MoneyMatch Transfer Platform

Terms and Conditions

Transfers

APPLICATION
INTERPRETATION
SIGN-UP TO THE MONEYMATCH PLATFORM
MONEYMATCH PLATFORM
TRANSFER
FEES
RIGHTS AND POWERS OF MONEYMATCH
REPRESENTATIONS AND WARRANTIES
COOKIES
LINKS TO THIRD PARTY WEBSITES
FORCE MAJEURE
PERSONAL DATA PROTECTION
INDEMNITY
LIABILITIES
RELATIONSHIP OF PARTIES
REMEDIES
VARIATIONS
NOTICES
BINDING EFFECT
INVALIDITY AND SEVERABILITY
ENTIRE AGREEMENT
GOVERNING LAW AND ARBITRATION

Insurance

APPLICATION
THE SERVICE
USE OF SERVICES
MOBILE AND WEB PLATFORMS
THIRD PARTY PROVIDERS
REPRESENTATION AND WARRANTY
EXCLUSION AND LIMITATION OF LIABILITY
INDEMNITY
INTELLECTUAL PROPERTY
CONFIDENTIALITY
PERSONAL DATA PROTECTION
TERMINATION
REMEDIES AND WAIVER OF RIGHTS
NOTICES
GOVERNING LAW AND JURISDICTION
INTERPRETATION
GENERAL

Notice to Customer

(Remittance Service)

Customer Due Diligence (CDD) is a requirement under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA) and Money Services Business Act 2011 (MSBA). CDD shall be conducted on customer conducting any remittance transaction. Please produce your identification document before making any transaction.

Notis Kepada Pelanggan

(Perkhidmatan Pengiriman Wang)

Pelaksanaan Usaha Wajar Pelanggan (Customer Due Diligence atau CDD) adalah satu keperluan di bawah Akta Pencegahan Pengubahan Wang Haram, Pencegahan Pembiayaan Keganasan dan Hasil Daripada Aktiviti Haram 2001 (AMLA) dan Akta Perniagaan Perkhidmatan Wang 2011 (MSBA). Usaha Wajar Pelanggan akan dilaksanakan terhadap pelanggan yang melakukan transaksi pengiriman wang. Sila sediakan dokumen pengenalan anda sebelum menjalankan sebarang transaksi.

TRANSFERS

APPLICATION
1. By browsing, visiting, accessing, using or continuing to browse, visit, access or use the MM Platform, you (“User and/or Member”) shall be deemed to have read, understood and agreed to be bound by these Terms and Conditions, the Privacy Policy and other guidelines and policies relating to the MM Platform and policies relating to the MMT Platform (collectively known as “Agreement”).
2. The Agreement is a contract between the User and/or Member(s) and MoneyMatch Sdn Bhd (“MoneyMatch”) which defines the terms governing the User’s use of MoneyMatch’s services offered vide the MM Platform. page.
INTERPRETATION
1. In this Terms and Conditions, unless the context requires otherwise, the following words and expressions shall have the following meanings:
2. 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).
3. References herein to Clauses are to clauses in and schedules to these Terms and Conditions unless the context requires otherwise.
4. The expressions "MoneyMatch", “Member” and "User" shall, where the context permits, include their respective successors, personal representatives and permitted assigns.
5. Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing a gender include every gender.
6. 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.
7. Any reference to “these Terms and Conditions” is a reference to these MM Platform Terms and Conditions 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.
8. Any reference to “writing”, or cognate expressions, includes any communication effected via the MM Platform, electronic mail, telex, cable, facsimile transmission or other comparable means but shall not include short messaging services, instant messaging services or internet chat.
9. Any reference to a “day”, “week”, “month” or “year” is to that day, week, month or year in accordance with the Gregorian calendar.
10. 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.
11. Any payment from MoneyMatch to the Users under these Terms and Conditions shall be without any interest.
12. MoneyMatch shall only process all Orders submitted by the Members during the business hours (9.00 a.mm to 5.00 pm MYT) on Business Days. Orders made outside these hours shall only be processed by MoneyMatch the next Business Day.
Sign-up to the MoneyMatch Platform
1. The Users shall sign-up to the MM Platform by providing the information and documents requested on the sign-up page as well as performing the KYC process (as defined in Clause 3.3) before they are allowed to use and/or access to the features provided by MM Platform. MoneyMatch 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. MoneyMatch has separate application processes for Corporate and Individual Members and may request for different information and documents for each to assess the application.
3. As part of the signing-up process, MoneyMatch may in its sole discretion conduct “Know Your Customer” checks (“KYC Checks”) on the Users, whether through online or offline means by contacting the Users for a site visit (for corporate Users) or through MoneyMatch’s eKYC (electronic Know Your Customer) process conducted through the MoneyMatch application (for individual Users). The Users shall provide truthful, accurate and current answers to the queries posed by MoneyMatch during such KYC Checks and shall not provide any misleading information or conceal any information. MoneyMatch reserves the right to reject and/or suspend any applications submitted by the User and without prejudice to the generality of Clause 3.1, MoneyMatch reserves the right to reject the sign-up application of any Users after the KYC Checks.
4. Upon signing-up to the MM Platform, MoneyMatch grants the Member a non-exclusive, non-transferable and revocable permission under the Agreement to use, access and communicate through the MM Platform for the purposes contemplated by such Agreement and for no other purposes.
5. MoneyMatch reserves the right at its sole discretion, at any time, to prevent, stop and/or disallow, by any means, any User or Member to continue using the MM Platform without assigning any reason whatsoever.
6. MoneyMatch reserves the right at its sole discretion, at any time, by any means, to revoke the registration status and deactivate the account of the Member from the MM Platform.
7. Each Member shall have their own username and password to log into the MM Platform, and the Member shall be responsible for safeguarding their username and password, and other security processes that may be provided by MoneyMatch. Each Member hereby represents, covenants and undertakes to ensure that only the Member shall have access to the MM Platform by using the Member’s login details, and any login to the MM Platform by using the Member’s login details shall be deemed to have been made by the Member.
8. The Member shall not misuse their login details and the MM Platform to the detriment of MoneyMatch and MM Platform.
9. Each User undertakes, covenants and agrees to perform, execute and carry out the following:
  1. to comply with the Agreement, and other rules, regulations and policies as may be established by MoneyMatch from time to time in respect of the MM Platform;
  2. to perform all acts necessary for the discharge of their obligations under the Agreement;
  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 their 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 MM Platform, and this obligation shall subsist even after the Member ceases to be a member of the MM Platform;
  4. while being a Member, and for 36 months after ceasing to be one, the Member shall not arrange transactions outside the MM Platform by directly contacting other Members or third parties encountered through the MM Platform; and
  5. while being a Member, and for 36 months after ceasing to be one, the Member and its affiliates shall not solicit or contact any employee, officer or manager of MoneyMatch or anyone who has been in such position within the previous 12-month,for employment.
10. The Member acknowledges the following:
  1. that MoneyMatch does not guarantee that any request made by the Member on the MM Platform will be fulfilled, completed and/or successful;
  2. 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 MoneyMatch in relation to any contents, activities and/or outcomes on the MM Platform, unless such representations, agreements, statements or undertakings are expressly stated in the Agreement;
  3. that MoneyMatch shall only act on the instructions of the Member with respect to the activity of remittance and will facilitate the transactions for the Members at its own discretion.
  4. the Member shall assume all responsibility for all transactions carried out by the Member via the MM Platform;
  5. all transactions made by the Member on the MM Platform are final and irrevocable;
  6. that MoneyMatch makes no warranty as to the quality and completeness of any Content made available on the MM Platform;
  7. that MoneyMatch does not warrant that the use and access to the MM 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 MM Platform in or with any computer will not affect the functionality or performance of the computer and/or any device;
  8. the Member shall be responsible for obtaining and using the necessary software and/or equipment to obtain access to the MM Platform at the Member’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 device used by the Member;
  9. the Member shall assume the entire cost of all necessary servicing, repair or correction of any defect, problem or damage in their computer, and MoneyMatch shall not be liable for the loss of any of the content in the Member’s computer and/or device, or for the deletion or failure to store any content maintained or posted by or through the MM Platform;
  10. that MoneyMatch does not warrant the MM Platform will be protected against any malicious attack and that the data will not be compromised under such attack; and
  11. that the registration of any Member on the MM Platform is not a guarantee on the creditworthiness, genuineness and trustworthiness of the Member.
MM PLATFORM
1. The MM Platform is an online platform that offers remittance and cross-border payment services to the Members in accordance with the terms outlined under the Agreement. MoneyMatch hereby provides the MM Platform on as “as is” basis subject to the terms provided under the Agreement.
2. Individual Members may perform cross border remittances and Corporate Members may perform cross border payments via the MMT Platform to their Beneficiaries.
3. MoneyMatch shall be entitled at its sole discretion, whether in whole or in part, to cancel, withdraw, restrict, suspend, vary or modify the use, features and/or facilities of the MM Platform.
4. The Content and materials available on the MM 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. MoneyMatch does not and shall not assume any advisory, fiduciary or similar or other duties or act as an investment adviser to the Member. Nothing on the MM Platform shall constitute or shall be construed to constitute investment, legal, tax or other advice.
TRANSFER
1. Transfers on the MM Platform are subjected to the types of currencies offered by MoneyMatch as stated on the MM Platform
2. Transfers shall only be made to the Beneficiary Account in such Beneficiary Country subject to Clause 5.1.
3. Members shall key in the Transfer Amount in the relevant column on the MM Platform and the correspondent Net Payout Amount will appear on the MM Platform generated based on the Exchange Rate applicable in real time. Please note that the Exchange Rate may fluctuate throughout the day as determined by MoneyMatch in its sole discretion as it deems fit. The Net Payout Amount is dependent on the Exchange Rate when the Order is created.
4. The Member shall create the Order for the relevant Transfer by providing the information as per the mandatory fields required and documents requested on the MM Platform to facilitate the Transfers.
5. Upon creation of the Order, the Member shall pay the Transfer Amount to MoneyMatch within twenty-four (24) hours from the time the Order is created by way of telegraphic transfer or any such payment mode as may be authorized and/or accepted by MoneyMatch in writing, failing which the Order created shall automatically lapse and terminated.
6. MoneyMatch shall not be required to pay any Net Payout Amount to any Beneficiaries for lapsed and/or terminated Transfers unless the Transfer Amount has first been paid to MoneyMatch. Any charges relating to the payment of the Transfer Amount shall be solely borne by the Member.
7. Unless otherwise agreed in writing, MoneyMatch shall release the Net Payout Amount to the Beneficiary within 1 to 14 Business Days from the date the Order is created (“Transfer Period”).
8. A Transfer shall be deemed to be unsuccessful in the following circumstances:
  1. Transactions that are declined by the payment processor or banks; and/or
  2. Transactions that are rejected due to non-compliance and compliance reasons;
  Please be informed that the above circumstances are not exhaustive
9. In the event of unsuccessful Transfer to the Beneficiary Account, MoneyMatch shall notify the Member of the same and refund the Transfer Amount to the Member free of any interest less any bank charges or unfavourable exchange rate losses incurred by MoneyMatch.
10. Any refunds shall be refunded into the Member’s bank account to which the Transfer Amount originated from. Refunds processed may take up to 7 Business Days, from the date of cancellation request or upon the notification of the same by MoneyMatch to the Member, as the case may be.
11. Otherwise, all Orders that has been created and paid shall be deemed final to be processed by MoneyMatch. MoneyMatch has the sole discretion whether to accept or reject any cancellation of Orders placed within the MM Platform.
12. Members are subjected to the transaction limit prescribed on the MM Platform and shall not make any transfer beyond the prescribed transaction limit.
13. Members shall be in compliance with all compliance and regulatory requirements outlined by Bank Negara Malaysia and other applicable regulators, including but not limited to, the Foreign Exchange Administration Rules.
14. All Transfers shall be subject to MoneyMatch’s internal vigorous compliance checks relating to Anti-Money Laundering and Counter Terrorism Financing (“AML/CTF”) laws, regulations and legal frameworks. The Members hereby authorise MoneyMatch to conduct any form of investigation and/or compliance checks in line with its internal policy relating to any compliance matters.
15. For the avoidance of doubt, MoneyMatch is entitled to accept, reject, terminate, suspend and/or request further documents from the Members at any point in time whether due to compliance of the AML/CTF laws, regulations and legal frameworks or any other reason deemed reasonable by MoneyMatch.
16. MM shall not be held liable for any losses, damages, costs, expenses, fines, penalties, demands or claims suffered by the Member arising from any errors on the Order placed into MM Platform by the Members, unsuccessful Transfer as stipulated under Clause 5.9 or any matters relating to rejected, suspended, terminated and/or pending Transfers or Accounts by the Members occasioned from compliance matters.
17. The Members hereby agree that upon request from the relevant compliance staff of MoneyMatch and/or regulating authority, the Member shall cooperate in providing sufficient information and/or supporting documents relating to any investigations or checks for the purposes of compliance with AML/CTF policies, laws, regulations and regulatory framework.
REVERSALS
1. MoneyMatch shall be entitled to make Reversals in the following circumstances:
2. Upon receiving any Reversal request from MoneyMatch, the Member must, within 14 days, return all Reversible Amount received to MoneyMatch.
3. In a case where a request for Reversal is made to the Beneficiary, the Member shall have the responsibility to assist MoneyMatch to recover all Reversible Amount from the Beneficiary.
4. MoneyMatch shall be entitled to commence any legal actions or proceedings against the Member and/or Beneficiary for the failure to return the Reversible Amount received by the Member and/or Beneficiary within 14 days upon the Member and/or Beneficiary’s receipt of a Reversal request. MoneyMatch shall be entitled to claim the whole of Reversible Amount received by the Member and/or Beneficiary including interests of 8% calculated daily.
FEES
1. In consideration of MoneyMatch’s service within the MM Platform, the Member shall pay the applicable Fees for each Transfer via the MM Platform. Unless informed otherwise by MoneyMatch, all Fees paid are non-refundable.
2. The Member shall pay the Fees to MoneyMatch together with the Transfer Amount in accordance to Clause 5.5 above. MoneyMatch shall not be obliged to perform any services hereunder prior to the receipt of the Fees from the Member.
3. The Fees are exclusive of all taxes (including goods and services tax), levies, duties, assessments of whatever kind or nature and they represent the net amount to be received by MoneyMatch. In the event the Fees become subject to any taxes, levies, duties, assessments of whatever kind or nature, the Member shall forthwith pay such additional amount as may be necessary to MoneyMatch to ensure that the net amount actually received by MoneyMatch is equal to the amount which MoneyMatch would have received had such taxes (including goods and services tax), levies, duties, assessments of whatever kind or nature have not been made.
RIGHTS AND POWERS OF MONEYMATCH
1. By signing up and registering for an account with MoneyMatch, the Member irrevocably authorises and grants consent to MoneyMatch to carry out the following:
  1. to conduct background, due diligence and compliance checks on the Member;
  2. to obtain and verify any information about the Member as MoneyMatch deems necessary, including but not limited to, for the purpose of complying with AML/CFT laws. The Member agrees to promptly provide to MoneyMatch any requested information and authorises MoneyMatch to obtain such information from any relevant and legal sources; and
  3. to disclose any information and/or data relating to the Member and its account to any government or regulatory agency or authority, credit bureau, service providers, agents or business partners, and any other third parties or persons to whom disclosure is permitted and/or required by the law.
2. MoneyMatch reserves the right to appoint third parties to carry out the responsibilities and obligations, and/or exercise its rights under the Agreement.
3. MoneyMatch reserves the right, at its sole discretion, to remove any content and/or services from the MM Platform without assigning any reason thereof.
4. MoneyMatch reserves the right, in its sole discretion, to suspend and/or terminate the Member’s use of the MM Platform. MoneyMatch may provide any reason or notice to the Member for the said suspension and/or termination, however, is not obligated to do so. The Member shall have no claims or actions of whatsoever nature against MoneyMatch or its affiliates in respect of such suspension and/or termination.
REPRESENTATIONS AND WARRANTIES
1. The User hereby represents and warrants the following:
  1. the User is an individual of majority age, sound mind and voluntarily agrees to be bound by the Agreement;
  2. the User is a natural person or a representative of a legal person residing in Malaysia;
  3. in case of a Corporate Member, the corporate representative has obtained all corporate and/or other authorisations required to execute, deliver and perform the Agreement;
  4. the User has full power, authority and legal right to enter into the Agreement and to observe and perform its obligations based on the terms and conditions of the Agreement;
  5. the execution of the Agreement will not result in a breach of any law, regulation, judgment, order, authorization or decree of any governmental authority;
  6. there are no pending or threatened actions or proceedings before any court or tribunal which may materially and adversely affect the User’s ability to discharge its obligations under the Agreement;
  7. no petition or proceeding is commenced or order made or effective resolution passed for the bankruptcy, winding up, insolvency, administration, judicial management, reorganization, reconstruction or dissolution of the User or for the appointment of a liquidator, receiver, administrator, judicial manager, trustee or similar officer of the User and no meeting is convened for the winding up or the bankruptcy of the User;
  8. 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 the Agreement, or affect the User’s ability to perform their obligations hereunder;
  9. any information and documents provided by the User on the MM Platform are true, accurate, complete and not misleading;
  10. the User shall be personally responsible for the use and access of the MM Platform via the User’s account;
  11. the User shall use and access the MM Platform at its own risk;
  12. the User shall use and access the MM Platform in compliance with the terms stipulated herein and all applicable laws in Malaysia;
  13. any Transfers to the Beneficiaries are genuine and legitimate and is not within the knowledge of MoneyMatch to be otherwise;
  14. the User shall not list, offer and/or advertise any items for sale, lease, rent and/or exchange on the MM Platform;
  15. the User shall not use and/or access the MM Platform for any unlawful or illegal purposes;
  16. the User shall be personally responsible for any statements published on the MM Platform using its account, and shall ensure that the content of such statements published by the User on the MM Platform:
    1. is true, accurate and not misleading;
    2. not infringe the Intellectual Property and privacy rights of any person;
    3. not cause any damage to any person or contain any defamatory remarks;
    4. not violate any law, rules, regulations, by-laws, guidelines, order of any authority;
    5. not contain any pornographic or obscene materials; and
    6. not contain any computer viruses and/or computer programming routines that may damage, interfere with, intercept and/or expropriate any system or data.
  17. 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 MoneyMatch or published by other User on the MM Platform;;
  18. 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 MM Platform to any person;
  19. the User shall not decompile, reverse engineer or otherwise attempt to discover the source code of the MM Platform, and/or any Contents available on the MM Platform;
  20. the User shall not access, hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper functioning of the MM Platform, including but not limited to the following means: denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;
  21. the User/Member shall not initiate any transaction or transact, transmit or receive payment transfers via the MM 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 MoneyMatch all title, benefits and interest relating to copyright on the Contents published on the MM Platform by the User, including but not limited to texts, graphics, drawings, layouts and photographs.
3. The User hereby agrees to indemnify and keep MoneyMatch indemnified against any losses and/or damages suffered by MoneyMatch resultant of the User’s breach of any term stipulated in the Agreement including costs involved in bringing any action against the User.
COOKIES
1. The MM Platform uses cookies. The User shall have cookies enabled on their computer in order for all functionality on the MM Platform to function accordingly.
LINKS TO THIRD PARTY WEBSITES
1. The MM Platform may contain links and/or references to other websites and vice versa to which any access onto any such third party links shall not be at any point be construed to be the responsibility of MoneyMatch.
  
  The User agrees that MoneyMatch shall not be held responsible or liable for any losses, injuries and/or damages suffered by the User as a result of accessing any links at their own discretion.
FORCE MAJEURE
1. MoneyMatch shall not be liable to the Member and shall not be deemed to be in breach of the Agreement by reason of any delay in performing or failure to perform any of its obligations under the Agreement 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, pandemic, epidemic or any federal proclamation of emergency issued by the Yang di-Pertuan Agong of Malaysia;
  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 MoneyMatch or third party);
  5. breakdown of internet services or interruption of electricity supply for any reason whatsoever, save for the willful misconduct of MoneyMatch;
  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. MoneyMatch 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, MoneyMatch may at its options do any of the following:
  1. fully or partially suspend delivery and/or performance of its obligations under the Agreement when such event of force majeure continues; or
  2. terminate the Agreement with immediate effect by written notice to the User and MoneyMatch 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.
PERSONAL DATA PROTECTION
1. The User hereby agrees that MoneyMatch 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, as well as the Privacy Policy of MoneyMatch made available on the MM Platform.
2. The User by accessing and using the MM Platform consents that he has read, understood and consents to the Privacy Policy adopted by MoneyMatch.
INDEMNITY
1. The User shall, at all times, defend, indemnify and keep indemnified MoneyMatch 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 MoneyMatch as a result of the following:
  1. any act or omission of the User, including the use of the MM Platform;
  2. any breach, potential breach or threatened breach of the User’s obligations under the Agreement 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 the Agreement.
2. The User agrees and undertakes to pay on demand, any amounts owed pursuant to this Clause.
LIABILITIES
1. In no event shall MoneyMatch, its officers and employees be liable to the User for any monetary or goodwill losses, and any indirect, consequential, special, exemplary or punitive losses or damages, whether arising from negligence, breach of contract or otherwise, caused by any delay, whether intentional or unintentional error by MoneyMatch, its officers, employees and/or any other third parties or any other technical reasons.
2. Clause 15.1 shall not apply to the extent that liability arises from MoneyMatch, its officers and employees' fraud, deliberate breach of contract, or any other liability which by law cannot be excluded.
3. The User agrees that MoneyMatch 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 MM Platform, any use, delay or inability to use the MM Platform, and/or the inability to obtain access to or to transact over the MM Platform.
4. MoneyMatch 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.
5. In the event MoneyMatch is liable for damages, the User agrees that MoneyMatch’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 the Agreement and/or the MM Platform shall not exceed MYR100.00.
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.
REMEDIES
1. No remedy conferred by any of the provisions of the Agreement 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 the Agreement will operate as a release or waiver thereof, nor will any single or partial exercise of any right under the Agreement preclude any other or further exercise of it.
VARIATIONS
1. MoneyMatch reserves the right to amend, vary and/or supplement the Agreement from time to time. The User shall be notified of any amendments of the Agreement by MoneyMatch.
2. The User’s continued use of the MM 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 Agreement.
NOTICES
1. The communications between MoneyMatch and the User and between the Users shall be made through the MM Platform.
2. In certain circumstances where MoneyMatch considers that a termination event may have occurred, MoneyMatch may give any notice required under the Agreement 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 MoneyMatch’s record.
3. All notices and communications are effective upon delivery.
BINDING EFFECT
1. The Agreement 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 MoneyMatch.
INVALIDITY AND SEVERABILITY
1. The Agreement shall at all times be subjected to all relevant regulations, guidelines and laws imposed by the relevant jurisdictions and regulators. In the event any provision of this Agreement shall be held invalid, illegal or unenforceable under any applicable law, the validity, legality and enforceability of the remaining provisions will nonetheless continue in full force and effect.
ENTIRE AGREEMENT
1. The Parties hereby agree that the provisions contained in the Agreement shall constitute the entire agreement between the Parties in respect of the subject matter of the Agreement and supersede all previous memoranda, expectations, understandings, communications, representations and agreements whether oral or written between them in respect of the subject matter hereof.
GOVERNING LAW AND ARBITRATION
1. The Agreement shall be governed by and construed in accordance with the laws of and Malaysia and each party hereby agrees to submit to the exclusive jurisdiction of the Courts of Malaysia.

INSURANCE

APPLICATION
The "Terms of Service" stated herein constitute a legal agreement between you ("User") and MONEYMATCH SDN BHD ("Company"). By using the "Service" (as defined below) offered to you by the Company, you agree that you have read, understood, accepted and agreed with these Terms of Service. If you do not wish to abide by the Terms of Service, please discontinue using the Service.

The Company reserves its right to amend, revise, supplement, vary and/or terminate the Terms of Service ("Changes") at any time and from time to time. Any Changes to the Terms of Service will be updated and published on the Company’s website accessible by you and your continuous usage of the Service shall be deemed as your acceptance to the Changes.

You hereby expressly acknowledge and agree to be bound by these Terms of Service and any future Changes published from time to time, as well as the Company’s Privacy Policy and other guidelines relating to the use of the Company’s Services, where applicable.

THE SERVICE

In collaboration with "Licensed Agencies" registered with the General Insurance Association of Malaysia (PIAM), Life Insurance Association of Malaysia (LIAM) and Malaysia Takaful Association (MTA), who act as insurance agents of licensed insurers ("Insurer"), the Company offers Users information in relation to purchasing insurance products and services ("Policy").

The Company which includes its relevant subsidiaries, affiliates, officers, employees, agents, advisors (each a "Representative") will assist the Users in the registration, purchase and/or management of the Insurance Policies through the Company.

USE OF THE SERVICES

During the use of the Service, you may enter into negotiations with the Licensed Agencies and/or the Insurer, to purchase a Policy. In such circumstances, you acknowledge that you may be bound by additional terms and conditions imposed by the Insurer unto a person purchasing a Policy. As such, these additional terms and conditions are solely between you and the Insurer, Licensed Agencies and/or third party providers, where applicable.

The User’s purchase of a Policy through the Company’s Service is effective only upon the completion of a registration and acceptance thereof by the Insurer. Please be informed that the Company is only collecting or assisting in collecting information as part of its provision of the Service, and the Company and its Representatives do not guarantee the success of any User’s registration and/or purchase of a Policy.

The Company and its Representatives shall have no liability, obligation or responsibility for any such negotiation, purchase, transaction or promotion of a Policy; nor shall the Company be liable for any content, products, services or materials available on websites or equivalent platforms of the Insurer. The Company disclaims any liability arising from such negotiations and/or agreements made between you and the Insurer.

With respect to the Services, you acknowledge that by registering as a User and where relevant or necessary, the Company may be required to :-

request from you personal information or conduct relevant due diligence, for the purpose of verifying your identity or the identity of the beneficial owner pursuant to applicable laws and regulations;
request from you information relevant to and for the Policy registered by you through the Service;
share relevant information provided by you to the Licensed Agencies, the Insurer and/or relevant Representatives solely for the purpose of providing the Services;
use the information provided by you to optimize its offering of the Services to you; and
manage your Policy in accordance with the Services.

The Company reserves the right to refuse provision of the Services to any person who fails to or refuses to comply with any relevant and necessary request for the use of the Services. The Company shall not be held liable for failure to provide the Services in such a circumstance.

The Company further reserves the right at its sole discretion to terminate, suspend or make any Changes to these Terms of Service which may include Changes to its Services, provision of the Services, the Licensed Agencies and the Insurer. In the event of such Change, the Company will update and publish the same on the Company’s website and notify Users who have successfully purchased a Policy via the contact details provided by you during registration, or by any other manner deemed appropriate by the Company in accordance with these Terms of Service.

MOBILE AND WEB PLATFORMS

The information offered by the Company and its Representatives to the Users in relation to the Service via its mobile and/or web platforms, or via other methods such as verbal communication is not and should not be construed as insurance advice. The Company is only a platform provider to which any such Policy may be purchased from, and the Company itself is not an Insurer.

Such mobile and/or web platforms which belong to the Company may contain links and/or references to other websites. Any access to any third party links shall not be construed to be the Company’s liability, nor does the Company endorse any applications or websites associated with the Insurer, Licensed Agencies and/or other third party providers.

Your use of these applications or websites are subject to the terms and privacy policies of each site and the Company shall not be liable for any inaccurate, missing or misconstrued information and makes no guarantee as to the quality and precision of the information.

THIRD PARTY PROVIDERS

The Company reserves the right to appoint third party providers and/or business partners to carry out certain responsibilities and obligations with respect to the Service, and/or to exercise the rights under these Terms of Service. However, any representations made by such third party and/or business partner shall not be at any point construed to be the liability of the Company.

REPRESENTATION AND WARRANTY

The Service is provided on an “as-is'' basis and to the fullest extent permitted by law, the Company makes no representations or warranties of any kind, whether express or implied, in relation to the quality, completeness and/or accuracy of the Service; or that the use of the Service will be secure, uninterrupted and/or error-free; or that any errors will be corrected; or that any stored information is accurate and/or reliable; or that the Service will meet your expectations. The Company shall not be liable for any delays, failures and damages or loss resulting from the abovementioned issues, nor shall the Company be liable for the loss, deletion and/or failure to store relevant content in the User’s software and/or device used to accept the Services.

The User shall accept the Services at its own risk and expense, and shall be responsible for the performance and security of any software and/or device used by the User, if any, to accept the Services. The User hereby represents and warrants that he/she/it has full power, authority and legal right to form a binding agreement with us and to use the Service; and that by using the Service, the User is not breaching any law, regulation, judgment, order, authorization or decree of any governmental authority. The User further represents and warrants that all information and documents provided to the Company with respect to the Service are true, accurate, complete and not misleading; and that the User shall be personally responsible for any information and documents provided to the Company.

EXCLUSION AND LIMITATION OF LIABILITY

To the fullest extent permitted by law, the Company shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether directly or indirectly), suffered by the User arising from or in connection with your use of the Service. The Company shall in no manner be liable for the conduct and/or actions of any User; nor be liable for any act, omission or negligence of the Insurer in relation to the Policy purchased through the Services; nor be liable for any representations made by the Licensed Agencies.

The Company shall not be liable and shall not be deemed to be in breach of these Terms of the Service by reason of any delay or failure in performing any of its obligations herein, if the delay or failure was caused by an event of force majeure. In such circumstance, the Company shall be excused from performance and shall not be in default with respect to any obligation under these Terms of Service. Without prejudice to the generality of the foregoing provision, force majeure shall include without limitation to :-

an act of God such as fires, explosions, earthquakes, drought, tidal waves or floods;
war, threat of war, act or threat of terrorism, sabotage, insurrection, civil disturbance or requisition;
restrictions imposed by any law, regulations, prohibitions or government measures;
interruption of traffic, strikes, lockouts, industrial actions or trade disputes; (E) breakdown of internet services for any reason (save for willful misconduct of the Company); or
other unforeseeable circumstances beyond the control of the Company against which it would have been unreasonable for the User or any injured party to take precautions.

INDEMNITY

By agreeing to the Terms of Service upon your use of the Service, you agree that you shall indemnify and hold the Company and its Representatives harmless from and against any claims, costs, damages, losses, liabilities and expenses (whether present, future, contingent or otherwise and including legal fees on a full indemnity basis) in connection with the following :-

your use of the Service in your dealings with the Insurer and/or Licensed Agencies;
any breach, potential breach or threatened breach of these Terms of Service or any applicable law or regulation;
any misuse of the Service by you, including without limitation to misuse of any Intellectual Property rights under these Terms of Service;
any violation of any rights of any third party providers or business partners; and/or
any breach of the Insurer’s terms and conditions in relation to the purchased Policy.

INTELLECTUAL PROPERTY

These Terms of Service do not constitute the provision of any rights of ownership by the Company to the User in relation to the Service. The Company’s name, logo, platform, software associated with the Service are "Intellectual Property" of the Company, and no right or license is granted to the User to use the same. The User shall not copy, distribute or modify any part of the Services; nor shall the User transmit any information which contains software viruses or other harmful computer code, files or programs which may disrupt networks connected to the Services.

Using the Services do not give the User ownership of any Intellectual Property rights in the Services, which shall remain exclusive property of the Company and its applicable licensors.

CONFIDENTIALITY

The User shall keep confidential all information, software, user list, database, texts, graphics, logos, photos and other information not available to the public, which may be in any form including without limitation to visual, audio, oral or electronic form, relating to the Company and obtained, provided or disclosed through the Company (collectively "Confidential Information").

The User shall not 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 reasonable endeavors to prevent the publication and/or disclosure of any Confidential Information, and shall only use the Confidential Information with respect to the Services.

PERSONAL DATA PROTECTION
The User hereby acknowledges and agrees that the Company may collect, store, process, disclose, access, review and/or use personal data which belongs to the User, whether obtained from the User or from other sources, in accordance to applicable laws and regulations including without limitation to the Personal Data Protection Act ("PDPA") 2010, the Company’s Privacy Policy and these Terms of Service.
TERMINATION
The Company may terminate the Services with immediate effect in the event that you are found to be in breach of any of the provisions in these Terms of Service. For the avoidance of doubt, termination herein does not require the Company to reimburse you or cover any costs incurred by you in the course of your use of the Service.
REMEDIES AND WAIVER OF RIGHTS
No remedy conferred by any of the provisions of these Terms of Service 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. The election of one or more of such remedies shall not constitute a waiver of the right to pursue any other available remedies.

No failure or delay by either the User or the Company in exercising any right, power or privilege granted under these Terms of Service or any applicable law shall operate as a waiver thereof.
NOTICES
Communication between the User and the Company shall be made through the contact details provided by the User to the Company during registration under these Terms of Service, or any other manner deemed applicable by the Company depending on each circumstance. All notices and communications are effective upon delivery.
GOVERNING LAW AND JURISDICTION
These Terms of Service shall be governed and construed in accordance with Malaysian law. In the event any dispute shall arise amongst the User and the Company in connection with the subject matter within these Terms of Service, such dispute shall first be negotiated between the User and the Company to reach an amicable settlement. Where an amicable settlement is not achievable, the dispute shall be referred to the jurisdiction of the Malaysian courts.
INTERPRETATION
Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing a gender include every gender. Where a word or phrase is given a defined meaning in these Terms of Service, any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning.
GENERAL
Nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between the User and the Company.

The User shall not assign or transfer its rights, title, interests, benefits, liabilities and/or obligations under these Terms of Service without the prior written consent of the Company.

The provisions contained in these Terms of Service shall constitute the entire agreement between the User and the Company with respect to the subject matter herein, and it shall supersede all previous discussions, expectations, understandings, communications, representations and agreements (whether oral or written).

If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.