These terms and conditions (“Consumer Terms”) are applicable and binding upon you when you access our platform and/or when you use our Service. in addition to these consumer terms, additional terms and conditions may apply, depending on how you access our platform and/or use our Service.
Our Service is provided to you on an “as is” basis without any warranty of any kind and our liability to you in connection with your use of our Service is very limited. It is, therefore, important that you read the Consumer Terms carefully before accessing our Platform and/or using our Service. By accessing our Platform and/or using our Service, you understand and agree you shall be bound by these Consumer Terms in its entirety.
If at any time you do not accept any or all of the consumer terms in its entirety, you must immediately discontinue the use of the platform and/or use of our service.
1. DESCRIPTION OF SERVICE
1.1 The e-Wallet Service is powered by Kiplepay Sdn. Bhd. on behalf of 9R Leisure Sdn. Bhd. for the use of its users and Merchants.
1.2 The e-Wallet Service facilitates the execution of payment by you to a Merchant.
1.3 The provision of the Service and availability of the Platform is subject to the Appropriate Authority and Law, and nothing contained in these Consumer Terms is in derogation of our rights and obligations to comply with such Appropriate Authority and Law.
2. AMENDMENT AND MODIFICATION OF THESE CONSUMER TERMS
2.1 We reserve the absolute discretion to vary, add to, delete or otherwise amend these Consumer Terms and other terms and conditions found within Redpay Website at any time, without notice. As such, you are advised to visit Redpay Website from time to time to keep updated on the latest version of these Consumer Terms regularly. When changes are made, they will be effective immediately upon posting on the Redpay Website. Your continued use of the Service after the effective date of any variation, addition, deletion or amendments to these Consumer Terms shall constitute your unconditional acceptance of such variation, addition, deletion or amendments.
2.2 We are also constantly evolving in order to provide the best possible experience and information to our users. As such, you acknowledge and agree that the form and nature of our Services may change from time to time without any prior notice to you. As part of this continuing process, we may stop (permanently or temporarily) providing any of the Service (or any features within the Service) to you without any prior notice. We shall not be liable for such change or discontinuance.
3. MODIFICATION OF CONSUMER TERMS BY USER
3.1 Unless the language in such document unequivocally and expressly allowed in these Consumer Terms, you shall not make any changes without first obtaining our written consent.
4. DEFINITIONS AND INTERPRETATIONS
4.1 Definitions.
Unless the context otherwise requires, the following words and expressions shall have the following meanings: –
| “Account” | Means the account you registered with us for the access and/or use of the Service. |
| “Affiliate” | Means a person or an organisation controlling us, controlled by us, or under the common control of a person or an organisation controlling us. “Control” means the ownership of the equity shares carrying fifty percent (50%) or more of the votes exercisable at a general meeting (or its equivalent). |
| “Appropriate Authority” | Means (i) the federal government of Malaysia, (iii) any state government, or local government, (iv) any agency, authority or instrumentality of any of the foregoing, including any court, tribunal, department, bureau, commission or board, or (v) the relevant authority in a foreign country, if applicable. |
| “Auto Top-Up” | Means the feature we make available (if applicable) which automatically Top-Up e-Money in your e-Wallet with Auto Top-Up Value when the e-Wallet falls to the Preset Threshold. |
| “Auto Top-Up Value” | Means the fixed monetary value set by you that will be credited to your e-Wallet when the e-Wallet falls to the Preset Threshold. |
| “Available Balance” | Means the actual amount of stored e-Money available at any time for usage in your e-Wallet, subject to the e-Wallet Limit. |
| “Claim” | Means any suit, claim, action, proceeding or investigation. |
| “Content” | Means the content managed and/or provided by us and/or its content provider which includes without limitation all forms of text, graphics, video, audio, files, data, images, photographs, pictures, logos, video clips, video streaming, news, live feeds and information on demand content. |
| “Contest” | Means giveaways or contest organised by us, our Affiliate, and/or our partner. |
| “Consequential Loss” | Means expenses incurred, loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of goodwill, loss of use of our Service, loss of opportunity or expectation loss, and any forms of special, indirect, punitive or exemplary loss or damages, and any penalties or fines imposed by the Appropriate Authority, (even if such loss arises directly, naturally or in the usual course of things from any breach, action or inaction in question). |
| “Credit Rating” | Means information about your credit worthiness, credit standing, credit history or credit capacity. |
| “Credit Reporting Agency” | Means an agency that carries on a credit reporting business and is registered under the Credit Reporting Agencies Act 2010. |
| “Customer Service Support” | Means +603 5037 8999, operation@redpay.com.my. |
| “e-KYC” | Means information requested by us to satisfy Know Your Customer (KYC) requirements and to allow assessment of your application and on-going suitability to receive Service from us. |
| “e-Money” | Means the electronic money associated with your Account and stored in the e-Wallet, as a designated payment instrument under the provisions of the Financial Services Act 2013. |
| “e-Wallet / e-Wallet Service” | Means our digital wallet payment service that allows you to keep e-Money and make any Transaction with a Merchant through Redpay App. |
| “e-Wallet Limit” | Means the maximum amount of e-Money that can be stored in your e-Wallet, as may be approved by us from time to time. |
| “Indemnified Party” | Means, us, our directors, officers, shareholders, employees and/or Affiliate. |
| “Redpay / we / us / ours” | Means 9R Leisure Sdn. Bhd. (1462672-W). |
| “Redpay-Consumer Dispute Resolution Process Schedule” | Means our complaint handling process for resolving dispute between you and us about your Account, made available on Redpay Website, as amended or updated from time to time. |
| “Redpay App” | Means the mobile application currently made available by us in a digital distribution service which allow user to download, register, access use the Service, including managing user’s Account. |
| “Redpay Website” | Means the website owned and/or managed by us (as amended from time to time) currently accessible at https://redpay.com.my/, excluding any external website to which the website points by way of hyperlink or otherwise. |
| “Law” | Means Financial Services Act 2013, Bank Negara Malaysia Foreign Exchange Administration Rules, Unclaimed Moneys Act 1965, Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities 2001, PDPA, and any other relevant regulations or acts, including any updates or changes thereof. |
| “Losses” | Means any and all costs, judgments, fees, fines, damages, disbursements, penalties, liabilities, assessments, awards, direct losses, including out-of-pocket costs or expenses (including legal, professional, or investigation costs) reasonably incurred in connection therewith. |
| “Merchant” | Means vendor, retailer, operator, or any other person, firm or corporation who sell goods and/or services to you in exchange for e-Money by means of Redpay App. |
| “Merchant-Consumer Dispute Process Schedule” | means the process of resolving any dispute between you and a Merchant, made available on Redpay’swhite label provider, kiple Website (https://webcash.com.my/img/document/20190509-Merchant-Customer-Dispute-Process-Schedule.pdf), as amended or updated from time to time. |
| “Personnel” | Means our employees, agents, contractors, subcontractors, and/or other representatives. |
| “Personal Data” | Shall have the same meaning as in the PDPA. |
| “PDPA” | Means Personal Data Protection Act 2010 and includes its subsidiary legislations, standards and codes of practice. |
| “Platform” | Collectively means Redpay Website, Redpay App, our Social Media, any of our mobile applications, and/or any platforms (whether known now or in the future) made available by us from time to time to provide you with Service or Content. |
| “Post / Posted” | Means to publish, display, submit and/or upload. |
| “Preset Threshold” | Means the minimum value of e-Money set by you. |
| “Privacy Policy” | Means a statement that discloses the ways we gather, use, disclose and manage the Personal Data and how you can opt-out, change, update and access your Personal Data. |
| “Promotion” | Means a special promotion organised by us in connection with the Service during the promotional period. |
| “Refund” | Means reimbursement or reversal, whether in full or partial, to you of an earlier Transaction between Merchant and you. |
| “Service” | Collectively means any service provided by us to you including e-Wallet Service, Promotion, Contest, and/or any other service, feature or functionality made available or withdrawn by us from time to time. |
| “Social Media” | Means social media accounts such as Facebook, Google, Twitter, LinkedIn, Instagram, or any other social media accounts. |
| “Top-Up” | Means any FPX online banking, payment cards with debit or credit functions to make initial top-up and/or subsequent top-ups to the e-Wallet and any other designated payment channels or centres authorised by us. |
| “Transaction / Transact / Transacted” | Means any transaction effected with a Merchant. |
| “Consumer / User / You / Yours” | Means any natural or legal person who has agreed to the Consumer Terms on behalf of herself/himself and is accessing and/or using the Service. |
| “User Generated Content” | Means any uploaded material, data shared, or contribution made such as text, links, photographs, graphics, video, audio, other data or information posted by you on Social Media. |
4.2 Interpretations.
Unless there is something in the subject or context, the following words are given the following interpretations: –
- (a) the singular includes the plural and vice versa and references to any gender includes a reference to all other genders;
- (b) a reference to any law includes references to such laws and regulations as they may be amended from time to time, supplemented or re-enacted;
- (c) these Consumer Terms shall be construed as a reference to it or them as varied, supplemented or novated from time to time; (d) titles and headings of the Consumer Terms are merely inserted for convenience for reference only and cannot have any effect on the interpretation or construction of the Consumer Terms;
- (d) and titles and headings of these Consumer Terms are merely inserted for convenience for reference only and cannot have any effect on the interpretation or construction of the Consumer Terms; and
- (e) just because we are responsible for the preparation of the Consumer Terms, or any part of it, the rule of construction shall not apply to our disadvantage.
5. PERSONAL DATA
5.1 This Clause 5 shall be read in conjunction with our Privacy Policy which can be found on Redpay Website. In the event of any inconsistencies, this Clause and the Privacy Policy shall be interpreted to achieve the most commercially reasonable outcome.
5.2 By registering for an Account, you consent to the use and disclosure of your Personal Data in accordance with the PDPA.
6. ELIGIBILITY AND APPLICATION
6.1 We do not enter into contracts with individuals under 18 years of age. If you are under 18, please obtain consent from a parent or legal guardian before using our Services. We shall not be liable for any loss or inconvenience to you for failing to obtain consent.
6.2 By submitting an application, you are requesting us to provide the Service to you. Prior to approving your application, we will conduct an electronic e-KYC process. We reserve the absolute discretion to determine your eligibility and may reject your application and/or refuse to provide the Service at any time, without liability, and without obligation to provide any reason. Our decision is final and binding, and you agree that you have no right to challenge or question our decision.
6.3 In addition to the above, we may refuse your application if:
- (a) you fail to provide satisfactory proof of identification,
- (b) you do not meet the eligibility criteria for the Service,
- (c) the Service is not available at the location where you wish to acquire the Service, or
- (d) you do not have an appropriate Credit Rating.
7. CREDIT RATING
7.1 You agree that as part of the application process, we can check your Credit Rating through a Credit Reporting Agency. We can conduct further credit checks on you while you remain as our user. You understand that a credit inquiry could adversely affect your Credit Rating. Subject to any legal requirements under the PDPA to disclose Personal Data to you, we do not have to disclose our credit criteria or the reasons for our decision to you (regardless whether or not it relates to declining your application, providing a restricted Service to you, or otherwise). If you are not satisfied with the information provided by the Credit Reporting Agency, you will need to contact them directly. You are aware and agree that we may report your payment record to any Credit-Reporting Agency at any time.
8. PROMOTION
8.1 We may offer Promotions from time to time. The terms of each Promotion will be outlined either in specific terms related to the relevant service, in advertising material, on the RedPay website, our social media, or other platforms. If you choose to participate in a promotion, the terms of the promotion will take precedence to the extent that they conflict with these Consumer Terms. Otherwise, the terms and conditions of these Consumer Terms will continue to apply. Once the promotion expires or terminated, the full terms and conditions of the Consumer Terms shall apply.
9. YOUR ACCOUNT
9.1 Registration of Account
In order to use the Service, you are required to register an Account with us.
9.2 Accuracy of your information
You shall provide us with accurate and complete information and keep that information accurate, complete and up-to-date. We have no obligation, whether express or implied, to verify the accuracy and authenticity of any information provided by you. Please take note that we have the right to suspend, and/or forthwith terminate your use of the Service if the information provided by you is untrue, inaccurate, not current or incomplete, or we suspect that such information provided by you is untrue, inaccurate, not current or incomplete.
9.3 Social Media
If we allow you to log-in using your Social Media account through Redpay App, you agree to grant us to access certain information from your Social Media account. The amount of information accessible to us can be controlled by adjusting the privacy settings in your Social Media account.
9.4 Security
You play a critical role in ensuring the security of Transactions made through your mobile device. We strongly recommend taking the following precautions, though these steps are not exhaustive: –
- (a) Enable a secure password or biometric authentication on your mobile device;
- (b) Avoid using public Wi-Fi networks for sensitive transactions;
- (c) Only install applications from trusted and reputable sources;
- (d) Keep your login credentials secure and confidential at all times;
- (e) Create a strong, unique password specifically for your account; and
- (f) Regularly monitor your account activity for any unauthorized transactions or suspicious behavior.
You shall, at all times be solely responsible to keep confidential and safeguard your Account details. You shall not disclose and/or share your login credentials, authentication details, and/or security credentials to any person. You shall be solely responsible and liable for any use and misuse of your Account and all activities that occur under your Account.
9.5 Transaction and Available Balance
- (a) Any transaction or communication made from your Account will be deemed to have been authorized and transacted by you, regardless of whether it was actually initiated by you. You will be personally liable and responsible for all use of your Account, including but not limited to all transactions that have been authenticated, whether or not you performed them unless it can be clearly demonstrated that the transaction or communication occurred due to an error on our part.
- (b) You are responsible for regularly reviewing your Account to verify your available balance before using your e-Wallet. It is your obligation to ensure that there are sufficient funds in your e-Wallet to cover each transaction, including purchases, recurring payments, cash withdrawals, fees, and other applicable charges. If the total amount in your e-Wallet is insufficient, the Transaction will be declined.
9.6 Top-Up, Deduction & Auto
- (a) Top-Up Top-Up to your e-Wallet can only be made in Ringgit Malaysia and the e-Money stored in your e-Wallet must not exceed the e-Wallet Limit. Once the Account is activated and Top-Up has been performed, you may proceed to use your e-Wallet authorised by us to conduct transactions with Merchants. Each transaction made with your e-Wallet authorizes us to deduct the corresponding e-Money from your e-Wallet.
- (b) In the event you have enabled the Auto Top-Up function, you agree and authorize us to automatically reload onto your e-Wallet by charging your debit or credit card account with the Auto Top-Up Value when the stored e-Money value in your e-Wallet falls below the Preset Value.
- (c) We shall not be liable for any delays in crediting e-Money into your e-Wallet if such delays are not due to our fault.
- (d) All Top-Ups and Auto Top-Ups shall be considered complete only once all relevant funds have been received and are reflected in your e-Wallet.
- (e) We reserve the right to suspend, revoke, or block any Top-Up or Auto Top-Up to your e-Wallet if we determine, or are informed by third parties including appropriate authorities, that the transactions are irregular, suspicious, illegal or unauthorized.
9.7 Withdrawal
In the event you terminate the Service, you are entitled to withdraw the stored e-Money and such sum shall be credited to a bank account nominated by you. Transfers to accounts not belonging to you are not permitted and such requests will be declined. We will process withdrawal requests within 30 days from the date of receipt and will charge a withdrawal fee of RM2.00 per request.
9.8 Transfer of e-Money
You may transfer e-Money from your e-Wallet to another recipient nominated by you. Please refer to Redpay App or Redpay Website to find out more about this feature.
9.9 Dormant Account
If you do not perform any transaction and/or access your Account for a period of two (2) years, we will consider such Account to be dormant. We will exercise our rights to suspend and/or terminate the Account. We will use our effort to contact you for a refund. If we are unable to do so, we will lodge such e-Money with the Registrar of Unclaimed Moneys.
9.10 Death
In the event of death we will transfer such e-Money to your beneficiary or next-of-kin provided that such request for transfer of e-Money is supported by a letter of probate, letters of administration, and/or cogent documentary evidence.
9.11 Other User
You are solely responsible for use of your Account.
10. TAXES
10.1 Our Service may be subject to applicable taxes, levies, duties or similar governmental assessments of any nature, including, for example, service, sales, or withholding taxes, assessable by Malaysia tax authority (collectively, “taxes”) and, unless expressly noted, our fees are exclusive of applicable taxes.
11. YOUR OBLIGATIONS & RESTRICTED ACTIVITIES
11.1 In connection with the use of the Service, Platform or in the course of interaction with us, Merchant or third party, you SHALL NOT: –
- (a) breach any of these Consumer Terms;
- (b) violate any applicable Law;
- (c) infringe our and/or third party intellectual property;
- (d) act in a manner that is defamatory, trade libellous, threatening or harassing activities;
- (e) use, send or receive what we reasonably believe to be potentially fraudulent funds;
- (f) refuse to cooperate in an investigation or fail to provide confirmation of your identity or any requested information;
- (g) facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempt to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorised access to any system, data, information or the Service;
- (h) use any automated device, such as a robot or spider, or manual process to monitor or copy our Platform without our prior written consent;
- (i) interfere or disrupt or attempt to interfere with or disrupt our Platform, any other software, systems (including any networks and servers used to provide any of the Service);
- (j) attempt to probe, scan or test the vulnerability of any of our system or network or breach any security or authentication measures; and/or
- (k) circumvent any of our policy or determinations about your Account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional account when your Account has been restricted, suspended or otherwise limited; opening new or additional account using information that is not your own, or using someone else’s account.
11.2 You SHALL: –
- (a) take all reasonable steps to prevent fraudulent, improper or illegal use of the Service;
- (b) be responsible and liable for all usage of and all payment of the fees, charges, taxes and duties for using the Service including but not limited to payment of all fee, charges, taxes and duties any transaction made with a Merchant;
- (c) be fully responsible for any and all data posted from your mobile device whether by you or any other person;
- (d) and lodge a report with us immediately upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to your Account, mobile device and its use.
12. TRANSACTION DISPUTE WITH MERCHANT
12.1 You shall be responsible for ensuring that Transaction amount is accurate prior to making any payment. By proceeding with the payment, you agree that all entries displayed in the transaction history are true and accurate, unless you are able to provide evidence to the contrary indicating that the transaction was erroneous.
12.2 We disclaim any liability for transactions conducted with a Merchant, and we are not responsible for any disputes arising from such transactions. Any issues or disputes related to a transaction should be directed to the Merchant with whom the transaction was made. Upon lodging a complaint with the Merchant, we will act in good faith and strive to resolve the issue in accordance with the Merchant-Customer Dispute Process Schedule.
12.3 The e-Money will only be credited back to your e-Wallet upon completion of a proper investigation and resolution of the dispute by the Merchant, in accordance with the Merchant-Customer Dispute Process Schedule.
12.4 In the event any incorrect sum was deducted from your Account, we shall have the right(s) to make the necessary adjustment or deduction from your Account as required.
13. DISPUTE
13.1 Before pursuing any dispute through legal proceedings or with a relevant regulatory body, you shall first attempt to resolve the claim by providing a written description of your claim, addressed to us in accordance with the terms set forth herewith.
13.2 In the event e-Money is incorrectly deducted from your Account, you are required to notify us in writing within sixty (60) days from the date of the alleged wrongful deduction. The notice must specify: (a) the disputed entry or amount, and (b) the reasons for disputing such entry and/or amount.
13.3 You irrevocably agree that failure to notify us in writing within sixty (60) days from the transaction date shall constitute your acceptance of the entry as correct and accurate. Thereafter, the entry will be binding and conclusive evidence against you in respect of the correctness and accuracy of the specified entry in your Account.
13.4 Upon receipt of your written notice, we will resolve the dispute in accordance with the Redpay-Consumer Dispute Resolution Process Schedule. We reserve the right, at our discretion, to conduct an investigation into the disputed amount. The result of our investigation will be final, conclusive, and binding upon you, and you shall not have the right to challenge or question the findings.
13.5 If the investigation reveals that the deduction or error was caused by us, we will reverse any incorrect amount applied to your e-Wallet in accordance with the Redpay-Consumer Dispute Resolution Process Schedule.
13.6 If your Account is suspended or terminated due to a breach of the law, fraudulent, improper, and/or illegal use of the Service, you will not be entitled to a refund or to withdraw any e-Money. We reserve the right to retain the e-Money for an indefinite period and/or release it to the relevant authorities in compliance with applicable laws. You shall have no claim against us in such cases.
13.7 You agree that any cause of action arising from or related to your access to or use of the Service or Platform must commence within six (6) months after the cause of action arises. Any claims brought after this period will be permanently barred.
13.8 If we are not able to resolve your dispute and you are not satisfied with our attempt to resolve the dispute, you may contact the following bodies:
Bank Negara Malaysia
Laman Informasi Nasihat dan Khidmat (LINK)
Ground Floor, Block D
Jalan Dato’ Onn
50480 Kuala Lumpur.
Contact Centre (BNMTELELINK)
Tel: 1-300-88-5465
Fax: 03-2174 1515
Website: http://www.bnm.gov.my/bnmlink
Email: bnmtelelink@bnm.gov.my
Ombudsman for Financial Services
14th Floor, Main Block,
Menara Takaful Malaysia,
No. 4, Jalan Sultan Sulaiman,
50000 Kuala Lumpur.
Tel: 03-2272 2811 Email: enquiry@ofs.org.my
14. MERCHANT’S PROPERTY
14.1 The Service may include content, promotions, goods, and/or services provided by third-party merchants (“Merchant”) and may also contain hyperlinks to websites that are neither maintained nor controlled by us (“Merchant’s Property”). These links and Merchant’s Property are provided solely for your convenience.
14.2 Any dealings between you and such Merchant are strictly between you and the Merchant. Prior to engaging in any transaction with the Merchant, we strongly encourage you to review the Merchant’s terms and conditions, including their privacy policy, thoroughly. You must ensure that you fully comply with the Merchant’s terms and conditions, and your actions must not, under any circumstances, infringe upon or erode our rights.
14.3 In addition to any other rights we may have, you agree to indemnify, defend, and hold us harmless from any and all losses, liabilities, and threatened losses, arising from or in connection with, or based on any allegation of: (a) any claim made by a Merchant as a result of your acts, omissions, or negligence, or (b) any claim arising from or related to your breach of the Merchant’s terms and conditions, whether directly or indirectly.
15. INTELLECTUAL PROPERTY
15.1 “Kiple,” “Redpay,” and all associated logos related to the Service are either our trademarks or registered trademarks. You are prohibited from copying, imitating, modifying or using these trademarks without our prior written consent. All rights, title, and interest in and to our Platform, any Content therein, the Services, the technology related to the Services and any content created or derived from the foregoing belong exclusively to us and/or our licensors.
15.2 Additionally, other trademarks that may appear in connection with the Service, such as those of Merchants or third parties, are not affiliated with us. We do not claim ownership of such Merchant or third-party marks, and the use of those marks may be subject to the terms and conditions of the respective Merchant or third party.
15.3 We grant you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access the Platform and use the Service. This license is solely for the purpose of enabling you to use and benefit from the Service provided by us. No implied licenses are granted under these Consumer Terms, and any rights not expressly granted to you herein are reserved by us. This license grant applies to the software and all updates, upgrades, new versions, and replacement software provided in connection with the Service.
16. CONTENT
16.1 The Content is provided to you on an “AS IS” basis for informational and personal use only. Except where expressly agreed in writing by us, the Content shall not be used, reproduced, transmitted, distributed, or otherwise exploited in any manner. If we expressly permit you to download specific Content, you may download one copy of such Content to a single device for your personal, non-commercial use, provided that you: (a) retain all copyright and other proprietary notices intact, (b) make no modifications to the Content, and (c) do not use the Content in any manner that implies an association with us.
16.2 We reserve the right to limit and/or prohibit your access and/or use to any of the Content at our sole discretion and shall not be liable for any such limitation or prohibition.
16.3 You further acknowledge and understand that the Content provided in any part of our Platform may contain technical inaccuracies or typographical errors. We also disclaim any liability for any Content or information that may become outdated since the last time that particular piece of information was updated. We reserve the right to make changes and corrections to any parts of the Content contained in the Platform at any time without prior notice to you.
17. USER GENERATED CONTENT
17.1 Except as provided in our Consumer Terms, we do not claim ownership of any User Generated Content. However, by posting any User Generated Content, you grant us and our affiliates a non-exclusive, irrevocable, royalty-free, transferable, worldwide license to use, reproduce, modify, distribute and display the User Generated Content and any associated intellectual property or publicity rights for the purposes of improving, operating, promoting our current services and developing new services. You acknowledge that you shall not be compensated for any User Generated Content provided.
17.2 Further to the foregoing paragraph, by submitting your User Generated Content to us, you represent and warrant that: –
- (a) the use of your User Generated Content will not infringe any intellectual property or publicity rights; y
- (b) you own or otherwise control all of the rights of the User Generated Content;
- (c) you agree to waive your moral rights and not to assert such rights against us;
- (d) your User Generated Content is not defamatory, threatening, injurious, insulting character, offensive, abusive, offensive on moral, menacing, religious or political grounds, impair your confidentiality obligations;
- (e) your User Generated Content does not infringe the Law; and
- (f) you are solely responsible for your User Generated Content and any consequences arising from its publication.
17.3 We do not endorse any User Generated Content or any opinions, recommendations, or advice expressed therein and we expressly disclaim any and all liability in connection with such content. We do not permit the posting of content that infringes intellectual property rights, including copyrights, and will remove infringing content upon notification of such violation. We also reserve the right to remove any User Generated Content without prior notice.
17.4 If you suspect that your work has been copied and posted in our Platform without your permission or in any other way that constitutes copyright infringement or if you have any form of complaint or grievances in relation to the User Generated Content posted, please contact our Customer Service Support for resolution.
17.5 You are solely responsible for your interactions with other users. We reserve the right, though not obligated, to monitor disputes between users and to take any actions we deem appropriate at our sole discretion, in accordance with these Consumer Terms.
18. DISCLAIMER
18.1 The Service is provided to you on an “as is” and “with all faults” basis. We make no representations or warranties of any kind, whether oral or written, express or implied, or arising by law, custom, course of dealing, or course of trade, with respect to the Service.
18.2 We do not guarantee that any defects in the operation or functionality of the Platform will be corrected. We disclaim all implied warranties, including, but not limited to, implied warranties or conditions of title, merchantability, fitness for a particular purpose, and non-infringement.
18.3 No advice or information, whether oral or written, obtained by you from us or from our Platform shall not create any warranty stated in the terms.
18.4 Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk. You are solely responsible for any damage to your computer system, mobile device or loss of data resulting from the download of any such material.
18.5 We do not control the goods and/or services provided by Merchants who accept Redpay as a payment method and cannot guarantee that the Merchant will complete the transaction or that the Merchant is authorized to do so.
18.6 We are committed to ensuring that all transactions are secure, safe, and confidential. However, due to the global nature of internet infrastructure, we do not guarantee continuous, uninterrupted or secure access to any part of our Service. The operation of the Platform (including any networks and servers used by us or on our behalf) may be affected by various factors beyond our control. There are risks that your Account may be compromised through your mobile device, e-Money may be stolen or fraudulent transactions may occur.
18.7 Despite advanced technological protections, mobile payments and data stored on your mobile device are not immune to intrusion by hackers or identity thieves. We remind you to take extreme precautions. It is essential that you notify us immediately if your mobile device is lost or stolen so that we can suspend your account and prevent unauthorized use. You are responsible for all lost or stolen data, lost or stolen e-money, and any transactions made without your authorization.
18.8 We shall not be liable to you at all for any matters arising under this Clause 18.
19. EXCLUSION OF LIABILITIES
19.1 The Indemnified Party shall not be liable to you for any Claims and Losses, including Consequential Loss arising from or related for: –
- (a) any loss or damage which may arise as a result of any failure by you to protect your password or Account;
- (b) anypermanent or temporary cessation of the provision of any Service (or any features within the Service);
- (c) any inability to access the Platform, your Account, the Services, or any part thereof;
- (d) the deletion of, corruption of, or failure to store, any data and other communication data maintained or transmitted by or through the Account;
- (e) any prohibition, interruption, suspension, and/or discontinuance of use of any Service or Platform (whether in whole or in parts);
- (f) any transaction made with Merchant;
- (g) any suspension or refusal to accept or process payments which we reasonably believe to be made fraudulently or without proper authorization;
- (h) compliance with Law, Appropriate Authority or non-compliance which may affect the supply of Service, or any part thereof;
- (i) any unauthorised access to your Account, Personal Data, data, network or system, howsoever arising, even if such unauthorised access is caused by any act, omission and/or negligence on our part and/or that of our Personnel;
- (j) the refusal of any Merchant to honour or accept any transaction made via your e-Wallet;
- (k) any issues or disputes with regards the delivery, quality, safety, legality, fitness for purpose or any other aspect of the goods and/or services you Transacted with a Merchant;
- (l) disputes or breach of contract relating Merchant’s goods and/or services, errors or omissions in such content, privacy and security practices employed by such Merchant;
- (m) any claim for libel, slander, infringement of third-party intellectual property; and/or
- (n) any Content, User Generated Content, and/or conduct of any user or other third parties.
19.2 Notwithstanding anything to the contrary, if the Indemnified Party is found liable, whether wholly or partially, by a relevant authority or court of competent jurisdiction, you agree that the Indemnified Party’s total aggregate liability to you shall not exceed the limit of your e-wallet balance. This limitation shall apply regardless of the cause of action or legal theory pleaded or asserted.
20. YOUR LIABILITY
20.1 Your liability to the Indemnified Party is to indemnify the Indemnified Party from and against any and all Claims and Losses including Consequential Loss, as a result of: –
- (a) any transaction or other dealing between you and Merchant;
- (b) any breach of, or non-performance of, your representations, warranties, undertakings, covenants, or obligations under these Consumer Terms;
- (c)anyinfringement of our intellectual property or third-party intellectual property;
- (d) the use, access and/or transmission of any Content and/or User Generated Content;
- (e) the transmission or publication or communication of any User Generated Content in breach of the Consumer Terms and/or any applicable policy;
- (f) any unauthorized access to any of our Service, Platform, our customers’ Personal Data, our network or our supplier’s network, through hacking, password mining and/or any other means;
- (g) any fee, fine, penalty or charges levied by Merchant or third party payment provider against us due to any action or inaction by you in respect of a transaction and/or the provision of Service to you;
- (h) misconduct, fraud, dishonesty and/or negligence on your part in respect of any Transaction or use of our Service; and/or
- (i) any violation of the Law.
21. SUSPENSION
21.1 We reserve the right to suspend, revoke, refuse and/or block the use of the Service (or any part thereof), the Transaction and/or your Account, at any time without liability and without prior notice, if: –
- (a) you breach any terms and conditions of these Consumer Terms;
- (b) we form a reasonable belief that the Account poses an unacceptably high risk to us or to other users;
- (c) such action is necessary to protect our legitimate interests;
- (d) there is reasonable suspicion of fraudulent, and/or any illegal activity;
- (e) you fail to cooperate with any investigation and/or enquiry conducted and/or carried by the Appropriate Authority, in respect of any suspected violation or violation of any Law;
- (f) we receive an order, instruction, notice and/or directive from any Appropriate Authority to take such action; and/or
- (g) any other reasons as we deem fit.
21.2 The suspension exercised under this clause shall not prevent us from exercising our right to terminate these Consumer Terms and the Service with respect to the same breach.
22. TERMINATION OF ACCOUNT
22.1 You may terminate your Account at any time. However, you shall remain liable for all obligations related to your Account even after it is terminated. Upon termination of your Account, we will cancel any scheduled or incomplete transactions. You are required withdraw or transfer any Available Balance before termination of the Account.
22.2 In certain cases, you may not be able to terminate your Account, including but not limited to the following circumstances: –
- (a) to evade an investigation;
- (b) if you have a pending transaction or open dispute or claims;
- (c) if your Account has a negative balance; and/or
- (d) if you have any outstanding obligations and/or liabilities.
22.3 We reserve the absolute discretion to terminate the Agreement with you, any Platform (in whole or in part), and/or the Service (in whole or in part) at any time, with or without notice, and without liability to you without any reason.
22.4 Termination of the Service or Consumer Terms shall not constitute a waiver of any liabilities or obligations you may have accrued up to or prior to the date of termination.
22.5 Clauses which by their nature are intended to survive termination or expiration of this Agreement shall so survive.
23. GENERAL PROVISIONS
23.1 Your communication with us
You may contact our Customer Service Support to lodge a complaint, dispute regarding the Platform or Service, or to serve us with any other communication relating to the aforementioned (collectively referred to as “Formal Notice“).
We may serve a Formal Notice or other communication to you by electronic mail, hand delivery, courier, prepaid ordinary post, registered post (excluding AR Registered), or facsimile to the address you have provided to us. We may also serve you a Formal Notice or other communication to your last known address recorded in our records.
A Formal Notice or other communication shall be deemed effective as follows:
- (a) If delivered by electronic mail, on the day of delivery, provided that the email is not returned as undeliverable and the sender receives a confirmation of receipt;
- (b) If delivered by hand, on the day of delivery;
- (c) If sent by prepaid registered post, three (3) days after the date of posting;
- (d) If sent by courier, one (1) day after dispatch; or
- (e) If sent by facsimile, on the day of transmission, provided that the transmission report from the sender’s facsimile machine confirms that the transmission was completed in full and without error.
23.2 Waiver of Rights
If you breach any terms and conditions of these Consumer Terms and we do not immediately exercise a right or remedy available to us due to such breach, this does not constitute a waiver of our right to exercise that right or remedy at any later time. Our failure to act in response to a breach does not imply a waiver of our right to enforce the terms and conditions or to take action for any subsequent or other breaches.
23.3 Transfer, Assignment or Novation
- (a) You shall not transfer, assign, or novate your agreement with us, or any part thereof, to any third party without obtaining our prior written consent.
- (b) We reserve the right to transfer, assign, or novate the Service, any Platform, and/or these Consumer Terms, in whole or in part, to our Affiliates or any third party at our discretion and without notice to you. These Consumer Terms shall be binding upon and inure to the benefit of our permitted assigns and successors, as well as your permitted assigns and successors.
23.4 Severability
If any of the provisions herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
23.5 Governing Law
The Consumer Terms is governed by the laws of Malaysia without regard to principles of conflicts of law. You and us shall submit to the non-exclusive jurisdiction of the courts of Malaysia, and you waive any objections on the ground of venue or forum non-conveniens or any similar grounds.
23.6 Language
These Consumer Terms may be translated into any other languages. In the event of any inconsistency, conflict, ambiguity or discrepancy between the English version and any foreign language version of these Consumer Terms, the English version of these Consumer Terms shall prevail.
23.7 Entire Agreement
These Consumer Terms and the additional terms and conditions forming part of the Service set out the entire agreement between you and us and supersedes any prior arrangements or agreements that we may have with each other, whether it is oral or in writing.


