Acceptance of Terms & Conditions

Acceptance of Terms & Conditions

Please read this document carefully. It contains important information about your right and obligations.

Welcome to MYeCASH. We are glad to have you as part of our service. We are committed to provide the best possible value and convenience for you. Before you get started, you must read and agree to these Terms and Conditions in connection with the usage of the services provided by Mobile e-Transaction Sdn Bhd (Company No. 710152-K) (MeT) herein.

By participating in the MYeCASH System and using the Website and SMS services provided by MeT herein, you accept and agree to be bound by these Terms & Conditions. MeT may, at its sole and absolute discretion, modify these Terms & Conditions at any time and from time to time. By accepting these Terms & Conditions, you are deemed to expressly understand that the use of the Website, SMS services and the products and services provided by MeT under the MYeCASH System and the system is provided on an “as is” and “as available” basis. Except where explicitly specified, MeT disclaims to the fullest extent permitted by law, all guarantees and promises, whether express or implied, including but not limited to guarantees of merchantability, fitness for any particular purpose and non-infringement of proprietary rights.

Definitions

In this Agreement, the following words and expressions shall have the following meanings unless the context otherwise requires:-

“Agreement”

means these Terms & Conditions governing the use of the MYeCASH System by the User as may be amended at any time and from time to time as MeT shall, at its own absolute discretion, determine and shall include:-

(i)   Any rules, procedures, terms and conditions for products, services or facilities as determined by MeT from time to time; and

(ii) Any documents, directives, correspondence and agreements referred to in these Terms & Conditions and forming an integral part here of, together with any amendments made at any time or from time to time to any of the foregoing.

 

“Business Day”

means a day other than Saturday, Sunday or public holidays on which banks are open for business in Kuala Lumpur and Selangor Darul Ehsan;

 

“Force Majeure Event”

means any circumstance beyond the reasonable control of any Party for which the Party affected could not have been expected to take effective precautions, including but not limited to:

(i)  war, hostilities (whether war be declared or not), invasion, act of foreign enemies, rebellion, revolution, insurrections, military or usurped power, civil war, terrorism;

(ii) natural catastrophe including but not limited to earthquakes, floods or any operation of the force of nature against which either Party could not reasonably have been expected to take effective precautions;

(iii)  governmental policy or directive, labour unrest or other industrial disturbances affecting the performance of this Agreement which are not the fault of either Party and/or its contractors or sub-contractors; and

(iv) nuclear explosion, radioactive or chemical contamination or ionizing radiation

“TAC or Transaction Authorisation Code”

means the six-digit security pin combination sent by MeT through SMS to the User’s Mobile Phone (as defined below) for the purposes of utilizing the MYeCASH System (as defined below) via the Internet or SMS; 

“Merchant(s)”

means merchants, vendors, persons, corporations or entities duly registered with MeT to provide goods, services and/or products to the Users through the MYeCASH System; 

“Maximum Limit”

means the maximum limit of the value of transactions conducted by the User through the MYeCASH System, which limit shall be determined by MeT and shall be subject to change, as MeT may at any time and from time to time, at its absolute discretion, determine; 

“MYeCASH System”

means the electronic money services provided by MeT to the User to purchase goods, products and/or services with the User Account,  from the Merchant(s) through the usage of the Website, SMS services and any other electronic channels of communications as may be provided by MeT from time to time; 

“Mobile Phone”

means any mobile phone with the SIM (Subscriber Identification Module) card bearing the Mobile Phone Number;  

“Mobile Phone Number”

means the mobile phone number which has been registered by the User with MeT as the authorized mobile phone number from which the User shall use the MYeCASH System, together with the MCAC; 

 

 

“MeT”

means Mobile e-Transaction Sdn. Bhd. (Company No. 710152-K), a company incorporated in Malaysia under the Companies Act 1965 and having its registered office at C6-G, Dataran Palma Ampang, Jalan Selaman 1, 68000 Ampang, Selangor Darul Ehsan; 

 “Parties”

means collectively MeT and the User, and “Party” shall mean any one of them; 

“Services”

means payment for goods, products and services through the MYeCASH System; 

“SMS”

means the short text message sent to and from mobile phones which text comprises words or numbers or an alphanumeric combination in accordance with the prevailing standards prescribed by the GSM Association; 

“User”

means a User who has been duly registered with MeT as a user of the MYeCASH System; 

“User Account”

means the User’s bank account held and maintained with a bank or financial institution licensed under the Banking and Financial Institutions Act 1989 for the purpose of the MYeCASH System;

“Website”

means the website of MeT bearing the url address www.myecash.com.my that is accessible by the User for, inter alia, the purposes of utilizing the MYeCASH System via the Internet. 

 

Interpretation

           

In this Agreement where the context admits:

 (a)       references to statutory provisions shall be construed as references to those provisions as amended or re-enacted or as their application is modified by other provisions from time to time and shall include references to any provisions of which they are re-enactments (whether with or without modification);

(b)        references to clauses and schedules are references to clauses and schedules here to, references to sub-clauses or clauses or paragraphs are, unless otherwise expressly stated, references to sub-clauses of the clause or paragraphs of the schedule in which the reference appears and references to this Agreement include the schedules;

(c)        references to any document being in agreed terms are that document in the form signed on behalf of the parties for identification;

(d)        any reference in this Agreement to a statutory provision shall include such provision and any regulations made in pursuance thereof as from time to time modified or re‑enacted whether before or after the date of this Agreement so far as such modification or re‑enactment applies or is capable of applying to any transaction entered into prior to completion and (so far as liability hereunder may exist or can arise) shall include also any past statutory provisions or regulations (as from time to time modified or re‑enacted) which such provisions or regulations have directly or indirectly replaced;

(e)        in this Agreement, except where the context otherwise requires, words denoting the  singular include the plural and vice versa; words denoting any gender include all genders; and words denoting persons include firms and corporations and vice versa; and

(f)       The headings and sub-headings are inserted for convenience only and shall not affect       the construction of this Agreement.

1.     Registration of User and Utilization of User’s Account

1.1  The User must apply for and register the User Account prior to conducting any transactions using the MYeCASH System.

1.2  The User shall be required to submit his/her personal details for registration, including but not limited to, the User’s full name, identity card number, correspondence or residence address.

1.3  The User irrevocably and unconditionally agrees that the total amount of monies deposit in the User Account shall not exceed the Maximum Limit.

1.4  The User may, at any time after the application and registration, withdraw any amount of monies in the User Account. However, such withdrawal of monies shall be subject to payment of an administration fee as may be determined by MeT from time to time.

2.     Use of the MYeCASH System

2.1  Upon registration with MeT and the opening of the User Account, the User is entitled to purchase products, goods and/or services from any participating Merchant(s) via Mobile Phone and the Internet.

2.2  The User shall ensure that he/she is acquainted with the guidelines and procedures for the use of the MYeCASH System, which guidelines and procedures may be issued by MeT from time to time and which may be posted on the Website.  In this regard, MeT shall not be liable for any misuse, errors, losses, claims or damages suffered or incurred by the User’s usage of the MYeCASH System in ignorance of MeT’s guidelines and procedures.

2.3  The User acknowledges that MeT may, at its absolute discretion, refuse or permit the User to utilize the MYeCASH System, without having to provide any reasons or notices to the User there of.

3.     User’s Authorization

3.1  The User hereby irrevocably and unconditionally authorizes MeT to forward the User’s personal information to the relevant Merchant(s), upon MeT’s receipt of a notification from the User that he/she intends to conduct a transaction with the aforesaid Merchant(s) via the MYeCASH System.

3.2  The User further permits MeT to send SMS, emails or other forms of notifications to the User in respect of any updates on services offered or provided by MeT or upcoming events, and notifications of promotions, events or other services offered or provided by the Merchant(s).

3.3  The User also permits Merchant(s) registered with MeT under the MYeCASH System, to contact the User or to send notifications to the User to provide updates on the services or products offered or provided by the Merchant(s) or to notify or remind the User of upcoming events or promotions.

3.4  The User also irrevocably and unconditionally consents and authorizes MeT to the extent permitted by law, to disclose or release any information to the User to such extent that MeT may at its discretion deem fit (including the release of information outside Malaysia), to:-

3.4.1   the relevant Merchant(s);

3.4.2   such other persons as MeT may be required to disclose under any applicable laws;

3.4.3   such other persons or entities pursuant to any governmental directive or order of the court; or

3.4.4   any other party whomsoever as MeT may at its absolute discretion deem fit.

 

4.     Security

4.1  To conduct transactions under the MYeCASH System via Mobile Phone, the User shall select the TAC, in such manner as may be determined by MeT.

4.2  To conduct transactions under the MYeCASH System via Internet, the User shall request for the TAC from MeT, in such manner as may be determined by MeT. Upon receipt of the User’s request, the TAC shall be sent via SMS to the User’s Mobile Phone. The TAC shall be valid for a period of twenty four (24) hours only from the time of request. In the event the User does not utilize the TAC within twenty four (24) hours, the TAC shall expire. The User must request for the TAC to conduct each transaction under the MYeCASH System via Internet.

4.3  The User shall keep the TAC private and confidential, and shall not, under any circumstances, reveal or disclose the same to any other unauthorized party(ies) and shall take all steps to prevent disclosure of the same. As a security precaution, MeT advises that the User should not save or store the TAC in the User’s Mobile Phone. The User acknowledges and understands that any monies stored in the User Account can potentially be utilized by any person having access to the User’s TAC.

4.4  Each TAC shall constitute the User’s formal identification when using the MYeCASH System. MeT shall not be required to conduct a manual comparison, verification or investigation of the User’s identification hereto.

4.5  Any notification or confirmation received by MeT pertaining to the User Account after the User has verified the TAC, as the case may be, shall be deemed to have been sent by the User, including whether the notification or confirmation was sent by a third party (authorized by the User or otherwise), and the User shall be bound by such notification or confirmation.

4.6  MeT shall not be required to enquire into the veracity of the notification or confirmation, nor is under any obligation to investigate the authenticity of the User effecting such notification or confirmation, nor enquire as to its completeness. Such notification or confirmation shall be deemed irrevocable and binding on the User upon receipt of the same by MeT, notwithstanding any manifest error, fraud, forgery or lack of or clarity of instructions.

4.7  If the User is aware of any incomplete, scrambled or insecure data or information received by the User from MeT which may not be intended for the User, the User shall immediately notify MeT of the same and shall delete all such data or information, whatever form it may be in.

4.8  The User shall also delete all SMS or other source of information containing the TAC stored in his/her Mobile Phone or any other mediums of data retention.

4.9  The User must not confirm any notification with respect to any doubtful or unauthorized transactions under the MYeCASH System.

5.     Availability of Service

5.1  The MYeCASH System is available on a daily basis unless otherwise specified herein.

5.2  MeT shall not be liable for any losses or interruptions resulting from the unavailability of the MYeCASH System, for example, when maintenance works are necessary to be carried out, or where there may be technical malfunctions, or where there is a Force Majeure Event.

5.3  Unless otherwise stated herein, MeT shall be entitled, at its sole and absolute discretion without notice to the User, to change the procedures and/or the mode of operation of the MYeCASH System, at any time and from time to time for any reason whatsoever.

5.4  Notwithstanding the provisions herein, MeT shall be entitled to do the following without prior notice to the User:-

5.4.1   terminate, discontinue, withdraw or suspend the User’s use of the MYeCASH System; or

5.4.2   impose conditions or restrictions on the User’s usage of the MYeCASH System.

5.5  MeT endeavours to process the User’s notification or confirmation referred to Clause 4 in accordance with the following service levels:-

5.5.1  Subject to the provisions of Clauses 5.2 and 11, if the notification/confirmation is received by MeT before 12 noon on a Business Day, MeT shall use reasonable endeavours to process the User’s notification/confirmation and forward the relevant information to the relevant Merchant(s) on that same day.

5.5.2   If the notification/confirmation is received by MeT after 12 noon on a Business Day or at anytime on a non-Business Day, MeT shall use reasonable endeavours to process the User’s notification/confirmation and forward the relevant information to the relevant Merchant(s) on the next Business Day.

5.5.3  Once the information, confirmation or information has been forwarded to the Merchant(s) by MeT, MeT does not provide any warranty as to the provisions of the Merchant(s)’s products or services or the duration it would take for the Merchant(s) to process the User’s transaction or request.

6.     Help Desk

6.1  MeT has established a help desk to assist with the User’s queries on the MYeCASH System. The User may contact the help desk in the following ways:-

6.1.1  By email to MeT’s email address as may be notified to the User from time to time or to fill out a feedback or query form located at the Website; or

6.1.2  By telephone in accordance with MeT’s help desk contact details as may be notified to the User from time to time.

7.     Intellectual Property

7.1  MeT and/or its licensors are the sole owners of the MYeCASH System, which includes any software, domain names, content and any information whatsoever made available through it. The MYeCASH System is protected by Malaysian and international copyright and other intellectual property laws. It is to be used by the User for the purposes of conducting such transactions as authorized by MeT only and the User shall derive no right whatsoever by reason of using the MYeCASH System.

8.     Electronic Communications

8.1  By using the MYeCASH System, the User hereby consents to receiving electronic communications and notices from MeT. The User further agrees that any notice, agreement, disclosure or other communications that is sent to the User electronically by MeT will satisfy any legal communication requirements, including that such communications be in writing.

9.     User’s Conduct

9.1  By using the MYeCASH System, the User agrees not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the MYeCASH System.

9.2  The User also agrees not to interfere with the servers or networks connected to the MYeCASH System or to violate any of the procedures, policies or regulations of networks connected to the MYeCASH System.

9.3  The User also agrees not to: (1) impersonate any other person while using the MYeCASH System; (2) use the MYeCASH System for any unlawful purpose.

9.4  MeT does not encourage, recommend or condone use of the MYeCASH System during certain activities, such as automobile driving, where there is a significant risk of accident. The User agrees not to use the MYeCASH System during such activities.

10.   Third Party Offers

10.1.   The Website may contain links to third party websites or programs that are not controlled by or affiliated with MeT. MeT is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, the User’s redemption of such offers or a Merchant(s)' refusal to honor any offer. The User’s dealings with third party sites are solely between the User and the applicable third party.

11.   Reliability of SMS and Internet

11.1.   The User is fully aware that transactions conducted under the MYeCASH System are through notification and confirmation sent by SMS or by Internet.

11.2.   The User is fully aware that the receipt of the notification from MeT and vice versa may be delayed or prevented by factors affecting or caused by the relevant service providers, mobile carriers and other relevant third parties. The User accepts that MeT cannot guarantee the prompt delivery of such notification or confirmation.

12.   Loss of Mobile Phone

12.1.   The User shall immediately notify MeT of the loss of Mobile Phone or TAC no.

12.2.   The User shall be liable for all MYeCASH Transaction conducted through MYeCASH System together with the TAC at any time prior to the receipt by MeT of the User’s notification of the loss of Mobile Phone.

13.   Limitation & Exclusion of Liability

13.1.   MeT provides the MYeCASH on an “as is” and “as available” basis and without any warranty or condition, whether express and/or implied (whether by statute or otherwise). MeT specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement intellectual property rights.

13.2.    MeT assumes no liability and/or responsibility for any errors or omissions in the MYeCASH System or any failures, delays or interruptions in the MYeCASH System or any losses or damages whatsoever arising from the use of the MYeCASH System.

13.3.   MeT assumes no liability for any damage to the User’s Mobile Phone or any conduct whatsoever by Users of the MYeCASH System including damage from viruses and other harmful goods.

13.4.    In no event shall MeT, its shareholders, directors, officers, employees, representatives or agents be liable (joint or severally) to the User in any way whatsoever, including but not limited to any loss of use or any direct, special, incidental, indirect or consequential damages arising out of or in connection with the MYeCASH System or this Agreement, on any theory of liability and whether or not advised of the possibility of such damage. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

14.   Indemnity

14.1.   The User shall indemnify and keep indemnified and hold MeT and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including legal fees on a solicitor-client basis and court costs, arising, directly or indirectly, out of the User’s usage of the MYeCASH System or breach by the User of any terms and conditions herein contained or the User’s violation of any law or the rights of any third party arising out of the use of the MYeCASH System hereto.

15.   Governing Law & Jurisdiction

15.1. This Agreement shall be governed and construed in accordance with the laws of  

         Malaysia and the Parties irrevocably submit to the exclusive jurisdiction of the

          Courts of Malaysia.

16.   Termination

16.1.   MeT reserves the right in its sole discretion to terminate or restrict the User’s usage of the MYeCASH System, without affording any reason whatsoever.

16.2.   The User may terminate the usage of the MYeCASH System pursuant to this Agreement at any time by contacting the MeT help desk. Any refund of monies to the User pursuant to such termination shall be subjected to such applicable administration fee that may be imposed by MeT.

17.   Variation

17.1.   This Agreement may be modified, added to, deleted or varied by MeT by way of posting on the Website or in such other manner as MeT shall at its absolute discretion determine.

17.2.   The User shall access the Website at regular intervals of time to view this Agreement and to ensure that he/she is kept up to date of any changes or variations to this Agreement.

17.3.   The User’s continued use of the MYeCASH System shall constitute the User’s acceptance of this Agreement (as modified and varied from time to time).

17.4.   MeT shall not be liable for any misuse, errors, losses, claims or damages suffered or incurred by the User’s usage of the MYeCASH System in ignorance of any changes or variations to this Agreement.

18.   General

18.1.  Time whenever mentioned shall be of the essence of this Agreement.

18.2.    The User hereto shall not be entitled to assign its rights or obligations hereunder without the prior written consent of MeT. MeT may assign its rights or obligations hereunder without the prior written consent of the User.

18.3.    This Agreement (together with any documents referred hereto, if any) constitutes the entire agreement and understanding of the Parties as to the subject matter of this Agreement and shall super cede any prior agreement between the Parties whether written or oral.

18.4.  Knowledge or acquiescence by either party of the breach of any of the warranties, covenants and undertakings or misrepresentation herein contained shall not operate as or be deemed to be a waiver of such representations, warranties, covenants or undertakings, or any of them and notwithstanding such knowledge or acquiescence, either party shall be entitled to exercise its rights under this Agreement and to require strict performance of the other of the terms and conditions herein.

18.5.   Nothing contained in or relating to this Agreement shall constitute or shall be deemed to constitute a partnership or agency relationship between any of the parties and no party shall have any authority on behalf of any other party.

18.6.    If any provision or part of a provision of this Agreement shall be, or be found by any authority or court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of this Agreement, all of which shall remain in full force and effect.

18.7.  This Agreement shall bind the Parties’ legal representatives, heir, successor in title and permitted assigns.