TERMS OF SERVICE

UChatPay is a service provided by the Company via UChat mobile application. The Terms of Service stated herein (the “Terms of Service” and this “Agreement”) set forth the terms and conditions of your access to and use of the UChatPay virtual account service (“UChatPay Account”). By using the UChatPay mobile application supplied to you and by using the services upon Activation and use UChatPay Services, you unconditionally accept and agree to be bound by all the terms and conditions contained herein this Agreement.

UCHATPAY WILL NOT BE HELD LIABLE FOR ANY DAMAGES/ LOSS OF REVENUE THAT ARE A RESULT OF USERS USING INFORMATION THAT IS INACCURATE/ FRAUDLUENT / CAUSED BY YOUR UNAUTHORIZED ACCESS OR ALTERATIONS OF YOUR INFORMATION SENT AND/ OR RECEIVED THROUGH THE SERVICE. MORE DETAILS CAN BE VIEWED IN CLAUSE 10.3.

Any person that you grant to access the Service using your Account shall be bound by these Terms of Service. If you do not accept these Terms of Service, please do not continue with the activation or use of this Service.

  • UChatPay is an electronic-wallet (“e-wallet”) account which is linked to the telephone number of your Mobile Device, managed and supervised by UChatPay for purchasing of goods or services via electronic means. We will not provide you any credit, loan, or other amounts to increase your deposit in your UChatPay Account.

  • Only the following persons are eligible to use the UChatPay Services:

    Individuals provided that have:

    • reached the age of 18 years old and above;
    • have full legal capacity and competent to enter into a contract;
    • a valid Identification Card;
    • a valid Passport Number (applicable for foreign individuals only); and
    • a valid e-mail address
    • a valid Malaysian mobile phone number
  • 3.1
  • Information. In order to create a UChatPay Account, you must provide us with correct and updated information as requested by UChatPay. This may include but not limited to any identification or business statutory documents as may be requested by UChatPay from time to time.

  • 3.2
  • Inquiries. You authorise UChatPay, directly or through third parties, to make any inquiry that deemed necessary for us to verify your identity. This may include, but is not limited to, asking you for further information or documentation, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your information against third party databases or through other sources.

    UChatPay reserves the right to request additional information from you, other than what is stipulated to this Agreement, to allow it to comply with its anti-money laundering obligations/act. You agree to comply with any request for further information as we reasonably require enabling us to adhere to our anti-money laundering obligations/act. This may include, without limitation, requiring you to fax, email or otherwise provide us certain documents in a stipulated timeframe.

  • 3.3
  • Updates to information.You are required to ensure that your information is up-to-date and provide relevant updated information as may be requested by UChatPay from time to time. If there is a discrepancy between the information reflected in your UChatPay Account Profile and the information contained in the documents provided for verification, UChatPay reserves the right to amend such information so that it adheres to the documents provided.

  • 3.4
  • Beneficial owner. You must be the beneficial owner of the UChatPay Account, and use UChatPay Services only on behalf of yourself.

  • 4.1
  • You may only use the Services once your Account has been Activated and while you use the App or Services shall be strictly in accordance with these Terms of Service.

  • 4.2
  • You may maintain the funds in your UChatPay Account, and such funds will be regarded as the deposit of your UChatPay Account (“Deposit”). The Deposit can be accumulated in your UChatPay Account by means of a transfer of funds from certain payment instruments (including cash, debit cards and a savings account or other prepaid payment method, collectively termed as “Payment Instruments”).

  • 4.3
  • For any funding of your UChatPay Account, we make no representation that any of your Payment Instrument(s) are in good standing, or that the issuer of your Payment Instruments will authorise or approve such transfer.

  • 4.4
  • UChatPay will hold your funds in pooled accounts separate from its corporate funds, and it will not utilise your funds for its creditors in the event of bankruptcy. The pooled funds are used solely to make payments to UChatPay merchants, and they may also be refunded back to users if necessary. You will not receive any interest or other earnings on the amounts of your UChatPay Account. However, UChatPay may receive some earnings on amounts that UChatPay holds on your behalf. You agree to assign your rights to UChatPay for any earning derived from your funds.

  • 4.5
  • The maximum amount you can load on your Deposit for a UChatPay Basic Account at any point of time shall not exceed the amount of RM200.00. To register as a user for this Basic Account, the potential user only needs to activate the account prior registration by providing Username/ Display Name / Phone Number / Email.

  • 4.6
  • The maximum amount you can load on your Deposit for a UChatPay Premium Account at any point of time shall not exceed the amount of RM1,500.00. To upgrade to a Premium Account all users must submit their name as per ID, ID number, ID documentation and will be subjected to a verification process to ensure compliance with all relevant legislation and regulations. We reserve all rights to refuse, reject and/or decline any application by a user at our sole and absolute discretion without assigning any reasons whatsoever, and our decision shall be final and conclusive.

  • 4.7
  • Each individual is only entitled to have ONE UChatPay Premium Account with each valid IC and each UChatPay Premium Account is allowed to link ONE unique mobile number only. If you are found to have more than one UChatPay Premium Account, we will notify you and you will be required to choose between the two accounts. The account not chosen by you will be terminated by us.

  • 4.8
  • UChatPay reserves the right to impose different limits on your use of UChatPay Account from time to time, including but not limited to: (i) the amount of value you may load your UChatPay Account at any one time; (ii) the aggregate funds loaded to your UChatPay Account and (iii) the maximum amount you can transfer to a merchant to make a purchase.

  • 5.1
  • You may use the Deposit stored in your UChatPay Account to purchase goods or services for participated merchants over the internet. For security reasons, we may limit the amount or number of transactions you can make through with your UChatPay Account.

  • 5.2
  • Each time you use the Deposit with your UChatPay Account, you hereby authorise us to reduce/deduct the available balance in your UChatPay Account according to the amount of the transaction and any applicable fees. You can only make payment using the Deposit to the extent that you have sufficient balance in the account to support those transactions. You are not allowed to make a purchase in excess of such balance. We will not extend credit in connection with your use of Deposit with your UChatPay Account.

  • 5.3
  • You shall, at all times be solely responsible for all transactions initiated and fees incurred by the Deposit amount allocated to your UChatPay Account. You are responsible for keeping your account details confidential. You shall not disclose any of your account details to any person. If other individuals access your UChatPay Account, we will treat this as if you consented on such authorization for such usage and you will be solely responsible and liable for any misuse of your UChatPay Account, transactions and fees incurred by such usage. In any event, you must notify us immediately of any unauthorised use of your UChatPay Account or any other breach of security regarding the UChatPay Account of which you have knowledge.

  • 5.4
  • Any information, instructions and/or confirmation sent from the UChatPay 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, UChatPay shall deem that the Services has been accessed legitimately and the transactions conducted shall be valid. We do not have any control over, and shall not be responsible or liable for, the transactions for the products or services that are conducted for with UChatPay Account. We cannot ensure that a seller or merchant you are dealing with will actually complete the transaction.

  • 5.5
  • We will notify you whether your payment has been received, delayed, cancelled, or accepted and executed via the UChat app.

  • We may at our own discretion from time to time to specify charges or fees for the use of UChatPay Services and/or additional charges for selected services which is published on the UChat Website (“https://www.uchat.com.my”) and any further changes in the charges/fees shall also be communicated to the customer by emails, SMS or any other electronic channels like WhatsApp and also displayed on the abovementioned website at least twenty one (21) calendar days before the changes are made. By accessing and using the Service, you unconditionally agree to bear all the pocket expenses wherever applicable. You hereby authorise us to recover all charges related to UChatPay Services as determined by us from time to time by debiting Your UChatPay Account.

  • You shall not use or attempt to use the UChatPay Services for funds transfer without sufficient funds in the relative UChatPay Account. We will endeavor to affect such funds transfer based on the transactions received through UChatPay Services provided if there are sufficient funds available in your UChatPay Account. We shall not be responsible and liable for any act or omission made by you to make all or any of the payments or for late payments due to circumstances beyond of our control.

  • You agree and accept that you will be liable for entering the correct account number/ UChat ID /other particulars of the beneficiary for the funds transfer request. In no case, will we be held liable and responsible for any erroneous transaction incurred arising out of or relating to your entering of the wrong/incorrect/incomplete account number, information of the beneficiary and/or any other particulars. If a fund transfer is made available to you, it may be used for transfer of funds between your own UChatPay account and/or from your account to accounts belonging to the third parties maintained with us and/or with other parties.

    You agree that the record of instructions given and transactions with us shall be conclusive proof and binding for all purposes and can be used as the evidences in any proceeding. However, if you dispute any transaction stated in your record of transactions, we may in our absolute discretion and as deemed fit conduct any investigation(s) regarding the disputed transaction(s). Our findings in any investigation conducted in relation to your UChatPay Account shall be conclusive and final.

  • 9.1
  • Protection for unauthorised fund transfers and Errors

    In any such event, there is an unauthorised fund transfer, or an Error occurs in your UChatPay Account (except for any unauthorised fund transfer or error initiated in an environment not hosted by UChatPay), UChatPay will reimburse you for the full amount of every eligible unauthorised fund transfer or Error as long as you follow the procedures below. An unauthorised fund transfer occurs when an e-money fund transfer is made using your UChatPay Account that you did not authorise and that did not benefit you. For example, if someone misuses your password to access your UChatPay Account, and makes an e-money fund transfer of your UChatPay Account, an unauthorised fund transfer has occurred. If you authorised someone to access your UChatPay Account (by giving them your login information) and they make e-money fund transfers without your knowledge or consent, you are responsible for any resulting use.

  • 9.2
  • Notification requirements

  • 9.2.1
  • You should immediately notify UChatPay if you believe:

    • there has been an unauthorised fund transfer or unauthorised access to your UChatPay Account without your knowledge and/or consent;
    • there is an Error in your UChatPay Account history statement or in your e-money fund transfer confirmation sent to you by email;
    • your login account details or password has been compromised; or
    • you need more information about an e-money fund transfer listed on the statement or e-money fund transfer confirmation;
  • 9.2.2
  • To be eligible for protection for unauthorised fund transfer, you must notify us within Sixty (60) Days after any unauthorised fund transfer first appears in your UChatPay Account history statement;

  • 9.2.3
  • You should constantly log into your UChatPay Account and review your UChatPay Transaction history statement to ensure that there has not been an unauthorised fund transfer or Error. UChatPay will also send an email to the primary email address you have provided to us in order to notify you of each e-money fund transfer or payment made from your Account. You should also review these e-money fund transfers or payment confirmations to ensure that each e-money fund transfer or payment was authorised by you and is accurate;

  • 9.2.4
  • For unauthorised fund transfer or Errors in your UChatPay Account, notify us as follows:

    • email hello@uchat.com.my or
    • call UChatPay Customer Service at such contact details as indicated on UChatPay Website.
  • 9.2.5
  • When you notify us, provide us with all of the following information:

    • your full name, mobile number and email address registered to your UChatPay Account;
    • a description of any suspected unauthorised fund transfer or Error and an explanation as to why you believe it is incorrect or why you need more information to identify the e-money fund transfer; and
    • the amount of any suspected unauthorised fund transfer or Error.

    If you notify us verbally, we may require you to send us your complaint or question in writing within ten (10) business days. During the course of our investigation, we may request additional information from you.

  • 9.3
  • UChatPay actions after receipt of your notification

  • Once you notify us of any suspected unauthorised fund transfer or Error, or we otherwise learn of one, we will do the following:

  • 9.3.1
  • We will conduct an investigation to determine whether there has been an unauthorised fund transfer or Error that is eligible for protection;

  • 9.3.2
  • We will conclude our investigation within ten (10) business days of the date we received or acknowledged your notification of the suspected unauthorised fund transfers or Error. If your UChatPay Account is new (the first e-Money fund transfer from your UChatPay Account was less than thirty (30) business days from the date you notify us), we may take up to twenty (20) business days to complete this investigation. In any such event, we may require more time, we may take up to thirty (30) days to complete our investigation (or up to sixty (60) days if the investigation is related to a cross-border e-money fund transfer);

  • 9.3.3
  • We will inform you of our decision within three (3) business days after concluding our investigation;

  • 9.3.4
  • If we determine that there was an unauthorised fund transfer or Error, we will promptly credit the full amount into your UChatPay Account within seven (7) business days of our determination;

  • 9.3.5
  • If we decide that there was no unauthorised fund transfer or Error, we will include an explanation of our decision in our email to you. You may request copies of the documents that were used in our investigation.

  • 9.4
  • UChatPay Errors

  • We will rectify any Error that we have discovered. If the Error results in your receipt of less than the correct amount to which you are entitled, UChatPay will credit your UChatPay Account for the difference. If the Error results in your receipt of more than the correct amount to which you are entitled, UChatPay will debit the extra amount from your UChatPay Account.

  • 9.5
  • Your Errors

  • If you erroneously make an e-money fund transfer to the wrong party, or enter the wrong amount in the e-money fund transfer (based on a typographical error, for example), your only solution will be to contact the party which received the e-money fund transfer and request them to refund the e-money fund transfer. UChatPay will not reimburse you or reverse an e-money fund transfer that you have made in error.

  • 9.6
  • Safeguard your account

  • You agree to perform the following actions to safeguard your UChatPay Account by:

    • Not engaging in any of the Restricted Activities;
    • Keeping the details of your UChatPay Account and password secure;
    • Not allowing other person to have or use your UChatPay Account, Transaction PIN or password details;
    • Not revealing the details of your UChatPay Account or password or Transaction PIN except when using the UChatPay Services;
    • Not creating your password in a way that can be understood by any other person;
    • Not choosing a password that is made more memorable to you such as a sequence of letters or numbers that could be easily to guess with;
    • Taking precautions to ensure that no other person has any knowledge on your password when you use it; and
    • Complying with all reasonable instructions we may issue regarding on how you can safeguard your UChatPay Account.
  • 10.1
  • This Service is provided on an “as is” and “as available” basis. UChatPay disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to:

    • Availability, accessibility, timeliness and uninterrupted use of the Service;
    • Sequence, accuracy, completeness, timeliness or the security of any data, information provided to you as part of the Service; and
    • any implied warranty of merchantability, fitness for a particular purpose, non-infringement and any course of dealing, custom or usage of trade with respect to the Service.
  • 10.2
  • UChatPay will use reasonable endeavours to ensure that the Service is secure and cannot be accessed by unauthorized third parties but does not warrant the security or confidentiality of any information transmitted through the System or such other equivalent system in any jurisdiction via the Service.

  • 10.3
  • UChatPay shall not be liable or responsible to you and/or any other third party (ies) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenue, loss of profits or any consequential loss (even if UChatPay has been advised of the possibility of such damages or even if such damage is foreseeable), that result from your use of Service and/or unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Service or arising in connection with the fraudulent or unlawful acts.

  • 10.4
  • UChatPay is not responsible for any transactions made through the Service. Any dispute, error and mistake in transactions must be resolved between you and the transacting party.

  • 11.1
  • If you decide to terminate/ deactivate the UChatPay Account without misusing the UChatPay Account for money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities or any other illegal activities, you may only terminate / deactivate your UChatPay account after you have zero e-wallet balance.

  • 11.2
  • You may terminate /deactivate your UChatPay Account at any time by contacting our Customer Service at 03-76616211 or hello@uchat.com.my. Our Customer Service representatives will assist to terminate / deactivate your account from our back-end and you will receive an email notification once completed. Upon account termination/deactivation, we will cancel any such order submitted by you which have not been executed with any payment process.

  • 11.3
  • You may not evade an investigation by terminating/deactivating your UChatPay Account. If you terminate/deactivate your UChatPay Account while we are conducting an investigation, we may hold your funds to protect UChatPay, UChatPay affiliates or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your UChatPay Account even after the UChatPay Account is terminated or deactivated.

  • 12.1
  • You are required to keep your accounts and contact information updated at all times. Any account found to contain incorrect and/or outdated information will be suspended.

  • 12.2
  • It is the policy of UChatPay to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. UChatPay is committed to anti-money laundering compliances in accordance with applicable law and requires its directors, officers and employees to adhere to these standards in preventing the use of its products and services for money laundering purposes.

  • 13.1
  • In connection with your use of the UChatPay Account services, you should not:

  • 13.1.1
  • Provide false, inaccurate or misleading information;

  • 13.1.2
  • Use UChatPay Account for any illegal activities, including online gambling, regardless of whether online gambling is permitted in the jurisdiction in which you are located;

  • 13.1.3
  • Use UChatPay Account in a manner that may result in complaints, disputes, claims, penalties or other liability to UChatPay, other users or third parties or may be regarded as an abuse of the card system or a violation of card association or network rules;

  • 13.1.4
  • Breach this Agreement, other related UChatPay agreements or violate any applicable laws and regulations.

  • 13.1.5
  • If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may take various actions, including but are not limited to the following:

  • 13.1.6
  • We may suspend or restrict your access to the UChatPay Account service;

  • 13.1.7
  • We may terminate this Agreement and refuse to provide the UChatPay Account service to you;

  • 13.1.8
  • We may place a hold on to your UChatPay Account balance if reasonably needed to protect against the risk of liability;

  • 13.1.9
  • We may take legal action against you.

  • 13.2
  • Subject to any applicable laws and regulations, in the event that we discontinue providing the UChatPay Account service to you by reason of your breach of any applicable laws and regulations, this Agreement or UChatPay Account Service Agreement, we will credit you through the Payment Instrument last used to load your UChatPay Account, with your remaining UChatPay Account balance. UChatPay reserves the right to charge an administrative fee for such refunds.

  • 14.1
  • General

    You are responsible for all reversals, chargebacks, claims, fees, costs, fines, penalties and other liabilities incurred by UChatPay, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the UChatPay Services. You agree to reimburse UChatPay, a User, or a third party for any and all such liability.

    Liability for instructions given by you on your UChatPay Account. Any instructions and/or confirmation given by you on your UChatPay Account (whether verbal or in writing) once you have been authenticated will be relied on by UChatPay. UChatPay will not be responsible and liable for any loss or damage resulted by you or other person where UChatPay acts on those instructions in good faith, until and unless it was proven that UChatPay was found negligent in the act or omission.

  • 14.2
  • Reimbursement for Your Liability. In the event that you are liable for any amounts owed to UChatPay, UChatPay may immediately remove such amounts from your UChatPay Account balance. If you do not have a balance that is sufficient to cover your liability, your remaining balance (if any) will be removed, your UChatPay Account will have negative balance up to the amount of your liability, and you will be required to immediately add money to your UChatPay balance or reimburse UChatPay through an alternative method. If you do not do so, UChatPay may engage in collection efforts to receive such amounts from you.

  • 14.3
  • Actions by UChatPay – Restricted Activities. If UChatPay, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect UChatPay, Affiliates, other Users, other third parties or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

  • 14.3.1
  • We may deactivate, suspend, or limit your access to your UChatPay Account or the UChatPay Services;

  • 14.3.2
  • We may refuse to provide the UChatPay Services to you now and then;

  • 14.3.3
  • We may hold your funds for a period of time reasonably needed to protect against the risk of liability to UChatPay or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

  • 14.4
  • Actions by UChatPay - Reserves. UChatPay, in its sole discretion, may place a Reserve on funds held in your UChatPay Account when UChatPay believes there may be a high level of risk associated with your UChatPay Account. If UChatPay places a Reserve in your UChatPay Account, transactions will be shown as "pending" in your UChatPay Account balance, and you will not have access to funds in a “pending” status until they are cleared. If your UChatPay Account is subject to a Reserve, UChatPay will provide you with notice specifying the terms of the Reserve. The terms may require that a certain percentage of the amounts in your UChatPay Account are held for a certain period of time, or that a certain amount of money is held in Reserve, or anything else that UChatPay determines is necessary to protect against the risk associated with your UChatPay Account. UChatPay may make amendments to the terms of the Reserve at any time by providing you with notice of the new terms.

  • 14.5
  • Actions by UChatPay – UChatPay Account Deactivation, Termination of Service, Limited Account Access; Confidential Criteria. UChatPay, in its sole discretion, reserves the right to terminate this Agreement and/or access to the UChatPay Services for any reason and at any time upon notice and payment to you of any unrestricted funds held in your UChatPay Account balance. If we limit access to your UChatPay Account, including through a Reserve or hold, we will provide you with a notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that UChatPay’s decision to take certain actions, including limiting access to your UChatPay Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users’ UChatPay Accounts and the UChatPay system. You agree that UChatPay is under no obligation to disclose the details of its risk management or its security procedures to you.

  • If you have not transacted your UChatPay Account for a consecutive twelve (12)-month period, your UChatPay Account is deemed inactive and an administrative charge, subject to certain terms and conditions, may be charged against the remaining amount in your UChatPay Account balance, until (i) such time that you perform a transaction; or (ii) your UChatPay Account will be terminated by us once there are insufficient funds to pay the administrative charges.

  • We reserve the rights to amend this Agreement at any time by publishing an updated version at the UChatPay website. The updated version of this Agreement shall take effect twenty one (21) calendar days later after publishing at the UChatPay website. Each time you use the UChatPay Account service you confirm that you agree to be bound by the Agreement as may be amended from time to time.

  • This Agreement and/or operations of the UChatPay Account maintained by us and/or the use of services provided through UChatPay Services are construed to be governed in accordance with the laws in Malaysia. We accept no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than Malaysia. The mere fact that you are able to access UChatPay Services through Internet from a country other than Malaysia shall not be interpreted to imply that the laws of the said countries govern this Agreement and/or the operations of the UChatPay Account through Internet and/or the UChatPay Services. You agree to abide by prevailing laws in respect of UChatPay Services applicable in Malaysia. It is your responsibility to comply with any regulation prevailing in the country from where you are accessing the Internet.

    All disputes shall be subjected to the jurisdiction/authority of the Courts in Kuala Lumpur (Malaysia). However, we may, in our absolute discretion commence any legal actions or proceedings arising out of these terms in any other court, tribunal or other appropriate forum, and you are hereby consenting to that jurisdiction/authority.

  • If you have any enquiry or complaint which is not addressed by ISPG or UChatPay, you may contact Bank Negara Malaysia at:

    Bank Negara Malaysia

    Laman Informasi Nasihat dan Khidmat

    (Walk-in Customer Service Centre)

    Ground Floor, D Block,

    Jalan Dato’ Onn

    50480 Kuala Lumpur

    Contact Centre (BNMTELELINK)

    Tel: 1300-88-5465 (Overseas: 603-2174-1717)

    Fax: 603-2174-1515

    E-mail: bnmtelelink@bnm.gov.my