MobyPay – Buy Now, Pay Later

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Terms of Service

By using our website; https://www.mobypay.my (“Website”) any of its subdomain, Application, any other platforms (collectively hereinafter referred to as “Platforms”) where Moby Money Sdn Bhd renders MOBYPAY and other products and services from time to time (collectively hereinafter referred to as (“Services”), you are bound by this Terms of Service which shall govern your use of, and access to our Services and Platforms.

Please read the Terms of Service carefully, to understand  your obligations and other responsibilities imposed on you. The Terms of Service may be amended from time to time to cater to any changes or updates to our Platforms, Services, any requirements of the applicable laws and/or any changes in our policies which shall be applicable to you. We highly encourage you to refer to this Terms of Service every time you browse our Platforms or use our Services to ensure you are informed of the latest revisions.

Time whenever and wherever mentioned shall be of the essence of this Terms of Service.

Parties to this Terms of Service

This Terms of Service (“this Terms of Service”) is a contract between you (“you”, “your”, “Customer”) and MOBY MONEY SDN BHD with a company registration number (Company No. (201901032761 (1342091-H)) and its registered address at Unit 30-01, Level 30, Tower A, The Vertical Business Suite, Jalan Kerinchi, Bangsar South, 59200 Kuala Lumpur (“Moby Money”, “we”, “us”, “our”).

In this Terms of
Service Moby Money and the Customer may also be referred to herein as a “Party”
and collectively as the “Parties”.

WHEREAS:-

A. You intend to utilise Moby Money’s Services and Platform;

B. This Terms of Service sets out the terms and conditions of use of Moby Money Platform and Services ;

C. You should print a copy of this Terms of Service, Payment Schedule and our Privacy Policy for your records.

NOW IT IS HEREBY AGREED:-

DEFINITIONS

Terms defined elsewhere in this Terms of Service shall have the meanings respectively assigned to them and the followings shall have the meanings assigned to them hereunder namely:

Account means an Account that is created on the Platform to uniquely identify you and to enable you to use the Services.

Affiliate or Affiliates are companies that are direct or indirect subsidiaries of Moby Money, or are otherwise related to MOBYPAY or Moby Money through common ownership or control.

Application any future mobile application, or any other application in which our Services can be integrated into.

Terms of Service means this Terms of Service, Moby Money’s Privacy Policy, Payment Schedule, together with any policies and documents incorporated by reference and any amendments thereto.

Claims means any and all suits, claims, demands, litigation and/or liability of any nature or kind, including but not limited to the costs, expenses, legal fees and liabilities of whatever nature (including those from third parties), including those under contract, in tort or otherwise at law

Contractor means anyone appointed by Moby Money to assist us in providing our Services to you or to carry out work on our behalf including but not limited to Information Technology service providers, payment gateway service providers, payment processors, analytics service providers, advertising and marketing agencies and other third parties Moby Money may engage with for the purposes rendering the Services to you.

Credit Checks means the credit checks carried out by us on you which shall include but not limited to extracting credit reports from registered credit reporting agencies, review of proof of income and any other required supporting document submitted to us, either itself or through a third party.

Deferred Payables means the repayment of the Order Value which shall be made by you to Moby Money in accordance with MOBYPAY’s Instalment Payment.

Government Authority means the Government of Malaysia and any other government (including quasi government) ministry, agency, institution, local authority or department having jurisdiction over the Parties and/or the subject matter herein.

Information means any confidential and/or personally identifiable information or other information related to an Account, Merchant or Customer, including but not limited to the following: name, identification number and documents, contact number, email address, date of birth, tax identification number, billing/shipping address, phone number and financial information.

Instalment Payment means each interest free instalment of the Deferred Payables, which shall be payable by you to Moby Money in accordance with MOBYPAY’s instalment feature (either a 3-months, 6-months, or a longer termed instalment payment plan that is offered to you by Moby Money) until the Deferred Payables is fully repaid.

Intellectual Property Rights means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Merchant means E-Commerce merchants and/or offline retailers who has a merchant Terms of Service with Moby Money and whose goods and/or services may be purchased by you via your usage of MOBYPAY.

MOBYPAY is a technology or solution that enables you to place an Order to purchase goods and/or services from Merchants vide the Platform whereby Moby Money makes the payment for the purchase price of the goods and/or services upfront on your behalf to the Merchants and recover the equivalent purchase price amount from you through Instalment Payment.

Order means a request submitted by you to the Merchant vide MOBYPAY to pay for goods and/or services offered by a Merchant.

Order Value means the purchase price and any other amount charged by Merchants in connection with the Order such as shipping fee or delivery fee you are required to pay to the Merchant for the purchase of the goods and/or services, which shall first be paid by Moby Money to the Merchant on behalf of you.

Payment Method means any payment method accepted by Moby Money from time to time to pay a transaction.

Payment Schedule means, in relation to an Order, a list of Instalment Payment amounts that Moby Money is entitled to receive from you in connection with a MOBYPAY transaction, and the relevant due dates of each payment which shall be reflected in your Account.

Personal Data means data as defined in the PDPA

Upfront Fee means any initial payment made by you for the Order at the checkout point which is not part of the Instalment Payment.

DESCRIPTION OF MOBYPAY

By accepting the Terms of Service, Moby Money allows you to purchase goods and/or services offered by the Merchant that is priced above RM10.00  through MOBYPAY. You hereby agree that MOBYPAY is rendered to you on a factoring basis whereby Moby Money pays to the Merchant on your behalf. For the avoidance of doubt, this Terms of Service and MOBYPAY constitutes a factoring agreement and shall not constitute a lending or credit facility whereby Moby Money provides credit to you.

Subject to our verification of your identity, Credit Checks and any other assessments  you are granted access to MOBYPAY which allows you to make an Order from the Merchant to purchase goods and/or services at the Order Value. By placing an Order with a Merchant via MOBYPAY and upon confirmation of the Merchant and/or approval from Moby Money, you hereby acknowledge and agree to provide unconditional and irrevocable consent that the Order Value is assigned to Moby Money and provide a direction to pay (or procure Moby Money’s Affiliate to pay) the Order Value to Moby Money to the Merchant on behalf of you vide MOBYPAY.

Upon payment of the Order Value by Moby Money to the Merchant, you shall make the Instalment Payment for the particular Order in accordance with this Terms of Service and any applicable taxes and duties thereof.

You hereby acknowledge that Moby Money shall not in any event have any form of control over, and shall not be responsible and liable for the goods and/or services purchased by you from the Merchant by using MOBYPAY.

TERMS OF SERVICE

At any time before you register yourself with Moby Money for the use of Services or to use the Platform, you are advised to read through this Terms of Service as well as Privacy Policy and any other policies found in our Platform or those that are communicated to you from time to time through the Platform or by any means stated herein. Privacy Policy and such other policies are incorporated  by reference into this Terms of Service.

By clicking “I Accept” and/or by virtue of using the Platform, you confirm that you have read the terms and conditions of this Terms of Service and that you understand them and you agree to be bound by them.  Your ongoing use of the Services shall constitute your acceptance of this Terms of Service without limitation and qualification.

If you do not wish to be bound by this Terms of Service (save for certain terms and conditions which are intended to survive the termination of this Terms of Service), you must discontinue all access to the Platform and/or terminate your Account created for your usage of the Services and you must not make any purchase from Moby Money’s authorised Merchants vide MOBYPAY. For the avoidance of doubt, discontinuation of your access to the Platform and/or termination of your Account shall not be deemed as waiver of your obligation to repay any outstanding amount.

The Payment Schedule annexed herein shall constitute, and be construed as an integral part of this Terms of Service to the same extent as if the same had been set forth verbatim herein.

You may be subjected to Merchant’s terms and conditions for the purchases of goods or services from the Merchant. By agreeing to use MOBYPAY, you shall also abide such other terms and conditions. You hereby agree to protect and indemnify Moby Money, its employees, directors, sponsors, agents, shareholders and representatives from and against, any and all Claims have suffered or incurred arising out of or resulting from your breach of the other terms and conditions.

MOBYPAY INSTALMENT PLAN

MOBYPAY’s Instalment Payment allows you to pay Moby Money your Deferred Payables for in three (3) instalments or more depending on the type Instalment Payment that is offered by Moby Money that are free of interests. In some cases however, you may be required to make a certain sum of the amount of the goods and services as Upfront Fee of the Order Value determined based on your credit risk profile at the time of purchase.

ACCOUNT

You are requested to register your Account with Moby Money in any of the following manner:

(a)  by visiting and following the process as set forth  in Moby Money’s Platforms; or

(b)  you may be automatically directed to the registration page upon typing ‘Mobypay’; or

(c)  when you place your first Order with any of the Merchants.

You shall not misrepresent your identity or create an Account on behalf of someone else. Once your Account has been created, you will be prompted to choose and to enter a secure password. You are strictly not allowed to share your password or you Account with another person, entity or third party. You may subsequently access your Account, by using your secure password, through the said Platforms.

You shall be responsible for maintaining the security of your Account details. Moby Money shall not be liable or responsible for any unauthorised access and/or use of your Account unless Moby Money has failed to take reasonable steps to prevent such unauthorised access and/or use, or such unauthorised access and/or use arises as a direct result of any negligence, fraud or wilful default on the part of Moby Money.

You shall contact Moby Money as soon as you notice any unauthorised access and/or use of your Account. Moby Money shall not seek to recover any repayments from you should Moby Money consider that there has been an unauthorised access and/or use of your Account.

You shall contact Moby Money as soon as you notice any unauthorised access and/or use of your Account. Moby Money shall not seek to recover any repayments from you should Moby Money consider that there has been an unauthorised access and/or use of your Account.

Notwithstanding the abovesaid, you shall be deemed responsible and held accountable for any repayments due in the event that you:

  • have used your Account in a manner that Moby Money at its sole discretion deems to be suspicious or fraudulent (including where you have knowingly allowed a third party to use your Account fraudulently);
  • have been grossly negligent and/or reckless, thereby enabling a third party to access and to use your Account;
  • have allowed, whether knowingly or negligently, a third party to use your Account, including where a third party has been allowed to access a mobile phone or other device(s) in which your Account has been registered.

By holding an Account with Moby Money, you hereby agree that you shall:

  • Not provide Moby Money with any information that is false, inaccurate and/or misleading;
  • Ensure that any personal information about you, including your contact details, is true, current and complete. In the event of any change of information, you shall  update such information through your Account vide our Website or by writing to pdpa@mobypay.my ;
  • Not use your Account or MOBYPAY for any unlawful, illegal, fraudulent or improper activity;
  • Grant full cooperation to Moby Money to investigate any suspected unlawful, illegal, fraudulent or improper activity on your Account;
  • Not permit others to use your Account, or to have or use your Account password details;
  • Not use any form of technology, including but not limited to any form of device, software or hardware to damage, intercept and/or interfere with MOBYPAY; and
  • Not open and/or use more than one Account.

ELIGIBILITY / ASSESSMENT / CHECKS

As a condition to creating an Account, using the Platform, Services and participating in any promotions and campaigns organised by Moby Money from time to time, you hereby shall all times meet the following criteria:

(a) You are 18 years and above, a Malaysian citizen with a valid local and/or residential mailing address and capable of entering into a legally binding contract
before you are eligible to register and apply for MOBYPAY.

(b) You have valid and verifiable email address and a Malaysian telephone number, in which you can be contacted and/or reached as well as a valid mailing address.

(c) Have a valid physical Malaysian billing and delivery address;

(d) provide identification document and supporting documents for the purposes of identity verification and Credit Checks respectively;

(e) own an authorised debit or credit holder or possess any other payment method that may be accepted by Moby Money.

Moby Money reserves its right to suspend or terminate your Account and/or provision of the Services to you in the event you do not meet the eligibility criterias set out above.

Your registration and/or application for the utilisation of Services is subject to approval at the sole discretion of Moby Money. You agree and consent to the disclosure, use, storage, processing of Personal Data collected any and all identity verification, Credit Check, and any other assessments in relation to you that may be conducted by Moby Money or any of its Contractors before your registration and/or application is approved.

You must have an acceptable credit record, as determined by Moby Money at the sole discretion of Moby Money. You shall not be a bankrupt or undergoing a bankruptcy proceeding;

Please note that at any time before or during subsistence of your contractual Terms of Service with Moby Money, Moby Money reserves the right to conduct and/or arrange its Contractors to conduct a background check on you covering areas including but not limited to criminal records, references, Credit Checks and relevant publicly available records including financial regulatory checks, anti-money laundering or counter-terrorism funding laws.

You hereby agree that Moby Money may run a Credit Check through a registered credit reporting agency, third-party background screening company or their service provider to assess your credit risk profile, your capability in repaying Instalment Payment to Moby Money and to grant a suitable spending limit to you to purchase goods or services from Merchants using MOBYPAY. You also agree that Moby Money may  retain, further process your credit information collected from the foregoing,  your payment behaviour, spending behaviour, credit usage and any other credit behaviour through your transactions in our Platforms for the purposes of performing analytics or alternative data modelling that will be used to enhance our risk assessment process and decisioning on spending limit and/or approval of Order.

If you pass our assessments and we subsequently approve the Order for a particular transaction you have made, our sole remedy in respect of remedying our failure to process the payment of the Order value that is caused by our  action shall be limited to re-performance of the payment. Our liability in remedying the defect shall in no event exceed the total cost of reperforming the payment of the Order.

Moby Money shall be further authorised to make, either directly or through a third-party, any enquiries Moby Money considers necessary to verify your identity and to assess your capability to make payments according to the Payment Schedule annexed herein in relation to all your Orders. This may include but is not limited to ordering a credit report, accessing your Employees Provident Fund (EPF) I-Account, performing other repayment capability checks and verifying information you provide against third party databases.

As part of the approval process and Moby Money’s assessment as to whether or not you have the means to fulfil your obligation according to the Payment Schedule annexed herein, Moby Money hereby reserves the right to conduct a pre-authorisation of your nominated Payment Method. This may involve placing funds in the account linked to your nominated Payment Method on hold each time you make an online purchase, obtain a barcode for an in-store purchase and/or add a new card to your Account.

Moby Money agrees not to share, disclose and/or transfer your credit record with a third party or their Contractor except for the fulfilment of the above purposes and for the performance of this Terms of Service.

Your credit report shall only be disclosed and/or transferred to the following third parties who may be located within or outside Malaysia, namely:

  • Moby Money’s Affiliates;
  • Contractors , for legitimate business reasons; and/or
  • Any person or entity as required by legal or regulatory requirements.

Moby Money shall not retain your credit report longer than necessary in the event that your Application is rejected. Notwithstanding the aforesaid, you hereby agree that your credit report may be retained by Moby Money for a period of up to 18 months after issuance to enable Moby Money to re-determine your eligibility to MOBYPAY.

You hereby agree and grant consent to Moby Money, its Affiliates, registered credit reporting agencies, Contractors to conduct all the necessary checks and verification mentioned above, to collect, process,  disclose, use, store and transfer to a place within or outside Malaysia, any of your personal information  in accordance with Moby Money’s Privacy Policy.

Please refer to Moby Money’s Privacy Policy on the purpose and extent of data collection and processing by Moby Money which is incorporated to this Terms of Service by reference.

SPENDING LIMITS

In Moby Money’s effort to cultivate positive credit behaviour and to discourage over spending, a spending limit is granted to you by Moby Money based on your credit standing and your ability to repay the Instalment Payment based on the assessments, Credit checks and verifications as mentioned above. You may request to increase the spending limit granted to you. In such circumstances,  you are required to submit additional supporting documents to enable Moby Money to perform a more thorough assessments, Credit Checks and verifications. The additional assessments, Credit Checks and verifications may or may not result in the increase of your spending limit which shall be granted based on Moby Money’s sole determination of a suitable limit.

WE STRONGLY ENCOURAGE YOU SPEND RESPONSBILY. AS A MITIGATION TO PREVENT YOU FROM OVERSPENDING OR SPENDING ABOVE YOUR FINANCIAL MEANS WE STRONGLY SUGGEST THAT YOU SHOULD KEEP YOU SPENDING USING MOBYPAY WITHIN THE GRANTED SPENDING LIMIT. SPENDING LIMIT, ANY RECOMMENDATIONS WITH RESPECT TO YOUR SPENDING BEHAVIOUR BY MOBY MONEY ARE MERE OPINIONS OF MOBY MONEY AND ARE NOT INFALLIBLE. MOBY MONEY DOES NOT WARRANT THE ACCURACY, CORRECTNESS OR SUITABILITY OF THE SPENDING LIMIT AND THEREFORE SHALL NOT BE RELIED BY YOU AS THE SOLE OR MAIN BASIS FOR THE PURCHASE OF GOODS AND/OR SERVICES FROM MERCHANTS USING MOBYPAY. YOU SHALL ULTIMATELY USE YOUR OWN ASSESMENT AND JUDGEMENT TO ASSESS YOUR FINANCIAL STANDING AND SPEND WITHIN YOUR MEANS.

Where the Order Value exceeds your approved spending limit, you may be offered the option to pay the difference between Order Value and spending limit during the first Instalment Payment for the Order. 

Your spending limit may also be affected by your ongoing use of MOBYPAY. Any default in payment of the Instalment Payment, may result in decrease of the granted spending limit. Likewise, in the event you pay your Instalment Payment on or before the specified payment due date, which are indicative of good payment behaviour, Moby Money may in its sole determinations increase your spending limit.

PAYMENT METHOD

You must be the authorised holder of an eligible Savings/Current Account/Credit Card which shall be used as your Payment Method to gain access to MOBYPAY upon registration.

It is your sole responsibility to ensure that you have sufficient funds vide your Payment Method to make Instalment Payments on the dates specified in the Payment Schedule annexed herein.

REPAYMENTS

You shall pay the Instalment Payments and all other amounts required to be paid by you under this Terms of Service to Moby Money on or before the specified due dates.

You are encouraged to pay the Instalment Payment and any outstanding payment before the specified due dates. You shall not be subjected to any costs or fees for making any early payments. Moby Money in its absolute discretion, MAY provide reward in the form of cashbacks or discount vouchers (“Rewards”) for your prompt payments.  Rewards are solely motivations and incentives to cultivate good payment behaviour in you therefore Moby Money does not guarantee the provision and/or  availability of such Rewards for any prompt payment on your part.

You acknowledge that all such payments shall be effected through the agreed Payment Method referred to in this Terms of Service.

By creating an Account and indicating your preferred Payment Method (s) (you are allowed to choose more than one payment method), you hereby agree, consent and authorise Moby Money to engage with any payment gateway service providers and payment processors and transmit details of your Payment Method to setup recurring debit card or credit card (‘auto debit’) feature to deduct the Deferred Payables in accordance with the agreed Instalment Payment  of approved Orders. You acknowledge and understand that by enabling the auto debit feature, you will NOT be required to key in a One-Time-Password (OTP) as part of the authentication protocol by the registered bank, for the recurring instalment payments.

Moby Money to automatically deduct the Instalment Payments on the specified due dates from the Savings/Current account nominated by you as your Payment Method.

You may, at any time, update or change the details of your nominated Savings/Current account in your Account.

You shall ensure that you have sufficient funds available on the nominated Savings/Current account in order to make the Instalment Payments on or before the specified due dates.

You shall be held liable and accountable for any fees and/or charges imposed by your account provider except to the extent that they are imposed as a direct result of Moby Money’s error or system failure.

In the event that the automatic payment process fails at any time and for any reason whatsoever (for example because of insufficient balance in your Savings/Current account), such failure shall automatically amount to a default in repayment as defined in this Terms of Service.

You hereby acknowledge that you authorise Moby Money to collect or to reverse variable payment amounts to or from your nominated Payment Method, in accordance with your Payment Schedule annexed herein and the terms of this Terms of Service.

You hereby further authorise Moby Money to debit from your Savings/Current account at a later date or time to satisfy any liability due and owing to Moby Money.

DEFAULT IN REPAYMENT

In the event that you fail to make any Instalment Payment(s) on or before the specified due dates or if your Account is in default of any other overdue payments, Moby Money shall have the right to do the following as described herein: –

Annexure 1 – Example of the 3 months Instalment Payment:

Transaction Amount RM375.00 on 23.03.2021
Instalment Date Instalment No Instalment Amount
23.03.2021 1 125.00
23.04.2021 2 125.00
23.05.2021 3 125.00

Moby Money shall collect the Instalment Payment (including taxes and/or any related charges imposed by the Government or the Merchant) by Direct Debit/charging your selected Payment Method according to the Payment Schedule annexed herein. 

In the event of default in repayment of any Instalment Payment(s) or any part thereof of the purchase made from the Merchants using MOBYPAY to Moby Money under this Terms of Service for more than:-

(a)  Forty eight (48) hours of the payment due date, Moby Money shall be entitled to suspend your Account whereby you will not be able to make any future purchases using MOBYPAY until the outstanding instalment amount is paid.

(b)  Five (5) days of the payment due date (or any shorter period as determined by Moby Money in its discretion) and beyond – Account will  continue to be suspended and Moby Money shall be entitled to charge a one time fixed late payment fee (“Late Payment Fee”) on such unpaid instalment(s) or any part thereof to you;

The Late Payment Fee are as per the table below:-

Late Payment Fee
Transaction Value
1-500 15.00
501-1000 25.00
1001-2000 35.00
2001-5000 50.00
5001-10000 75.00
10001and above 100.00

(Moby Money may, at its sole discretion, impose or waive wholly or partly, any late payment charge on you for any default in repayment)

(c)  Thirty (30) days of the payment due date (or any shorter period as determined by Moby Money in its discretion) and beyond – Account will continue to be suspended. Without prejudice to any other remedy available to Moby Money at law, it may at its sole discretion terminate your Account commence debt recovery action including but not limited to serving Letter of Demands and commencing legal proceedings against you without further reference to you in order to recover the balance of the outstanding Instalment Payment or any part thereof owed (“Debt Recovery”);

(d) (60) days of the payment due date (or any shorter period as determined by Moby Money in its discretion) and beyond – Account will  continue to be suspended or terminated and Moby Money shall have the right to exercise the Debt Recovery.  Additionally, Moby Money shall be entitled to submit your default in repayment and your personal information to any registered credit reporting agencies in order for the default to be reflected in your credit report. You hereby consent and agree that to Moby Money’s submission of you default in payment and negative trade data to the registered credit buraus. Default in repayment or a bad payment behaviour recorded on your credit report may adversely impact your access to future credit facilities and approval of loan. It is therefore imperative that you maintain a good credit behaviour by ensuring your Instalment Payment(s) are made on time.

ORDER CONFIRMATION/CANCELLATION OF ORDER

All Orders that you have placed with Moby Money shall be subject to Moby Money’s approval at their sole discretion.

Moby Money retains the discretion to refuse approval of your Order or to refuse to provide MOBYPAY to you, or may cancel an approved Order before the goods and/or services are delivered or supplied on any of the following grounds:

  • To protect the integrity of Moby Money’s systems or MOBYPAY;
  • To prevent fraud;
  • To limit the risk of money laundering and/or terrorism financing;
  • To otherwise protect Moby Money against legal, regulatory or non-payment risks; If you do not pass Moby Money’s assessment or checks;
  • If an Order is made with an unauthorised merchant of Moby Money in a different jurisdiction;
  • • If you have breached this Terms of Service; or
  • If Moby Money associated with your Account to be suspicious.
  • If Moby Money has reasonable suspicion of any of the above.

In the event of cancellation of an approved Order by the Moby Money:-

(i) Moby Money shall fully refund any amount that you have paid to your nominated Payment Method or (in the event that it is not possible) to any other payment method that you have provided Moby Money with details of, and shall cancel any future payments related to that Order;

(ii) Payment shall not be refunded if the approved Order has been cancelled due to a chargeback being incurred by Moby Money in relation to a payment for the approved Order. Any return of funds in the event aforesaid shall be between you and your issuing bank. The Merchant shall not be obliged to deliver the goods and/or provide the services save and except as required by law;

(iii) You shall have no obligation to make any further payments to Moby Money, or have any other ongoing relationship with Moby Money with respect to that Order; and

(iv) If you wish to proceed with the purchase from the Merchant, the Merchant may accept an alternative payment method at its discretion, or if required by law.

Upon approval of your Order, you will receive an email from Moby Money with confirmation of receipt of your Order and a Payment Schedule.

COMPLAINTS

The delivery and/or quality of goods shall be the responsibility of the Merchant from whom you made the purchase.

Should you have a complaint arising out of the delivery and/or quality of the goods that you have purchased, you should contact the Merchant directly by using the details posted on the Merchant’s website.

It is hereby acknowledged that Moby Money does not have any form of control whatsoever over the goods and/or services that are transacted between you and the Merchant.

If you wish to raise any complaints regarding MOBYPAY, you should do so by contacting Moby Money using the details as listed herein. Any complaint that arises for determination by Moby Money should be raised within seven (7) days . If Moby Money considers that the complaints were not raised within the said time, Moby Money shall reserve the right to reject or not to determine the complaint.

Email: customercare@mobypay.my

Address: Suite 6.08, Penthouse, Wisma Academy, No 4A, Jalan 19/1, 46300, Petaling Jaya, Selangor, Malaysia

Moby Money may request for additional documentation from you to assist them in resolving any complaints and/or disputes, and you shall endeavour to take all actions and to do all things necessary to provide assistance to Moby Money to facilitate  them in resolving any complaints and/or disputes.

In the event that the Moby Money is unable to resolve your complaint within 21 Business days from the date it was made, you shall be notified of the reason for the delay as well as given an indication as to when the complaint is expected to be resolved.

Whilst Moby Money endeavours to accommodate and/or facilitate communication between you and the Merchant or in respect of your complaint regarding MOBYPAY:-

  • Take note that this does not act as a guarantee that the complaint can be resolved; and
  • The outcome of your dispute with the Merchants or in respect of your complaint shall not affect the rights and remedies of Moby Money under this Terms of Service.

REFUNDS

Since Moby Money has no control over the manufacturing, delivery, shipping, packaging or processing the goods and/or services that are transacted between you and the Merchant, you hereby agree to release and hold Moby Money harmless in respect of any Claims arising out of or resulting from any refunds or any delay thereof, replacement and return of goods to the Merchants.  In the event that you decide to return goods to a Merchant, which have been purchased by using MOBYPAY, and request a refund or replacement of goods, and if the refund or replacement of goods have been accepted by the Merchant or otherwise permitted by law, you shall directly arrange the return with the Merchant and hereby agree to be subjected to Merchant’s refund policy and procedures, and ensure that the goods are returned according to the Merchant’s return policy and/or regulations and/or other instructions or your rights in law. In the process of facilitating the replacement or refund between you and the Merchant, you hereby agree that we may process your personal information and conduct any verifications and checks.

It is your sole responsibility to notify the Merchant if you intend to return any goods. The return shall be completed within the period specified and in the manner required by the Merchant’s return policy and/or regulations or as otherwise permitted by the Merchant.

Save and except where Moby Money has been notified by a Merchant that a return and refund is in progress and approved, Moby Money shall continue to process any automatic payments in accordance with the dates as set forth in your Payment Schedule annexed herein.

Until and unless the Merchant has confirmed the return of the goods and has issued a refund to Moby Money for the said goods, you shall remain liable to Moby Money for the full payment of the goods, in accordance with your Payment Schedule as annexed herein.

Upon the Merchant issuing a full refund to Moby Money for the said goods, Moby Money shall issue a refund to your nominated Payment Method (or, if that is not possible, to any other card that you have provided details of) and/or adjust your Payment Schedule appropriately (including to reduce or to cancel any future payments, if necessary).

Do take note that in the event of partial refunds, refund amounts are to be first taken off the last payment(s). If the refund is processed to your expired or cancelled card, you will have to obtain the refunded amount by contacting your respective financial institution. The aforesaid situation shall be illustrated as follows:

If you make a RM600 purchase by using MOBYPAY and the Merchant approves a RM300 refund, Moby Money shall cancel your 3rd instalment of RM200, and amend your 2nd instalment to RM100. Your new Payment Schedule will become 2 payments (instead of 3) of RM200 & RM100. If you had already paid 2 instalments of RM200 each, a refund of RM100 would be applied to your card and the remaining 1 instalment would be cancelled.

Moby Money shall to its best efforts process the refund within three (3) days from confirmation of the refund from the Merchants. However, since the refund process is subject certain handling processes that are out of our control, Moby Money does not in any way guarantee the timeliness of the refunds and you hereby agree to release and hold us harmless against for any delays regarding the remitting the refunds to your nominated Payment Method.

If for any reason we are unable to return the refund amount for refunds approved by Merchants, you hereby agree to receive any vouchers worth the intended refund amount from Moby Money for future purchases using MOBYPAY.

TERMINATION / SUSPENSION

Moby Money reserves all rights to terminate or to suspend your Account at any time by giving notice to you if Moby Money reasonably believes that you have failed to  comply with the terms of this Terms of Service, Payment Schedule or you have not used MOBYPAY for its intended purpose. The balance of any outstanding Instalment Payment and other sums payable under this Terms of Service (if any) shall be immediately due and payable after expiry of proper notice.

The terms of this Terms of Service shall survive the termination and/or suspension of your Account , in particular the terms contained herein in respect of any outstanding Instalment Payment and any late fee (if applicable) at the time the termination or suspension takes effect.

CHANGES IN CONDITIONS/VARIATION

Moby Money reserves all rights to amend this Terms of Service at any time for any reason whatsoever including but not limited to change of functionality of MOBYPAY, introduction of new services, or as required by law. The amended Terms of Service shall be posted on the Platforms. You are advised to read this Terms of Service in detail each time you agree to its terms when placing an Order.

There will not be any change in terms and conditions for an existing Order that has been duly accepted by Moby Money.

Upon the Merchant issuing a full refund to Moby Money for the said goods, Moby Money shall issue a refund to your nominated Payment Method (or, if that is not possible, to any other card that you have provided details of) and/or adjust your Payment Schedule appropriately (including to reduce or to cancel any future payments, if necessary).

NO WARRANTY

Notwithstanding anything to the contrary contained in this Terms of Service, MOBYPAY  is provided “as is” and without any representation or warranty, whether express, implied or statutory, including any warranty of merchantability or fitness for a particular purpose. Moby Money, our Parent and Affiliates, as well as our officers, directors, agents, joint ventures, employees, suppliers, sponsors shareholders and representatives specifically disclaim any implied warranties of title, merchantability, or fitness for a particular purpose and non-infringement. Moby Money does not undertake to give any express warranty or guarantee as to the suitability, reliability and/or availability of MOBYPAY.

Save and except as required by law, Moby Money does not guarantee continuous, uninterrupted and/or secure access to MOBYPAY, and Moby Money makes no representations and/or warranties regarding the amount of time needed to complete processing of Orders or payment transactions or that its Services are reliable or correct. Moby Money also does not guarantee the service of a Contractor that we engage with on our Platforms to ensure that we provide a seamless shopping experience to you such as third party logistics company.

Further as a payment service provider, Moby Money’s role in the purchase process is merely to accommodate your deferred payment for the goods and services purchased from the Merchants. Moby Money does not warrant either expressly or impliedly :

(a) quality, merchantability or that said goods and services sold by Merchant to  be fit for any particular purpose;

(b) the  accuracy of the details of goods and services provided by Merchants on MOBYPAY;

(c) delivery time or shipment of the good and services;

(d) availability of certain goods and services to you due to limitation based on residency, geographic, location or other eligibility criteria.

Any warranty on the goods and services sold by Merchants shall be provided by the Merchants on their website or shall be as stipulated in their respective terms of use. As the Customer purchasing the goods and services, you are advised to carefully read the descriptions and terms of use prior making your purchases.

ASSIGNMENT

No rights or interest in this Terms of Service shall be assigned without prior written consent of Moby Money.

Moby Money may transfer or assign this Terms of Service, and any rights hereunder, to a third party without prior notice being given to you or without your consent, save and except where the transfer or assignment shall detrimentally affect your rights under this Terms of Service (in which  Moby Money shall  seek your consent prior to transfer or assignment, wherein  consent shall  not be unreasonably withheld).

CLOSING YOUR ACCOUNT

You may close your Account by contacting Moby Money directly or in the alternative, choose to follow the process as set out in the said Website subject to the following conditions:-

  • all amounts due and owing by you to Moby Money (including any Late Payment Fee, if applicable) have been paid in full to Moby Money;
  • No disputes and/or refunds are in progress; and
  • You are prohibited from evading investigations of any nature.

To avoid your Account from being accidentally closed or to avoid a third party from attempting to close your Account, you may be required to prove your identity and intent.

Moby Money may also immediately limit your access to your Account or to MOBYPAY or suspend or immediately close your Account where Moby Money has reasonable cause to do so, on the following grounds which includes but are not limited to:

  • Protecting the integrity of Moby Money’s systems and/or MOBYPAY;
  • Preventing fraud;
  • Limit the risk of money laundering and/or terrorism financing;
  • Protecting Moby Money against legal, regulatory or non-payment risks;
  • You failing to pass Moby Money’s assessment and/or checks;
  • If Moby Money reasonably considers the activity associated with your Account to be suspicious; or
  • If you have breached this Terms of Service.

Moby Money endeavours to exert their best efforts to provide to you a written notice before closing of your Account, save and except where such conduct by the Moby Money may compromise any investigation related to your breach of this Terms of Service or any unlawful and/or improper conduct.

In the event that your Account has been closed for any reason whatsoever, this Terms of Service shall be deemed terminated, and all amounts owed by you to Moby Money shall immediately fall due and become payable.

All covenants and undertakings made by you herein shall survive the lawful termination of this Terms of Service and they shall continue to be binding upon you and shall remain in full force and effect for the benefit of Moby Money.

You may close your Account by contacting Moby Money directly or in the alternative, choose to follow the process as set out in the said Website subject to the following conditions:-

Upon closure of your account we may retain your personal information as stated under [clause Data Protection] and in our Privacy Policy.

NO SET OFF

Notwithstanding anything to the contrary, you shall make all Instalment Payments in accordance with the Payment Schedule and pay all other amounts in full to Moby Money without any form of set-off, withholding and/or reduction for any reason whatsoever, including any existing or future act, omission and/or default by Moby Money.

TAXES

You shall pay all taxes including but not limited to withholding tax, duties and charges assessed against it in connection with MOBYPAY rendered under this Terms of Service and you hereby agree to protect and to indemnify Moby Money, its employees, directors, sponsors, agents, shareholders and representatives from and against from any and all Claims and/or liability for income, excess profit, royalty or other taxes assessed or levied by the Government Authority against Moby Money (if any) for an account of any payment made to or earned by you under this Terms of Service.

PROMOTION

Moby Money may organise marketing promotions and campaigns to promote MOBYPAY. All promotions and campaigns organised by Moby Money shall be subject to each of the promotion’s and campaign’s terms and conditions (“Promotions Terms and Conditions”). Your participation in such promotions and campaigns shall be deemed as irrecoverable acceptance by you of such acceptance by you of the Promotions Terms and Conditions.

Moby Money reserves the right to suspend, terminate your Account or any MOBYPAY transaction in the event you breach any of the Promotions Terms and Conditions.

INTELLECTUAL PROPERTY

All information on the Platforms is solely for informative purposes and is subject to change without notice.

The said Platforms and all contents contained therein shall at all times remain the sole and exclusive property of Moby Money or its affiliates.

Take notice that you shall not copy, imitate, modify, alter, use translate, reverse engineer, decompile, disassemble, or create derivative works based on the software utilised by the Platform or for the provision of Services, or any portion thereof, without prior written consent of Moby Money:-

(a)  any URLs representing the Platforms;

(b) any content, logos, graphics, icons belonging to Moby Money;

(c)  any other content published on the said Platforms; or

(d) any other content published in Moby Money’s printed media.

You shall NOT gain, by virtue of this Terms of Service any rights of ownership of copyrights, patents, trade secrets, trademarks, and/or other Intellectual Property Rights legally owned by the Moby Money, its Affliates or owner of the software used by Moby Money to render the Platforms and Services.

WAIVER

No provision of this Terms of Service shall be modified, waived or discharged unless such modification, waiver or discharge is agreed to in writing by Moby Money.

A waiver by Moby Money shall not prejudice or limit its rights in respect of any subsequent breach of this Terms of Service by you.

Neither the failure by Moby Money to enforce any provision of this Terms of Service or any forbearance, delay and/or indulgence granted by Moby Money shall be construed as a waiver of the rights of Moby Money under this Terms of Service.

Neither the failure nor any delay on the part of a Party to exercise any right, remedy, power or privilege under this Terms of Service shall operate as a waiver thereof.

FORCE MAJEURE

In the event  Moby Money is prevented by any cause beyond its control (including but not limited to acts of God, war, fire, embargo, riot or disorder, major disruptions to the telecommunications and other networks upon which MOBYPAY are reliant, suspension by Government Authority, the spread of global pandemic or any other event constituting a Force Majeure) from performing its obligations hereunder, Moby Money shall not be under any liability for any loss and/or damages suffered by you as a result of the consequence of the non-performance of the obligations herein.

The performance of any obligation suspended while Force Majeure is operative shall be resumed as soon as such Force Majeure event ceases. Any loss, damage and/or delays in, or failure of performance by Moby Money shall not constitute default hereunder or give rise to any claims for damages or loss of anticipated profits, if and to the extent that such loss, damage, delay and/or failure is caused by Force Majeure.

In the event that Force Majeure circumstances occur which substantially affect the performance of this Terms of Service and such circumstances have continued for a period of fourteen (14) days from the date of notice served, Moby Money reserves all rights to terminate this Terms of Service at any time by giving written notice to you.

NOTICES

You agree to receive all communications from Moby Money in electronic form. Communications will be posted on the said Platforms (where permitted under this Terms of Service) and/or sent to your email address. In addition to the above, you agree to receive all communications from Moby Money via other electronic methods of communication, including but not limited to text messages using the contact details listed in your Account.

Save as otherwise explicitly stated, any notices to Moby Money shall be given by mail or electronic mail to the address or email address provided herein:

Address: Suite 6.08, Penthouse, Wisma Academy, No 4A, Jalan 19/1, 46300, Petaling Jaya 4-A, Jalan 19/1, Seksyen 14, 46300, Selangor, Malaysia

Email: customercare@mobypay.my

In computing the period of time under this Terms of Service, any notice or report given in accordance with this clause shall be deemed delivered on the date of actual delivery; unless such notice or report is given or due on a Saturday, Sunday or public holiday, in which event it shall be deemed given or due on the next business day.

Moby Money shall further be authorised to use the contact details that you have provided to:

  • contact you on an ongoing basis for marketing purposes whether by email, SMS, phone or otherwise (unless you have notified Moby Money that you do not wish to receive such communication); or
  • contact you in relation to your Account and/or MOBYPAY; or
  • monitor or record telephone conversations or electronic communication for quality control and training purposes or for protection of Moby Money. There is no guarantee that any such monitoring or recording shall be retained or retrievable.

SYSTEM OUTAGES

Access to the said Platforms or MOBYPAY may occasionally be unavailable or limited due to hardware or software failure or defects, overloading of system capacity, damage from natural events or disasters or disruptive human activity, interruption of power systems, labour shortages or stoppages, legal or regulatory restrictions as well as other causes outside of our control.

To the extent permitted by law and in accordance with the provisions of this Terms of Service, Moby Money shall not be liable for any loss and/or damage which you may incur as a result of unavailability of the said Platforms or MOBYPAY.

DATA PROTECTION

By agreeing to use the Platforms and using our Services, we are required to collect, use disclose and process your personal information to provide the Services to you. Moby Money’s Privacy Policy found on the Platforms is incorporated herein by reference and is binding on you.

 Even after the termination of this Terms of Service, we reserve the right to retain some of your personal information for a period not exceeding six (6) years from the date the last information is being recorded for the following reasons:

(a) As part of audit trails and record keeping to assist with audits;

(b) prevention of fraud and other risks;

(c) to assist with investigation and enforcement of law;

(d) for Moby Money enforcement of its rights under the Terms of Use or for any other actions as required or permitted by law.

GOVERNING LAW / JURISDICTION

This Terms of Service shall in all respect, including all matters of construction, validity and performance be governed by, construed and enforced exclusively in accordance with the laws of Malaysia. Subject to provision under Dispute Resolution Clause below. The Parties hereby submit to the exclusive jurisdiction of the courts in Malaysia.

DISPUTE RESOLUTION

Any dispute, controversy or claim between the Parties in connection with or arising out of the Terms of Service shall be resolved by means of the following procedure:

(a)      the dispute shall initially be referred to the Parties’ respective representatives who shall discuss the matter in dispute and use reasonable efforts to reach an Terms of Service within thirty (30) days;

b)       In the absence of Terms of Service being reached on a particular dispute in accordance with subclause (a) above the Parties shall settle the dispute in accordance with the arbitration rules of the Asian International Arbitration (“AIAC”) in force as at the date of this Terms of Service (the “Rules”), which Rules are deemed to be incorporated by reference into this Terms of Service.

c)       Where arbitration proceedings commence in accordance with subclause (b) above, the appointing authority shall be the AIAC which shall also administer any arbitration commenced under this Terms of Service, such administration also to be in accordance with the Rules. The number of arbitrators shall be three; the seat of arbitration shall be at Kuala Lumpur, the Parties may agree for the hearing to take place at any convenient location. The language to be used in the arbitral proceedings shall be English. The decision of the arbitrators shall be final and binding upon both Parties and, where arbitration has been commenced or completed; neither Party shall seek recourse to a law court or other authority to appeal for revisions of the decision.

LIMITATION OF LIABILITY

Notwithstanding anything else to the contrary, Moby Money’s liability under this Terms of Service no matter how arising, and whether in contract, tort (including but not limited to negligence), or otherwise, shall not exceed  the lesser of total value of Deferred Payables in dispute or the amount of Ringgit Malaysia or RM 1,200 whichever is lesser . This limitation of Moby Money’s liability and indemnity from you shall apply irrespective of cause and notwithstanding the negligence or breach of duty (whether statutory or otherwise) of Moby Money or of any other entity or party.

Neither Party shall be liable to the other for any consequential losses including but not limited to loss of revenue, loss of profit, and any other indirect losses and whether or not foreseeable  under this Terms of Service.

To the extent permitted by law, a Party’s liability to the other Party under or in connection with this Terms of Service (if any) is reduced to the extent, in which the other Party’s acts or omissions cause or contribute to its own loss and/or damage.

The Parties hereby endeavour to take all reasonable steps to mitigate any loss and/or damage incurred by the Parties under this Terms of Service.

INDEMNITY

You agree to fully indemnify, protect, defend and  hold harmless, at your own expense, Moby Money, employees, directors, sponsors, agents, shareholders and representatives, any third party providing services for and on behalf of Moby Money from and against any Claims arising out of, involving or in connection with your acts or omissions, in the performance of this Terms of Service.

You hereby release and discharge Moby Money, its employees, directors, sponsors, agents and representatives from and against, any and all Claims and any consequential losses under any applicable laws you may have suffered or incurred arising out of or resulting from your use of the Platforms or MOBYPAY.

SEVERABILITY

In the event that any provision of this Terms of Service, or a portion thereof, shall for any reason be held invalid, illegal or unenforceable to any extent, the Parties shall negotiate in good faith, amendments to this Terms of Service to reflect as closely as possible the original intent of the Parties. Such invalid provision or portion thereof shall be severed from the remaining provisions, in which shall continue to be unimpaired, valid and enforceable to the fullest extent permitted by law.

ENTIRE TERMS OF SERVICE

This Terms of Service together with the Payment Schedule annexed herein, including all documents and/or other material(s) incorporated by reference herein shall constitute and contain the complete, final and exclusive understanding and Terms of Service between the Parties with respect to the subject matter hereof and shall supersede any prior or contemporaneous oral or written Terms of Service, representations, understandings and/or communications. You hereby acknowledge and agree that Moby Money has not made any representations, warranties and/or Terms of Service of any kind, save and except as expressly set forth herein.

TIME

Time whenever and wherever mentioned shall be of the essence of this Terms of Service.

SUCCESSOR BOUND

This Terms of Service shall be binding on the successors in title of Moby Money Sdn Bhd hereto and their permitted assigns.