USER TERMS AND CONDITIONS

This Service (hereinafter defined) is made available by Parrot Pos Sdn Bhd, Registration Number: 202001022626 (1378946-T) (“PP”) subject to the Terms and Conditions herein (“Terms and Conditions”). You acknowledge that you have read and fully understood these Terms and Conditions prior to your access to and use of the Service. Your Activation and use of the Service constitutes your unconditional acceptance of these Terms and Conditions as may be amended by PP from time to time. 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 process or Activation.

Definitions

For the purpose of these Terms and Conditions, the following terms shall have the meanings as defined below:-

“Account”

means the Mobile App account created with PP when you register for the Service;

“Donate”

means the money contributed by all the users for each transaction or paying bill with charitable heart;

“Account Limit”

means the maximum limit for the Account which shall be the sum of Ringgit Malaysia Sixty Thousand (RM60,000.00) only, as the case may be PP reserves the right to revise the Account Limit;

“Activation”

means the point in time when the Service is activated in the Mobile App System;

“Main Wallet”

means the feature in the PP eWallet which allows you to add money and use that money to pay any bills in the app. Which means user will only use this money in the wallet to pay all kind of bills in the app;

“Earning Wallet”

means the feature in the PP eWallet which allows you to earn money and use that money to pay any bills in the app by transferring to Main Wallet or transfer to any of your bank account;

“Total Balance”

means the amount of money which is standing in credit in your Account, which is available for your use subject to the Account Limit and Transaction Limit herein imposed;

“Bank"

means the authorised Bank appointed by PP to act as a remittance agent for the Service;

“Activate your Wallet”

means the electronic process to validate the identity of a user by verifying the personal details of the user;

“Mobile Payment”

means the electronic money (e-money) services via Mobile App offered by PP to you;

“Mobile Payment System”

means the Mobile Payment system used by PP to provide the Service including the payment system platform commissioned by PP to facilitate the payment of services;

“Reload Wallet”

means the feature in the Mobile App which allows you to reload your Account including but not limited to the following manner whenever your Available Balance falls below the Account Limit:-

“Recent activity”

means which allows to track transactions activity and to further allow selected staff to access such information;

“Transaction History”

means which allows to track history record and to further allow selected staff to access such information;

“Mobile Application / Mobile App”

means the software applications that run on Mobile Devices;

“Mobile Device”

means a portable computing device such as a smartphone used by you for the Service;

“Add to Wallet”

means the feature of the Mobile App which allows for the transfer of money from Earning Wallet account to Main Wallet account;

“AMLATFPUAA”

means Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and includes the subsidiary legislation, guidelines, policies and other similar documents issued by the relevant federal or local authority and provisions of statute include such statutes and provisions as modified, recertified or re-enacted;

“Personal Information/Data”

means your information/data collected by PP for the provision of the Service, either directly or indirectly, including but not limited to your name, address details, telephone number and others;

"Reload"

means the deposit of money into the Main Wallet Account (subject to the Account Limit) via the Reload to enable you to use the Service;

“User”

means a customer or user who has successfully registered and allow them to use the PP service;

“Bill Payment”

means payment for mobile postpaid, utilities, electric bill, water bill and local council via PP mobile applications;

“Service”

means the provision of the Account and the enabling of the Transactions;

“Terms and Conditions”

means these terms and conditions for the Service as may be varied or modified from time to time at PP’s sole discretion;

“PP”

means Parrot Pos Sdn Bhd (Company No. 1378946-T);

“Transaction”

means the Mobile Payment transaction performed by you via the Service

“Transaction Limit”

means the transaction limit in accordance with Clause 1.6 herein;

1. Use of the Service

(A) The Account

2. Your Responsibility

2.1 You shall:-

2.2 You shall not:-

2.3 You acknowledge that the Service is, and shall remain, at all times, the property of PP and you shall:-

3. Privacy

3.1 Clause 3 herein shall be read together with the PP Privacy Policy which can be found on PP’s website. In the event of any inconsistencies, any interpretation or construction of this Clause and the PP Privacy Policy shall be read together to make the best commercial sense.

3.2 You agree that by registering for the Account, you consent for your Personal Information/Data to be used and/or disclosed in accordance with the Personal Data Protection Act 2010.

3.3 The Personal Information/Data provided by you may be held in a database and PP may use, store, analyse and transfer and / or exchange such information with all such persons as may be considered necessary. PP may use, disclose to third parties and process your Personal Information/Data provided by you to PP for the following purpose:-

3.4 PP may monitor and record all Transactions and communications that may take place between PP and you for PP's business purposes (including but not limited to quality control and training, prevention of unauthorised use of PP's telecommunication systems, ensuring effective systems operation and prevention and detection of crime).

3.5 You hereby agree, consent and allow PP to extract, disclose and release any information in the possession of PP relating to you (including your Personal Information/Data), the particulars of the Transaction(s) or any designated account relating to the Transaction(s) or any other data required for the purpose of investigating any claim or dispute arising out of or in connection with the Transaction(s) or to be used as evidence in court or in the event of any suspected misuse of the Service. You hereby agree that in the event of a dispute or claim of any nature arising in respect of any Transaction(s), the records of the Transaction(s) available from PP shall be used as sole reference and basis of settling such dispute or claim. Your agreement and consent under this Clause shall survive the termination of the Service.

3.6 In addition to the classes of users as stated herein, PP may additionally disclose your Personal Information to the following classes:

3.7 The Personal Information/Data requested by PP are mandatory which you must provide and agree to the processing of such Personal Information/Data. Should you decide not to provide any or all of the Personal Information/Data, PP will not be able to proceed with the provision of the Services.

3.8 Subject to the provision of the Personal Data Protection Act 2010, you shall have the right to access your Personal Information/Data by requesting for a copy of your Personal Information/Data and request to rectify or update your Personal Information/Data. You have the right to opt out from giving your consent for your Personal Information/Data to be used and/or disclosed by PP in the manner stated under this Clause 3 and under the Personal Data Protection Act 2010. If you wish to opt out, please visit your profile page in the Mobile Payment App and follow the instructions stated. Please note however that if you opt out from giving your consent, PP will not be able to continue to provide the Service to you and you will not be able to use the Service.

3.9 PP acknowledge that the document or information collected by PP from You relating to Your affair or account as a customer of PP will be only used and/or disclosed in accordance to the secrecy provisions under the Financial Services Act 2013 (FSA).

4. Termination & Suspension

4.1 Notwithstanding anything in these Terms and Conditions, PP may immediately change the procedures or mode of operation of the Service without giving any reason or notice to you.

4.2 In addition to PP’s rights under Clause 4.1, PP shall be entitled to immediately suspend or terminate your use of the Service (or any part thereof, including any benefits under the Service) and your access to the Account, with or without any notice to you, upon the happening of any of the following events:-

4.3 You may, at any time, terminate the Service by giving notice of such termination via the Mobile Payment App only. If you have any Available Balance in the Account, you must ensure that you provide to PP the correct bank account details and any other information as may be required by PP to enable PP to process the termination of the Service and refund the Available Balance to your bank account within thirty (30) working days. If you do not have any Available Balance in the Account, the Service shall be deemed to be terminated immediately upon receipt of the termination notice by PP via the Mobile Payment App or email from PP.

5. Consequences of Termination / Suspension

5.1 Upon termination of the Service by PP pursuant to Clause 4.2, PP may notify you of such termination whereupon, you must ensure that you provide to PP the correct bank account details and any other information as may be required by PP to enable PP to refund the Available Balance to your bank account within thirty (30) working days or within twenty-one (21) working days upon receipt of the correct bank account details and any other information as may be required by PP.

5.2 If PP terminates or suspends the Service or any part thereof pursuant to Clause 4, PP shall not be obliged to refund the Available Balance until and unless clearance has been obtained from the relevant authorities, if applicable.

5.3 PP shall not be liable for any losses or damages suffered by you due to any incorrect banking information provided by you.

5.4 The provisions of this Clause 5 are without prejudice to PP’s other rights and remedies under these Terms and Conditions or at law.

6. Reactivation

6.1 In the event the Account and/or Service has been suspended/inactive and you request for reactivation of the same, PP may at its absolute discretion reactivate the Account. User also able to carry out the eWallet reactivation automatically by paying bill or reload money to the eWallet within thirty one (31) days.

7. Refund or Adjustment Due to Error

7.1 If you discover any error or discrepancy in your Account, you must contact the PP within thirty (30) days from the date of the disputed transaction, failing which, you shall be deemed to have accepted the accuracy of your Transaction. If it is revealed in the course of PP’s investigation that the disputed Transaction was indeed made in error, PP will refund the disputed sum directly to your Account upon completion of the investigation which will not exceed sixty (60) days from your complaint. PP reserves its right not to refund any disputed amount to you if PP believe you acted contrary to these Term and Conditions.

7.2 Notwithstanding the above, any refund by PP shall not, in and of itself, amount to completion of the investigation. PP may refund such sums to your Account based on preliminary investigation results. Upon the completion of the full investigation, if it is discovered that you are not entitled to the refund, PP may, in their sole discretion, either adjust your account and deduct the refunded sums from your Account or claim such sums from you.

7.3 In the event any incorrect sum was deducted from your Account, PP shall have the right(s) to make the necessary adjustment or deduction from your Account as required.

8. Liability

8.1 This Service is provided on an “as is” and “as available” basis. PP disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to:-

8.2 PP will use reasonable endeavours to ensure that the Service is secured and cannot be accessed by unauthorised third parties.

8.3 You shall be solely responsible for any and all consequences of use or misuse of your Account, login credentials, and/or security credentials. You shall be responsible for all losses and payments (including the amount of any transaction carried out without your authority) due to your negligence or where you have acted fraudulently. For the purposes of this clause negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions.

8.4 PP shall not be liable or responsible to you and / or to any other third party(s) for any costs, loss or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the Service including but not limited to:-

8.5 Notwithstanding anything to the contrary contained herein, the maximum liability of PP shall not exceed in aggregate the sum of Ringgit Malaysia Four Thousand (RM4,000.00) only or an amount equivalent to the aggregate sum of the Available Balance and deposit (if any) of your Account at the date on which your claim arises, whichever is the lesser.

9. Indemnity

9.1 You shall indemnify and shall keep indemnified PP from any loss, damage, liability or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the breach of these Terms and Conditions, the use of the Account and Service,

content transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorised use or exploitation of the Services or part thereof.

9.2 You hereby agree to fully indemnify and to hold PP harmless from and against any claim brought by a third party resulting from your use of the Account, Service and PP’s website and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered, or incurred directly or indirectly by PP in consequence of such use of the Account, Service and PP’s website, and/or your breach or non-observance of any of these Terms and Conditions or any applicable terms and conditions of any new services which PP may provide from time to time.

9.3 You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against PP arising from the above claims, and shall provide PP with notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at your sole expense.

10. Governing Law

10.1 These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia, and you hereby submit to the exclusive jurisdiction of the Malaysian courts.

11. Force Majeure

11.1 Without limiting the generality of any provision in these Terms and Conditions, PP shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom PP has no control over or any cause outside PP’s reasonable control.

11.2 The Service may occasionally be affected by interference caused by objects beyond PP’s control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion in Mobile Payment System. In the event of such interference, PP shall not be responsible for any inability to use or access the Service, interruption or disruption of the Service.

12. Amendment and Modification of Terms and Conditions

12.1 PP reserves the right at its absolute discretion, from time to time, to vary, add to, delete or otherwise amend these Terms and Conditions. You are advised to visit the PP’s website from time to time to keep updated of the latest variation to these Terms and Conditions (if any).

12A. New Services

12A.1 PP may, at its sole and absolute discretion provide you with new services from time to time, and these new services will be governed by these Terms and Conditions and the terms and conditions of the respective new services.

13. Anti-Money Laundering, Anti-Terrorism Financing and Proceeds Of Unlawful Activities Act 2001 (AMLATFPUAA) & Financial Services Act 2013 (FSA).

13.1 PP acknowledges that the document or information collected by PP from you relating to your affair or account as a customer of PP will be only used and/or disclosed in accordance to the secrecy provisions under the Financial Services Act 2013 (FSA).

13.2 PP, its subsidiaries and officers shall comply in all material respects with the all applicable laws, regulations, guidelines and policies relating to AMLATFPUAA, including all, Regulations and Rules.

13.3 Without limiting the generality of the foregoing, to the extent required by the AMLATFPUAA, PP shall (a) maintain an anti-money laundering and anti-terrorism financing compliance program that is in compliance, in all material respects, with the AMLATFPUAA, (b) conduct, in all material respects, the due diligence required under the AMLATFPUAA in connection with the use of the Account, including with respect to the origin of the funds used by you to reload into the Account and (c) maintain sufficient information to identify you for purposes of compliance, in all material respects, with the AMLATFPUAA.

13.4 In the event your Account is ceased, terminated or suspended by PP due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013 and/or AMLATFPUAA or any regulation and/or guidelines made thereunder), you shall not be entitled to obtain any refund of the monies and all reload monies whatsoever in the Account and it shall be lawful for PP to retain for an indefinite period or release to the relevant authorities all monies in the Account in accordance with applicable legislation, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom from PP.

14. Intellectual Property Rights

14.1 All trademarks and other intellectual property rights used in relation to the Services belong to PP.

14.2 You acknowledge and agree that all trademarks and other intellectual property rights relating to the Services or any part thereof, whether presented to you by PP, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and all PP’s rights therein are expressly reserved.

15. Service of Notice

15.1 PP may, in its sole discretion, serve you notice under these Terms and Conditions by posting such notice on the PP’s website or any other online or other medium, which PP may introduce from time to time.

16. Severability and Effect of Terms and Conditions

16.1 If any of the provision herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.

17. Waiver

17.PP’s failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by PP in writing.

18. Assignment

18.1 You shall not assign or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. PP may assign these Terms and Conditions in whole or in part to any third party at its discretion.

19. Language

19.1 These Terms and Conditions are only available in the English language.

20. Inquiries or Complaints

20.1 For further information, enquiries or complaint on the Service, you may contact the PP at +60164112792 or +60174098001.

[End of Terms and Conditions] (Updated on 06-01-2021)