service. Instapay may from time to time first verify your identity through the security protocols established by Instapay (as may be changed from time to time at Instapay’s sole and absolute discretion) before your profile and personal information can be updated. You shall at all times keep all your passwords and security codes, security questions, security answers (including but not limited to those used for verification and authorisation purposes and for access into your Account) secret and you shall use all reasonable precautions to prevent disclosure of the same to any unauthorised person, or third party. Instapay shall not be responsible and shall not be liable for any loss suffered or in relation to the transactions on your Account or for any unauthorised transactions under your Account if you disclose any of your passwords, security codes, security questions, security answers or any of your personal details to unauthorised parties or third parties.
User’s Responsibilities for Other Services
5.4.1 Cash Deposit via Cash Deposit Machine (CDM)
(a)Cash Deposits can only be made into Cash Deposit Machines of Public Bank, RHB or any other Bank as listed in Instapay App.
(b)All deposits must be made in accordance with Instapay’s procedures and/or processes as determined by Instapay from time to time.
(c)All Deposits submitted by 5pm will be credited to the customer’s e-wallet within the same day and submission after 5pm will be credited the next day.
(d)The Depositor must ensure that the amount deposited will not cause his wallet balance to exceed the wallet limit of RM5,000 or as specified for his Instapay wallet. In such case, Instapay will not be able to credit funds into his wallet.
(e)Instapay shall have the right to decline any deposit transaction in the event such procedures and/or process are not complied with.
(f)The Depositor assumes full responsibility for the correctness of bank account details and amount deposited at the Cash Deposit Machine.
5.4.2Exclusion of Liability for Cash Deposit via Cash Deposit Machine (CMD)
(a)Instapay will not be liable for any losses caused by system glitches, technical error or other operational issues encountered by the Banks involved in the provision of the Cash Deposit Services.
(b)In the event that you have a dispute with the Bank, you hereby release Instapay and its affiliates (and its officers, directors, agents, subsidiaries, joint ventures and employees and those of its affiliates) from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such dispute.
Instapay reserves the right to make any alteration or changes to the App and/or Service or any part thereof, or suspend or terminate the App and/or Service or any part thereof, without prior notice, in which event Instapay shall not be liable for any loss or inconvenience to you or any third party resulting therefrom except where the App and/or Service shall be permanently terminated any Available Balance shall be returned to you.
Unless otherwise notified by you, you agree that Instapay may send you notifications relating to promotional and marketing activities from time to time. You may opt out from receiving any promotional or marketing messages from Instapay by unsubscribing via email or contacting Customer Service.
Instapay may run campaigns, contests or promotions in relation to the Service 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.
Instapay may request for additional information or documentation from you for the purposes of verifying your identity or providing you the Service. You agree that you will provide such information and/or documentation promptly to Instapay upon request.
Notwithstanding anything in these Terms and Conditions, Instapay may immediately change the procedures or mode of operation of the Service without giving any reason or notice to you.
You acknowledge that the App, Platform System and Service and all Intellectual Property Rights in relation thereto belong to Instapay or its licensors. All rights are expressly reserved.
Notwithstanding any provisions therein, nothing on the App and/or the Service shall be construed as conferring any license or other transfer of rights to you of any intellectual property or other proprietary rights of Instapay, other than the limited right to use the App and/or Service in accordance with these Terms and Conditions.
(a) the refund process shall be subject to the merchant’s refund policy and any terms and conditions imposed on such refund;
(b) your Account must be active at the time of refund process; and
(c)in the event your Account Balance shall exceed the applicable Account Limit after the completion of the refund process, the refund process will automatically fail. You will then be required to request for a different refund method or process from the merchant.
Instapay and its officers shall comply in all material respects with all Applicable Laws governing the Service.
Instapay acknowledges that the document or information collected by Instapay relating to your affairs or Account as a customer of Instapay will be only used and/or disclosed in accordance with the secrecy provisions under the Financial Services Act 2013.
Without limiting the generality of the foregoing, to the extent required by the AML/CFT Legislation, Instapay shall (i) maintain an anti-money laundering and anti-terrorism financing compliance program that is in compliance, in all material respects, with the AML/CFT Legislation, (ii) conduct, in all material respects, the due diligence required under the AML/CFT Legislation in connection with the use of the Accounts, including with respect to the origin of the funds used by Users to Reload their Accounts, and (iii) maintain sufficient information to identify you for purposes of compliance, in all material respects, with the AML/CFT Legislation.
You may, at any time, terminate use of the Service or your Account by giving notice of such termination by contacting Customer Service. Subject to Clause 12.4 below, if you have any Available Balance in the Account, you must ensure that you provide to Instapay the correct bank account details and any other information as may be required by Instapay to enable Instapay to process the termination of your Account and refund the Available Balance to your bank account within twelve (12) Business Days provided that all transactions with any relevant third parties (e.g. merchants) having been first settled. If you do not have any Available Balance in your Account, your Account shall be deemed terminated immediately upon receipt of your termination notice by Instapay. Instapay shall not be liable for any losses or damages suffered by you due to any incorrect banking information provided by you. Any refund to a foreign bank account shall be subject to the prevailing foreign exchange transfer rate of the Bank or the relevant foreign bank and any other charges which may be imposed by the Bank, the relevant foreign bank, and/or incurred in effecting the refund.
Without prejudice to its other rights and remedies, Instapay shall be entitled to immediately suspend or terminate your use of the App or Service (or any part thereof) and your access to your Account, with or without any notice to you, upon the occurrence of any of the following events:-
(a) if in the opinion of Instapay, there is dishonesty, suspected fraud, illegality, criminality or misrepresentation in the conduct of your Account or your use of the Service;
if you are in breach of, or Instapay has reasonable grounds to believe that you have breached, any of the provisions of these Terms and Conditions, the terms and conditions of the General Terms of Use and/or any applicable terms and conditions of any new services as may be provided by Instapay from time to time, or have engaged in any conduct prejudicial to Instapay or, if in the opinion of Instapay, your acts are prejudicial to Instapay’s interests;
(c) if it has come to Instapay’s attention of any irregular, suspicious or unauthorized activity on your Account;
(d) if you are in breach of any Applicable Law;
(e) if you have submitted false documents or have declared false information during your application for the Service;
(f) if any information provided by you is untrue, inaccurate, not current or incomplete in the course of using the Service;
(g)if you have acted in bad faith or with malicious intent in using the App and/or Service;
(h) if your name is listed under any regulatory watchlist (including but not limited to listing related to terrorism and terrorism financing under the AML/CFT Legislation);
(i) if you fail to provide any additional information which Instapay may request from you from time to time in accordance with these Terms and Conditions; and/or
(j) where Instapay has reserved such right to suspend and/or terminate your Account under any other provisions of these Terms and Conditions.
If your Account is terminated by Instapay pursuant to Clause 12.2 above, Instapay shall not be obliged to refund the Available Balance (if any) to you until and unless clearance has been obtained from the relevant authorities, if applicable. Instapay reserves the right to take any action against you as may be deemed necessary or as may be required under Applicable Laws or by the relevant authorities.
In the event your Account is ceased, terminated or suspended by Instapay due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any Applicable Law, you shall not be entitled to obtain any refund of the monies and all reload monies whatsoever in your Account and it shall be lawful for Instapay to retain such monies 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 Instapay.
Upon termination of your Account (howsoever occasioned), save for any obligations which are expressed to survive, each Party’s further rights and obligations shall cease immediately, provided that such termination shall not affect a Party’s accrued rights and obligations as at the date of such termination.
If Instapay detected unusual, irregular, suspicious, unauthorised or fraudulent activity on your Account, Instapay may suspend and/or terminate the Account immediately as security or precautionary measures (with or without prior notice to you) until Instapay has verified the activity accordingly. If Instapay decides to suspend and/or terminate the Account, Instapay will attempt to notify you via phone or electronic mail or any other means of communication. You agree not to use or attempt to use a suspended, terminated or otherwise invalid Account. Such action taken by Instapay will not affect your rights and obligations pursuant to these Terms and Conditions. If Instapay has terminated your Account through no fault of yours, you will be entitled to a refund of any Available Balance as provided in these Terms and Conditions.
If you do not log in to your Account for more than six (6) months, and there is no Available Balance in your Account, Instapay may in its sole and absolute discretion treat your Account as dormant and may suspend your Account.
If you key in the wrong credentials as required, it may result in your access to the App being suspended. To reactivate your access to the App, you can reactivate via the “Forgot Password” button.
If your Account is suspended for any reason, you should contact Customer Service to reactivate your Account. Instapay may reactivate your Account at its sole and absolute discretion and subject to Instapay’s prevailing policies and procedures.
Instapay PROVIDES THE APP, PLATFORM SYSTEM AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. USERS AGREE THAT USE OF THE APP, PLATFORM SYSTEM AND SERVICE IS AT THEIR SOLE RISK. OTHER THAN WARRANTIES EXPLICITLY PROVIDED UNDER THESE TERMS AND CONDITIONS, Instapay HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, (II) FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (III) SECURITY, RELIABILITY, PERFORMANCE AND ACCURACY OF THE SERVICES, AND (IV) THAT THE APP, PLATFORM SYSTEM AND SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Instapay OR THROUGH THE APP, PLATFORM SYSTEM AND SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You shall be solely responsible for any and all consequences of use or misuse of your Account, login credentials, and/or security credentials. You shall be responsible for all losses and payments (including the amount of any transaction carried out without your authority) due to your negligence or where you have acted fraudulently. For the purposes of this Clause, negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions.
However, you will not be liable for any losses caused by system glitches, technical error or other operational issues encountered at Instapay, merchants or other relevant parties involved in the provision of the Service.
You acknowledge that Instapay may use third party suppliers to provide hardware, software, networking, connectivity, storage, payment gateway or processing and other technology in order to provide the App, Platform System and/or Service. The acts and omissions of those third party suppliers may be outside of Instapay’s control, and Instapay does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
Instapay has no responsibility whatsoever for any arrangements you make with any third party (including merchants, third parties or other Users) as a result of your use of the Service. You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. In the event that you have a dispute with one or more other Users or third parties, you hereby release Instapay and its affiliates (and its officers, directors, agents, subsidiaries, joint ventures and employees and those of its affiliates) from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such dispute.
Instapay shall not be liable or responsible to you and/or to any other third parties for any costs, loss or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the Service including but not limited to:-
(a) your Account being hacked and/or theft of your login credentials and/or security credentials; and
(b) any resulting dispute between you and Participating Merchants or third parties over any issue, including but not limited to, issues relating to quality, merchantability, fitness for use, quantity or delivery.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Instapay BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES OR LOSSES OF ANY KIND IN ANY MANNER IN CONNECTION WITH OR ARISING OUT OF THESE TERMS AND CONDITIONS OR THE USE OF THE APP, PLATFORM SYSTEM OR SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT Instapay 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 Instapay’S LIABILITY FOR ANY CLAIM OR DAMAGES HEREUNDER EXCEED THE AGGREGATE AMOUNT OF RINGGIT MALAYSIA FIVE THOUSAND OR AN AMOUNT EQUIVALENT TO YOUR ACCOUNT LIMIT, WHICHEVER IS LESSER.
You hereby agree to indemnify Instapay and its affiliates (and its officers, directors, agents, subsidiaries, joint ventures and employees and those of its affiliates) (“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 your use of the App, Platform System and/or Services and/or your non-performance or violation of your duties and obligations under these Terms and Conditions 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 awarded against any of the Indemnified Parties arising from such claims, and shall provide Instapay 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.
You hereby agree that if Instapay initiates legal proceedings against you because of a default under these Terms and Conditions, you shall be liable to indemnify Instapay all legal costs (including costs on a solicitor and client basis), other costs, charges and expenses which Instapay may incur in enforcing or seeking to enforce any of the provisions of these Terms and Conditions 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.
Without limiting the generality of any provision in these Terms and Conditions, Instapay 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 Instapay has no control over or any cause outside Instapay’s reasonable control.
The Service may occasionally be affected by interference caused by causes or objects beyond Instapay’s control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion in the Platform System. In the event of such interference, Instapay shall not be responsible for any inability to use or access the Service, or interruption or disruption of the Service.
These Terms and Conditions 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.
No delay, neglect or forbearance on the part of Instapay in enforcing against you any provision of these Terms and Conditions shall either be or deemed to be a waiver or in any way prejudice any right of Instapay hereunder.
If any provision of these Terms and Conditions 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 these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provision of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
These Terms and Conditions and all rights and obligations thereof are not assignable, transferable or sub-licensable by you without Instapay’s prior written consent. Instapay may transfer, assign or delegate these Terms and Conditions and its rights and obligations thereof without prior notice to or consent by you.
All rights and obligations under these Terms and Conditions are personal to you. A person who is not a party to these Terms and Conditions shall have no right to enforce any provision of these Terms and Conditions.
Irrespective of the country from which you access or use the App, Platform System and/or Service, to the extent permitted by law, these Terms and Conditions and your use of the App, Platform System and/or Service shall be governed in accordance with the laws of Malaysia without regard to choice or conflicts of law principles, 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 these Terms and Conditions.
All notices, requests and/or other communications to be given by Instapay to a User under these Terms and Conditions may be either by:-
Instapay Technologies Sdn. Bhd.
23A-16, Q Sentral, Jalan Stesen Sentral 2,
Jalan Stesen 2, KL Sentral
50470 Kuala Lumpur
Malaysia
E-mail: connect@instapaytech.com
Bank Negara Malaysia
Laman Informasi Nasihat dan Khidmat (LINK)
Ground Floor, D Block
Jalan Dato' Onn
50480 Kuala Lumpur
Malaysia
Contact Centre (BNMTELELINK)
Tel : 1-300-88-5465
(Foreign: 603-2174-1717)
Fax: 603-2174-1515
E-mail: bnmtelelink@bnm.gov.my /a>
Ombudsman for Financial Services (664393P)
(formerly known as Financial Mediation Bureau)
14th Floor, Main Block, Menara Takaful Malaysia
No. 4, Jalan Sultan Sulaiman
50000 Kuala Lumpur
Telephone no.: 03-2272 2811
Fax no.: 03-2272 1577
Email address: enquiry@ofs.org.my
