Terms of Use

1. Acceptance of the Terms of Use

By accessing or using the LatitudePay website or the mobile application, maintained by LatitudePay Malaysia Sdn. Bhd. ( “LatitudePay”, “we”, “us’“ or “our”) at my.latitudepay.com and all associated pages and services (collectively referred to as our “Website”) and/or through the mobile application that you have downloaded, including all software provided therein (the “Mobile Application”), the Mobile Application and Website collectively referred to as the Services (the “LatitudePay Services”, or “Services), you (the “User:”; or “you”) confirm that you have read, understand, and agree to be bound by these terms of use (“Terms of Use”). You sign up for the Services by accepting these Terms of Use. By accepting these Terms of Use you also agree to:

• Electronic Communication Agreement
• LatitudePay Privacy Policy
• Pay Later Service Terms

IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE OUR SERVICES.

2. Changes to these Terms of Use

By accessing our Services, you acknowledge that we have the right to revise and amend these Terms of Use without prior notice. We notify you of any changes to these Terms of Use through email or the Services. Please refer back to the Terms of Use regularly. Your continued use of the Services following our posting of any such changes will mean that you accept such changes.

3. Mobile Application

If the User has elected to download our Mobile Application, we hereby grant you a limited, non-transferable, revocable license to use the software within the Mobile Application on any mobile device that you own or control that such Mobile Application is authorised to be operated on (as determined by us in our sole discretion) and is permitted by this Section 3. The Mobile Application is licensed, not sold, to you for use only under these Terms of Use. LatitudePay reserves all rights, title, and interest not expressly granted to you. Nothing herein allows you to use the Mobile Application on a device that you do not own or are not authorised to control.

Furthermore, with respect to any Mobile Application accessed through or downloaded from an App Store such as Google Play® store or the Apple® App Store® (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (1) on a product that runs the operating system for which it was intended and (2) as permitted by the “Usage Rules” set forth in the corresponding App Store.

4. Age Restrictions

The services are intended solely for natural persons who are eighteen (18) years of age and older, and any registration by, use of, or access to the Services by any person under 18 is unauthorised and in violation of these Terms of Use. We may terminate your use of the Services without notice if we believe you are less than 18 years old. By using these Services, you represent and warrant that, you are a natural person, you are 18 or older, and that you agree to and abide by all the terms and conditions of these Terms of Use.

5. Services Use Restrictions

Without our prior written consent, you may not:

• Use any automated means to access the Services or collect any information from the Services (including, without limitation, bots, spiders, scripts, or other automatic devices or programs);
• Engage in the practices of “scraping”, or any other activity with the purpose of obtaining content or other information;
• Use the Services in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services; or
• Access, use, or monitor our Services for benchmarking or any direct competitive purposes.
• Sub-license your rights to access and use the Services.

We may terminate or disable your access to these Services for any reason, with or without cause, including if we believe that you have violated or acted inconsistently with these Terms of Use.

6. User Representations

Parts of the Services may be accessed only by registering for an account and creating a password. Keep your password secure. You are responsible for the activities on your account. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Services will violate or infringe upon the rights of any third party, including, without limitation, any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libellous, defamatory, or otherwise unlawful material. You will notify us promptly if you discover any unauthorised use of your account. We are not responsible for any losses resulting from unauthorised use of your account.

In addition, you agree not to use the Services to:

• Except where authorised by us, register for more than one User account, or register or operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name;
• Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity;
• Upload, post, transmit, share, store, or otherwise make publicly available through the Services any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers, unless expressly authorised to do so by that third party;
• Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Services; or Use or attempt to use another account without authorisation from that person, or create a false identity through the Services.

7. Information Posted through the Services

You are solely responsible for the information that you post on or through the Services and your conduct regarding the Services. By posting information to or through the Services, you agree to (a) provide accurate, current and complete information; (b) maintain the security of your password and identification, to the extent you are provided a password and identification; (c) promptly notify us of any changes to information or circumstances that could affect your eligibility to continue using the Services; and (d) be fully responsible for all use of your account and for any actions which take place using your account.

8. Consent to Communications

By providing us your telephone number, you consent to receive calls and/or texts at that number, including those sent through the use of automated technology and/or prerecorded messages. LatitudePay and third parties representing LatitudePay may use this number to call and/or text you with transactional messages and to provide relevant offers or other marketing. LatitudePay’s merchant partners may use this number to call and/or text you with transactional messages. Your carrier’s standard telephone minute and text charges may apply. LatitudePay will not share the phone number you provide with third parties who are not affiliated with us, unless they are our merchant partners or service providers acting on our behalf, without your consent. LatitudePay, its merchant partners or third parties who represent LatitudePay may also contact you at the email address you provide. You further agree to electronic communications, as outlined in the Electronic Communication Agreement.

9. Intellectual Property

We are the owner or the licensee of the copyright and all other Intellectual Property Rights subsisting in our Website and the Mobile Application. Nothing herein or otherwise shall be construed as an assignment or transfer of our rights in the Intellectual Property Rights subsisting in our Services and its content. All our rights are fully and expressly reserved.

For the avoidance of doubt, “Intellectual Property Rights” mean any copyright, rights in software, rights in databases, patents and rights in inventions, trademarks, rights in domain names, designs, know-how, trade secrets and other rights in confidential information, in each case whether registered or unregistered including applications for registration and the right to apply for registration for any of the rights listed above that are capable of being registered anywhere in the world, and all other rights having equivalent or similar effect anywhere in the world.

You must not use any part of the materials on our Website or the Mobile Application for commercial purposes without obtaining a license to do so from us or our licensors.

The content available on our Website may not be reproduced, distributed, transmitted, published, displayed, broadcasted, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means without our prior written consent. You may not, without our prior written consent, insert a hyperlink to our Website (or any part thereof) on any other website or “mirror” or frame any content available on our Website on any other server or website.

No license or right is granted to you, and your access or use of our Services, should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, trade names or logos appearing on our Website or Mobile Application.

10. Prohibited Activities

In connection with your use of the LatitudePay Services, you agree not to do any of the following:

• Breach these Terms of Use, the LatitudePay Privacy Policy, or any other agreement you have entered into with LatitudePay;
• Infringe our Intellectual Property Rights;
• Fail to provide us with any information about you that we may reasonably and legally request; or
• Reveal any PIN or mobile link we send you to anyone else. We are not responsible for losses incurred by you, or by any person other than you, arising as a result of your misuse of your PIN or mobile link.

11. Third-Party Links

This Website may contain links to other websites and resources operated by third parties or our affiliates. These links are provided for your information only. We have no control over the content of and the information contained in those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Use of such websites is subject to the Terms of Use and Privacy Policies as applicable to and displayed on such websites.

12. No Warranties

We reserve the right to change any and all content within the Services and any service offered through the Services at any time without notice.

THE LATITUDEPAY SERVICES ARE PROVIDED “AS IS” AND LATITUDEPAY AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO YOUR USE OF THE LATITUDEPAY SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LATITUDEPAY DISCLAIMS ALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Under no circumstances, to the extent permitted by law, will we be responsible for any loss or damage, including any loss or damage to any user data, financial damages, lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Services.

In providing the LatitudePay Service, LatitudePay acts only as a factor to purchase (by an absolute assignment) the charges, fees and other indebtedness owed by you to a merchant in connection with (inter alia) goods, supplies and/or services obtained by you from the merchant or other transaction between the merchant and you.

LatitudePay has no responsibility or liability whatsoever for any such goods, supplies, services and/or transaction, and you must address any complaint or claim only to the relevant merchant.

We also do not guarantee the continuous, uninterrupted, error-free or secure use of any part of the LatitudePay Services. Use of the LatitudePay Services may be interrupted due to events outside LatitudePay’s reasonable control, such as delays in the banking system or credit card networks. We will use commercially reasonable efforts to process payments in a timely manner, but we make no representations or warranties regarding the time it takes to complete any transaction. We may discontinue the Services or any goods or services available through the Services at any time and for any reason.

We do not approve or control any third party website or application and we are not responsible or in any way liable for their content. If you use such websites or applications from third parties, the terms and conditions for those websites or applications will apply to you.

13. Limitation of Liability

IN NO EVENT SHALL LATITUDEPAY AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS OF LATITUDEPAY OR ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THE LATITUDEPAY SERVICES, LATITUDEPAY WEBSITES OR THESE TERMS OF USE, WHETHER IN CONTRACT, TORT (WHETHER IN NEGLIGENCE OR STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY. THE LIABILITY OF THE ABOVE-MENTIONED PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LATITUDEPAY AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS OF LATITUDEPAY OR ITS AFFILIATES, ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE FOR, ANY DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR INABILITY TO USE ANY LATITUDEPAY SERVICE OR ANY LATITUDEPAY SITE; (2) DELAYS OR DISRUPTIONS IN ANY LATITUDEPAY SERVICE OR ANY LATITUDEPAY SITE; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING ANY LATITUDEPAY SERVICE OR ANY LATITUDEPAY SITE; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN ANY LATITUDEPAY SERVICE OR ANY LATITUDEPAY SITE; (5) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ANY THIRD PARTY WEBSITE OR APPLICATION LINKED TO ANY LATITUDEPAY SERVICE OR ANY LATITUDEPAY SITE; (6) CLAIMS OF BREACH OF WARRANTY OR GUARANTEE; (7) GOODS AND SERVICES YOU PURCHASED FROM MERCHANTS, OR THE RETURN OF SUCH GOODS AND SERVICES; OR (8) CHANGES TO THESE TERMS OF USE.

These limitations and exclusions apply even if your remedies do not fully compensate you for any losses or if LatitudePay or its affiliates, knew or should have known about the possibility of damages.

14. Assignment

You may not transfer or assign any rights or obligations you have under these Terms of Use without LatitudePay’s prior written consent. LatitudePay reserves the right to transfer or assign these Terms of Use or any right or obligation under these Terms of Use at any time.

15. Applicable law and Jurisdiction

These Terms of Use and any documents referred to in them and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Malaysia.

The courts of Malaysia will have exclusive jurisdiction over any dispute or claim arising out of or in connection with the use of our Services or these Terms of Use, although we expressly reserve the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

16. Indemnity

To the maximum extent permitted by law, you agree to indemnify and hold us, our direct and indirect parent entities and subsidiaries, each of our and their respective affiliates, and each of the foregoing’s respective directors, officers, employees, agents, partners and suppliers, harmless from and against any loss, liability, claim, demand, damages, costs (including attorneys’ fees), and expenses, arising out of or in connection with your use of the Services or any violation of these Terms of Use. PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.

17. Survival

The following Sections survive the termination of these Terms of Use, including any other provisions that survive in accordance with their terms: 8 through 16