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RAZER PAY MALAYSIA - TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOU SHOULD NOT REGISTER A RAZER PAY™ ACCOUNT OR YOU SHOULD IMMEDIATELY CEASE YOUR USE OF RAZER PAY™ IF AT ANY TIME YOU DISAGREE WITH THE TERMS OF SERVICE HEREIN. YOUR REGISTRATION AND/OR CONTINUED USE OF RAZER PAY™ SHALL MEAN THAT YOU UNDERSTAND, ACCEPT AND AGREE TO BE GOVERNED BY ALL OF RAZER PAY™ TERMS OF SERVICE. ANY PERSON THAT YOU ALLOW TO ACCESS THE SERVICE USING YOUR ACCOUNT SHALL ALSO BE BOUND BY THESE TERMS OF SERVICE. YOU SHOULD CONTACT CUSTOMER CARE SUPPORT IF YOU DO NOT UNDERSTAND THESE TERMS OF SERVICE (OR ANY PORTION(S) HEREOF) PRIOR TO YOUR ACCEPTANCE OF THESE TERMS OF SERVICE.

ENTITY CHANGE NOTIFICATION:
EFFECTIVE TWENTY-ONE DAYS FROM THIS NOTIFICATION THAT IS, 25 AUGUST 2020, THE RAZER PAY SERVICE WILL MADE AVAILABLE BY RAZER PAY WALLET (M) SDN. BHD., SUBJECT TO THE TERMS OF SERVICE HEREIN WHICH REMAIN THE SAME EXCEPT FOR ENTITY CHANGE. YOUR CONTINUED USE OF THE RAZER PAY SERVICE FOLLOWING THE EFFECTIVE DATE SHALL MEAN THAT YOU UNDERSTAND, ACCEPT, AND AGREE TO THIS VARIATION. THIS VARIATION WILL ALSO APPLIES TO THE PRIVACY POLICY.


PREAMBLE

Welcome to Razer Pay™.

The Service (as defined below) is made available by RAZER PAY WALLET (M) SDN. BHD. with the Registration No.: 201801041257 (1303289-T) (“RAZER PAY”) a subsidiary of Razer Inc. These Terms of Service ("Terms of Service”) shall govern your access to and/or use of the Razer Pay™ App and Service (defined further below). We reserve the right to amend, modify, add or remove any provisions under these Terms of Service at any time with 21 days’ notice to you before any such variation to the terms and conditions take effect. All notices by Razer Pay in relation to variation of these Terms of Service may be given by displaying on the screen upon access to the Razer Pay™ App, Razer Pay™ website, via email and/or Facebook.

You shall be deemed to have agreed and accepted such amendments or variations of the Terms of Service if you continue to access and use the Razer Pay™ App after the effective date of any such amendments or variations on the date specified in the notice, or where effective date is not specified, after a period of twenty one (21) calendar days upon notice is communicated via channels in accordance with the above. You should immediately cease your use of Razer Pay™ if at any time you disagree with the Terms of Service herein.

In the event Razer Pay is of the view that immediate changes are necessary to safeguard the security of the E-Wallet Accounts and the Services or to comply with legislations, regulatory requirements (or changes thereof), or due to changes in technology you acknowledge that the Razer Pay™ App and/or the Terms of Service may be automatically updated at Razer Pay’s sole discretion without notice to you.

  1. DEFINITIONS
    1. For the purpose of these Terms of Service, the following expressions or capitalized words when used herein shall have the following meaning: -
      Terms Description
      "Activation" / "Activated" means the point in time when your E-Wallet Account is activated for use;
      "Add Funds" means the service which enables you to deposit money into your E-Wallet Account in exchange for the Services via channels designated by Razer Pay.
      "AMLA" 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.
      "Available Balance" means the balance available in your E-Wallet Account which you can use at any given time subject to the E-Wallet Limit. For the avoidance of doubt, the amount reflected as the Available Balance in your E-Wallet Account shall include amounts deducted for pending Transactions.
      "Bank Account(s)" means Razer Pay™ user’s own bank account(s) which are linked to their E-Wallet Account.
      "Content" means any java games, information text, sound, music, software, photographs, videos, graphics, data messages, contest or other materials purchased or received by you.
      "Customer Care Support" means Razer Pay’s customer service team which provides customer support services in accordance with the Terms of Service when contacted at https://support.razer.com/razer-pay/contact-us/ or +60 16 299 2023.
      "e-money" refers electronically stored funds in exchange for monies paid which may be used as a payment instrument or for other transactions with participating Merchants.
      "E-Wallet Account" means your electronic wallet Razer Pay™ account opened by you to subscribe to the Service which is linked to the telephone number on your Mobile Device.
      "Fund Transfer" means the service which enables you to transfer money from your E-Wallet Account to other Razer Pay™ users.
      "Merchant(s)" refers to parties or entities which accept e-money transactions through Razer Pay for their products, goods/services.
      "Mobile Device" means a portable and wireless telecommunications device together with accessories including but not limited to smartphones and handheld tablets used by you to access and/or use the Service;
      "Mobile Number" means a mobile number registered with a telecommunication provider in Malaysia.
      "Payment" means the service which enables you to reload, pay bills or pay for purchases from Razer Pay’s authorised merchants.
      "Personal Information" means information collected by Razer Pay during the registration process from you for the provision of the Service.
      "Passcode" means your six (6) digit mobile personal identification number used to log into your E-Wallet Account.
      "Razer Pay™ ID" means Mobile Number assigned by you as the Razer Pay™ ID
      "Razer Pay™" means virtual wallet for cashless Transactions.
      "Service(s)" means the services described in paragraph 2 and 4 of this Terms of Service and refers to Transaction(s) such as Add Fund, Fund Transfer and Payment offered by the Razer Pay™ platform.
      "Service Fee" means commission and/or charges payable by you for the utilisation of the Service (over and above the cost of the goods and services provided, if any) as provided for under paragraph 13.
      "Transaction" means the transaction performed by you via the Service including Add Fund, Fund Transfer, Payment and/or any other service as may be introduced by Razer Pay from time to time , subject always to the E-Wallet Limit.
      "Website" means https://pay.razer.com
      "E-Wallet Limit" means, in relation to the (i) maximum amount of funds in your wallet at any one time, the sum of RM500 before verification and RM1,500 after successful verification; and (ii) the maximum annual transaction amount, the sum of RM50,000, or such other amounts and figures as may be determined by Razer Pay from time to time in its sole and absolute discretion. We reserve the right to revise the E-Wallet Limit in accordance with any instructions/ regulations/ rules prescribed by Bank Negara Malaysia;
      "You/you" or "Your/your" means the registered owner of the E-Wallet Account, authorised to use the Service subject to the Terms of Service herein.
    2. A reference to any statute, statutory provision or regulation will be construed as a reference to the same as it may be amended, modified or re-enacted from time to time.
    3. Headings are included for convenience only and do not have any legal effect nor affect the interpretation of these Terms of Service.
    4. The singular includes the plural and vice versa.
  2. DESCRIPTION OF SERVICE
    1. Our Service comprises the supply of an e-wallet, Razer Pay™ which you can use to accept and make payments. The scope of the Services we provide to you is further defined in paragraph 4. You will not earn interest on funds held in an e-Wallet.
    2. To use the Service, you must obtain access to the World Wide Web, either directly or through mobile devices that can access web-based Content, unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Razer Pay™ mobile application and web application properties. You shall be subjected to the Terms of Service and pay any Service Fee associated with such access. You acknowledge that Razer Pay is not responsible or liable in any way for your access to the World Wide Web.
    3. You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You acknowledge that you are solely responsible for the set-up, configuration or compatibility of the hardware, software and other equipment used by you for obtaining access to the Service. Razer Pay does not make any warranty, representation and/or undertaking (expressly, impliedly or otherwise) that Razer Pay™ and any subsequent revisions, modifications, updates, upgrades or versions is and would be compatible with your Mobile Device/equipment. It is your responsibility to ensure that Razer Pay™ is and will be compatible with your Mobile Device or equipment at all times and you acknowledge and agree that Razer Pay shall not be liable in any manner whatsoever for any liability, loss, damages, cost and expense suffered and/or incurred by you due to Razer Pay™ being incompatible with your Mobile Device/equipment.
    4. You understand and agree that the Service is provided on "As-Is Basis" and that Razer Pay assumes no responsibility for the timeliness, currency, deletion, non-delivery or failure to store any user communications or personalization settings.
    5. You acknowledge that you are solely responsible for the security of your Mobile Device.
  3. USE OF SERVICE
    1. For the Service to be made available to you, you must sign up for an E-Wallet Account and you agree to provide (a) true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain as well as promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Razer Pay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Razer Pay has the right to suspend or terminate your E-Wallet Account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you.
    2. The provision of the Services and the Activation of your E-Wallet is at Razer Pay’s sole and absolute discretion.
    3. You may only use the Service once your E-Wallet Account has been Activated. Once your E-Wallet Account has been Activated, your use of the Service shall be strictly in accordance with these Terms of Service.
    4. Each person shall only be eligible to register for one E-Wallet Account per one valid MyKad/Passport. Multiple creation and ownership of E-Wallet Accounts per person are not permitted and shall be terminated upon detection. You shall not fraudulently register the E-Wallet Account. If Razer Pay discovers that you are impersonating another person, whether an individual or another legal entity, Razer Pay may immediately terminate the Account and report such fraudulent activity to the relevant authorities.
    5. The Service is strictly for your own personal use only as a subscriber of the Service. Any instructions, confirmation and/or communication sent from your Mobile Device/equipment be deemed to have been sent and/or issued by you irrespective of whether such instructions, confirmations and/or communications were actually sent by you or not. You shall be personally liable and responsible for the use of your E-Wallet Account including but not limited to all transactions undertaken and/or transacted using the E-Wallet Account once the said transaction has been authenticated irrespective of whether the transactions is undertaken and/or transacted by you unless it can be established that such transactions was erroneously transacted due to an error on Razer Pay’s part.
    6. The Services may also allow you to purchase products and/or services from third parties including the Merchants. Any transaction entered into between you and such third parties for third party product and/or services shall also be subject to any terms and conditions which may be stipulated by such third parties. Any such transactions are entered into at your own risk and you acknowledge and agree that Razer Pay shall not take any responsibility and/or liability for the products and/or services offered by the third parties to you including but not limited to the delivery, quality (including any defects or deficiency in the products and/or services), safety or the fitness for purpose of the products and/or services purchased by you from such third parties. Razer Pay shall not be responsible for the refusal of any merchant to honour or accept your purchases or payment made through the use of the Service. You further acknowledge and agree that you shall not initiate any legal proceedings against Razer Pay for any claim you may have against such third parties.
  4. SCOPE OF THE SERVICE
    1. The Service is made available by Razer Pay to you at its sole and absolute discretion subject to the Service Fee for the following Transactions:
      1. Add Fund into your E-Wallet Account subject to the E-Wallet Limit;
      2. Fund Transfer from your E-Wallet Account to another E-Wallet Account; and/or
      3. Make Payment for reloads, pay bills or pay for purchases from Razer Pay’s authorised merchants using your E-Wallet Account.
    2. In using Razer Pay™ and the Services:
      1. You authorize the deduction of funds from your E-Wallet Account and the deposit of funds into your E-Wallet Account to carry out the relevant transactions;
      2. Your use of the Service is subject to the E-Wallet Limit applicable to your E-Wallet Account. This includes but is not limited to you being restricted and/or prohibited from receiving any Fund Transfer whereby the total amount in your E-Wallet Account will exceed your E-Wallet Limit; and
      3. You are to ensure that there is sufficient available balance in your E-Wallet Account before using the Service to cover the total cost of the Transaction (including any taxes) failing which Razer Pay reserves the right to block, reject or decline the transaction to be transacted through your E-Wallet Account.
    3. You can start using our Service upon your registration of an E-Wallet Account by downloading the Razer Pay™ mobile application onto your Mobile Device. All information provided must be accurate as the information will be required for account verification purposes by Razer Pay and you confirm the veracity of all information provided by you. Your E-Wallet Account cannot be transferred and will solely belong to the NRIC or passport holder registered under the mobile phone number in Razer Pay™. The Passcode represents a security element, having a strictly personal and confidential character and should not be disclosed in any way. You are fully responsible for maintaining the confidentiality of the Passcode and for all activities that occur under your Passcode or E-Wallet Account and shall ensure that you log out from your E-Wallet Account at the end of each session. Razer Pay cannot and will not be liable for any loss or damage arising from your failure to take reasonable steps to maintain the confidentiality of your E-Wallet Account or Passcode.
    4. You can access the Service by logging into the Razer Pay™ mobile application onto your Mobile Device.
    5. In the event that you key in the wrong password more than five (5) times consecutively or the wrong payment pin more than five (5) times consecutively, your E-Wallet Account will be blocked for three hours, and the system will automatically suspend your E-Wallet Account temporarily from making any Transaction. Your E-Wallet Account will automatically be unblocked three hours later, or you can reset your password immediately using your ID and mobile One-Time-Password for verification.
    6. The limit of your Transactions shall be subject to the E-Wallet Limits at any one time for all Services available in Razer Pay™.
    7. The record of all Transactions authenticated through the transaction PIN Number and Mobile Device number registered for the E-Wallet Account shall be binding and conclusive evidence of your Transactions. Any information, instructions and/or confirmation sent from the Mobile Device via the E-Wallet Account shall be deemed to have been issued by you notwithstanding that such information, instructions and/or confirmation may have been issued by a third party, whether authorised or otherwise, Razer Pay shall deem that the Services has been accessed legitimately and the Transactions conducted shall be valid. Razer Pay shall not entertain any request to reverse any wrongful Transactions authenticated through the Transaction PIN Number and Mobile Device / mobile number registered for the E-Wallet Account.
    8. You acknowledge the E-Wallet Limit restrictions imposed is for the purpose of avoiding any fraudulent, illegal or unlawful transactions including without limitation breaches of regulation and guidelines under the Financial Services Act 2013 and AMLA.
  5. THE RIGHTS OF Razer Pay
    1. Razer Pay may run campaigns/contest or promotions in relation to the Service as may be notified to you from time to time. You agree that your participation in such campaign/contest/promotion shall be subject to the specific terms and conditions of such campaign/contest/promotion.
    2. Razer Pay reserves the right to make any alteration or changes to the Service, or any part thereof, or suspend or terminate the Service or any part thereof without prior notice and Razer Pay shall not be liable for any loss or inconvenience to you resulting therefrom.
    3. Razer Pay reserves the right to amend, modify, change, delete, add or vary the Terms of Service from time to time in the manner set out hereunder.
  6. YOUR RESPONSIBLITY
    1. You agree to the following terms in relation to your use of the Service or operation of your E-Wallet Account:
      1. You agree to use the Service for valid and lawful purposes only;
      2. You will not use or attempt to use the Service, or any offers made under the Service in any way or for any purpose other than as intended or offered by us;
      3. You warrant and represent that all funds received or channelled through your E-Wallet Account shall originate from legitimate sources or activities;
      4. You will not do anything which disrupts, interferes/interrupts with the proper operation of the Service;
      5. You agree to use the Service on the basis that you are personally responsible:
        • for ensuring the compatibility of your Mobile Device with Razer Pay’s system. In the event that changes, and upgrades are introduced to Razer Pay’s system and/or Razer Pay™, you shall be responsible to ensure the continued compatibility of your Mobile Device and you shall have no claim whatsoever against Razer Pay arising therefrom;
        • for all equipment and software necessary to use the Service and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service; and
        • for all usage of the Service.
    2. You agree to not use the Service to carry out any activity which may be illegal or prohibited by law, and, you also agree that you will not use the Service to:
      • upload, post, email or otherwise make available or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      • harm minors in any way;
      • impersonate, or falsely state or otherwise misrepresent your affiliation with, any person or entity, including, but not limited to, a Razer Pay official, forum leader, guide or host;
      • forge headers or otherwise manipulate identifying information in order to disguise and/or with the effect of disguising the origin of any Content transmitted through the Service;
      • upload, post, email or otherwise make available or transmit any Content: that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      • upload, post, email or otherwise make available or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
      • upload, post, email or otherwise make available or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as, but not limited to, shopping rooms) that are designated for such purpose;
      • upload, post, email or otherwise make available or transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
      • interfere with or disrupt the Service or another person's use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
      • intentionally or unintentionally violate any applicable law, statute, regulation, rule or code, including, but not limited to, any regulations or rules of any regulatory body, governmental agency or national or other securities exchange;
      • "stalk" or otherwise harass another person; or
      • collect or store personal data about any other user.
    3. You further agree that you will not:
      • use, permit or cause to be used the Service improperly, for any purpose which is against public interest, public order or national harmony or for any activities which breach any laws, regulations, infringe a third party’s rights or breach any directives, content requirements or codes declared by any relevant authority including without limitation, activities which will require Razer Pay to take remedial action under any such codes or in a way interferes with other users or defames, harasses, menaces, restricts or inhibits any other user from using or enjoying the Service or the internet;
      • use the service to receive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
      • circumvent user authentication or security of any host, network or account (referred to as "cracking" or "hacking") nor interfere with service to any user, host or network (referred to as "denial of service attacks") nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Razer Pay's legitimate web pages (referred to as "pagejacking"), or use the Websites or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability, and Razer Pay will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
      • use the Websites and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without Razer Pay's written consent;
      • access, tamper with, or use non-public areas of the Website, Razer Pay’s computer systems, or the technical delivery systems of Razer Pay’s providers;
      • attempt to probe, scan, or test the vulnerability of any Razer Pay system or network or breach any security or authentication measures;
      • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Razer Pay or any of Razer Pay’s providers or any other third party (including another user) to protect the Website or the Services;
      • attempt to download the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Razer Pay or other generally available third party web browsers;
      • use the Website or Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these terms of use, unless expressly permitted;
      • forge any part of the header information in any email or newsgroup posting, or in any way use the Website or Services to send altered, deceptive or false source-identifying information;
      • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or Services;
      • interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
      • collect or store any personally identifiable information from the Website or Services from other users of the Website or Services without their express permission;
      • use the Service to cause excessive or disproportionate load on the Service or Razer Pay’s system;
      • directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Products or any digital rights management mechanism, device, or other content protection or access control measure associated with the Service including geo-filtering mechanisms.
  7. CONTENT & LINKS
    1. You understand and acknowledge that all the Content, whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that you and not Razer Pay, is entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Razer Pay cannot and does not control or monitor the Content posted via the Service and, as such, cannot and does not guarantee the accuracy, integrity or quality of such Content. You understand and acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Razer Pay be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
    2. You acknowledge that Razer Pay cannot and does not pre-screen Content, but that Razer Pay and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Razer Pay and its designees shall have the right to remove any Content (whether or not provided by you) that violates the Terms of Service or is otherwise objectionable in their sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you must and will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not and will not rely for any purpose on any Content created by Razer Pay or submitted to Razer Pay, including without limitation information in Razer Pay Website, and in all other parts of the Service.
    3. You acknowledge and agree that Razer Pay may in its sole discretion preserve any Content, and disclose any Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Razer Pay, its users and the public.
    4. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices.
    5. The Service may provide, or third parties may provide, links to other World-Wide websites or resources. You acknowledge and agree that Razer Pay has no control over such websites and resources, and that Razer Pay is therefore not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Razer Pay shall not be responsible or liable in any way for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.
  8. Razer Pay'S PRIVACY POLICY
    1. You agree to our Privacy Policy incorporated herein by reference and accept that it forms an integral part of these Terms of Service. You consent to our use of your personal data in accordance with the terms of our Privacy Policy and prevailing privacy policies. You agree that by registering an E-Wallet Account and/or using the Service you have authorised and consented to your personal data being disclosed to and/or processed by such third parties as may be necessary for the purpose of providing the Service to you.
    2. You grant us consent to confirm your personal data with other agencies/entities in order to verify your identity and/or to comply with any legal or regulatory requirements, including any AML verification, in connection with the Service.
    3. You accept that we may be required to revise our Privacy Policy from time to time. All revisions will be promptly notified through our website. Your continued use of the Service shall mean that you have agreed and consented to our Privacy Policy and policy as revised.
    4. In the event that we are provided with personal data of minors that are linked to your E-Wallet Account, you undertake and warrant that you are the legal guardian of the minor and expressly consent to the processing of the minor’s personal data for the purpose of the Service. You personally accept and agree to take responsibility on his/her behalf and to be bound by these Terms of Service and our Privacy Policy.
  9. UNAUTHORISED USE
    1. You agree to immediately notify Razer Pay by contacting our Customer Care Support in the event there is any fraudulent or unauthorized use of your Passcode or E-Wallet Account or any other breach of security. Our Razer Pay Customer Care Support shall immediately suspend your E-Wallet Account and investigate your complaint and respond to you as soon as practicable of your complaint. However, Razer Pay shall not be liable to compensate your loss as it is your duty to take the necessary precautions to safeguard your Passcode.
    2. If your Razer Pay™ Reload PINs have been stolen, lost, misplaced, damaged or malfunctions, you shall immediately notify our Customer Care Support and provide us with the receipt or any proof of purchase of the Razer Pay™ PIN. In the event the Razer Pay™ PINs have not been utilised, Customer Care Support shall block the PIN and refund the unutilised amount of Razer Pay™ PIN to your E-Wallet Account. However, if the Razer Pay™ PINs have been utilised, Razer Pay shall investigate and upon you lodging a report with the relevant authorities, Razer Pay shall assist the authorities by providing the relevant information to accommodate the investigation however Razer Pay shall not be liable to compensate your losses. You agree to lodge a police report whenever instructed by Razer Pay and to give Razer Pay a certified copy of such report.
    3. You acknowledge that the Service is and remains at all times the property of Razer Pay and you shall:
      1. exercise all due care and diligence in the custody, care and use of the Service; and
      2. not tamper or allow anyone to tamper with the Mobile Device, the E-Wallet Account or Service.

        Tampering may be a criminal offence and Razer Pay will not honour any Transaction and benefits, if your E-Wallet Account has been tampered with. Razer Pay shall have the right to recover all reasonable cost, expenses, losses and damages suffered or incurred by Razer Pay (including all reasonable legal expenses) as a result of you altering or interfering or allowing a third party to alter or interfere with your E-Wallet Account.
    4. You must immediately notify Customer Care Support and report to the authorities of any loss, fraud, suspected fraud, dishonest use or theft of your Mobile Device or any illegal use of your E-Wallet Account. You will be liable for all charges incurred in relation to the fraudulent use of the services, in the event of your lost/stolen Mobile Device until we receive notification from you as stated above for suspension of your E-Wallet Account.
  10. INDEMNITY
    You agree to indemnify and hold Razer Pay, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to, transmit or make available through the Service, your usage of the E-Wallet Account, Service and Razer Pay’s website, your violation of the Terms of Service, your violation of any rights of any other person, or your breach of any applicable law or regulation. You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Razer Pay arising from the above claims, and shall provide Razer Pay 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.
  11. NO RESALE OF SERVICE
    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the usage or access of the Service.
  12. GENERAL PRACTICES REGARDING USE AND STORAGE
    You acknowledge that Razer Pay may in its sole discretion establish general practices and limits concerning use of Service, including without limitation the manner in which the Service may be used. You acknowledge that Razer Pay reserves the right to terminate and/or delete accounts that are inactive for an extended period of time.

    12A. ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS OF UNLAWFUL ACTIVITIES ACT 2001 (AMLATFPUAA) & FINANCIAL SERVICES ACT 2013 (FSA).

    Razer Pay acknowledges that the information and documentation collected by Razer Pay from you relating to your E-Wallet Account as a user of Razer Pay™ will be used and/or disclosed in accordance to the secrecy provisions under the Financial Services Act 2013 (FSA).

    Razer Pay shall comply in all material respects with the all applicable laws, regulations, guidelines and policies relating to AMLATFPUAA.
  13. FEES AND CHARGES (SERVICE FEES)
    1. You shall pay the prevailing service fees for each of the Transaction as listed below. The applicable fees and charges shall be based on Razer Pay’s prevailing rates notified to you from time to time.
    2. You shall be responsible for any other charges for any Transactions, and for any other charges that Razer Pay may impose from time to time.
    3. You shall be responsible for all related fees and/or charges imposed by any third-party facilities, including Banks and service providers, to perform Add Fund, Fund Transfer, and Payment.
    4. Fees and Charges Rates
      None
    5. You will need to provide all equipment necessary to access the Razer Pay™ app, Website and the Services on the Internet and be liable for payment for your local telephone call and data charges at the rates published by the telecommunication provider with whom you make your local calls, or any other internet access charges to which you may be subjected to. If your equipment does not support relevant technology including but not limited to encryption, you may not be able to use certain Services or access certain information of the Website or Razer Pay™ app.
  14. REFUND POLICY
    1. If you request for refund for any Transaction completed under the Service, you may contact Customer Care Support. Subject to Razer Pay determining to its satisfaction that your money was wrongly deducted from your E-Wallet Account by Razer Pay due to a technical error, Razer Pay will refund to your E-Wallet Account such money which was wrongly deducted. You may only receive a refund which is subject to Razer Pay’s sole discretion at all times, for the following Service:
      1. Add Fund;
      2. Payment; and/or
      3. Fund Transfer.
    2. You shall be required to contact the respective merchants for a refund for products purchased from the merchants using Razer Pay™ as a payment instrument. In the event that Razer Pay decides that you are entitled to a refund on instruction of the Merchant, the sum of the refund (if any) may be remitted to you within thirty (30) working days, via a rebate into your E-Wallet account. Razer Pay will not be liable for any delay in refunds caused by the Merchants.
    3. In the event your Account Balance would exceed the E-Wallet Limit after the completion of the refund process, the refund process will automatically fail. You would then be required obtain a different refund method or process from the merchant.
  15. DISPUTED TRANSACTION
    1. The payment notification issued by Razer Pay confirming any transaction performed by you shall be conclusive evidence of such transaction, and the funds as displayed on your E-Wallet Account shall be conclusive evidence of the funds available in your E-Wallet Account. If you discover, in your view, any error or discrepancy in your E-Wallet Account, you must contact the Customer Care Support within fourteen (14) days from the date of the disputed transaction, failing which, you shall be deemed to have accepted the accuracy of your Transaction.
    2. If it is revealed in the course of Razer Pay’s investigation that the disputed Transaction was indeed made in error by us (as may be determined by Razer Pay), Razer Pay will refund the disputed sum to your E-Wallet Account upon completion of the investigation which will Razer Pay will endeavour to not exceed thirty (30) days from your complaint. Razer Pay reserves its right not to refund any disputed amount to you if Razer Pay believes that you have acted contrary to these Terms of Service.
    3. You hereby agree and consent to the disclosure and release by Razer Pay of any information in the possession of Razer Pay relating to you, the particulars of the Transaction(s) or any designated account relating to the Transaction(s) for the purpose of investigating any claim or dispute arising out of or in connection with the Transaction(s) under the Service which consent shall survive the termination of the Service.
    4. You hereby agree that in the event of a dispute or claim of any nature arising in respect of any Transaction, the records of the Transaction(s) available from Razer Pay shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim.
  16. TERMINATION & SUSPENSION
    1. Where Razer Pay suspects that you may be engaging in any restricted activities as set out in these Terms of Service or may be in breach of any of the representations and warranties, we may, without any liability to you, take the following action(s) as we deem necessary:
      1. report any suspicious or illegal activity to the relevant authorities;
      2. cancel or refuse any Transactions;
      3. suspend or close any E-Wallet Accounts or terminate this agreement pursuant to the Terms of Service and/or the Services or part thereof provided to you;
      4. withhold/ forfeit/ withdraw any cash back/ monies/ reward which may release/ have been released to you pursuant to any promotion campaigns/ activities/ refund process;
      5. apply, at our sole discretion, prevention and detection procedures and refuse the execution of Transactions; or
      6. take further steps as we, in our reasonable discretion, may deem necessary, including taking legal action against you.
    2. The suspension of the Service with respect to a particular breach shall not in any prejudice or prevent Razer Pay from exercising its right to terminate this Agreement and the Services with respect to the same breach.
    3. Notwithstanding anything to the contrary, Razer Pay may at any time, for any reason whatsoever and without any liability to you:
      1. suspend the Services or part thereof provided to you; and/or
      2. terminate this Terms of Service and/or the Services or part thereof provided to you, by giving written notice to you.
    4. You may at any time discontinue the use of the Service by contacting our Customer Care Support who shall assist you with the refund of Available Balance in your E-Wallet Account subject to the terms and conditions determined by Razer Pay. Razer Pay shall confirm the unutilised Available Balance in your E-Wallet Account and refund monies due to you within 30 days subject always to Razer Pay receiving a duly completed Refund Form together with the relevant documents made available to you through your registered email by our Customer Care Support and security verification and provided always that there are no pending disputes, claims or lawful reason for us to hold on or retain any sum.
    5. You agree that Razer Pay may in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You also agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice and acknowledge and agree that Razer Pay may in its sole discretion immediately deactivate or delete your E-Wallet Account and all related information and files in your E-Wallet Account and/or bar any further access to such files or the Service. Further, you agree that Razer Pay shall not be liable in any way to you or any third-party for any termination of your access to the Service.
    6. Razer Pay 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 E-Wallet Account, with or without any notice to you, upon the happening of any of the following events:-
      1. if in the reasonable opinion of Razer Pay, there is dishonesty, suspected fraud, illegality, criminality or misrepresentation in the conduct of your E- Wallet Account or your use of the Services;
      2. if you are in breach or Razer Pay have reasonable grounds to believe that you have breached any of the provisions of these Terms of Service and/or any applicable terms and conditions of any new services as may be provided by Razer Pay from time to time, or have engaged in any conduct prejudicial to Razer Pay or if in the opinion of Razer Pay, your acts are prejudicial to Razer Pay’s interest;
      3. if you are in breach of any acts, statutes, laws, by-laws, rules and / or regulations imposed by any party, regulatory body or government agency;
      4. if you have submitted false documents or have declared false information during your application for the Service;
      5. if you have acted in bad faith or with malicious intent;
      6. if your name is listed under any regulatory watchlist (including but not limited to listing related to terrorism and terrorism financing under the AMLA; and/or
      7. if you fail to provide any additional information which Razer Pay may request from you from time to time for it to provide the Services to you.
    7. Consequences of Termination / Suspension
      1. Upon termination of the Service by Razer Pay, Razer Pay may notify you of such termination whereupon, you must ensure that you provide to Razer Pay the correct bank account details and any other information as may be required by Razer Pay to enable Razer Pay to refund the Available Balance to your bank account within thirty (30) working days upon receipt of the correct bank account details and any other information as may be required by Razer Pay.
      2. If Razer Pay terminates or suspends the Service or any part thereof pursuant to Clause 16(e), Razer Pay shall not be obliged to refund the Available Balance until and unless clearance has been obtained from the relevant authorities, if applicable. The provisions of this Clause 16(g) are without prejudice to Razer Pay’s other rights and remedies under these Terms of Service or at law.
    8. Reactivation
      In the event the Account and/or Service has been suspended and you request for reactivation of the same, Razer Pay may at its absolute discretion reactivate the Account.
    9. In the event your E-Wallet Account is terminated or suspended by Razer Pay 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), it shall be lawful for Razer Pay to retain for an indefinite period or release to the relevant authorities all monies in the E-Wallet 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 Razer Pay.
  17. DEALINGS WITH THIRD PARTIES
    1. Your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Service (including without limitation advertisers and other users of the Service), including Fund Transfer, Payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other party. You agree that Razer Pay shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with such other parties, as the result of the presence of such other parties on the Service, or as the result of the use of the Service in any way by such other parties.
    2. You agree not to hold Razer Pay liable in any manner whatsoever in the event of a dispute between you and a Merchant or other third parties unless it is manifest that such dispute arose from a breach, default or error or omission on our part under these Terms of Service.
  18. INTELLECTUAL PROPERTY RIGHTS
    1. You acknowledge and agree that the Service and any necessary software/system used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Razer Pay or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the Service, the software or the Content (excluding Content owned by you), in whole or in part.
    2. You acknowledge and agree that the Services and Razer Pay™ are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved. You are only allowed to use Razer Pay™ and the Services as set out in the Terms of Service, and nothing on the Razer Pay™ and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property of other proprietary rights of Razer Pay.
    3. Razer Pay respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright, trademark or other intellectual property infringement, please provide Razer Pay Customer Care Support, the following information:
      • an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
      • a description of the intellectual property right that you claim has been infringed;
      • a description of where the material that you claim is infringing is located on the Website;
      • your address, telephone number, and email address;
      • a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property right owner, its agent, or the law;
      • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property right owner or authorized to act on the intellectual property right owner's behalf.
  19. DISCLAIMER OF WARRANTIES
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, ACCESSIBILITY, TIMELINESS AND UNINTERRUPTED USE OF THE SERVICE; SEQUENCE, ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION PROVIDED TO YOU AS PART OF THE SERVICE; ANY IMPLIED WARRANTY OF MERCHANTABILITY; ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; ANY IMPLIED WARRANTY OF NON-INFRINGEMENT; AND ANY IMPLIED WARRANTY ARISING OUT OF THE COURSE OF DEALING, CUSTOM OR USAGE OF TRADE WITH RESPECT TO THE SERVICE PROVIDED BY Razer Pay EXPRESSLY EXCLUDED. THE REPRESENTATIONS, CONDITIONS AND WARRANTIES SET FORTH IN THIS TERMS OF SERVICE WITH RESPECT TO THE SERVICE ARE THE ONLY REPRESENTATIONS, CONDITIONS AND WARRANTIES MADE BY Razer Pay.

    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Razer Pay OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE (SAVE FOR ANY FRAUDULENT MISREPRESENTATION BY Razer Pay).

    CUSTOMER CARE SUPPORT WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE CUSTOMER SUPPORT SERVICES IN A PROFESSIONAL MANNER BUT CANNOT GUARANTEE THAT EVERY QUESTION OR PROBLEM RAISED BY YOU CAN OR WILL BE RESOLVED.
  20. LIABILITY
    1. Razer Pay will use reasonable endeavours to ensure that the Service is secured and cannot be accessed by unauthorised third parties.
    2. You shall be solely responsible for any and all consequences of use or misuse of your E-Wallet Account, password, Pin, login and/or security credentials. You shall be responsible for all losses and payments (this includes any transaction carried out without your authority) due to your negligence or where you have acted fraudulently. For avoidance of doubt negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms of Service.
    3. Without derogating from any of your payment obligations, you will not be liable for any losses caused by system glitches, technical error or other operational issues encountered at Razer Pay, Merchants or other relevant parties involved in the provision of this Service.
    4. You expressly understand and agree that Razer Pay shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Razer Pay has been advised of the possibility of such damages), resulting from: (i) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into as a result of your reliance on misrepresentation by any third party; (ii) unauthorized access to or alteration of your transmissions or data by any third party; or (iii) any actions taken by you based on statements or conduct of any third party of the service.
  21. DISCLAIMERS AND EXCLUSIONS
    YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS OF LIABILITY REPRESENTS A FAIR AND REASONABLE ALLOCATION OF THE RISKS AND BENEFITS OF THE AGREEMENT BETWEEN Razer Pay AND YOU, TAKING ALL RELEVANT FACTORS INTO CONSIDERATION, INCLUDING WITHOUT LIMITATION THE VALUE OF THE CONSIDERATION PROVIDED BY YOU TO Razer Pay AND THE AVAILABILITY AND COSTS OF INSURANCE WITH RESPECT TO THE SAID RISKS. YOU FURTHER AGREE THAT THESE DISCLAIMERS AND LIMITATIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  22. NOTICE
    1. Notices to you may be made via your Razer Pay™ ID. Razer Pay may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices, to you via your Razer Pay™ ID. You agree that such notices, will constitute sufficient and adequate notice to you of the matters contained therein. All notices, requests and/or other communications from you to Razer Pay under these Terms of Service shall be communicated to our Customer Care Support.
    2. If you have any enquiry or complaint which is not addressed by Razer Pay, you may contact the following bodies at:

      Bank Negara Malaysia
      Laman Informasi Nasihat dan Khidmat (LINK)
      (Walk-in Customer Service Centre)
      Ground Floor, D Block,
      Jalan Dato' Onn
      50480 Kuala Lumpur
      Contact Centre (BNMTELELINK)
      Tel: 1-300-88-5465, (Overseas: 603-2174-1717)
      Fax: 603-2174-1515
      E-mail: [email protected]

      Ombudsman for Financial Services (664393P)
      (Formerly known as Financial Mediation Bureau)
      Tingkat 14, Main Block,
      Menara Takaful Malaysia, No. 4, Jalan Sultan Sulaiman,
      50000 Kuala Lumpur.
  23. CONTACT DETAILS
    If you have any requests, inquiries or feedback to Razer Pay on this Terms of Service, kindly contact our Customer Care Support at https://support.razer.com/razer-pay/contact-us/ or +60 16 299 2023.
  24. GENERAL INFORMATION
    1. The Terms of Service constitute the entire agreement between you and Razer Pay and governs your use of the Service, superseding any prior understandings and agreements between you and Razer Pay and any previous statements or representations from either party to the other party. You also may be subjected to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
    2. The Terms of Service and the relationship between you and Razer Pay shall be governed by the laws of Malaysia without regard to its conflict of law provisions.
    3. You and Razer Pay agree that any dispute arising out of or in connection with this Terms of Service, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Malaysia in accordance with the Arbitration Rules of the Asian International Arbitration Centre ("AIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.
    4. The failure of Razer Pay to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable and that the other provisions of the Terms of Service shall remain in full force and effect.
    5. Any translation of these Terms of Service is provided solely for your convenience and is not intended to modify these Terms of Service. In the event of a conflict between the English version of these Terms of Service and a version in a language other than English, the English version will prevail.