Terms of Use

Terms of Use

The following terms and conditions shall govern your access and use of this website at and all information, content, products, services and functionality available at or through the website (“Website”). This Website is owned and operated by , a company incorporated under the laws of Malaysia with its business address at Wisma MPSB, Lot 113, Jalan USJ 21/10, 47630 Subang Jaya, Selangor, Malaysia (“MPAY”, “we”, “us”, or “our”).

The Website may contain terms, conditions, covenants and provisions and content, including, without limitation, text, opinions, photographs, video, audio, graphics, tools, analytics, functionality, products and information (collectively, the “Content”) displayed and/or otherwise contained on the Website which you may access.  If at any time you do not agree with the Terms of Use, you shall stop accessing and/or use the Website and the Content. The Website and the Content contained therein is the exclusive property of MPAY or its affiliates.

Notwithstanding anything in the Terms of Use to the contrary, your rights to use certain material available on or through the Website may be subject to separate written license agreements with MPAY.  In the event you have signed a separate written license agreement with MPAY to access all or any portion of the Website, including any separately entitled sections of the Website, then the written license agreement, rather than these Terms of Use, will govern your use of such Website. In the event of a conflict between your written license agreement and these Terms of Use, the terms and conditions in the written license agreement shall prevail.

1. USE OF THE SITE(S)

MPAY grants you a personal, revocable, non-exclusive, non-transferable, limited license to access and use the Website and the Content conditioned upon your compliance with these Terms of Use. The Website and the Content contained therein may be used solely for viewing and ad hoc non-commercial use.

You may not license, sublicense, transfer, sell, resell, publish, reproduce and/or otherwise redistribute the Website, including the Content or any component thereof in any manner (including, but not limited to, via or as part of any Internet site).  You may not a) use the Content or any portion of the Website as part of any intranet or other internal network; b) create archival or derivative works based on the Content or any portion thereof; or c) modify, reverse-engineer, disassemble, decompile or store any Content or any portion of the Website. You may not use the Website or any Content contained therein, in whole or in part in any manner that either competes or is intended to compete with MPAY or its affiliates, including without limitation, any distribution of any Content or a derivative work based thereon. You may not use the Website for any illegal purpose or in any manner inconsistent with these Terms of Use. MPAY may discontinue or change the Website and any Content contained therein, or their availability to you, at any time without notice. MPAY is not under any obligation to update any Content following publication on the Website. The terms of these Terms of Use will survive any such discontinuation.

2. INTELLECTUAL PROPERTY RIGHTS AND UNLAWFUL USE

All proprietary rights (including, but not limited to, copyrights, trade secrets, database rights, trademark rights, rights to trade names, service marks and other product and service names and logos) which may be contained within the Website and any and all Content, including, but not limited to, all information, data, ratings and ratings symbology, software, products and documentation contained or included therein, are and shall remain the sole and exclusive property of MPAY and its supplier. The Website and any and all Content contained herein is protected by copyright in addition to other intellectual property laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Website may be registered or unregistered marks of MPAY or others. Nothing contained on the Website shall be construed as granting any license or right to use any of the Marks displayed on the Website unless the express written permission of MPAY or a third-party owner of such Marks is obtained. The Website and the Content are compiled, prepared, revised, selected and arranged by MPAY and its suppliers through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and the Website and any and all Content constitute valuable intellectual property of MPAY and its suppliers. Copying of, use of, access to or distribution of the Website or any Content contained therein in breach of these Terms of Use may cause MPAY and/or its suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. Any breach hereof by you may be enforced by MPAY or its suppliers by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. Any actual or attempted illegal or unauthorized uses of the Website, the Marks or any Content are strictly prohibited and MPAY reserves its rights against such prohibition.

MPAY does not in any manner warrant or represent that the materials on the Website, including any Content contained therein, are appropriate or available for use for any particular purposes and in any particular location.  If you choose to access the Website including any Content therein, you do so on your own initiative and you are responsible for compliance with all applicable laws.

NOTE: For your protection, MPAY reserves the right to view, monitor, and record activity on the Website in accordance with MPAY’s Privacy Notice, to the fullest extent permitted by applicable law. MPAY hereby reserves the right to discontinue access to the Website either with or without notice if MPAY has a reasonable basis to believe that a User is accessing or using any Content in violation of these Terms of Use, in addition to any other available rights and remedies.

3.  ANTI-HACKING PROVISIONS

 You expressly agree not to:

• use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data-mining,” “computer code” or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website, any Content found on or accessed through the Website, or any User Content without the prior express written consent of MPAY;
• obtain or attempt to obtain through any means any Content on the Website that has not been intentionally made publicly available, either by their public display on a Site or through their accessibility by a visible link on the Website;
• violate any measure employed to limit or prevent access to the Website or the Content;
• violate the security of the Website or attempt to gain unauthorized access to the Website, the Content, or data, materials, information, computer systems or networks connected to any MPAY server, through hacking, password mining or any other means;
• interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any Content prior to the time that it is intended to be available to the public on the Website;
• take or attempt any action that, in the sole discretion of MPAY, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or the MPAY infrastructure;
• misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

4. DISCLAIMER AND LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE (AND OUR AFFILIATES, LICENSORS, SUPPLIERS AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES REGARDLESS OF THE NATURE OF THE ACTION, ARISING DIRECTLY OR INDIRECTLY, FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE YOUR USE OF WEBSITE. THESE LIMITATIONS SHALL WEBSITELY TO THE FULLEST EXTENT PERMITTED BY LAW. BY ACCESSING OR USING WEBSITE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE US, AND OUR DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF WEBSITE.

5. LINKS TO OTHER WEB SITES FROM THIS WEBSITE

You may, through hypertext or other computer links, gain access to web sites operated by persons other than MPAY. Such hyperlinks are provided for your reference and convenience only and are the exclusive responsibility of the owners of each such web site. You agree that MPAY is not responsible for the content or operation of such web sites, and that MPAY shall have no liability to you or any other person or entity for the use of third-party web sites. Except as described below, a hyperlink from the Website to another web site does not imply or mean that MPAY endorses the content on such web site or the operator or operations of such web site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the Website.

As you browse through the Website you may access other web sites that are subject to different terms of use. When you use those other web sites, you may be legally bound by the specific terms of use posted on such web sites. If there is a conflict between these Terms of Use and other terms of use of such web sites, the terms of use of such web sites will govern with respect to your use of such web sites.

6. USER CONTENT

The User grants to MPAY a perpetual, nonexclusive, irrevocable, fully paid, royalty-free, sublicensable and transferable (in whole or in part) worldwide right and license in any and all media, now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative works based upon and otherwise exploit all material posted to or received through the Website by, from or on behalf of the User or anyone else using the User’s account (other than third party material transmitted through private electronic mail) (“User Content”) (including, without limitation, any names, voices, likenesses, performances and actions contained therein) for any purpose whatsoever (including, without limitation, advertising, commercial, promotional and publicity purposes) in MPAY’s discretion without notice, approval, attribution or consideration to you or to any other person or entity.  You represent and warrant that you have all rights necessary to grant the foregoing license, that neither the permission nor consent of any other person or entity is required to enable MPAY to legally use the User Content in accordance with this license;  that all User Content provided to the Website by you or anyone else using your account complies with all applicable laws, rules and regulations; and that MPAY’s use of the User Content in accordance with this license will not violate or infringe upon the rights of any person or entity.

Users entering material into the Website are responsible for the content of that material. MPAY does not have any responsibility for User Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from a Site.  However, MPAY retains the right, to review, edit or delete User Content that MPAY deems to be illegal, offensive or otherwise inappropriate.

You may not input or distribute any material through the Website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of MPAY.

7.  PRIVACY NOTICE

Please see the MPAY Privacy Notice for information on MPAY’s data collection and use practices with respect to the Website.

As part of access to portions of the Website, you may be required to provide certain information, such as, your name and email address. In addition, you may be required to select a username and password. You represent and warrant that any information you provide to MPAY in connection with the Website shall be accurate and complete. You further agree to keep any passwords/user IDs in connection with the Website in strict confidence and promptly advise MPAY of any actual or threatened unauthorized disclosure or misuse of the Website or any passwords/user IDs with respect to the Website that come to your attention. You shall cooperate with MPAY in enforcing the restrictions and limitations set forth herein.

8. ADDITIONAL LEGAL TERMS

These Terms of Use constitute the entire agreement between the parties relating to the Website and supersedes any and all other agreements, oral or in writing, with respect to such Website. The failure of MPAY to insist upon strict compliance with any term of these Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. To the fullest extent permitted by law, you shall indemnify, hold harmless and defend MPAY and its suppliers from and against any and all costs, claims, damages or liabilities (including reasonable legal fees and court costs) arising out of any breach by you. These Terms of Use are personal to you, and you may not assign your rights or obligations to anyone. If any term or condition hereof is found by a court or jurisdiction to be invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant term shall be deemed deleted and the remaining terms and conditions hereof shall remain in full force and effect and shall be enforceable to the maximum extent permitted by law. These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use shall be governed by the laws of Malaysia. The parties agree to submit to the jurisdiction of the courts in Malaysia for any dispute arising out of these Terms of Use. 

9. Changes to Terms of Use

MPAY may change these Terms of Use at any time without notice. Changes will be posted on the Website under “Terms of Use”. Your access and use of the Website after any changes have been posted will constitute your agreement to the modified Terms of Use and any changes. Therefore, you should read these Terms of Use from time to time to be aware of any such changes.

10. HOW TO CONTACT US

If you have any questions or concerns about these Terms of Use, please contact MPAY at 1-700-81-6729 (MPAY) or enquiry@mpay.my.