Last updated: 22nd of February 2021
The following terms and conditions govern your use of the Pay4U Business Website (hereinafter referred to as “Pay4U Business”) operated by i-Serve Payment Gateway Sdn Bhd (Company No. 201501003085 (1128417-K)) (hereinafter referred to as “Pay4U Business” or “us” or “we” or “our”).
By using and/or browsing the Website, you agree to be bound by and comply with the following terms and conditions stated below. Your use and activation of the Services upon activation has acknowledge that you have read and fully understood these Terms and Conditions prior to your access to and use of the Service.
Any person that you allow to access the Service using your Account shall also be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please do not continue with the Registration or Activation or Use of this Service.
When used in this Terms and Conditions, each of the following words and phrases shall have the meanings set out below:
“Additional Policies” means any and all other operating rules, policies, and / or guidelines in addition to the Terms and Conditions, that may govern the use of the Website and which is made known to you from time to time.
“Authorised Person” means any person or individual authorised to use and access of the Account.
“Beneficiary” means a business entity or individual authorized by you as the receiver of Payment Amount.
“Business Days” means any day excluding Saturday, Sunday and public holidays in the state of Selangor, Malaysia.
“Company/ies” means an organization that run business who is responsible on the whole operation that related to the organization.
“Services” means the services, provided by us on our Website or through any other means.
“Site” means the website located at pay4u.com.my/business and all related webpages or any other media in an electronic form.
“User”, “you” or "your" means you and any other person (authorized by you) or any entity using the Services.
“User Account”- means a user’s account that is created by an individual consumer or business for accessing and using Pay4U Business Services.
3. Pay4U Business Services
Pay4U Business offers a web-based portal which allows you to pay salaries, rentals and invoices using credit, debit card and/or FPX (hereinafter referred to as “Service”). Pay4U Business provides Services which enable Users to pay abovementioned transactions to a relevant Beneficiary which may be an employee and/or supplier via credit card, debit card and/or FPX. Pay4U Business is merely providing a service to facilitate the abovementioned transactions between yourself and your Beneficiary and we are not and do not hold ourselves out as a bank, remittance agent or payment systems or payment gateways and we do not offer banking, money remittance or payment system services as defined by the applicable laws. Pay4U Business is merely providing a platform for the purposes of transacting to respective Beneficiary/ies as requested or instructed by User.
4. Conditions Of Use
Registration. To access and use the Services, you must register for a Pay4U Business Account (“Account”) by providing your Company Name, Company Registration Number, Business Address, current active mobile phone number, a valid email address, and any other information indicated as required. We may reject your application for registration on Account, or cancel existing Account, for any reason, in our sole discretion.
User Account. Upon registration of Pay4U Business Account, each User is only entitled to have ONE Pay4U Business Account with each valid Company Registration number and email address. User who owns more than one company is allowed to use same phone number to register additional Pay4U Business account. Each User shall be solely responsible for maintaining the confidentiality and security for all activities that occur under your account. No User may share, assign, or permit the use of your User Account and/or password by another person and/or third party outside the User’s own business entity. We shall not be liable and responsible for any losses or damages from your failure to maintain the security of your Account. You must notify us immediately if you become aware of any unauthorized use of password or account or any breach of security of your account by any unauthorised person and/or third party.
Capacity. You represent and warrant that if you are an organisation, you are duly organised and validly existing and have full power and authority to enter into (user must be at the legal age of 18 and above under no legal disability or incapacity), and take all necessary steps to enable you to lawfully enter into Terms and Conditions and the transactions contemplated herein, and perform obligations as mentioned herein.
5. Pay4u Business Account
In order to use our Services, you are required to create Pay4U Business account and provide us the following information:
You agree to provide at all times complete, accurate, and up-to-date information with regard to the above. Pay4U Business reserves the right to impose restrictions on access and usage of the Services and the volume, frequency, and delivery timeline of Payments submitted.
6. Your Responsibility
Login Details and password. You must protect your Pay4U Business login details and password and must not share your Pay4U Business login details and/or password with any unauthorised person. Consequently, you acknowledge to, and agree with us, that you are solely responsible for any payment that is using your login details and password, whether or not:
Payment details. You must provide us with accurate, sufficient, and valid details when you make a payment using the Pay4U Business service. Consequently, you acknowledge to, and agree with, us that you are solely responsible for:
If Pay4U Business has processed your payment according to your payment instructions, the payment will be considered correctly completed even if you made a mistake. Pay4U Business will not be held responsible for any inaccurate information provided during the payment process that may cause a delay in payments made to the beneficiary rendered.
7. Representations and Warranties
You represent, warrant and agree to Pay4U Business that:
To be compliant with the Anti-Money Laundering and Counter Financing Terrorism rules/guidelines Pay4U Business may obtain and conduct customer due diligence (CDD)/KYC checks on yourself and your beneficiaries. You authorize Pay4U Business, directly or through third parties, to make any inquiries we consider necessary to verify your identity, your beneficiaries identity and the respective documents. This may include asking you for further information, and verifying your information against third party KYC databases or through public and private sources. If Pay4U Business cannot establish you or your beneficiary’s identity, Pay4U Business has the right to deny you use of the Services.
9. Non-acceptable Use
All interactions on the Service must be lawful and must comply with these Terms and Conditions. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Service, we may limit your privileges on the use of our Services and seek other remedies. You agree not to engage or use the Services:
10. Payment Terms
Pay4U Business facilitates the processing of your payments on the services. We process payment transactions for your respective payments to the relevant financial institutions. Payments will be processed within two to five (2-5) business days to the respective financial institutions.
Pay4U Business will charge a fee to users who made a transaction using the service. The fees are charge on a per transaction basis where it is payable in addition to the payment amount. The charges are as follows for all types of payment method:
|Processing Fee||0.25% of transaction amount or minimum of RM 5.00 per record, whichever is higher|
|Refund Fee||RM10.00 per transaction|
We accept all major local credit cards issued by Mastercard and VISA.
The transaction limit for per transaction shall be the sum of Ringgit Malaysia One Hundred Thousand (RM100,000.00) and Ringgit Malaysia Three Hundred Thousand (RM300,000.00) per month only, as the case may be, Pay4U Business reserves the right to revise the transaction limit.
In accessing and using the Web and/or Services, you shall be fully responsible and liable for all charges and payment due to your communications services provider to access the Web and the Services including but not limited to telephone charges and internet/data charges
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.
Pay4U Business will not be held responsible for any inaccurate information provided during the payment process that may cause a delay in payments made to the vendor / service rendered.
11. Refund Policy
In any case if your payment is not processed or wrongly processed for any reason including but not limited to the following reasons:
Pay4U Business shall not be responsible for any delays in payments or incorrect transferring of the Payment Amount. Pay4U Business may choose to assist the user out of goodwill in contacting the party that received the payment to request a refund to be issued to the user. However, Pay4U Business shall not be liable to reimburse any Payment Amount or to reverse any transaction that has been made as a result of the user’s error or negligence.
In the case that Payment should be refunded, cancelled or charged back by the user’s issuing bank or any other person, the user is entitled to the return/refund of the principal amount excluding any associated Pay4U Business Service Charge, Processing Fee and Refund Fee, irrespective of the reason for such refund, cancellation or charge back.
In the case that the User has requested a refund but the payment has been processed and sent to the financial institution, a refund/cancellation/return cannot be performed. The user is also responsible for the payment of any associated payment dispute and refund fees.
12. Suspension, Termination and Cancellation of Account
We reserve the right to restrict and/or suspend and/or terminate your Pay4U Business’s account at any time and without incurring any liability by giving you a notice in writing with immediate effect in the event that:-
Pay4U Business may reject any payment that is believed to be unauthorized or made by someone other than the account holder, may violate any law, rule or regulation, or if Pay4U Business has reasonable cause not to honour it.
If any single transaction is investigated and is determined to be fraudulent, Pay4U Business may terminate the relevant user’s account and such default and fraudulent transaction may be reported to legal authorities.
Pay4U Business may request more information relating to your use of the Services to seek to identify any non-acceptable use listed above. You agree to cooperate in any investigation and to provide confirmation of your identity and any information you provide to us, as we may require.
If we have reason to believe that you have engaged in any non-acceptable use, Pay4U Business may in its sole discretion and at any time, take any or all of the following actions:
Pay4U Business will provide you with notice of any of the above actions. If applicable, Pay4U Business may request more information regarding your use of the Services to better determine whether any non-acceptable usage has occurred.
13. Closing Pay4U Business Account
You may request for closing of your Pay4U Business account by e-mailing us at any time at firstname.lastname@example.org.
The company is fully liable on the account assign to the authorised person, and it is solely your responsibility to inform Pay4U Business to cancel the account access upon request. You will remain liable for all obligations related to your account even after your Account is closed, including any fees or charges already due to Pay4U Business. You may not close your account to evade an investigation. Pay4U Business also reserves the right to close your account at any time with or without notice to you.
Any Payments processed prior to account closure will be completed, all Payments has not yet passed at the time of account closure will be considered cancelled.
Pay4U Business may retain data associated to your usage of the Services in accordance with applicable regulatory and compliance obligations.
It is your responsibility to determine what, if any, taxes apply to the Payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Our company is not responsible for determining whether taxes apply to your Payment transaction, or for collecting, reporting or remitting any taxes arising from any Payment transaction.
15. Limitation of Liability
YOU AGREE THAT OUR COMPANY IS MERELY PROVIDING A PLATFORM AND THEREFORE, YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR (A) ANY BREACHES, FRAUD, DISHONESTY, MISFEASANCE OR FAILURE TO DISCHARGE ANY DUTY OF CARE OR OBLIGATIONS ON THE PART OF ANY THIRD PARTIES CONTRACTING WITH YOU ON THE SITE AND (B) ANY CLAIMS FOR INJURIES, ILLNESSES, DAMAGES, LIABILITIES AND COSTS (“LIABILITIES”) THAT YOU MAY SUFFER, DIRECTLY OR INDIRECTLY, IN FULL OR IN PART AS A RESULT OF THE ACTS OR OMISSIONS OF SUCH PAYORS OR THIRD PARTIES OR ANYTHING IN RELATION TO ANY CONTRACT OR TRANSACTIONS YOU MAY ENTER INTO WITH SUCH PAYORS OR THIRD PARTIES, WHETHER RELATED TO THE USE OF THE SERVICE AND/OR THE SITE.
GENERAL LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO AND HEREBY WAIVE AND RELEASE OUR COMPANY, ITS SUBSIDIARIES, AFFILIATES PARTNERS, OFFICERS, DIRECTORS, STAFF MEMBERS, STOCKHOLDERS AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO (I) ANY BREACHES, MISFEASANCE OR FAILURE TO DISCHARGE ANY DUTY OF CARE OR OBLIGATIONS ON THE PART OF ANY LANDLORDS OR THIRD PARTIES CONTRACTING WITH YOU ON THE SITE AND/OR (II) ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, (INCLUDING, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. WHILE RECEIVING AND PROCESSING PAYMENTS WE MERELY ACT ON THE INSTRUCTIONS OF OUR USERS AND WE SHALL NOT BE LIABLE FOR ANYTHING EITHER BEFORE PROCESSING OF THE PAYMENT OR AFTER WE HAVE PROCESSED THE PAYMENT.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
16. Intellectual Property
Each Party shall retain all rights, title and interest to its own Intellectual Property Rights. We do not claim any intellectual property rights over the information and materials you provide to Pay4U Business. providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “IP Rights”) you have in that content or associated with your store in connection with our provision, expansion, and those assignees’, and those sub-licensees’ use of that content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such information and materials you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Terms and Conditions. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any IP Rights. Pay4U Business takes no responsibility and assumes no liability for any contract provided by you or any third party.
All rights not expressly granted by Pay4U Business to you in these Terms are hereby reserved by Pay4U Business. There are no implied rights. You may not use, imitate, or copy in whole or in part, any Pay4U Business trademark, service mark, trade dress, logo, or other branding without, in each instance, Pay4U Business prior written consent, in Pay4U Business’s discretion. All permitted use of Pay4U Business’s Marks will inure to the benefit of Pay4U Business.
As between the Parties, the Web and Services, including, without limitation, any and all software, documentation, images, video content, logos, page headers, custom graphics, design and user interface elements, scripts, and other materials contained therein or provided in connection therewith, and all modifications, enhancements and updates thereto, as well as all IP Rights associated with any of these materials are owned by Pay4U Business and/or its third party sponsors, partners, and suppliers. You have no right or license in or to the Pay4U Business’s IP other than the right to use the Services, in compliance with the Terms, during the applicable subscription period.
17. Disclaimer of Warranty
Without prejudice to the foregoing, you expressly agree that use of this Site and the application is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither our company, its subsidiaries, affiliates or any of their respective staff members, agents, licensors, or any of their officers, directors, staff members or agents, warrant that use of the Service will be uninterrupted or error free; nor do they make any warranty as to (a) the results that may be obtained from use of this site, or (b) the accuracy, reliability or content of any information or service provided through this Site and the Application. The Service are made accessible on an “as is” and “as available” basis. We hereby disclaim any representations, warranties and conditions, whether express or implied, including those to title non-infringement, merchantability, and fitness for a particular purpose.
The Service is controlled and offered by us from our offices in Malaysia. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions will have to satisfy themselves and ensure that they comply with local law or regulations.
19. Amendment and Modification of Terms and Conditions
Pay4U Business reserves the right at its absolute discretion, from time to time, to vary, add to, delete or otherwise amend these Terms and Conditions or any part thereof immediately of such changes, additions, or deletions. Your continued use of the Service after the effective date of any variation, addition, deletion or amendments to these Terms and Conditions shall constitute your unconditional acceptance of such variation, addition, deletion or amendments. You are advised to visit the Pay4U Business’s Website from time to time to keep updated of the latest variation to these Terms and Conditions.
A. Entire Agreement
This agreement constitutes the entire agreement between the you and Pay4U Business and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and Pay4U Business, whether written or oral, relating to our Services. Further the following documents are incorporated into these terms and conditions-:
In the event of any inconsistency between these Terms & Conditions and the abovementioned documents, these Terms & Conditions shall prevail.
B. Reservation of Rights
The failure of either party to exercise in any respect any right provided in this Agreement will not be deemed a waiver of such rights.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement, and any rights and licences granted hereunder, are not assignable, transferable or sub-licensable by you except with our company’s prior written consent, but may be assigned by us without restriction. Any attempted transfer or assignment is violation hereof and shall be null and void.
If you have any queries relating to this Terms and Conditions, please contact us during office hours between 9.00 am to 6.00pm, Mondays to Fridays:-
|Contact Person||:||Customer Care Support|
We can change these Terms and Conditions at any time and from time to time at our discretion. We will notify you of any such changes by sending you an email to the email address for your account and/or by informing you of the change the next time you log in to your Pay4U Business account. If you continue to use the Pay4U Business service after we have notified you of the change, you will be bound by the revised Terms and Conditions.
F. Independent Contractors
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever.
G. Governing Law
The terms and conditions stated herein shall be governed and interpreted in accordance with the laws of Malaysia and disputes arising thereof and/or in connection with these terms and conditions shall only be submitted to the exclusive jurisdiction of the Courts of Malaysia.
Purpose of Notice
How and When We Collect Your Personal Data
Access to and Correction of Your Personal Data
Updates to our Privacy Statement
Protection Of Personal Data
Retention Of Personal Data