MoneyMatch Transfer Platform

Terms and Conditions

  1. APPLICATION
    1. These Terms and Conditions apply to any person who browses, visits, accesses and/or uses the MoneyMatch Platform. These Terms of Use, the Privacy Policy and other guidelines and policies in respect of the MoneyMatch Platform (collectively referred to as “Agreement”) constitute a legally binding agreement between MoneyMatch and the User.
    2. By browsing, visiting, accessing, using or continuing to browse, visit, access or use the MoneyMatch Platform, you (“User”) signify that you have read, understood and agreed to be bound by the Agreement for the time being in force, regardless of whether you are a registered user of the Site.
    3. You agree to browse, visit, use and/or access the Site at your own risk.
    4. If you do not accept the Agreement, please do not browse, visit, use and/or access the MoneyMatch Platform and/or any services in connection with the MoneyMatch Platform.
    5. We reserve our right to amend, revise, supplement, vary and/or terminate the terms and conditions of the Agreement at any time and from time to time by updating the relevant page. You should visit this page periodically to review the Terms and Conditions for the time being in force.
  2. 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 and the Member Country) on which banks are open for general banking business in Kuala Lumpur and the Member Country;
      "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 MoneyMatch, the MoneyMatch Platform and/or the Users, which is obtained, provided or disclosed through MoneyMatch, the Agreement and/or the MoneyMatch Platform to the Users;
      "Content"
      means all contents available on the MoneyMatch Platform, whether created by MoneyMatch and/or the User, including organization, layouts, user interface, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials;
      "Exchange Rate"
      means the exchange rate between the relevant currencies as determined by MoneyMatch and made available on the MoneyMatch Platform;
      "Fees"
      means the fees at the rate as determined by MoneyMatch through the MoneyMatch Platform payable by the Member to MoneyMatch for the services provided hereunder;
      "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;
      "Member"
      means a User whose sign-up application to the MoneyMatch Platform has been approved by MoneyMatch and such approval has not been suspended, terminated or revoked, and who may be an Individual Member or a Corporate Member;
      "Member Account"
      means the bank account of the Member;
      "Member Country"
      means the country in which the Member Account is maintained;
      "MoneyMatch"
      means MoneyMatch Sdn. Bhd. (Company No. 1133611-P), a company incorporated in Malaysia and having its registered address at C-2-8, TTDI Plaza, Jalan Wan Kadir 3, Taman Tun Dr Ismail, 60000 Kuala Lumpur, and is the operator of the MoneyMatch Platform, and includes (if any) its head office, representative and branch offices, any related company or associated company, in any jurisdiction, which perform any services pursuant to the Agreement;
      "MoneyMatch Account"
      means the designated bank account of MoneyMatch which details shall be as provided on the MoneyMatch Platform for the relevant Member to transfer the Transfer Amount and the Fees to MoneyMatch;
      "MoneyMatch Platform"
      means the MoneyMatch Transfer Platform at https://transfer.moneymatch.co/ and any subdomain thereof, and its related mobile applications, related databases and supporting software operated by MoneyMatch to which the Users are entitled to gain access for the purpose of making cross border payments or transfer of funds in accordance with the terms and conditions herein;
      "Net Payout Amount"
      means the net amount less the bank charges pursuant to Clause 5.10 to be credited to the Recipient Account in the Recipient Currency;
      "Order"
      means the order created by the Member on the MoneyMatch Platform to make a Transfer in accordance with the Agreement;
      "Parties"
      means MoneyMatch and the relevant User, and “Party” means any one of them;
      "Recipient"
      means the beneficiary to whom the Member wishes to transfer the funds through the MoneyMatch Platform;
      "Recipient Account"
      means the bank account of the Recipient;
      "Recipient Country"
      means the country where the Recipient Account is maintained;
      "Recipient Currency"
      means the currency in which the Recipient receives the funds from the Member through the MoneyMatch Platform;
      "Transfer"
      shall have the meaning assigned to it in Clause 4.1;
      "Transfer Amount"
      means the amount (in the relevant currency stated in the Order) to be transferred by the Member to MoneyMatch to perform the Transfer hereunder, exclusive of the Fees;
      "User"
      means any person who browses, visits, accesses and/or uses the MoneyMatch Platform, whether active, semi-active or inactive user, and includes the Member, 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 "MoneyMatch", "Member" 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 MoneyMatch Transfer 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 MoneyMatch 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. Any reference to “person” includes any company, partnership, joint venture, association, corporation or other body corporate.
    12. 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.
    13. All transactions and payments must be completed and cleared or received during the normal banking hours in Kuala Lumpur (09.00 to 16.00 local time in Kuala Lumpur) on a Business Day in Kuala Lumpur. Where a transaction is confirmed through the MoneyMatch 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.
  3. Sign-up to the MoneyMatch Platform
    1. The Users shall apply to sign-up to the MoneyMatch Platform by providing the information and documents requested on the sign-up page and as may be requested by MoneyMatch according to the circumstances and in accordance with the instructions provided on the MoneyMatch Platform before they are allowed to use and/or access the features provided by the MoneyMatch 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. There are two types of Members on the MoneyMatch Platform as follows:
      1. Individual Member which application is restricted to natural persons; and
      2. Corporate Member which application is restricted to company, partnership, association, corporation or other body corporate.
      MoneyMatch prescribes a separate application process for each category of membership and different information and documents as requested by MoneyMatch shall be submitted to MoneyMatch in order to allow MoneyMatch to assess the application.
    3. As part of the signing-up process, MoneyMatch may in its sole discretion, conduct “Know Your Client” checks (“KYC Checks”) on the Users, whether through online or offline means or by contacting the Users through a video call or making a site visit to the place(s) of business of the 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, failing which MoneyMatch reserves the right to reject the sign-up application of the User. 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 MoneyMatch approving the sign-up application of the User as a Member, MoneyMatch grants the Member a non-exclusive, non-transferable and revocable permission under the Agreement to use, access and communicate through the MoneyMatch Platform for the purposes contemplated by the 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 to continue using the MoneyMatch Platform without assigning any reason whatsoever, and/or to revoke the registration status and deactivate the account of the Member from the MoneyMatch Platform.
    6. Each Member shall have his own username and password to log into the MoneyMatch Platform, and the Member shall be responsible for safeguarding his username and password, and other security processes and devices that may be provided by MoneyMatch. Each Member hereby represents, covenants and undertakes to ensure that only the Member or its authorised representative (in the case of a corporate Member) shall have access to the MoneyMatch Platform by using the Member’s login details, and any login to the MoneyMatch Platform by using the Member’s login details shall be deemed to have been made by the Member.
    7. The Member shall not misuse his login details and the MoneyMatch Platform to the detriment of MoneyMatch and MoneyMatch Platform.
    8. 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 formulated by MoneyMatch from time to time with respect to the MoneyMatch Platform;
      2. to perform all acts necessary for the discharge of his 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 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 MoneyMatch Platform, and this obligation shall subsist even after the User ceases to be a user of the MoneyMatch Platform;
      4. so long as he is a User of the MoneyMatch 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 MoneyMatch Platform, with any other User and/or any third party introduced via the MoneyMatch Platform, with respect to the activities on the MoneyMatch Platform with a view to arrange a transaction outside the MoneyMatch Platform;
      5. so long as he is a User of the MoneyMatch 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 MoneyMatch, 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 MoneyMatch Platform; and
      6. so long as he is a User of the MoneyMatch 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 MoneyMatch or any person who has been an employee, officer or manager of MoneyMatch within the previous 12-month period.
    9. The User or the Member (as the case may be) acknowledges the following:
      1. that MoneyMatch and the MoneyMatch Platform does not give warranty, either express or implied, in relation to any activities and/or outcomes on the MoneyMatch Platform and that the User’s request can or will be fulfilled;
      2. that MoneyMatch and the MoneyMatch 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 MoneyMatch Platform;
      3. 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 MoneyMatch Platform;
      4. that MoneyMatch acts only on the instructions of the Member with respect to the activities or transactions on the MoneyMatch Platform;
      5. that the Member shall assume all responsibility for all transactions carried out or instructed by the Member via the MoneyMatch Platform;
      6. that MoneyMatch does not guarantee the success of any activity or transaction on the MoneyMatch Platform;
      7. that MoneyMatch provides the MoneyMatch Platform on as “as is” basis and makes no representation as to the quality, completeness or accuracy of any Content made available on the MoneyMatch Platform;
      8. that MoneyMatch does not warrant the use and access to the MoneyMatch 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 MoneyMatch Platform in or with any computer will not affect the functionality or performance of the computer;
      9. that the User shall be responsible for obtaining and using the necessary software and/or equipment to obtain access to the MoneyMatch 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;
      10. that the User shall assume the entire cost of all necessary servicing, repair or correction of any defect, problem or damage in his computer, and MoneyMatch 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 MoneyMatch Platform;
      11. that MoneyMatch does not warrant the MoneyMatch Platform will be protected against any malicious attack and that the data will not be compromised under such attack; and
      12. that the registration of any Member on the MoneyMatch Platform is not a guarantee on the creditworthiness, genuineness and trustworthiness of the Member.
    10. By signing-up and/or logging into the MoneyMatch Platform, the User represents that he has read and understood the Agreement and agrees to be bound by the Agreement.
  4. MONEYMATCH PLATFORM
    1. The MoneyMatch Platform offers cross border remittance and cross border payment services (collectively referred to as “Transfer”) to the Members in accordance with the Agreement.
    2. Individual Members may perform cross border remittances via the MoneyMatch Platform in accordance with the Agreement, to transfer funds to Recipients.
    3. Corporate Members may perform cross border payments via the MoneyMatch Platform in accordance with the Agreement, to make payments to Recipients.
    4. MoneyMatch shall be entitled at its sole discretion, to cancel, withdraw, restrict, suspend, vary or modify the use, features and/or facilities of the MoneyMatch Platform (whether in whole or in part).
    5. The Content and material available on the MoneyMatch 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.
    6. MoneyMatch 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 MoneyMatch Platform shall constitute or shall be construed to constitute investment, legal, tax or other advice.
  5. TRANSFER
    1. The service of cross border remittance is only available to Individual Members.
    2. The service of cross border payment is only available to Corporate Members.
    3. The Transfer shall only be performed against such Recipient Currencies as MoneyMatch offers and as stated on the MoneyMatch Platform.
    4. The Transfer shall only be made to the Recipient Account in such Recipient Countries as MoneyMatch may make the Transfer to and as stated on the MoneyMatch Platform.
    5. To make the relevant Transfer via the MoneyMatch Platform, the Member shall key in the Transfer Amount in the relevant column on the MoneyMatch Platform and the corresponding Net Payout Amount will appear on the MoneyMatch Platform, having regard to the Exchange Rate at the relevant point in time. The Exchange Rate may fluctuate throughout the day as MoneyMatch in its discretion deems fit. Subject to Clause 5.7, the Net Payout Amount is dependant on the Exchange Rate at the relevant point in time when the Order is created.
    6. The Member shall create an Order for the relevant Transfer by providing the information and documents requested on the MoneyMatch Platform or as may be requested by MoneyMatch (including but not limited to details of the Recipient and Recipient Account and the details of the Member Account).
    7. Upon creation of the Order, the Member shall pay the Transfer Amount to MoneyMatch Account in cleared funds within twenty four (24) hours when the Order is created, by way of telegraphic transfer or such payment mode as may be authorised by MoneyMatch in writing, failing which the Order created shall be automatically lapsed at the expiry of the twenty four (24) hour period. MoneyMatch shall not be required to pay any Net Payout Amount prior to receiving the Transfer Amount in cleared funds in MoneyMatch Account. The Member shall bear the bank charges for paying the Transfer Amount to MoneyMatch Account.
    8. In the event the Transfer Amount is received in MoneyMatch Account in cleared funds after the expiry of the twenty four (24) hour period referred to in Clause 5.7, different Exchange Rate may apply. In such event, the Member shall create a new Order for the relevant Transfer (where the Exchange Rate at the time of creation of the new Order shall apply) and shall top up any difference in the Transfer Amount as shown in the new Order in cleared funds to MoneyMatch Account within twenty four (24) hours from the creation of the new Order, failing which MoneyMatch reserves the right to terminate the relevant Transfer and refund the Transfer Amount received in MoneyMatch Account free of interest to the Member. Pursuant to the foregoing, in the event of any excess of Transfer Amount after the creation of the new Order, MoneyMatch will refund the excess free of interest to the Member.
    9. MoneyMatch reserves the right to suspend, terminate or revoke an Order for the relevant Transfer in the event the Member fails, refuses and/or neglects to render cooperation to MoneyMatch (including but not limited to failing to provide the information and documents requested by MoneyMatch).
    10. Subject to Clauses 5.7 and 5.8, upon receipt of the Transfer Amount in cleared funds in MoneyMatch Account, MoneyMatch shall pay the Net Payout Amount to the Recipient Account within two (2) Business Days. Subject to Clause 5.11, MoneyMatch’s obligations to pay the Net Payout Amount to the Recipient Account shall be discharged once MoneyMatch instructs its bank to make the transfer of the Net Payout Amount to the Recipient Account. MoneyMatch shall not be held responsible in the event the Recipient fails to receive the Net Payout Amount timely. The Recipient shall bear the bank charges for MoneyMatch to pay the Net Payout Amount to the Recipient Account.
    11. In the event of unsuccessful Transfer to the Recipient Account, MoneyMatch shall inform the Member of the same and shall refund the Transfer Amount free of interest less any bank charges incurred by MoneyMatch, to the Member. MoneyMatch shall not be liable for any loss, damages, costs, expenses, fines, penalties, demands or claims of any nature whatsoever that may be suffered by the Member as a result of or arising from the unsuccessful Transfer or delayed Transfer.
    12. In the event of any error in the Order created, the Member shall immediately contact MoneyMatch to resolve the relevant issue, and MoneyMatch shall not be liable for any loss, damages, costs, expenses, fines, penalties, demands or claims of any nature whatsoever that may be suffered by the Member as a result of or arising from the error.
    13. The minimum Transfer Amount for any cross border remittance shall be RM500 for each remittance. The daily maximum limit for a cross border remittance shall be RM30,000 per day (whether on a single transaction or aggregated basis) and the maximum annual limit for a cross border remittance shall be RM1 million per annum (whether on a single transaction or aggregated basis). Pursuant to the foregoing, the Individual Member shall declare that he does not breach the relevant limit when performing each cross border remittance.
    14. The minimum Transfer Amount for any cross border payment shall be RM500 for each payment. The daily maximum limit for a cross border payment shall be RM200,000 per day (whether on a single transaction or aggregated basis) and the maximum annual limit for a cross border payment shall be RM45 million per annum (whether on a single transaction or aggregated basis). Pursuant to the foregoing, the Corporate Member shall declare that it does not breach the relevant limit when performing each cross border payment.
  6. FEES
    1. In consideration of MoneyMatch’s service hereunder, the Member shall pay the Fees to MoneyMatch for each Transfer via the MoneyMatch Platform. All Fees paid are non-refundable in any circumstances whatsoever.
    2. The Member shall pay the Fees to MoneyMatch together with the Transfer Amount in accordance with Clause 5.7. MoneyMatch shall not be obliged to perform any services hereunder prior to receipt of the Fees in full 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 shall become subject to any taxes (including goods and services tax), 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 not been made.
  7. RIGHTS AND POWERS OF MONEYMATCH
    1. The User hereby irrevocably authorizes MoneyMatch to do the following:
      1. to conduct credit checks on the User;
      2. to obtain and verify any information about the User as MoneyMatch 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 MoneyMatch, and the User authorizes all sources to which MoneyMatch may apply to obtain any information which MoneyMatch 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 or for the purpose of performing the obligations of MoneyMatch or exercising the rights of MoneyMatch under the Agreement.
    2. MoneyMatch 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 MoneyMatch under the Agreement.
    3. MoneyMatch reserves the right at its sole discretion to remove any Contents from the MoneyMatch Platform without assigning any reason thereof.
    4. MoneyMatch reserves the right at its sole discretion to immediately suspend and/or terminate the use of the MoneyMatch 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 MoneyMatch or its affiliates with respect to such suspension and/or termination.
    5. MoneyMatch shall not be liable for acting in good faith upon any instructions and/or Orders from the Member. Such instructions and/or Order shall be deemed irrevocable and binding upon the Member upon MoneyMatch’s receipt notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in respect of such instructions and/or Order.
  8. REPRESENTATIONS AND WARRANTIES
    1. The User or the Member (as the case may be) hereby represents and warrants as follows:
      1. the User is an individual of full age and sound mind and has voluntarily agreed to be bound by the Agreement (if applicable);
      2. the User is an entity established and existing in accordance with the laws of Malaysia and has voluntarily agreed to be bound by the Agreement (if applicable);
      3. it has taken all necessary corporate and other actions to authorize the execution, delivery and performance of the Agreement;
      4. it 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 Agreement constitutes legal, valid and binding obligations of the User enforceable in accordance with their terms;
      6. the execution of the Agreement will not result in a breach of any law, regulation, judgment, order, authorization or decree of any governmental authority;
      7. 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;
      8. no petition is presented or a proceeding is commenced or an order is made or an effective resolution is passed for the bankruptcy, winding-up, insolvency, administration, judicial management, reorganisation, reconstruction, dissolution or bankruptcy 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 of the User;
      9. any information and documents provided by the User to MoneyMatch and on the MoneyMatch Platform are true, accurate, complete and not misleading;
      10. 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 his obligations hereunder;
      11. the User shall be personally responsible for the use and access of the MoneyMatch Platform using the User’s account;
      12. the User shall use and access the MoneyMatch Platform at his own risk;
      13. the User shall use and access the MoneyMatch Platform in accordance with the Agreement and in accordance with any law for the time being in force in Malaysia;
      14. the Transfer to the Recipient is genuine and is not in contravention of any law for the time being in force;
      15. the User shall not list, offer and/or advertise on the MoneyMatch Platform any items for sale, lease, rent and/or exchange;
      16. the User shall not use and/or access the MoneyMatch Platform for any unlawful or illegal purposes;
      17. the User shall be personally responsible for the Contents published on the MoneyMatch Platform using his account, and shall ensure that the Contents published on the MoneyMatch 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;
      18. 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 Users on the MoneyMatch Platform;
      19. 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 MoneyMatch Platform to any person;
      20. the User shall not decompile, reverse engineer or otherwise attempt to discover the source code of the MoneyMatch Platform, and/or any Contents available on the MoneyMatch Platform;
      21. the User shall not, without written authorization from MoneyMatch, access, hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper functioning of the MoneyMatch Platform, including but not limited to the following means: denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;
      22. the User shall not initiate any transaction or transact, transmit or receive payment transfers via the MoneyMatch Platform for or in connection with any criminal or illegal purpose or any purpose that may contravene any anti-money laundering laws.
  9. COOKIES
    1. The MoneyMatch Platform uses cookies. The User shall have cookies enabled on his computer in order for all functionality on the MoneyMatch Platform to function accordingly.
  10. LINKS TO THIRD PARTY WEBSITES
    1. The MoneyMatch Platform may contain links and/or references to other websites, and vice versa. MoneyMatch shall not be responsible for the Contents available on the third party websites.
  11. FORCE MAJEURE
    1. MoneyMatch shall not be liable to the other party 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;
      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 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.
  12. 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, and the Personal Data Protection Policy of MoneyMatch made available on the MoneyMatch Platform.
  13. 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 MoneyMatch 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.
  14. LIABILITIES
    1. In no event shall MoneyMatch, 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 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 MoneyMatch Platform, any use, delay or inability to use the MoneyMatch Platform, and/or the inability to obtain access to or to transact over the MoneyMatch Platform.
    3. 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.
    4. 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 MoneyMatch Platform shall not exceed MYR500.
  15. 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.
  16. 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.
  17. 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 via announcement on the MoneyMatch Platform.
    2. The User’s continued use of the MoneyMatch 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.
  18. NOTICES
    1. The communications between MoneyMatch and the User and between the Users shall be made through the MoneyMatch 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.
  19. 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 the Agreement or any of its liabilities and obligations hereunder without the prior written consent of MoneyMatch.
  20. INVALIDITY AND SEVERABILITY
    1. If any provision of the Agreement 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 the Agreement 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.
  21. 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.
  22. GOVERNING LAW AND ARBITRATION
    1. The Agreement shall be governed by and construed in accordance with the laws of Malaysia.
    2. In the event any dispute or difference shall arise amongst MoneyMatch and the User as to the construction of the Agreement 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 MoneyMatch 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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