MoneyMatch Transfer Platform

Terms and Conditions

  1. INTERPRETATION
    1. In these Terms and Conditions, unless the context requires otherwise, the following words and expressions shall have the following meanings:
    2. "Business Day"
      means any day (other than a Saturday, Sunday and Public Holiday in Kuala Lumpur) on which banks are open for general business in Kuala Lumpur;
      "Confidential Information"
      means all information (not available to the public) in whatever form, including but not limited to visual, oral or electronic form, relating to MM, the MMT Platform and/or the Users of the MMT Platform, which is obtained, provided or disclosed through MM, these Terms and Conditions and/or the MMT Platform to the Users;
      "Content"
      means all contents available on the MMT Platform, whether created by MM and/or the User, including organisation, layouts, user interface, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials;
      "E-KYC"
      means the act of performing a video call via the MMT Platform at a predetermined time with the purpose of obtaining more in depth knowledge regarding the user;
      "Exchange Rate"
      means the exchange rate for the respective currencies against the MYR, as determined by MM and made available on the MMT Platform;
      "Intellectual Property"
      means patents, trademarks and service marks, rights in designs, trade or business names and copyrights (whether or not any of these is registered and including pending applications for registration of any such thing) and rights under licences and consents in relation to any such thing and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world;
      "Matching"
      means the matching of a User with a desire to route a desired currency with the same User or another User with a corresponding desire on the MMT Platform;
      "MM"
      Means MoneyMatch Sdn Bhd (Company No. 1133611-P), a company incorporated in Malaysia under the Companies Act 1965 and having its office address at Unit 1302, Level 13, Uptown 1, Damansara Uptown, 1 Jalan SS21/58, Petaling Jaya, 47400 Selangor, Malaysia, and is the operator of the MMT Platform, and includes (if any) its head office, representative and branch offices, any related company or associated company, in any jurisdiction;
      "MMT Platform"
      means MoneyMatch Transfer, the web-based communication platform at http://transfer.moneymatch.co and its related “MoneyMatch” mobile applications, related databases and supporting software operated by MM to which the Users are entitled to gain access, but excluding equipment, software and telecommunication configurations or links belonging to MM, the Users or any third party;
      "MYR"
      means Malaysian Ringgit, the lawful currency of Malaysia;
      "Parties"
      means MM and the User, and “Party” means any one of them;
      "SGD"
      means Singapore Dollars, the lawful currency of Singapore;
      "User"
      means any person who is a registered user of the MMT Platform, whether active, semi-active or inactive user, and “Users” means any two or more of them.
    3. References to statutory provisions shall be construed as references to those provisions as amended or re-enacted or as their application is modified by other provisions (whether before, on or after the date hereof) from time to time and shall include any provisions of which there are re-enactments (whether with or without modification).
    4. References herein to Clauses and Schedules are to clauses in and schedules to these Terms and Conditions unless the context requires otherwise and the Schedules to these Terms and Conditions shall be deemed to form part of these Terms and Conditions.
    5. The expressions "MM" and "User" shall, where the context permits, include their respective successors, personal representatives and permitted assigns.
    6. Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing a gender include every gender.
    7. Where a word or phrase is given a defined meaning in these Terms and Conditions any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning.
    8. Any reference to “these Terms and Conditions” is a reference to these MMT Platform Terms and Conditions (including the schedules) and any written amendments, supplementals or novations of these Terms and Conditions from time to time, and includes a reference to any document which amends, waives, is supplemental to or novates the terms of these Terms and Conditions
    9. Any reference to “writing”, or cognate expressions, includes any communication effected via the MMT Platform, electronic mail, telex, cable, facsimile transmission or other comparable means but shall not include short messaging services, instant messaging services or internet chat.
    10. Any reference to a “day”, “week”, “month” or “year” is to that day, week, month or year in accordance with the Gregorian calendar.
    11. If any period of time is specified from a given day, or the day of a given act or event, it is to be calculated exclusive of that day and if any period of time falls on a day which is not a Business Day, then that period is to be deemed to only expire on the next Business Day.
    12. Any discount or fee under these Terms and Conditions shall accrue daily, calculated according to the number of days elapsed and a year of 365 days. Any reference to a ‘month’ shall be taken to refer to a calendar month. For the avoidance of doubt, any payment from MM to the Users under these Terms and Conditions shall be without any interest.
    13. All transactions and payments must be completed and cleared or received during the normal business hours of MM (09.00 to 17.00 local time in Kuala Lumpur) on a Business Day. Where a transaction is confirmed through the MMT Platform after the close of business hours on one Business Day, then that transaction will be confirmed and deemed to have become final and binding at the opening of business hours on the next Business Day.
  2. SIGN-UP TO THE MMT PLATFORM
    1. The Users shall sign-up to the MMT Platform by providing the information and documents requested on the sign-up page as well as performing the E-KYC process before they are allowed to use and/or access to the features provided by MMT Platform. MM reserves the right at its sole discretion, at any time, to prevent, stop, withdraw and/or reject the sign-up application of any Users without assigning any reason whatsoever
    2. Upon signing-up to the MMT Platform, MM grants the User a non-exclusive, non-transferable and revocable permission under these Terms and Conditions to use, access and communicate through the MMT Platform for the purposes contemplated by these Terms and Conditions and for no other purposes. MM reserves the right at its sole discretion, at any time, to prevent, stop and/or disallow, by any means, any User to continue using the MMT Platform without assigning any reason whatsoever, and/or to revoke the registration status and deactivate the account of the User from the MMT Platform.
    3. Each User shall have his own username and password to log into the MMT Platform, and the User shall be responsible for safeguarding his username and password, and other security processes and devices that may be provided by MM. Each User hereby represents, covenants and undertakes to ensure that only the User shall have access to the MMT Platform by using the User’s login details, and any login to the MMT Platform by using the User’s login details shall be deemed to have been made by the User.
    4. The User shall not misuse his login details and the MMT Platform to the detriment of MM and MMT Platform.
    5. Each User undertakes, covenants and agrees to perform, execute and carry out the following:
      1. to comply with these Terms and Conditions, and other rules, regulations and policies as may be formulated by MM from time to time with respect to the MMT Platform;
      2. to perform all acts necessary for the discharge of his obligations under these Terms and Conditions;
      3. to keep the Confidential Information secret and confidential and shall not use, divulge or communicate to any person (save as may be required by law or any legal or regulatory authority) any Confidential Information, and shall use his reasonable endeavours to prevent the publication and/or disclosure of any Confidential Information, and shall only use the Confidential Information for the purposes of proposing, considering or making transactions through the MMT Platform, and this obligation shall subsist even after the User ceases to be a user of the MMT Platform;
      4. so long as he is a User of the MMT Platform and for 36 months from the date he ceases to be a User, the User shall not and shall procure that its affiliates shall not privately contact or communicate outside the MMT Platform, with any other User and/or any third party introduced via the MMT Platform, with respect to the activities on the MMT Platform with a view to arrange a transaction outside the MMT Platform;
      5. so long as he is a User of the MMT Platform and for 36 months from the date he ceases to be a User, the User shall not directly or indirectly, engage, be employed or be interested in any business which is similar to or competing with the business of MM, carry on for its own account either alone or in partnership or be concerned as a director in any company engaged or about to be engaged in any business which is similar to or competing with the business of the Company, and solicit any person, firm or company who is or has been a User of the MMT Platform; and
      6. so long as he is a User of the MMT Platform and for 36 months from the date he ceases to be a User, the User shall not and shall procure that its affiliates shall not (whether alone or jointly with another and whether directly or indirectly), solicit or contact with a view to the engagement or employment by any person, any employee, officer or manager of MM or any person who has been an employee, officer or manager of MM within the previous 12-month period.
    6. The User acknowledges the following:
      1. that the MMT Platform is a digital remittance platform that enables users to perform remittances with the possibility of Peer to Peer Matching of Foreign Currencies.
      2. that MM and the MMT Platform does not give warranty, either express or implied, in relation to any activities and/or outcomes on the MMT Platform and that the User’s request can or will be fulfilled;
      3. that MM and the MMT Platform does not give warranty, either express or implied, as to the functionality, operability, accessibility, accuracy, correctness, reliability, up-to-dateness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, of the MMT Platform;
      4. that it places and has placed no reliance whatsoever on any representations, agreements, statements or undertakings, whether oral or in writing, made or alleged to have been made by MM in relation to any Contents, activities and/or outcomes on the MMT Platform;
      5. that MM acts only on the instructions of the Users with respect to the activity of remittance and will facilitate the transactions for its Users at its own discretion.
      6. the User shall assume all responsibility for all transactions carried out by the User via the MMT Platform;
      7. the Users shall be responsible for placing and performing the transaction and that all transactions are final and irrevocable unless communicated otherwise by MM.
      8. that MM does not guarantee the success of any Matching on the MMT Platform;
      9. that MM provides the MMT Platform on as “as is” basis and makes no representation as to the quality, completeness or accuracy of any Content made available on the MMT Platform;
      10. that MM does not warrant the use and access to the MMT Platform will be uninterrupted, error free or free of computer viruses or computer bugs or other harmful or corrupting code, or that defects will be corrected, or that the download, installation or use of any software or content of the MMT Platform in or with any computer will not affect the functionality or performance of the computer;
      11. the User shall be responsible for obtaining and using the necessary software and/or equipment to obtain access to the MMT Platform at the User’s own risk and expense, and shall be responsible for the performance and security (including without limitation taking all necessary measures to the extent reasonable possible to prevent unauthorized use or access) of any software and/or equipment used by the User;
      12. the User shall assume the entire cost of all necessary servicing, repair or correction of any defect, problem or damage in his computer, and MM shall not be liable for the loss of any of the content in the User’s computer and/or equipment, or for the deletion or failure to store any content maintained or posted by or through the MMT Platform;
      13. that MM does not warrant the MMT Platform will be protected against any malicious attack and that the data will not be compromised under such attack;
      14. that the registration of any User on the MMT Platform is not a guarantee on the creditworthiness, genuineness and trustworthiness of the User; and
      15. that MM is a licensed entity by the regulatory authority in Malaysia which is Bank Negara Malaysia.
    7. By signing-up and/or logging into the MMT Platform, the User represents that he has read and understood these Terms and Conditions and agrees to be bound by these Terms and Conditions.
  3. MMT PLATFORM
    1. The MMT Platform is a web-based platform which enables Users to perform remittances online. The platform can potentially match users with opposite Foreign Exchange requirements to create cost savings.
    2. The User may, through the MMT Platform, route a currency to MMT Platform and send a desired currency through the MMT Platform, in accordance with these Terms and Conditions, by communicating his desire on the MMT Platform.
    3. MM shall be entitled at its sole discretion, to cancel, withdraw, restrict, suspend, vary or modify the use, features and/or facilities of the MMT Platform (whether in whole or in part).
    4. The Content and material available on the MMT Platform shall be for informational purposes only, and shall not be regarded as an offer, solicitation, invitation, advice and/or recommendation to buy, sell, subscribe for or dispose of any currencies, investments, securities, any other financial services or banking product.
    5. MM does not and shall not assume any advisory, fiduciary or similar or other duties or act as an investment adviser to the User. Nothing on the MMT Platform shall constitute or shall be construed to constitute investment, legal, tax or other advice.
  4. FUNDING SOURCE
    1. Where the funding source of the User is in Malaysia, the User of such funding source shall only route MYR thru the MMT Platform in accordance with the procedure set out in Clause 5, and receive the desired foreign currency permitted in the foreign jurisdiction. Routing of any currency other than MYR for Users based in Malaysia must be communicated to MM beforehand.
    2. Where the funding source of the User is in a jurisdiction outside Malaysia, the User of such funding source shall only route foreign currency permitted by such jurisdiction in accordance with the procedure set out in Clause 5, and receives MYR in Malaysia or foreign currency permitted in another foreign jurisdiction (as the case may be).
    3. The User shall post the amount of the currency that he desires to route or the currency he wishes to receive on the MMT Platform.
    4. There shall be no transaction where the User fails to find a competing Match.
  5. TRANSFER TO MM
    1. Users shall route the respective amount of currency to MM’s designated account once prompted by the MMT Platform. Users must endeavor to route the currencies as soon as possible to avoid cancellation of deals. Right of cancellation is at MM’s sole discretion.
    2. Unless otherwise agreed in writing between the Users and MM, MM shall release the currency to the respective User in a designated account of the User or his nominee within 1 Business Days to 30 Business Days upon receipt of the funds in Clause 5.1 from all the Users in a Match, in accordance with the instructions of the User on the MMT Platform.
    3. In the event any User shall fail, refuse and/or neglect to route the currency in accordance with Clause 5.1 upon successful Matching, MM reserves the right at its sole discretion:
      1. at any time, to prevent, stop and/or disallow, by any means, the User to continue using the MMT Platform;
      2. to increase the Exchange Rate applicable to the User;
      3. to decrease the credibility rating of the User on the MMT Platform; and/or
      4. to take any measures or actions as MM deems fit.
    4. MM reserves the right to cancel the transaction at any time and unless otherwise instructed by the User in writing, to refund any amount paid by the User within 30 Business Days from the expiry of the 1 Business Day referred to in Clause 5.1 where MM fails to obtain payment from another User in the same Match, or for any other reason whatsoever.
    5. In no event shall MM be liable to any User for any loss, damages, costs and expenses where another User fails, refuses and/or neglects to continue with the process upon successful Matching.
  6. RIGHTS AND POWERS OF MM
    1. The User hereby irrevocably authorizes MM to do the following:
      1. to conduct background checks on the User;
      2. to obtain and verify any information about the User as MM may in its sole and absolute discretion deem fit, including for the purpose of complying with any anti-money laundering laws, and the User shall immediately provide such information when requested by MM, and the User authorizes all sources to which MM may apply to obtain any information which MM may require; and
      3. disclose any information and/or data relating to the User and its account to any government or regulatory agency or authority, any credit bureau, any other third parties, service providers, agents or business partners, and any other person to whom disclosure is permitted and/or required by the law.
    2. MM shall have the right but not the obligation to appoint third parties to carry out the responsibilities and obligations, and/or to exercise the rights, of MM under these Terms and Conditions.
    3. MM reserves the right at its sole discretion to remove any Contents from the MMT Platform without assigning any reason thereof.
    4. MM reserves the right at its sole discretion to immediately suspend and/or terminate the use of the MMT Platform by any User without assigning any reason thereof, without warning and/or notice, and the User shall have no claims or actions of whatsoever nature against MM or its affiliates with respect to such suspension and/or termination.
    5. MM shall not be liable for acting in good faith upon any instructions and/or postings from the User. Such instructions and/or postings shall be deemed irrevocable and binding upon the User upon MM’s receipt notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in respect of such instructions and/or postings.
  7. REPRESENTATIONS AND WARRANTIES
    1. The User hereby represents and warrants as follows:
      1. the User is an individual of full age and sound mind and has voluntarily agree to be bound by these Terms and Conditions;
      2. any information and documents provided by the User on the MMT Platform are true, accurate, complete and not misleading;
      3. there is no action, suit or proceeding at law or in equity or before any court, tribunal, governmental body, agency or official (whether pending or threatened) that is likely to affect the legality, validity or enforceability of these Terms and Conditions, or affect the User’s ability to perform his obligations hereunder;
      4. the User shall be personally responsible for the use and access of the MMT Platform using the User’s account;
      5. the User shall use and access the MMT Platform at his own risk;
      6. the User shall use and access the MMT Platform in accordance with these Terms and Conditions and in accordance with any law for the time being in force in Malaysia, including but not limited to the Communications and Multimedia Act 1998, and shall not use the MMT Platform for any unlawful purpose;
      7. the User shall not use and/or access the MMT Platform for any unlawful purposes;
      8. the User shall be personally responsible for the Contents published on the MMT Platform using his account, and shall ensure that the Contents published on the MMT Platform by the User:
        1. is true, accurate and not misleading;
        2. shall not infringe the Intellectual Property rights of any person, and shall not infringe the privacy of any person;
        3. shall not cause any damage to any person, and shall not contain any defamatory remarks;
        4. shall not violate any law, rules, regulations, by-laws, guidelines, order of any authority;
        5. shall not contain any pornographic or obscene materials;
        6. shall not contain any computer viruses and/or computer programming routines that may damage, interfere with, intercept and/or expropriate any system or data;
      9. the User shall not adapt, modify, copy, translate, distribute, transmit, display, perform, reproduce, publish, license, transfer, download, post, create derivative works from, framing and using, any Contents belonging to MM or published by other Users on the MMT Platform;
      10. the User shall not transfer and/or sell any information, software, user list, database, texts, graphics, logos, photos, audio files, visual files and other information, data and document provided through or obtained from the MMT Platform to any person;
      11. the User shall not decompile, reverse engineer or otherwise attempt to discover the source code of the MMT Platform, and/or any Contents available on the MMT Platform;
      12. the User shall not, without written authorization from MM, access, hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper functioning of the MMT Platform, including but not limited to the following means: denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;
      13. the User shall not initiate any transaction or transact, transmit or receive payment transfers via the MMT Platform for or in connection with any criminal or illegal purpose or any purpose that may contravene any anti-money laundering laws.
    2. The User hereby assign absolutely to MM all title, benefits and interest relating to copyright on the Contents published on the MMT Platform by the User, including but not limited to texts, graphics, drawings, layouts and photographs.
  8. TRANSACTIONS
    1. Users must submit payment for their orders via the MM account. To initiate a payment order via MM, you will need to provide us with the following information:
      1. Your recipient’s bank account details;
      2. The full name of your recipient;
      3. Personal details of your recipient which includes nationality, gender, marital status, identification type, identification number, email, phone number, company name, occupation, and company type;
      4. Where available, your recipient's address;
      5. Where available, your recipient's work address;
      6. The Funds;
      7. Details of the payment method for funding your payment order; and
      8. If on a business account, proof of invoice.
    2. MM will only process orders once we have received the funds and fees. Funds must be sent to MM via online banking transactions for the time being. We will reserve the right to cancel orders at our own discretion should there be a delay in the receipt of the funds. All Funds should be sent as soon as the order has been processed.
    3. Upon receipt of funds, the User will be notified and the order will now be eligible for processing.
    4. Cancellations of orders can only happen if the order has not yet been matched or completed.
    5. To comply with regulations, MM will need to carry out verification checks as specified in section 2, and it is important to note that those verification may increase the time it takes to process the orders. MM is not responsible for any delays as a result of carrying out those checks. In certain cases, MM will need to request the User to provide extra supporting documents in order to complete the transaction.
    6. The User must make sure that the information provided to MM in the order is accurate. If MM has processed an order in accordance with the information provided, MM shall not be responsible for any mistakes made by the user in providing such information.

      Nevertheless, if the User has provided MM with incorrect information, MM will use reasonable effort to recover the Funds for the User and may pass on any extra charges to the User.
  9. EXCHANGE RATES
  10. MMT Platform offers two potential types of orders being Direct Transfer and Community Transfer. With a Direct Transfer, your Exchange Rate is guaranteed as the transaction is guaranteed to happen and will happen immediately. The Exchange Rate for a Direct Transfer is set by MM as a regulated entity under Bank Negara Malaysia.

    With a Community Transfer, the Exchange Rate is not guaranteed as a successful transaction is dependent upon whether there is an opposing match or not. The User will be required to select a “worst off rate” which is the worst rate at which the User is willing to perform this transaction at. Should a matching order emerge at or better than the User’s “worst off rate”, the transaction will be successful. The user gets to set the exchange rate and is in full control of the transaction.

  11. COOKIES
    1. The MMT Platform uses cookies. The User shall have cookies enabled on his computer in order for all functionality on the MMT Platform to function accordingly.
  12. LINKS TO THIRD PARTY WEBSITES
    1. The MMT Platform may contain links and/or references to other websites, and vice versa. MM shall not be responsible for the Contents available on the third party websites.
  13. FORCE MAJEURE
    1. MM shall not be liable to the other party and shall not be deemed to be in breach of these Terms and Conditions by reason of any delay in performing or failure to perform any of its obligations under these Terms and Conditions if the delay or failure was caused by an event of force majeure.
    2. Without prejudice to the generality of the foregoing provision, force majeure shall include but not limited to the following:
      1. act of God, including but not limited to fires, explosions, earthquakes, drought, tidal waves and floods, or accident;
      2. war, threat of war, act of terrorism or threat of terrorism, sabotage, insurrection, civil disturbance or requisition;
      3. restrictions imposed by any law, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority;
      4. interruption of traffic, strikes, lock-outs, or other industrial actions or trade disputes (whether involving the employees of MM or third party);
      5. breakdown of internet services for any reason whatsoever, save for the willful misconduct of MM;
      6. other unforeseeable circumstances beyond the control of the Party against which it would have been unreasonable for the affected Party to take precautions and which the affected Party cannot avoid even by using its best efforts.
    3. MM shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to an event of force majeure.
    4. Upon the occurrence of an event of force majeure, MM may at its options do any of the following:
      1. fully or partially suspend delivery and/or performance of its obligations under these Terms and Conditions when such event of force majeure continues; or
      2. terminate these Terms and Conditions with immediate effect by written notice to the User and MM shall not be liable for any loss, damage, penalty, demand, claim, fines, costs and expenses suffered or incurred by the User as a result thereof.
  14. PERSONAL DATA PROTECTION
    1. The User hereby agrees that MM may collect, store, process, disclose, access, review and/or use personal data about the User, whether obtained from the User or from other sources, in accordance with the Personal Data Protection Act 2010, and the Personal Data Protection Policy of MM made available on the MMT Platform.
  15. INDEMNITY
    1. The User shall, at all times, defend, indemnify and keep indemnified MM in full for all losses, costs, expenses, claims, demands, awards, fines, penalties, liabilities of whatsoever nature (whether present, future, contingent or otherwise and including legal fees on a full indemnity basis) and howsoever arising, which may be sustained, suffered or incurred by MM as a result of the following:
      1. any act or omission of the User, including the use of the MMT Platform;
      2. any breach, potential breach or threatened breach of the User’s obligations under these Terms and Conditions, or any statutory requirement, duty or law; and/or
      3. the User’s fraud, misconduct or misuse of any technology or any Intellectual Property rights under these Terms and Conditions.
    2. The User agrees and undertakes to pay on demand, any amounts owed pursuant to this Clause.
  16. LIABILITIES
    1. In no event shall MM, its officers and employees be liable to the User for any loss of business, profits, revenue or goodwill, and any indirect, consequential, special, exemplary or punitive losses or damages, whether arising from negligence, breach of contract or otherwise.
    2. The User agrees that MM shall not be liable for any loss, liability, damages, costs or expenses of any kind incurred by the User in connection with any unauthorized use of the MMT Platform, any use, delay or inability to use the MMT Platform, and/or the inability to obtain access to or to transact over the MMT Platform.
    3. MM shall in no manner be responsible for the conduct of any User and shall not be liable for any action or proceedings taken by any User against any other party, and vice versa.
    4. In the event MM is liable for damages, the User agrees that MM’s aggregate liabilities to the User for any and all damages, losses and causes of action in relation to, arising out of or in connection with these Terms and Conditions and/or the MMT Platform shall not exceed MYR500.
  17. RELATIONSHIP OF PARTIES
    1. Nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between the Parties. No Party has authority to enter into agreements of any kind on behalf of the other Party.
  18. REMEDIES
    1. No remedy conferred by any of the provisions of these Terms and Conditions is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the Parties shall not constitute a waiver by such Party of the right to pursue any other available remedies.
    2. No failure on the part of any Party to exercise and no delay on the part of any Party in exercising any right under these Terms and Conditions will operate as a release or waiver thereof, nor will any single or partial exercise of any right under these Terms and Conditions preclude any other or further exercise of it.
  19. VARIATIONS
    1. MM reserves the right to amend, vary and/or supplement these Terms and Conditions from time to time. The User shall be notified of any amendments of these Terms and Conditions via announcement on the MMT Platform.
    2. The User’s continued use of the MMT Platform on or after the date on which any amendments, variations and/or supplements come into effect shall be construed as the User’s agreement to be bound by the amended Terms and Conditions.
  20. NOTICES
    1. The communications between MM and the User and between the Users shall be made through the MMT Platform.
    2. In certain circumstances where MM considers that a termination event may have occurred, MM may give any notice required under these Terms and Conditions in writing and arrange for it to be mailed or personally delivered or faxed or emailed to the recipient at the current address held in MM’s record.
    3. All notices and communications are effective upon delivery.
  21. BINDING EFFECT
    1. These Terms and Conditions shall be binding upon the respective successors-in-title and permitted assigns of the Parties. The User shall not assign or transfer its rights, title, interests and benefits under these Terms and Conditions or any of its liabilities and obligations hereunder without the prior written consent of MM.
  22. INVALIDITY AND SEVERABILITY
    1. If any provision of these Terms and Conditions or part thereof is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:
      1. such provision or part thereof shall be read down or severed only to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
      2. the illegality, voidness, invalidity, prohibition or unenforceability of any provision or part thereof in any jurisdiction shall not affect the legality, validity or enforceability of any other provision or of that provision in any other jurisdiction, and the remaining provisions of these Terms and Conditions shall remain in full force and effect; and
      3. the Parties shall use their respective best endeavours to negotiate and agree on a substitute provision which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
  23. ENTIRE AGREEMENT
    1. The Parties hereby agree that the provisions contained in these Terms and Conditions shall constitute the entire agreement between the Parties in respect of the subject matter of these Terms and Conditions and supersede all previous memoranda, expectations, understandings, communications, representations and agreements whether oral or written between them in respect of the subject matter hereof.
  24. GOVERNING LAW AND ARBITRATION
    1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.
    2. In the event any dispute or difference shall arise amongst MM and the User as to the construction of these Terms and Conditions or as to any matter or thing of whatsoever nature arising thereunder or in connection therewith, including any question regarding its existence, validity or termination, such dispute or difference shall be submitted to a single arbitrator to be appointed by the Parties or, failing agreement within 14 days after either MM or the User has given to the other Party in dispute a written request to concur in the appointment of an arbitrator, a single arbitrator to be appointed by the Chairman for the time being of the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) and such submission shall be a submission to arbitration in accordance with the Rules of the KLRCA as presently in force by which the Parties in dispute agree to be so bound. The place of arbitration shall be Malaysia and the arbitration shall be conducted wholly in the English language.
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