Nyne Terms of Use – App

TERMS OF USE

nyne – Super App

Last updated: [insert date]

The nyne Super App (mobile application) including the nyne website (www.nyne.com.my) (collectively the “Platform”) are owned and operated by Wavpay Fintech Holding Sdn Bhd (Company No. 202101023726 (1424026-A))(“WFHSB”, “we”, “us”, “our”), a company registered under the laws of Malaysia, along with its subsidiaries and affiliates.

These Terms of Use (“Terms”, “T&C”, “Terms & Conditions”) govern your access and the use of the Super App (“App”, “nyne”), our services, products, and platform. The Super App functions as a platform that facilitate access to various products and services offered by third-party partners (“Partners”, “Business Associates”, “Service Providers”, “Affiliate Partners”).

By accessing and/or using the App and services available on the Platform, you acknowledge that you have read, understood and agree to these Terms, including our Privacy Policy, which details how we collect, use and process your data. The Privacy Policy is available at www.nyne.com.my/privacy_policy.

WFHSB facilitates access to financial and digital services within the App. However, all financial transactions, including e-wallet services, are managed by regulated entities in compliance with applicable laws and industry standards.

WFHSB reserves the right to modify, update, or discontinue any aspect of the App at any time without prior notice. We may also revise these Terms periodically, with changes taking effect upon publication on the Platform. Your continued use of the Platform constitutes acceptance of the updated Terms.

If you do not agree with these Terms, you must discontinue using the Platform and its services immediately.

Account	This means your App Account which is: Linked to your ID Number (i.e., MyKAD Number/Passport Number)Linked to your mobile number and emailManaged and supervised by WFHSB for the App
App	This means a mobile application named “nyne” or such other name as may be determined by WFHSB from time to time which is downloaded onto the Mobile Device. The App acts as an aggregator and access point to various products and services offered by different Partners including but not limited to E-Wallet, Payment Services, Financial Services, and more.
FAQ	This means frequently asked questions which are made available on www.nyne.com.my/faq. Users are encouraged to refer to the FAQ for further clarifications regarding the App, its services, and support.
Partners	Means subsidiaries, third parties, and business associates that provide Products and Services within the App and its ecosystem.
OTP (One-Time Pin)	This means a number generated and received on your registered mobile device and/or registered email whenever multifactor authentication is required.
Password	This means the password used to log into the app.
Products and Services	Means the products and services offered by WFHSB, its subsidiaries, affiliates, business associates, and partners through the App and its ecosystem.
Terms / T&C	Means these terms and conditions which may be varied or modified from time to time at WFHSB’s sole discretion.
User(s) / You / Your	This means the person who uses and/or accesses the App, Products, and Services.
WFHSB	Wavpay Fintech Holding Sdn Bhd
WSSB	Wavpay Systems Sdn Bhd

USER REGISTRATION AND ACCOUNT
1. Account Registration
  1. To access and use the Products and Services on the App, you must first register and maintain an account with us.
  2. You agree to provide and maintain accurate, current, and complete information when setting up your account and while using the App. Any false, inaccurate, or outdated information may result in account suspension or termination.
  3. You are solely responsible for safeguarding your login credentials. Any unauthorized use of your account must be reported immediately.
  4. Multi-factor authentication (MFA) may be enforced at any time for additional security, including but not limited to One-Time PIN (OTP) verification.
2. Account Security & Responsibilities
  1. You must keep your account credentials confidential and must not share your login details with any third party.
  2. Any action taken through your account will be deemed as authorized by you.
  3. WFHSB is not liable for any loss or damage due to unauthorized access caused by your failure to secure your credentials.
  4. You cannot assign, sell, or transfer your account to any other party.
  5. Your personal information will be collected, stored, and processed following our Privacy Notice.
3. Account Suspension & Termination
  1. We reserve the right to block, suspend, or terminate your account at our sole discretion if:
    - We detect suspicious activity, unauthorized transactions, or policy violations.
    - You fail to comply with these Terms or applicable laws.
    - Your account is linked to fraudulent, illegal, or unethical activities, including those related to Anti-Money Laundering (AML) and Counter Financing of Terrorism (CFT) regulations.
    - Your identity cannot be verified, or you provide false or misleading information.
  2. If your account is terminated, you may lose access to stored funds, rewards, or services, and any data linked to your account may be deleted, subject to regulatory requirements.
4. Eligibility
  1. To register, you must meet the following eligibility criteria:
    - Age Requirement: You must be at least 18 years old to create an account. If you are under 18, you may only use the App with the express consent and supervision of a parent or legal guardian.
    - Legal Compliance: You must not be a person barred from using our services under Malaysian laws and regulations, including but not limited to financial, anti-money laundering, and counter-terrorism financing laws.
    - Geographical Restrictions: Our services are primarily intended for individuals and businesses operating in Malaysia. If you access the App from outside Malaysia, you are responsible for ensuring compliance with local laws in your jurisdiction.
SERVICES PROVIDED THROUGH THE APP
1. Aggregated Services
  1. The App provides access to a variety of governmental and non-governmental services (“Products and Services”) offered by WFHSB and its Partners. These include, but are not limited to:
    - Payment services and E-Wallet services.
    - Government-related services.
    - Financial, lifestyle, travel, healthcare, and daily essential services.
2. Service Providers and Responsibilities:
  1. Each product and service available within the App is either:
    - Provided directly by WFHSB, or
    - Operated and managed by third-party Partners or Service Providers.
    - WFHSB only facilitates access to these services and does not control or manage third-party services.
  2. User Agreement with Service Providers:
    - By accessing or using any third-party service via the App, the User agrees to the terms, conditions, and privacy policies of the respective Service Provider.
    - The Service Provider is solely responsible for the operation, content, service delivery, and customer support of its respective services.
  3. External Links and Redirections
    - Users may be redirected to external platforms owned and operated by the Service Providers.
    - The terms, privacy policies, and security measures of these external platforms apply independently of WFHSB.
  4. No Warranty on Third-Party Services:
    - WFHSB does not guarantee the accuracy, reliability, availability, or quality of information, products, or services provided by third-party Service Providers.
    - WFHSB shall not be held responsible for any inaccuracies, delays, errors, or service disruptions caused by third-party Service Providers.
  5. Limited Liability for Partner Services:
    - WFHSB shall not be liable for any claims, losses, damages, liabilities, costs, or expenses arising from:
      - The use, misuse, or failure of any service provided by third-party Partners.
      - Any fraudulent, misleading, or non-compliant activities of a Partner.
      - Any dispute between the User and a Service Provider.
      - Data breaches, unauthorized access, or privacy violations that occur on third-party platforms.
  6. User Responsibility
    - Users are solely responsible for reviewing, understanding, and accepting the applicable terms of each Service Provider before using their services.
    - Users should exercise caution before sharing personal data, payment details, or sensitive information with third-party platforms.

E-WALLET AND PAYMENT SERVICES
1. The App provides access to the Wavpay E-Wallet service, which is managed and operated solely by Wavpay Systems Sdn Bhd (“WSSB”), a regulated non-bank e-money issuer. WFHSB does not issue, manage, or control any e-money services.
2. The use of Wavpay E-Wallet is governed exclusively by the Wavpay E-Wallet Terms of Use, which can be accessed at Wavpay E-Wallet Terms [https://nyne.com.my/terms-of-use/]. Users must review and accept WSSB’s terms before using the e-wallet service.
3. The Wavpay E-Wallet feature within the App enables Users to conduct the following transactions:
  1. Reload funds into the wallet.
  2. Scan and purchase via QR code payment.
  3. Transfer funds to other users.
  4. Pay for goods and services within the App and at partner merchants.
  5. Withdraw funds to linked bank accounts.
  6. Receive funds from other users.
  7. Invest in eligible financial products via designated partner services.
4. Customer Due Diligence (CDD) and User Consent
  1. To use the Wavpay E-Wallet, Users must consent to their registration details being processed and verified by WSSB as part of its Customer Due Diligence (CDD) obligations under applicable financial regulations.
  2. The verification process may include identity verification, biometric authentication, and validation of financial information as required by WSSB.
  3. Only Users who have completed and passed the verification process will be able to access and continue using Wavpay E-Wallet features.
  4. Users who choose not to allow WSSB to process their registration details for verification will not be able to use the Wavpay E-Wallet features within the App.
  5. However, they may still access other non-wallet services available in the App.
5. Regulatory Compliance and Liability Disclaimer
  1. WFHSB is not a licensed financial institution, e-money issuer, or payment service provider. It acts solely as a platform operator facilitating access to services offered by WSSB and other regulated entities.
  2. All financial transactions are conducted directly between the User and WSSB or the respective financial institution. WFHSB does not have any control over transaction approvals, processing times, refunds, reversals, or chargebacks.
  3. Any disputes, concerns, unauthorized transactions, or technical issues related to payments, e-wallet usage, or online banking must be directed to WSSB or the respective financial institution. WFHSB bears no liability for such matters.Users acknowledge that financial regulations, compliance obligations, and policies set by WSSB and its financial partners may affect transaction processing, fund availability, and service continuity. WFHSB does not influence or override these regulatory measures.
  4. Payments are processed in the amount and currency stated at the time of the transaction and may include applicable taxes, fees, foreign exchange charges, or other costs as determined by WSSB or the financial institution. WFHSB is not responsible for any currency conversion or pricing discrepancies.
  5. Users must comply with all applicable financial regulations, verification requirements, and transaction monitoring measures as required by WSSB and the relevant authorities.
DATA COLLECTION, PROTECTION & PRIVACY STATEMENT
1. The App complies with the Personal Data Protection Act 2010 (PDPA) of Malaysia, ensuring responsible collection, processing, and protection of personal data.
2. By using the App, users acknowledge and consent to the collection, processing and storage of their personal data for the purpose of facilitating services within the App and its ecosystem. Further details on what we collect use and process your data is available at www.nyne.com.my/privacy_policy.
3. Each Partner may collect and process additional user data as required for their services. Such data collection and processing will be governed by the respective Partner’s privacy policy.
4. Users may access, correct, or request deletion of their data by contacting the App Data Protection Officer as provided in Clause 9.
RESTRICTED USE OF THE APP PLATFORM
By using the Platform, you agree not to engage in any of the following activities, whether directly or indirectly:
1. Unauthorized Access, Tampering, or Hacking
  
  Users are strictly prohibited from attempting to gain unauthorized access to the Platform, its servers, databases, or any restricted sections. Any action to bypass, disable, or interfere with security features, authentication mechanisms, or access controls is not permitted. The use of automated tools, including but not limited to robots, crawlers, spiders, or data mining and extraction tools, to collect information from the Platform is prohibited. Screen scraping, automated screen capture, or any similar method of extracting information without prior written approval is also strictly forbidden. Users must not reverse engineer, disassemble, decompile, or modify any software or application within the Platform. Any attempt to obtain or access the source code of the Platform is prohibited. Linking, mirroring, framing, or integrating the Platform into any other website, service, or system without prior written approval is not allowed. Any violation of this policy may result in the immediate suspension or termination of access to the Platform. The Platform owner reserves the right to pursue legal action against any user found in breach of these provisions.
2. Fraudulent, Unlawful, or Unauthorized Activities
  
  Users must not impersonate any person or entity, including government officials, or falsely claim an affiliation with any individual, business, or organization. The Platform must not be used for fraudulent, illegal, deceptive, or unauthorized purposes, including but not limited to money laundering, bribery, gambling, or identity theft. Any activity that violates applicable laws, regulations, or policies governing digital services, government platforms, online payments, or data privacy is strictly prohibited.
3. Uploading or Transmitting Harmful, Inappropriate, or False Content
  
  Users must not upload, post, or share content that is false, misleading, defamatory, or otherwise inaccurate. The posting or sharing of unlawful, threatening, abusive, harassing, vulgar, obscene, profane, sexually explicit suggestive, or racially or ethnically offensive content is prohibited. Users must not distribute malware, viruses, worms, trojan horses, time bombs, cancelbots, or any other harmful code that could disrupt the functionality of the Platform.
4. Violation of Third-Party Rights and Intellectual Property
  
  Users must not violate or infringe upon any third-party rights, including but not limited to intellectual property rights, trademarks, copyrights, patents, and trade secrets.
5. Interfering with the Functionality of the Platform
  
  Users must not interfere with, disrupt, damage, or limit the function of the Platform through software viruses, malicious code, or cyberattacks, including denial-of-service (DoS) attacks. Altering or disrupting any transaction, service, or process within the Platform, including payment processing and user authentication mechanisms, is prohibited.
LIMITATION OF LIABILITY
1. WFHSB provides the Platform on an “as is” and “as available” basis, without any express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, or availability of uninterrupted, error-free service.
2. To the maximum extent permitted by law, WFHSB shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs, or expenses arising from or in connection with:
  - Any loss, damage, or unauthorized access resulting from the user’s failure to maintain the security of their login credentials, including using weak passwords, sharing authentication details, or failing to report suspicious activity
  - Service disruptions, delays, errors, technical failures, or system downtime affect the availability or functionality of the App, including maintenance, cyberattacks, network failures, server malfunctions, or incompatibility with user devices
  - Any losses or inconveniences caused by third-party service providers, including payment gateways, financial institutions, government agencies, or external APIs beyond the control of WFHSB
  .
  - Indirect, incidental, or consequential damages resulting from the use or inability to use the App, including loss of data, revenue, business opportunities, reputational damage, emotional distress, inconvenience, or costs of alternative solutions.Liabilities arising from user-generated content, including false, misleading, defamatory, or illegal content uploaded by users, as well as misuse or misrepresentation of government services within the App.
  - Disputes, claims, or damages arising from interactions, transactions, or agreements between users and third-party service providers, including fraudulent schemes or misrepresentations by external parties.Failure to comply with legal or regulatory obligations due to changes in laws, policies, or compliance requirements affecting the App or its services.
  - Temporary or permanent restrictions imposed by government authorities, regulators, or enforcement agencies affect the availability, access, or functionality of the App.
INDEMNITY AND INDEMNIFICATION
1. You agree to indemnify, defend, and hold harmless Wavpay Fintech Holding Sdn Bhd (WFHSB), its affiliates, subsidiaries, directors, officers, employees, agents, licensors, service providers, and business partners (collectively, “Indemnified Parties”) from and against any claims, liabilities, losses, damages, costs, expenses, and legal fees arising out of or related to:
  - Your access to or use of the nyne SuperApp, its products, or services;
  - Your violation of any applicable laws, regulations, or third-party rights;
  - Any breach of these Terms and Conditions, including but not limited to unauthorized, unlawful, or fraudulent activities;
  - Any misuse, unauthorized access, or security breach related to your account;
  - Any content or information you submit, post, transmit, or make available through the App that results in legal action or liability.
2. WFHSB reserves the right, at its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate fully with WFHSB in the defense of such matter.
3. This indemnity obligation shall survive the termination of your use of the App and its services.
WAIVER
1. To the fullest extent permitted by law, you waive any claims against WFHSB, its affiliates, officers, employees, and partners for any indirect, incidental, consequential, or punitive damages arising from or related to your use of the App. Failure by WFHSB to enforce any provision of this Privacy Policy or related Terms and Conditions shall not constitute a waiver of its rights to enforce such provisions in the future.
TERMINATION AND SUSPENSION
1. WFHSB reserves the right to suspend or terminate a user’s access to the App at its sole discretion, with or without prior notice, if the user engages in activities that violate these Terms and Conditions, applicable laws, or regulatory requirements. This includes but is not limited to, fraudulent activities, abuse of the platform, or any form of misconduct that disrupts the proper functioning of the App.
2. User access may also be suspended or restricted if any security concerns arise, including but not limited to unauthorized access, suspicious account activity, multiple failed login attempts, detected cyber threats, or vulnerabilities that may compromise the integrity of the App. WFHSB may implement temporary or permanent security measures, including resetting user credentials or requiring additional authentication steps, to protect the platform and its users.
3. WFHSB may also suspend or terminate access if required by law, government authorities, or regulatory directives. This may include compliance with investigations, enforcement actions, or legal obligations related to data protection, cybersecurity, financial transactions, or misuse of government services within the App.
4. Users may voluntarily discontinue their use of the App at any time by ceasing to access, uninstalling the application and/or request account deactivation/termination through WFHSB customer support. However, such voluntary discontinuation does not erase previous transactions, records, or data, which will be retained as required by law, regulatory compliance, or record-keeping policies. WFHSB will process user data following the Personal Data Protection Act 2010 and applicable privacy regulations.
5. In the event of termination, WFHSB shall not be liable for any loss of access, data, or service continuity. Users acknowledge that termination does not entitle them to any form of compensation, reimbursement, or restitution for any unused services, digital assets, or pending transactions linked to their account.
6. Account termination does not release the user from any pending obligations, liabilities, or unresolved transactions associated with their use of the App.
INTELLECTUAL PROPERTY RIGHTS
1. All content, trademarks and intellectual property within the App including but not limited to copyright, trademarks, industrial designs, trade secrets, confidential information whether or not registered (“Intellectual Property Rights”) belongs to WFHSB or its respective Partners.
2. Users are prohibited from reproducing, distributing, or modifying any content from the App without prior written consent from the Provider.
3. Any unauthorized use, reproduction or distribution of the App’s trademarks or branding may result in legal action, including but not limited to injunctive relief, damages, and other remedies as permitted by law.
GOVERNING LAW AND JURISDICTION
1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.
2. Any dispute, controversy, or claim arising out of or relating to the use of the APP, including but not limited to matters concerning the validity, interpretation, breach, or termination of these Terms and Conditions, shall subject to the exclusive jurisdiction of the courts of Malaysia.
3. If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable under Malaysia law, such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
4. WFHSB reserves the right, at its sole discretion, to take legal action against users in any jurisdiction where a violation of these Terms and Conditions has occurred, provided that such legal action is necessary to protect the rights and interests of WFHSB, or other users of the App.
CHANGES TO THE TERMS AND CONDITIONS
1. Right to Amend
  
  WFHSB reserves the right, at its sole discretion, to amend, modify, update, or revise these Terms and Conditions at any time, without prior notice, to reflect changes in regulatory requirements, operational needs, security measures, technological advancements, or service improvements.
2. Notification of Changes
  
  Any amendments, modifications, or updates to these terms and conditions will be published on the official website and/or communicated through appropriate channels, including in-app notifications, email, or other digital communications. Users are encouraged to review the T&C periodically to stay informed of any changes.
3. User Acceptance
  
  By continuing to access or use the App after the updated terms and conditions have been published and taken effect, users acknowledge and agree to be bound by the revised terms. If a user does not agree with the changes, they must discontinue the use of the App immediately and may contact customer support for further assistance.
4. Material Changes
  
  In the event of significant or material changes that may impact user rights, obligations, or service functionality, WFHSB will make reasonable efforts to notify users in advance through prominent announcements, push notifications, or direct communications.
5. Legal Compliance
  
  All amendments shall be made in compliance with applicable laws and regulations. If any changes are required due to legal or regulatory mandates, they will take effect immediately upon publication or as required by law.
6. Version Control
  
  The latest version of the Terms and Conditions will supersede all previous versions. Users are responsible for ensuring they read and understand the most recent Terms and Conditions before continuing to use the App.
CONTACT INFORMATION

For inquiries, complaints, or assistance, users may contact:

nyne Super App Support Team
Website     : www.nyne.com.my
Email          : [email protected]
Phone        : +60 XXX-XXX XXXX