Terms & Conditions

Last updated: 22^nd of February 2021

General

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.

These Terms and Conditions shall be deemed to include our Privacy Policy and any Additional Policies. We may assign or change or amend any part or parts of our rights under this Terms and Conditions without prior notification. The Terms and Conditions and Privacy Policy constitute a legally binding agreement between us and you.

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.

Definitions

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.

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.

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.

Pay4u Business Account

In order to use our Services, you are required to create Pay4U Business account and provide us the following information:

• Company’s Name
• Company’s Registration Number
• Authorised Person’s Name
• Authorised Person’s NRIC number
• Phone Number
• Email

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.

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:

• you claim that you did not authorise the payment and/or
• you claim that you did not provide your login details and/or password to any other individual

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:

• amending and/or cancelling any payments that you have setup but for which any details have since changed
• providing us with the correct beneficiary information, including but not limited to the correct day on which the payment is to be made, the correct bank account details of the beneficiary and the correct amount of the payment

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.

Representations and Warranties

You represent, warrant and agree to Pay4U Business that:

• these Terms & Conditions constitutes a legal, valid and binding obligation of yourself and/or the entity you represent in using the Service;
• you shall comply with all the terms and conditions stated herein and all the applicable law, rules and regulations at all times;
• you undertake not to use Pay4U Business for any unlawful purposes and/or to conduct any unlawful activity including but not limited to fraudulent, money laundering and/or terrorist financing activity;
• all information supplied to Pay4U Business by you is, or at the time it is supplied will be, accurate in all material respects and you will not omit or withhold any information which would make such information inaccurate in any material respect
• you will provide to Pay4U Business on request such information regarding your financial and business affairs and/or identity, as Pay4U Business may reasonably require;
• you will take all reasonable steps to obtain and provide to Pay4U Business all information and documents relating to any or all Payments set up by you on the platform;
• You agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Pay4U Business’s provision of the Services, evaluating whether you have breached the Terms and/or handling any complaint against you.  If your failure to do so results in delay, or suspension or termination of, the provision of any Service, Pay4U Business shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination;
• You have obtained the necessary permission from your Beneficiary to allow us to contact him/her to collect any necessary information from them for the purposes of us providing the Services to you (and your Beneficiary) and/or for validating a Payment;
• Pay4U Business relies on representations and warranties made by you. These representations and warranties and those contained elsewhere in these Terms & Conditions are repeated in respect of each Payment; and
• You acknowledge and agree that you are solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Services are in compliance with the same.

Data Protection and Privacy Policy

For a complete description of how Pay4U uses and protects a User’s personal data, you may refer to the Privacy Policy.

By continuing to access and using the Services, you are deemed to accept the terms of the Privacy Policy. Please do not use our Services if you object to your personal data being used in the ways described in the Privacy Policy.

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.

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:

• for sending money to yourself or for any purpose of cash advance to your personal or any associated business accounts;
• for money laundering and financing terrorism;
• to provide yourself or any other person with a cash advance;
• on behalf of another party unless authorized by that party;
• for purpose other than paying for any good or services availed;
• other than for legitimate payment purposes;
• for gambling and related activity (such as lotteries, bidding fee auctions, sports forecasting or odds making, fantasy sports leagues, internet gaming, contests, sweepstakes, and games of chance);
• other goods and services subject to government regulation;
• sending or receiving potentially fraudulent funds;
• for submitting any inaccurate information, committing fraud or falsifying information in connection with your account or in order to create multiple accounts and to provide, if requested, confirmation of your identity or any other information you have provided to us, and to cooperate with any investigations of the same by us or our third-party delegates;
• for attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
• for attempting to scan, or test the security or configuration of the service or to breach security or authentication measures without proper authorization;
• for tampering or interfering with the proper functioning of any part, page or area of the service and any and all functions and services provided by us;
• for attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our service, or attempts at overloading, “imitation, by means of submitting a virus to our service, or;
• for disseminating or transmitting material that, to a reasonable person, may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
• for taking any action that may cause us to lose any of our services from our internet service providers, our payment processor or other suppliers;
• to infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy or disseminating, storing or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
• for using the service or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to directly or indirectly compete with or disrupt our activities;
• for using the service or any of its resources to solicit other users, business partners of our company or such other parties to become users or partners of other online or offline services directly or indirectly compete or disrupt or potentially compete or disrupt with us, including without limitation, aggregating current or previously offered service offerings;
• for using any user or third-party information from the service for any commercial purpose, including, but not limited to, marketing;
• for accessing, monitoring or copying any content or information from this service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permissions;
• for acting illegally or maliciously against the business interests or reputation of our company or the service; and
• for intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange.

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:

Service Charge	1.99%
Processing Fee	0.25% of the transaction amount or RM15.00 per transaction, whichever is higher unless otherwise stated
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.

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:

• Wrong account details of Beneficiary entered by you;
• Wrong amount entered by you;
• Duplicate entries created by you;
• Improper documentation provided by you and etc.

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.

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:-

1. You breach any terms and conditions stated herein and/or any applicable laws including but not limited to laws relating to terrorism financing and money laundering;
2. You use or Pay4U Business reasonably suspect that you use the service for any unlawful purposes and/or to conduct any unlawful activity including but not limited to fraudulent, money laundering and/or terrorist financing activity;
3. Pay4U Business reasonably suspects that the person logged onto Pay4U Business using your email address, username and password is not you or a person authorized by you or where Pay4U Business suspects that the access Pay4U Business’s account is for illegal, fraudulent or unauthorised uses; or
4. Pay4U Business reasonably suspects that the information provided by you is misleading and/or false and/or untrue.

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:

• Close, suspend, or limit your access to your account or the Services;
• Not processing your payment until we are satisfied that it’s towards an acceptable use, return, or reclaim funds;
• Update inaccurate information you provided to Pay4U Business;
• Refuse to provide Services to you in the future;
• Contact your bank or notify other Users, law enforcement, or impacted third parties of your actions;
• Take legal action against you.

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.

Closing Pay4U Business Account

You may request for closing of your Pay4U Business account by e-mailing us at any time at hellocs@i-serve.com.my.

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.

Taxes

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.

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 PAYERS OR THIRD PARTIES OR ANYTHING IN RELATION TO ANY CONTRACT OR TRANSACTIONS YOU MAY ENTER INTO WITH SUCH PAYERS 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 WHETHER OR NOT ARISING UNDER THE PAY4U APP; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) NEGLIGENCE, DEFAULTS, ACTS OR OMISSIONS ON OUR PART ARISING OUT OF THE PERFORMANCE OF OUR OBLIGATIONS UNDER OR HOWSOEVER ARISING UNDER THESE TERMS AND CONDITIONS (IV)ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VII) 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 (VIII) 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. IN ANY EVENT, OUR TOTAL LIABLITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, IN TORT, OR OTHERWISE IS LIMITED TO THE TOTAL FEES PAYABLE BY YOU TO US FOR THE TWELVE (12) MONTHS PRECEDING THE RELEVANT CLAIM.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

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. By using the content in 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.

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 AND WITHOUT ANY WARRANTY THAT REPAIR OR SUPPORT SERVICES WILL BE AVAILABLE IN RESPECT OF THE OPERATION OF THE PAY4U APP AND THE SERVICE. 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 YOU ACKNOWLEDGE THAT CONNECTIONS TO THE PAY4U APP WILL NOT OPERATE WITHOUT INTERRUPTION OR ERROR AND THAT UNPLANNED OUTAGES MAY OCCUR AND ARE TO BE EXPECTED.

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.

Indemnity

You agree to defend, indemnify and hold harmless our company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their staff members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Use, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third party rights, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or wilful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code or (viii) the acts, omissions and default of your agents or representative in relation to the Site and Services.

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.

Miscellaneous

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-:

1. Privacy Policy
2. FAQ

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.

C. Severability

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.

D. Assignability

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.

E. Notices

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 Service
Tel	:	03-7661 6211
Email	:	hellocs@i-serve.com.my

E. Amendments

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.