CUSTOMER TERMS AND CONDITIONS

These Customer Terms and Conditions govern your access of the services, as defined under these Terms and Conditions. By accessing our Services, you, the Customer, agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not access and/or use this services.

1.     DEFINITIONS

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

1.2     Under these Terms of Use, where the words ‘include’, ‘includes’ or ‘including’ are used, they will be deemed to be followed by the words ‘without limitation’.

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

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

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

Words used in these terms and conditions have the following meanings:-

“wanna”, “our” or “us” means wannaPay Sdn. Bhd. (Company Registration No. 201701021729 [1235895-M]) and its affiliates.

“Calendar Day” means a day in the Gregorian calendar.

“wannaPay” means wanna’s virtual wallet in the form of a mobile device application used similarly to a real wallet to allow its registered users to purchase products and services using preloaded money or stored on the Card in the wallet.  

“wannaPay Account” means an account allocated to wannaPay User upon completion of registration at wanna’s software application on a mobile device. Each wannaPay Account is for payment and collection between wanna and the applicable wannaPay User.

“wannaPay Payment Service” means enablement of the wannaPay payment service to the Merchant for the purpose of accepting payment from wannaPay Users for wannaPay Transactions.

“wannaTalk” means chatting services and resides in wanna Platform.

“wannaFood” or “Iwanna” means on-demand services and resides in wanna Platform.

“wanna Platform” means the payment processing system developed by the wanna in which a wannaPay software application operates or resides.

“wannaPay Transaction” means any payment transaction effected or to be effected through the wanna Platform with the Merchant and includes payments made to the Merchant from the wannaPay User’s wannaPay Account;

“wannaPay User” means an individual end-user who has a wannaPay Account.

“QR Code Transaction” means any Payment Channels Transaction effected using QR Codes.

“QR Code (Dynamic)” refers to a unique and changeable code produced by the Merchant which has the Merchant’s account details and transaction information (including the amount payable) embedded within the code. QR Codes (Dynamic) can only be scanned once. The wannaPay User does not need to enter the amount when making payments using QR Codes (Dynamic).

“QR Code (Static)” refers to a fixed and unchangeable code provided by wanna to the Merchant which ONLY has the Merchant’s account details embedded within the code. QR Codes (Static) can be scanned repeatedly. The wannaPay User is required to enter the amount payable when making payments using QR Codes (Static).

“QR Codes” refers to Quick Response Code, a type of matrix barcode (or two-dimensional barcode) that contains information about an item to which it is attached. There are 2 types of QR codes i.e. QR Code (Static) and/or QR Code (Dynamic).

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

“Cashback Funds” is defined under clause 6 of these Terms and Conditions.

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

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

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

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

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

2.     ACCESS TO THE PLATFORM AND SERVICES

2.1     You agree to:

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

b.     Comply with all applicable laws of Malaysia relating to the Service, including without limitation to the Communication and Multimedia Act 1998, Financial Services Act 2012, Anti Money Laundering Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and their respective subsidiary legislation, which may be amended from time to time; ensure that any information or data you post or cause to appear on the wanna Platform in connection with the Services is accurate.

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

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

2.3     If you are below 18 years old, you must obtain consent from your parent(s) or legal guardian(s). By consenting to your acceptance of these Terms and Conditions, your parent(s) or legal guardian(s) are agreeing to take responsibility for:

a.     your actions in your access and use of the wanna Platform and/or the Services;

b.     any charges associated with your use of any of the Services; and

c.     your compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must cease accessing the wanna Platform and using the Services.

3.     GENERAL USE OF THE SERVICES

3.1     Description of wannaPay payment service

a.     wanna operates enables you to send and receive payments from third parties authorized and approved by wanna. wanna reserves the right to amend any functionality to send and receive payments from other users via the wanna Platform.

b.     Upon your registration with wanna, an online account which holds electronic funds for use in online wannaPay transactions wannaPay Account will be created for you.

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

d.     You understand and accept that:

• • • • • • • wanna is not licensed as a bank, nor do we provide banking services and/or functions which are integral or closely related to the banking business. wanna is not allowed to extend any form of credit or lending, nor engage in the business of accepting deposits;
            • The wannaPay Account is not insured by any government agency, and there is no voluntary or compulsory scheme in which wanna is a member which compensates the in the event wanna becomes unable to satisfy claims relating to your wannaPay Account or otherwise in relation to the Services; and
            • wanna does not act as a trustee or accept any fiduciary role in respect of the electronic funds in your wannaPay Account.

3.2     Registration

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

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

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

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

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

f.     issued to you by wanna; or

g.     created and provided by you.

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

3.3     Account information

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

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

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

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

3.4     Charges

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

3.5     Adding funds to your wannaPay Account

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

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

c.     Account Limit of RM 200.00 only for Basic user.

d.     Account Limit of RM 1,500.00 only for Premium user.

e.     Account Limit of RM 10,000.00 only for Premium+ user.

3.6     Payment Via wannaPay Account

a.     Payment using the Services may only be made to merchants who are registered and approved by wanna.

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

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

d.     Account Type:

3.7     Restricted activities

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

• • • • • • • breach these Terms and Conditions, the Privacy Policy or any other policy featured on the wanna system;
            • violate any laws, regulations, or third-party rights;
            • infringe wanna’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
            • impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
            • act in a manner that is defamatory, libellous, unlawfully threatening or harassing;
            • provide false, fraudulent, inaccurate, or misleading information;
            • unreasonably refuse to cooperate in an investigation by wanna or provide confirmation of your identity or other requested information to wanna;
            • attempt to receive funds from both wanna and a Merchant or other third-party seller for the same wannaPay transaction by submitting similar claims;
            • use an anonymizing proxy;
            • control a wannaPay Account that is linked in any way to another account that has or is suspected to be engaged in any restricted activities under these Terms and Conditions;
            • use the wanna system, your wannaPay Account or the Services in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liabilities to wanna, another Customer, a Merchant, or third parties;
            • take any action that imposes an unreasonable or disproportionately large load on our infrastructure or such other action that would pose a material risk or issue to our infrastructure;
            • distribute viruses, trojan horses, worms, or other computer programming technologies that may harm the wanna platform, or the interests or property of any other Customers, Merchants, and any other third parties, including other users on the wanna platform;
            • attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the wanna Platform or Services;
            • distribute or promote obscene, pornographic, indecent, or offensive material or any material that goes against any public policy and/or any applicable laws or regulations;
            • by way of act or omission, do anything that may cause us to lose any services from our internet service providers, payment processors, or other suppliers;
            • interfere with another’s utilization and enjoyment of the wanna Platform or Services;
            • circumvent or manipulate our fee structure, the billing process, or the fees owed to wanna;
            • transfer your wannaPay Account to another third party without our prior written consent;
            • use the Services for, or in relation to, any illegal purpose or criminal activity of any nature, including, without limitation, the purchase of illegal downloads;
            • use the services to facilitate any sale or purchase of any goods and/or services which infringe the intellectual property or other proprietary rights of any third party or prohibited goods and/or services; or
            • facilitate any illegal or unlawful or fraudulent activity of any nature.

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

• • • • • • • report any suspicious or illegal activity to the relevant authorities;
            • cancel or refuse any wannaPay transactions;
            • suspend or close any wannaPay Accounts;
            • apply, at our sole discretion, prevention and detection procedures and refuse the execution of wannaPay transactions if there are grounds to suspect that a wannaPay Account is being, or maybe, used for illegal, unlawful, or fraudulent purposes; or
            • take further steps as wanna, in its reasonable discretion, may deem necessary, including taking legal action against you.

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

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

3.8     Closure of wannaPay Account

a.     You may request that wanna close your wannaPay Account at any time by contacting wanna’s customer support team. Contact details of the wanna customer support team are available on the wanna website.

b.     Closure of your wannaPay Account will not cancel any cleared wannaPay transactions in which you have already undertaken electronic funds via your wannaPay Account.

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

d.     If you do not log in to your wannaPay Account for more than twelve (12) months, and there are no funds remaining in your wannaPay Account, wanna may in its discretion treat your account as dormant and may suspend your wannaPay Account. If your account is suspended, you should contact wanna’s customer support team to reactivate your wanna account. wanna will reactivate your wanna account at its sole discretion and subject to wanna’s prevailing policies and procedures. Under the prevailing Unclaimed Moneys Act, 1965, any monies classified as unclaimed moneys, e.g., balance in accounts not operated for 7 years or more, shall be transferred to the Registrar of Unclaimed Moneys (“the RUM”).

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

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

• • • • • • • valid bank account details where the name and address details of that bank account’s holder match the name and address details of your wannaPay Account; or
            • a copy of a valid form of ID (e.g., a passport or driving license), which wanna may accept at its sole discretion. wanna has the right not to return you any disputed funds or any funds which relate to a breach of these Terms and Conditions until such time such a dispute has been resolved or where a court of competent jurisdiction has decided on the matter.

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

4.     AVAILABILITY OF SERVICES

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

5.     WANNAREWARDS LOYALTY PROGRAMME

5.1     By using the Platform, you will automatically be a member of the loyalty programme named “wannaRewards Loyalty Programme” operated by the wanna and/or its Affiliates (“wannaRewards Loyalty Programme”, or as the context requires, the “Programme”).

5.2     Upon successful registration for a wannaPay account, all wanna Users shall automatically be accorded with “wannaRewards Member” status and may commence accumulating wannaPoints (“Points”) from qualifying transactions under the Programme. The wannaPoints Programme membership is non-transferable and shall be for the personal use of the wanna User only.

5.3     As a member of the wannaRewards Loyalty Programme, you will gain access to the e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits offered by the wanna and/or third-party merchants as shown on the rewards page that is made available from time to time in Platform (“Rewards”). wanna may, at its sole and absolute discretion, award you Points which can be used to redeem for Rewards upon the completion of the qualifying transactions. You may earn points by such methods as are provided for by wanna from time to time.

5.4     wanna may, at its sole and absolute discretion, change the rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from wanna any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.

5.5     Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold, or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

5.6     If you comply with all these Terms of Use and have the required number of Points, you may select and redeem applicable Rewards via the Platform. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of wanna or the third-party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.

5.7     You must use your e-vouchers redeemed during their applicable validity period. There shall be no extension of time for the validity period of any e-voucher redemption dates. You agree that you will have no claim whatsoever against wanna for any expired e-vouchers.

5.8     Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged, or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

5.9     Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.

5.10     wanna may at its sole and absolute discretion and without prior notice to you, reject your request to redeem Points for any reason whatsoever, including without limitation, where

a.     There are insufficient Points to redeem for the particular Reward;

b.     The Reward is no longer made available or out-of-stock by the third-party merchant

c.     The Points you wish to use for the redemption of Rewards have been issued to you in error; or

d.     wanna reasonably believes that that redemption transaction may be suspicious, illegal, involves any criminal activity or involves points that have been obtained through dishonest or fraudulent means or abusive behaviour

5.11     You may check your Points balance and redemptions made on the Platform. Your Points balance and redemptions as set out in the Platform shall serve as conclusive evidence of the same.

5.12     Upon your cessation to be a member of wanna, all then outstanding Points at such point of time shall be automatically cancelled. Points should be redeemed before ceasing membership as once cancelled, Points cannot be redeemed. No accumulation or carry-over of Points will be permitted even if you subsequently reinstate your membership.

5.13     wanna reserves the right to hold the issuance of Points earned until the transaction, including payment, is completed. Points earned from purchases from Partners will only be issued if the good(s) and service(s) purchased are not returned, cancelled, or refunded.

5.14     Fraud, abuse of redemptions or any dishonest activities related to the wannaPoints Programme may result in the forfeiture of accumulated Points as well as or termination of your account.

5.15     To the extent as permitted by applicable laws, wanna reserves the right at any time to:

a.     vary, modify, or amend the terms and conditions of the wannaPoints Programme (including adding or deleting any terms);

b.     terminate or modify the wannaPoints Programme;

c.     revoke, adjust and/or recalculate any Points awarded;

d.     change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;

e.     change the number of Points that can be earned on spending transactions;

f.     modify the qualifications and eligibility for earning Points;

g.     modify the activities that earn Points;

h.     modify the methods used to calculate the number of Points to be awarded; and/or

i.     withhold or cease the awarding of Points to you

without prior notice to you and at its sole discretion.

5.16     wanna may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.

5.17     You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.

6.     COLLECT/CASHBACK

6.1     You may be entitled to receive collect or cashback into your wanna account through various incentive programs and/or promotional activities carried out in conjunction with Merchants and/or our Business Partners.

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

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

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

7.     PROMOTIONAL ACTIVITIES

7.1     Promotional Campaigns

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

7.2     Promotional material and marketing

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

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

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

7.3     Hyperlinks

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

8     REPRESENTATIONS AND WARRANTIES

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

9.     INTELLECTUAL PROPERTY

9.1     Ownership

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

9.2     Restricted use

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

9.3     Trademarks

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

9.4     Submissions by you

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

10.     DISPUTED TRANSACTIONS

10.1     You are fully responsible for all products and services purchased when you make any payment through your account or anytime when you authorize and Authenticate amounts to be deducted from your account. You shall be fully responsible for ensuring that the wannaPay transaction amount is correct.

10.2     You are fully responsible for all products and services purchased when you make any payment through your account or anytime when you authorize and Authenticate amounts to be deducted from your account. You shall be fully responsible for ensuring that the wannaPay transaction amount is correct.

10.3     In the event that you discover any error or discrepancy in your account, you must contact us within fourteen (14) days from the date of the disputed wannaPay transaction, failing which you shall be deemed to have accepted the accuracy of your wannaPay transaction. In the event that it is revealed in the course of our investigation that the disputed wannaPay transaction was indeed made in error by us, we will refund the disputed sum in the manner as stated in our Refund Policy.

10.4     You agree and consent to the use by wanna and/or its employees, personnel and advisors of any information related to you, the particulars of the wannaPay transaction (s) or any designated account relating to the wannaPay transaction (s) for the purpose of investigating any claim or dispute arising out of or in connection with the disputed wannaPay transaction (s) and that this consent shall survive the termination of the Service and/or this Agreement. You further agree that in the event of a dispute or claim of any nature arising in respect of any wannaPay transaction, the records of the wannaPay transaction (s) generated by us shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim.

11.     REFUND POLICY

11.1     If you need a refund in respect of any fees or payments made towards the Service or any part thereof, please contact wanna at custcare@wannapay.com.my. Subject to wanna’s determining to its satisfaction that your money was wrongly deducted from your Account for Payment by wanna due to

a.     technical error of wanna where your attempted wannaPay transaction does not go through;

b.     services purchased in-app was not made available, wanna may refund to your account such money which was wrongly deducted.

11.2     Notwithstanding the above, you are only entitled to a refund if you have transacted for the following Service:

a.     Payment

b.     However, we shall not be responsible for settling any dispute that you may have with the Merchant for the purchased of goods and services using the Services. You shall be responsible for contacting the respective merchants for a refund for products or services purchased from the merchants. We shall not be liable for any disputes that you may have with the Merchant, and you hereby agree to pay us all Fees and Charges and the Merchant for the value of the wannaPay transaction, notwithstanding any dispute.

11.3     In the event you terminate the Service, and you are entitled to a refund, the sum shall be credited to a different account nominated by you. You shall provide to wanna all necessary information and documents for the purpose of refund upon request.

11.4     wanna reserves its right not to refund any disputed amount to you if wanna believe you acted in contrary to these terms and Conditions.

11.5     In the event the Service or your wannaPay Account is ceased, terminated or suspended by wanna 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 Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA) or any regulation and/or guidelines made thereunder), you shall not be entitled to obtain any refund of the Available Balance whatsoever and it shall be lawful for wanna to retain for an indefinite period or release to the relevant authorities the Available Balance 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.

12.     COOKIES

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

12.2     We use cookies for the following purposes:

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

b.     building up a profile of how you and other users use the wanna website;

c.     improving the efficiency of the wanna Platform;

d.     administering services to you and to our advertisers; and

e.     establishing usage statistics on the wanna Platform.

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

13.     DISCLAIMER AND LIMITATION OF LIABILITY

13.1     Disclaimer

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

13.2     No representations or warranties

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

• • • • • • the accuracy, timeliness, adequacy, commercial value, or completeness of all data and/or information contained in the wanna Platform, the Services or the wanna Materials;
          • that the wanna Platform, the Services or that any of the wanna Materials will be provided uninterrupted, secure, or free from errors or omissions, or that any identified defect will be corrected;
          • the security of any information transmitted by you or to you through the wanna Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the wanna Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees, or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the internet.

13.3     Exclusion of liability

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

• • • • • • any access, use and/or inability to use the wanna Platform or the Services;
          • reliance on any data or information made available through the wanna Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
          • any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive, or corrupting code, agent program or macros; and
          • any use of or access to any other website or webpage linked to the wanna Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

13.4     At your own risk

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

14.     TERMINATION OF SERVICES

14.1     Termination by us

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

14.2     Termination by you

a.     You may terminate your use of the Services by giving no less than seven (5) days’ notices in writing to us. Upon receipt of your termination notice, we will regard your notice as a formal request to us to close your wannaPay Account, and the account closure process shall be in accordance with the provisions set out in this Terms and Conditions.

15.     NOTICES

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

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

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

15.2     Notices from you

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

15.3     Other modes of notifications

a.     Notwithstanding Clauses 13.1 and 13.2, we may from time-to-time designate other acceptable modes of giving notice (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

16.     CUMULATIVE RIGHTS AND REMEDIES

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

17.     NO WAIVER

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

18.     SEVERABILITY

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

19.     RIGHTS OF THIRD PARTIES

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

20.     GOVERNING LAW

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

21.     INJUNCTIVE RELIEF

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

22.     AMENDMENTS

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

23.     CONTACTING US

23.1     If you have complaints, feedback, or believe a User on our wanna Platform is violating these Terms of Condition, please contact us:

a.     by using our feedback function located on our wanna Platform

b.     through email: custcare@wannapay.com.my

c.     through our hotline: +603-92123388.

23.2.     If you have any dissatisfaction or complaints on wanna’s e-Wallet, please contact the following authorities:

a.     Through BNMTELELINK

• • • • • • Address: Jabatan Komunikasi Korporat, Bank Negara Malaysia, P.O.Box 10922, 50929 Kuala Lumpur
          • Tel: 1-300-88-5465 (LINK)
          • Fax: 03-2174 1515
          • E-mail: bnmtelelink@bnm.gov.my
          • E-link: https://telelink.bnm.gov.my/

24.     CORRECTION OF ERRORS

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

25.     ENTIRE AGREEMENT

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

26.     BINDING AND CONCLUSIVE

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

27.     ASSIGNMENT

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

28.     FORCE MAJEURE

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