FPX Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY. BY USING FPX YOU AGREE TO BE BOUND BY THESE TERMS.
These terms apply to your access to, and use of all or part of this page including any website owned by PayNet where these terms are posted (“the Sites”). If you are using this page on behalf of any entity, you represent and warrant that you are authorised to accept these terms on such entity’s behalf and that such entity agrees to indemnify you and PayNet for violations of these terms. This agreement contains disclaimers and other provisions that limit our liability to you.
In this terms and conditions, "You", "Yours" means any person or entity using FPX (“Service”), unless otherwise stated. “PayNet”, "We", “Us” or "Our" will refer collectively to Payments Network Malaysia Sdn Bhd Sdn Bhd (836743-D) as the owner and operator of FPX unless otherwise stated. All references to a “Financial Institution” refer to the FPX participating bank(s) that offers the Internet Banking facilities that you are dealing with. All references to a “Merchant” refer to the FPX participating merchant(s) or seller(s) that subscribe to FPX as one of the payment options. All references to an “Acquirer” refer to the participating “Financial Institution” and/or “non-Financial Institution” who acquires Merchants to subscribe to FPX.
By accessing and using this page you hereby agree and accept the terms and conditions for FPX as contained herein. If you do not accept these terms, please immediately discontinue your access to this page. We may change the terms periodically without prior notice, so please check them from time to time as your continued use of this page signifies your acceptance of any changed term.
We are not responsible for interruptions or limitations to the Service which are caused or arise from the Merchant’s and/or the Financial Institution’s, as the case maybe, system capacity limitations, system repairs or modifications, or in response to suspected fraud, abuse, hacking or malicious viruses, or misuse of the internet network. You agree that the Service may be interrupted due to maintenance, updates or system or network failures and we disclaims all liability for damages caused by any such interruption or errors in functioning.
We are not responsible for any service outages, loss of data, inability to retrieve data, or service limitations or interruptions which are caused or arise from act or omission of the Merchant(s) and/or the Financial Institution(s). We are not liable for any incidental, punitive or consequential damages caused or arise out of such events.
While every care will be taken by us to provide the Service and ensure a high level of security, we disclaims all liability whatsoever for any loss, alteration, destruction or disclosure to any third party whomsoever, of any of your data or other data howsoever caused or arising including without limitation, delays, interceptions, non-deliveries or misuse as a result of any interruption, suspension or termination of our Service(s). Further, we cannot guarantee and does not warrant the accuracy of any data delivered to us by the Merchants who sells their products to you. By accessing and using this Page, you expressly understand and agree that we disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material that we receive from the Sites, Merchant(s) and Financial Institution(s).We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or document derived from the system and Sites.
We make no warranty that :
- the Service and the Sites will meet your requirements;
- the Service will be uninterrupted, timely, secure or error-free; and
- the results that may be obtained from the Service will be accurate or reliable.
We disclaim all liability for impossibility of access, poor use conditions caused by inappropriate equipment, disturbances attributable to internet service providers, saturation of the internet network or due to any other reason. We make no warranties or representations for the delivery of messages sent through our system to anyone.
We may collect your personal information such as email address for the purpose of sending you a written confirmation status of your payment instruction via FPX. This personal information is optional and will only be collected when you provide the details when completing the form in this page.
Online payment processing service
FPX facilitates a purchase made by you from a Merchant that is acquired by the Acquirer for FPX. This page stores information from you, such as payment instructions and personal information. We process payment transactions through FPX network or through a participating Acquirer, as applicable. When you chooses to pay for purchases made with FPX, you authorise us to submit charges (and, in the case of refunds, credits) to your Financial Institution. We will assist in accessing and processing the payment request via FPX. Purchases made through FPX are also subject to the terms governing you and your Financial Institution.
You may not use FPX to process payment transaction or transfer money between you and the Merchant that is unrelated to a purchase of a product/service. FPX may not be used to facilitate the purchase of cash equivalents or any illegal goods or services or for any other underlying illegal transaction.
You acknowledge and agree that your purchases through FPX are transactions between you and the Merchant and not with us.
By using FPX, you authorise the use of FPX to complete a payment request to the Merchant, and you authorise us to process the payment transaction with the Financial Institution that you have chosen.
You are responsible to obtain a transaction receipt from the Merchant when you use FPX to make a payment for the purchase. We are under no obligation to provide you with a receipt or other written confirmation in connection with the payment transaction made with an online Merchant.
If you have an enquiry regarding a payment made with FPX, or you believe there has been an error or unauthorised transaction regarding a payment transaction using FPX, please contact us at firstname.lastname@example.org
You hereby agree to release PayNet (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and against all claims, actions, losses, demands, costs, expenses and damages (actual and consequential) including legal costs on full indemnity basis of every kind and nature that you may incur or suffer arising out of or in any way connected with dispute between you and the Merchant(s) or between you and the Financial Institution(s).
Unless otherwise indicated, the copyright in this page and its contents, including but not limited to the text, images, graphics, sound files, animation files, video files, and their arrangement, PayNet and FPX logo, name, brand, images are the property of PayNet, and are protected by applicable Malaysian and international copyright laws. No part or parts of this page may be modified, copied, distributed, retransmitted, broadcast, displayed, performed, reproduced, published, licensed, transferred, sold or commercially dealt with in any manner without the expressed prior written consent of PayNet.
You also may not, without PayNet’s expressed prior written consent, insert a link to this page on any other website, frame or "mirror" any material contained on this page or on any other server. Any such unauthorised reproduction, retransmission or copying or modification of any of the contents of this page may be in breach of statutory or common law rights which could be the subject of legal action. If such event occurs, PayNet disclaims all liability which may arise from any such unauthorised acts.
Exclusion of liability
PayNet shall in no event be liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this page (or any third party link to or from this page), reliance on the information contained in the page, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.
This exclusion clause shall take effect to the fullest extent permitted by law.
You hereby irrevocably and unconditionally agree to indemnify and keep indemnified PayNet from all actions, liabilities, claims, losses, expenses and damages, including any legal fees that may be incurred by PayNet in connection with or arising from :
- your use or misuse of this page and the service(s) provided herein, or
- your breach of these terms howsoever occasioned, or
- any intellectual property right or proprietary right infringement claim made by a third party against PayNet in connection with your unauthorised use of such intellectual property rights on this page.
It is your responsibility to determine, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect or remit the correct tax to the appropriate tax authority. We are not responsible to determine, collect or remit the applicable taxes from any transaction unless stated otherwise. All fees related to our services are excluding any taxes or other deductions, unless stated otherwise. Any deduction or payment for any taxes is your sole responsibility.
These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this page and using FPX, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of this page.
PayNet makes no representation that the materials, information, functions and/or services provided on this page are appropriate or available for use in jurisdictions other than Malaysia.
This policy describes the way we collect, store, use and protects your personal information. You accepted this policy when you signed up for our service(s). We may change the terms of this policy at any time, so please check them on this page, from time to time, as your continued use of this page signifies your acceptance of any changed term.
Information we collect
We collect certain personal information about you from the information you submit on this page; the information we collect from the Financial Institution and non-Financial Institution; and the information we collect from other sources.The information you give to the Financial Institution that we may collected may include your name, email address, national registered identification number, phone number, financial account information such as bank account number and any other information that is required to assist and complete the transaction made using FPX.
Use of Information we collect
This notice relates specifically to submission of your personal information on this page to PayNet. We use your personal information for a number of reasons, including:
- to process your payment for purchases of products and services via FPX;
- to inform you about our products, events or promotional purposes;
- to respond to your enquiry and requests for information;
- to maintain appropriate records for internal administrative purposes;
- to detect, prevent or investigate security /peaches or fraud.
Release of information
Any personal data collected from an individual is for the purpose of transaction made using FPX. We do not disclose your personal information to any third party except when allowed or required by the law.
Rights and Storage
We will retain your personal information for as long as your personal information is needed to provide you our service(s). Your personal information is used, processed and stored in accordance with the all applicable laws relating to personal information. Any enquiries regarding your personal information, please contact us at email@example.com
FPX system does not accommodate any web caching to prevent storing of files/data in the hard disk cache and ensuring confidentiality of customer/business partner information.
You expressly agree that use of this page or website is at your sole risk. Neither PayNet nor its affiliates warrant that this page or website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this page or website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through this page or website.
In addition, PayNet does not warrant or represent that access to the whole or part(s) of this page or website, the materials, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.
This page is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability fitness for a particular purpose, accuracy, timeliness or completeness.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, negligence or other tortious behaviour, or under any other cause of action. You specifically acknowledge that PayNet is not liable for the defamatory, offensive or illegal conduct of third-parties and that the risks of injury from the foregoing rest entirely with you.
In no event will PayNet, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this page or website. You hereby acknowledge that this term is applicable whenever you access or use the content available on this page or website.
In addition to the terms set forth above neither, PayNet, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained in this page or website, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither, PayNet, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of the information contained in this page or website. Additionally, there are no warranties given as to the results obtained from the use of the said information.
Reference to any specific commercial product, process or service by trade name, trade mark, manufacture or otherwise by PayNet or its affiliates does not constitute an endorsement, a recommendation or a favouring by PayNet.
You are solely responsible in your actions when evaluating the quality, adequacy, completeness and usefulness of the services, content, advice, opinions and other information obtained or accessible through this page or website and making any decision to transact using this page or website based on any the information provided therein.