TERMS & CONDITIONS
The Services are made available by qBayar Sdn Bhd (“qBayar”) to you at its sole and absolute discretion and by using the Services upon Registration 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;
Any person that you allow to access the Service using your Account shall also be bound by these Terms and Conditions. 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).
For the purpose of these Terms and Conditions, 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 industry based on the context used herein:
means your electronic wallet account which is: link to the telephone number of your Mobile Device;
- link to the telephone number of your Mobile Device;
- managed and supervised by qBayar; and
- which records, amongst other things, the amount of Electronic Money which is available to you for use;
means the point in time when your Account is activated for use;
means software application named as “qBayar” or such other name as may be determined by qBayar from time to time which is downloaded unto the Mobile Device;
means a confirmation sent by you to qBayar authorising a particular transaction undertaken or transacted by you. Such authenticated shall be in a manner stipulated or determined by qBayar from time to time including but not limited to keying in your user ID and password or personal identification number (PIN);
means the funds in the form of Electronic Money which can be used at any given time subject to the Wallet Limit;
“qBayar” or “we” or “us” or “our”
means qBayar Sdn Bhd (Company No. 1278200-M);
means the topping up of the Electronic Money into your Account;
means the withdrawal of Electronic Money from your Account;
has the meaning prescribed to it in Clause 8 hereunder;
“Daily Transaction Limit”
means the limit imposed on relevant Transaction in any one (1) calendar day;
means money in digital form provided by “qBayar”in exchange for monies paid to QBayar and which may utilized by you via the App to make Payment, to Cash Withdrawal, to do an Electronic Money Transfer and/or to undertake such other transactions which may be stipulated by QBayar from time to time;
“Electronic Money Transfer”
means the service which enables you to transfer Electronic Money from your Account to another user’s Account or to receive Electronic Money into your Account from another user’s Account;
means frequently asked questions as made available on http://www.qBayar.com;
means any cause which is not within the control of qBayar including but not limited to act of God, flood, natural disaster, landslides, mudslides, soil erosions, storm, fire, earthquakes, war, riot, civil commotion, natural catastrophe, industrial disputes of any kind, act of government, government restraint, expropriation, change of law, strike, lockouts, blockade, outbreaks and pandemics and the interruption or failure of utility service including but not limited to electric, power, gas, water or telecommunication services;
“Intellectual Property Rights”
means rights in, and in relation to, any patents, registered designs, design rights, trademarks, trade and business names (including all goodwill associated with any trademark or trade business names), copyright and related rights, moral rights, databases, domain names, semi-conductor and other topography rights and utility models, and including the benefit of all registrations of, applications to register and the right to apply for registration of any of the foregoing items and all rights in the nature of any of the foregoing items, each for their full term (including any extensions or renewals thereof);
means a portable and wireless telecommunications device together with accessories including but not limited to smartphones and handheld tablets used by you to access and/or use the Service;
means the payment to qBayar and/or Participating Merchants for the purchase of goods and services using Electronic Money by means of the App;
means merchants designated by qBayar to sell goods and/or services in exchange for Electronic Money by means of the App;
means the refund policy as set out in Clause 14 hereof or may be determined from time to time by qBayar with respect to the Services;
means a stored value service provided by qBayar via the App which enables you to perform the transactions set out in Clause 2.5;
“Terms and Conditions” or “Agreement”
means these terms and conditions for the Service as may be varied or modified from time to time at qBayar’s sole discretion;
means the transaction performed by you via the Service including: –
- Electronic Wallet Transfer; and
- or any other service as may be introduced by qBayar from time to time;
means the maximum amount of funds that can be stored in your Account at any point in time depending on the type of your Account as approved by Bank Negara Malaysia
(Basic Wallet: RM 200.00 and Premier Wallet: RM 3,000.00).
We reserve the right to revise the Wallet Limit in accordance with any instructions/ regulations/ rules prescribed by Bank Negara Malaysia;
means the person who uses and/or accesses the Services;
means Know Your Customer process as determined by us from time to time;
means the password used to log into the App and the PIN is used to authorize payment above user-defined transaction limit from the wallet.
Use of Service
- In order to use the Service(s), you are required to create an account on the App by clicking on the “Sign up for one” link and following the on-screen prompts, and provide the requested information including but not limited to
- your name as per identity card/passport,
- your mobile phone number
- your email address
- your preferred password (minimum 6 characters)
- The provision of the Services and the Activation of your Account is at qBayar’s sole and absolute discretion.
- You may only use the Services once your Account has been Activated. Once your Account has been Activated, your use of the App and the Service shall be strictly in accordance with these Terms and Conditions.
- The App and the Services is only available on a Mobile Device and is strictly for your own personal use only as a subscriber of the Service. Any instructions, confirmation and/or communication sent from your Mobile Device shall be deemed to have been sent and/or issued by you irrespective of whether such instructions, confirmations and/or communications were actually sent by you or not. You shall be personally liable and responsible for the use of your Account including but not limited to all transactions undertaken and/or transacted using the Account once the said transaction has been Authenticated irrespective of whether the transactions is undertaken and/or transacted by you unless it can be established that such transactions was erroneously transacted due to an error on qBayar’s part.
- The Services made available to you via the App may perform the following transactions (the “Transactions”):
- a) Payment;
- b) Top-Up;
- c) Cash-Withdrawal;
- d) or any other service as may be introduced by us from time to time.
- All the aforementioned transactions by you shall only be undertaken and/or transacted with Electronic Money save and except for Top-Up.
- The Services may also allow you to purchase products and/or services from third parties including the Participating Merchants. Any transaction entered into between you and such third parties for third party product and/or services shall also be subject to any terms and conditions which may be stipulated by such third parties. Any such transactions are entered into at your own risk and you acknowledge and agree that qBayar shall not take any responsibility and/or liability for the products and/or services offered by the third parties to you including but not limited to the delivery, quality (including any defects or deficiency in the products and/or services), safety or the fitness for purpose of the products and/or services purchased by you from such third parties. qBayar shall not be responsible for the refusal of any merchant to honour or accept your purchases or payment made through the use of the Service. You further acknowledge and agree that you shall not initiate any legal proceedings against us for any claim you may have against such third parties.
- In using the App and the Services:
- a) 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 carry out the relevant transactions;
- b) your use of the Service is subject to the Wallet Limit and the Transaction Limit applicable to our Account. This qualification includes but is not limited to you being restricted and/or prohibited from perform a Top-Up transaction or receiving a Electronic Money Transfer whereby the total amount in your Account will exceed your Wallet Limit; and
- c) you are to ensure that there is sufficient Available Balance in your Account before using the Service to cover the total cost of the transaction (including any taxes and other applicable fees or charges) failing which qBayar reserves the right to block, reject or decline the transaction to be transacted through your Account;
- qBayar does not make any warranty, representation and/or undertaking (expressly, impliedly or otherwise) that the App and any subsequent revisions, modifications, updates, upgrades or versions is and would be compatible with your Mobile Device. It is your responsibility to ensure that the App is and will be compatible with your Mobile Device at all times and you acknowledge and agree that qBayar shall not be liable in any manner whatsoever for any liability, loss, damages, cost and expense suffered and/or incurred by you due to the App being incompatible with your Mobile Device.
- You shall, at all times, be solely responsible to keep confidential and safeguard your account details including your username and passport and PIN (“login credentials”). You shall not disclose your login credentials to any person. If you key in the wrong PIN more than three (3) times, your Account will be blocked and qBayar will suspend any Transactions made. Please contact us at support@qBayar.com.my to reactivate your Account. You shall be solely responsible and liable for any use and misuse of your Account and PIN and all activities that occur under your Account.
- The record of all Transactions authenticated through the PIN (where applicable) and Mobile Device number registered for the Account shall be binding and conclusive evidence of your Transactions. Any information, instructions and/or confirmation sent from the Mobile Device via the Account shall be deemed to have been issued by you notwithstanding that such information, instructions and/or confirmation may have been issued by a third party, whether authorised or otherwise, qBayar shall deem that the Services has been accessed legitimately and the Transactions conducted shall be valid. qBayar shall not entertain any request to reverse any wrongful Transactions authenticated through the PIN (where applicable) and Mobile Device/mobile number registered for the Account.
- Notwithstanding anything to the contrary, we reserve the right to block or decline any transaction at our sole and absolute discretion without assigning any reason thereto.
- You may opt out from the Service at any time by deleting your account on the app.
- You agree to indemnify qBayar from any expenses, liability, loss, damages and actions whatsoever arising from your purchase and use of products and services from qBayar.
Wallet Type, Wallet Limit and Functionality
- Wallet Limit is Ringgit Malaysia Two Hundred (RM200).
- Daily Transaction Limit is Ringgit Malaysia Three Thousand (RM3,000).
- Subject to the Wallet Limit and Daily Transaction Limit applicable to Basic Wallet as stated above as well as all relevant KYC and screening process, a user of the Basic Wallet can perform the following transactions:
- a) Top-Up; and
- b) Payment.
- To register as a user for this Basic Wallet, a potential subscriber only needs to produce basic identification documents and/or information, sufficiency of such document for any approval for the Basic Wallet shall be determined by us. All potential subscribers for this Basic Wallet shall be screened by us. The approval of any application to subscribe for this Basic Wallet shall be at our sole and absolute discretion.
- Wallet Limit is Ringgit Malaysia Three Thousand (RM3,000).
- Daily Transaction Limit is Ringgit Malaysia Three Thousand (RM3,000).
- Subject to the Wallet Limit and Daily Transaction Limit applicable to Premier Wallet as stated above as well as all relevant KYC and screening process, a user of the Premium Wallet can perform the following transactions:
- a) Top-Up;
- b) Payment; and
- c) Cash Withdrawal to the user’s own bank account (under the same user’s ID);
- To subscribe for the Premier Wallet, you must Complete Their Profile on the App and submit
- your name as per identity card/passport,
- your mobile phone number
- your email address
- your preferred password (minimum 6 characters)
- your gender
- your Nationality
- your Address
- your Date of Birth
- upload a clear ID (NRIC/passport) image for verification of your identity
- You will be subjected to a KYC process to ensure compliance with all relevant legislation and regulations. We reserve all rights to refuse, reject and/or decline any application by a user at our sole and absolute discretion without assigning any reasons whatsoever, and our decision shall be final and conclusive.
- You shall:
- keep your personal information, Password and PIN for your Account confidential at all times and shall take all steps to prevent the disclosure of your Password and PIN;
- ensure that all information and data provided to qBayar including personal data are true, accurate, updated and complete at the time of provision and shall promptly update such information and data if there are any changes to the same. qBayar shall not be responsible and liable whatsoever and howsoever to you due to any inaccurate or incomplete information and data provided to QBayar;
- comply with all notice or instructions given by qBayar from time to time in relation to the use of the Service and App;
- be responsible for all equipment necessary to use the Service and App, and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service and App;
- be responsible and liable for all usage of and all payment of the fees, charges, taxes and duties for using the Services including but not limited to payment of all fee, charges, taxes and duties for the purchase of products and/or services to qBayar and third parties including Participating Merchants in a timely manner;
- be fully responsible for any and all data transmitted or broadcasted from your Mobile Device whether by you or any other person;
- comply with all applicable laws of Malaysia relating to the Service, including without limitation to the Communication and Multimedia Act 1998, Financial Services Act 2012, Anti Money Laundering Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and their respective subsidiary legislation, which may be amended from time to time;
- take all reasonable steps to prevent fraudulent, improper or illegal use of the Service;
- cease to utilise the Service or any part thereof for such period as may be required by qBayar;
- report immediately to qBayar upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to the Mobile Device and its use. You agree to lodge a police report whenever instructed by qBayar and to give qBayar a certified copy of such report;
- access the App and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services or the App (including participate in any campaigns/ promotional activities initiated by us) in good faith;
- download and install the qBayar app from the Google Playstore and/or Apple iOS store from the official qBayar account. Any downloads & installation outside of this will be deemed unlawful and any actions thereafter by the user will not be liable by qBayar; and
- fully indemnify and shall keep qBayar fully indemnified against any loss, damage, liability, cost or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorised use or exploitation of the Services or part thereof.
- You shall not:
- use the Service and/or the App to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person;
- use the Service and/or the App to cause excessive or disproportionate load on the Service or qBayar’s system;
- use the Service and/or the App for any unlawful purposes including but not limited to vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person any message which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character;
- use the Service and/or the App for any purpose which is against public interest, public order or national harmony;
- use, permit or cause to be used the Service and/or App improperly or for any activities which breach any laws, infringe a third party’s rights, or breach any directives, content requirements or codes promulgated by any relevant authority including activities which will require qBayar to take remedial action under any applicable industry code or in a way interferes with other users or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying the Service or the internet;
- circumvent user authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with service to any user, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading qBayar’s legitimate web pages (referred to as “page-jacking”), or use the App or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability, and qBayar will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
- attempt to probe, scan or test the vulnerability of any of qBayar system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of the service providers or any other third party (including other users) appointed by us to protect our ability to provide the Service;
- attempt to download the App for the use of the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other approved third party web browsers;
- copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer and/or otherwise make available any of the Services or any information obtained by you while using the Services or while accessing the App;
- remove, change and/or obscure in any way anything on the App and/or the Services or otherwise use any material obtained whilst using the App and/or the Services except as set out in the Terms and Conditions; and
- copy or use any material from the App and/or the Services for any commercial purpose, remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material, or from any material copied or printed off from the App, or obtained as a result of the Services.
- use any of our trademarks, logo, URL or product name without qBayar’s written consent;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service; and
- impersonate or misrepresent your affiliation with any person or entity.
- attempt to receive funds from both qBayar and a Participating Merchant or other third party seller for the same transaction by submitting similar claims;
- use an anonymizing proxy while registering an Account;
- control an Account that is linked in any way to another account that has or suspected to be engaged in any restricted activities under these Terms and Conditions;
- interfere with another’s utilization and enjoyment of the App or Services;
- manipulate or exploit our promotional campaigns/ activities or other Services in anyway which qBayar may deem as improper, irregular or dishonest;
- use the Services for, or in relation to, any illegal purpose or criminal activity of any nature; and
- use the Services dishonestly or in bad faith or with malicious intent.
- You acknowledge that chat, discussion groups or bulletin board services and similar services offered by qBayar (“Public Communication Services”) are public communications, and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. qBayar is not responsible for, and does not control or endorse any Public Communication Services.
- Notwithstanding anything to the contrary, if any information provided by you is untrue, inaccurate, not current or incomplete, qBayar has the right to immediately terminate your account and refuse any and all current or future use of the Services or access to the App.
The Rights of QBayar
- qBayar reserves the right to make any alteration or changes to the Service, or any part thereof, or suspend or terminate the Service or any part thereof without prior notice and qBayar shall not be liable for any loss or inconvenience to you resulting therefrom.
- qBayar reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend these Terms and Conditions in accordance with Clause 18.6 hereof.
- Unless otherwise notified by you, you agree that qBayar may send you notifications relating to promotional and marketing activities from time to time. You may opt out from receiving any promotional or marketing messages from QBayar by unsubscribing via email or contacting customer service.
- qBayar may extract any details or personal information or any other data from you which is required to be used as evidence in court and/or when necessary in the event of a suspected and or proven misuse of the Service.
- qBayar may run campaigns/contest or promotions in relation to 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 conditions of such campaign/contest/promotion.
- qBayar may request for additional information or documentation at any time and for any reason, including but not limited to confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with qBayar. You agree that you will provide such information and/or documentation promptly to qBayar upon request. If you do not provide such information and/or documentation promptly, qBayar may, without any liability to you, either limit your use of the Services or suspend or close your Account.
Processing Your Instructions
- Mode of Instructions to qBayar are as follows:
- a) Email: You may email your request to support@qBayar.com.my;
- b) Social Media: You may send/post a message on our qBayar social media pages; and
- c) any other modes acceptable to us in our sole and absolute discretion
- You request and authorise qBayar to rely and act upon all apparently valid communications as instructions properly authorised by you, even if they may conflict with any other instructions given at any time.
- An instruction will only be accepted by qBayar if you have passed through certain security criteria as determined by qBayar from time to time.
- You agree that qBayar may act on any instructions given to qBayar even if these instructions were not authorised by you.
- qBayar will make reasonable efforts to process any instruction where you request qBayar to do so, but qBayar shall not be liable for any failure to comply with such a request unless it is due to qBayar’s failure to make reasonable efforts to do so.
- You must make sure that any instruction is accurate and complete, and qBayar is not liable if this is not the case.
- A transaction being carried out is not always simultaneous with an instruction being given. Some matters may take time to process and certain instructions may only be processed during normal working hours, even though the service may be accessible outside such hours.
- You will be responsible for all losses and payments (including the amount of any transaction carried out without your authority) if you have acted with gross negligence so as to facilitate that unauthorised transaction, or you have acted fraudulently. For the purposes of this Clause, gross negligence shall be deemed to include failure to observe any of your security duties referred to in the Terms and Conditions.
Intellectual Property Rights
- The Intellectual Property Rights in respect of all materials including without limitation all current and future copyrights, patent, trademarks, rights in databases, inventions or trade secrets, know-how, rights in designs, integrated circuit, topographies, trade and business names, domain names, get up, arks and devices (whether such applications can be made) which are capable of being protected and/or enforced in Malaysia and/or any relevant country of the world, any brand names, trademarks, services, products, hardware and software shall remain vested in the party originating or which has acquired the same. For clarity purposes, all trademarks used on the App and/or the Services are the trademarks of qBayar unless specified otherwise.
- You acknowledge and agree that the Services and the App are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.
- You are only allowed to use the App and the Services as set out in the Terms and Conditions, and nothing on the App and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property of other proprietary rights of QBayar.
- QBayar reserves the right to impose any charges, fees or subscriptions (“Charges”) for the use of certain Services, if such Charges are required. Some Services may be chargeable as indicated on the App and in any accompanying Terms and Conditions.
- qBayar will charge a fee to qBayar customers who withdraw their wallet into their designated bank account. The charges are as follows:
- a) 1% of the Cash-Withdrawal amount, subject to a minimum fee of RM2 for each Cash-Withdrawal request
- The Charges will be paid by deducting from your account.
- If any supply made under these Terms and Conditions is a taxable supply to which the applicable tax (including but not limited to the Malaysian Goods and Services Tax (“GST”) would apply (“Applicable Tax”), then qBayar reserves the right to levy the Applicable Tax at the prescribed rate and you agree to pay the amount of the Applicable Tax.
- In accessing and using the App and/or Services, you shall be fully responsible and liable for all charges and payment due to your communications services provider to access the App and the Services including but not limited to telephone charges and internet/data charges
- We are not liable for any fees raised by third parties including, but not limited to, card issuers or banks, for the usage of our Services. We reserve the right to decline acceptance of payment instruments, such as credit cards, debit cards or bank accounts, as funding methods at our sole discretion.
- The App and the Service are provided on an “as is” and “as available” basis.
- Except as expressly set out in these Terms & Conditions, all representations, conditions and warranties (whether express or implied, statutory or otherwise) including but not limited to the availability, accessibility, timeliness and uninterrupted use of the App and Service; sequence, accuracy, completeness, timeliness or the security of any data or information provided to you as part of the Service; any implied warranty of merchantability; any implied warranty of fitness for a particular purpose; any implied warranty of non-infringement; and any implied warranty arising out of the course of dealing, custom or usage of trade with respect to the Service provided by QBayar are expressly negative and excluded. The representations, conditions and warranties set forth in this Agreement with respect to the Services and App are the only representations, conditions and warranties made by QBayar and will not be enlarged or diminished without QBayar’s prior written approval.
qBayar’s Liability and Liability for service
- qBayar shall not be liable for any liability, loss, damages, cost and/or expenses (whether direct or indirect), or for loss of revenue, loss of business, loss of profits or any consequential or indirect loss whatsoever as a result of your use and/or misuse of the Service.
- It is your sole responsibility to make all efforts to ensure your App is up to date. The Services and in particular, Charges are periodically updated and you should check the App and the Services regularly to ensure that you have the latest information. You should also ensure that you download the most up to date version of the App and the Services.
- You acknowledge that qBayar is unable to exercise control over the security or subject matter passing over the Telecommunication Provider’s Network, the App or via the Services, and qBayar hereby excludes all liability of any kind for the transmission or reception of infringing any subject matter of whatever nature.
- 10.4 The App may contain links to website, web pages operated by third parties and you agree that your use of each website, webpage and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services of these third parties. You shall comply with the said terms and conditions and fully indemnify and to hold qBayar harmless from and against any claim resulting from your breach of any of the said terms and conditions.
- qBayar assumes no responsibility for and does not endorse unless expressly stated, created or published by third parties that is included in the App and the Services or which may be linked to and from the App.
- The App and/or the Services may be used by you to link into other applications, websites, resources and/or networks worldwide. qBayar accepts no responsibility for the services, and you agree to conform to the acceptable use policies of such website, resources and/or networks.
- Notwithstanding anything to the contrary contained herein, the maximum liability of qBayar shall not exceed an amount equivalent to the aggregate sum of the Available Balance of your Account at the date on which your claim arises.
Exclusion of Liability
- qBayar shall not be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of, or in connection with the performance of, or use of Services available on the App and in particular, but without limitation to the foregoing, qBayar specifically excludes all liability whatsoever in respect of any loss arising as a result of:
- a) use which you make of the App and the Services, or reliance on Services, or any loss of any Services resulting from delays, non-deliveries, missed deliveries, or service interruptions; and
- b) defects that may exist for any costs, loss of profits, or consequential losses arising from your use of, or inability to use or access, or a failure, suspension or withdrawal of all or part of the App and the Services at any time.
- All conditions or warranties that may be implied or incorporated into the Terms and Conditions by law, or otherwise are hereby expressly excluded to the extent permitted by law.
- In the event that you are not satisfied with the Services provided through the App, you can choose to discontinue with the Services.
- qBayar makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks which we have no control. The internet is not a secure environment. Unwanted programs or materials may be downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge.
- You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against qBayar arising from the above claims, and shall provide qBayar with notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at your sole expense.
- You are fully responsible for all products and services purchased when you make any payment through your Account or anytime when you authorize and Authenticate amounts to be deducted from your Account. You shall be fully responsible for ensuring that the transaction amount is correct.
- In the event that you discover any error or discrepancy in your account, you must contact us 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. In the event that it is revealed in the course of our investigation that the disputed transaction was indeed made in error by us, we will refund the disputed sum in the manner as stated in our Refund Policy.
- You agree and consent to the use by qBayar and/or its employees, personnel and advisors of any information related 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 disputed transaction(s) and that this consent shall survive the termination of the Service and/or this Agreement. You further 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) generated by us shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim.
Termination and Suspension
- If we reasonably suspect that you may be engaging in any of the restricted activities as set out in Clause 4 above or may be in breach of any of the representations, warranties, Terms and Conditions, we may, without any liability to you, take the following action(s) as we deem necessary:
- a) report any suspicious or illegal activity to the relevant authorities;
- b) cancel or refuse any Transactions;
- c) suspend or close any Accounts or terminate this Agreement and/or the Services or part thereof provided to you;
- d) withhold/ forfeit/ withdraw any monies which may release/ have released to you pursuant to any promotion campaigns/ activities/ refund process;
- e) apply, at our sole discretion, prevention and detection procedures and refuse the execution of Transactions; or
- f) take further steps as we, in our reasonable discretion, may deem necessary, including taking legal action against you.
- The suspension of the Service with respect to a particular breach shall not in any prejudice or prevent qBayar from exercising its right to terminate this Agreement and the Services with respect to the same breach.
- Notwithstanding anything to the contrary, qBayar may at any time, for any reason whatsoever and without any liability to you:
- a) suspend the Services or part thereof provided to you; and/or
- b) terminate this Agreement and/or the Services or part thereof provided to you, by giving written notice to you.
- If qBayar terminates or suspends the Service or any part thereof pursuant to Clause 13.1, qBayar shall not be obliged to refund the Available Balance (if any) until and unless clearance has been obtained from the relevant authorities, if applicable.
- If you do not have any transactions for more than six (6) months, qBayar will charge RM10 per month and every month thereafter until a transaction is done on your account. Prior to the RM10 transaction fee, qBayar will alert you via 3 emails sent at weekly interval.
- If you do not have any transactions for more than six (6) months, and there are no funds remaining in your Account, qBayar will send you 3 email alerts at weekly intervals, to perform a transaction in your Account. If you fail to do so, after the 3rd email alert, qBayar shall terminate your Account.
- In the event the Account and/or Service has been suspended and you request for reactivation of the same, qBayar may at its absolute discretion reactivate the Account and/or Service subject to any requirements as may be determined by qBayar. You agree that qBayar shall not be liable to you in relation to any inability of yours to access your Account or the Services or any part thereof.
- User is able to request for their account to be suspended or unsuspended by email to support@qBayar.com or call qBayar customer service team. Further validation will be required to authenticate the user.
- Termination of this Agreement for any reason shall not release You from any liability which, at the time of such termination, has already accrued to qBayar or which is attributable to a period prior to such termination nor preclude qBayar from pursuing any rights and remedies it may have hereunder or at law or in equity with respect to any breach of this Agreement.
- If you need a refund in respect of any fees or payments made towards the Service or any part thereof, please contact qBayar at support@qBayar.com. Subject to qBayar’s determining to its satisfaction that your money was wrongly deducted from your Account for Payment by qBayar due to technical error of qBayar, qBayar will refund to your Account such money which was wrongly deducted.
- Notwithstanding the above, you are only entitled to a refund if you have transacted for following Service:
- However, we shall not be responsible to settle any dispute that you may have with merchant for the purchased of goods and services using the Services. You shall be responsible to contact the respective merchants for a refund for products or services purchased from the merchants. We shall not liable any disputes that you may have with the Merchant and you hereby agree to pay us all Fees and Charges and the merchant for the value of the transaction, notwithstanding any dispute.
- In the event you terminate the Service and you are entitled to a refund, the sum shall be credited to a different Account nominated by you. You shall provide to qBayar all necessary information and documents for the purpose of refund upon request.
- qBayar reserves its right not to refund any disputed amount to you if qBayar believe you acted in contrary to these Term and Conditions.
- In the event the Service or your Account is ceased, terminated or suspended by qBayar due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013 and/or Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA) or any regulation and/or guidelines made thereunder), you shall not be entitled to obtain any refund of the Available Balance whatsoever and it shall be lawful for qBayar to retain for an indefinite period or release to the relevant authorities the Available Balance in accordance with applicable legislation, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.
- You hereby agree to fully indemnify and to hold qBayar harmless from and against any claim brought by a third party resulting from the use of the App and the Services in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered, or incurred directly or indirectly by qBayar in consequence of and/or in connection with the use of the App and the Services, and your breach of any of the Terms and Conditions.
- Without limiting the generality of any provision in these Terms and Conditions, qBayar shall not be liable for any non-performance and/or delay in performance of its obligations herein (including but not limited to the non-availability and/or interruption in the Services) caused by Force Majeure.
- Notwithstanding Clause 16.1 above, you shall remain liable to pay all fees and charges which are outstanding and/or due and payable to qBayar.
- Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia, and you hereby submit to the exclusive jurisdiction of the Malaysian courts.
Where any provision of, or the application of any provision of this Agreement is illegal or unenforceable or deemed to be illegal or unenforceable, the provision shall continue to apply with the necessary modification in order that the provision is legal, valid and enforceable provision. In the event that it is not possible to modify the relevant provision to make the provision legal, valid and enforceable, then such part of the provision which is illegal, invalid or unenforceable shall be severed but the remaining parts of the provision shall remain unaffected.
- No failure or delay on the part of qBayar in exercising any rights or remedies under these Terms and Conditions at any time or for any period of time, nor any knowledge or acquiescence by qBayar of any breach of any provision of these Terms and Conditions shall operate as or be deemed to be a waiver thereof nor shall a waiver by qBayar of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
- Any waiver of any right or remedy of qBayar under these Terms and Conditions shall only be valid and effective if it is agreed to by qBayar in writing.
You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Terms and Conditions or not) other than as expressly set out in the Terms and Conditions as a warranty.
- You shall not assign or novate these Terms and Conditions without qBayar’s prior written consent. The Account cannot be pledged or used in any manner by you as any form of security instrument for any purpose whatsoever.
- qBayar may assign or novate these Terms and Conditions to any third party by written notice to you and you shall execute such documents as may be reasonably required to give effect to the assignment or novation.
- Variation of Terms and Conditions
- qBayar reserves the right to amend, modify, change, delete, add or vary the Terms and Conditions from time to time at their absolute and sole discretion. These amendments and variations may include, but not limited to changes in the fee and charges, product features and service offerings. qBayar shall provide at least thirty (30) calendar days notice of any such amendments, modifications, changes, deletion, addition or variation prior to the amendments or variations take effect.
- All notices by qBayar in relation to variation of Terms and Conditions may be given by displaying on the screen upon access to the App and/or qBayar website, via email, or any other manner as qBayar deems fit.
- In the event where qBayar is of the view that immediate changes are necessary to safeguard the security of the Accounts and the Services, you acknowledge that the App may be automatically updated at qBayar’s sole discretion without notice to you.
- You shall be deemed to have agreed and accepted such amendments or variations of Terms and Conditions without reservation if you continue to access and use qBayar wallet and the App after the effective date of any such amendments or variations on the date specified in the notice, or where effective date is not specified, after a period of thirty (30) calendar days upon notice is communicated via channels in accordance with Clause 18.6 (b).