© GOPAY 2018
Incorporation of Policies into Terms and Conditions
The following policies are deemed to be incorporated into these Terms and Conditions by reference and provide additional terms and conditions related to specific GOPAY services we offer:
Each of these policies and these Terms and Conditions may be changed from time to time and are effective immediately after we post the changes on our Services. In addition, when using particular Services, you agree that you are subject to any policies or rules which are posted in conjunction with those Services.
These Terms and Conditions sets out the entire agreement between you and ATX Distribution Sdn. Bhd and applies to your use of the GOPAY Services (GOPAY) and any related products and services available through GOPAY app (collectively the Services).
Please note that by using the Services, you are deemed to have read and signified your agreement to be bound by these Terms and Conditions, as may be updated and varied from time to time at our sole discretion.
In addition, when you use any service on our mobile application, current or future, you will also be subject to such further terms and conditions, policies and guidelines applicable to that specific service. All such further terms and conditions, policies and guidelines, will be deemed to be incorporated in these Terms and Conditions.
If you do not agree to be bound by the terms and conditions of these Terms and Conditions, you are not eligible to use or access our Services.
For additional information about the Services and how it works, please consult ATX Distribution Sdn. Bhd.
We may amend these Terms and Conditions at any time by posting the amended terms on our site.
In these Terms and Conditions, ‘you’ or ‘your’ means any person or entity using the Services (Users). Unless otherwise stated, GOPAY, ‘we’ or ‘our’ will refer collectively to ATX Distribution Sdn. Bhd and/or its affiliates.
To use the Services, you must register for a GOPAY account. Our Services are only available to individuals or businesses that can form legally-binding contracts under applicable law. Without limiting the foregoing, our Services are not available to individuals under the age of 18, persons who are suspended from our Services, or to persons who we, at our sole discretion, view as presenting an unacceptable level of risk to our Services.
4.1 GOPAY is a reloads and bill payment collection Service Provider. GOPAY acts as an digital wallet service provider by creating, hosting, maintaining and providing our Services to you via the Internet.
4.2 GOPAY acts as a facilitator to help you make payments to third parties Service Providers. We act based upon direction and requests received through your GOPAY account to use our Services that require us to deduct your GOPAY Digital Wallet balance to make payments to the respective Service Providers. You agree that you will not receive interest or other earnings on the funds that GOPAY handles.
5.1 Debiting Your GOPAY Digital Wallet
Your GOPAY Digital Wallet can be debited via in-app online payment, or offline payment to GOPAY bank accounts which are CIMB Bank 8007-402-532 and MAYBANK 5123-3431-6176. You must debit your account with RM 150 minimum for in-app online payment, and RM 50 minimum for offline payment to GOPAY bank accounts at any time, which is your sole discretion. Offline payment will be processed within 2 hours during bank working days and hours.
5.2 Transactions from your GOPAY Digital Wallet
You can only make bill payments limited to amount RM 10 to RM 1,000 per transaction through your GOPAY Digital Wallet. For other service, you can make payments up to the amount of funds you have in your GOPAY Digital Wallet.
5.3 Refused Payments
When you send a payment to a third party Service Provider through our Services, the service provider is not bound to accept the payment, even if the service provider is already registered with GOPAY. The service provider may return payments or, in some cases, to use the GOPAY system to refuse payments that you have sent.
Any claims of discrepancy or errors must be notified to GOPAY via email or call centre within Seven (7) working days, failing which GOPAY will not be liable for any further disputes and claims.
You are solely responsible for maintaining the confidentiality of your login name, account and password and for restricting access to your computer to prevent unauthorized access to your GOPAY account. You agree to accept responsibility for all activities that occur under your GOPAY account or password, whether or not authorized by you. You should take all necessary steps to ensure that:-
Please ensure that the details you provide upon registration and opening of your GOPAY account are accurate and complete. Please inform GOPAY immediately of any changes or alterations required to the information that you had provided upon registering. You can access and update much of the information you had provided us.
Please peruse our ATX Distribution Sdn. Bhd Private Policy which further regulates your use of GOPAY.
We will provide reasonable endeavours to ensure the availability of the website and the transmissions will be error-free. However, you must comprehend the fact that due to the disposition of the Internet, there shall be no guarantee of un-interruption. Further, your access to the website may also be interrupted to allow for repairs, maintenance or the introduction of new facilities or services.
We, ATX Distribution Sdn. Bhd’s subsidiaries, employees and our suppliers provide the services as is and without any warranty or condition, expressly and/or impliedly.
GOPAY shall make all reasonable efforts to ensure that requests for electronic debits from bank accounts are processed in a timely manner, but we make no representations or warranties in respect of the time needed to complete processing due to the fact that our Services is largely dependent upon factors which are or may be outside our control such as delays in the banking system and so forth, as well as the Internet services.
GOPAY grants you a limited licence to access and make use of this website. This restricted licence does not include:
Breach of any of these provisions and unauthorised use of the website automatically terminates the consent or license granted by GOPAY.
GOPAY does not allow its Services to be used for illegal activities. GOPAY has the right to take preventative or corrective actions to protect itself and its users.
You must not use the website or your GOPAY account in any way that causes, or is likely to cause, the website, the GOPAY accounts or access to it to be interrupted, damaged or impaired in any way and you are required to use the website lawfully and in compliance with the legal requirements.
You are required to understand and acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (content), whether publicly posted or privately transmitted via the website, are the sole responsibility of the person from whom such content originates. This means that you, and not GOPAY, are responsible for all contents that you upload, post, email or otherwise transmit via the website. GOPAY cannot and does not control or monitor the content you post and, as such, cannot and does not guarantee the accuracy, integrity or quality of such content and therefore is not liable for such errors, information or omissions. You are required to understand and acknowledge that by using the website, you may be exposed to website contents that may be offensive, indecent or objectionable. Under no circumstances GOPAY shall be liable in any way for any content, including, any exposure to offensive, indecent or objectionable content, any errors or omissions in any contents, or for any loss or damage of any kind of information as a result of such use of any contents posted, emailed or otherwise transmitted via the website by its users.
You are prohibited from using the Services or our website in respect of the following:
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is legal and not obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, and does not consist of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. We reserve the right (but do not assume the obligation) to remove or edit any content.
You shall represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to GOPAY:
By submitting any communication, content or material to any chat or forum services, if any, or to GOPAY for posting as a book review, you automatically warrant that you or the owner of such communication, content or material has expressly granted GOPAY the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the said communication content or material in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such communication content or material. You also permit any other user to access, store, or reproduce such communication, content or material for that users personal use. Subject to this grant, the owner of such communication, content or material placed on GOPAY sites and services retains any and all rights, which may exist.
Some parts of the website may contain advertising or other material submitted to GOPAY by third parties. Advertisers are responsible for ensuring that material submitted for inclusion on the web site complies with international and national law. GOPAY WILL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION OR INACCURACY IN ADVERTISING MATERIAL. GOPAY does not intend links or advertising material to be referrals or endorsements of the linked entities and the links are provided for convenience.
You agree to indemnify and hold GOPAY, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including all legal fees (on a solicitor client basis), made by any third party due to or arising out of content you submit, post to, transmit or make available through the website, your use of the website, your connection to the website, your violation of the Terms and Conditions, your violation of any rights of any other person, or your breach of any applicable law.
The website may provide, or third parties may provide, links to internet banking sites, other sites or resources. You acknowledge and agree that GOPAY has no control over such sites and resources, and that www.gopay.com.my is therefore not responsible for the availability of such external sites 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 sites or resources. You further acknowledge and agree that www.gopay.com.my 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 site or resource.
You acknowledge that all original content on this site such as text, graphics, logos, images, audio and video clips and software is protected by copyright, trade mark or other intellectual property right which is owned by GOPAY or its affiliates. In addition, the compilation (meaning the collection, selection, co-ordination and arrangement) and the enhancement or any content on GOPAY sites and services is also protected by copyright or other intellectual property right owned by GOPAY or its content suppliers.
All trademarks appearing on this web site are the property of GOPAY or the respective owners. All rights are reserved.
You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GOPAY or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the website, or the content (excluding content owned by you), in whole or in part.
This site is provided by GOPAY on available basis.
GOPAY makes no representations or warranties of any kind, express or implied, as to the operation of this site and its payment system.
To the full extent permissible by applicable laws, GOPAY disclaims all warranties, express or implied, including, but not limited to:
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for and damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from GOPAY or through or from the website shall create any warranty (save for any fraudulent misrepresentation by GOPAY) as to the operation of this site or the information, content, materials, or products included on this site.
GOPAY shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, revenue, opportunity, business, goodwill, use, data or other intangible losses (even if GOPAY has been advised or was aware of the possibility of such dames), resulting from:
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 website or the terms and conditions must be filed within one (1) Year from the date such claim or cause of action arose or be forever barred.
GOPAY does not limit in any way its liability by law for death or personal injury arising from negligence or breach of duty.
Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronic, immediately warn our community of your actions, place a hold on funds in your GOPAY Digital Wallet, limit funding sources and payments, limit access to a GOPAY account and any or all of the accounts functions (including but not limited to the ability to send money or making withdrawals from GOPAY account), limit withdrawals, indefinitely suspend or close your GOPAY account and refuse to provide our Services to you if:
GOPAY reserves the right to hold funds beyond the normal distribution periods for transactions it considers suspicious or for GOPAY accounts conducting high transaction volumes to ensure integrity of the funds. If we close your GOPAY account, we will provide you notice and refund you all of the unrestricted funds held in your GOPAY Digital Wallet.
Additionally, to secure your performance of these Terms and Conditions, you grant to GOPAY a lien on and security interest in your GOPAY account. In addition, you acknowledge that GOPAY may set off against any accounts you own for any obligation you owe GOPAY at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. GOPAY may consider these Terms and Conditions as your consent to GOPAY asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to, and apart from, any other rights.
If a dispute arises between you and GOPAY, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and GOPAY agree that any controversy or claim at law or equity that arises out of these Terms and Conditions or services shall be resolved by mediation by a mediator mutually agreed upon in writing by you and GOPAY, and failing resolution by mediation, by litigation. Before resorting to either of these alternatives, GOPAY strongly encourages users to first contact GOPAY directly to seek a resolution.
When you visit GOPAY or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We reserve the right to make changes to our website, policies, and these Terms and Conditions at any time. You will be subject to the policies and Terms and Conditions in force at the time that you use the website or that you order merchandise from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. The parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our control.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
These conditions are governed by and construed in accordance with the laws of Malaysia. You agree, as we do, to submit to the non-exclusive jurisdiction of the Malaysian courts.
GOPAY is the trading name for ATX Distribution Sdn. Bhd., registration number 1104373-X.