This Terms and Conditions (“agreement”) is a legal and binding agreement between you and Wavpay Systems Sdn Bhd (“WSSB”). Please read it carefully.
By submitting your Merchant Application Form, you acknowledge that you have read and fully understood and agree to be bound by all of the terms and conditions of this agreement, the privacy notice and all documents incorporated by reference upon the approval of your application by us, the approval of which is at our sole and absolute discretion.
This agreement is made between you and WSSB.
In this Agreement, “Merchant”, “you” and “your” refer to each merchant (“Merchant”) and “WSSB”, “we”, “us” and “our” refer collectively to Wavpay System Sdn Bhd (Company No. 1214806-H), a company incorporated in Malaysia with its registered office at 18, Level 2, Jalan Perai Jaya 1, Bandar Perai Jaya, 13700 Perai Pulau Pinang (“WSSB”).
Merchant and WSSB are collectively referred to as “Parties” and separately as “Party”.
Wheras:
A. WSSB is an e-money issuer approved by Bank Negara Malaysia under the Financial Services Act 2013 providing E-Wallet mobile application known as WavPay E-Wallet which allows end-users to make payments using WavPay E-Wallet for products or services bought from the Merchant.
B. Merchant wishes to accept payments from WavPay E-Wallet, for products or services purchased from the Merchant in accordance with this Agreement.
Definitions and Interpretations
In this Agreement where the context so admits the following expressions shall have the meaning designated unless otherwise distinguished:
| Agreement | Means this Merchant Terms and Conditions including any annexures thereof, the Privacy Notice and the Wavpay Merchant Application Form submitted by you/on your behalf; |
| Bank Charges | Means any bank charges charged by the bank for the remittance of Settlement to the Merchant by Wavpay; |
| Business Day | Means a day (excluding Saturdays, Sundays and public holidays) on which banks in Kuala Lumpur and/or Selangor are opened for general banking business; |
| Buyer | Means any valid WavPay E-Wallet user who makes any payment to you for goods or services purchased, bills payment, or otherwise makes payment to you through the use of the Service; |
| Campaign | Means campaigns/ activities/ initiatives which may be initiated by WSSB from time to time which are to be taken part by the Merchants; |
| Charge back | Means, where relevant, any disputed transactions between WSSB and Merchant arising from the Campaigns, which may be charged ultimately to the Merchants by way of Deduction; |
| Commencement date | Means the commencement date of WSSB Services as WSSB may notify you via electronic mail or any other methods as determined by WSSB from time to time; |
| Confidential Information | Means any documents, knowledge, data, or information of whatsoever nature disclosed to or acquired by the Merchant directly or indirectly from WSSB in connection with the Agreement, or otherwise including, but not limited to the following: i) financial information; ii) technical information, including but not limited to research, development, procedures, data, designs, and technical know-how; iii) business information, including but not limited to operations, planning, marketing interests, and services disclosed by WSSB to the government or regulatory body; iv) personal information/data of any Customers, and WSSB’s staff; and v) all confidential or proprietary concepts, documentation, reports, lists, files, data, specifications, software, source code, object code, flow charts, databases, data files, inventions, information, know-how and trade secrets, whether or not patentable or copyrightable. |
| Customer | Means any valid WavPay E-Wallet user who makes any payment to you for goods or services purchased, bills payment, or otherwise makes payment to you through the use of the Service; |
| Customer Charge | Means the sale price of the Product and/or Service purchased or availed by the Customer plus all other taxes, duties, costs, charges and expenses in respect of the Product and/or Service that are to be charged to the Customer’s Wavpay wallet; |
| Deductions | Means:Wavpay Service Charges (if applicable); i) Merchant Discount Rate (MDR); ii) Offset amount for total transaction value due to bulk purchase (if applicable); iii) Refunds or Charge Back (if applicable); iv) Any fees or charges passed on to Wavpay by the financial institution in respect of the Transactions;Sales and Services tax or any other tax in similar nature (if applicable) and v) any other charges or amounts due to Wavpay under this Agreement or otherwise. |
| Intellectual Property Rights | Means all of the following:Trademarks (including trade dress), service marks, logos or trade names, whether registered or unregistered, together with the goodwill associated with any of the foregoing, and all registrations, renewals and applications for registration thereof;Those rights existing under the copyright laws for those works subject to the copyright laws and copyright registrations and applications for registration thereof, including all renewals and extensions thereof;Rights in trade secrets, confidential business information and other proprietary information (including concepts, ideas, designs, processes, procedures, techniques, technical information, specifications, operating and maintenance manuals, drawings, models, tools, algorithms, software architectures, methods, know-how, technical data and databases, discoveries, inventions, research and development, formulas, modifications, extensions, improvements and other proprietary content);Rights in computer software programs, including but not limited to application software, system software, firmware, middleware and mobile digital applications, including all source code, object code, and documentation related thereto, in any and all forms and media;Rights in domain names, domain name registrations and web pages; andAll other intellectual property rights in any and all jurisdictions throughout the world. |
| Laws | Means Financial Services Act 2013, Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, Consumer Protection Act 1999, Personal Data Protection 2010, Penal Code, and any law (whether domestic or international), statute, code, rule, guidelines, notices, ordinance, regulation, directive, order, judgment, writ, injunction or decree, and includes any changes in the application or interpretation thereof; |
| Merchant | Means the person who registers to become a WSSB’s merchant and receives QR Payments for good and services from Buyer through WavPay QR; |
| Merchant Application Form | Means the binding application form filled up and submitted by the Merchant/WSSB on behalf of the Merchant, offline or online; |
| Merchant’s Bank Account | Means the bank account of the Merchant as specified by the Merchant during its registration process with WSSB. For the avoidance of doubt, if the Merchant is a body corporate, the designated bank account shall be in the name of such entity. If the Merchant is an individual, the designated bank account shall be in the name of such individual; |
| Merchant Portal | Means the following: i) Application provided by WSSB via our Website that you can securely access based on the given user identification and password to view your Merchant profile, sales transaction and settlement status; ii) Mobile application that you can download from Apple App Store, Google Play or other application stores that is approved by WSSB to view your Merchant profile, sales transaction and settlement status; iii) The version to be provided to you will be based on availability during submission of Merchant Application Form. |
| Personal Information | Means personal data as defined in Personal Data Protection Act 2010; |
| Platform | Collectively means WSSB Website, WavPay Merchant mobile application, and/or any platforms (whether known now or in the future) made available by us from time to time to provide you with the Service; |
| Privacy Notice | Means the privacy notice applicable to the Personal Information of Merchants and/or the personnel of the Merchants, which can be found at www.wavpay.net; |
| Product | Means a tangible or intangible commodity/product manufactured, marketed, distributed and/or sold by the Merchant, to the Customer(s), the payment for which is to be made through the Customer’s Wavpay wallet; |
| QR | Means Quick Response Code, a type of matrix barcode (or two-dimensional barcode) that contains information about an item to which it is attached. There are two (2) types of QR codes namely Static QR Code and/or Dynamic QR code; Static QR code refers to a fixed and unchangeable code produced for Merchant which only has the Merchant account details embedded within the code. Static QR Code can be scanned repeatedly. Buyer is required to enter the amount when making QR payments using Static QR code. Dynamic QR code refers to a unique and changeable code produced by Merchant which has the Merchant account details and transaction information embedded within the code. Dynamic QR code can only be scanned once. Buyer does not need to enter the amount when making QR Payments using Dynamic QR code. |
| Service | Means any service that Merchant offers to provide and available for the Customer, of which the payment is to be made through the Customer’s Wavpay E-Wallet; |
| Settlement | Means the Customer Charge less the Deductions; |
| Setup Fee | Means a one-off, non-recurring and non-refundable fee payable by the Merchant to Wavpay at the time of signing this Agreement or such other time prior to the commencement of the Wavpay Services in the amounts set forth in the Appendix of Merchant Application Form or otherwise agreed by the Parties; |
| Term | Means the term as stated in the Appendix of the Merchant Application Form (if applicable) as approved by us or otherwise agreed by the Parties; |
| Transaction | Means every demand of the Customer to the Merchant, which results in the supply of Product or provision of Service by Merchant to the Customer; |
| Transaction Fee | Means a fee payable by the Merchant to WSSB for each Transaction based on the formula set forth in the Merchant Application Form or otherwise agreed by the Parties; |
| WavPay Business App | means the online Merchant Portal named as “WAVPAY Merchant” or such other name as may be determined by Wavpay from time to time which is accessible/downloaded by the Merchant; |
| WavPay E-Wallet | Means the mobile application named as “WavPay E-Wallet” or such other name as may be determined by WSSB from time to time which is downloaded by the Customer from Apple App Store, Google Play or other application stores that is approved by WSSB; |
| WavPay QR | Means static or dynamic QR code made available for making payments of purchase transactions between WavPay E-Wallet user and the merchant; |
| Wavpay Service Charges | Means the Setup Fees (if any) and Transaction Fee; |
| Wavpay Services | Means the E-Wallet payment solution and/or platform provided to the Merchant, which is developed and deployed by WSSB for the purposes of enabling payment transactions by the Customers to the Merchant. Wavpay Services shall include, but not limiting to, the collection of Customer Charges from the Customers and the remittance of Settlement to the Merchant; |
1. Use of Wavpay Merchant Portal
Merchant agrees to browse and access via secure user identification and password into the WavPay Merchant Portal in order to set up and use the service. Merchant acknowledges that the access and use of WAVPAY Merchant Portal shall depend on the type of access and agree that not all such services shall be available.
2. Information
1. Bank Account Information
a) Merchants are to select their own Bank Account. This account will be used by WSSB for receipt of QR Payments from the Buyers to Merchant. The Merchant further agrees that WSSB is entitled to debit the Merchant’s Account for service charges and/or any other related charges in relation to WAVPAY Merchant Services. Merchant is prohibited from using any Account, which does not belong to Merchant.
b) WSSB does not warrant the accuracy of any information pertaining to the Merchant’s Account(s), or transactions as reported through WAVPAY Merchant Services due to time delays, glitches and other similar system delays and/or errors that may occur. Customers are advised to regularly review any alerts, statements or notices issued or made available by WSSB, to ensure that there are no errors, irregularities, discrepancies, claims or unauthorised items or transactions, regularly and from time to time.
2. Personal and Business-related information
a) The Merchant must be 18 years of age or above and must provide true, correct and accurate information to WSSB in relation to their Personal and Business which includes but not limited to information pertaining to their Name, NRIC, Mobile Number, Nationality, Address, Nature of Business, Business Name, and Account.
b) In the event there are any changes to the information, the Merchant shall update the information via the Application and/or notify WSSB immediately by means acceptable to WSSB.
c) The Merchant acknowledges that WSSB shall not be liable and Merchant shall indemnify WSSB for any loss or damage that may arise due to Merchant’s failure or delay to keep WSSB and/or Third-Party Bank updated as to any changes to information including but not limited to information as specified in (a) and (b).
3. Merchant shall observe all security measures prescribed by WSSB from time to time relating to WAVPAY Merchant services in particular over their Username, and password from falling into the wrong hands.
4. Merchant must take all reasonable precautions and diligence to prevent any unauthorized use of their QR and their Merchant devices including but not limited to the following measures:
a) enable lock on their merchant devices;
b) not keep any written record of Username or Password on, with or near their Merchant Devices;
c) not display or to allow another person to see the Username and Password during entry into the Merchant Portal;
d) not use the Merchant Portal negligently or recklessly which will contribute to or cause losses from any unauthorised Merchant transactions by any Third Party;
e) avoid using date of birth, identity card number or mobile number as the Password;
f) check the Account details and transactions and report any discrepancy without undue delay;
g) log out from the Merchant Portal properly after use and not leave their Merchant Devices unattended;
h) ensure correct profile is used when using the Merchant Portal;
i. At no time and under no circumstances shall the Customer reveal his/her Username and/or Password to anyone including to any of WSSB’s staff.
5. Should Merchant have any reason to believe that any of their Username and Password have been misused and/or compromised by disclosure, discovered or howsoever, they must inform WSSB immediately and/or take the necessary steps to change and recreate new Username and Password.
6. Merchant agrees that WSSB has the right to invalidate their Username and Password for breach or potential breach of any terms herein, or of any laws and/or regulations and/or to ensure or maintain the security of WAVPAY Merchant Services and its users where WSSB deems appropriate. They shall not hold WSSB liable for any loss or damage suffered because of such invalidation of their Access Codes
3. Merchant’s obligation
1. Merchant must use the WAVPAY Merchant Portal and QR code provided to the Merchant responsibly and not use it for any unlawful activities.
2. Merchant must have good title or ownership over the products and services they offer to Buyers.
4. Restricted activities
1. Merchant has a duty to ensure the information provided and activities conducted through WavPay Merchant Portal shall NOT:
a) be false, inaccurate or misleading;
b) be fraudulent or involve the sale of counterfeit or stolen items;
c) consist of providing illegal money lending;
d) be related in any way to any type of gambling and/or gaming activities;
e) violate WSSB’s Acceptable Use Policy;
f) infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy;
g) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising);
h) be defamatory, trade libel, unlawfully threatening or unlawfully harassing;
i. be obscene or contain pornography;
j) contain any viruses, Trojan horses, worms, time bombs cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;
k) facilitate the sale of counterfeit goods;
l) cause WSSB to receive excessive complaints regarding your account or business;
m) present to WSSB a risk of non-compliance with WSSB’s anti-money laundering obligations (including, without limitation, where we cannot verify your identity).
2. If there is any use or attempt to use the QR Code for any type of unlawful purposes (including but not limited to the above), Merchant’s access to Merchant Portal will be terminated. Merchant may be subjected to damages and other penalties, including criminal prosecution where available.
3. Should the Merchant have any reason to believe that any persons have tampered their Static QR Code, the Merchant shall immediately reprint and replace the tampered Static QR Code.
5. Promotion activities
1. WSSB may introduce promotion and campaign activity for WavPay e-wallet users such as loyalty programs, cashback and other incentives to promote the use of e-wallet. WSSB’s staff may contact Merchant to explain the promotion activity, benefits and arrangement to the Merchant.
2. Merchant acknowledges and agrees that Buyers in relation to the QR Promotion offered may contact them.
3. The Promotion in Wavpay Merchant Portal shall be the responsibility and accountability of the Merchant. Merchants agrees to take all reasonable steps to ensure all content and terms stated in the Promotion are correct and fair and is in NO way violating any rules and laws of Malaysia and/or causing any harm, offense and/or discrimination to the Buyers or the General Public.
4. WSSB plays no part in the Promotion creation if initiated and performed by the Merchant and shall not be liable for any misrepresentation of Merchant’s QR Promotion.
6. Fees & charges
1. The service charges or transaction fees may be varied from time to time at the absolute discretion of WSSB. The Merchant acknowledges that WSSB shall, subject to giving the Merchant a twenty-one (21) days prior notice, be entitled to levy or impose service charges or transaction fees and/or revise them from time to time.
2. The Merchant acknowledges that the Merchant is responsible for all fees and charges imposed by Network or other service providers in enabling Merchant to access and/or connect to Wavpay Merchant Portal.
3. The Malaysian Sales & Services Tax (SST) will be imposed on all service charges or transaction fees charged by WSSB to the Merchant under this agreement and the Merchant agrees to pay WSSB the SST amount as and when notified by WSSB
7. Intellectual Properties
1. The Merchant acknowledges that all proprietary and intellectual property rights in WavPay Merchant Portal and QR Code provided hereunder belongs to WSSB, and where applicable, its affiliates at all times.
2. Other than information related to the Merchant’s Accounts, all content available on WAVPAY Merchant Portal and/or Application (including its arrangement) is the property of WSSB or Third Parties and is protected by copyrights, trademarks, or other intellectual and proprietary rights.
3. The Merchant’s usage of WavPay Merchant Portal and QR Code provided does not grant the Merchant a license or right to use the trademark, service mark, copyright, patent or any other intellectual property right whether formally protected, applied for or otherwise. In addition, the Merchant’s usage of WavPay Merchant Portal and QR Code provided does not grant the Merchant a license or right to use any Third-Party trademark without the express written approval of the Third-Party possessing rights to such trademark.
8. General
1. The Merchant hereby agree to examine all WSSB’s alerts, statements (including e-Statements) and records of the Instructions, communications, operations or transactions made or performed, processed or effected through WavPay Merchant Portal regularly and in a timely manner
2. The Merchant hereby undertake to notify WSSB immediately and without delay and in any case, no later than thirty (30) days from the date of receipt of the alerts, statements and records of any such errors, irregularities, discrepancies, claims or unauthorised items or transactions. The Merchant acknowledge that failure or delay to provide such notification forthwith shall be deemed as the Merchant conclusive agreement and acceptance that all matters contained in the alerts, statements and records are true and accurate in all respects and shall be binding on the Merchant for all purposes and conclusive evidence of the transaction. The Merchant hereby agree that all such records are admissible in evidence and that the Merchant shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were incorporated and/or set out in electronic form or were produced by or are the output of a computer system, and hereby waive any of the Merchant’s rights (if any) to so object.
3. Any Instructions transmitted by the Merchant after the relevant cut-off time on any day shall be posted in the books and records of WSSB on or for the next business day following the date of the Instruction.
4. The Merchant shall not be entitled to use WavPay Merchant Portal and QR Code provided, if there exist any restrictions whatsoever in relation to the Merchant’s Account(s) or Third-Party Account(s) imposed either by WSSB or by any relevant authorities or Third-Party Bank.
9. Suspension or termination
1. Notwithstanding anything herein to the contrary, WSSB may at any time, suspend or terminate the Merchant’s right of access to WavPay Merchant Portal and QR Code provided or any part thereof or of any medium it is made available under, for the breach or potential breach of any terms herein, laws and/or regulations and/or to ensure or maintain the security of WavPay Merchant Portal and QR Code provided and its users where WSSB deems appropriate.
2. WSSB shall automatically terminate the Merchant’s right of access to WavPay Merchant Portal should the Merchant falls into any blacklisted and/or negative reports, cease to maintain any Account(s) with WSSB or Third Party Bank or should the Merchant’s access to such Account(s) be restricted by WSSB or any other party for the breach or potential breach of any terms herein, or of any laws and/or regulations and/or to ensure or maintain the security of WavPay Merchant Portal and QR Code provided and its users where WSSB deems appropriate.
3. The Merchant may terminate its usage by deleting or cease access or usage of the Merchant Portal and.
4. Notwithstanding the instances as stated above, WSSB reserves the right to terminate the Merchant’s access to WavPay Merchant Portal and QR Code provided without assigning any reason thereto.
5. The Merchant acknowledges that termination shall not affect the Merchant’s liability or obligations in respect of instructions provided to and/or processed by WSSB on the Merchant’s behalf.
10. Indemnity
1. The Merchant hereby agree to be liable for and to fully indemnify and keep WSSB fully indemnified from and against any and all claims, losses, liabilities, cost and expenses (including but not limited to any legal fees) arising directly or indirectly or which may arise out of:
a) the Merchant‘s breach or violation of these Terms and Conditions or any Third-Party rights;
b) the Merchant’s use or purported use of WavPay Merchant Portal and QR Code provided;
c) the Merchant’s fraudulent acts;
d) the Merchant’s disclosure of Username and password to any other person or in any emails or on other websites;
e) the Merchant’s failure to take reasonable steps to keep the password private and/or secure at all times;
f) the Merchant’s failure to report a breach, disclosure or compromise of the password as soon as reasonably practicable upon being aware of the breach or loss respectively;
g) WSSB discharging a mandate provided by the Merchant.
h) WSSB enforcing its rights against the Merchant; or
i. WSSB complying with any court judgment or any court order, or any decree or directive or order whether or not having the force of law issued by any legally constituted tribunal body entity or authority, arising from any court actions or court proceedings or from any other proceedings, actions or claims other than that of a court and which are applicable to or directed to or in any way related to the Merchant.
2. The Merchant’s liability and obligation to indemnify hereinabove however shall not apply to the extent that the same arises from:
a) a technical breakdown or proven deficiency in the systems and equipment under the full control of WSSB;
b) a proven weakness or vulnerability in the security features and controls adopted by WSSB;
c) transaction(s) that occurred after WSSB has been notified by the Merchant of an unauthorised transaction or of the breach, disclosure or compromise of any of its user(s)’ security access, provided that the said breach, disclosure or compromise was not due to the Merchant’s own act or omission or the acts or omission of persons or entities under its control;
d) transaction(s) that occurred immediately prior to WSSB being notified by the Merchant of the unauthorised transaction or of the breach, disclosure or compromise of any of its user(s)’ security access provided that the said breach, disclosure or compromise of the security access was not due to the Merchant’s own act or omission (or the acts or omission of persons or entities under its control) and that the notification was made forthwith and without delay; and
e) transaction(s) that occurred prior to the Merchant’s receiving any security access in relation to the transaction; or
f) where applicable, security access that are forged, faulty, expired or cancelled provided that they are not due to the Merchant’s own acts or omissions or the acts or omission of persons or entities under its control.
11. Notices
1. The Merchant hereby consent to all notices and other communications which concern WavPay Merchant Portal and QR Code provided are required under these Terms and Conditions, to be given by WSSB in any one of the following manners:
a) By ordinary post to the Merchant’s last address in WSSB’s records and such notification shall be deemed received two (2) days after posting.
b) By electronic mail to the Merchant’s last known e-mail address in WSSB’s records and such notification shall be deemed received twenty-four (24) hours after sending.
c) By being displayed on WSSB’s premise and such notification shall be deemed effective upon such display.
d) By way of advertisement made once in any national newspaper and such notification shall be deemed effective on the date of publication of the advertisement in any such newspaper.
e) By inserting a notice in WSSB’s statement of Account to the Merchant and such notification shall be deemed effective two (2) days after the date of posting of the notice contained in the statement of Account to the Merchant.
f) Broadcasting a message on WSSB website; or
g) By notification to the Merchant in any other manner as WSSB deems fit.
12. Complaints
1. If the Merchant has any enquiries or require any assistance, please refer to our helpdesk at [email protected]. In addition, the Merchant is advised to review our Privacy Policy, Security Statement, and Client Charter in the WSSB website.
2. In the event that the Merchant has any complaints and/or disputes arising from WAVPAY Merchant Services and/or Application and these Terms and Conditions, please refer to our helpdesk at [email protected].
3. The Merchant shall specify the nature of the Merchant’s query, complaint, and/or dispute and such other details or information as may be required by WSSB and such complaint and/or dispute shall be investigated, handled, and/or resolved in accordance with WSSB’s complaints and dispute resolution procedure.
4. The Merchant undertakes that any such complaints and/or disputes made by the Merchant are true and legitimate and the Merchant acknowledges that the Merchant shall be liable to WSSB in relation to false or fraudulent complaints or claims.
5. All complaints to WSSB concerning WavPay Merchant Portal and QR Code provided and these Terms and Conditions shall be via email, sent to WSSB at [email protected].
13. Force Majeuer
1. WSSB shall not be liable to the Merchant or any third party for any inconvenience, injury, expense, liability, damages, loss of profits, earnings, or goodwill if WSSB and/or Third Party are unable to perform any of its obligations hereunder or to provide any of the services due to Force Majeure.
14. Severability & waiver
1. If any Terms and Condition are found to be illegal or prohibited, they shall be ineffective only as to the illegal or prohibited parts of such Terms and Conditions. The remaining Terms and Conditions shall not be affected.
2. Any waiver or indulgence granted shall not prevent WSSB from enforcing the other parts of the Terms and Conditions which are unaffected by such waiver or indulgence, or from enforcing any other rights nor shall it require WSSB to grant further indulgence. The rights and remedies provided by law are not excluded by these Terms and Conditions.
15. Variants
1. The Merchant acknowledges that (among others) to ensure the improvement, smooth and efficient provision of WavPay Merchant Portal and QR Code provided, WSSB shall have the right and discretion to make such amendments and modifications as it deems necessary to:
a) and/or new trade the procedures and processes applicable to WAVPAY Merchant Services and/or Application (i.e. procedure for registration and activation of Merchant, etc.); and
b) the trade or service names used in relation to WavPay Merchant Portal and QR Code provided as referred to in these Terms and Conditions. Notwithstanding the same, the Merchant hereby agrees that pending actual changes being effected to these Terms and Conditions, the said Terms and Conditions shall nevertheless continue to be applicable to WavPay Merchant Portal and QR Code provided whereby the amended or modified procedures and processes and/or new trade or services names shall be deemed to replace the previous procedures and processes or services names, accordingly.
16. Law & jurisdiction
1. The Laws of Malaysia shall govern these Terms and Conditions and the Merchant hereby consent and submit to the exclusive jurisdiction and venue of the courts in Malaysia in all disputes arising out of or relating to the use of WavPay Merchant Portal and QR Code provided. The above governing law and place of adjudication of dispute shall apply notwithstanding the access location of the Merchant.
17. Disclaimer
1. The materials and information made available via WavPay Merchant Portal and QR Code provided including but not limited to services, products, information, data, text, graphics, audio, video, links or other items are provided by WSSB on an “as is” and “as available” basis. References to material and information contained on WavPay Merchant Portal and QR Code provided include such material and information provided by third parties.
2. WSSB does not make any express or implied warranties including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of WavPay Merchant Portal and QR Code provided and the material, information and/or functions therein. Further, WSSB does not warrant that access to the whole or part(s) of WavPay Merchant Portal and QR Code provided, the materials, information and/or the functions contained therein will be provided uninterrupted or free from errors or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your mobile devices and/ or computer system. Except as otherwise expressly stated in these Terms and Conditions and to the extent permitted under laws and regulations (which includes any guidelines, circulars or rules issued by relevant governing bodies), WSSB expressly disclaims liability for errors and omissions in such materials, information and/or functions as well as delays, failure or error of access and/or transmission. Without limiting the above and/or the terms and conditions of the applicable agreements governing all the products and services of WSSB, reasonable measures will nevertheless be taken by WSSB to ensure the accuracy and validity of all information relating to transactions and products of WSSB, which originate exclusively from WSSB.