Last Updated: [17/12/2019]
“Account” means an electronic wallet account created by or for a Cardholder in relation to the use of the Card subject to the E-Wallet Terms and Conditions;
“Account Limit” means the applicable 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 E-Wallet Terms and Conditions;
“Activation” means the point in time when the Card is activated for use in accordance with such prescribed method determined by Instapay from time to time;
“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 “Instapay” or such other name as may be determined by Instapay from time to time, downloaded onto and run on Mobile Device;
“Available Balance” means the amount of money which is standing in credit in an Account which is available for use subject to the applicable Account Limit and Daily Transaction Limit;
“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;
“Card” means any prepaid card in a physical form described as Instapay Prepaid MasterCard issued by Instapay pursuant to this Cardholder Agreement;
“Card Limit” means the applicable maximum amount of money that can be stored in an Account at any point in time;
“Cardholder Agreement” means this cardholder agreement, as may be varied or modified from time to time at Instapay’s sole discretion;
“Cardholder” or “you” or “your” means such person who has applied for and issued a Card by Instapay;
“Contactless Reader” means the point-of-sale reader device where the Card may be used to execute Contactless Payments by tapping or waving the Card on or against such point-of-sale reader device;
“Contactless Payments” refers to transactions for purchase of goods and/or services that are successfully carried out and charged by a Cardholder to his Account and which are executed by tapping or waving the Card on a Contactless Reader;
“Customer Service” means Instapay’s customer service agent which can be contacted via our phone number 1300 13 5678 or email address: firstname.lastname@example.org;
“Daily Transaction Limit” means the daily limit imposed on Payment in any one (1) calendar day pursuant to Clause 8.5 below;
“E-Wallet Terms and Conditions” means the terms and conditions governing the use of your Account;
“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;
“KYC” means Know Your Customer process as determined by Instapay from time to time;
“Manual Reload” means the feature in the App which allows Cardholders 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 used by a Cardholder to access and/or use the Account;
“Parties” means collectively Instapay and you, and reference to a “Party” means any of them;
“Payment” means payment transactions using the Card wherever a MasterCard card is accepted;
“Personal Data” means information that relates directly or indirectly to a Cardholder, 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 Card;
“Platform System” means technological system underlying the App used by Instapay to provide the Card and/or Account;
“Reload” means the deposit of money into a Cardholder’s Account (subject to the Account Limit) via the Reload / Payment Channels to enable him to use your Card;
“Reload / Payment Channels” means such channels (including but not limited to the relevant service counters, and Manual Reload) designated by Instapay for Cardholders to make Reload and/or Payment transactions;
“Site” means Instapay’s website at https://www.instapaytech.com;
“Transactions” means such transactions effected through the use of the Card, including but not limited to Payment, Withdrawal and Reload;
“Withdrawal” means withdrawal of cash from a Cardholder’s Account using the Card, whether via automated teller machines (ATM) or over-the-counter channels.
In this Cardholder Agreement, 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 Cardholder Agreement 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 Cardholder Agreement;
(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).
By applying for a Card and/or by retaining or using the Card, you warrant and represent to Instapay that (i) you are at least eighteen (18) years of age; (ii) you are a Malaysian citizen or a Malaysian permanent resident or a foreigner legitimately residing or gainfully employed and who has a valid mailing address in Malaysia; and (iii) all of the Personal Data provided by you to Instapay is true, correct and complete. You must have a mailing address in Malaysia to enable Instapay to process and approve your application. Mailing addresses outside Malaysia and addresses bearing P.O. Box numbers will be rejected.
To apply for a Card, you will be required to apply directly with Instapay by registering for an Account in accordance with the E-Wallet Terms and Conditions, and provide all relevant information (including Personal Data) and documents (such as copy of identity card, passport, proof of employment, proof of mailing address, etc) as Instapay may require to undertake KYC to process your application. Instapay may introduce other channels for application of the Card from time to time (e.g. authorised sales channels or sales booths).
As part of the signing-up process, Instapay may in its sole discretion conduct a standard Customer Due Diligence, may 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.
Instapay reserves all rights to refuse, reject and/or decline any application of the Card at its sole and absolute discretion without assigning any reason whatsoever, and Instapay’s decision shall be final, conclusive and cannot be disputed.
The Card is valid for the duration as stated on the face of the Card which may be three (3) to five (5) years. After the expiry of the Card and if you remain eligible to use the Card, you will be issued with a new Card unless otherwise instructed by you or as otherwise determined and/or declined by Instapay.
Instapay reserve the right to decline any renewal of Card or request for replacement of Card at its sole and absolute discretion without assigning any reason whatsoever, and Instapay’s decision shall be final, conclusive and cannot be disputed.
You will be assigned the following product upon successful registration:
|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:
|Instapay Account||RM5,000 (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)|
(a) presenting your Card at MasterCard participating institutions together with evidence of your identification and signing the necessary transaction record; or
(b) using your Card at ATMs under the MasterCard payment network or the ATM of any other bank or institution carrying the MasterCard logo with whom Instapay has an arrangement(s) for the use of the ATM of the said bank or institution, in which case the withdrawal shall be subjected to the withdrawal limit imposed by Instapay or the relevant bank, whichever is lower.
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 will also be required to pay administration costs at such rates/fees as shall be determined by Instapay and/or MasterCard.
(a) (a) ensure that the transaction amount is correct before making any transaction using your Card by entering your PIN or other identifying number or password;
(b) keep your information related to your Card and Account, including Personal Data, password and login information, confidential at all times and shall take all steps to prevent disclosure of such information and authorised access or use of your Card and Account. You shall be solely responsible and liable for any use and misuse of your Card and Account and all activities that occur under your Card and Account;
(c) 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;
(d) comply with all notices or instructions given by Instapay from time to time in relation to the use of the Card;
(e) be responsible and liable for all usage of and all payment of the fees, charges, taxes and duties for using the Card, 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 of Malaysia relating to the Card, including but not limited to BNM’s rules, regulations or directives, Financial Services Act 2013 and AML/CFT Legislation;
(g) take all reasonable steps to prevent fraudulent, improper or illegal use of the Card;
(h) exercise all due care and diligence in the use and maintenance of the Card;
(i) cease to utilise the Card or any part thereof for such period as may be required by Instapay;
(j) 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 Card and its use. Prior to Instapay’s receipt of your notice or instruction to suspend or terminate the Card, you shall be liable for all transactions made and/or charges incurred in respect of the fraudulent, improper or illegal use of your Card and/or arising from the theft or loss of your Card.
(a) use the Card to purchase illegal goods or services, for online betting and/or gambling activities or to use it for any unlawful and/or fraudulent activities;
(b) use the Card for business and/or commercial purposes which are deemed to be unacceptable by Instapay, in which case Instapay shall be entitled to block, suspend or terminate the Card and/or Account;
(c) fraudulently apply for a Card. If Instapay discovers that you are impersonating another person, Instapay shall be entitled to immediately terminate your Card and/or Account and report such fraudulent activity to the relevant authorities;
(d) attempt to receive funds from Instapay and/or any merchant or other third party for the same transaction by submitting similar claims;
(e) use an anonymizing proxy while applying for the Card;
(f) use the Service dishonestly or in bad faith or with malicious intent.
(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.
ordinary mail to your last known address in Instapay’s records;
short message service (SMS) or email to your telephone number or email address registered with Instapay;
published on the App or Site; and/or
published in national daily newspapers in the main languages, circulated generally throughout Malaysia, and shall be deemed notification upon posting/publication.
Instapay Technologies Sdn. Bhd.
Unit 26-6, Q Sentral,
Jalan Stesen 2, KL Sentral
50470 Kuala Lumpur
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
Telephone no.: 03-2272 2811
Fax no.: 03-2272 1577
Email address: email@example.com