Terms & Conditions

Effective from 1 September 2021

1) This Agreement shall last from the date of execution until terminated by thirty (30) days written notice by either party.

2) By registering a BatterPay Account with us, you agree to appoint BetterPay as your service provider for payment integration and maintenance to apply and use your own FPX Seller ID. You should immediately cease use of BetterPay services should you disagree to BetterPay being your service provider for payment integration and maintenance.

3) The Merchant accept the transaction through BetterPay Payment Solution (the “Product”) developed by Pay Direct Technology Sdn Bhd (the “Company”).

4) BetterPay shall oversee the application of the merchant FPX Seller ID upon receipt of full documentation and cooperation. To prevent and reduce rejection rate during the application process, BetterPay shall only process and submit merchant’s application that we find adhere to our provider (banks, PayNet) requirements. BetterPay shall at all times be entitled to reject your application if you violate the acceptable use policy or any other reason as we deem fit.

5) During the term of the usage of the Product and after the termination, the Partner shall keep the confidential information and shall not disclose the confidential information to any person without prior consent of the Merchant.

6) The Transaction/Subscription Fee shall be in Malaysia Ringgit (“MYR”) unless agreed otherwise.

BetterPay Prepaid Account (selected acquiring banks)

7 a) The Transaction charged to the Merchant for the use of the Product are shown at https://www.betterpay.me/pricing

7 b) For Transaction Fee, please refer to the Transaction Fee Formula below:

Transactions conducted via BetterPay are on a prepaid basis. Prepaid basis means you are required to reload your BetterPay Account with credit before you can conduct any transactions.

The reload amount shall be in Malaysian Ringgit (MYR).

The minimum reload amount is RM10.

Pay-Per-Use RM1.50 transaction fees calculation:

Bank Charges + BetterPay Charges = RM1.50

e.g For Maybank Accountholders Bank Charges + BetterPay Charges = RM1.50

RM0.70 + RM0.80 = RM1.50

Bank Charge will be debited instantly from the merchant’s bank account after each successful transaction.

BetterPay Charge will be deducted from merchant’s BetterPay Account.

All reload amount and paid fees such as the Setup Fee, are non-reversible and non-refundable respectively.

BetterPay shall from time to time be entitled to revise the Setup Fee provided reasonable notification via its Website or email is provided to the Merchants.

In the event when a Merchant has zero balance in his BetterPay Account, he can still conduct any transactions up to 10 transactions and it will result in negative balance in his prepaid account. When this happened, you agreed for us to offset such negative credit balance from your next reload amount. For example, if the negative balance is - RM8. When you initialy reload RM10, only RM2 will be credited in your BetterPay account.

BetterPay shall be entitled to, at its sole discretion, suspend you from utilising BetterPay Services until the negative credit balance has been settled/offset. Our credits is valid for (1) year from your latest transaction date.

All credits in BetterPay Account are nontransferrable and can only be used to make transactions using BetterPay Payment Solutions.

Settlement

8 a) For every successful FPX Online Banking transaction, the payment shall be deposited instantly into the Merchant bank account.

8 b) Please note that you can experience a delay occasionally due to bank system maintenance.

8 c) For settlement on Credit Cards and E-Wallets, please refer to the Settlement Speed at https://www.betterpay.me/pricing

Acceptable Use

9 a) If the Merchant intentionally and knowingly engages in any of the following acts, The Company shall be entitled, at its sole discretion, to cease its services provided to the Merchant or immediately terminate this Agreement by notice in writing to the Merchant:

i) Using the Product to receive payments directly or indirectly, for any sexually oriented or obscene materials or services in violation of the Company policy;

ii) Using the Product to receive payments directly or indirectly, for any narcotics, other controlled or illegal substances, steroids or prescription drugs in violation of any laws;

iii) Using the Product to receive payments directly or indirectly, for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity;

iv) Using the Product to receive payments directly or indirectly, for any counterfeit products;

v) Using the Product to receive payments directly or indirectly, for any weapons including firearms, ammunition, high capacity magazines, air guns, explosives;

vi) Using the Product to receive payments directly or indirectly, for any fireworks or pyrotechnic devices or supplies;

vii) Attempts to tamper, hack, modify or otherwise corrupt the security or functionality of Product;

viii) Using the Product for money laundering activities;

ix) Using the Product for any illegal or immoral activities, including but not limited to such activities that violate the laws of Malaysia.

x) The Merchant further indemnifies the Company for any and all liability which the Company may incur pursuant to

the provision of the Product, if the Merchant is found to be in breach of this Clause 10.

Disclaiment and limitation of liability

10 a) The Parties hereto agree that the Company shall not be held liable for any business expense, machine downtime or damages caused by any deficiency, defect or error in the Product or malfunction thereof and in no event shall the Company be liable to the Merchant for any consequential or incidental damages, including but not limited to loss of profits, loss of turnover and/or loss of data.

b) The Parties hereby agree that the Company shall not be held liable in any manner whatsoever in the event there is a dispute between the Merchant and any of the Clients, unless it can be reasonably proven by the Merchant that such dispute arose, directly or indirectly, from the willful negligence, fraudulent act, default or breach and/or acts or omissions by the Company in the provision of the Product under this Agreement.

c) The Merchant shall not hold the Company, its holding company, subsidiaries, employees and its suppliers liable in any way for any losses or liabilities arising directly and solely from the fault of the Merchant or authorized third parties directly relates to the Merchant in connection with the use of or access to the Product.

Personal Data Protection Act 2010

11 a) The Parties are aware of the requirements of the PDPA in relation to Personal Data

b) In the event the Company is provided or allowed access by the Merchant to any Personal Data, the Company shall ensure that it fully complies with the provisions of the PDPA and only deals with such Personal Data for the purpose of complying with its obligations under this Agreement and for no other purpose.

c) The Company shall fully cooperate and assist the Merchant in relation to: (i) any complaint or request made in connection with Personal Data, including by providing the Merchant with full details of the complaint or request; (ii) any request made under the PDPA including a data access request, whereby it shall ensure that it meets the prescribed time periods set out in the PDPA and acts in accordance with the Merchant’s reasonable instructions; and (iii) any other reasonable request of the Merchant including a request for any Personal Data held by the Company.

d) Pursuant to the PDPA, the Merchant hereby acknowledges that it is required to and hereby undertakes to inform and obtain consent of its Clients with regards to the disclosure of any form of the Clients’ personal data to the Company for the purposes of the Company carrying out its Service for the Merchant.

e) The Merchant hereby agrees that it shall indemnify the BetterPay against any costs, loss, or damage which are incurred (whether direct or indirect) by the Company by reason of the contravention of this Clause 11.