1. Incorporation of Policies into Terms and Conditions

The following policies are deemed to be incorporated into these Terms and Conditions by reference and provide additional terms and conditions related to specific MyPOSPay services, also referred as Services, we offer:

Each of these policies and these Terms and Conditions may be changed from time to time and are effective immediately after we post the changes on our Services. In addition, when using particular Services, you agree that you are subject to any policies or rules which are posted in conjunction with those Services.

2. Acceptance of Terms and Conditions

These Terms and Conditions sets out the entire agreement between you and ATX Distribution Sdn. Bhd and applies to your use of the MyPOSPay Services and any related products and services available through MyPOSPay app (collectively the Services).

Please note that by using the Services, you are deemed to have read and signified your agreement to be bound by these Terms and Conditions, as may be updated and varied from time to time at our sole discretion.

In addition, when you use any service on our mobile application, current or future, you will also be subject to such further terms and conditions, policies and guidelines applicable to that specific service. All such further terms and conditions, policies and guidelines, will be deemed to be incorporated in these Terms and Conditions.

If you do not agree to be bound by the terms and conditions of these Terms and Conditions, you are not eligible to use or access our Services.

You must read, agree with, and accept all of the terms and conditions contained in these Terms and Conditions and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of MyPOSPay.

For additional information about the Services and how it works, please consult ATX Distribution Sdn. Bhd.

We may amend these Terms and Conditions at any time by posting the amended terms on our site.

In these Terms and Conditions, ‘you’ or ‘your’ means any person or entity using the Services (Users). Unless otherwise stated, MyPOSPay, ‘we’ or ‘our’ will refer collectively to ATX Distribution Sdn. Bhd and/or its affiliates.

3. Eligibility

To use the Services, you must register for a MyPOSPay account. Our Services are only available to businesses only that can form legally-binding contracts under applicable law. Without limiting the foregoing, our Services are not available to individuals under the age of 18, persons who are suspended from our Services, or to persons who we, at our sole discretion, view as presenting an unacceptable level of risk to our Services.

4. The Legal Relationship between You and MyPOSPay

4.1 MyPOSPay is a reloads and bill payment collection Service Provider. MyPOSPay acts as an digital wallet service provider by creating, hosting, maintaining and providing our Services to you via the Internet.

4.2 MyPOSPay acts as a facilitator to help you make payments to third parties Service Providers. We act based upon direction and requests received through your MyPOSPay account to use our Services that require us to deduct your MyPOSPay Digital Wallet balance to make payments to the respective Service Providers. You agree that you will not receive interest or other earnings on the funds that MyPOSPay handles.

5. Maintenance and Use of Your MyPOSPay Account

5.1 Debiting Your MyPOSPay Digital Wallet

Your MyPOSPay Digital Wallet can be debited via in-app online payment, or offline payment to bank accounts which are CIMB Bank 8007-402-532 and MAYBANK 5123-3431-6176. You must debit your account with RM 150 minimum for in-app online payment, and RM 50 minimum for offline payment to MyPOSPay bank accounts at any time, which is your sole discretion. Offline payment will be processed within 2 hours during bank working days and hours.

5.2 Transactions from your MyPOSPay Digital Wallet

Before you can make transactions through your MyPOSPay Digital Wallet, we require you to provide MyPOSPay with a number of forms of identification as further described and protected in our Privacy Policy. We require this information to authenticate your identity and to determine how much you may withdraw from your account per month.

You can only make bill payments limited to amount RM 10 to RM 1,000 per transaction through your MyPOSPay Digital Wallet. For other service, you can make payments up to the amount of funds you have in your MyPOSPay Digital Wallet.

5.3 Refused Payments

When you send a payment to a third party Service Provider through our Services, the service provider is not bound to accept the payment, even if the service provider is already registered with MyPOSPay. The service provider may return payments or, in some cases, to use the MyPOSPay system to refuse payments that you have sent.

6. Discrepancy and Errors

Any claims of discrepancy or errors must be notified to MyPOSPay via email or call centre within Seven (7) working days, failing which MyPOSPay will not be liable for any further disputes and claims.

7. Your MyPOSPay Account Password and Security

You are solely responsible for maintaining the confidentiality of your login name, account and password and for restricting access to your computer to prevent unauthorized access to your MyPOSPay account. You agree to accept responsibility for all activities that occur under your MyPOSPay account or password, whether or not authorized by you. You should take all necessary steps to ensure that:-

• You exit from your MyPOSPay account at the end of each session;
• Your password is kept confidential and secured. Please inform us immediately if your password has been compromised, or is being used, or is likely to be used in an unauthorised manner by others.
• MyPOSPay reserves the right to refuse transaction instructions and terminate accounts, at its own discretion.

8. Accuracy of registration data

Please ensure that the details you provide upon registration and opening of your MyPOSPay account are accurate and complete. Please inform MyPOSPay immediately of any changes or alterations required to the information that you had provided upon registering. You can access and update much of the information you had provided us.

9. MyPOSPay Privacy Policy

Please peruse our ATX Distribution Sdn. Bhd Private Policy which further regulates your use of MyPOSPay.

10. Access to MyPOSPay App and Website:

We will provide reasonable endeavours to ensure the availability of the app and website and the transmissions will be error-free. However, you must comprehend the fact that due to the disposition of the Internet, there shall be no guarantee of un-interruption. Further, your access to the app and website may also be interrupted to allow for repairs, maintenance or the introduction of new facilities or services.

We, ATX Distribution Sdn. Bhd’s subsidiaries, employees and our suppliers provide the services as is and without any warranty or condition, expressly and/or impliedly.

MyPOSPay shall make all reasonable efforts to ensure that requests for electronic debits from bank accounts are processed in a timely manner, but we make no representations or warranties in respect of the time needed to complete processing due to the fact that our Services is largely dependent upon factors which are or may be outside our control such as delays in the banking system and so forth, as well as the Internet services.

11. Licence for MyPOSPay App and Website Access

MyPOSPay grants you a limited licence to access and make use of the app and website. This restricted licence does not include:

• Re-sale or commercial use of this MyPOSPay app and website or its contents, including any collection and use of any product listings, descriptions, or prices or any derivative use of this website or its contents;
• Downloading or copying of account information for the benefit of another app, website or Seller;
• Use of data mining, robots, or similar data gathering and extraction tools;
• Reproduction, duplication, copying, selling, reselling, visiting, or otherwise exploitation for any commercial purpose, of this app and website or any portion of this app and website;
• Downloading (other than page caching) or modifying of the app and website, or any portion of it, for any reason whatsoever;
• Use of MyPOSPay or its affiliates names, trademarks, logos or any proprietary information, in any manner.
• Breach of any of these provisions and unauthorised use of the app and website automatically terminates the consent or license granted by MyPOSPay.

12. Your Conduct

MyPOSPay does not allow its Services to be used for illegal activities. MyPOSPay has the right to take preventative or corrective actions to protect itself and its users.

You must not use the website or your MyPOSPay account in any way that causes, or is likely to cause, the app and website, the MyPOSPay accounts or access to it to be interrupted, damaged or impaired in any way and you are required to use the app and website lawfully and in compliance with the legal requirements.

You are required to understand and acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (content), whether publicly posted or privately transmitted via the app and website, are the sole responsibility of the person from whom such content originates. This means that you, and not MyPOSPay, are responsible for all contents that you upload, post, email or otherwise transmit via the app and website. MyPOSPay cannot and does not control or monitor the content you post and, as such, cannot and does not guarantee the accuracy, integrity or quality of such content and therefore is not liable for such errors, information or omissions. You are required to understand and acknowledge that by using the app and website, you may be exposed to contents that may be offensive, indecent or objectionable. Under no circumstances MyPOSPay shall be liable in any way for any content, including, any exposure to offensive, indecent or objectionable content, any errors or omissions in any contents, or for any loss or damage of any kind of information as a result of such use of any contents posted, emailed or otherwise transmitted via the app and website by its users.

You are prohibited from using the Services or our app and website in respect of the following:

• For fraudulent purposes, or with an intention to commit criminal offence or other unlawful, indecent or immoral activity; To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or use it to breach copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or use it in an objectionable manner or likely to cause or stir racial or religious disharmony; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam,
• To cause annoyance, inconvenience or needless anxiety or be a nuisance.
• To programme, send, use or reuse any data that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;
• Do anything that creates liability for us or cause MyPOSPay to lose (in whole or in part) the services of our ISPs or other suppliers.
• If you use, or attempt to use, the Services for purposes other than making payments and managing your MyPOSPay account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services, your MyPOSPay account will be automatically terminated and you will be liable to claim of damages and/or may be penalised for, including criminal prosecution where applicable.

13. Reviews, Comments, Communications and Other Content

Users of MyPOSPay app and website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is legal and not obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, and does not consist of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. We reserve the right (but do not assume the obligation) to remove or edit any content.

You shall represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to MyPOSPay:

• That the content and material is accurate;
• That the use of the content and material you supply does not breach any applicable MyPOSPay policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).

By submitting any communication, content or material to any chat or forum services, if any, or to MyPOSPay for posting as a book review, you automatically warrant that you or the owner of such communication, content or material has expressly granted MyPOSPay the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the said communication content or material in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such communication content or material. You also permit any other user to access, store, or reproduce such communication, content or material for that users personal use. Subject to this grant, the owner of such communication, content or material placed on MyPOSPay app and website and services retains any and all rights, which may exist.

Some parts of the app and website may contain advertising or other material submitted to MyPOSPay by third parties. Advertisers are responsible for ensuring that material submitted for inclusion on the web site complies with international and national law. MyPOSPay WILL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION OR INACCURACY IN ADVERTISING MATERIAL. MyPOSPay does not intend links or advertising material to be referrals or endorsements of the linked entities and the links are provided for convenience.

14. Indemnity

You agree to indemnify and hold MyPOSPay, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including all legal fees (on a solicitor client basis), made by any third party due to or arising out of content you submit, post to, transmit or make available through the app and website, your use of the app and website, your connection to the app and website, your violation of the Terms and Conditions, your violation of any rights of any other person, or your breach of any applicable law.

15. Links

The app and website may provide, or third parties may provide, links to internet banking sites, other sites or resources. You acknowledge and agree that MyPOSPay has no control over such sites and resources, and that app and website is therefore not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MyPOSPay shall not be responsible or liable in any way for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

16. Copyright, Trade Mark and other Intellectual Property Rights

You acknowledge that all original content on the app and website such as text, graphics, logos, images, audio and video clips and software is protected by copyright, trade mark or other intellectual property right which is owned by MyPOSPay or its affiliates. In addition, the compilation (meaning the collection, selection, co-ordination and arrangement) and the enhancement or any content on MyPOSPay app, website and services is also protected by copyright or other intellectual property right owned by MyPOSPay or its content suppliers.

All trademarks appearing on the app and website are the property of MyPOSPay or the respective owners. All rights are reserved.

You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the app and website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MyPOSPay or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the website, or the content (excluding content owned by you), in whole or in part.

17. Disclaimer of Warranties and Representations

This app and website is provided by MyPOSPay on available basis.

MyPOSPay makes no representations or warranties of any kind, express or implied, as to the operation of this app and website and its payment system.

To the full extent permissible by applicable laws, MyPOSPay disclaims all warranties, express or implied, including, but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose and non-infringement;
• Warranty that the contents of the app and website are free from infection of viruses or anything else, which has contaminating or destructive properties;
• Warranty that the app and website or the Services will meet your requirements or that the access to the websites or the Services will be uninterrupted, timely, secure, or error-free;
• That the quality of any products, Services, information, or other material purchased or obtained by you through the website will meet your expectations, and that any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for and damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from MyPOSPay or through or from the app and website shall create any warranty (save for any fraudulent misrepresentation by MyPOSPay) as to the operation of the app and website or the information, content, materials, or products included on this site.

18. Limitation of liability

MyPOSPay shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, revenue, opportunity, business, goodwill, use, data or other intangible losses (even if MyPOSPay has been advised or was aware of the possibility of such dames), resulting from:

• The use or the inability to use the app and website or services via the app and website;
• Statements or conduct of any third party on the service;
• Unauthorized access to or alteration of your transmissions or data;
• The cost remedying or procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the app and website or services offered via the app and website; or
• Any other matter relating to the website or the goods, services and information may available via the website. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the app and website or the terms and conditions must be filed within one (1) Year from the date such claim or cause of action arose or be forever barred.

MyPOSPay does not limit in any way its liability by law for death or personal injury arising from negligence or breach of duty.

19. Remedies and MyPOSPay Right of collection

Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronic, immediately warn our community of your actions, place a hold on funds in your MyPOSPay Digital Wallet, limit funding sources and payments, limit access to a MyPOSPay account and any or all of the accounts functions (including but not limited to the ability to send money or making withdrawals from MyPOSPay account), limit withdrawals, indefinitely suspend or close your MyPOSPay account and refuse to provide our Services to you if:

• You breach these Terms and Conditions or the documents it incorporates by reference;
• We are unable to verify or authenticate any information you provide to us;
• We believe that your MyPOSPay account or activities pose a significant credit or fraud risk to us;
• We believe that your actions may cause financial loss or legal liability for you, our users or us; or
• Your use of your MyPOSPay account is deemed by MyPOSPay, to constitute abuse of the system or a violation of MyPOSPay‘s rules. MyPOSPay reserves the right to hold funds beyond the normal distribution periods for transactions it considers suspicious or for MyPOSPay accounts conducting high transaction volumes to ensure integrity of the funds. If we close your MyPOSPay account, we will provide you notice and refund you all of the unrestricted funds held in your MyPOSPay Digital Wallet.

Additionally, to secure your performance of these Terms and Conditions, you grant to MyPOSPay a lien on and security interest in your MyPOSPay account. In addition, you acknowledge that MyPOSPay may set off against any accounts you own for any obligation you owe MyPOSPay at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. MyPOSPay may consider these Terms and Conditions as your consent to MyPOSPay asserting its security interest or exercising its right of set-off should any law require your consent. The rights described in this section are in addition to, and apart from, any other rights.

20. Legal Disputes

If a dispute arises between you and MyPOSPay, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and MyPOSPay agree that any controversy or claim at law or equity that arises out of these Terms and Conditions or services shall be resolved by mediation by a mediator mutually agreed upon in writing by you and MyPOSPay, and failing resolution by mediation, by litigation. Before resorting to either of these alternatives, MyPOSPay strongly encourages users to first contact MyPOSPay directly to seek a resolution.

21. Electronic Communications

When you visit MyPOSPay or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the app and website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

22. Alteration of Service or Amendments to the Conditions and Severability

We reserve the right to make changes to our app and website, policies, and these Terms and Conditions at any time. You will be subject to the policies and Terms and Conditions in force at the time that you use the app and website or that you order merchandise from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).

If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. The parties nevertheless agree that the court should endeavour to give effect to the party’s intentions as reflected in the provision and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable.

23. Events Beyond Our Reasonable Control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our control.

24. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

25. Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of Malaysia. You agree, as we do, to submit to the non-exclusive jurisdiction of the Malaysian courts.

26. Our details

MyPOSPay is the trading name for ATX Distribution Sdn. Bhd., registration number 1104373-X.