CUSTOMER TERMS AND CONDITIONS

[Updated 01 August 2016]

View Malay Version

Welcome to the Alipay website. These Terms and Conditions govern your access of the Platform and use of the Services, as defined under these Terms and Conditions. All references under these Terms and Conditions to “Alipay”, “we,” “us,” or “our” shall refer to [HELLOPAY MALAYSIA SDN. BHD.] and its related entities. By accessing the Platform and/or using the Services, you, the Customer, agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not access and/or use this Platform and/or the Services.

 

1. DEFINITIONS AND INTERPRETATIONS

A. The terminology used in these Terms and Conditions are defined under Schedule 1 appended hereto.

B. Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

C. Under these Terms and Conditions, whenever the words ‘include’, ‘includes’ or ‘including’ are used, they will be deemed to be followed by the words ‘without limitation’.

D. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words ‘month’ or ‘monthly’ and all references to a number of months shall refer to calendar months.

E. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Conditions.

F. In the event of a conflict or inconsistency between any two or more provisions under these Terms and Conditions, such conflict or inconsistency shall be resolved in favour of Alipay and the provision which is more favourable to Alipay shall prevail.

 

2. ACCESS TO THE PLATFORM AND SERVICES

A. You agree to :

i. access the Platform and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services or the Platform in good faith;

ii. comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments thereto issued by us from time to time; and

iii. ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate.

B. Access to password protected areas of the Platform and/or use of the Services are restricted to Customers with Alipay accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information on the Platform, through any means not intentionally made available by us for your specific use.

C. If you are below 18 years old you must obtain consent from your parent(s) or legal guardian(s).By consenting to your acceptance of these Terms and Conditions, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) your actions in your access and use of the Platform and/or the Services; (ii) any charges associated with your use of any of the Services; and (iii) your compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must cease accessing the Platform and using the Services.

 

3. GENERAL USE OF THE SERVICES

3.1 Description of payment service

A. Alipay operates an electronic payment service that enables you to send and receive payments from third parties authorised and approved by Alipay (the "Services"). Alipay reserves the right to amend any functionality to send and receive payments from other users via the Platform.

B. Upon your registration with Alipay, an online account which holds electronic funds for use in online transactions ("Customer Account") will be created for you.

C. Alipay acts as your agent solely in relation to the custody of your electronic funds in your Customer Account. Alipay maintains separate and independent funds for our corporate purposes and the funds available in your account are exclusively for your own use only.

D. You understand and accept that:

i. Alipay is not licensed as a bank, nor do we provide banking services and/or functions which are integral or closely related to the banking business. Alipay is not allowed to extend any form of credit or lending, nor engage in the business of accepting deposits;

ii. the Customer Account is not insured by any government agency and there is no voluntary or compulsory scheme in which Alipay is a member which compensates the Customer in the event Alipay becomes unable to satisfy claims relating to your Customer Account or otherwise in relation to the Services; and

iii. Alipay does not act as a trustee or accept any fiduciary role in respect of the electronic funds in your Customer Account.



3.2 Registration

A. The registration process requires you to provide us with accurate and complete personal information, including your name, address, telephone number, date of birth and email address ("Registration Information") in order to become and continue to be a Customer.

B. We may request for additional information or documentation at any time and for any reason, including but not limited to confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with us. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to you, either limit your use of the Services or suspend or close your Customer Account.

C. You authorize Alipay to make any enquiries it considers necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever.

D. Each individual is only entitled to open one (1) Customer Account. If you open more than one Customer Account, Alipay shall contact you to identify your primary Customer Account and Alipay may, without any liability to you, close any other Customer Account(s) that you may have opened upon transferring any remaining account balances in any other Customer Account(s) to your primary Customer Account.

E. You may be required to have a username and/or password to access the Services or parts thereof and such username and/or password may either be:

i. issued to you by Alipay; or

ii. created and provided by you.

Alipay reserves absolute and sole discretion to invalidate any username and/or password assigned or created without providing you with any reason or prior notice and we shall not be liable for any loss, damage or expense suffered by you as a result of such invalidation.



3.3 Account information

A. You are required to ensure that all information provided to Alipay is accurate and up to date. In the event of any change in your information, please notify Alipay as soon as possible.

B. All Personal Data provided to Alipay will be handled, stored, and processed according to Alipay’s Privacy Policy. By accepting these Terms and Conditions, you acknowledge that you have read and agree with the Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

C. You are solely responsible for keeping your username and password to the Services secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorised use of your username or password. If your username or password has been compromised, you must inform Alipay immediately.

D. Any use of your username or password on the Alipay website or Platform shall be deemed use of the Services. Any information, data, or communication posted, transmitted, or issued during the period where you are logged in with your username and password (whether authorised or unauthorised) shall be deemed to be posted, transmitted, or issued by you. You will be solely responsible for any such transmission, notice or communication and agree to indemnify and hold harmless Alipay from any loss, damage, expense, and/or liability for actions attributable to the use of your username and password on the Alipay website or Platform..



3.4 Fees

The Services are always free of charge to our Customers. We are not liable for any fees raised by third parties including, but not limited to, card issuers or banks, for the usage of our services. We reserve the right to decline acceptance of payment instruments, such as credit cards, debit cards or bank accounts, as funding methods at our sole discretion.



3.5 Adding funds to your account

A. You hereby authorize Alipay to receive funds on your behalf from your chosen payment source. You agree to upload electronic funds to your Customer Account in accordance with the directions available under the Customer Service Area on the Alipay website (as may be amended by Alipay from time to time) and you agree that you will not use any unauthorized, invalid or illegal payment method to upload electronic funds to your Customer Account.

B. Alipay may conduct know-your- customer or due diligence checks in accordance with any applicable regulatory requirements, as well as an internal risk assessment, before clearing funds for receipt by your Alipay account.



3.6 Payment

A. Payment using the Services may only be made to merchants who are registered and approved by Alipay (“Merchants”).

B. When you make a payment from your Customer Account, Alipay will, upon conducting all necessary checks and verification, authorize the transfer of the necessary electronic funds including any applicable fees or charges, from your Customer Account.

C. You acknowledge and agree that if there are insufficient funds in your Customer Account to make the necessary payment, Alipay will not authorize the payment and has the right to cancel the transaction. Alipay shall not be liable for any loss, damage or liability suffered or incurred by you from a transaction being cancelled due to insufficient funds in your Customer Account.



3.7 Restricted activities

A. In connection with your use of the Alipay website, Platform, or the Services, or in the course of your interaction with Alipay, another Customer, a Merchant or any other third party through the Alipay website, you must not:

i. breach these Terms and Conditions, the Privacy Policy or any other policy featured on the Alipay website;

ii. violate any laws, regulations or third party rights;

iii. infringe Alipay's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

iv. impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;

v. act in a manner that is defamatory, libellous, unlawfully threatening or harassing;

vi. provide false, fraudulent, inaccurate or misleading information;

vii. unreasonably refuse to cooperate in an investigation by Alipay or provide confirmation of your identity or other requested information to Alipay;

viii. attempt to receive funds from both Alipay and a Merchant or other third party seller for the same transaction by submitting similar claims;

ix. use an anonymizing proxy;

x. control a Customer Account that is linked in any way to another account that has or suspected to be engaged in any restricted activities under these Terms and Conditions;

xi. use the Alipay website, your Customer Account or the Services in a manner that results in or may result in complaints, disputes, claims, fines, penalties and other liabilities to Alipay, another Customer, a Merchant, or third parties;

xii. take any action that imposes an unreasonable or disproportionately large load on our infrastructure or such other action that would pose a material risk or issue to our infrastructure;

xiii. distribute viruses, trojan horses, worms, or other computer programming technologies that may harm the Alipay website, or the interests or property of any other Customers, Merchants, and any other third parties, including other users on the Alipay website;

xiv. attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;

xv. distribute or promote obscene, pornographic, indecent or offensive material or any material that goes against any public policy and/or any applicable laws or regulations;

xvi. by way of act or omission, do anything that may cause us to lose any services from our internet service providers, payment processors, or other suppliers;

xvii. interfere with another’s utilization and enjoyment of the Platform or Services;

xviii. circumvent or manipulate our fee structure, billing process, or the fees owed to Alipay;

xix. transfer your Customer Account to another third party without our prior written consent;

xx. use the Services for, or in relation to, any illegal purpose or criminal activity of any nature, including, without limitation, the purchase of illegal downloads;

xxi. use the Services to facilitate any sale or purchase of any goods and/or services which infringe the intellectual property or other proprietary rights of any third party or prohibited goods and/or services; or

xxii. facilitate any illegal or unlawful or fraudulent activity of any nature.

B. If we reasonably suspect that you are engaging in any of the restricted activities as set out in clause 3.7A above, we may, without any liability to you, take the following action(s):

i. report any suspicious or illegal activity to the relevant authorities;

ii. cancel or refuse any transactions;

iii. suspend or close any Customer Accounts;

iv. apply, at our sole discretion, prevention and detection procedures and refuse the execution of transactions if there are grounds to suspect that a Customer Account is being, or may be, used for illegal, unlawful or fraudulent purposes; or

v. take further steps as Alipay, in its reasonable discretion, may deem necessary, including taking legal action against you.

C. If we close your Customer Account, we will provide you with notice of the closure at the earliest time possible.

D. In the event of the suspension of your Customer Account, we will inform you of the suspension whenever reasonably possible, and provide you with the opportunity to request for restoration of access if and when appropriate. Any restoration of access shall be at Alipay's discretion and shall be subject to Alipay’s prevailing policies and procedures.



3.8 Closure of Customer Account

A. You may request that Alipay closes your Customer Account at any time by contacting Alipay’s customer support team. Contact details of the Alipay customer support team are available on the Alipay website.

B. Closure of your Customer Account will not cancel any cleared transactions which you have already undertaken electronic funds via your Customer Account.

C. In the event we close a Customer Account, we will contact the relevant Customer to arrange for the refund of any residual electronic funds in that Customer Account.

D. You remain liable for all obligations related to your Customer Account for a period of one hundred and eighty (180) days after the closure. Closure of your Customer Account does not relieve you of any liability pertaining to your Customer Account during this period. In the event of a pending investigation at the time your Customer Account is closed, Alipay may continue to hold your funds for up to one hundred and eighty (180) days from the date of closure in order to protect Alipay against, without limitation, any risk of reversals.

E. If you do not log in to your Customer Account for more than six (6) months, and there are no funds remaining in your Customer Account, Alipay may in its discretion treat your account as dormant and may suspend your Customer Account. If your account is suspended, you should contact Alipay’s customer support team to reactivate your Customer Account. Alipay will reactivate your Customer Account at its sole discretion and subject to Alipay’s prevailing policies and procedures.

F. Alipay may, at any time and at its absolute and sole discretion, discontinue your use of the Customer Account or the Services or any part thereof. Alipay shall endeavour to provide notice of any such discontinuation of your Customer Account or the Services. You agree that Alipay shall not be liable to you in relation to any inability of yours to access your Customer Account or the Services or any part thereof.

G. Alipay will refund any electronic funds which is in your Customer Account as soon as practicable after its closure through any payment method Alipay deems in its discretion most suitable, on the condition that you provide Alipay with either:

i. valid bank account details where the name and address details of that bank account’s holder match the name and address details of your Customer Account; or

ii. a copy of a valid form of ID (e.g. a passport or driving license), which Alipay may accept at its sole discretion. Alipay has the right not to return to you any disputed funds or any funds which relate to a breach of these Terms and Conditions until such time such a dispute has been resolved or where a court of a competent jurisdiction has decided on the matter.

H. Alipay reserves the right to carry out any necessary money laundering, terrorism financing, fraud, or any other illegal activity checks before authorizing any withdrawal of your funds, including returning any funds to you after you have closed your Customer Account.

 

4. AVAILABILITY OF SERVICES

Alipay may, from time to time and without giving any reason or prior notice to you, upgrade, modify, suspend or discontinue the provision of, or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

 

5. CASHBACK

A. You may be entitled to receive cashback into your Customer Account through various incentive programs and/or promotional activities carried out in conjunction with Merchants and/or our Business Partners (“Cashback Funds”).

B. Your use of Cashback Funds is subject to the following restrictions:

i. a minimum spend requirement, as may be imposed from time to time at Alipay’s sole discretion; and

ii. an expiry date for your use of the Cashback Funds, as may be notified to you from time to time.

C. Cashback Funds are non-refundable and cannot be cashed out from your Customer Account to your bank account.

 

6. PROMOTIONAL ACTIVITIES

6.1 Promotional Campaigns

If you participate in any of our promotional campaigns you are deemed to have also acknowledged and agreed to the terms and conditions of the respective campaign as published online.



6.2 Promotional material and marketing

A. You consent to and authorize our use of any information provided by you (including Personal Data) for the purposes of sending information and promotional notifications to via e-mails, phone-calls, SMS, social networks, push notifications, in-app notifications, and communication apps.

B. You may subsequently opt- in to receive promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.

C. To opt out of receiving any promotional or informational notifications at any of the above mentioned communication channels please contact our customer support via phone or e-mail.



6.3 Hyperlinks

We may include hyperlinks to other websites or content on the internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing any such linked websites. Any hyperlinks to any such websites or content do not constitute an endorsement of such websites or content by us and you agree that your access to or use of such linked websites or content is entirely at your own risk.



6.4 Advertising

We may attach banners, java applets and/or such other material to the Platform for the purposes of advertising Alipay’s or our Business Partners’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.

 

7. REPRESENTATIONS AND WARRANTIES

By accepting these Terms and Conditions, you represent and warrant that you are not violating any applicable laws or regulations through your use of the Alipay website, your Customer Account and/or the Services, and you agree to defend, indemnify and hold Alipay, its Indemnitees, affiliates and authorized representatives harmless from any claim, demand (including legal fees and costs), fines, penalties or other liability incurred by Alipay due to or arising out of your breach of this representation and warranty. Alipay may report any suspicious activity to the relevant authorities.

 

8. INTELLECTUAL PROPERTY

8.1 Ownership

The Intellectual Property in and to the Platform and the Alipay Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce our Intellectual Property rights to the fullest extent of the law.



8.2 Restricted use

No part or parts of the Platform, or the Alipay Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any server, system or equipment without our prior written permission of the relevant copyright owners. Permission will only be granted to you to download, print, or use the Alipay Materials for personal and non-commercial uses, provided that you do not modify the Alipay Materials and that we or the relevant copyright owners retain all copyright and other proprietary rights contained in the Alipay Materials.



8.3 Trademarks

Nothing on the Platform and in these Terms and Conditions shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including, as a meta tag or as a ‘hot’ link to any other website) any trademarks displayed on the Alipay website and Platform, without our written permission (or that of any other applicable trademark owner, as may be relevant).



8.4 Submissions by you

You grant us a non-exclusive license to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to questions, reviews, comments, and suggestions. When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions you make. We may at our sole discretion publish, remove or edit your submissions.

 

9. COOKIES

A. A cookie is a small piece of information that is placed on your computer which may track your activity within the Platform.

B. We use cookies for the following purposes:

i. enabling certain features and functions on the Platform, including but not limited to remembering your username, browsing preferences, and other Service preferences;

ii. building up a profile of how you and other users use the Alipay website;

iii. improving the efficiency of the Platform;

iv. administering Services to you and to our advertisers; and

v. establishing usage statistics on the Platform.

C. Most internet browsers provide you the option of turning off the processing of cookies. You may turn off cookies while browsing the Platform but this may result in the loss of functionality, restrict your use of the Platform and/or delay or affect the way in which it operates.

 

10. DISCLAIMER AND LIMITATION OF LIABILITY

10.1 Disclaimer

Alipay does not have control of any items you may purchase online using the Services and cannot guarantee that online transactions will be completed by the other party. Alipay disclaims all liability for any goods or services offered for sale by its Merchants and will not be responsible for the delivery or the condition of any goods or services purchased from third parties.



10.2 No representations or warranties

The Services, the Platform and the Alipay Materials are provided on an ‘as is’ and ‘as available’ basis. All data and/or information contained in the Platform, the Services or the Alipay Materials are provided for informational purposes only. No representations or warranties of any kind, whether implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Alipay Materials. Without prejudice to the generality of the foregoing, we do not warrant:

i. the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Alipay Materials;

ii. that the Platform, the Services or that any of the Alipay Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;

iii. that the Platform, the Services or the Alipay Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and

iv. the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the internet.



10.3 Exclusion of liability

Alipay and its Indemnitees shall not be liable to you for any loss, cost, expense (including legal fees and expenses), damage, penalties or settlement sums whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

i. any access, use and/or inability to use the Platform or the Services;

ii. reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

iii. any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

iv. any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.



10.4 At your own risk

Any misunderstanding, error, damage, expense or loss resulting from the use of the Platform is entirely at your own risk.

 

11. TERMINATION OF SERVICES

11.1 Termination by us

In our sole and absolute discretion, we may, upon giving you notice at our earliest opportunity, terminate your use of the Platform, Services and/or disable your username and password with immediate effect. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever at our sole discretion, including a breach of any of these Terms and Conditions or where if we believe that you have violated any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the Services.

 

11.2 Termination by you

You may terminate your use of the Services by giving no less than seven (7) days’ notice in writing to us. Upon receipt of your termination notice, we will regard your notice as a formal request to us to close your Customer Account and the account closure process shall be in accordance with the provisions set out in this Terms and Conditions.

 

12. NOTICES

12.1 Notices from us You agree that all notices or other communications from us are deemed to have been given to you if:

i. communicated through any print or electronic media as we may select from time to time, will be deemed to be notified to you on the date of publication or broadcast; or

ii. sent by post or left at your last known address, received by you on the day following such posting or on the day when it was so left.

12.2 Notices from you

You may only give notice to us in writing sent to our designated address or e-mail address (as may be amended from time to time), and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

12.3 Other modes of notifications

Notwithstanding Clauses 12.1 and 12.2, we may from time to time designate other acceptable modes of giving notice (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

 

13. GENERAL TERMS

13.1 Cumulative rights and remedies

Unless otherwise provided under these Terms and Conditions, the provisions of these Terms and Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy at law or in equity.



13.2 No waiver

Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect our right to later enforce these Terms and Conditions.



13.3 Severability

If at any time any provision of these Terms and Conditions become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.



13.4 Rights of third parties

A person or entity who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms and Conditions.



13.5 Governing law

Use of the Platform, the Services, and these Terms and Conditions shall be governed by and construed in accordance with Malaysia law and you hereby submit to the exclusive jurisdiction of the Malaysia courts.



13.6 Injunctive relief

We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.



13.7 Amendments

We may, by giving you at least twenty one (21) days’ notice through the Platform, or by such other method of notification as we may designate (which may include notification by way of e-mail), vary these Terms and Conditions, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate your use of the Services. Our right to vary these Terms and Conditions in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these Terms and Conditions.



13.8 Correction of errors

Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.



13.9 Language

These Terms and Conditions are available in English and Bahasa Malaysia and language in which the Customer accepts these Terms and Conditions will be the effective language of this agreement.



13.10 Entire agreement

These Terms and Conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.



13.11 Binding and conclusive

You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us and/or our service providers relating to or in connection with the Platform and/or Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.



13.12 Sub-contracting and delegation

We reserve the right to delegate or sub-contract the performance of any of our functions or obligations in connection with the Platform and/or Services to any service provider, subcontractor and/or agent on such terms as we may deem appropriate.



13.13 Assignment

You may not assign your rights under these Terms and Conditions without our prior written consent. We may assign our rights under these Terms and Conditions to any third party at our sole discretion.



13.14 Force Majeure

We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

 
 

SCHEDULE 1

 

DEFINITIONS

Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions:

“Business Partners” means external third party vendors and merchants.

“Cashback Funds” is defined under clause 5 of these Terms and Conditions.

“Customer” means an authorized user of the Platform and/or the Services.

“Customer Account” is defined under clause 3.1 of these Terms and Conditions.

“Foreign Language Version” is defined under clause 13.9 of these Terms and Conditions.

“Alipay Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Platform and the functionalities and/or services provided on the Platform.

“Indemnitees” means Alipay’s respective officers, employees, directors, agents, contractors and assigns.

“Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits,privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

“Merchants” is defined under clause 3.6 of these Terms and Conditions.

“Personal Data” means data which can be used to identify, contact or locate an individual. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. Personal Data shall be deemed to include any data that you have provided to us when using the Services, regardless of whether you have an account with us.

“Platform” means (a) both the web and mobile versions of the website operated and/or owned by Alipay; and (b) the mobile applications made available from time to time by Alipay, including the iOS and Android versions.

“Registration Information” is defined under clause 3.2 of these Terms and Conditions and may include Personal Data.

“Services” is defined under clause 3.1 of these Terms and Conditions.