For the purpose of these Terms of Service, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the meaning as may generally be accepted within the financial technology based on the context used herein:
|"Account"||means FINPAY account opened by you to subscribe to the Service.|
|"Add Funds"||means the service which enables you to deposit money in your Account in exchange for the Services via Channels designated by FINPAY.|
|"Available Balance"||means the balance available in your Account which you can use at any given time subject to the FINPAY Limit. For the avoidance of doubt, the amount reflected as the Available Balance in your Account shall include amounts deducted for pending Transactions.|
|"Bank Negara Malaysia"||means the Central Bank of Malaysia.|
|"Fund Transfer"||means the service which enables you to transfer money to other FINPAY users.|
|"Payment"||means the service which enables you to reload, pay bills or pay for purchases from FINPAY’s authorised merchants.|
|"Personal Information"||means information collected by FINPAY during the registration process from you for the provision of the Service.|
|"PIN"||means your six (6) digit mobile personal identification number used to log into your FINPAY account.|
|"Service(s)"||means the Transaction such as Add Fund, Fund Transfer, Payment and Cash Out offered by FINPAY to you.|
|"Service Fee"||means commission and/or charges payable by you for the utilisation of the Service (over and above the cost of the goods and services provided, if any).|
|"Transaction"||means transaction such as Add Fund, Fund Transfer, Payment and Cash Out performed by you via FINPAY subject FINPAY Limit.|
|"You or Your"||means the registered owner of the Account, authorised to use the Service subject to the Terms and Conditions herein.|
|"Mobile Number"||means a mobile number registered with a telecommunication provider in Malaysia.|
|"PIN ID"||means Mobile Number assigned by you as the FINPAY ID|
|"Mobile site"||means www.fin.my website.|
Please read these terms carefully before using the FINPAY payment facility. Using the online payment facility on this website indicates that you accept these terms. If you do not accept these terms do not use this facility.
www.finpay.my portal provides its Service (as defined below) to you, subject to the following terms which may be updated by us in our sole discretion from time to time subject to 21 days’ prior written notice being given to you, before any such variation to the terms and conditions take effect.
You agree that your continued use of the Service after such update will constitute your acceptance of an agreement to be bound by the updated terms. In addition, when using particular FINPAY’s Services, you shall be subjected to any posted guidelines or rules applicable to such Services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms. FINPAY also may offer other Services from time to time that are governed by different terms of services. These Terms do not apply to such other services.
The Services are provided by FINPAY for you to facilitate payments in connection with online transactions for products or services. By using the Services, you acknowledge and agree that FINPAY is not a bank and the Services should in no way be construed as the provision of banking services. FINPAY is not acting as a trustee, fiduciary or escrow with respect to your funds and it does not have control of, nor liability for, the products or services that are paid for with the Services.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through mobile devices that can access web-based Content, unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new FINPAY mobile application and web application properties, shall be subjected to the Terms and pay any Service Fee associated with such access. You acknowledge that FINPAY is not responsible or liable in any way for your access to the World Wide Web. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You acknowledge that you are solely responsible for the set-up, configuration or compatibility of the hardware, software and other equipment used by you for obtaining access to the Service. You understand and agree that the service is provided on "As-Is Basis" and that FINPAY assumes no responsibility for the timeliness, currency, deletion, undelivered or failure to store any user communications or personalization settings.
In order for the Service to be made available to you, you agree to sign up for a free of charge FINPAY Account and provide (a) true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FINPAY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FINPAY has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you. FINPAY is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of eighteen (18) who wish to allow their children access to the Service must provide proper guidance. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content is appropriate for your child.
You understand and acknowledge that all the Content, whether publicly posted or privately transmitted via the service, are the sole responsibility of the person from which such Content originated. This means that you and not FINPAY are entirely responsible for all Content that you upload, post, email or otherwise transmit via the service. FINPAY cannot and does not control or monitor the Content posted via the Service and, as such, cannot and does not guarantee the accuracy, integrity or quality of such Content. You understand and acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FINPAY be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to use the Service with the responsibility to:
You acknowledge that FINPAY cannot and does not pre-screen Content, but that FINPAY and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, FINPAY and its designees shall have the right to remove any Content (whether or not provided by you) that violates the Terms or is otherwise objectionable in their sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you must and will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not and will not rely for any purpose on any Content created by FINPAY or submitted to FINPAY, including without limitation information in FINPAY Website, and in all other parts of the Service.
You acknowledge and agree that FINPAY may in its sole discretion preserve any Content, and disclose any Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FINPAY, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices.
The Service is made available by FINPAY to you at its sole and absolute discretion subject to the Service Fee for the following Transactions:
You can start using our Service upon registration an Account by (1) downloading the FINPAY mobile application onto your mobile phone, or (2) accessing our Mobile site on the World Wide Web and register your mobile phone number as the FINPAY ID, confirming with a One-Time PIN (“OTP”) and choosing a Passcode.
All information provided must accurate as the information will be required for account verification purposes by FINPAY. Your Account cannot be transferred and will solely belong to the NRIC or passport holder registered under the mobile phone number in FINPAY. You are responsible for maintaining the confidentiality of the Passcode of the Account, and are fully responsible for all activities that occur under your Passcode or Account and shall ensure that you exit from your Account at the end of each session. FINPAY cannot and will not be liable for any loss or damage arising from your failure to take reasonable steps to maintain the confidentiality of your Account or Passcode.
You can access the Service by logging on the FINPAY mobile application onto your mobile phone.
In the event that you key in the wrong Passcode more than five (5) times, your Account will be blocked and the system will suspend your Account from making any Transaction temporarily. Should you wish to re-activate your Account, you are required to contact firstname.lastname@example.org
You agree to immediately notify FINPAY or by contacting our email@example.com in the event there is any fraudulent or unauthorized use of your Passcode or Account or any other breach of security. Our firstname.lastname@example.org shall immediately suspend your Account and investigate your complaint and respond to you within 24 hours of your complaint. However FINPAY shall not be liable to compensate your loss as it is your duty to take the necessary precautions to safe guard your PIN.
If your FINPAY Reload PINs have been stolen, lost, misplaced, damaged or malfunctions, you shall immediately notify our email@example.com and provide us with the receipt or any proof of purchase of the FINPAY PIN. In the event the FINPAY PINs have not been utilised, firstname.lastname@example.org shall block the PIN and refund the unutilised amount of FINPAY PIN to your Account however if the FINPAY PINs have been utilised, FINPAY shall investigate and upon you to lodging a report with the relevant authorities, FINPAY shall assist the authorities by providing the relevant information to accommodate the investigation however FINPAY shall not be liable to compensate your losses.
You acknowledge that the Service is and remains at all times the property of FINPAY and you shall:
Notwithstanding the aforesaid, FINPAY may refuse your Account from using the Services if your Account is suspected to have been fraudulently used, stolen or tampered with and FINPAY shall not be liable for any loss, cost or damage suffered, if any, by you as a result thereof.
You agree to indemnify and hold FINPAY, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to, transmit or make available through the Service, your usage your connection, your violation of the Terms, your violation of any rights of any other person, or your breach of any applicable law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the usage or access of the Service.
You acknowledge that FINPAY may in its sole discretion establish general practices and limits concerning use of Service, including without limitation the manner in which the Service may be used. You acknowledge that FINPAY reserves the right to terminate and/or delete accounts that are inactive for an extended period of time. You further acknowledge that FINPAY reserves the right to modify these general practices and limits at any time, in its sole discretion, with or without notice, and you agree that your continued use of the Service after such modification will constitute your acceptance of an agreement to be bound by the modified general practices and limits.
You may at any time discontinue the use of the Service by contacting our email@example.com who shall assist you with the refund subject to the term and conditions as determined by FINPAY.
You shall be required to contact the respective merchants for a refund for products purchased from the merchants using FINPAY as a payment instrument. In the event that FINPAY decides that you are entitled to a refund, the sum of the refund (if any) may be remitted to you within thirty (30) working days, via:
If you discover any error or discrepancy in your Account, you must contact the firstname.lastname@example.org within fourteen (14) days from the date of the disputed transaction, failing which, you shall be deemed to have accepted the accuracy of your Transaction.
If it is revealed in the course of FINPAY’s investigation that the disputed Transaction was indeed made in error, FINPAY will refund the disputed sum in the manner prescribed above. FINPAY reserves its right not to refund any disputed amount to you if FINPAY believes that you have acted contrary to these Terms.
You hereby agree and consent to the disclosure and release by FINPAY of any information in the possession of FINPAY relating to you, the particulars of the Transaction(s) or any designated account relating to the Transaction(s) for the purpose of investigating any claim or dispute arising out of or in connection with the Transaction(s) under the Service which consent shall survive the termination of the Service.
You hereby agree that in the event of a dispute or claim of any nature arising in respect of any Transaction, the records of the Transaction(s) available from FINPAY shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim. These terms are governed by and construed in accordance with the laws of Malaysia, and you hereby submit to the non-exclusive jurisdiction of the Malaysian courts.
You agree that FINPAY in its sole discretion, may terminate your Account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if FINPAY in its sole opinion believes that you have violated or acted inconsistently or fraudulently with the letter or spirit of the Terms. You agree that FINPAY may in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You also agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice and acknowledge and agree that FINPAY may in its sole discretion immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that FINPAY shall not be liable in any way to you or any third-party for any termination of your access to the Service.
You may at any time discontinue the use of the Service by
You further agree that if FINPAY terminates or suspends the Service or any part thereof for any fraudulent use of the Services, FINPAY shall not be obliged to refund or return any balance of monies in the Account until and unless clearance has been obtained from the relevant authorities, if applicable.
Your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Service (including without limitation advertisers and other users of the Service), including fund transfer, payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other party. You agree that FINPAY shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with such other parties, as the result of the presence of such other parties on the Service, or as the result of the use of the Service in any way by such other parties.
The Service may provide, or third parties may provide, links to other World Wide websites or resources. You acknowledge and agree that FINPAY has no control over such websites and resources, and that FINPAY is therefore not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that FINPAY shall not be responsible or liable in any way for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.
You acknowledge and agree that the Service and any necessary software/system used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FINPAY or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software or the Content (excluding Content owned by you), in whole or in part.
FINPAY grants to you a personal, non-transferable and non-exclusive right and license to use the object code of its Software/system on a single device; provided that you do not (and do not allow any third party to) copy, modify, adapt, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software/system. You agree not to modify the Software/system in any manner or form, or to use modified versions of the Software/system, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by FINPAY for use in accessing the Service.
You expressly understand and agree that:
You expressly understand and agree that FINPAY shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FINPAY has been advised of the possibility of such damages), resulting from:
You acknowledge that the disclaimers and exclusions of liability represents a fair and reasonable allocation of the risks and benefits of the agreement between FINPAY and you, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to FINPAY and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
Notices to you may be made via your FINPAY ID. FINPAY may also provide notices of changes to the Terms or other matters by displaying notices or links to notices, to you via your FINPAY ID. You agree that such notices, will constitute sufficient and adequate notice to you of the matters contained therein. All notices, requests and/or other communications from you to FINPAY under these Terms shall be communicated to our email@example.com
If you have any enquiry or complaint which is not addressed by FINPAY, you may contact Bank Negara Malaysia LINK and TELELINK at:
Bank Negara Malaysia
Laman Informasi Nasihat dan Khidmat (LINK)
(Walk-in Customer Service Centre)
Ground Floor, D Block,
Jalan Dato' Onn
50480 Kuala Lumpur
Contact Centre (BNMTELELINK)
Tel: 1-300- 88-5465, (Overseas: 603-2174- 1717)
Fax: 603-2174- 1515
FINPAY respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright, trademark or other intellectual property infringement, please provide firstname.lastname@example.org, the following information:
The Terms constitute the entire agreement between you and FINPAY and govern your use of the Service, superseding any prior understandings and agreements between you and FINPAY and any previous statements or representations from either party to the other party. You also may be subjected to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and the relationship between you and FINPAY shall be governed by the laws of Malaysia without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.