Terms of Use of e-Wallet (Draft)

Effective Date: 10 October 2024

The Services are made available by Wavpay Systems Sdn Bhd (“Wavpay”) to you at its sole and absolute discretion and by using the Services upon Activation including but not limited to, purchasing any product and/or services on the App, you unconditionally: –

·       Acknowledge that you have read and fully understood these Terms and Conditions and agree to be bound by these Terms and Conditions;

·       Consent to Wavpay using and processing your personal information and data following Wavpay’s Privacy Policy, which can be found at https://wavpay.net/privacy-policy-2/.

If you do not accept these Terms and Conditions, please do not continue with the registration process or Activation or the use of this Service(s).

A.    THE SCOPE OF USE

1.     The T&C only governs the legal relationship between you, Wavpay, and the Wallet Services. The Wavpay e-wallet is designed for the provision of specific services included within the e-wallet itself. Users are advised that if there are affiliated platforms or services offered within the e-wallet by our partners, the terms and conditions governing the use of those affiliated platforms or services shall be separate and distinct from these terms and conditions. Users are responsible for reading, understanding, and complying with the terms and conditions of any affiliated platforms or services they choose to use within the e-wallet.

2.     You agree that the use of the e-wallet is subject to all applicable laws and regulations. Users are strictly prohibited from using the e-wallet for illegal or fraudulent purposes, or to commit a criminal offense or other unlawful, indecent, or immoral activity. Wavpay reserves the right to take preventive or corrective actions, including but not limited to suspending or terminating accounts, to protect itself, its users, and the integrity of the e-wallet service.

3.     Eligibility

              a.            To use the Wavpay e-wallet, users must create and register 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:

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

ii.     An image of the identification document.

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

              b.            As a user, it is your responsibility to ensure that the information you provide is always current, complete, and accurate throughout your registration and use of the Services. If any changes or alterations are necessary, you should promptly inform Wavpay. You can access and update most of the information you initially provided to us. Wavpay may, at its discretion, request additional information from you as a condition for using a new service or to assess your eligibility to continue using the services. You agree to supply Wavpay with any information they may require for these purposes, including data needed to verify your identity or confirm the authenticity of any Banking Account you register for with Wavpay. In the event of any updates, it is your responsibility to promptly inform Wavpay to ensure that the provided information remains up-to-date and accurate.

               c.         Services

i.       Use of the App

The Wavpay App is exclusively available on mobile devices and is intended for the personal use of the subscriber of the service. Any instructions, confirmations, or communications sent from your mobile device using the Wavpay App will be considered as having been sent and issued by you, regardless of whether you initiated them. You are personally responsible for all activities conducted through your account, including transactions, once the authentication process for such transactions is completed. This responsibility applies unless it can be demonstrated that a transaction was erroneously initiated by Wavpay.

ii.     Available Services

The services accessible through the Wavpay App may include but are not limited to:

·       Payments

·       Reloading your e-wallet.

·       Electronic wallet transfers.

·       Withdrawals.

iii.    Nature of Wavpay Services

Please be aware that Wavpay is not a bank, and the e-wallet does not function as an interest-bearing account. We do not provide traditional banking services, and as such, funds held in your Wavpay account will not accrue interest or any other earnings. Wavpay diligently maintains a separate Deposit Account, tied to a Trust Account, with the utmost care to ensure the security of your funds and to prevent unauthorized access to Wallet Services. We utilize the latest available technology to safeguard your e-wallet.

a.     Participating merchants

                                                     i.             The Services may provide you with the opportunity to purchase products and/or services from third parties, including Participating Merchants. Any transaction you enter into with such third parties for their products and/or services will also be subject to the terms and conditions established by those third parties. It is important to note that such transactions are conducted at your discretion and risk.

.

                                                    ii.            You acknowledge and agree that Wavpay shall not assume any responsibility or liability for the products and/or services offered by third parties. This includes but is not limited to, aspects such as delivery, quality (including any defects or deficiencies in the products and/or services), safety, or fitness for the intended purpose of the products and/or services you purchase from these third parties. Additionally, Wavpay shall not be held responsible for any refusal by a merchant to honor or accept your purchases or payments made through the Service.

                                                   iii.            Furthermore, you acknowledge and agree that you will not initiate any legal proceedings against Wavpay for any claims you may have against these third parties. Your interactions and transactions with third-party providers are entirely your responsibility, and you assume any associated risks.

B.     WALLET ACCOUNT USAGE AND MAINTENANCE

1.     Activation of the Wallet Account

                i.           To activate your Wallet Account, you must first download our mobile application from trusted app stores such as Google Play Store, Apple’s App Store (iOS), and Huawei Gallery, or use other designated channels determined by Wavpay from time to time.

              ii.            By activating your Account, you authorize the deduction of Electronic Money and/or funds from your Account and the deposit of Electronic Money and/or funds into your Account to facilitate the necessary transactions.

             iii.            The acceptance and continuation of your Account will be solely at the discretion of Wavpay. Wavpay reserves the right to reject and decline any application at its sole and absolute discretion. This may occur if Wavpay’s records indicate that you have been blacklisted by Wavpay, Bank Negara Malaysia, or if any of your accounts have been monitored by Wavpay due to unusual, irregular, suspicious, fraudulent, and/or unauthorized activities or suspected misuse. Furthermore, if any of your accounts have been blocked, canceled, or terminated by Wavpay, please note that Wavpay is not obligated to provide reasons, evidence, or grounds for declining your application.

             iv.             While the application is open to all individual customers, Wavpay reserves the right to reject any application and/or decline to open the Account at its sole and absolute discretion without the obligation to provide reasons. Wavpay’s decision in this regard shall be considered final and conclusive.

2.     Wallet Account Balance and Usage

                i.         Sufficient Available Balance

Before using the Service, it is essential to ensure that your Wallet Account maintains a sufficient Available Balance to cover the total cost of the transaction.

              ii.         Wallet Amount Limits

Wallet Limit – The maximum Wallet Limit is set at RM20,000 or any approved limit by Wavpay. The wallet account limit is set by the type of e-wallet account granted to you as follows:

             iii.         Charges for Services

Wavpay reserves the right to impose charges, fees, or subscriptions (“Charges”) for the use of specific Services if such Charges are applicable. Information regarding chargeable services, including charges by third parties providing services via the e-wallet, will be provided on the App and detailed in the accompanying Terms and Conditions.

             iv.         E-wallet Reload

You may reload your Wallet Account using the following methods, up to a maximum value of Ringgit Malaysia Twenty Thousand (RM20,000.00) or your approved e-wallet limit:

By performing any of the reloading methods above, you are responsible and liable for all reloads that may occur. If a third-party bank account or credit card is used, you must have obtained consent from the owner before the reload. A successful reload is considered to have received consent from the third party.

             v.         Cash withdrawal

a.     You may request to withdraw funds available in the e-wallet, and the withdrawal can only be made to a valid bank account registered under your name as the e-wallet user. However, withdrawals cannot be performed if the reloads are made using a credit card

b.     You may request to withdraw available funds in your e-wallet, either using the over-the-counter or DuitNow services.

c.    The over-the-counter withdrawal service is provided by our participating merchants, where you can visit the merchant’s premises to perform withdrawals. You are required to secure your withdrawal request by keying in your Payment PIN to proceed with the withdrawal transaction. You must check the amount received and the e-wallet statement immediately after receiving the cash from the participating merchant.

d.    The DuitNow service allows you to withdraw any amount subject to that you have registered your bank account. The transaction is done in real time therefore you must check your updated balance in your bank account and also your e-wallet statement after the withdrawal transaction has been performed.  

3.     Refund

        i.         You may request for refund of your e-wallet balance based on the reloads done from your registered bank account or credit card account (refunds for reloads made via over-the-counter service provided by our participating merchants are not allowed). The redund amount will be credited back to the source of funds, either bank account or the credit card used to perform the reload.

          ii.         Refund Process

Wavpay shall initiate the refund of the Wallet Account Value (minus any applicable fees) within thirty (30) days of receiving your email notification at [email protected], subject to the provision of all necessary documentation of processing.

      iii.         Disputed Amount Refund

You are required to provide the following information for Wavpay to process the refund:

a) Full name used for the registration of your e-wallet account;
b) Mobile number used for the registration of your e-wallet account;
c) Details of the bank/credit card account number for Wavpay to refund the amount;
d) Evidence of the bank account or credit card such as the bank or credit card statement

         iv.         Disputed Amount Refund

Wavpay reserves the right to withhold the refund of any disputed amount if there is reason to believe that you have acted in violation of these Terms and Conditions.

          v.         Ceased, Terminated, or Suspended Service or Account

If the Service or your Account is ceased, terminated, or suspended by Wavpay due to fraudulent, illegal, or unlawful transactions, including but not limited to violations of any applicable laws (such as the Financial Services Act 2013 and/or Anti-Money Laundering and Anti-Terrorism Financing Act 2001, or any regulation and/or guidelines made thereunder), you shall not be entitled to receive any refund of the Available Balance. Wavpay may lawfully retain the Available Balance for an indefinite period or release it to the relevant authorities under applicable legislation, regulation, and/or guidelines. You are not entitled to claim any form of compensation for any loss arising from such actions. Upon the completion of the investigation, if it is determined that the cessation, termination, or suspension was not warranted, a refund of the Available Balance will me made to you.

4.     Disputed Closure of Account

          i.         You may request to close your e-wallet account and request for refund of the the full amount by contacting Wavpay at [email protected]. However, such a request for closure can only be made if the account has been activated for not less than 3 month

         ii.        You are required to provide the following information for Wavpay to process the refund for the account closure:

a) Full names used for the registration of your e-wallet account;
b) Mobile number used for the registration of your e-wallet;
c) Details of the bank account number for Wavpay to refund the amount;
d) Evidence of the bank account such as the bank or credit card statement

       iii.        Wavpay will process the refund within thirty (30) days after receiving the complete information and being satisfied that you have not breached any terms and conditions of use of the e-wallet including but not limited to violations of any applicable laws (such as the Financial Service Act 2013 and/or Anti-Money Laundering and Anti-Terrorism Financing Act 2001, or any regulation and.or guidelines made thereunder)

       iv.         Once your e0wallet account is deemed closed, you are not allowed to open a new e-wallet account within a period of three (3) months from the closure date, under the cooling-off policy by Wavpay for reopening of e-wallet account by previous e-wallet users.

5.     Disputed transaction

          i.         Responsibility for Transactions

You are entirely responsible for all products and services purchased when making payments through your Account or authorizing and authenticating deductions from your Account. It is your responsibility to ensure that the transaction amount is accurate.

         ii.         Reporting Discrepancies

If you discover any errors or discrepancies in your account, you must contact us by emailing [email protected] within twenty-four (24) hours from the date of the disputed transaction. Please include details such as your full name, phone number, and transaction ID in your email. Failure to notify Wavpay within twenty-four (24) hours implies your agreement that the bills and transactions are accurate, and you shall pay the billed amount using Wavpay e-money. An administrative charge may be imposed for disputes initiated by you.

       iii.         Error Investigation

If our investigation reveals that the disputed transaction resulted from an error on our part, Wavpay will refund the disputed amount according to our Refund Policy.

       iv.         Use of Information for Investigation

You consent to Wavpay, its employees, personnel, advisors, and the bank performing the processing of the payment, using any information related to you, transaction particulars, or designated accounts related to the transaction to investigate any claims or disputes arising from disputed transactions. This consent remains in effect even after the termination of the Service and/or this Agreement. In the event of a dispute or claim, the transaction records generated by Wavpay and the bank will be the sole basis for resolving the dispute.

         v.         Termination and Refunds

In cases of raised disputes, if Wavpay terminates or suspends the e-wallet Account, Wavpay is not obligated to refund or return any e-money in the form of real currency (RM) until clearance is obtained from the relevant authorities.

       vi.         Further Dispute Resolution

If you are not satisfied with Wavpay’s response and resolution, you have the option to escalate the dispute to Bank Negara Malaysia (BNM) for further resolution using the contact details provided below:

Bank Negara Malaysia

Laman Informasi Nasihat dan Khidmat (LINK)

Ground Floor, D Block,

Jalan Dato’ Onn,

50480 Kuala Lumpur

Contact Centre (BNMTELELINK)

Telephone      : 1 300 88 5465 or +603 2174 1717 (From Outside of Malaysia)

Fax                 : +603 2174 1515

Email              : [email protected]

vii.         If you are not satisfied with how we handle your disputes, you may further refer your disputes to the Ombudsman for Financial Services (OFS), which handles consumer complaints, within 6 months from the date of our dispute resolution. The procedure for lodging a dispute with OFS can be found in the pamphlet on ‘Resolution of Financial Disputes.” 

6.     Device, Message and Data Usages Charges

          i.         Compatibility with Mobile Devices

Wavpay does not provide any warranty, representation, or undertaking (express or implied) that the App, as well as any subsequent revisions, modifications, updates, upgrades, or versions, will be compatible with your Mobile Device. Ensuring the compatibility of the App with your Mobile Device is your responsibility, and you acknowledge and agree that Wavpay shall not be liable in any way for any liability, loss, damages, costs, or expenses incurred by you due to any incompatibility issues between the App and your Mobile Device.

         ii.         Messages and Data Usage

a.     You acknowledge that certain messages and data charges may apply from your wireless service providers and/or carriers, and these charges might affect your use of the Wallet. For instance, your mobile service carrier or provider may impose data usage charges related to your use of the Wallet. This can include downloading the required software, receiving or sending text messages, or other activities on your mobile device while using the software or other products and services provided by the Wallet.

b.     You agree that you are responsible for all such fees and restrictions imposed by your service providers and carriers. Additionally, you acknowledge that Wavpay may contact you via various communication methods, including SMS, email, in-application messages, automatic calls, or text messages, for various purposes related to your Wallet accounts. These purposes may include account servicing and collection, among others.

7.     Account Holder’s Acknowledgment and Consent

          i.         Furnishing information

As the holder of the Account, you explicitly acknowledge and agree that you will provide Wavpay with any information required by Wavpay for regulatory reporting obligations or any other reasons that Wavpay deems reasonable or necessary.

         ii.         Authorization and Consent

You hereby provide your express authorization and consent to Wavpay for the processing of information, as defined under the Personal Data Protection Act 2010 (“PDPA”), and for the disclosure of information to third parties. This includes information related to your data and particulars related to the Account. Such disclosure will be solely to determine your eligibility to participate and/or for the fulfillment of any benefits associated with applying for Wallet services. Wavpay’s use of personal data shall be governed by the provisions of the PDPA.

       iii.         Representation and Warranty

In the process of applying for the Account, using, and/or operating the Account, you affirm and warrant that:

a.     All information you provide in connection with the Wallet Account is true, correct, accurate, and complete.

b.     You have a registered mobile number, and you have the legal right to provide the information to us to operate the Wallet Account.

8.     Grant of License and Restriction

          i.         License Grant

Wavpay hereby grants you a non-exclusive, non-transferable, limited, personal, and revocable right and license to access and use the Wallet for your personal use only, on the condition that you fully comply with the Terms and Conditions. You acknowledge and agree that certain functionalities or services offered by the Wallet may be provided by Wavpay’s parent entity or affiliates.

         ii.         Usage Restrictions

You are prohibited from using the Wallet for purposes other than making payments and managing your account. This includes any interference or attempted interference with the operation or use of the Wallet through any means or device. Prohibited activities encompass spamming, hacking, modifying, uploading, programming, employing Trojan horses, time bombs, cancelbots, sending or using computer viruses, or any other actions that could compromise the security or functionality of the Wallet. Additionally, you shall not interfere with, surreptitiously intercept, or expropriate any system, data, or other personal information.

       iii.         Restrictions and Modifications

You may not reverse-engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent, or otherwise translate (or assist any other person in doing any of the foregoing) the Wallet in whole or in part.

       iv.         Liability and Service Loss

You shall not engage in activities that create liabilities for us or cause the Wallet to lose (in whole or in part) the services of our ISPs or other suppliers.

         v.         Conduct

You shall not cause annoyance, inconvenience, needless anxiety, or be a nuisance.

       vi.         Prohibited Actions

You shall not circumvent user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”). You are also prohibited from interfering with service to any user, host, or network (referred to as “denial of service attacks”). Additionally, actions such as copying pages or registering identical keywords with search engines to mislead other users (referred to as “page-jacking”) or using the App or the Services for any unlawful or objectionable conduct are strictly forbidden.

      vii.         Consequences of Non-Compliance

In the event of your failure to comply with these Terms and Conditions, or if Wavpay has reasonable suspicion that you have failed to comply, Wavpay, at its sole discretion and without prior notice, may immediately terminate and suspend your use of the Wallet, revoke the licenses granted hereunder, and preclude access to the Wallet. Wavpay reserves the right to pursue claims for damages or engage in criminal prosecution where applicable.

9.     Account Password and Security

          i.         Password Maintenance

As a safety measure, you should change your password frequently. Additionally, Wavpay may, at its discretion, suggest other means of authentication.

         ii.         Confidentiality Responsibility

You are solely responsible for maintaining the confidentiality of your registered login name, account, PIN, OTP and password. You must also take steps to prevent unauthorized access to your Mobile Device or tablet. If your Wallet Password or PIN is stolen becomes known to an unauthorized third party, or is compromised in any way, you must immediately notify Wavpay. Your Wallet account will continue to operate normally until you officially report it as lost or stolen. In the event of loss, theft, or compromise, you must report it to Wavpay as soon as possible. Wavpay is not liable for any loss or damages resulting from your failure to report these issues, apply security measures to your device, keep your PIN confidential, or report a lost, stolen, or damaged device.

       iii.         Reporting Loss or Theft

In the case of loss, theft, or compromise of your Wallet Account, you may report it by emailing Wavpay Customer Services at [email protected]. Wavpay will then terminate or suspend your Wallet account.

       iv.         Invalidation of Wallet Account

Wallet account invalidation will take effect within twenty-four (24) hours upon notification. You will remain responsible for all Wallet transactions (including associated costs from unauthorized use) that occurred before actual Wallet account invalidation. Wavpay is not responsible for refunding any funds until twenty-four (24) hours have passed since the date and time of your report or notification.

         v.         Password Retrieval and Liability

If you forget your User ID and/or password or if your password(s) expire or are disabled, you can request a password change via the App. Selecting a new password and/or replacing a User ID does not constitute the commencement of a new contract. You acknowledge that Wavpay shall not be held responsible or liable if you fail to follow the Wallet Services instructions as published by Wavpay on the site from time to time. You agree to fully indemnify and hold harmless Wavpay in this regard.

       vi.         Lockout Policy

The Wallet Services User ID/Password will be locked after three (3) incorrect PIN Number entries. Access will be reinstated after a period of two (2) hours.

      vii.         Inactive Account

Wavpay may deactivate your Wallet Services ID if your account remains unused or lacks added value for a period exceeding twelve (12) months.

     viii.         Mode of Authentication

Wavpay uses various modes of authentication for Users, including User ID, password, Payment PIN, and transaction OTP verification. You hereby agree to and consent to the mode of verification adopted by Wavpay. Transactions conducted using these modes are considered valid, binding, and enforceable.

       ix.         Account Responsibility

You agree to accept responsibility for all activities occurring under your account or password, whether authorized by you or not. It is your responsibility to:

a.     Log out or exit your account at the end of each session.

b.     Maintain the confidentiality and security of your password. Notify Wavpay immediately if you have reason to believe your password has become known to others.

c.      Prevent unauthorized access to your mobile device while using Wallet Services.

d.     Comply with all notices or instructions provided by Wavpay regarding the use of the Service and App.

e.     Adhere to all applicable laws of Malaysia related to the Service.

f.      Download and install the Wavpay app only from the official Wavpay account on the Google Play store or Apple iOS store. Any downloads and installations outside of this are considered unlawful and not liable by Wavpay.

g.     Do not disclose your personal or confidential information to anyone via email, SMS, or phone call, even if the request appears to be from Wavpay. Wavpay or any of its representatives will never ask for your personal information such as usernames and passwords via email, SMS, or phone call.

h.     Fully indemnify and hold Wavpay harmless against any loss, damage, liability, cost, or expense arising from claims related to your use of the Services.

10.     Termination of Wallet Account

          i.         User-Initiated Termination

You may terminate your Wavpay wallet account at any time by sending an email notification to Wavpay at [email protected]. Upon your confirmation of account closure, the following actions will take place:

a.     If you were in the process of purchasing goods or services, any pending transactions will be canceled.

b.     Any offline token assigned to your account will be canceled.

c.      Any virtualized cards (if activated) associated with your account will be disabled.

d.     Any remaining funds will be remitted to the bank account based on the details provided in your application for account termination. If you prefer the funds to be remitted to a different account, please provide us with the details. Funds will be remitted to you after deducting administrative fees for account closure. The remittance will be completed within thirty (30) days from the date of your closure request.

         ii.         Investigation and Right of Set-Off

Wavpay reserves the right to hold your funds for an investigation period if it appears that your account has been potentially subjected to fraud or is in dispute with another Wavpay Wallet account holder. Wavpay shall have the right of set-off and lien, irrespective of any other lien or charge, present as well as future, on the account(s) held by you or in any other account, to the extent of all outstanding dues arising from the use of Wallet Services by You.

       iii.         Account Suspension Due to Inactivity

Your Wavpay wallet account will be suspended if it remains dormant, or inactive, or if you have not conducted any transactions through the Wavpay wallet for a period of twelve (12) months. To reactivate your account, you will be required to email us at [email protected], and applicable fees will be applied during the inactive period.

11.  Privacy and Protection of Personal Data

                i.         Data Collection and Usage

You agree that Wavpay may collect, use, disclose, transfer, and store personally identifiable data and information about You following the Wavpay Important Notice (“Wavpay Important Notice”) and the Wavpay Privacy Policy (“Privacy Policy”). The Wavpay Important Notice supplements the Privacy Policy, and in case of any inconsistency or conflict between the terms of the Wavpay Important Notice and the Privacy Policy, the terms of the Wavpay Important Notice shall prevail.

12.  Disclaimers

          i.         Warranty and Liability Disclaimer

Wavpay is provided “As is,” “Where is,” and “As available” and without warranties of any kind. Wavpay makes no representations or warranties or guarantees of any kind or nature, whether express or implied, relating to Wavpay, its employees, suppliers, and its licensors, specifically disclaims all such warranties including, without limitation:

a.     Implied warranties of merchantability and fitness for a particular purpose and non-infringement;

b.     Warranty that the contents of the service are free from infection of viruses or anything else, which has contamination or destructive properties;

c.      Warranty that Wavpay will meet your requirements or that the access to the services will be uninterrupted, timely, secure, or error-free manner;

d.     That the quality of any products, services, information, or other material purchased or obtained by you through Wavpay will meet your expectations, and that any errors in the software will be corrected;

e.     Any damage to your mobile device or loss of data that results from the download of any such material, whether due to any computer virus, bug, malfunction, or otherwise;

f.      The completeness, accuracy, reliability, or currency of any information or data that you obtain through Wavpay;

g.     No advice or information, whether oral or written, obtained by you from Wavpay or through or from the Wavpay services shall create any warranty (save for any fraudulent misrepresentation by Wavpay).

         ii.         Limitation of Liability

In no event shall Wavpay, its employees, suppliers, or its licensors be liable to You for any loss of profits, revenue, opportunity, business goodwill, use, data, or other intangible losses, or indirect, incidental, consequential, special, exemplary, or punitive damages, even if Wavpay or its licensors have been advised of the possibility of such damages.

       iii.         Device and Account Usage Responsibility

In no event shall Wavpay, its employees, suppliers, or its licensors be liable to you for any damage or loss if you allow anyone (such as another user or a merchant) to use or handle Your Wavpay application, your device, or the Wallet account.

       iv.         Participating Merchants and Offers

Participating Merchants may present to you certain discounts, rebates, rewards, or other benefits within the Wavpay Wallet. Such offers are subject to certain terms and conditions and may change at any time without notice to you. Wavpay will not be liable for any loss or damage as a result of any interaction between you and a merchant concerning such offers. Subject to applicable law and Wavpay agreement, all matters, including delivery of goods and services, returns, and warranties, are solely between you and the applicable merchants. You acknowledge that we do not endorse or warrant the merchants that are accessible through the Wavpay Wallet or the offers that they provide.

         v.         Third-Party Services

Wavpay may include links or access to third-party services. Such access will not be construed as an endorsement, sponsorship, or affiliation. Wavpay exercises no control whatsoever over such other third-party services and is not responsible or liable for the availability, functioning, or quality thereof or the content, advertising, product, or other materials thereon. Wavpay will not be responsible or liable, directly or indirectly, for any damage or loss (including data loss) incurred or suffered by any User in connection therewith. Your access and use of third-party services, including information, material, products, and offers therein, are solely at your own risk, use of third-party services may require your agreement to separate written terms and conditions.

       vi.         Service Interruptions

The site of Wavpay may require maintenance and during such time, it may not be possible to process your request. This could result in delay and/or failure in the processing of instructions. You understand that Wavpay disclaims all and any liability, whether direct or indirect, whether arising out of loss or otherwise arising out of any failure or inability by Wavpay to honor any customer instruction for whatsoever reason.

      vii.         Promotional Notifications

Wavpay may send you notifications relating to promotional and marketing activities from time to time. You may opt out of receiving any promotional or marketing messages from Wavpay by unsubscribing via email or contacting customer service.

     viii.         Campaigns, Contests, and Promotions

Wavpay may run campaigns/contests or promotions about the Service as may be notified to you from time to time. You agree that your participation in such campaign/contest/promotion shall be subject to the specific terms and conditions of such campaign/contest/promotion.

       ix.         General Disclaimer

This disclaimer also applies to any claims you may bring against any other party to the extent that Wavpay would be required to indemnify that party for such claim. The foregoing disclaimers, exclusions, and limitations shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

13.  Indemnification

          i.         Your Responsibility to Indemnify Wavpay

You will 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:

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

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

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

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

14.  Waiver

          i.         Wavpay’s Non-Enforcement

Wavpay’s failure to enforce any provision of these Terms and Conditions or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provisions. If any part of the Terms and Conditions is found void and unenforceable, it will not affect the validity of the balance of the Terms and Conditions, which shall remain valid and enforceable.

15.  Amendments in Terms and Conditions

          i.         Wavpay’s Rights to Update

Wavpay reserves its rights, in its sole discretion, to update, change, modify, add, supplement, discontinue, remove, delete, or revise any of the T&C from time to time without prior notice. Wavpay will endeavor to notify the changes within twenty-one (21) calendar days before the changes and variations take effect, by posting it on the Site or any other means as Wavpay may deem fit, which will be binding on you. By continuing to use Wavpay in any way after such modification, you will be deemed to have read, understood, and unconditionally consented and agreed to such changes, and in no event, shall Wavpay be liable for any claims, costs, or damages caused by or arising out of such actions. The Terms and Conditions shall remain valid until it is replaced by another agreement or terminated by either party or the account is closed, whichever is earlier, save for those said to survive termination.

16.  Proprietary and Intellectual Property Rights

          i.         Ownership of Intellectual Property

The copyright, trademarks, logos, slogans, and service marks displayed on the Wavpay Wallet are registered and unregistered intellectual property rights of Wavpay or respective intellectual property rights owners. Nothing contained on the Wallet should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any intellectual property displayed on the Wallet without the written permission of Wavpay or such third party that may own the intellectual property displayed on the Site.

         ii.         Right to Access and Use

Wavpay grants the right to access the Wallet to you and use the Wallet Services under the Terms and Conditions mentioned herein. You acknowledge that the services including, but not limited to, text, content, photographs, video, audio, and/or graphics, are either the property of, or used with permission by, Wavpay and/or by the content providers and may be protected by applicable copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Malaysia and other countries, and the applicable terms and conditions.

       iii.         Respect for Copyrights

You should assume that everything you view or read on the Wallet (collectively referred to as “content”) is copyrighted/protected by intellectual property laws unless otherwise provided and may not be used, except as provided in the Terms and Conditions, without the prior written permission of Wavpay or the relevant copyright owner.

       iv.         Consequences of Breach

Any breach of the restrictions on use provided in these terms is expressly prohibited by law and may result in severe civil and criminal penalties. Wavpay shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential, and exemplary) over and above all other remedies available to it, to protect its interests therein.

17.  Notices

          i.         Modes of Communication

Notice under the Terms and Conditions to You may be given through any medium of communication as may be deemed appropriate by Wavpay, which primarily includes in-app notification, www.wavpay.net, email, SMS, or public notification through media. Such notices will have the same effect as a notice served individually to each User.

18.  Force Majeure

          i.         Exceptional Circumstances

Wavpay shall not be liable for any delay in performing or failure to perform any of its obligations under the Terms and Conditions caused by circumstances beyond its reasonable control. These circumstances include but are not limited to, the failure, malfunction, or unavailability of telecommunications, data communication, and computer systems and services, natural calamities, war, civil unrest, government action, strikes, lock-outs, or other industrial action or trade disputes. Any delay or failure of this nature will not be considered a breach of the Terms and Conditions, and the time for performance of the affected obligation will be extended for a reasonable period under the circumstances.

19.  New and Additional Services

          i.         Introduction of New Services

Wavpay may provide you with new or additional services associated with your Wallet from time to time, and these new services will be governed by the terms and conditions herein or as amended from time to time for the respective services.

20.  Notices and Assignment

          i.         Assignment by You

You may not assign or transfer these Terms and Conditions without the prior written consent of Wavpay.

         ii.         Assignment by Wavpay

Wavpay may assign or transfer these Terms and Conditions to any third party by providing written notice to you. In such cases, you agree to execute any necessary documents to facilitate the assignment or transfer.

21.  Applicable Law and Jurisdiction

          i.         These Terms and Conditions shall be subject to and interpreted under the laws of Malaysia.