Terms & Conditions

Welcome
‍We are Commerce Dotasia Payments Sdn Bhd (Registration No. 201801041004/1303036-W), a company incorporated in Malaysia with business address at Level 9, Menara HLX, No. 3, Jalan Kia Peng, 50450 Kuala Lumpur, Malaysia (“we,” “us”, “our”) which have been appointed and engaged by the Merchant (defined below) to process and facilitate the payment (“Services”).
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Please read the following terms and conditions (“Terms and Conditions”) carefully as they apply to Your access to, Your use of our site and Services. By accessing the site and using the Services, You give Your acceptance and agree to be bound by these Terms and Conditions, which shall include the terms, conditions and policies as amended, altered and/or imposed by us from time to time. Your acceptance of these Terms and Conditions shall constitute legally binding agreement between You and us.
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If You do not agree with these Terms and Conditions (in whole or in part), please discontinue accessing and using the Services immediately.

1. DEFINITION

"You"

means the person who uses the payment method of the Acquirer/Provider to make the payment for the product/services you purchase from the Merchant through the Services/site;

“Acquirer/Provider”

means the card issuer, financial institution and providers of the range of payment instrument/methods, which: (a) we are working with; and (b) provides and makes available the payment method You selected in making Your payment to the Merchant;

“Merchant”

means the participating merchant or seller which: (a) sells the product/services to You; and (b) appoints/engages us to process and facilitate the payment transaction.

2. SERVICES
2.1 - We endeavour to provide the Services in accordance with these Terms and Conditions.
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2.2 - It is agreed that:

You authorize us to process the payment with the Acquirer/Provider based on the payment method You selected;
Your purchase of the product/services are transactions between You and the Merchant, but not with us. For avoidance of doubt, we shall not in any way be involved in or be a party to any agreement(s) or other terms and conditions agreed between You and any third party, unless it is established that such transaction was erroneously transacted due to error on our part;
Your payment transaction is also subject to the terms imposed by the Acquirer/Provider based on the payment method You selected (if any);
we are not responsible to issue and provide You with a receipt or other written confirmation in connection with the payment made by You;
we reserve the right to change, modify, suspend, limit or discontinue certain feature of the Services and/or to suspend Your access / use of this site/Service at any time, with or without notice at our discretion;
the Service and our site may be interrupted due to maintenance, updates, system or network failures and we disclaim all liability for damages caused by any such interruption or errors; and
You are responsible to implement sufficient procedures, equipment and/or checkpoints to satisfy Your requirements for accuracy of data input and output, to access and use of the Services including not limited to such hardware, software, and networking as necessary.

3. YOUR WARRANTIES AND REPRESENTATIONS
3.1 - You acknowledge, represent and warrant that:

You possess the legal capacity, right and ability to enter into these Terms and Conditions and to comply with the same. In the event You are below the age of eighteen (18) (“Legal Age”), You hereby represent that You have obtained the permission of Your parent or legal guardian for Your entry of these Terms and Conditions and he is agreeable to take responsibility for Your actions;
if You are accessing and using Services on behalf of a corporate body, You represent that You are duly authorised by the corporate body and have the full right and authority to access and/or use Services on behalf of the corporate body in accordance with these Terms and Conditions;
You shall not provide any false, inaccurate or misleading information. You acknowledge that we rely on such information and details provided by You. We hold no responsibility and liability for any loss or damage that may suffer arising from any inaccurate or false statement of misrepresentation of facts / information based on information above-mentioned;
You have the legitimate right to use, apply and utilize the payment method You selected in making the payment;
the Services: (i) shall only be used for lawful purposes in a way that does not interfere/infringe the rights of other’s usage and enjoyment of Service and in accordance with these Terms and Conditions and terms of the Acquirer/Provider; (ii) shall not be used to make and facilitate the purchase of any illegal product/services or other underlying illegal/fraudulent activities and transaction under all applicable laws;
except with our express consent, You shall not: (i) resell, sublicense or otherwise transfer all or portion of the Services to any other party; (ii) make commercial use of the Services; (iii) copy, obtain, re-transmit, broadcast, reproduce, republish or otherwise, any material and/or intellectual property rights on/of our site and Services unless it is strictly necessary for Your personal non-commercial usage; (iv) gain unauthorized access to the computer systems or networks connected to the Services; (v) alter or modify any part of our site, Services or any of the technologies;
You shall comply with all applicable laws and regulations including but not limited to Anti Money Laundering and Anti-Terrorism Financing Act 2001;
You are responsible for the transaction, actions or omissions undertaken/transacted through the site and/or Services unless it can be established that such transaction was erroneously transacted due to error on our part.

3.2 - You shall contact and deal with the Merchant directly in respect of any dispute and/or query relating to the payment and/or fulfilment of the order/purchase You made.

4. INTELLECTUAL PROPERTY RIGHTS
4.1 - The intellectual property rights and copyrights of the site, Services, and all content found on the site and/or related to the Services (including not limited to the text, images, graphics, sound files, animation files, video files, our and Acquirer/Provider’s logo, name, brand, images) (“Content”) shall at all times remain as proprietary rights of us or the respective proprietor. Nothing contained herein shall in whatsoever manner be construed as to commission or transfer the intellectual property rights and copyrights of the same from its proprietors to You.

4.2 - Unless expressly permitted by us, no Content shall be modified, distributed, broadcast, displayed, reproduced, published, licensed, sold, used, copied, retransmitted and/or commercially dealt with in any manner.

5. LINKS
5.1 - The links from or to the other sites out of our site are meant to connect or direct You to the log-in pages and/or landing pages of the Acquirer/Provider to initiate and complete Your transaction based on Your selected payment method.

5.2 - You understand and acknowledge that:

the linked pages/sites are owned and operated by third parties and are not under our reasonable control;
linking to such sites is at Your sole risk and we make no warranties, verification, endorsement or approval in respect of the contents of those websites or linked pages and/or the third parties. We are not responsible for any damages losses and actions which may arise in connection with the linking of the pages/websites.

6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1 - We are not responsible for any interruptions or limitations to the Service and result thereof which are caused or contributed by the circumstances beyond our reasonable control, including not limited to: (a) system or service limitations/interruptions which are due to, caused by any act or omission of the Merchant and/or Acquirer/Provider; (b) fraud, abuse, hacking or malicious viruses, misuse of the internet network; (c) loss of data, inability to retrieve data; (d) riot, strike, lockout/labor disturbance; (e) fire, natural disaster, war, pandemics, epidemics; (f) network congestion, telecommunication failure, electrical power failures; (g) any fault, interruption, disruption or malfunction of equipment, tools, utilities, communications, computer (software and hardware) services or networks; (h) government order or change in any law or regulation or any circumstance which renders the performance impractical.

6.2 - The site and Services are provided on an “as is where is” basis and the risk arising out of Your access and usage of the Services shall remain with You to the fullest extent permitted by applicable laws.

6.3 - We do not guarantee and warrant:

the accuracy of any data, information and/or other material accessible by, made available to and/or delivered to us;
the Service will at all times, be available, accessible, uninterrupted, timely, secure, error-free and virus-free;
the results that may be obtained from the Service will be accurate or reliable;
the merchantability or fitness for particular purpose; and
that Service will meet Your expectation.

6.4 - You agree and acknowledge that we disclaim and are not responsible for:

the accuracy, content, completeness, legality, reliability, or operability or availability of information or material that we receive from the Merchant and/or Acquirer/Provider;
the deletion, failure to store, mis-delivery, or untimely delivery of any information or document derived from our system and/or sites;
any loss, alteration or disclosure to any third party whomsoever, of Your data or other data howsoever caused or arising including not limitation, delays, interceptions, non-deliveries or misuse as a result of any interruption, suspension or termination of Services;
any loss and damages in respect of breach of security of the site, Services, equipment or user information by caused or contributed by hackers/third party notwithstanding the reasonable measures taken by us to maintain the privacy and security of all information provided by You and/or Merchant to us (including the secured SSL encryption network and any other system as we deem fit);
loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with Your access or use or the inability to access or use this site (or any third party link to or from this site) or Service.

6.5 - You acknowledge, accept and agree that: (a) the disclaimers, exclusions and limitations of liability set out in these Terms and Conditions is fair and reasonable; (b) the same shall be enforceable to the fullest extent permitted by applicable law.

1. INDEMNITY
You shall indemnify and keep us (and our officers, directors, agents, subsidiaries, shareholders, and employees) harmless from and against all claims, actions, losses, demands, costs, expenses and damages (actual and consequential) including legal costs of every kind and nature that we may incur or suffer in any way in connection with:

the dispute between You and the Merchant and/or between You and the Acquirer/Provider, which is not contributed by us;
Your breach of these Terms and Conditions howsoever occasioned;
Your use or misuse of the Service and/or access to the site;
Your violation of any third party rights, including not limited to any intellectual property right or proprietary right infringement claim made by a third party against us in connection with Your unauthorized use of such intellectual property rights.

1. PRICACY POLICY
Your personal data will be processed in accordance with our Privacy Policy which is available at
(https://www.commerce.asia/commerce-asia-payments-privacy-policy)

1. GENERAL
1.1 - Severability. In the event any provision of these Terms and Conditions is deemed invalid, unlawful, void or for any reason unenforceable under the law of any jurisdiction, that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

1.2 - Assignment. You are not allowed to assign any rights and benefits granted to You hereunder.

1.3 - Relationship. Nothing in these Terms and Conditions shall constitute a partnership, joint venture or principal-agent relationship between You and us, nor does it authorise You to make any representations or incur any costs or liabilities on our behalf. These Terms and Conditions are solely for Your and our benefit and are not for the benefit of any other person or entity.

1.4 - Waiver. Our failure or delay in exercising of any right, power or privilege under Terms and Conditions shall not be operated and deemed as a waiver by us. Our rights and remedies herein are cumulative and not exclusive of any rights or remedies otherwise provided by law.

1.5 - Entire Agreement. The terms and conditions set forth in these Terms and Conditions and any additional terms and conditions or policies included or referred to in these Terms and Conditions constitute the entire agreement and understandings between You and us.

1.6 - Governing Law and Jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. Any dispute, action or proceeding arising out of or in connection with these Terms and Conditions shall be submitted to the jurisdiction of the Malaysian courts.