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Terms of Use

PLEASE READ THESE TERMS CAREFULLY. BY USING FPX YOU AGREE TO BE BOUND BY THESE TERMS.

These terms apply to your access to, and use of all or part of this page including any website owned by PayNet where these terms are posted (“the Sites”). If you are using this page on behalf of any entity, you represent and warrant that you are authorized to accept these terms on such entity’s behalf and that such entity agrees to indemnify you and PayNet for violations of these terms. This agreement contains disclaimers and other provisions that limit our liability to you.

In the event there is any conflict or inconsistency between these terms and any other terms of use that appear on the Sites, these terms will govern. However, if you navigate away from the Sites to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such an event, the terms and conditions of use applicable to that site will govern your use of that site.

Definitions
In these terms and conditions, “You”, “Yours” means any person or entity using FPX (“Service”), unless otherwise stated. “PayNet”, “We”, “Us” or “Our” will refer collectively to Payments Network Malaysia Sdn Bhd (836743-D) as the owner and operator of FPX unless otherwise stated. All references to a “Financial Institution” refer to the FPX participating bank(s) that offers the Internet Banking facilities that you are dealing with. All references to a “Merchant” refer to the FPX participating merchant(s) or seller(s) that subscribe to FPX as one of the payment options. All references to an “Acquirer” refer to the participating “Financial Institution” and/or “non-Financial Institution” who acquires Merchants to subscribe to FPX.

The Service
By accessing and using this page you hereby agree and accept the terms and conditions for FPX as contained herein. If you do not accept these terms, please immediately discontinue your access to this page. We may change the terms periodically without prior notice, so please check them from time to time as your continued use of this page signifies your acceptance of any changed term.

Disclaimer
We are not responsible for interruptions or limitations to the Service which are caused or arise from the Merchant’s and/or the Financial Institution’s, as the case may be, system capacity limitations, system repairs or modifications, or in response to suspected fraud, abuse, hacking or malicious viruses, or misuse of the internet network. You agree that the Service may be interrupted due to maintenance, updates, or system or network failures and we disclaim all liability for damages caused by any such interruption or errors in functioning.

We are not responsible for any service outages, loss of data, inability to retrieve data, or service limitations or interruptions that are caused or arise from acts or omissions of the Merchant(s) and/or the Financial Institution(s). We are not liable for any incidental, punitive, or consequential damages caused or arising out of such events.

While every care will be taken by us to provide the Service and ensure a high level of security, we disclaim all liability whatsoever for any loss, alteration, destruction, or disclosure to any third party whomsoever, of any of your data or other data, howsoever caused or arising including without limitation, delays, interceptions, non-deliveries or misuse as a result of any interruption, suspension or termination of our Service(s). Further, we cannot guarantee and do not warrant the accuracy of any data delivered to us by the Merchants who sell their products to you. By accessing and using this Page, you expressly understand and agree that we disclaim any responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material that we receive from the Sites, Merchant(s) and Financial Institution(s). We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or document derived from the system and Sites.

We make no warranty that :

the Service and the Sites will meet your requirements;
the service will be uninterrupted, timely, secure, or error-free; and
the results that may be obtained from the Service will be accurate or reliable.
We disclaim all liability for the impossibility of access, poor use conditions caused by inappropriate equipment, disturbances attributable to internet service providers, a saturation of the internet network, or due to any other reason. We make no warranties or representations for the delivery of messages sent through our system to anyone.

Personal Data
We may collect your personal information such as email address to send you a written confirmation status of your payment instruction via FPX. This personal information is optional and will only be collected when you provide the details when completing the form on this page.

For an explanation of PayNet’s policy related to the collection, use, and process of your personal data, please read the Privacy Policy. By accessing and using this page, you hereby consent and agree to the terms specified in the Privacy Policy concerning our processing of your personal data. If you do not consent to the said terms, kindly contact us at the contact details provided in the Privacy Policy.

Online payment processing service
FPX facilitates a purchase made by you from a Merchant that is acquired by the Acquirer for FPX. This page stores information from you, such as payment instructions and personal information. We process payment transactions through the FPX network or a participating Acquirer, as applicable. When you choose to pay for purchases made with FPX, you authorize us to submit charges (and, in the case of refunds, credits) to your Financial Institution. We will assist in accessing and processing the payment request via FPX. Purchases made through FPX are also subject to the terms governing you and your Financial Institution.

You may not use FPX to process payment transactions or transfer money between you and the Merchant that is unrelated to a purchase of a product/service. FPX may not be used to facilitate the purchase of cash equivalents or any illegal goods or services or for any other underlying illegal transaction.

You acknowledge and agree that your purchases through FPX are transactions between you and the Merchant and not with us.

By using FPX, you authorize the use of FPX to complete a payment request to the Merchant, and you authorize us to process the payment transaction with the Financial Institution that you have chosen.

You are responsible to obtain a transaction receipt from the Merchant when you use FPX to make a payment for the purchase. We are under no obligation to provide you with a receipt or other written confirmation in connection with the payment transaction made with an online Merchant.

If you have an inquiry regarding a payment made with FPX, or you believe there has been an error or unauthorized transaction regarding a payment transaction using FPX, please contact us at customersupport@paynet.my

Release
You hereby agree to release PayNet (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and against all claims, actions, losses, demands, costs, expenses, and damages (actual and consequential) including legal costs on full indemnity basis of every kind and nature that you may incur or suffer arising out of or in any way connected with a dispute between you and the Merchant(s) or between you and the Financial Institution(s).

Links
Links from or to websites outside of this page are meant for connecting to the Financial Institution’s Internet Banking log-in pages to initiate payment via FPX. Such linked log-in pages are owned and operated by third parties and as such are not under the control of PayNet. Therefore PayNet is not responsible and makes no warranties in respect of the contents of those websites or pages, the third parties named therein, or their products and services. Furthermore, the links provided on this page shall not be considered an endorsement or verification or approval of such linked websites or the contents therein. Linking to any other site is at your sole risk, and PayNet will not be responsible for any damages losses, and actions that may arise out of or in connection with the website’s linking. You should read the privacy policy statements (if any) of any websites which are linked to this page.

Copyright
Unless otherwise indicated, the copyright in this page and its contents, including but not limited to the text, images, graphics, sound files, animation files, video files, and their arrangement, PayNet and FPX logo, name, brand, images are the property of PayNet and are protected by applicable Malaysian and international copyright laws. No part or parts of this page may be modified, copied, distributed, retransmitted, broadcast, displayed, performed, reproduced, published, licensed, transferred, sold, or commercially dealt with in any manner without the expressed prior written consent of PayNet.

You also may not, without PayNet’s expressed prior written consent, insert a link to this page on any other website, frame, or “mirror” any material contained on this page or any other server. Any such unauthorized reproduction, retransmission or copying, or modification of any of the contents of this page may be in breach of statutory or common law rights which could be the subject of legal action. If such an event occurs, PayNet disclaims all liability that may arise from any such unauthorized acts.

Exclusion of liability
PayNet shall in no event be liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or lost profits or savings arising in connection with your access or use or the inability to access or use this page (or any third party link to or from this page), reliance on the information contained in the page, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.

This exclusion clause shall take effect to the fullest extent permitted by law.

Indemnity
You hereby irrevocably and unconditionally agree to indemnify and keep indemnified PayNet from all actions, liabilities, claims, losses, expenses, and damages, including any legal fees that may be incurred by PayNet in connection with or arising from :

Your use or misuse of this page and the service(s) provided herein, or your breach of these terms howsoever occasioned, or
any intellectual property right or proprietary right infringement claim made by a third party against PayNet in connection with your unauthorized use of such intellectual property rights on this page.
Access Termination
PayNet reserves the right to suspend your access and/or your use of this page at any time should you violate any of these terms and conditions, and/or the privacy policy.

Taxes
It is your responsibility to determine, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect or remit the correct tax to the appropriate tax authority. We are not responsible to determine, collect or remit the applicable taxes from any transaction unless stated otherwise. All fees related to our services are excluding any taxes or other deductions unless stated otherwise. Any deduction or payment for any taxes is your sole responsibility.

General
These terms and conditions are governed by and are to be construed according to Malaysia’s laws. By accessing this page and using FPX, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of this page.

PayNet makes no representation that the materials, information, functions, and/or services provided on this page are appropriate or available for use in jurisdictions other than Malaysia.

Privacy Policy
This policy describes the way we collect, store, use, and protect your personal information. You accepted this policy when you signed up for our service(s). We may change the terms of this policy at any time, so please check them on this page, from time to time, as your continued use of this page signifies your acceptance of any changed term.

Information we collect
We collect certain personal information about you from the information you submit on this page; the information we collect from the Financial Institution and non-Financial Institution; and the information we collect from other sources. The information you give to the Financial Institution that we may collect may include your name, email address, national registered identification number, phone number, financial account information such as bank account number and any other information that is required to assist and complete the transaction made using FPX.

Use of Information we collect
This notice relates specifically to the submission of your personal information on this page to PayNet. We use your personal information for several reasons, including:

1.To process your payment for purchases of products and services via FPX;
2.To inform you about our products, events, or promotional purposes;
3.To respond to your inquiry and requests for information;
4.To maintain appropriate records for internal administrative purposes;
5.To detect, prevent or investigate security /peaches or fraud.

Release of information
Any personal data collected from an individual is for transactions made using FPX. We do not disclose your personal information to any third party except when allowed or required by the law.

Rights and Storage
We will retain your personal information for as long as your personal information is needed to provide you our service(s). Your personal information is used, processed, and stored by all applicable laws relating to personal information. Any inquiries regarding your personal information, please contact us at customersupport@paynet.my

Use of cookies
We do not use cookies to gather information. Cookies are pieces of information that most sites place on your computer to help “customize” your visit to the site. For example, a cookie will allow you to trace previously visited pages, such as your screen name or where you left off in a game. Most websites use cookies exactly for this purpose.

Web Cache
FPX system does not accommodate any web caching to prevent storing of files/data in the hard disk cache and ensuring confidentiality of customer/business partner information.

Disclaimer
You expressly agree that the use of this page or website is at your sole risk. Neither PayNet nor its affiliates warrant that this page or website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this page or website, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through this page or website.

In addition, PayNet does not warrant or represent that access to the whole or part(s) of this page or website, the materials, information, and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.

This page is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability fitness for a particular purpose, accuracy, timeliness, or completeness.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence or other tortious behavior or under any other cause of action. You specifically acknowledge that PayNet is not liable for the defamatory, offensive, or illegal conduct of third parties and that the risks of injury from the foregoing rest entirely with you.

In no event will PayNet, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use this page or website. You hereby acknowledge that this term is applicable whenever you access or use the content available on this page or website.

In addition to the terms set forth above neither, PayNet, nor its affiliates, information providers, or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained in this page or website, or for any delay or interruption in the transmission thereof to you, or any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither, PayNet, nor its affiliates, information providers or content partners warrant nor guarantee the timeliness, sequence, accuracy, or completeness of the information contained in this page or website. Additionally, there are no warranties given as to the results obtained from the use of the said information.

Reference to any specific commercial product, process, or service by trade name, trademark, manufacture, or otherwise by PayNet or its affiliates does not constitute an endorsement, a recommendation, or a favoring by PayNet.

You are solely responsible for your actions when evaluating the quality, adequacy, completeness, and usefulness of the services, content, advice, opinions, and other information obtained or accessible through this page or website and making any decision to transact using this page or website based on any the information provided therein.