Terms & Conditions Incredibit

TERMS AND CONDITIONS

This Service (hereinafter defined) is made available by Incredibit Sdn Bhd, Registration Number: 202101005663 (1405962-A) ("INCREDIBIT") subject to the Terms and Conditions herein ("Terms and Conditions"). You acknowledge that you have read and fully understood these Terms and Conditions prior to your access to and use of the Service. Your Activation and use of the Service constitutes your unconditional acceptance of these Terms and Conditions as may be amended by INCREDIBIT from time to time. Any person that you allow to access the Service using your Account shall also be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please do not continue with the registration process or Activation.

1. DEFINITIONS

For the purpose of these Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein:

1.1 Account

Means your electronic wallet account which is:

Link to the telephone number of your Mobile Device;
Managed and supervised by IncredibitPay; and
Which records, amongst other things, the amount of Electronic Money which is available to you for use;

1.2 Account Limit

Means the maximum limit for the Account which shall be the sum of Ringgit Malaysia Two Hundred (RM200.00) only, Ringgit Malaysia Five Thousand (RM5,000.00) only, or Ringgit Malaysia Twenty Thousand (RM20,000.00) only, as the case may be. INCREDIBIT reserves the right to revise the Account Limit;

1.3 Account Verification (eKYC)

Means the electronic process to validate the identity of a user by verifying the personal details of the user;

1.4 Activation or Activated

Means the point in time when your Account is activated for use;

1.5 AMLATFPUAA

Means Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and includes the subsidiary legislation, guidelines, policies, and other similar documents issued by the relevant federal or local authority and provisions of the statute include such statutes and provisions as modified, recertified or re-enacted;

1.6 App / Mobile Application / Mobile App / IncredibitPay

Means software application named as "IncredibitPay" or such other name as may be determined by INCREDIBIT from time to time which is downloaded unto the Mobile Device;

1.7 Authentication or Authenticated

Means a confirmation sent by you to IncredibitPay authorizing a particular transaction undertaken or transacted by you. Such authenticated shall be in a manner stipulated or determined by IncredibitPay from time to time including but not limited to keying in your personal identification number;

1.8 Available Balance

Means the funds in the form of Electronic Money which can be used at any given time subject to the Wallet Limit;

1.9 Bank

Means the authorised Bank appointed by INCREDIBIT to act as a remittance agent for the Service;

1.10 Credential on File

Means a feature on the App which allows you to register and store your Account credentials and to authorise us to deduct specific amounts from your Account for transactions made with Merchants which you have authorised under this feature without having to seek your additional authorisation;

1.11 Daily Transaction Limit

Means the limit imposed on relevant Transaction in any one (1) calendar day;

1.12 Electronic Money

Means money in digital form provided by IncredibitPay in exchange for monies paid to IncredibitPay and which may have utilized by you via the App to make Payment, to Cash Out, to do an Electronic Money Transfer and/or to undertake such other transactions which may be stipulated by IncredibitPay from time to time;

1.13 Electronic Money Transfer

Means the service which enables you to transfer Electronic Money from your Account to another user’s Account or to receive Electronic Money into your Account from another user’s Account;

1.14 Face Verification

Means a facial recognition and authentication technology which can be used to replace other authentication methods;

1.15 FAQ

Means frequently asked questions as made available on www.myIncredibitPay.com.my;

1.16 Force Majeure

Means any cause which is not within the control of IncredibitPay including but not limited to act of God, flood, natural disaster, landslides, mudslides, soil erosions, storm, fire, earthquakes, war, riot, civil commotion, natural catastrophe, industrial disputes of any kind, act of government, government restraint, expropriation, change of law, strike, lockouts, blockade, outbreaks and pandemics and the interruption or failure of utility service including but not limited to electric, power, gas, water or telecommunication services;

1.17 INCREDIBIT or we or us or our

Means INCREDIBIT Sdn Bhd (Company No. 1405962-A);

1.18 Intellectual Property Rights

Means rights in, and in relation to, any patents, registered designs, design rights, trademarks, trade and business names (including all goodwill associated with any trademark or trade business names), copyright and related rights, moral rights, databases, domain names, semi-conductor and other topography rights and utility models, and including the benefit of all registrations of, applications to register and the right to apply for registration of any of the foregoing items and all rights in the nature of any of the foregoing items, each for their full term (including any extensions or renewals thereof);

1.19 Investment Products

Means any financial instrument and/or investment which may pay interest, dividends or the user may earn profit from such financial instrument either from INCREDIBIT or any investment partners and/or merchants;

1.20 Manual Reload

Means the feature in the Mobile App which allows you to manually reload your Account including but not limited to the following manner whenever your Available Balance falls below the Account Limit: -

via debit or credit card;
via online banking; or
via any other method which may be determined by
INCREDIBIT from time to time;

1.21 Merchant Dashboard

Means the dual feature in IncredibitPay which allows static QR merchants to track sales transactions and history records and to further allow selected staff to access such information;

1.22 Mobile Device

Means a portable and wireless telecommunications device together with accessories including but not limited to smartphones and handheld tablets used by you to access and/or use the Service;

1.23 Mobile Payment

Means the electronic money (e-money) services via Mobile App offered by INCREDIBIT to you;

1.24 Mobile Payment System

Means the Mobile Payment system used by INCREDIBIT to provide the Service including the payment system platform commissioned by INCREDIBIT to facilitate the payment of goods and services;

1.25 Money Transfer

Means the feature of the Mobile App which allows for the transfer of money from one IncredibitPay account to another IncredibitPay account;

1.26 Monthly Transaction Limit

Means the limit imposed on relevant Transaction in any one (1) month;

1.27 Payment

Means the payment to IncredibitPay and/or Participating Merchants for the purchase of goods and services using Electronic Money by means of the App;

1.28 Participating Merchant

Means merchants designated by IncredibitPay to sell goods and/or services in exchange for Electronic Money by means of the App;

1.29 Partners

Means the business partners of IncredibitPay who offer and sell its goods and services (including but not limited to prepaid mobile credit reload from Maxis, Digi, U Mobile, Tune Talk, XOX, Altel) on the App and/or IncredibitPay website;

1.30 Personal Information/Data

Means your information/data collected by INCREDIBIT for the provision of the Service, either directly or indirectly, including but not limited to your name, address details, telephone number and others;

1.31 Quick Payment

Means the quick payment function in the Mobile App which allows you to use a saved debit or credit card to be automatically charged to reload your Account wherever you make any applicable transactions and there is insufficient Available Balance in your Account;

1.32 Reload

Means the deposit of money into the Account (subject to the Account Limit) via the Reload / Payment Channels to enable you to use the Service;

1.33 Reload / Payment Channels

Means such channels (including but not limited to the relevant service counters and any other method as may be prescribed by INCREDIBIT from time to time) as may be designated by INCREDIBIT where you can make Reload and/or Payment transactions;

1.34 Retail

Means payment for the purchase of goods and/or services via online websites (e-commerce), mobile applications, static QR code, payment at point-of-sale (POS) terminals, and any other method of payment for goods and/or services provided by merchants locally or overseas;

1.35 Service(s)

Means the provision of the Account and the enabling of the Transactions;

1.36 Terms and Conditions or Agreement

Means these terms and conditions for the Service as may be varied or modified from time to time at IncredibitPay’s sole discretion;

1.37 Transaction

Means the Mobile Payment transaction performed by you via the Service including but not limited to Retail, Money Transfer, Investment Products, Financial Products and/or or any other service as may be introduced by INCREDIBIT from time to time;

1.38 Transaction Limit

Means the maximum amount of funds that can be stored in your Account at any point in time depending on the type of your Account as approved by Bank Negara Malaysia (Basic Wallet: RM 200.00 and Premium Wallet: RM 1500.00). We reserve the right to revise the Wallet Limit in accordance with any instructions/ regulations/ rules prescribed by Bank Negara Malaysia;

1.39 You or Your

Means the person who uses and/or accesses the Services;

1.40 Password and PIN

Means the password used to log into the App and the PIN is used to authorize every payment from the wallet.

1.41 Working Day

Means a day other than (a) a Saturday and a Sunday; and (b) any other day declared by the government and the state government as a public holiday.

2. USE OF SERVICE

The Account

2.1
The Service is made available to you by INCREDIBIT at its sole and absolute discretion to enable you to perform the Transactions.
2.2
To use the Service, you need to download the Mobile Payment App on your Mobile Device and create an Account with INCREDIBIT. Once the Account is created, you will have an Account Limit of Ringgit Malaysia Two Hundred (RM200.00) only.
2.3
You may increase your Account Limit to Ringgit Malaysia Five Thousand (RM5,000.00) only by successfully completing the Account Verification (eKYC) process. You may opt-in to further increase your Account Limit to Ringgit Malaysia Twenty Thousand (RM20,000.00) only after successfully completing the Account Verification (eKYC) process and by using any of our financial services products.
2.4
You acknowledge that by completing the Account Verification (eKYC) process, INCREDIBIT may use the relevant Personal Information/Data for identity verification and/or authentication purposes.
2.5
In the event of any issues with the Account Verification (eKYC) function, kindly email us at contacts@incredibit.my.

2.6

An overview of the IncredibitPay account sizes and its limitations is as follows:

IncredibitPay	Basic	PRO
Account Limit	RM 500.00	RM 5,000.00
Monthly Transaction Limit	RM 3,000.00	RM 15,000.00

2.7
Linking of Credit and/or Debit Card – You hereby understand and acknowledge that upon linking your credit and/or debit card to the Account, you shall be solely responsible and liable for all Reload(s) that may occur.
2.8
You hereby undertake that any and all Reload shall be from:
- your own personal source of funds or you have all legal authority and permission to use those funds, and
- such funds are not illegal.
2.9
The utilization of PIN to Reload your Account shall be limited to Ringgit Malaysia One Thousand Five Hundred (RM1,500.00) only each calendar month.
2.10
In the event any selected merchant(s) may provide a refund option in relation to the payment for any purchase of goods and/or services in accordance with its after-sale service policy, such refund shall be subject to the following:
- 2.10.1
  The refund process shall be subject to the merchant’s refund policy and any terms and conditions imposed on such refunds;
- 2.10.2
  Your Account must be active; and
- 2.10.3
  In the event your Account balance would exceeds the Account Limit of RM5,000.00 after the completion of the refund process, the refund process will automatically fail. You would then be required to obtain a different refund method or process from the merchant.
2.11
In the event you have enabled the Quick Payment function, you hereby confirm, consent, and irrevocably authorize INCREDIBIT to charge your saved debit or credit card for the entire purchase price to reload your Account in the event your Available Balance is insufficient to complete the Transaction. You may disable the Quick Payment function at the respective section in your profile page. You further agree and undertake to comply with the terms and conditions imposed by the issuer of the saved debit or credit card. Kindly note that there would be no refund of any amount to your saved debit or credit card. The Quick Payment function shall only be applicable to selected Transaction types.
2.12
In the event any foreign exchange rate is applied to any Reload or Transaction using or on the IncredibitPay (e.g. reloading using a foreign credit card) and such exchange rate is not provided by INCREDIBIT or outside the control of INCREDIBIT, INCREDIBIT shall not be responsible for honouring such rates and/or any losses, shortfall, or charges incurred thereby except where otherwise stated by INCREDIBIT.
2.13
If the Retail transaction involves a foreign currency and the IncredibitPay displays a fixed currency exchange rate, INCREDIBIT will honour such rate and by proceeding with such Retail transaction you are deemed to agree to such exchange rate.
2.14
By activating the Face Verification feature, you hereby consent and agree that any instructions or usage of the IncredibitPay authenticated by the Face Verification feature shall be valid and binding and INCREDIBIT shall not be obligated to request other forms of authentication. INCREDIBIT shall keep a copy of your biometric details as may be required for the usage of the Face Verification feature. You further acknowledge that you shall not register any other individuals’ biometric details for the purposes of Face Verification and in the event you shall register any other individual’s biometric, INCREDIBIT shall consider all such transactions authenticated with Face Verification as valid and binding.
2.15
You acknowledge that for security purposes, INCREDIBIT may require you to provide additional verification and/or authentication in any manner that INCREDIBIT may determine.
2.16
In the event you have registered as a static QR merchant directly with INCREDIBIT, you may be granted access to the Merchant Dashboard in the IncredibitPay which allows you to keep track of the sales at each outlet. The usage of the Merchant Dashboard shall be for your reference purposes only. Any dispute with regards to the sales shall be referred back to the applicable merchant agreement. You shall be solely responsible to ensure that only the relevant personnel is granted access to the staff account and INCREDIBIT shall not be responsible for any misuse of the Merchant Dashboard in any way whatsoever. The usage of the Merchant Dashboard shall be further subject to any guidelines or directives as may be issued by INCREDIBIT from time to time.
2.17
Your Account allows you the usage of numerous functions on the Mobile App. Please note that the usage of your Account and the Services may be further subject to the relevant terms and conditions of each function.
2.18
You shall provide accurate and complete information to INCREDIBIT and inform INCREDIBIT immediately of any changes in any particulars of your Personal Information/Data. You may update and/or change your contact number or e-mail address through the profile update service in the Mobile Payment App. If you wish to update and/or change any particulars of your Personal Information/Data other than those mentioned herein, please email to us at contacts@incredibit.my. You hereby acknowledge that your name, e-mail address and mobile number and such other personal information may be made available by INCREDIBIT to another third party or Bank for verification or other lawful purposes.
2.19
You shall only be entitled to have one (1) Account. You are required to register your Account on your own device. For avoidance of doubt, each mobile number and email address can only be used for one (1) Account.
2.20
You shall not fraudulently register the Account. If INCREDIBIT discovers that you are impersonating another person, whether an individual or another legal entity, INCREDIBIT may immediately terminate the Account and report such fraudulent activity to the relevant authorities.
2.21
You shall, at all times be solely responsible to keep confidential and safeguard your Account details. You shall not disclose your login credentials and/or security credentials to any person. If you key in the wrong credentials as required, it may result in your Mobile Application access being suspended. To reactivate your Mobile Application access, you can reactivate via the "Forgot Your Pin" button. You shall be solely responsible and liable for any use and misuse of your Account and all activities that occur under your Account.
2.22
The Account is not transferable nor assignable to any third party and shall be exclusively used by you. The Account cannot be pledged or used in any manner by you as any form of security instrument for any purpose whatsoever.
2.23
You may Reload your Account whenever your Available Balance falls below the Account Limit and you may at any time use the Service subject to your Available Balance and up to the Transaction Limit. The imposition of the Account Limit and Transaction Limit is to avoid any fraudulent, illegal or unlawful transactions including but not limited to breaches of regulation and guidelines under the Financial Services Act 2013 and AMLATFPUAA.
2.24
By registering for the Account, you authorise INCREDIBIT to rely and act upon all communications and instructions given by you. The Transactions carried out are not always simultaneous with any instructions given at any time. Although the Account and/or Service is accessible outside any Working Days, certain instructions may only be processed on a Working Day.
2.25
The record of all Transactions authenticated through the prescribed method shall be binding and conclusive evidence of your Transactions. Any information, instructions and/or confirmation sent from the Mobile Device via the 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, INCREDIBIT shall deem that the Services has been accessed legitimately and the Transactions conducted shall be valid. INCREDIBIT shall not entertain any request to reverse any wrongful Transactions authenticated through the prescribed method.
2.26
You may view your Transaction history up to the previous ninety (90) days by logging into the Mobile Payment App. You should regularly log in to the Mobile Payment App to review your Transaction history and to make sure that there have not been any unauthorised Transactions. You shall check and verify all Transactions including, without limitation, the amount and recipient information. Upon receipt of your written request, INCREDIBIT may at its absolute discretion provide you with the physical statement of accounts, records and details of your Transactions provided always that such details requested for relate to Transactions which are not more than three (3) months old.
2.27
Notwithstanding anything contained in these Terms and Conditions, INCREDIBIT may reject any of your instructions relating to the use of the Service or any Transaction, if: -
- the Service is in breach of any of the terms and conditions herein mentioned; or
- INCREDIBIT suspects the instructions may be fraudulently issued or determines that the use of the Service poses a risk to the Mobile Payment System.
2.28
If your Mobile Device does not support the relevant technology, you may not be able to use the Service (or any part thereof) or access the INCREDIBIT’s website or any part thereof.
2.29
You shall not be entitled to receive any interest or other profits in anyway whatsoever in relation to the Service.
2.30
INCREDIBIT does not make any warranties and/or representations whatsoever in respect of the goods or services being the subject matter of a Transaction including, but not limited to, the quality, merchantability, safety, and/or legality thereof. For the avoidance of doubt, INCREDIBIT does not make any warranties or representation as to profitability of any financial product.
2.31
Dormant Account
- 2.31.1
  If there is no transaction on your Account and/or you have not login to your Account for a consecutive period of 365 days, your Account will be suspended and be considered as a dormant account. If there is no any transaction for a consecutive period of 180 days after your Account is suspended, your Account will be blocked.
- 2.31.2
  In the event you intend to reactivate your Account, you may do so as follows:
  - For suspended account due to inactivity: You will be required to reload any amount to your Account using the available reload channels; and
  - For blocked account due to inactivity: You will be required to update your mobile phone number at the IncredibitPay login page.
- 2.31.3
  Subject to Clause 2.31.1, an annual dormant fee of Ringgit Malaysia Two and Sen Fifty (RM2.50) only will be imposed for every consecutive period of 365 days which will be deducted from your Available Balance for so long as your Account remains inactive. The annual dormant fee will not be refunded once it has been imposed and deducted from your Account.
- 2.31.4
  Any remaining balance in your Account after seven (7) years of being dormant shall be transferred to the Registrar of Unclaimed Money.

3. YOUR RESPONSIBILITY

3.1
You shall: -
- Ensure that you shall use your Account and IncredibitPay for its intended use only primarily for payment, investment, and to obtain goods and services. For the avoidance of doubt, the IncredibitPay is provided to you by INCREDIBIT at its sole and absolute discretion to enable you to perform the Transactions and shall not be used outside its intended use;
- Ensure that you shall download or have downloaded the Mobile Application from either the Google Play Store, the Apple App Store, or Huawei AppGallery. You shall not download the Mobile Application from any other sources. You shall be fully responsible for any losses or damages you may suffer in anyway whatsoever should you breach the terms of this clause;
- Ensure that you do not use the Mobile Application on any illegally modified devices such as jailbroken devices, rooted devices or any device that has been altered in any way whatsoever. In the event you may utilize such a device, INCREDIBIT shall not be liable in anyway whatsoever for any and all losses or damages which you may suffer including but not limited to any financial and/or information loss;
- Ensure the compatibility of your Mobile Device with the Mobile Payment System. In the event that any changes or upgrades are introduced to the Mobile Payment System, you shall ensure the continued compatibility of your Mobile Device and be responsible for all equipment and Mobile Applications necessary to use the Service. You shall be fully responsible for integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service or broadcasted by you or any other persons using your Mobile Device;
- Use the Service in good faith and comply with the Terms and Conditions and all applicable laws of Malaysia relating to the Service, (including but not limited to Bank Negara Malaysia (BNM)’s Rules and Regulations/Guidelines, Communication and Multimedia Act 1998, the Financial Services Act 2013, Unclaimed Money’s Act 1965, AMLATFPUAA), and all subsidiary legislations, rules and regulations, notices, instructions or directives issued thereunder by the government, relevant authorities and regulatory agencies, and/or any notices, instructions, directives or guidelines given by INCREDIBIT in connection with the Service which may be amended from time to time; and
- Take all reasonable steps to prevent the fraudulent, improper or illegal use of the Account and/or Service and theft or loss of your Mobile Device and immediately notify the CSA upon the discovery of such fraud, improper or illegal use, theft, loss, or any other occurrence of unlawful acts. You shall, if instructed by INCREDIBIT, lodge a police report on the same and give INCREDIBIT a certified true copy of such report.
3.2
You shall not: -
- Use the Service for any purpose which is against public interest, public order or national harmony or for any unlawful purposes including but not limited to vice, gambling or other criminal purposes whatsoever or transmitting any content which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character or in any other manner which may result in complaints, claims, disputes, penalties or liabilities to INCREDIBIT; and
- Hack into, access, tamper, breach or circumvent any authentication or security of any host, network or account of INCREDIBIT or its provider’s computer systems or interfere with service to any user, host or network, including, without limitation, sending a virus.
3.3
You acknowledge that the Service is, and shall remain, at all times, the property of INCREDIBIT and you shall: -
- Exercise all due care and diligence in the use and maintenance of the Account and Service; and
- Not tamper or allow anyone to tamper with the Mobile Device, the Account and/or the Service (including, but not limited to, the software and the data recorded in the Mobile Payment) in any way. Tampering with the data on Mobile Payment may be a criminal offence and INCREDIBIT will not honour any Transaction and benefits, if your Account and/or Mobile Payment has been tampered with. INCREDIBIT shall have the right to recover all reasonable cost, expenses, losses and damages suffered or incurred by INCREDIBIT (including all reasonable legal expenses) as a result of you altering or interfering or allowing a third party to alter or interfere with the data on your Account and/or Mobile Payment.

4. PRIVACY

4.1
Clause 4 herein shall be read together with the INCREDIBIT Privacy Policy which can be found on INCREDIBIT’s website. In the event of any inconsistencies, any interpretation or construction of this Clause and the INCREDIBIT Privacy Policy shall be read together to make the best commercial sense.
4.2
You agree that by registering for the Account, you consent for your Personal Information/Data to be used and/or disclosed in accordance with the Personal Data Protection Act 2010.
4.3
The Personal Information/Data provided by you may be held in a database and INCREDIBIT may use, store, analyse and transfer and/or exchange such information with all such persons as may be considered necessary. INCREDIBIT may use, disclose to third parties and process your Personal Information/Data provided by you to INCREDIBIT for the following purpose: -
- Processing your application and providing you with the services / products of INCREDIBIT, as well as services and products by other external providers provided through INCREDIBIT;
- To enable communication;
- Managing your relationship and Account with INCREDIBIT;
- For administrative purposes and any other ancillary matters related to the provision of services related to INCREDIBIT; and
- Sending you marketing, advertising and promotional information about other products/services that INCREDIBIT and its affiliates, related corporations and third-party services providers/agents may be offering or which INCREDIBIT believes may be of interest or benefit to you. Additionally, our related, affiliated, and/or associated companies, our merchants, and strategic partners may contact you about products, services and offers, which we believe may be of interest or benefit to you. You have the right to opt out from receiving marketing messages. If you wish to opt out from receiving marketing messages, please visit your profile page in the Mobile Payment App and follow the instructions stated. If you do not opt out from receiving marketing messages, you will be deemed to have consented to receiving such messages by INCREDIBIT, our related affiliates, and/or associated companies affiliated, and/or associated companies, our merchants, and strategic partner.

4.4

INCREDIBIT may monitor and record all Transactions and communications that may take place between INCREDIBIT and you for INCREDIBIT's business purposes (including but not limited to quality control and training, prevention of unauthorised use of INCREDIBIT's telecommunication systems, ensuring effective systems operation and prevention and detection of crime).

4.5

You hereby agree, consent and allow INCREDIBIT to extract, disclose and release any information in the possession of INCREDIBIT relating to you (including your Personal Information/Data), the particulars of the Transaction(s) or any designated account relating to the Transaction(s) or any other data required for the purpose of investigating any claim or dispute arising out of or in connection with the Transaction(s) or to be used as evidence in court or in the event of any suspected misuse of the Service. You hereby agree that in the event of a dispute or claim of any nature arising in respect of any Transaction(s), the records of the Transaction(s) available from INCREDIBIT shall be used as sole reference and basis of settling such dispute or claim. Your agreement and consent under this Clause shall survive the termination of the Service.

4.6

In addition to the classes of users as stated herein, INCREDIBIT may additionally disclose your Personal Information to the following classes:

Affiliated companies with INCREDIBIT;
Persons/Organizations required under law or where disclosure is necessary for the purposes of compliance with applicable laws or in response to relevant authorities’ requests;
Government agencies, statutory authorities, enforcement agencies under law; and
INCREDIBIT’s contractors, service/product providers, consultants, auditors, accountants, solicitors, and advisors.

4.7

The Personal Information/Data requested by INCREDIBIT are mandatory which you must provide and agree to the processing of such Personal Information/Data. Should you decide not to provide any or all of the Personal Information/Data, INCREDIBIT will not be able to proceed with the provision of the Services.

4.8

Subject to the provision of the Personal Data Protection Act 2010, you shall have the right to access your Personal Information/Data by requesting for a copy of your Personal Information/Data and request to rectify or update your Personal Information/Data. You have the right to opt out from giving your consent for your Personal Information/Data to be used and/or disclosed by INCREDIBIT in the manner stated under this Clause 3 and under the Personal Data Protection Act 2010. If you wish to opt out, please visit your profile page in the Mobile Payment App and follow the instructions stated. Please note however that if you opt out from giving your consent, INCREDIBIT will not be able to continue to provide the Service to you and you will not be able to use the Service.

4.9

INCREDIBIT acknowledge that the document or information collected by INCREDIBIT from You relating to the affairs of your account as a customer of INCREDIBIT will be only used and/or disclosed in accordance to the secrecy provisions under the Financial Services Act 2013 (FSA).

5. TERMINATION & SUSPENSION

5.1
Notwithstanding anything in these Terms and Conditions, INCREDIBIT may immediately change the procedures or mode of operation of the Service without giving any reason or notice to you.
5.2
In addition to INCREDIBIT’s rights under Clause 5.1, INCREDIBIT shall be entitled to immediately suspend or terminate your use of the Service (or any part thereof, including any benefits under the Service) and your access to the Account, with or without any notice to you, upon the happening of any of the following events: -
- If in the opinion of INCREDIBIT, there is dishonesty, suspected fraud, abuse, not used in good faith, not use as intended, illegality, criminality or misrepresentation in the conduct of your Account or your use of the Services;
- If you have used your Account or the IncredibitPay outside its intended use as set out in Clause 4.1(a), including but not limited to, using your Account or IncredibitPay primarily for cashing out such as using the IncredibitPay as a medium to facilitate withdrawal of money from your credit card, directly or indirectly.
- If you are in breach or INCREDIBIT have reasonable grounds to believe that you have breached any of the provisions of these Terms and Conditions and/or any applicable terms and conditions of any new services as may be provided by INCREDIBIT from time to time, or have engaged in any conduct prejudicial to INCREDIBIT or if in the opinion of INCREDIBIT, your acts are prejudicial to INCREDIBIT’s interest;
- If you are in breach of any acts, statutes, laws, by-laws, rules and / or regulations imposed by any party, regulatory body or government agency;
- If you have submitted false documents or have declared false information during your application for the Service;
- If you have acted in bad faith or with malicious intent;
- If you have been blacklisted by any financial institutions, licensed banks or emoney issuers in Malaysia or abroad;
- If you are from a sanctioned or high-risk country;
- If you are included in our internal watch lists;
- If your name is listed under any regulatory watch list (including but not limited to listing related to terrorism and terrorism financing under the AMLAFTPUAA);
- If you are included in the Specially Designated Nationals (SDN), politically exposed persons (PEP), or relatives or close associates of PEPs (RCA) lists or other relevant money laundering and terrorism financing information sources, watch lists, or related databases maintained or provided by both domestic or foreign authorities from time to time, including but not limited to, Bank Negara Malaysia (BNM), United Nations Security Council Resolutions (UNSCR), Office of Foreign Assets Control (OFAC), and the Financial Action Task Force (FATF);
- If you or your Account has been detected for money laundering, terrorism financing, fraudulent, illegal and other suspicious activities; and/or
- If you fail to provide any additional information which INCREDIBIT may request from you from time to time.
5.3
You may, at any time, terminate the Service by giving notice of such termination via the Mobile Payment App only. If you have any Available Balance in the Account, you must ensure that you provide to INCREDIBIT the correct bank account details and any other information as may be required by INCREDIBIT to enable INCREDIBIT to process the termination of the Service and refund the Available Balance to your bank account within fourteen (14) working days. If you do not have any Available Balance in the Account, the Service shall be deemed to be terminated immediately upon receipt of the termination notice by INCREDIBIT via the Mobile Payment App.

6. CONSEQUENCES OF TERMINATION / SUSPENSION

6.1
Upon termination of the Service by INCREDIBIT pursuant to Clause 5.2, INCREDIBIT may notify you of such termination whereupon, you must ensure that you provide to INCREDIBIT the correct bank account details and any other information as may be required by INCREDIBIT to enable INCREDIBIT to refund the Available Balance to your bank account within fourteen (14) working days or within twelve (12) working days upon receipt of the correct bank account details and any other information as may be required by INCREDIBIT.
6.2
If terminates or suspends the Service or any part thereof pursuant to Clause 5, INCREDIBIT shall not be obliged to refund the Available Balance until and unless clearance has been obtained from the relevant authorities, if applicable.
6.3
INCREDIBIT shall not be liable for any losses or damages suffered by you due to any incorrect banking information provided by you.
6.4
The provisions of this Clause 6 are without prejudice to INCREDIBIT’s other rights and remedies under these Terms and Conditions or at law.

7. REACTIVATION

7.1
In the event the Account and/or Service has been suspended and you request for reactivation of the same, INCREDIBIT may at its absolute discretion reactivate the Account.

8. REFUND OR ADJUSTMENT DUE TO ERROR

8.1
If you discover any error or discrepancy in your Account, you must email us at contacts@incredibit.my within thirty (30) days from the date of the disputed transaction, failing which, you shall be deemed to have accepted the accuracy of your Transaction. If it becomes apparent during the course of the INCREDIBIT's investigation the disputable Transaction was in fact fraudulent, INCREDIBIT will refund the amount that is disputable directly to your account upon conclusion of the investigation, which is not more than the period of thirty (30) days after the date of your request. INCREDIBIT reserves the right to refuse to refund any amount that is disputed to you in the event that INCREDIBIT believes you have violated the terms and conditions of this agreement. to these Terms and Conditions. Additionally if refund is made you will be required to pay the penalty imposed by Bank Negara.
8.2
Notwithstanding the above, any refund by INCREDIBIT shall not, in and of itself, amount to completion of the investigation. INCREDIBIT may refund such sums to your Account based on preliminary investigation results. Upon the completion of the full investigation, if it is discovered that you are not entitled to the refund, INCREDIBIT may, in their sole discretion, either adjust your account and deduct the refunded sums from your Account or claim such sums from you.
8.3
In the event any incorrect sum was deducted from your Account, INCREDIBIT shall have the right(s) to make the necessary adjustment or deduction from your Account as required.

9. LIABILITY

9.1
This Service is provided on an "as is" and "as available" basis. INCREDIBIT 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; and
- Sequence, accuracy, completeness, timeliness or the security of any data, information provided to you as part of the Service.
9.2
INCREDIBIT will use reasonable endeavours to ensure that the Service is secured and cannot be accessed by unauthorised third parties.
9.3
You shall be solely responsible for any and all consequences of use or misuse of your Account, login credentials, and/or security credentials. You shall be responsible for all losses and payments (including the amount of any transaction carried out without your authority) due to your negligence or where you have acted fraudulently. For the purposes of this clause negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions.
9.4
However, you will not be liable for any losses caused by system glitches, technical errors or other operational issues encountered at INCREDIBIT, merchants or other relevant parties involved in the provision of this Service.
9.5
INCREDIBIT shall not be liable or responsible to you and / or to any other third party(s) for any costs, loss, or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the Service including but not limited to: -
- Your Account being hacked and/or theft of your login credentials and/or security credentials; and/or
- Any resulting dispute between you and INCREDIBIT’s merchant over any aspect thereof, including, but not limited to, issues relating to quality, merchantability, fitness for use, quantity, or delivery; and/or
- Resulting from the purchase or investment in any financial products, which shall include the principal sum of such purchase or investment of financial products; and/or
- Resulting from the exercise of INCREDIBIT’s rights in these Terms and Conditions and/or which arise from your default.

10. INDEMNITY

10.1
You shall indemnify and shall keep indemnified INCREDIBIT from any loss, damage, liability or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the breach of these Terms and Conditions, the use of the Account and Service, content transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorised use or exploitation of the Services or part thereof.
10.2
You hereby agree to fully indemnify and to hold INCREDIBIT harmless from and against any claim brought by a third party resulting from your use of the Account, Service and INCREDIBIT’s website and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered, or incurred directly or indirectly by INCREDIBIT in consequence of such use of the Account, Service and INCREDIBIT’s website, and/or your breach or non-observance of any of these Terms and Conditions and/or any applicable terms and conditions of any new services which INCREDIBIT may provide from time to time.
10.3
You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against INCREDIBIT arising from the above claims, and shall provide INCREDIBIT with notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at your sole expense.

11. GOVERNING LAW

11.1
These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia, and you hereby submit to the exclusive jurisdiction of the Malaysian courts.

12. FORCE MAJEURE

12.1
Without limiting the generality of any provision in these Terms and Conditions, INCREDIBIT shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom INCREDIBIT has no control over or any cause outside INCREDIBIT’s reasonable control.
12.2
The Service may occasionally be affected by interference caused by objects beyond INCREDIBIT’s control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion in Mobile Payment System. In the event of such interference, INCREDIBIT shall not be responsible for any inability to use or access the Service, interruption or disruption of the Service.

13. AMENDMENT AND MODIFICATION OF TERMS AND CONDITIONS

13.1
INCREDIBIT reserves the right at its absolute discretion, from time to time, to vary, add to, delete or otherwise amend these Terms and Conditions or any part thereof by giving you twenty-one (21) days prior notice of such changes, additions or deletions. Your continued use of the Service after the effective date of any variation, addition, deletion or amendments to these Terms and Conditions shall constitute your unconditional acceptance of such variation, addition, deletion or amendments. You are advised to visit the INCREDIBIT’s website from time to time to keep updated of the latest variation to these Terms and Conditions (if any).
13.2
The fees and charges imposed by INCREDIBIT pursuant to the Terms and Conditions may change from time to time. INCREDIBIT shall notify you of any changes to the fees and charges imposed by INCREDIBIT giving no less than twenty-one (21) days’ prior to the effective date of the said changes to the fees and charges.
13.3
New Services
- 13.3.1
  INCREDIBIT may, at its sole and absolute discretion provide you with new services from time to time, and these new services will be governed by these Terms and Conditions and the terms and conditions of the respective new services.

14. ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS OF UNLAWFUL ACTIVITIES ACT 2001 (AMLATFPUAA) & FINANCIAL SERVICES ACT 2013 (FSA).

14.1
INCREDIBIT acknowledges that the document or information collected by INCREDIBIT from you relating to your affair or account as a customer of INCREDIBIT will be only used and/or disclosed in accordance to the secrecy provisions under the Financial Services Act 2013 (FSA).
14.2
INCREDIBIT, its subsidiaries and officers shall comply in all material respects with the all applicable laws, regulations, guidelines and policies relating to AMLATFPUAA, including all, Regulations and Rules.
14.3
Without limiting the generality of the foregoing, to the extent required by the AMLATFPUAA, INCREDIBIT shall
- Maintain an anti-money laundering and anti-terrorism financing compliance program that is in compliance, in all material respects, with the AMLATFPUAA,
- Conduct, in all material respects, the due diligence required under the AMLATFPUAA in connection with the use of the Account, including with respect to the origin of the funds used by you to reload into the Account and
- Maintain sufficient information to identify you for purposes of compliance, in all material respects, with the AMLATFPUAA
14.4
In the event your Account is ceased, terminated or suspended by INCREDIBIT due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013 and/or AMLATFPUAA or any regulation and/or guidelines made thereunder), you shall not be entitled to obtain any refund of the monies and all reload monies whatsoever in the Account and it shall be lawful for INCREDIBIT to retain for an indefinite period or release to the relevant authorities all monies in the Account in accordance with applicable legislation, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom from INCREDIBIT.

15. INTELLECTUAL PROPERTY RIGHTS

15.1
All trademarks and other intellectual property rights used in relation to the Services belong to INCREDIBIT.
15.2
You acknowledge and agree that all trademarks and other intellectual property rights relating to the Services or any part thereof, whether presented to you by INCREDIBIT, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and all INCREDIBIT’s rights therein are expressly reserved.

16. SERVICE OF NOTICE

16.1
INCREDIBIT may, in its sole discretion, serve you notice under these Terms and Conditions by posting such notice on the INCREDIBIT’s website or any other online or other medium, which INCREDIBIT may introduce from time to time.

17. SEVERABILITY AND EFFECT OF TERMS AND CONDITIONS

17.1
If any of the provisions herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.

18. WAIVER

18.1
INCREDIBIT’s failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by INCREDIBIT in writing.

19. ASSIGNMENT

19.1
You shall not assign or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. INCREDIBIT may assign these Terms and Conditions in whole or in part to any third party at its discretion.

20. BINDING EFFECT

20.1
These Terms and Conditions shall be binding upon Your successors and permitted assigns. These Terms and Conditions shall be binding upon and ensure to the benefit of INCREDIBIT’s respective successors in title and assigns.

21. INQUIRIES OR COMPLAINTS

21.1
For further information, enquiries or complaint on the Service, you may contact us at 0322012363 or email to contacts@incredibit.my.
21.2

If the reply to your query or complaint is not satisfactory to you, you may contact the following bodies:

Bank Negara Malaysia
Laman Informasi Nasihat dan Khidmat (LINK)
Ground Floor, D Block,
Jalan Dato' Onn,
50480 Kuala Lumpur

Contact Centre (BNMTELELINK)
Tel: 1-300-88-5465
(Overseas: 603-2174-1717)
Fax: 603-2174-1515
Email: bnmtelelink@bnm.gov.my