Terms & Conditions of Do It Express

Effective Date: 31 March 2025

Last Update: 26 March 2025

These Terms and Conditions (“Agreement”) govern your access to and use of the Do It Express remittance service, which is provided as a service within the Wavpay mobile application. This service is facilitated by Wavpay Systems Sdn Bhd (“Wavpay”) and made available at Wavpay’s sole and absolute discretion.

By accessing, browsing, or using the Do It Express service via the Wavpay mobile application, you (“User(s)”) acknowledge that you have read, understood, and agreed to be bound by this Agreement, including any policies, guidelines, or additional terms that may be incorporated by reference.

In addition to the general terms set forth herein, specific terms may govern your use of certain sections or features of Wavpay Remittance. Any such specific terms shall be deemed an integral part of this Agreement and will be made accessible within the Wavpay mobile application.

If you do not agree to these Terms and Conditions, you must immediately discontinue the use of the Do It Express service.

1. INTERPRETATION

1.1.  In this Terms and Conditions, unless the context requires otherwise, the following words and expressions shall have the following meanings:

“Business Day”	means any day when banks are open for general operations in Malaysia, the User Country, and the Beneficiary Country, excluding Saturdays, Sundays, and public holidays in Malaysia.
“Beneficiary”	means individual and/or recipient receiving funds.
“Beneficiary Country”	means the country where the Beneficiary holds the account to receive the funds.
“Confidential Information”	means all information, including Personal Data (as defined under PDPA 2010) in whatever form, including visual, oral or electronic form, relating to Wavpay, the Wavpay mobile application and/or the Users of the Wavpay mobile application, which is obtained, provided or disclosed through Wavpay Mobile Application.
“Content”	means all materials available on the Wavpay Platform, whether created by Wavpay or otherwise, including but not limited to organizational structures, layouts, user interfaces, text, documents, databases, graphics, designs, compilations, photographs, images, illustrations, videos, sound recordings, and any other related materials.
“Exchange Rate”	means the rate of conversion between relevant currencies as determined by Wavpay and made available within the Wavpay mobile application under the Do It Express remittance service.
“Transfer Fees”	means the fees at the rate as determined by Wavpay through Wavpay Mobile Application under the Doit Express remittance service.
“Individual User(s)”	means a single person who’s sign-up and/or registration has been made on Wavpay Mobile Application and such application is approved by Wavpay with such approval remaining active and not suspended, terminated or revoked.
“Intellectual Property”	refers to patents, trademarks and service marks, design rights, trade or business names and copyrights (whether or not any of these is registered and inclusive of pending applications for registration of any such thing) and rights under licences and consents relating to any such thing and all rights or forms of protection that may exist globally.
“User(s) Account”	means the Wavpay Mobile Application account of the User(s).
“User(s) Country”	means the country in which the User(s) Account is held.
“Wavpay”	means Wavpay Systems Sdn Bhd a company incorporated in Malaysia under the Companies Act 2016 and is the operator and owner of the Wavpay Mobile Application, and includes (if any) its head office, representative and branch offices, any related company or associated company, in any jurisdiction.
“Wavpay Platform”	Means the digital ecosystem operated by Wavpay Systems Sdn Bhd (“Wavpay”), which facilitates financial services, including but not limited to remittance, through its proprietary applications and systems. For Individual User(s): The Do It Express remittance service, accessible via the Wavpay Mobile Application, providing cross-border money transfer services for individual users.
“Net Payout Amount”	means the net amount after deducting Transfer Fees to be credited to the Beneficiary Account.
“Order”	means the order created by the User(s) on the Wavpay Mobile Application to remit in compliance with the Agreement.
“Parties”	means Wavpay and the User(s) and the beneficiary as the case may be, and “Party” means any one of them.
“Reversal”	Refers to a request to refund the Reversible Amount.
“Reversible Amount”	Means funds mistakenly transferred to or improperly received by the Beneficiary
“Transfer”	will be defined as stated in Clause 4.1
“Transfer Amount”	Refers to the amount (in the relevant currency stated in the Order) to be transferred by the User to the Beneficiary for Wavpay to perform the Transfer exclusive of the Fees.
“User(s)”	Refers to any person(s) who accesses and/or uses the Wavpay mobile application whether active, semi-active or inactive.

1.2. References to statutory provisions shall be interpreted as references to those provisions as amended or re-enacted or as their application is modified by other provisions (whether before, on or after the date hereof) from time to time , also including any provisions of which there are re-enactments (whether with or without modification).

1.3. References to Clauses in this document pertain to the clauses and schedules within these Terms and Conditions, unless the context indicates otherwise.

1.4. The expressions “Wavpay”, “Beneficiary” and “User”, where applicable, shall include their respective successors, personal representatives and permitted assigns.

1.5. Unless the context dictates otherwise, singular words include their plural and vice versa and words referring to a specific gender encompasses every gender.

1.6. When a word or phrase is defined in these Terms and Conditions, any other grammatical form of that word or phrase will have a corresponding meaning.

1.7. Any reference to “these Terms and Conditions” is a reference to these Wavpay mobile application Terms and Conditions and any written changes, additions, or updates to these Terms and Conditions over time, including any document that modifies, waives, supplements, or updates the terms of these Terms and Conditions

1.8 Any reference to “writing”, or similar terms, includes any communication effected through the Wavpay mobile application, electronic mail, telex, cable, fax or other comparable methods but excludes short messaging services, instant messaging services or internet chat.

1.9. Any mention of a “day”, “week”, “month” or “year” refers to those periods as defined by the Gregorian calendar.

1.10. If a time period is specified starting from a particular day or the day of a specific action or event, it should be calculated excluding that day. If the time period ends on a non-Business Day, it will be considered to expire on the next Business Day

1.11. All payment made by Wavpay to the Users under these Terms and Conditions will not include any interest.

1.12. Wavpay shall only process all requests submitted by the user’s during the business hours (9.00 am to 5.00 pm MYT) on Business Days. Requests made outside stated hours will only be processed by Wavpay on the upcoming Business Day.

2. Sign-up to the Wavpay mobile application

 

2.1. The Users shall sign-up to the Wavpay mobile application by providing the required information and documents on the sign-up page as well as performing the KYC process (as defined in Clause 2.2) before they can use and/or access to the services provided by Wavpay mobile application. Wavpay retains the right at its sole discretion, at any time, to prevent, halt, withdraw and/or reject any user sign up application without providing any reason whatsoever. Prior to using any services provided by the Wavpay mobile application, users must read and agree to the Wavpay e-wallet Terms of Use, accessible at https://wavpay.net/terms-of-use-of-e-wallet-2/

2.2. As part of the signing-up process, users must create and signup a new e-wallet account with Wavpay. During the registration process, users are required to provide accurate, up-to-date, and complete information as requested by Wavpay. This information is essential for conducting the customer due diligence process, which may include, but is not limited to, the following:

2.2.1.          Information from a valid government-issued identification document.

2.2.2.          An image of the identification document.

2.2.3.          A selfie video of the person registering for the new e-wallet account.

2.3. Wavpay reserves the rights to either accept or reject and/or suspend any applications submitted by the User and without prejudice to the generality of Clause 3.1, Wavpay reserves the right to reject the sign-up application of any Users after the KYC Checks.

2.4. Upon signing-up to the Wavpay mobile application, Wavpay grants the User’s a non-exclusive, non-transferable and revocable permission under the Agreement to use, access and communicate through the Wavpay mobile application for the purposes contemplated by such Agreement and for no other purposes.

2.5. Wavpay retains the right at its sole discretion, at any time, to prevent, halt and/or disallow any User or User’s from continuing the usage the of Wavpay mobile application without any reason whatsoever.

2.6. Wavpay retains the right at its sole discretion, at any time, to revoke a member’s registration status and deactivate their account from the Wavpay mobile application by any means.

2.7. Each User’s is required to have their respective username and password in order to log into the Wavpay mobile application, and the User’s is deemed responsible for safeguarding their own username and password, and other information regarding security protocols that may be provided by Wavpay. Each User’s hereby agrees, covenants and commits to ensuring that only the User’s will possess access to the Wavpay mobile application by using the User’s login details, and any login to the Wavpay mobile application by using the User’s login details will be interpreted as the User’s own login attempt.

2.8. The User’s must not misuse their login details and the Wavpay mobile application to the detriment of Wavpay and Wavpay mobile application.

2.9. The User’s acknowledges the following:

2.9.1.    that Wavpay does not guarantee that any request made by the User’s via Wavpay mobile application will be fulfilled, completed and/or successful;

2.9.2.     that it has not relied, does not rely and will not rely on any representations, agreements, statements or undertakings, whether oral or in writing, made or purportedly made by Wavpay in regarding any contents, activities and/or outcomes on the Wavpay mobile application, unless such representations, agreements, statements or undertakings are explicitly stated in the Agreement;

2.9.3.    that Wavpay shall act solely on the User’s instructions regarding remittance activities and will facilitate the transactions for the User’s at its own discretion.

2.9.4.    the User’s shall take full responsibility for all transactions conducted by the User’s via the Wavpay mobile application;

2.9.5.    all transactions made by the User’s on the Wavpay mobile application are final and irrevocable;

2.9.6.    that Wavpay does not guarantee the quality and completeness of any Content available on the Wavpay mobile application;

2.9.7.    that Wavpay does not warrant that the use and access to the Wavpay mobile application will be uninterrupted, error free or free of computer viruses or computer bugs or other harmful or corrupting code. Additionally, Wavpay does not guarantee that defects will be corrected, or that the download, installation or use of any software or content of the Wavpay mobile application in or with any computer will not affect the functionality or performance of any computer and/or any device;

2.9.8.    the User’s is deemed responsible to obtain and use the necessary software and/or equipment to acquire access to the Wavpay mobile application. The User’s assumes all risk and expense, and shall be responsible for the performance and security (including without limitation taking all reasonable measures that are necessary to prevent unauthorized use or access) of any software and/or device used by the User’s;

2.9.9.    the User’s shall bear the full cost of all necessary servicing, repairs or corrections for any defect, problem or damage to their device, and Wavpay shall not be liable for any loss of content on the User’s computer and/or device, nor for the deletion or failure to store any content maintained or posted by or through the Wavpay mobile application;

2.9.10. that Wavpay does not guarantee that the Wavpay mobile application will be safeguarded  against any malicious attack or that data will remain uncompromised under such attack; and

2.9.11. that the registration of any User’s on the Wavpay mobile application does not guarantee the User’s creditworthiness, genuineness and trustworthiness.

3.  WAVPAY MOBILE APPLICATION

 

3.1. The Wavpay mobile application is an application that provides remittance and cross-border payment services to the User’s in accordance with the terms specified in the Agreement. Wavpay hereby provides the Wavpay mobile application on as “as is” basis subject to the terms provided under the Agreement.

3.2. Individual User’s are allowed to perform cross border remittance via the Wavpay mobile application to their respective Beneficiaries.

3.2. Individual User’s are allowed to perform cross border remittance via the Wavpay mobile application to their respective Beneficiaries.

3.3. Wavpay reserves the rights ,at its sole discretion, to cancel, withdraw, restrict, suspend, vary or modify the use, features and/or facilities of the Wavpay mobile application in whole or in part .

3.4. The Content and materials available on the Wavpay mobile application shall be for informational purposes only, and should not be considered as an offer, solicitation, invitation, advice and/or recommendation to buy, sell, subscribe to or dispose of any financial services or banking products such as currencies, investments, securities.

3.5. Wavpay neither assumes nor will assume any advisory, fiduciary or similar or other duties nor will Wavpay act as an investment adviser to the User’s. Nothing on the Wavpay mobile application should be interpreted as investment, legal, tax or other advice.

3.6. Individual users must have an operational bank account for the purpose of accessing the remittance service.

4. TRANSFER

 

4.1. Transfers on the Wavpay mobile application are subjected to the types of currencies provided by Wavpay as specified on the Wavpay mobile application

4.2. Transfers shall only be made to the Beneficiary Account in the specified country in accordance to Clause 4.1.

4.3. User’s shall key in the Transfer Amount in the designated field on the Wavpay mobile application and the correspondent Net Payout Amount will be displayed on the Wavpay mobile application calculated based on real-time exchange rates. Please note that the Exchange Rate may fluctuate throughout the day as determined by Wavpay in its sole discretion as it deems fit. The Net Payout Amount is determined by the exchange rate the moment the order is placed.

4.4. The User’s shall create the Order for the relevant Transfer by providing the required information and documents as specified in the mandatory fields on the Wavpay mobile application to facilitate the Transfers.

4.5. Upon the successful completion of a transaction, the corresponding amount will be automatically deducted from the user’s Wavpay e-wallet balance. The user acknowledges that all transactions are final and irreversible, except in cases where Wavpay, at its sole discretion, determines that an error or unauthorized transaction has occurred. The user is responsible for ensuring sufficient balance in their e-wallet before initiating any transaction. If the balance is insufficient, the transaction may be decline.

4.6. Wavpay is not obligated to pay any Net Payout Amount to any Beneficiaries for lapsed and/or terminated Transfers unless the Transfer Amount has first been paid to Wavpay first . Any charges associated to the payment of the Transfer Amount shall be solely borne by the User’s.

4.7. Unless there is a written agreement stating otherwise, Wavpay shall disburse the Net Payout Amount to the Beneficiary within 1 to 14 Business Days from the date the Order is created (hereinafter referred to as “Transfer Period”).

4.8.  A Transfer will be considered unsuccessful under the following circumstances:

4.8.1.          Transactions that are rejected or declined by the payment processor or banks; and/or

4.8.2.          Transactions that are rejected due to non-compliance and regulatory compliance reasons;

4.9. In the event of unsuccessful Transfer to the Beneficiary Account, Wavpay shall inform the User’s and refund the Transfer Amount to the User’s free of any interest, but any bank charges or losses incurred due to unfavourable exchange rate by Wavpay will be deducted from said amount.

4.10. Any refunds shall be credited into the User’s bank account from which the Transfer Amount originated from. Refund processing may take up to 7 Business Days, from the date of cancellation request or upon the notification by Wavpay to the User’s, as the case may be.

4.11. Otherwise, all Orders that have been created and paid shall be considered final for processing by Wavpay. Wavpay retains the sole discretion to accept or reject any cancellation requests of Orders placed within the Wavpay mobile application.

4.12.  User’s are subject to the transaction limits specified on the Wavpay mobile application and must not initiate any transfer exceeding these limits. The applicable transaction limits are as follows:

4.12.1.   There is no minimum amount per transaction is required.

4.12.2.   Foreigners with Temporary Employment Pass: RM3,000 per month.

4.12.3.   Malaysian Citizens and Foreigners with Long-term Employment Pass or Permanent Residence Pass: RM30,000 per day.

4.12.4.   Malaysian Citizens and Foreigners with Employment Pass or Permanent Residence Pass (after face-to-face verification): RM50,000 per day.

4.13.  User’s must comply with all compliance and regulatory requirements set forth by Bank Negara Malaysia and other relevant authorities, including but not limited to, the Foreign Exchange Administration Rules.

4.14.   All Transfers shall be subject to Wavpay’s stringent internal compliance checks concerning Anti-Money Laundering and Counter Terrorism Financing (“AML/CTF”) laws, regulations and legal frameworks. User’s hereby authorise Wavpay to carry out any form of investigation and/or compliance checks in accordance with its internal policy regarding any compliance matters.

4.15.  For clarity, Wavpay reserves the right to accept, reject, terminate, suspend and/or request additional documents from the User’s at any time whether due to compliance with the AML/CTF laws, regulations and legal frameworks or any other reason deemed reasonable by Wavpay.

4.16.  Wavpay should not be liable for any losses, damages, costs, expenses, fines, penalties, demands or claims incurred by the User’s due to errors on the Order placed into Wavpay mobile application by the User’s, unsuccessful Transfer as outlined under Clause 4.9 or any issues relating to rejected, suspended, terminated and/or pending Transfers or Accounts by the User’s occasioned from compliance matters.

4.17.  The User’s agreeing to cooperate by providing necessary information and supporting documents upon request from Wavpay compliance staff or regulatory authorities. This cooperation is for the purpose of ensuring compliance with AML/CTF policies, laws, regulations, and the regulatory framework.

5.  REVERSALS

 

5.1. Wavpay has the right to initiate Reversals under the following conditions :

5.1.1.          Wavpay, or any other party, mistakenly sent the Reversible Amount to the User’s or the Beneficiary;

5.1.2.          the Reversible Amount was received without authorization or as a result of fraudulent actions  or inducements ; and

5.1.3.          The Reversible Amount received was for activities that appear to have violated the terms of this Agreement or any applicable law or regulation;

5.1.4.          any other error that may result in the User’s and/or Beneficiary’s account being credited with the Reversible Amount in circumstances where the User’s and/or Beneficiary are not the rightful recipient and/or legally entitled to retain the Amount.

5.2. Upon receiving a Reversal request from Wavpay, the User’s must, within 14 days, return the entire  Reversible Amount received to Wavpay.

5.3. If request for Reversal is made to the Beneficiary, the User’s is responsible for assisting Wavpay in recovering the entire Reversible Amount from the Beneficiary.

5.4. Wavpay shall be entitled to initiate legal actions or proceedings against the User’s and/or Beneficiary for failing to return the Reversible Amount received by the User’s and/or Beneficiary within 14 days of receiving a receipt requesting a Reversal. Wavpay reserves the right to claim the whole of Reversible Amount received by the User’s and/or Beneficiary including a daily interest rate of 8%

6. TRANSFER FEES

 

6.1. In consideration of Wavpay’s service within the Wavpay mobile application, the User’s shall pay the applicable Transfer Fees for each Transfer made via the Wavpay mobile application. Unless otherwise notified by Wavpay, all Transfer Fees paid are considered non-refundable.

6.2. The User’s shall pay the Transfer Fees to Wavpay along with the Transfer Amount as specified in Clause 4.5 above. Wavpay is not obligated to perform any services until the Transfer Fees are received from the User’s.

6.3. The Transfer Fees are exclusive of all taxes (including goods and services tax), levies, duties, assessments of any kind and they represent the net amount to be received by Wavpay. In the event the Transfer Fees become subject to any taxes, levies, duties, assessments of whatever kind or nature, the User’s shall promptly pay any additional amount necessary to Wavpay to ensure that the net amount actually received by Wavpay equals the amount which Wavpay would have received if such taxes (including goods and services tax), levies, duties, assessments of any kind had not been applied .

7.  RIGHTS AND POWERS OF WAVPAY

 

7.1. By signing up and registering for an account with Wavpay, the User’s irrevocably authorises and consents to Wavpay to perform the following:

7.1.1.     to conduct background checks, due diligence and compliance verifications on the User’s;

7.1.2.    to acquire and verify any information about the User’s as Wavpay considers necessary, including but not limited to, for the purpose of complying with AML/CFT laws. The User’s agrees to forthwith provide to Wavpay any required information and authorises Wavpay to acquire such information from any relevant and legal sources; and

7.1.3.    to disclose any information and/or data regarding the User’s and its account to any government or regulatory agency or authority, credit bureau, service providers, agents or business partners, and any other third parties or individuals as permitted and/or required by the law.

7.2. Wavpay reserves the right to designate third parties to fulfil its responsibilities and obligations, and/or exercise its rights under the Agreement.

7.3. Wavpay reserves the right, at its sole discretion, to remove any content and/or services from the Wavpay mobile application without providing any reason.

7.4. Wavpay reserves the right, in its sole discretion, to suspend and/or terminate the User’s’ use of the Wavpay mobile application. Wavpay may provide any reason or notice to the User’s for such suspension and/or termination, however, is not obligated to do so. The User’s shall have no claims or actions of whatsoever nature against Wavpay or its affiliates regarding such suspension and/or termination.

8.   REPRESENTATIONS AND WARRANTIES

 

8.1. The User hereby makes the following representations and warranties:

8.1.1.    the User is a legal adult, with a sound mind and voluntarily consents to be bound by the Agreement;

8.1.2.    the User is either an individual residing in Malaysia;

8.1.3.    the User possesses full power, authority and legal right to enter into the Agreement and to observe, comply and fulfil   its obligations based on the terms and conditions of the Agreement;

8.1.4.    the execution of the Agreement will not violate any law, regulation, judgment, order, authorization or any decree issued by governmental authority;

8.1.5.   there are no pending or threatened actions or proceedings before any court or tribunal that could materially and adversely affect the User’s ability to fulfil its obligations under the Agreement;

8.1.6.   no petition or proceeding has been initiated nor any order has been issued or effective resolution passed for the bankruptcy, winding up, insolvency, administration, judicial management, reorganization, reconstruction or dissolution of the User or for the appointment of a liquidator, receiver, administrator, judicial manager, trustee or similar officer of the User and no meeting is convened for the winding up or the bankruptcy of the User;

8.1.7.  there is no action, suit or proceeding at law or in equity or before any court, tribunal, governmental body, agency or official (whether pending or threatened) that is likely to affect the legality, validity or enforceability of the Agreement, or affect the User’s ability to fulfil their obligations under this agreement ;

8.1.8.    any information and documents provided by the User on the Wavpay mobile application are truthful, accurate, complete and not misleading;

8.1.9.    the User assumes full responsibility associated with the use and access of the Wavpay mobile application via the User’s account;

8.1.10.  the User shall bear all risks associated with accessing and using the Wavpay mobile application. ;

8.1.1.1  the User shall use and access the Wavpay mobile application in accordance with the terms specified  herein and all applicable laws in Malaysia;

8.1.12.  any Transfers to the Beneficiaries are genuine and legitimate and is not within the knowledge of Wavpay to be otherwise;

8.1.13.  the User is prohibited to list, offer and/or advertise any items for sale, lease, rent and/or exchange on the Wavpay mobile application;

8.1.14.  the User is prohibited from using and/or accessing the Wavpay mobile application for any unlawful or illegal purposes;

8.1.15.  the User shall take personal responsibility for any statements published on the Wavpay mobile application using its own account, and shall ensure that the content of such statements published by the User on the Wavpay mobile application:

8.1.15.1.            is truthful, accurate and not misleading;

8.1.15.2.            not infringe the Intellectual Property and privacy rights of any person;

8.1.15.3.            not cause any damage to any person or contain any defamatory remarks;

8.1.15.4.            not violate any law, rules, regulations, by-laws, guidelines, order of any authority;

8.1.15.5.            not contain any pornographic or obscene materials; and

8.1.15.6.            not contain any device viruses and/or computer programming routines that may damage, interfere with, intercept and/or expropriate any system or data.

8.1.16.  the User shall not adapt, modify, copy, translate, distribute, transmit, display, perform, reproduce, publish, license, transfer, download, post, create derivative works from, framing and using, any Contents that belongs to Wavpay or published by other User on the Wavpay mobile application;

8.1.17.  the User shall not transfer and/or sell any information, software, user list, database, texts, graphics, logos, photos, audio files, visual files and other information, data and document provided through or obtained from the Wavpay mobile application to any person;

8.1.18.  the User shall not decompile, reverse engineer or otherwise attempt to discover the source code of the Wavpay mobile application, and/or any Contents available on the Wavpay mobile application;

8.1.19.  the User shall not access, hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper functioning of the Wavpay mobile application, including but not limited to the following means: denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;

8.1.20.  the User/User’s shall not initiate any transaction or transact, transmit or receive payment transfers via the Wavpay mobile application for or in connection with any criminal or illegal purpose or any purpose that may contravene any anti-money laundering laws.

8.2. The User hereby assign absolutely to Wavpay all title, benefits and interest relating to copyright on the Contents published on the Wavpay mobile application by the User, including but not limited to texts, graphics, drawings, layouts and photographs.

8.3. The User hereby agrees to indemnify and keep Wavpay indemnified against any losses and/or damages suffered by Wavpay resultant of the User’s breach of any term stipulated in the Agreement including costs involved in bringing any action against the User.

9.  LINKS TO THIRD PARTY WEBSITES

 

9.1.The Wavpay mobile application may contain links and/or references to other websites and vice versa to which any access onto any such third party links shall not be at any point be construed to be the responsibility of Wavpay.

The User agrees that Wavpay shall not be held responsible or liable for any losses, injuries and/or damages suffered by the User as a result of accessing any links at their own discretion.

10.   FORCE MAJEURE

10.1.  Wavpay shall not be held liable to the User’s and shall not be considered to be in breach of the Agreement due to any delay or failure in fulfilling any of its obligations under the Agreement if the delay or failure was caused by an event of force majeure.

10.2.  Without prejudice to the generality of the foregoing provision, force majeure shall include but not limited to the following:

10.2.1.   act of God, including but not limited to fires, explosions, earthquakes, drought, tidal waves and floods, or accident;

10.2.2.   war, threat of war, act of terrorism or threat of terrorism, sabotage, insurrection, civil disturbance or requisition, pandemic, epidemic or any federal proclamation of emergency issued by the Yang di-Pertuan Agong of Malaysia;

10.2.3.   restrictions imposed by any law, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority;

10.2.4.   interruption of traffic, strikes, lockouts, or other industrial actions or trade disputes (whether involving the employees of Wavpay or third party);

10.2.5.   breakdown of internet services or interruption of electricity supply for any reason whatsoever, save for the willful misconduct of Wavpay;

10.2.6.   other unforeseeable circumstances beyond the control of the Party against which it would have been unreasonable for the affected Party to take precautions and which the affected Party cannot avoid even by using its best efforts.

10.3. Wavpay shall be excused from performance and shall not be in default regarding any obligation hereunder to the extent that the failure to fulfill such obligation is due to an event of force majeure.

10.4. Upon the occurrence of an event of force majeure, Wavpay has the option to take any of the following actions:

10.4.1.fully or partially suspend delivery and/or performance of its obligations under the Agreement while the force majeure event persists; or

10.4.2. terminate the Agreement with immediate effect by providing written notice to the User and Wavpay shall not be liable for any loss, damage, penalty, demand, claim, fines, costs and expenses suffered or incurred by the User as a result thereof.

11.     PERSONAL DATA PROTECTION

 

11.1.  The User hereby agrees that Wavpay may collect, store, process, disclose, access, review and/or use personal data  about the User, whether obtained from the User or from other sources, in accordance with the Personal Data Protection Act 2010, as well as the Privacy Policy of Wavpay made available on the Wavpay mobile application.

11.2.  The User by accessing and using the Wavpay mobile application consents that he has read, understood and consents to the Privacy Policy adopted by Wavpay.

12.     INDEMNITY

12.1. The User shall indemnify, defend, and hold Wavpay harmless (and our employees, directors, agents, affiliates, and representatives) from and against any claims, costs, losses, or damages (including reasonable attorney fees) arising out of any claim, action, or other proceeding instituted by a person or entity that arises out of or relates to:

12.1.1.   any actual or alleged breach of Your representations, warranties, or obligations outlined in the terms, including any violation of our policies;

12.1.2.   Your wrongful or improper use of the Mobile Wallet Service, including wilful misconduct or fraud;

12.2.  Your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; or

12.3.  Your violation of any law, rule, or regulation of Malaysia.

13.     LIABILITIES

 

13.1. In no event shall Wavpay, its officers and employees be liable to the User for any monetary or goodwill losses, and any indirect, consequential, special, exemplary or punitive losses or damages, whether arising from negligence, breach of contract or otherwise, caused by any delay, whether intentional or unintentional error by Wavpay, its officers, employees and/or any other third parties or any other technical reasons.

13.2. Clause 12.1 shall not apply to the extent that liability arises from Wavpay, its officers and employees’ fraud, deliberate breach of contract, or any other liability which by law cannot be excluded.

13.3. The User agrees that Wavpay shall not be liable for any loss, liability, damages, costs or expenses of any kind incurred by the User in connection with any unauthorized use of the Wavpay mobile application, any use, delay or inability to use the Wavpay mobile application, and/or the inability to obtain access to or to transact over the Wavpay mobile application.

13.4.   Wavpay shall in no manner be responsible for the conduct of any User and shall not be liable for any action or proceedings taken by any User against any other party, and vice versa.

14     RELATIONSHIP OF PARTIES

14.1.Nothing herein shall be interpreted as establishing a partnership, joint venture, agency or employment relationship between the Parties. No Party has authority to enter into agreements of any kind on behalf of the other Party.

15     REMEDIES

 

15.1.  No remedy provided by any of the provisions of the Agreement is intended to be exclusive of any other remedy available under law, equity, statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy provided hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the Parties shall not constitute a waiver by such Party of the right to pursue any other available remedies.

15.2. No failure or delay by any party in exercising any right under the Agreement will operate as a release or waiver thereof, nor will any single or partial exercise of any right under the Agreement shall not prevent any other or further exercise of that right.

16     VARIATIONS

16.1.  Wavpay reserves the right to amend, vary and/or supplement the Agreement periodically. The User shall be informed of any amendments of the Agreement by Wavpay.

16.2. The User’s continued use of the Wavpay mobile application on or after the effective date of any amendments, variations and/or supplements shall be considered as the User’s agreement to be bound by the amended Agreement.

17     NOTICES

17.1.  The communications between Wavpay and the User and between the Users shall be conducted through the Wavpay mobile application.

17.2.  In certain circumstances where Wavpay considers that a termination event may have occurred, Wavpay may provide any required notice under the Agreement in writing. This notice can be mailed or personally delivered or faxed or emailed to the recipient at the current address held in Wavpay’s record.

17.3. All notices and communications are effective upon delivery.

18     BINDING EFFECT

 

18.1.The Agreement shall be binding upon the respective successors-in-title and permitted assigns of the Parties. The User shall not assign or transfer its rights, title, interests and benefits under these Terms and Conditions or any of its liabilities and obligations hereunder without the prior written consent of Wavpay.

19     INVALIDITY AND SEVERABILITY

 

19.1. The Agreement shall always be subject to all relevant regulations, guidelines and laws imposed by the relevant jurisdictions and regulators. In the event any provision of this Agreement is found to be invalid, illegal or unenforceable under any applicable law, the validity, legality and enforceability of the remaining provisions will nonetheless continue in full force and effect.

20.     ENTIRE AGREEMENT

 

20.1.  The Parties hereby agree that the provisions of this Agreement shall constitute the entire agreement between the Parties regarding of the subject matter of the Agreement and supersede all previous memoranda, expectations, understandings, communications, representations and agreements whether oral or written between them in respect of the subject matter hereof.

21.     GOVERNING LAW AND ARBITRATION

 

21.1. The Agreement shall be governed by and construed in accordance with the laws of and Malaysia and each party hereby agrees to submit to the exclusive jurisdiction of the Courts of Malaysia…..