Website Terms of Service
We (Nomu Pay Malaysia Sdn. Bhd. (herein “Nomupay” and formerly known as Wirecard Payment Solutions Malaysia Sdn. Bhd.)) operate the Nomupay payment gateway (the “Gateway”) to enable Merchant to receive payments through credit card, and convenient authorized “payment center services” (called “vendors” below). If you use the Gateway (or our related Website ‐ collectively, the “Content” or “Services”), then you agree to these terms, so please read all the material below carefully. If you don’t agree to the terms, then please don’t use the Gateway or Website. Some Content may have additional or different terms and conditions that supplement these terms.
This website is managed by Nomupay. By engaging services on this website, you are contracting with Nomu Pay Malaysia Sdn. Bhd. and its subsidiaries. Nomupay may update these terms from time to time, and the changes will be effective after posting at the Website or notice to you.
Continued use of the Gateway or Website indicates your re‐acceptance of the revised terms. The most recent revision date for these terms is identified above. These terms are intended to apply evenly across many places and customs to ensure fairness, uniformity and better service levels for all users of the Gateway. By using the Gateway or Website, you confirm that you have reviewed these terms with ample opportunity to get advice and to choose from other payment alternatives. Nomupay may reasonably rely on these understandings. In any event, Nomupay reserves the right to terminate your access to all or any portion of the Gateway and the Website at any time.
Charge Backs& Disputed Transactions
Nomupay shall not be responsible and liable to Merchant in the event a Customer disputes a Gateway Transaction. Nomupay shall provide assistance on information about the disputed transaction, but Nomupay shall not under any obligation or responsibility to investigate any disputes on the Gateway Transactions. The investigation on the Dispute or Charge Back Transaction shall be performed by Polis Diraja Malaysia, Cyber Crime Unit.
In the event of any Charge Back on Transactions, Nomupay will immediately be entitled to debit the Merchant account (if not already debited as a Disputed Transaction) and/or to recover from Merchant by other means the amount paid by Nomupay in respect of the relevant Transaction(s).
The CardIssuers decision shall be conclusive as to the determination of any Charge Back. Wherever possible (for example, if the Acquiring Bank provide Nomupay with written advise), notice to Merchant of a Charge Back will be accompanied by an explanation of the reason for it. In addition, upon prior notification from Nomupay, Nomupay may debit Merchant account, or otherwise, to recover any other costs and expenses. Nomupay may incur as a result of or in connection with a Charge Back. Where Nomupay is notified of any invalid or Disputed Transactions, Nomupay will notify Merchant of the same by email, fax or letter and wherever possible (for example, if the Acquiring Bank provides Nomupay with written advice) accompanied by an explanation of the reason for it.
Nomupay will classify the Transaction as disputed and debit it back to Merchant. Merchant agrees to investigate Disputed Transactions and take all reasonable steps to resolve disputes with Customers within fourteen (14) days and follow the procedures for handling Disputed Transactions and Charge Back which Nomupay advises from time to time. Nomupay has the right to suspend the processing of any Transaction or withhold Settlement to Merchant of the amount of that Transaction until the satisfactory completion of any investigation. In the event thatNomupay considers in good faith there is a possibility of Charge Back, Nomupay shall have the discretion to retain funds
(up to a maximum of 6 months) from any Settlement to cover the potential amount of such Charge Back and Merchant shall on request provide such additional funds within two (2) weeks from official request as Nomupay may specify in good faith to cover Charge Back and potential Charge Back. Certain of these matters are further detailed in the “Merchant Terms and Conditions” posted on our Website.
Further Undertakings Governing Use of the Website and Services:
(i) provide accurate and complete information to us. You will immediately provide up-to-date information of yourself to us upon any changes.
(ii) safeguard and maintain the security of your Unique Identifier, password and other details in relation to your account maintained with us (if applicable) (“Account”). You shall not disclose any details of your Account with third party and shall immediately change your password and inform us if your Account has been in any way compromised or you suspect any unauthorized access or use of your Account.
(iii) comply with these Terms and Conditions, and all applicable laws of Malaysia relating to use of this website and the Services therein.
(iv) use this website and the Services therein for valid and legal purposes only.
(v) review your transaction history regularly. The transaction history in your Account is final and conclusive.
(vi) use the Account exclusively for your own benefit.
(vii) authorize us to rely and act upon all communications and instructions given by you. Any instruction or communication sent from your Account shall be deemed to have been issued by you irrespective of whether such instructions, confirmations and/or communications were actually sent by you.
You shall not:
(i) fraudulently create an Account. If we discover that you are creating a fraud Account, we may immediately terminate the Account and report such fraudulent activity to the relevant authorities.
(ii) use this website and the Services therein to engage in money-laundering, terrorism financing, drug trafficking, wagering or other fraudulent, illegal or criminal activities.
(iii) use this website and the Services therein in any way which undermines or infringes on our rights or the rights of any third party
(iv) transfer or assign your Account to any third party. The Account is not a bank account or any form of term deposit. The Account cannot be pledged or used in any manner by you as any form of security instrument for any purpose whatsoever. No interest, dividends or other payments shall be accumulated or payable to you or other benefits held in your Account.
(v) hold us liable for any loss or damage arising from your failure to keep information relating to your Account safe and confidential.
(vi) do anything which disrupts, interferes or interrupts with the proper operation of the website Content and the Services therein.
(vii) attempt to defraud, infect or spam the system, manipulate the services or attempt to obtain any unlawful or fraudulent gains under the website and the Services therein or any offer made from time to time.
NO REFUND POLICY
Our Services have a strict no-refund policy. Please ensure the Services are right for you before purchasing. All purchases of the products and services pursuant to the Services are final, nonrefundable and non-returnable. We do not offer refunds or exchanges for incorrect purchases, including those that may be due to compatibility issues.
TERMINATION AND SUSPENSION
We reserve the right to terminate and/or suspend your access and use of the website and the Services therein at any time, for any reason.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all trademarks, copyrights, and other intellectual property rights relating to the website and the Services therein are owned by (or licensed to) us and shall remain the sole property of us (or its licensor, as the case may be). You shall not dispute the ownership of all trademarks, copyrights, and other intellectual property rights relating to the website and the Service therein. No part or parts of this website and the Services therein may be modified, copied, distributed, transmitted, broadcast, displayed, performed, reproduced, published, licensed, transferred, sold or commercially dealt with in any manner. Any such unauthorized modification, distribution, transmission or any other method of reproduction of any of the contents of our website and the Services therein may amount to infringement of our intellectual property rights. and we reserve our right to commence any legal action to safeguard our intellectual property rights. We disclaim all liability which may arise from any unauthorized reproduction or use of the contents of our website and the Services therein.
You agree and accept all the terms of our Privacy/Cookies Policy which are incorporated herein by reference and shall form an essential and integral part of these Terms and Conditions.
EXCLUSION OF LIABILITY
To the extent permitted by law, under no circumstances will Nomupay and its affiliates be liable under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, indirect, incidental, special, consequential, exemplary, incidental, or punitive damages, regardless of whether such damages were foreseeable or whether you have been advised of the possibility of such damages, arising in connection with your access or use or the inability to access or use this website (or any third party link to or from our website) and the Services therein, reliance on the information contained in the website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.
You agree to, at your sole cost and expense, indemnify, defend and hold harmless Nomupay and its affiliates against any and all cost, claims, suits, actions, demands, damages, liabilities, expenses (including reasonable fees and disbursements of counsel), judgments, settlements and penalties of every kind (collectively “Losses”) in connection with or arising from your use or misuse of this website and the Services herein; or your breach of these terms and conditions howsoever occasioned; or any intellectual property right or proprietary right infringement claim made by a third party against Nomupay and its affiliates in connection with your use of this website and the Services therein.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be interpreted, construed and enforced in all respects in accordance with the laws of Malaysia. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Malaysia, in connection with any action under these Terms and Conditions, or otherwise arising under or by reason of these Terms and Conditions.
QUERIES AND FEEDBACK
If you have any queries and/or feedback about these Terms and Conditions, please contact our customer care department in the following ways:
Email address: firstname.lastname@example.org
Postal address: 19-01, Level 19, Menara 2, Menara Kembar Bank Rakyat, No.33 Jalan Rakyat,
50470 Kuala Lumpur
Telephone number: +603 64195272
If any term of these Terms and Conditions is deemed unenforceable, the remaining terms will remain in full force and effect.
No failure or delay by us in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any other rights, power or privilege hereunder.
You shall not assign, delegate or transfer, in whole or in part, any of its rights and/or obligations under these Terms and Conditions to any third party.
We shall not be liable for any failure to perform its obligations herein caused by event which is outside our reasonable control (“Force Majeure Event”). Force Majeure Event includes an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, persons or bodies, or any competent authority, labor trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, or floods.