These Terms and Conditions set out the rights and obligations of you, Hong Leong Bank Berhad (“the Bank”), and us, Fass Payment Solutions Sdn. Bhd (“Fasspay”) in connection with your use of the Bank Management Console for the Mobile Point of Sales Service (“the Service”).

The terms and conditions govern the use of the Bank Management Portal and are to be read together with the Mobile Point of Sales Licensing Agreement. Save and except for the variations set out below, all the Terms and Conditions of the Licensing Agreement shall apply. In the event of any discrepancy or inconsistency between the Terms and Conditions of the Licensing Agreement and the Terms and Conditions of the Bank Portal, the Terms and Conditions of the Licensing Agreement shall prevail in so far as they apply on the Bank Portal.

• 1.0Eligibility
  • 1.1In order to use the MPOS Bank Portal, you must be registered and authorised by the Bank to use the Service, and comply with the registration and activation procedures prescribed by the Bank.
• 2.0The Bank Portal - MPOS Service Scope
  • 2.1The Bank Portal will only be available via access points granted by the Bank, and to be accessed via workstations or assigned terminals that meet the required security specifications and configurations as may be specified by the Bank from time to time, and you agree to adhere with these requirements at your own expense.
  • 2.2Depending on your user access rights granted by the Bank, your account permits you to (a) create, edit, view, monitor, terminate and suspend merchant accounts, (b) upload, assign and manage card readers, (c) review transaction history and settle transactions.
  • 2.3You agree that, taking into account dependencies on third party vendors for SMS services and e-mail capabilities, Fasspay cannot guarantee the delivery of all SMS notifications / E-mail notifications from the MPOS system.
  • 2.4You acknowledge that the accuracy of the geo-location services shall be within a ten kilometre (10 km) radius from the location of the transaction, depending on the capabilities of the merchants’/mobile users’ mobile devices’ Assisted GPS functions.
  • 2.5You must follow all relevant Bank Security guidelines whenever you access or operate the MPOS Service via the Bank Portal. The Bank may inform you from time to time about changes to the way you should access or operate the Service. You must observe all such changes when accessing or operating the Service.
  • 2.6The Service is intended to be available 7 days a week, 24 hours a day but there is no warranty that the same will be available at all times. You further agree that the Bank shall be entitled at any time, at the Bank's sole discretion and without prior notice, to temporarily suspend the operation of the Bank Portal Service for updating, maintenance and upgrading purposes, or any other purpose whatsoever that the Bank deems fit. In such event, Fasspay shall not be liable for any loss, liability or damage which may be incurred as a result.
• 3.0Evidence
  • 3.1You agree that all Instructions transmitted via the Bank Portal or otherwise issued by you, though in electronic form:
    • 3.1.1are written documents, and you agree not to dispute or challenge the validity or enforceability of any Instruction on the grounds that it is not a written document and you hereby waive any such right you may have at law;
    • 3.1.2are original documents and you agree not to challenge the admissibility of any Instruction on the grounds that it is made in electronic form; and
    • 3.1.3you acknowledge and agree that the Bank's records and any records of your Instructions made or performed, processed or effected through the MPOS Service by you or any person purporting to be you, or any record of transactions relating to the MPOS Service and any record of any transactions maintained or by any relevant person authorised by the Bank relating to or connected with the MPOS Service, whether stored in electronic or printed form, shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of the Instruction and transactions and your liability to the Bank. You hereby agree that all such records are admissible in evidence and that you 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 your rights (if any) to so object.
• 4.0Security & Accessibility
  • 4.1Fasspay has no access to any of the Bank’s user accounts or merchant accounts, or any other information processed through the Bank Portal, save for the access rights that may be granted by the Bank to Fasspay for the purposes of system maintenance or troubleshooting from time to time.
  • 4.2Security Codes (PIN, User Login ID) will be issued by the Bank for access to the Bank Portal. The Bank may also issue separate requirements, restrictions, instructions, activation and access procedures, or any additional conditions pertaining to the access and use of the MPOS system, the security codes for the MPOS Service, and the transmission of Instructions ("Procedures"). All Procedures may be varied by the Bank from time to time. You agree and undertake to be bound by and to comply with all of the Procedures as may be issued by the Bank from time to time.
  • 4.3You must secure your access to the Bank Portal with a password. All such passwords and the security codes must be kept strictly confidential and must not be disclosed to anyone else.
  • 4.4You must not leave your workstation unattended or permit any person access to your workstation in such a manner that he may access your Bank Portal account without your consent.
  • 4.5In the event that you have reason to believe that someone has accessed your MPOS account(s), you must immediately notify and instruct the relevant Bank personnel.
  • 4.6Until and less you notify the Bank in accordance with Clause 4.4, all Instructions received by the Bank which are associated with your Bank Portal account shall be deemed to have come from you, and the Bank shall be entitled to rely on such Instructions, whether they actually originated from you or not. You acknowledge that the Bank may not be able to reverse or annul any transaction executed based on Instructions received prior to your notice to the Bank.
  • 4.7The Bank shall not be bound by or obliged to take any action on any Instructions which do not properly comply with the Procedures and the Bank may reject such non-compliant Instructions.
• 5.0Software
  • 5.1You are granted the rights to use the software, but based upon and subject always to your agreement to the following conditions:
    • 5.1.1You will not use the software for any purpose other than to access your own account(s) via the MPOS service on your own mobile device.
    • 5.1.2You will not download or install the software into a device or terminal which you do not own or have exclusive control.
    • 5.1.3You will not permit or enable any person to access the system or leave the Bank Portal unattended in such a manner as to enable a person to access the system.
    • 5.1.4You will not reproduce, modify or reverse engineer the software or permit another person to do so.
    • 5.1.5You will not permit any person to access your security codes or activation codes or otherwise enable him to download a copy of the software; and
    • 5.1.6The software is made available to you strictly on an "as is" basis, and no warranty is made in relation to the software, including any warranty in relation to its merchantability, fitness for purpose, satisfactory quality or compliance with description, and all warranties which may be implied by law or custom are hereby excluded.
    • 5.1.7The Bank has implemented necessary measures designed to secure your personal information and that of your Customers’ from accidental loss and from unauthorized access, use, alteration, or disclosure. You agree that Fasspay cannot guarantee that unauthorized third parties will be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information and that of your Customers at your own risk.
• 6.0Liability & Indemnity
  • 6.1For the avoidance of doubt, you agree that all provisions in the Licensing Agreement relating to the Fasspay’s liability including qualifications, exclusions and limitations shall apply to the MPOS Bank Portal Service Terms.
  • 6.2In particular, you acknowledge and agree that in addition to the events set out in the Terms for which Fasspay is not liable, the availability and proper functioning of the MPOS Bank Portal Service is dependent on many variable circumstances, including location, mobile network availability and signal strength, proper functioning of hardware, software and your access terminal, and Fasspay shall not be liable for any loss or damage caused by any unavailability or improper functioning of the Bank Portal for any reason.
  • 6.3You agree to indemnify and hold harmless Fasspay for any damages, loss, expense or liability incurred by the Bank as a result of use of the MPOS Service and Bank Portal.
  • 6.4You agree to indemnify and hold harmless Fasspay for any damages, loss, expense or liability incurred by the Bank as a result of any breach by you of this Agreement.
• 7.0 Suspension or Termination of Services
  • 7.1Notwithstanding anything herein to the contrary, the Bank may at any time, in its absolute discretion suspend or terminate your right of access to the Bank Portal without notice for any reason whatsoever and without any obligation to give any reasons.
• 8.0 Force Majeure
  • 8.1No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event. For purposes of this Agreement, a "Force Majeure Event" is an event which is beyond the reasonable control of a party and shall include acts of God, government, civil or military authority, civil or labour disturbance, strikes, criminal or terrorist activity, wars, fires, explosions, earthquake, subsidence, storms, floods, disease, epidemic, or health quarantines.
• 9.0 Severability
  • 9.1If any provision of this Agreement is agreed by Fasspay and the Bank to be illegal, void or unenforceable under any law that is applicable or if any court of competent jurisdiction in a final decision so determines, this Agreement shall continue in force save that such provision shall be deemed to be deleted with effect from the date of such agreement or decision or such earlier date as Fasspay and the Bank may agree.