Terms of Service

SCHEDULE 8 (Only applicable to DuitNow Payment Channel)

The Merchant hereby acknowledges and agree that by entering into a contract/commercial agreement with Fiuu, the Merchant has undertaken the necessary risk assessment to mitigate any potential risks that may emerge in relation to the contract/commercial arrangement entered into with Fiuu. For the avoidance of doubt, the specific terms and conditions below shall be read together with the Agreement.

Definitions:

The following terms are defined for use in this Agreement, unless the context otherwise requires:

“Dynamic QR” means a QR Code that is generated after the merchant or recipient key-in the amount of the payment or credit transfer.

“DuitNow QR” means a service which facilitates industry wide ubiquitous payments or credit transfer by scanning the QR Code which complies with DuitNow National QR Standard.

“DuitNow QR Operator” means Payments Network Malaysia Sdn Bhd (Company No.: 200801035403 [836743­D]).

“Static QR” means a QR Code displayed which requires the individual to key-­in the amount of the payment or credit transfer.

“QR Code” means a two-dimensional barcode that can be read using the camera of a smartphone or mobile device that is equipped with QR reader.

1. DuitNow QR Service

          1.1. Merchant is responsible for ensuring that the transaction amount keyed­-in or displayed  is correct prior to confirming the transaction. The transaction amount keyed-­in or displayed via the  QR Code shall be deemed by the DuitNow QR Operator to be correct upon your confirmation of the transaction. Fiuu and DuitNow QR Operator are under no obligation whatsoever to verify that the amount received by the Merchant matches with the transaction amount.

          1.2. DuitNow QR Operator will notify the Merchant on the status of each successful, failed or rejected DuitNow QR transaction via any of our available communication channels chosen by the Merchant.

          1.3. Merchant acknowledge and agree that the DuitNow QR Operator shall have no duty to and shall not be required to take any steps to verify or seek any other confirmation from any party as to whether such DuitNow QR transaction is made by the intended/genuine party.

          1.4. Pursuant to Clause 1.3 above, Merchant agree that once a DuitNow QR transaction is confirmed, it will be deemed irrevocable and Merchant will not be able to cancel, stop or perform any changes to  that DuitNow QR transaction.

2. Recovery of Funds

           2.1. Merchant have rights in relation to the investigation and recovery of mistaken payments, erroneous payments and unauthorized or fraudulent DuitNow QR transactions made to Merchant’s account.

3. Unauthorized or Fraudulent DuitNowQR Transaction

           3.1. For DuitNow QR transactions which were not authorized by the Merchant or which are fraudulent, DuitNow QR Operator will, upon receiving a report from the Merchant alleging that an unauthorized or fraudulent DuitNow QR transaction was made, remit the funds back to the Merchant provided the following conditions are met:

                    3.1.1. DuitNow QR Operator shall conduct an investigation and determine within fourteen (14) Calendar Days, if the  unauthorized or fraudulent payment did occur; and

                    3.1.2. If the  unauthorized or fraudulent payment Instruction did indeed occur and caused by the Merchant, DuitNow QR Operator shall initiate a reversal process whereby all credit posted to Merchant account arising from the unauthorized or fraudulent payment instruction would be reversed.

4. Liability and Indemnity

          4.1. Merchant acknowledge and agree that, unless expressly prohibited by mandatory laws, DuitNow QR Operator shall not be liable to the Merchant or any third party for any direct, indirect or consequential losses, liabilities, costs, damages, claims, actions or proceedings of any kind whatsoever in respect to any matter of whatsoever nature in connection with the DuitNow QR service offered by DuitNow QR Operator arising from:

                  4.1.1. Merchant negligence, misconduct or breach of any of these Schedule 8;

                  4.1.2. Insufficient funds in the Merchant account for DuitNow QR Operator to process the DuitNow QR transaction;

                  4.1.3. Merchant have exceeded its daily transfer limit;

                  4.1.4. Any payment instruction given or purported to be given by the Merchant;

                  4.1.5. Any erroneous transfer of funds by the Merchant, including any transfer of funds to the  wrong third party; or

                  4.1.6. The suspension, termination or discontinuance of the DuitNow QR Service.

          4.2. Merchant shall indemnify and hold the DuitNow QR Operator and its affiliates harmless from and against  any loss or damage suffered due to any claim, demand, or action brought against  the DuitNow QR Operator and its affiliates resulting from any negligent and/ or fraudulent act by the Merchant.

5. General

           5.1. DuitNow QR Operator reserve the right to revise at any time, such charges for the use of the DuitNow QR Service, by providing to the Merchant with thirty (30) days written notice. Such revisions shall take effect from the date stated in the notice. Where Merchant continue to access or use the DuitNow QR service after such notification, Merchant shall be deemed to have agreed to and accepted such revisions to such charges.

           5.2. Merchant acknowledge that the DuitNow QR Operator may terminate the Merchant use of the DuitNow QR Service for any   reason, with prior notice.

           5.3. Merchant acknowledge that DuitNow QR Operator have the right to change, restrict, vary, suspend or modify this Schedule 8 by providing the Merchant with thirty (30) days notice in such manner as we deem fit.

           5.4. Merchant consent to the collection, use and disclosure of your personal data (including contact details) by the DuitNow QR Operator, its affiliates and its service providers as required  for the purposes of the DuitNow QR Service.