Last Updated: [09/12/2019]
In the Terms, the following words and expressions have the following meanings unless inconsistent with the context or stated otherwise:
“App” means any and all software applications developed, owned and/or operated by Instapay that 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;
“Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks, copyrighted materials and Third Party Resources, displayed, published or made available through the Site / App;
“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 in connection with the Site, App, Services and/or Content;
“Instapay” means INSTAPAY TECHNOLOGIES SDN BHD (Company No.: 1233660-A), a company incorporated in Malaysia;
“Instapay Technology” means Instapay’s proprietary technology underlying the Site, App and/or Services, including internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), source codes, user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Instapay or its licensors) in connection with the Site, App and/or Services, and also including any derivatives, improvements, enhancements or extensions of the technology conceived, reduced to practice, or developed by Instapay from time to time that are not uniquely applicable to Users or that have general applicability in the art;
“Mobile Device” means a portable and wireless computing or telecommunication device together with accessories including but not limited to smartphone and handheld tablet;
“Parties” means collectively Instapay and a User, and a “Party” means any of them;
“Services” means any and all services provided by Instapay via the Site and/or App or otherwise services provided by Instapay, including but not limited to e-wallet, mobile payment, pre-paid card, remittance and other services as Instapay may introduce from time to time in relation to the Site and/or App;
“Site” means Instapay’s website at https://www.instapaytech.com;
“Terms” means the terms and conditions herein as may be varied or modified from time to time at Instapay’s sole discretion;
“User(s)” means user(s) of the Site, App and/or Services;
“User’s Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including, but without limitation to, company logos, trademarks and copyrighted materials, that Users post, upload, transmit or otherwise make available through the Site, App and/or Services.
Users hereby agree to indemnify Instapay, including its directors, officers, employees, or agents (“Indemnified Parties”) and keep the Indemnified Parties harmless from and against any claims, actions, suits, proceedings, damages and/or liabilities whatsoever made against the Indemnified Parties arising from (a) the use of the Site, App, Services and/or Content, (b) any breach or non-fulfilment of any covenant, agreement or obligation under the Terms, (c) any violation of the law, or (d) any violation of the rights of any third party while using the Site, App and/or Services. The relevant User 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 that User’s sole expense.
Irrespective of the country from which Users access or use the Site, App and/or Services, to the extent permitted by law, the Terms and Users’ use of the Site, App and/or Services shall be governed in accordance with the laws of Malaysia without regard to choice or conflicts of law principles, and Users hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia to resolve any claims or disputes which may arise in connection with the Terms.
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
LamanInformasiNasihat 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