Terms of Use
Please read these terms and conditions (“Terms of Use”) relating to your use of Paidchain Sdn. Bhd. [Company No. 200501006300(683347-P)] (“Paidchain” or used in the alternative “we”) Website (https://paidchain.my/) (“Website”).
This Website and the associated services are provided by Paidchain.
By accessing and using this Website or registering as a Merchant and creating an account or using Paidchain’s services, you acknowledge that you have read, understood and agreed to be bound by the Terms of Use set out below, as well as by our Privacy Policy. If you do not agree to any of these Terms of Use, or our Privacy Policy, do not access or use the Website and Services.
Paidchain shall be entitled to vary these Terms of Use at any time without notification to the User. Once the updated Terms of Use on this Website is published by Paidchain, the User is deemed to be notified of the changes and the User agrees that his/her ongoing use of the Website after publication of changes to the Terms of Use indicates the User’s consent to the changes and agreement to comply with the revised Terms of Use. Please be sure to check the Terms of Use regularly to keep up to date with any changes.
IF YOU ARE CREATING AN ACCOUNT ON BEHALF OF A BUSINESS OR GOVERNMENT ENTITY THE NAME OF WHICH IS ENTERED IN THE CUSTOMER ACCOUNT DETAILS, BY ACCEPTING THESE TERMS YOU ARE WARRANTING TO Paidchain THAT YOU ARE AUTHORIZED BY THE BUSINESS OR GOVERNMENT ENTITY TO DO SO AND TO BIND THE BUSINESS OR GOVERNMENT ENTITY BY YOUR ACCEPTANCE OF THESE TERMS. IN THAT CASE, “YOU” AND “USER” REFERS TO THE BUSINESS OR GOVERNMENT ENTITY NAMED IN THE CUSTOMER ACCOUNT DETAILS (AND ANY SUCCESSOR ENTITY OR ASSIGNEE OF THE BUSINESS).
1. DEFINITIONS
Unless inconsistent with the context, the following expressions as used in these Terms of Use shall have the following meanings:
“Account” means an identity created for the User of the Website and/or the Merchant Account for the Merchant to use the Services whereby such Account is accessible by the User to use the Website and/or the Services;
“Merchant” means the User who uses or intend to use the Services for business transactions;
“Paidchain” or “we” means the entity first hereinbefore referred to, or any successor in title, or any related body corporate or affiliate nominated for the purpose of provision of any of the Services;
“Services” means the services offered by Paidchain;
“User” means any user of the Website that has agreed to these Terms of Use, created an account; and where the User is a corporate body, representatives authorised by such User to use the Merchant account and access the Website;
“Website” means https://paidchain.my/ that is operated by Paidchain, but does not include any links that direct to the websites of any third parties other than Paidchain.
2. Paidchain SERVICES
The services Paidchain provides includes:
- 2.1. A platform for payment transactions whereby Paidchain consolidates and connects all banks, payments, and cards that you are affiliated with onto one single payment terminal;
- 2.2. Recording your transactions in real-time;
- 2.3. Offering business solutions that cater to your business needs, ensuring that the best payment solutions are implemented for your business;
- 2.4. Fraud management whereby Paidchain mitigates chargeback by storing all your receipts and proofs of payments onto a cloud platform so that such information becomes easily accessible when required; and
- 2.5. Such other services that Paidchain may offer from time to time.
3. ACCOUNTS
- 3.1. When a User creates an Account (or authorizes an Account to be created in its name) in order to use the Services, the User will create a username and password.
- 3.2. The User agrees to keep the password confidential and secure at all times and not to provide its username and password to any person that is not acting on the Userʼs behalf and for the Userʼs benefit. The User must not provide its Account’s access to the Website to third parties for any reason whatsoever.
- 3.3. By creating an Account, the User represents and warrants that:
- 3.3.1. in the case of a natural person, the User is at least eighteen (18) years of age;
- 3.3.2. the User agrees to comply with these Terms of Use;
- 3.3.3. the information provided by the User to create the Account is true and correct in every detail;
- 3.3.4. the User will only use the Account of that User for the purpose of using the Services;
- 3.3.5. the User will not attempt, in any manner whatsoever:
- 3.3.5.1. to use the Services by any means other than through its own Account; or
- to gain any access or interfere with or to impair the proper operation of the Website.
- 3.3.6. the User acknowledges and agrees that the User will provide upon request all documentation and information that Paidchain may reasonably require in order to process the User’s request to render the Services;
- 3.3.7. the User will use the Website and the Services in compliance will all applicable laws; and
- 3.3.8. the User will not use the Website, the Services or the Account in a fraudulent or illegal manner.
4. WEBSITE ACCESS
- 4.1. The User agrees to use the Website in accordance with these Terms of Use, and any other communicated policies or procedures which are posted on the Website from time to time. The User agrees to comply with all directions relating to the access and use of the Website.
- 4.2. Paidchain may, in its absolute discretion, retain and assess any data or information concerning the use of the Website by the User, subject to Paidchain’s Privacy Policy.
- 4.3. Paidchain reserves the right, immediately, and without notice to the User, to suspend or to terminate the right of the User to access the Website for any reason whatsoever, including if:
- 4.3.1. the User fails to comply with any provision of these Terms of Use;
- 4.3.2. the User misuses the Website or fails to comply with the obligations of the User as to the use and access of the Website; or
- 4.3.3. the User fails to comply with any other agreements, including but not limited to any merchant agreement, policies or procedures as communicated by Paidchain from time to time.
- 4.4. The User acknowledges that access to the Service may be suspended or terminated at any time at the discretion of Paidchain
5. WEBSITE AVAILABILITY
- 5.1. The User acknowledges and confirms that:
- 5.1.1. the Website or any part of the Website may be temporarily or permanently unavailable;
- 5.1.2. Paidchain makes no representation or guarantee that access to the Website will be secure, uninterrupted or error free;
- 5.1.3. Paidchain makes no representation or assurances that the Website will satisfy the requirements of the User;
- 5.1.4. Paidchain makes no representation or assurances that the Website will comply with any particular laws, regulations, codes or industry standards;
- 5.1.5. Paidchain will not be liable to any User in the event of suspension of operation of or interruption to the Website or any part of the Website for any reason;
- 5.1.6. Paidchain may change the Website or any part of the Website at any time and without notice to the User; and
- 5.1.7. Paidchain may, in its absolute discretion and without notice to the User, deny the User access to the Website or any part of the Website at any time and for any period of time.
6. INTELLECTUAL PROPERTY RIGHTS
- 6.1. All Intellectual Property Rights including but not limited to patents, copyright, database rights and trademarks contained in all the contents/materials provided on the Website and the Services made available to you belong to Paidchain or Paidchain’s licensors.
- 6.2. By making the contents/materials available to you on the Website/Services, we have not granted you any licence to use hence you acknowledge and agree not to copy, distribute, sell, publish or commercially exploit any of the contents/materials provided without our prior written permission.
7. WARRANTY, LIABILITY AND INDEMNITY
- 7.1. The User acknowledges that:
- 7.1.1. in accessing the Website, the User has relied on its/his/her own skill and judgment in the use of the Website and in determining its sufficiency for the use and results which User intends to obtain from the Website; and
- 7.1.2. no promise, representation or warranty has been made by Paidchain in respect of the profitability, benefits or any other consequence in the use of the Website, or in respect of the suitability of the Website to the operations, business or needs of the User.
- 7.2. The User further acknowledges that Paidchain does not give warranty to:
- 7.2.1. The accuracy of the contents published on the Website because such contents are generated and analysed from a variety of sources amidst the volatility of information. As such, the materials provided on the Website is on an ‘as is’ basis and Paidchain hereby expressly disclaims any and all warranties of any kind or nature, whether express, implied, or statutory although Paidchain exercises reasonable care in providing accurate contents prior to publication; and
- 7.2.2. The smooth, error free and virus free functioning of the Website hence the User ought to download the contents made available on the Website at your sole discretion and at your own risk, and Paidchain does not warrant or represent that the Website will be free from bugs or that the use of Website will be uninterrupted nor any other representations regarding the use, or the results of use, of the Website in terms of accuracy, reliability, or otherwise.
- 7.3. Save in where Paidchain’s negligence had directly caused death or personal injury, Paidchain shall not be liable for any loss of use or goodwill, interruption of business, loss or inaccuracy of business information or data, lost profits, cost of procurement of substitute services, or any indirect, special, incidental, exemplary, or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if it has been advised of the possibility of such damages.
- 7.4. The User shall be held solely responsible for any of its actions through the use of the Website/Services hence the User shall indemnify and hold harmless Paidchain, its personnel and agents without restriction from any claim, loss, damages, payments, costs and/or expenses (including legal fees and expenses) by any party including without limitation, by state authorities, arising out or in connection with the User’s use of the Website/Services and the Merchant’s breach in the Terms of Use, agreement and/or statutory provisions save in where Paidchain is held solely liable for the breach.
- 7.5. The rights and obligations of each of the parties under this paragraph (WARRANTY, LIABILITY AND INDEMNITY) will survive expiration or termination of these Terms of Use.
8. OTHER WEBSITES
- 8.1. The Website may contain links to other Websites that are owned or operated by third parties. These links are provided for convenience only and may not remain current or available. Paidchain should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party Websites unless expressly stated. If the User links to these Websites, it/he/she does so at its/his/her own risk and should make its/his/her own enquiries as to the privacy policies of these third parties. Paidchain is not responsible for information on, or the privacy practices of, such Websites.
- 8.2. A User must not create, cause or permit any linkages to this Website without written permission from Paidchain first being obtained.
9. COMPLAINTS
- 9.1. If the User has a problem or difficulty with using the Website/ Services or any of Paidchains policies or procedures from time to time, the User may send the complaint to Paidchain at helpdesk@paidchain.my and Paidchain may, but shall not be obliged to, within reasonable time deal with such complaints.
10. IMPLIED TERMS
- 10.1. Subject to paragraph 10.2. below, any condition or warranty which would otherwise be implied in these Terms of Use is hereby excluded.
- 10.2. Where legislation implies in these Terms of Use any guarantee, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Terms of Use.
11. SECURITY
- 11.1. Given the nature of the Internet, Paidchain cannot guarantee that any data transmission is totally secure. Whilst Paidchain takes precautions to protect information, Paidchain does not warrant and cannot ensure the security of any information the User transmits to Paidchain or this Website. The User therefore transmits to this Website at your own risk. However, once Paidchain receives data, Paidchain will take reasonable steps to preserve its security. If the User becomes aware of any problems with the security of the data or the Website, please contact Paidchain immediately by email at helpdesk@paidchain.my.
- 11.2. Given the nature of the internet, Paidchain cannot guarantee that this Website is free from viruses, “malware”, fault or other conditions which could damage, use or interfere with the Userʼs computer systems. The User must take its own precautions to ensure that it is not infected with any such code and assumes the risk of any damage or loss as a result of using this Website.
12. PRIVACY
- 12.1. If Paidchain collects personal information, it does so in accordance with its Privacy Policy followed below and made available on this Website https://paidchain.my/privacy-policy.html. By accessing and using this Website or registering as a Merchant and creating an account or using Paidchain’s services, you acknowledge that you have read, understood and agreed to the Privacy Policy set out below and made available on this Website.
- 12.2. The Website requires the use of cookies to gather and maintain data in relation to this Website, in accordance with Paidchain’s Privacy Policy, and you consent to Paidchain doing so.
13. GOVERNING LAW AND JURISDICTION
- 13.1. These Terms of Use are governed by and construed in accordance with the laws of Malaysia, and the User irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that location. If the User accesses this Website in a jurisdiction other than such location, the User is responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Paidchain makes no representations that the content of this Website complies with the laws of any country other than in Malaysia.
14. MISCELLANEOUS
- 14.1. Paidchain may, from time to time, add or remove information or services from this Website without notice.
- 14.2. Paidchain reserves the right to amend these Terms of Use at any time without notice. The continued use of this Website will represent an agreement by the User to be bound by these Terms of Use as amended. Where the Userʼs access to this Website is terminated for any reason, all obligations of confidentiality, with respect to intellectual property rights, indemnities, warranties, and limitations of liability set out in these Terms of Use will survive.
- 14.3. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
- 14.4. A provision of or a right created under these Terms of Use may be waived or varied by Paidchain at its discretion. Failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power or remedy provided by law or under this Terms of Use by Paidchain does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided by law or under this Terms of Use. No waiver of a breach of a term of this Terms of Use operates as a waiver of another breach of that term or of a breach of any other term of this Terms of Use.