Last Updated: [17/12/2019]

  1. GENERAL

    1. This document constitutes the agreement between Instapay and you outlining the terms and conditions under which a Card has been issued by Instapay to you and by which you as a Cardholder is and will be bound. The issuance and use of the Card is further governed by, without limitation, the Financial Services Act 2013 of Malaysia, Bank Negara Malaysia Foreign Exchange Administration Rules, Unclaimed Money Act 1965 of Malaysia and AML/CFT Legislation.
    2. By applying for a Card or otherwise using a Card, you acknowledge that you have read and fully understood this Cardholder Agreement prior to using the Card issued to you, and hereby agree to unconditional accept the terms and conditions of this Cardholder Agreement as may be amended by Instapay from time to time. If you do not accept the terms and conditions of this Cardholder Agreement, please do not accept, use or continue to use the Card.
    3. Subject to the limitations by applicable laws, Instapay reserves the right at its sole and absolute discretion, from time to time, to vary, add to, delete or otherwise amend this Cardholder Agreement or any part thereof giving a notice of 21 days prior to any such change. You should periodically visit this page to review the current terms and conditions of this Cardholder Agreement so that you are aware of any revision by which you are bound. In the event of any changes to this Cardholder Agreement, will either notify you via e-mail to your email address registered with or post the changes on this page and update the “Last Updated” date at the top of this page as the effective date of change. However, any changes will not apply retrospectively. Your continued use of the Card after the effective date of any variation, addition, deletion or amendments to this Cardholder Agreement shall constitute your unconditional acceptance of such variation, addition, deletion or amendments.
    4. The use of certain features of the Card may be subject to additional terms, rules, policies or codes of conduct as determined by from time to time, and you will be required to comply with the same in using them. All such additional terms, rules, policies or codes of conduct are hereby incorporated by reference into this Cardholder Agreement.
    5. When you use the Site or App, the General Terms of Use and Privacy Policy shall apply in addition to and not in substitution for any terms and conditions contained in this Cardholder Agreement.
    6. may, at its sole and absolute discretion, provide you with new services or benefits in relation to the Card from time to time, and these new services or benefits will be governed by this Cardholder Agreement and the terms and conditions of the relevant new services.
    7. This Cardholder Agreement is also available in the Bahasa Malaysia language. In the event of any inconsistency, conflict, ambiguity or discrepancy between the English version and the Bahasa Malaysia version or any other language version of this Cardholder Agreement, the English version of this Cardholder Agreement shall govern.
  2. DEFINITIONS AND INTERPRETATION

    1. In this Cardholder Agreement, the following words and expressions have the following meanings unless inconsistent with the context or stated otherwise:

      “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: connect@instapaytech.com;

      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;

      Privacy Policy” means the privacy policy provided by Instapay as published on the App, Site or otherwise presented to a Cardholder, which sets out how Personal Data of users of Instapay’s services (including Cardholders) will be collected, used and shared;

      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.

    2. 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).

  3. INSTAPAY PREPAID MASTERCARD CARD

    1. The Card is a reloadable prepaid card. The Card allows you to access funds loaded or deposited to your Account by you or on your behalf. The Card is not a credit card nor is it a gift card or intended for gifting purposes. You will not receive any interest or profit on your funds on the Card or Account. The funds in your Account will not expire, regardless of the expiration date on the front of your Card.
    2. The Card is only available for those who are aged 18 years and above, who are Malaysian citizens or Malaysian permanent residents or foreigners legitimately residing or gainfully employed and who have a valid mailing address in Malaysia. If you do not satisfy these criteria, you are not eligible for the Card.
  4. APPLYING FOR THE CARD

    1. 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.

    2. 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).

    3. 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.

    4. 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.

  5. DELIVERY AND ACCEPTANCE OF THE CARD

    1. If your application has been approved, you choose to (i) collect your Card personally directly from Instapay by presenting your original identification documents, or (ii) request for your Card to be delivered to you, in which case please ensure that you have provided your current and correct mailing address in your application details to avoid your Card being sent to the wrong address. Instapay shall not be responsible if you have not received your Card or if your Card is delivered to a wrong address due to erroneous, incomplete or not up-to-date details provided to Instapay. Instapay shall further not be responsible if your Card has been mailed to your mailing address as stated in your application details or in Instapay’s records but you have not received your Card for any reason.
    2. Once you have collected or received your Card, you must sign on the signature panel on the back of the Card. However, whether you have signed the Card or not, you shall remain fully responsible for complying with all the terms and conditions of this Cardholder Agreement and you shall be bound by them in connection with your use of the Card. We shall further not be responsible nor liable to you for any discrepancy between the signature appearing on the Card and the corresponding sales slip or if for any reason(s) any transaction conducted with the Card is not accepted. You agree and understand that any discrepancy between the signature appearing on the Card and the corresponding sales slip shall not by itself be a ground for disputing the validity of the sales transaction.
    3. Your Card is and shall at all times remain the property of Instapay and shall be surrendered to Instapay immediately upon Instapay’s request and may be repossessed by Instapay at any time.
  6. USE OF THE CARD

    1. You may only use the Card upon receiving the Card and upon Activation, and strictly in accordance with this Cardholder Agreement.
    2. All Cards are issued with contactless functionality and are MasterCard PayPass enabled. Once your Card is activated and subject to your Available Balance, you may use the Card to purchase goods and services worldwide wherever a MasterCard card is accepted and also to access cash at ATMs or financial institutions displaying the MasterCard name and/or logo. Each time you use the Card to purchase goods or services, you authorise Instapay to deduct your funds from your Account.
    3. You should regularly review your Account to check and verify your Available Balance before using your Card. You must always ensure that there are sufficient funds in your Account to pay for each transaction using the Card and to cover the total amount transacted on your Account, including purchases, recurring transactions, cash withdrawals, fees and other charges. If the Available Balance is insufficient, your transaction will be declined. If your Card or Account has been blocked, suspended and/or to terminated by Instapay in accordance with the terms of this Cardholder Agreement and/or the E-Wallet Terms and Conditions (whether with or without prior notice to you), your transactions using the Card will be declined.
    4. Notwithstanding anything stated herein, Instapay shall not be responsible for the refusal of any merchant, member institution of MasterCard or third party to honour or accept your Card.
    5. All transactions conducted with your Card will only be reflected and posted to your Account after they have been submitted by the respective merchants or acquiring banks and processed by the MasterCard payment network to Instapay.
    6. You are the only person authorised to use your Card and have access to the funds in your Account. If you permit another person to have access to your Card, Card number and/or Account, you are liable for all transactions made with or through your Card, Card number or Account. You are wholly responsible for the use of your Card according to the terms of this Cardholder Agreement, subject to Clause 22 below, and other applicable laws.
    7. Your Card is not transferable nor assignable to any third party and shall be exclusively used by you. Your Card cannot be pledged or used in any manner by you as any form of security instrument for any purpose whatsoever. You shall not give the Card or your Card number to other third parties or allow them to use it for charges, identification or any other purpose. If you do so, you will be liable for all charges made with the Card as a result thereof.
  7. VALIDITY OF THE CARD

    1. 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.

    2. 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.

  8. CARD Limit and Daily Transaction Limit

    1. Your Card Limit will equal to your Account Limit and the funds which can be used on or through your Card will be limited to the Available Balance at the time of use.
    2. 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

    3. Your Account Limit is as follows:

      Product Account Limit
      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)

    4. When your Available Balance fall below your Account Limit, you may Reload your Account via Reload / Payment Channels or Manual Reload up to your Account Limit. By linking your credit and/or debit card to your Account, you shall be solely responsible and liable for all Reload(s) that may occur.
    5. You can make Payment by using your Card subject to the applicable Daily Transaction Limit. Please refer to Product FAQ on www.Instapaytech.com for transaction limits applicable to you.
    6. The imposition of Account Limit and Daily Transaction Limit is to avoid any fraudulent, illegal or unlawful transactions including but not limited to breaches of regulation and guidelines under the Financial Services Act 2013 of Malaysia and AML/CFT Legislation.
    7. ]You may view your transaction history up to the previous thirty (30) days via the App. You should regularly review your transaction history to ensure that there have not been any unauthorised use of your Card. A hardcopy of the transaction history is available upon request with Instapay subject to payment of any applicable fee chargeable for such request. All entries in the transaction history are deemed true and accurate unless you inform Instapay of any error, exception, dispute or unauthorised transaction within thirty (30) days from the date of the transaction. If Instapay 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.
    8. By applying for a Card or otherwise using a Card, you authorise Instapay to rely and act upon all communications and instructions given by you in relation to the use of the Card. An instruction will only be accepted by Instapay if you have satisfied the prescribed security criteria as determined by Instapay from time to time. In giving instruction to Instapay, you ensure that any and all instructions are accurate and complete, failing which Instapay shall not liable for any losses or damages in relation thereto.
    9. Notwithstanding anything contained in this Cardholder Agreement, Instapay may reject any of your instructions relating to the use of the Card or any Transaction, if:-
      • the use of the Card or Transaction is in breach of any of provisions of this Cardholder Agreement; or
      • Instapay suspects the instructions may be fraudulently issued or determines that the use of the Card or Transaction poses a risk to the Platform System.
  9. RELOADING THE CARD

    1. Instapay reserves the right to impose limits on the amount that can be reloaded on your Account or a minimum reload amount for each Reload transaction or as may be required by law. You cannot reload your Account in excess of the applicable Card Limit or Account Limit which has been stipulated and approved for your Card or Account. Instapay shall not be responsible or held liable for any disputes (or loss) in relation to any excess funds if you attempt, have attempted or actually reloaded in excess of the maximum Card Limit or Account Limit, and Instapay reserves the right to take any action that it deems necessary, including blocking, suspending and/or terminating your Card or Account, or debit your Account for any funds which have been reloaded excessively or erroneously, if Instapay finds that you have persistently attempted to do so, despite the Card Limit or Account Limit.
    2. In the event of any excess funds reloaded by you, Instapay will either refund the excess amount by cheque or by depositing it into your bank account (provided you have given us your banking account details) or via other channels as determined by Instapay or credit the same back into your Account when your Available Balance has decreased sufficiently at Instapay’s sole and absolute discretion and in accordance with its internal policies. However, even if you have for any reason reloaded your Account in excess of the Card Limit, you can only transact and use the Card up to the maximum of the Card Limit.
    3. All Reloads shall not be considered to have been made until all relevant funds have been received and processed as good value by Instapay. Instapay not be responsible for any delay in reloading of funds into your Card or Account where such delay is not attributable to Instapay’s fault.
    4. Please refer to the App or Site for a list of authorised Reload / Payment Channels, as may be revised from time to time. Reload / Payment Channels operated by Instapay’s authorised agents or partners may charge a fee for reloading through them.
    5. Instapay reserves the right to accept or reject any request to reload your Card or Account, including to suspend, revoke and/or block any reloads to your Card or Account which Instapay may in its opinion deem irregular, suspicious, illegal or unauthorised, in which case Instapay shall be entitled to take any action against you as it deems, including blocking, suspending and/or terminating your Card and/or account.
  10. INTERNET TRANSACTIONS

    1. If you use your Card to purchase goods and/or services through online internet sites or portals, you shall be solely responsible for the security of such use at all times. You agree that the entry of your Card information on the internet shall be sufficient proof of the authenticity of such instructions. Instapay is under no obligation to verify the identity or the authority of the person entering your Card information and Instapay shall not be liable for acting on such use of your Card regardless of whether the person is authorised or unauthorised and regardless of the circumstances prevailing at the time of the transaction. However, Instapay reserves the right not to process any such transaction over the internet if it has any reason to doubt its authenticity or if, in its opinion, it is suspicious in nature, unlawful or otherwise improper to do so or for any other reason.
    2. Notwithstanding the above, Instapay reserves the right to block, suspend or decline any Transaction at its sole and absolute discretion. For all transactions processed via two factor authentication mechanism, Instapay shall not entertain any disputes from you with regards to the fact that you 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, Instapay 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. You may require 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 authentication for online transactions.
  11. ATM TRANSACTIONS AND PERSONAL IDENTIFICATION NUMBER (PIN)

    1. For the purposes of effecting cash withdrawal using the Card at any ATM under the MasterCard payment network, you must use your 6-digit PIN. You may set and change the PIN through the App or any other prescribed method as determined by Instapay from time to time.
    2. The PIN is strictly confidential and you should never disclose your PIN to any person under any circumstances or by any means whatsoever. You should not keep any written record of your PIN at any place or in any manner which may enable a third party to have access to it and/or make use of your Card. Failure to comply with this requirement will expose you to the consequences of theft and/ or unauthorised use of your Card, for which Instapay will not be in any way be responsible or liable to you. You shall hold Instapay free from all claims and liabilities from all parties whomsoever arising from the use of your PIN whether authorised or otherwise.
  12. CONTACLESS PAYMENT

    1. Contactless Payment allows you to pay amounts up to RM250.00 (Ringgit Malaysia Two Hundred Fifty) only per transaction without entering your PIN on applicable Contactless Readers. You can pay at applicable Contactless Readers which are contactless enabled. You cannot use the Card’s contactless functionality or make Contactless Payment 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 also cannot be tokenised on Mobile Device for any forms of Contactless Payments.
    2. The first time you make a Contactless Payment, you will be required to enter your PIN. Subsequently, you can pay amounts up to the prescribed limit via the Card’s contactless functionality. However, after a number of payments, you may be asked to enter your PIN again for security reasons. When you make a Contactless Payment, you must check the amount and hold your Card against the Contactless Reader. The Contactless Reader will show whether the payment has been successful. When you tap, wave or touch your Card against the Contactless Reader, you are giving authorisation for the transaction to be charged to your Account and for funds to be deducted from your Account in respect of such transaction.
    3. Instapay may at its sole and absolute discretion require other prescribed method of activation and/or authentication procedures for Contactless Payment from time to time.
    4. If Contactless Payments are made after your Card has been lost or stolen, it will be treated in the same manner as stated in Clause 22 below.
    5. Any usage of a Card at any Contactless Reader, if and where permitted by Instapay, shall be subject to such terms and conditions as Instapay and MasterCard may agree from time to time.
  13. WITHDRAWAL

    1. You may make Withdrawal to obtain cash up to such amounts as may be determined by Instapay at its sole and absolute discretion from time to time in the following manners:

      (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.

    2. Any withdrawal made outside Malaysia will be in the currency of that particular country or jurisdiction. For all international transactions via ATM and/or any member institution of MasterCard, the exchange rates (if applicable) shall be the prevailing exchange rates which shall be determined by MasterCard and all such transactions shall not violate the laws existing in the country where the transactions are done. The use of your Card to obtain a cash withdrawal shall be deemed to constitute your agreement to pay all applicable fees and/or charges as prescribed from time to time. You cannot make ATM withdrawals in excess of the limits set by Instapay or the respective ATM networks. Notwithstanding the above, Instapay reserves the right to block, suspend or decline any cash withdrawal transaction at its sole and absolute discretion.
  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 will also be required to pay administration costs at such rates/fees as shall be determined by Instapay and/or MasterCard.

  15. CARDHOLDER’s Responsibilities

    1. In using the Card, you shall:

      (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;

    2. (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.

    3. In using the Service, you shall not:

      (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.

    4. 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 use of your Card) 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 Card and/or Account or for any unauthorised transactions under your Card and/or 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.
  16. Rights of Instapay

    1. If the Card is used in a manner other than as permitted by this Cardholder Agreement, to the extent permitted by law, Instapay may (but not obligated and without waiving any of its rights) recognise the transactions and debit or credit the Card accordingly. If Instapay found that your Card has been used for unlawful or fraudulent activities, Instapay shall be entitled to suspend, block and/or terminate the use of the Card immediately without prior notice to you. Notwithstanding anything stated in this Cardholder Agreement, Instapay does not owe you any duty or obligation whatsoever to monitor and block the use of the Card for any unlawful activities and Instapay reserves the right to block, suspend or decline any Transaction at its sole and absolute discretion.
    2. Instapay reserves the right to make any alteration or changes to the Card service or any part thereof, or suspend or terminate the Card 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 Card service shall be permanently terminated any Available Balance shall be returned to you.
    3. Instapay shall be entitled from time to time to contact you via electronic transmission (including, but not limited to email communication, telex, fax), short messaging service (SMS) or via telephone correspondence, and any other means of exchange communication in respect of, but not limited to, the confirmation of transactions, whether or not you transacted the same, status of your Card or Account, communication on promotions (and promotional items) for the Card, and for any other matters relating to the Card. The information in respect of any electronic transmission may be subject to certain time lags and/or delays. The features of any such notice may at any time be varied or discontinued by Instapay, with or without notice, at its absolute discretion.
    4. 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.
    5. Instapay may run campaigns, contests or promotions in relation to the Card 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.
    6. Instapay may request for additional information or documentation from you for the purposes of verifying your identity or providing you the Card service. You agree that you will provide such information and/or documentation promptly to Instapay upon request.
    7. Notwithstanding anything in this Cardholder Agreement, Instapay may immediately change the procedures or mode of operation of the Service without giving any reason or notice to you.
  17. SMS ALERT SERVICE

    1. Instapay may provide and/or implement a SMS Alert service (“Alert”) for your Card (subject to your Card being in good standing and/or not suspended or blocked). If Instapay implements this service, alert notifications will be sent via Short Messaging Service (“SMS”) at Instapay’s discretion based on pre-determined criteria(s) as follows: (a) first card usage alerts; (b) transactions alerts, both local and overseas, above a certain value; and (c) suspicious or irregular transaction alerts. The Alert service is subject to the terms of your agreement with your mobile phone service provider. You shall ensure that your mobile phone and number are able to receive text messaging both in Malaysia and overseas, and you shall be personally responsible for any fee imposed by your respective mobile phone service provider.
    2. Each Alert will not be encrypted and may include details pertaining to your Transaction(s). You are responsible for the security of your mobile phone. Instapay shall not be liable in any way to you (or any third party) should any Alert be viewed or accessed by persons other than you being the Cardholder. Instapay shall not be liable for any or all losses, damage, expenses, fees, costs (including legal costs on a full indemnity basis) that may arise, directly or indirectly, in whole or in part, from (a) the non-delivery, the delayed delivery, or the misdirected delivery of an Alert; (b) the non-receipt of an Alert; (c) inaccurate or incomplete content in an Alert; (d) reliance on or use of the information provided in an Alert for any purpose; or (e) any third party, whether authorised or not, obtaining your Card account information contained in the Alert by accessing the your mobile phone.
    3. An Alert does not constitute a record of the Account or Transaction to which it pertains. Instapay does not assume any additional responsibility or obligation in respect of the use of, or any transaction or eventuality involving, the Account. The Alert service does not free you from the responsibility of safeguarding the physical security and authorised use of your Card or Account, and it does not entail that Instapay will automatically be liable for any unauthorised Transaction(s) that may be charged to your Account. The Alert service may be subject to a fee and additional terms and conditions in addition and not in substitution to the terms and conditions contained herein.
  18. Intellectual Property

    1. You acknowledge that the App, Platform System and Card and all Intellectual Property Rights in relation thereto belong to Instapay or its licensors. All rights are expressly reserved.
    2. Notwithstanding any provisions therein, nothing by use of the App and/or the Card 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 Card in accordance with this Cardholder Agreement.
  19. Privacy

    1. You agree that by applying for a Card, registering an Account or otherwise using the Card, you are giving consent to Instapay that your Personal Data collected by Instapay from you will be used and/or disclosed in accordance with the Privacy Policy.
    2. You acknowledge and agree that in order for Instapay to provide you with the services, benefits, offers and privileges related to the Card, to manage your Card and Account, to facilitate the use of your Card and the processing of any transaction effected or to be effected through the use of your Card, the sharing, transfer, retrieval, updating and processing of your Personal Data as well as the creation of member profiles and user accounts and updating of personal details may occur between Instapay, our subsidiaries, associates, related corporations and affiliates, our 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 Instapay), payment network operators, and any other parties engaged by Instapay to enable or assist Instapay in the provision of services to you or to exercise or enforce Instapay’s rights hereunder and/or any other party whomsoever as Instapay may, to the extent at its sole and absolute discretion deemed fit and necessary, within and beyond Malaysia, as stated in the Privacy Policy, and you have consented to the same.
    3. Instapay may monitor and record all Transactions and communications that may take place between you and Instapay for Instapay's business purposes (including but not limited to quality control and training, prevention of unauthorised use of Instapay's telecommunication systems, ensuring effective systems operation and prevention and detection of crime).
    4. You agree and consent that Instapay may extract or use any Personal Data or any other data from your Account which may be required as evidence in court and/or to provide to relevant enforcement authorities when necessary in the event of a suspected and or proven misuse of the Card. Your agreement and consent under this Clause shall survive the termination of your Card and/or Account or your discontinuance of use of the Card and/or Account.
  20. FEES AND Charges

    1. By applying for a Card or otherwise using a Card, you agree and undertake to pay all fees arising out of and in connection with the use of your Card pursuant to this Cardholder Agreement, 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, charges for Reload, and such other fees and charges related to the Card as Instapay may prescribe from time to time. For full details of the fees and charges applicable for the Card, please refer to Fee & Charges published on the App, Site, Product Disclosure Sheet and/or enclosed with your application form or mailer when you receive your Card.
    2. Instapay reserves the right to impose or revise any charges or fees applicable to the Card or any features of the Card from time to time at its sole and absolute discretion. Any such revision will be communicated to Cardholders in advance via e-mail or published on the App and/or Site and will take effect from the stipulated effective date. If you do not accept the such charges or fees, please cancel the Card or do not use or continue to use the Card.
    3. If the issuance and supply of a Card under this Cardholder Agreement is taxable in accordance with the laws of Malaysia (including but not limited to Sales and Services Tax, Goods and Services Tax, etc), then Instapay reserves the right to levy such tax(es) at the prescribed rate and you agree to pay the amount of such tax(es).
  21. Disputed Transaction and Refund

    1. You are fully responsible for all products and services purchased when you make any payment using your Card, 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 your Card for the purchase of goods and services. You shall be fully responsible for ensuring that the transaction amount is correct. Instapay is further not responsible for the delivery, quality, safety, legality, fitness for purpose or any other aspect of the goods or services (including any defects or deficiency in any goods or services) purchased by you from any merchants using your Card.
    2. Instapay shall not be responsible to settle any dispute that you may have with any merchant for the goods or services purchased by you using the Card or the member institution of MasterCard concerned. You shall be responsible to contact the respective merchants for a refund for products or services purchased from them or the relevant member institution of MasterCard concerned. Instapay shall not be a party to such dispute nor shall Instapay be liable such dispute in any way.
    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) 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.

    4. If you discover any error or discrepancy in your Account, you must contact Customer Service within thirty (30) days from the date of the disputed transaction, failing which you shall be deemed to have accepted the accuracy of your Transaction. If it is revealed in the course of Instapay’s investigation that the disputed Transaction was indeed made in error, Instapay will refund the disputed sum directly to your Account upon completion of the investigation which will not exceed thirty (30) days from your complaint. However, Instapay reserves the right to not refund any disputed amount to you if Instapay believes in good faith that you have acted contrary to this Cardholder Agreement. In the event the investigations and verifications conducted by Instapay reveal that the disputed Transaction(s) was accurate, genuine and properly authorised by you, then you shall be liable for such disputed Transaction(s). In the event the investigations and verifications conducted by Instapay reveal that the disputed Transaction(s) was not genuine, dishonest, fraudulent or an abuse of process, you shall indemnify Instapay against all costs and expenses incurred by Instapay in the course of carrying out the investigations or verifications. Instapay’s findings in any investigation conducted in relation to your Card and/or Account shall be conclusive, final and binding on you and shall not be questioned or disputed.
    5. Notwithstanding the above, any refund by Instapay shall not, in and of itself, amount to completion of the investigation. Instapay may refund such sum to your Account based on preliminary investigation results. Upon the completion of full investigation, if it is discovered that you are not entitled to the refund, Instapay may, at its sole and absolute discretion, either adjust your Account and deduct the refunded sum from your Account or claim such sum from you.
    6. You agree and consent to the use by Instapay and/or its personnel or advisors of any information related to you or the particulars of the relevant Transaction(s) or your Account for the purpose of investigating any claim or dispute arising out of or in connection with the disputed Transaction(s). You further agree that in the event of a dispute or claim of any nature arising in respect of any Transaction, the records of the Transaction(s) generated by Instapay shall be used as a reference and shall be the sole basis of settling such dispute or claim. Your agreement and consent under this Clause shall survive the termination of your Account or your discontinuance of use of the Card and/or Account.
  22. LOST OR STOLEN CARD

    1. You shall be and remain liable to Instapay for any goods and services supplied by any merchants and cash withdrawals through the use of your Card whether or not you have authorised such usage. You shall use all reasonable precautions to prevent disclosure of your PIN to any unauthorised person or the loss, theft or unauthorised use of your Card.
    2. In the event of disclosure of your PIN to any unauthorised person or the unauthorised use of your Card or your Card is lost or stolen, you must immediately block your Card via the App or contact Customer Service. You should then send a confirmation in writing to Instapay. As a matter of prudence, Instapay recommends that you to lodge a police report immediately to substantiate your claim for any unauthorised transaction.
    3. Instapay may at its discretion request from you a copy of the police report confirming the incident, in which case if you are not able to provide Instapay with a copy of such police report, Instapay may not be able to proceed with its investigations and Instapay shall not be responsible or be held liable for any disputes or loss suffered by you in relation to any transactions incurred from unauthorised usage of your Card. You shall be and remain liable for all transactions incurred from unauthorised usage of the Card, where investigations made by Instapay or the police reveal that you are a party in the procurement of any merchandise or services from the merchants effected through the use of the Card by the use of any unauthorised person. You shall be liable for such unauthorised transaction before we receive written notification of the loss or theft. Instapay may at its sole and absolute discretion, resolve that your liability be limited to RM250.00 (Ringgit Malaysia Two Hundred Fifty) only provided you are not found to be negligent or have not acted fraudulently.
    4. Without prejudice to Instapay’s rights and notwithstanding that you may have exercised all reasonable precaution to prevent the loss or theft or unauthorised use of your PIN or your Card and that you have reported the loss or theft or unauthorised use thereof, you shall remain liable to Instapay if you have acted fraudulently or if you were involved in the procurement of goods or services supplied by any merchant, cash advance or ATM transactions through the use of your Card by any person or if you have failed to inform us upon discovering that your PIN or Card has been lost or stolen or used for purposes unauthorised by you.
    5. If you subsequently found the lost or stolen Card, you should not further use the Card and should cut it into half and dispose of it immediately or return the same to Instapay. You may request Instapay to issue a replacement Card but Instapay reserves its right at its sole and absolute discretion to accept or to refuse such request for any reason whatsoever. Instapay is under no obligation to issue a replacement Card automatically following its loss or theft.
    6. Any replacement Card will be subjected to a replacement card fee, unless waived by Instapay at its sole and absolute discretion. If Instapay approves your request for a replacement Card, and upon proper verification, Instapay will issue a new Card to you with a new account number. The Available Balance from your previous Account will be transferred to the new Account accordingly. If Instapay does not issue you a replacement Card for any reason, the Available Balance in your previous Account will be refunded to you (less any applicable fees and charges) after fourteen (14) Business Days via cheque or by depositing it into your bank account (provided you have given Instapay your banking account details) or in any other manner in accordance with Instapay’s internal policies. Such refund will be in Ringgit Malaysia.
  23. Legal Compliance

    1. Instapay and its officers shall comply in all material respects with all applicable laws governing the Card service, including but not limited to BNM’s rules, regulations or directives, Financial Services Act 2013 and AML/CFT Legislation.
    2. 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.
    3. 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 Card or Account, including with respect to the origin of the funds used by Cardholders 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.
  24. Suspension and Termination

    1. You may, at any time, terminate use of your Card and/or Account by giving notice of such termination via the App or contact Customer Service. Subject to Clauses 24.4 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 Card and/or 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 Card and/or 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.
    2. Without prejudice to its other rights and remedies, Instapay shall be entitled to immediately block, suspend or terminate your use of the Card or Account (or any part thereof), with or without any notice to you, upon the occurrence of any of the following events:-
      • 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 your Card, including not limited to using your Card for any unlawful activities such as online betting and/or gambling activities;
      • if you are in breach of, or Instapay has reasonable grounds to believe that you have breached, any of the provisions of this Cardholder Agreement, 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;
      • if payment of any sum of money is due from you to Instapay at any time under the Account;
      • if it has come to Instapay’s attention of any irregular, suspicious or unauthorized activity on your Card;
      • if any event has occurred or any situation exists which should or might in Instapay’s opinion prejudice your ability to perform your obligations under this Cardholder Agreement;
      • if you are in breach of any acts, statutes, laws, by-laws, rules and/or regulations imposed by any party, regulatory body or government agency;
      • if you have submitted false documents or have declared false information during your application for the Card;
      • if any information provided by you is untrue, inaccurate, not current or incomplete in the course of using the Card;
      • if you have acted in bad faith or with malicious intent in using the Card;
      • 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);
      • if you fail to provide any additional information which Instapay may request from you from time to time in accordance with this Cardholder Agreement; and/or
      • where Instapay has reserved such right to block, suspend and/or terminate your Card and/or Account under any other provisions of this Cardholder Agreement.
    3. If your Card and/or Account is terminated by Instapay pursuant to Clause 24.2 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.
    4. In the event your Card and/or Account is ceased, terminated or suspended by Instapay due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013 and/or AML/CFT Legislation), 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.
    5. If Instapay detected unusual, irregular, suspicious, unauthorised or fraudulent activity on your Card and/or Account, Instapay may block, suspend and/or terminate the use of your Card and/or 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 block, suspend and/or terminate the use of the Card, 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 an expired, revoked, blocked, suspended, terminated or otherwise invalid Card. Such action taken by Instapay will not affect your rights and obligations pursuant to this Cardholder Agreement. If Instapay has terminated your Card through no fault of yours, you will be entitled to a refund of any Available Balance as provided in this Cardholder Agreement.
    6. 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.
  25. Reactivation

    1. 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 your Account is suspended for any reason, you will not be able to use your Card. 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.
  26. Disclaimers

    1. INSTAPAY PROVIDES THE APP, PLATFORM SYSTEM AND CARD ON AN "AS IS" AND "AS AVAILABLE" BASIS. CARDHOLDERS AGREE THAT USE OF THE APP, PLATFORM SYSTEM AND CARD IS AT THEIR SOLE RISK. OTHER THAN WARRANTIES EXPLICITLY PROVIDED UNDER THIS CARDHOLDER AGREEMENT, 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 CARD WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE.
    2. You shall be solely responsible for any and all consequences of use or misuse of your Card and Account, PIN number, 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 this Cardholder Agreement.
    3. 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 Card service.
    4. 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 Card 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.
    5. Instapay has no responsibility whatsoever for any arrangements you make with any third party (including merchants, third parties or other Cardholders) as a result of your use of the Card and/or Accounts. 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 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.
    6. 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 Card and/or Account including but not limited to:-
      • your Account being hacked and/or theft of your login credentials and/or security credentials; and
      • any resulting dispute between you and third parties over any issue, including but not limited to, issues relating to quality, merchantability, fitness for use, quantity or delivery.
    7. If you are dissatisfied with the Card service, or do not agree with any part of this Cardholder Agreement, your sole recourse is to discontinue use of the Card.
  27. Limitation of Liability

    1. 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 THIS CARDHOLDER AGREEMENT OR THE USE OF THE APP, PLATFORM SYSTEM OR CARD, 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.
    2. Nothing in this Cardholder Agreement excludes, restricts or modifies any statutory rights that you may have under applicable laws that cannot be excluded, restricted or modified.
  28. Indemnity

    1. 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 Card and/or your non-performance or violation of your duties and obligations under this Cardholder Agreement or any applicable law or regulation. 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.
    2. You hereby agree that if Instapay initiates legal proceedings against you because of a default under this Cardholder Agreement, 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 this Cardholder Agreement 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.
  29. Force Majeure

    1. Without limiting the generality of any provision in this Cardholder Agreement, 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.
    2. The Card service may occasionally be affected by interference caused by causes or objects beyond Instapays 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 the Card or access the Account, or interruption or disruption of the Card Service.
  30. Other Provisions

    1. This Cardholder Agreement 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.
    2. No delay, neglect or forbearance on the part of Instapay in enforcing against you any provision of this Cardholder Agreement shall either be or deemed to be a waiver or in any way prejudice any right of Instapay hereunder.
    3. If any provision of this Cardholder Agreement 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 this Cardholder Agreement and rendered ineffective as far as possible without modifying the remaining provision of this Cardholder Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Cardholder Agreement.
    4. This Cardholder Agreement 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 this Cardholder Agreement and its rights and obligations thereof without prior notice to or consent by you.
    5. All rights and obligations under this Cardholder Agreement are personal to you. A person who is not a party to this Cardholder Agreement shall have no right to enforce any provision of this Cardholder Agreement.
  31. GOVERNING LAW AND JURISDICTION

    1. Irrespective of the country from which you access or use the App, Platform System and/or Card, to the extent permitted by law, this Cardholder Agreement and your use of the App, Platform System and/or Card 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 this Cardholder Agreement.
  32. NOTICES

    1. All notices, requests and/or other communications to be given by Instapay to a Cardholder under this Cardholder Agreement may be either by:-

      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.

    2. You hereby agree that if any legal proceedings are commenced in the courts in Malaysia in respect of this Cardholder Agreement, the legal process and other documents may be served by posting the documents to you at your last known address in Instapay’s records and such service shall on the 5th day after posting be deemed to be good and sufficient service of such process or documents.
    3. All notices, requests and/or other communications to be given by a Cardholder to Instapay under this Cardholder Agreement must be communicated to the following address (or to such other address as Instapay may give notice to Cardholders from time to time) by hand, registered post or e-mail:

      Instapay Technologies Sdn. Bhd.

      Unit 26-6, Q Sentral,

      Jalan Stesen 2, KL Sentral

      50470 Kuala Lumpur

      Malaysia

      E-mail: connect@instapaytech.com

    4. If there are any complaints or inquiries and there is no feedback given by Instapay, Cardholders can contact the following bodies:

      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

      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