r e v Pay

User Terms and Conditions
for revPay Services
    Revision 0.4, Last Revised: 30 Jan, 2013
    These User Terms and Conditions ("Agreement") is a contract between you and REVENUE HARVEST SDN. BHD. (Company No. 621984-T) a company incorporated in Malaysia (hereinafter referred to as "revPay"), and applies to your use of the revPay Services. You must agree with all of the terms and conditions contained in this Agreement and any applicable agreements and Policies on the Legal Agreements page. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we by posting a notice on the "Policy Updates" page of our website or notice to you. Your continued access or use of the website and/or the services provided herein subsequent to any such change will be deemed as your re-acceptance of the revised Terms and Conditions. The most recent revision date for these terms is identified above.
    THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR ACCESS AND THE USE OF THIS WEBSITE AND THE SERVICES PROVIDED HEREIN BY revPay OR ITS AFFILIATES. YOU ARE SOLELY RESPONSIBLE FOR UNDERSTANDING AND COMPLYING WITH ANY AND ALL LAWS, RULES AND REGULATIONS OF YOUR SPECIFIC JURISDICTION THAT MAY BE APPLICABLE TO YOU IN CONNECTION WITH YOUR USE OF THE revPay WEBSITE AND/OR THE revPay SERVICES, INCLUDING BUT NOT LIMITED TO, THOSE RELATED TO EXPORT OR IMPORT ACTIVITY, TAXES OR FOREIGN CURRENCY TRANSACTIONS WITHOUT LIMITATION OR QUALIFICATION.
    This is an important document which you must consider carefully when choosing whether to use the revPay Services. Please note the following risks of using the revPay Services: a) Payments received in your Account may be reversed at a later time, for example, if a payment is subject to a Dispute, Chargeback, Reversal, Claim or is otherwise invalidated. b) We may close, suspend, or limit your access to your revPay Services, and/or limit access to your funds if you violate this Agreement, or any other agreement you enter into with revPay.
    IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS TO THIS WEBSITE AND/OR USE OF THE SERVICES.
  1. DEFINITIONS Now it is hereby agreed as follows:
    2. This Expression... Means
    “Agreement” The revPay User Terms And Condition(RUTC), E-Commerce Merchant Terms And Conditions(ECMTC), Privacy Policy, Policy, policies and amendment thereto (if any) between you and revPay that you entered into on the revPay website, or in connection with your use of the revPay Services.
    "Account" or "revPay Account" or "revPay Services" All our Online Payment Solutions which as: “revPay API”, “revPay EXPRESS”, “revPay EXPRESS+”, “revPay DEBIT” and any other features, technologies and/or functionalities offered by us on our website or through any other means.
    “Account Profile" The location on our website where you can, after logging in, view and manage your profile, including your personal information, Payment Transaction History, your selling tools, and your Account settings including your notification preferences and API Access permissions.
    “Application” The form Merchant have completed and submitted to revPay to participate as a User and/or Merchant which may with Physical Form and/or Sign-up on internet.
    "Authorize" or “Authorisation” Buyer’s express authorization to a Merchant to collect a payment from the buyer’s Account.
    “Additional Payment Acceptance” The Additional Payment Method which can accept others Payment Mode like Visa/ MasterCard to fund a transactions.
    “Business Day” or “Working Day” Any day (excluding Saturdays, Sundays and public holidays) on which banks in Kuala Lumpur and Selangor Darul Ehsan are open for business;
    “Calendar Day” A day in the Gregorian calendar
    “Cards” A validly issued and unexpired Credit card of MyClear, China Unionpay Co. Ltd (CUP), MEPS, Visa Europe, Visa Inc, Visa International, MasterCard Worldwide, UK Maestro, Solo and/or International Maestro bearing the acceptance “Bankcard Marks”, “China Unionpay Co. Ltd (CUP) Marks”, “Visa”, “MasterCard” which is validly issued by authorized banks and/or corporations as the case maybe and may include new debit cards duly authorized by as mentioned above.
    “Cardholder” Any person authorized by Issuer to enjoy the Cards facilities whose name shall be embossed on the Cards and where applicable, whose signature appears thereon as the authorized user.
    “Card Pin”, “One Time Pin” A personal identification number which function as a key for the Card to enable cardholder authorized a debit transaction.
    “Cash Back” A service using Card to obtain cash offered to Cardholder whereby an amount is added to the total purchase price of an transaction paid by Card and Cardholder receives that amount in cash along with the purchases at participating Merchant’s by debiting Cardholder’s account.
    "Chargeback" A request that a buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
    “Chargeback Fee” A fee is charged at the time a Chargeback is applied to your Account for a payment you receive.
    “Charges” Any amount to be debited and/or credited directly from the Debit card and/or Credit card by the cardholder for the purchases of goods and/or services from Merchant.
    "Communications" Any Account or transaction information that revPay provides to you, including: any Policies you agree to, including updates to these Policies; annual disclosure; transaction receipts or confirmations; Account statements and history; and tax statements we are required to make available to you
    "Customer Service" RevPay's customer support which can be accessed online through the revPay Help Center at any time, or by email to support @ revpay . com . my
    “Dispute" A dispute filed by a User directly with revPay in the pursuant to Section 15 of this Agreement.
    "E-Commerce Merchant Terms and Conditions”(ECMTC) The agreement that commercial entities are required to enter into directly with revPay's payment processor(s) and/or revPay EXPRESS+ and/or revpay DEBIT User.
    “Error” A processing error made by revPay or its suppliers in which your Account is mistakenly debited or credited.
    “E-Commerce” Electronic Commerce is the exchange of goods and services for payment made between the Cardholder and Merchant when all of the transactions are performed via electronic communications and/or through Internet Payment Gateway.
    "Fees" The fees payable by the Merchant to revPay for the Service more particularly stated in Appendix A hereto excluding the banking charges imposed on revPay and shall include any revised Fees which may be agreed by both parties from time to time.
    “Issuer” A bank and/or financial institution or other organization and/or corporation who are authorized to issue Cards.
    “Members”, "Merchant" and “Seller” Are used interchangeably and mean a User who is selling goods and/or services and using the revPay Services to receive payments.
    "Member and/or Merchant's Information", "Information" Any information that You and/or Merchant provides to us, or other users in the registration, payment process, stores or other features of revPay's Service or any other information provided by the Merchant in connection with the Service including but not limited to personal and/or Business information, financial information, or other information related to you or your business.;
    “Merchant Number” , “MID”, “Merchant Name” A unique identification number assigned by revPay to the Merchant under the Terms of this Agreement for each of the Payment Acceptance.
    "No Log-In Payment" A revPay payment that is made without the Receiver having to log into his/her Account.
    "Payment Method" The payment method used to fund a transaction. The following payment methods may be used to fund a transaction (subject to availability): balance, Instant Transfer, credit card, debit card.
    “Party” Shall be refer as revPay or User and/ or Merchant individual.
    “Parties” Shall be refer as revPay and User or Merchant
    "revPay", "we" "us" or "our" Revenue Harvest Sdn. Bhd.,
    “revPay Website” www . revpay . com . my
    “revPay Account”, “revPay Solutions” as “revPay API”, “revPay EXPRESS”, “revPay EXPRESS+”, “revPay DEBIT”
    "revPay API Account" An Account used primarily for business purposes and not for personal, family, or household purposes.
    “revPay EXPRESS Account” An Account used for personal, family, household or business purposes to Received and/or Make a payment for goods and/or services with only Default Payment Acceptance.
    “revPay EXPRESS+ Account” An Account used for personal, family, household or business purposes to Received and/or Make a payment goods and/or services with additional acceptance Payment Methods.
    “revPay DEBIT” A payment in which the recipient is provided advance Authorization to debit the sender’s Account directly on a one-time, regular, or sporadic basis in accordance with the recipient’s agreement with the sender. revPay DEBIT are sometimes called "subscriptions", “automatic payments”, “automatic billing”, "recurring payments", “preauthorized transfers”, “auto debit” or “diret debit”.
    "Reserve" A percentage of the funds received into your Account that we hold in order to protect against the risk of Reversals, Chargebacks, Claims or any other liability related to your Account and/or use of the RevPay Services.
    "Restricted Activities" Those activities described in Section 7 of this Agreement.
    "Reversal" revPay reverses a payment you received because: a) It is invalidated by the sender's bank. b) It was sent to you in Error by revPay, its parent, subsidiaries, affiliates or any direct or indirect revPay subsidiary. c) The sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card). d) You received the payment for activities that violated this Agreement, or any other Policy. e) revPay decided a Claim against you.
    "Substantial Change" A change to the terms of this Agreement that reduces your rights or increases your responsibilities.
    "Transaction Details Page" The page on the revPay website titled "Transaction Details" that displays information about the transaction. This page is accessible from the "Details" link on the "Overview" and "History" subtabs of the "My Account" tab on the revPay website.
    "User" Any person or entity using the revPay Services including you.
    "Verified Account" An Account status that reflects that revPay has verified that an Account holder has legal control of one or more of his or her Payment Methods. A Verified Account status does not constitute an endorsement of a User or a guarantee of a User's business practices.
    "Virtual Terminal Payment" A payment processed by revPay through the Virtual Terminal flows that is funded directly by a credit or debit card and not through an Account.
    “Withdraw” The procedures required of User and carried out by the User for the purpose of transmitting data of transaction to the revPay for reconciliation and payment.

  2. RELATIONSHIP BETWEEN revPay AND YOU 2.1 revPay is involved the business of operation of website, provision of e-commerce services and e-commerce trading platform to facilitate online payment processing (collectively referred to as "Service"). The provisions of the Services are governed by the terms and conditions in the agreements executed or to be executed between revPay and the relevant financial institutions. 2.2 revPay shall act solely as an online payment switching service provider and/or a facilitator and/or an intermediary for receipt of Buyer's Charges by you and shall not act as a repository or custodian with respect to the Buyer’s Charges. Accordingly, revPay does not have any onus or liability whatsoever to ensure that the products and/or services that are transacted between buyers and/or sellers. 2.3 revPay shall only be responsible for depositing your Balance with the authorized dealer bank and shall not be liable to you for the payment of your Balance upon demand. 2.4 Notwithstanding the provision of the Service by revPay and any of the terms of this Agreement to the contrary, the Merchant and/or you acknowledges that:-  2.4.1 revPay is not a bank and the revPay Services are payment processing services rather than a banking service, and  2.4.2 revPay is not acting in the capacity of a trustee, fiduciary party or escrow agent with respect to your funds, but is acting only as an agent and custodian. The Merchant agrees that it shall not receive interest or other earnings on the funds handled or processed by revPay on behalf of the User and that revpay shall be entitled to the interest accrued on such funds (if any). 2.5 revPay does not have control of, nor liability for, the products or services that are paid for with the revPay Services. We do not guarantee the identity of any User or ensure that a buyer or a Seller will complete a transaction.
  3. PAYMENT SERVICES AND ELIGIBILITY. 3.1 Payment Services. revPay is a payment services provider and acts as such by creating, hosting, maintaining and providing our revPay Services to you via the Internet. Our services allow you to send payments to anyone with a revPay Account, and, where available, to receive payments. revPay is not a remittance business or a money transfer service. We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. revPay is not a common carrier or public utility. 3.2 Eligibility. To be eligible to use the revPay Services, you must be at least 18 years old or higher based on the age of majority in your jurisdiction. 3.3 Information. In order to open and maintain an Account, you must provide us with correct and updated Information.  3.3.1 Identity Verification. You authorize revPay, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation, requiring you to provide a taxpayer or national identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your Information against third party databases or through other sources.  3.3.2 Credit Report Authorization. If you open a revPay EXPRESS+ or revPay API Account, you are providing revPay with your written instructions and authorization in accordance with any applicable law to obtain your personal and/or business credit report from a credit bureau. You are also authorizing revPay to obtain your personal and/or business credit report:  a) when you request certain new products, or  b) at any time revPay reasonably believes there may be an increased level of risk associated with your revPay EXPRESS+ or revPay API Account.  3.3.3 Updates to Information. If your credit card number or expiration date changed, we may acquire that information from our financial services partner and update your Account. 3.4 Beneficial Onwer. You must be the beneficial owner of the Account, and conduct business only on behalf of you.
  4. SENDING PAYMENTS. 4.1 Sending Limits. We may, at our discretion, impose limits on the amount of payments you can send through the revPay Services. You can view your sending limit, if any, by logging into your Account and clicking on the View Limits link on the Account Overview page. If you have a Verified Account, we may increase your sending limits. 4.2 Refused and Refunded Payments. When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned to your original Payment Method. We will return any unclaimed payment to you within 30 Days of the date you initiated the payment. 4.3 Merchant Processing Delay. When you send a payment to certain Merchants, you are providing an Authorization to the Merchant to process your payment and complete the transaction. The payment will be held as pending until the Merchant processes your payment. Some Merchants may delay processing your payment. In such an instance, your Authorization will remain valid for up to 30 Days. If your payment requires a currency conversion, the exchange rate will be determined at the time the Merchant processes your payment and completes the transaction.
  5. RECEIVING PAYMENTS. 5.1 Ability to Receive Payments. You are ability to receive payments from your buyer through revPay Services. 5.2 Liability for Invalidated Payments. When you receive a payment, you are liable to revPay for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees listed in Appendix A (Fees) of this Agreement if you lose a Claim or a Chargeback, or if there is a Reversal of the payment. 5.3 You agree to allow revPay to recover any amounts due to revPay by debiting your balance. If there are insufficient funds in your balance to cover your liability, you must reimburse revPay through other means. If a sender of a payment files a Chargeback, the credit card issuer, not revPay, will determine who wins the Chargeback. 5.4 No Surcharges. You agree that you will not impose a surcharge or any other fee for accepting revPay as a payment method. 5.5 revPay DEBIT Payments. If you wish to receive revPay DEBIT Payments, you must receive your buyer’s Authorization by filling a DDA Form to the maximum payment amount, frequency and duration and submit to MyClear for vilification prior to submitting the payment.
  6. WITHDRAWING The Merchant hereby irrevocably authorizes revPay to cause all funds received on behalf of the Merchant by revPay in connection with the Service to be deposited on its behalf in the revPay 's banking accounts. revPay shall credited directly the total amount of payment for transaction (including any applicable taxes, tips, etc) will be subject to any discount rate/ refunds/ rebates agreed upon by the Parties and less any applicable Fees listed in Appendix A (Fees) to the Merchant via Internet online fund transfer to Merchant’s dedicated bank account, provided the funds are more than RM100.00. The floating period of Settlement is subject to the bank account used by the merchant. All figures are subject to final audit and checking by revPay. Merchant hereby agrees that any Settlement by revPay to the Merchant shall be deemed to have been accepted and correct if no objection is raised by the Merchant within five (5) Business Days from the day the said payment is credited into the Merchant’s dedicated bank account. No disputed/objection or issue raised by the Merchant on any Settlement made by revPay after the lapsed of the five (5) days period stated in the aforesaid shall be entertained and the Settlement made herein shall not prejudice revPay discretion from correcting any error or discrepancy in any amount paid to the Merchant. 6.1 Withdrawing Limits. Depending on the status to which you have verified your Account, we may limit your ability to withdraw funds until you comply with our requests for information. You can view your withdrawal limit, if any, by logging into your Account and clicking on the View Limits link on the Account Overview page. In addition, we may delay withdrawals of large sums of money while we perform a risk review. 6.2 Withdrawing Currency. All payments by revPay to Merchant in respect of the transactions shall be made in Malaysia Ringgit(MYR) and the place of settlement will be in Malaysia. It is recommended that the merchant should have its own account in the banks in Malaysia. 6.3 Withdrawing Frequency. The frequency of settlement to the merchant is set by default on Section 2 in Merchant Application Form either between 7 to 15 business days after the transaction day or upon request by Merchant. 6.4 Withdrawing Fee. revPay will charge MYR 2.00 every time of Internet Bank Giro (IBG) fund transfer to Merchant’s dedicated bank account.
  7. RESTRICTED ACTIVITIES. You are solely responsible for understanding and complying with all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the revPay website, the revPay services, your Account, or in the course of your interactions with revPay, other Users, or third parties, you will not: 7.1 Breach this Agreement, the E-Commerce Merchant Terms and Conditions (ECMTC) and any applicable agreements, Terms and Conditions, or any other Policies that you have agreed to with revPay; 7.2 Violate any law, statute, ordinance, or regulation; 7.3 Infringe revPay 's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; 7.4 Sell counterfeit/replica/ Licensee/ unauthorised goods and/or services; 7.5 Act in a manner that is defamatory, trade libellous, threatening or harassing; 7.6 Provide false, inaccurate or misleading Information; 7.7 Engage in potentially fraudulent or suspicious activity and/or transactions; 7.8 Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to revPay; 7.9 Receive or attempt to receive funds from both of revPay and the Seller, bank or credit card issuer for the same transaction during the course of a dispute; 7.10 Control an Account that is linked to another Account that has engaged in any of these Restricted Activities; 7.11 Conduct your business or use the revPay Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to revPay, other Users, third parties or you; 7.12 Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the revPay Services; 7.13 Use your Account or the revPay Services in a manner that revPay, MyClear, UnionPay, Visa, MasterCard or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules; 7.14 Provide yourself a cash advance from your credit card (or help others to do so); 7.15 Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User’s express consent to do so; 7.16 Send unsolicited email to a User or use the revPay Services to collect payments for sending, or assisting in sending, unsolicited email to third parties; 7.17 Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; 7.18 Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; 7.19 Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; 7.20 Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the revPay Services; 7.21 Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers; 7.22 Relate to transactions involving: a) Any illegal or immoral activities, including but not limited to violate the Countries laws and/or Bank Negara Malaysia rules; b) Narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety; c) Drug paraphernalia; d) Items that encourage, promote, facilitate or instruct others to engage in illegal activity; e) Stolen goods including digital and virtual goods; f) Items that promote hate, violence, racial intolerance, or the financial exploitation of a crime; g) Items that are considered obscene; h) For gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from revPay and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law. (regardless of the location or type of gambling activity); i) Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; j) Certain sexually oriented or obscene materials or services; k) Ammunition, firearms, certain firearm parts, high capacity magazines, Taser, air guns or accessories; l) Certain weapons or knives regulated under applicable law; 7.23 Relate to transactions that’s: a) Show the personal information of third parties in violation of applicable law; b) Support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs; c) Are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card; d) Are for the sale of certain items before the seller has control or possession of the item; e) Are by payment processors to collect payments on behalf of merchants; f) Are associated with the sale of traveler's checks or money orders; g) Involve currency exchanges or check cashing businesses;
    IF revPay, IN ITS SOLE DISCRETION, BELIEVES THAT YOU MAY HAVE ENGAGED IN ANY RESTRICTED ACTIVITIES, WE MAY TAKE VARIOUS ACTIONS TO PROTECT revPay, ITS PARENT, SUBSIDIARIES AND AFFILIATES, OTHER USERS, OTHER THIRD PARTIES OR YOU FROM REVERSALS, CHARGEBACKS, CLAIMS, FEES, FINES, PENALTIES AND ANY OTHER LIABILITY. THE ACTIONS WE MAY TAKE INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
    • We may close, suspend, or limit your access to your Account or the revPay Services; • We may refuse to provide the revPay Services to you now and in the future; and • We may hold your funds for a period of time reasonably needed to protect against the risk of liability to revPay or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
  8. CLOSING YOUR ACCOUNT. 8.1 How to Close Your Account. You may close your Account at any time by following the instructions in your Account Profile. Upon Account closure, we will cancel any pending transactions and you will forfeit any balances associated with Redemption Codes, unless otherwise legally prohibited. You must withdraw your balance prior to closing your Account. 8.2 Limitations on Closing Your Account. You may not evade an investigation by closing your Account. If you close your Account while we are conducting an investigation, we may hold your funds to protect revPay, its parent, subsidiaries and affiliates or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
  9. TERMINATION OF SERVICE, LIMITED ACCOUNT ACCESS; CONFIDENTIAL CRITERIA. revPay, in its sole discretion, reserves the right to terminate this Agreement and/or access to the revPay Services for any reason and at any time upon notice and payment to you of any unrestricted funds held in your balance. If we limit access to your Account, including through a Reserve or Hold, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that revPay’s decision to take certain actions, including limiting access to your Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users’ Accounts and the revPay system. You agree that revPay is under no obligation to disclose the details of its risk management or its security procedures to you.
  10. WITHHOLDING OF PAYMENT. revPay, in its sole discretion, may place a hold on any or all of the payments you receive when revPay believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. revPay’s determination may be based on different factors and revPay may rely on information it receives from third parties. If revPay places a hold on a payment, the funds will appear in your “pending balance” and the payment status will indicate the hold, for example it can show as “Completed - Funds not yet available.” If revPay places a hold on any or all of the payments you receive, revPay will provide you with notice of our actions. revPay will release the hold on any payment after 30 Days from the date the payment was received into your Account unless revPay has a reason to continue to hold the payment such as:- 10.1 If a User files a Dispute, Claim, Chargeback or Reversal on a payment you received, revPay may place a temporary hold on the funds in your Account to cover the amount of the liability. 10.2 The receipt of a Dispute, Claim, Chargeback, or Reversal, 10.3 revPay believes that you have committed a breach and/or violated the terms of this Agreement or any other Policies and that such a violation results in the need to continue holding the funds, 10.4 revPay believes that you may be engaging in potentially fraudulent or suspicious activity and/or transactions. In such an event, revPay may continue holding the payment in your Account until revPay has examined and verified acceptable supporting documentation and/or conducted investigations, until the full determination and/or the matter is resolved pursuant to this Agreement. revPay, in its sole discretion, may release the hold earlier under certain circumstances, for example when you upload tracking information of the item you shipped.
  11. REFUND, REBATE OR RETURNED MERCHANDISE 11.1 In the event Seller receives any request for refund, return of goods or rebate or any cancellation of transaction from the Buyer or the Seller itself agrees to provide refund or rebate to the Buyer for any amount of the Transaction effected by the Buyer for any reason whatsoever, the Seller shall give a refund or rebate to the Buyer by making the necessary arrangements with revPay to effect such refund or rebate to the Buyer’s Account. 11.2 The Seller agrees to pay revPay forthwith on demand the total amount of any refund or rebate granted to the Buyer.
  12. RESERVES. RevPay, in its sole discretion, may place a Reserve on funds held in your revPay Account(s) when revPay believes there may be a high level of risk associated with your Account. If revPay places a Reserve in your Account, transactions will be shown as "pending" in your revPay balance, and you will not have access to funds in a “pending” status until they are cleared. If your Account is subject to a Reserve, revPay will provide you with notice specifying the terms of the Reserve. The terms may require that a certain percentage of the amounts received into your Account are held for a certain period of time, or that a certain amount of money is held in Reserve, or anything else that revPay determines is necessary to protect against the risk associated with your Account. revPay may change the terms of the Reserve at any time by providing you with notice of the new terms.
  13. CHARGEBACK 13.1 In the event revPay discovers that there is any breach or violation of any terms and conditions of this Agreement and/or of any procedures and requirements as may be stipulated by revPay and/or Issuer from time to time by the Merchant, revPay is entitled as its sole and absolute discretion to effect an immediate deduction from Merchant’s current or banking account for the total amount of the transactions that is in breach and any other penalties or additional fees payable to revPay and/or Issuer. If the Merchant’s banking account has insufficient fund revPay shall have full recourse to recover by exercising its right to set-off or raising a claim on the Merchant or by any other means, as revPay shall deem fit. 13.2 In the event revPay may have inadvertently or on account of any other reason whatsoever authorized payment to the Merchant in respect of the Cardholder in any Transactions. revPay is entitled at its sole and absolute discretion to effect an immediate deduction from Merchant’s current or banking account for the total amount of the transactions that is in breach and any penalties or additional fees payable to revPay and/or Issuer. The Chargeback Fee MYR 50.00 is charged at the time a Chargeback is applied to your Account for a payment you receive.
  14. RESTRICTED ACTIVITIES VIOLATIONS. If you violate the Restricted Activities (Section 8) of this Agreement, then in addition to the above actions you will be liable to revPay for the amount of revPay’s damages for each violation of the Restricted Activities. You agree that MYR 10,000.00 (or equivalent) per transaction in violation of the RESTRICTED ACTIVITIES is presently a reasonable minimum estimate of revPay’s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to revPay that reasonably could be anticipated because due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. revPay may deduct such damages directly from any existing balance in the offending Account, or any other Account you control.
  15. DISPUTES WITH REVPAY. The Parties shall use their best efforts to promptly and adequately resolve any dispute or difference which may arise between them in respect of these Terms and Conditions or the operation or construction thereof, or any matter in any way connected with this Agreement, or the rights, duties or liabilities of the Parties under or in connection with this Agreement through amicable consultations, conciliation or other agreed means. 15.1 Contact revPay First. If a dispute arises between you and revPay, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and revPay regarding the revPay Services may be reported to Customer Service by email to us support@revpay.com.my . 15.2 Arbitration. Any dispute which cannot be settled amicably between the Parties within thirty (30) days from the date of the written notice by one Party to the other of the dispute shall be referred to an arbitrator in accordance with and subject to the provisions of the Arbitration Act, 1 952. The awards and findings of the arbitrator shall be final and binding on the Parties hereto 15.3 Law and Forum for Disputes. Except as otherwise agreed by the parties or as described in Section 15.2 above, you agree that any claim or dispute you may have against revPay must be resolved by a court located in Malaysia or where the defendant is located. You agree to submit to the personal jurisdiction of the courts located within Malaysia for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of Malaysia as such laws are applied to agreements entered into and to be performed entirely within Malaysia, without regard to conflict of law provisions. 15.4 Notices to You. You agree that revPay may provide you Communications about your Account and the revPay Services electronically. revPay reserves the right to close your Account if you withdraw your consent to receive electronic Communications. Any electronic Communications will be considered to be received by you within 24 hours of the time we post it to our website or email it to you. Any notice sent to you by postal mail will be considered to be received by you 3 Business Days after we send it. 15.5 Notices to revPay. Except as otherwise stated above in Section 15.1, notice to revPay must be sent by postal mail to: REVENUE HARVEST SDN. BHD. Attention: Legal Department, No. 12, Jalan Udang Harimau 2, Kepong Business Park, 51200 Kuala Lumpur, Malaysia. 15.6 Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, revPay will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement. 15.7 Release of revPay. If you have a dispute with one or more Users, you release revPay, its parent, subsidiaries and affiliates(and their officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
  16. DISCLAIMER AND LIMITATIONS OF LIABILITY. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILAITES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE revPay SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIIDAREIS AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
  17. NO WARRANTY. THE REVPAY SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. revPay, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. revPay shall use its best efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but revPay makes no representations or warranties regarding the amount of time needed to complete processing because the revPay Services are dependent upon many factors outside of our control, such as delays in the banking system or the local or international mail service. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. revPay does not have any control over the products or services that are paid for with the revPay Services and revPay cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. revPay does not guarantee continuous, uninterrupted or secure access to any part of the revPay Services, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. This paragraph gives you specific legal rights and you may also have other legal rights that vary from country to country.
  18. INDEMNIFICATION. You agree to defend, indemnify and hold revPay, its parent, subsidiaries and affiliates, and our officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the revPay Services and/or or the violation of any provisions of law in connection with the transactions contemplated under this Agreement.
  19. LICENSE GRANT. If you are using revPay software such as an API, developer's toolkit or other software application that you have downloaded to your computer, device, or other platform, then revPay grants you a revocable, non-exclusive, non-transferable license to use revPay's software in accordance with the documentation. This license grant includes the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all revPay documentation accompanying the revPay Services. If you do not comply with revPay's implementation and use requirements you will be liable for all resulting damages suffered by you, revPay and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to revPay's software are owned by revPay. Any third party software application you use on the revPay website is subject to the license you agreed to with the third party that provides you with this software. revPay does not own, control nor have any responsibility or liability for any third party software application you elect to use on the revPay website and/or in connection with the revPay Services. If you are using the revPay Services on the revPay website, or other website or platform hosted by revPay, or a third party, and are not downloading revPay's software or using third party software applications on the revPay website, then this section does not apply to your use of the hosted revPay Services.
  20. CONFIDENTIALITY AND INTELLECTUAL PROPERTY. 20.1 All information that the Merchant may obtain from or through the revPay Website in connection with or in the course of its use of the Service, whether intended or by accident, shall be kept confidential and the Merchant shall not disclose such information or use the same other than disclosure to authorized third parties or as obviously contemplated under this Agreement or with revPay's express written consent.All information that revPay may obtain from or through the Website in connection with or in the course of the provision of the Service, whether intended or by accident, shall be kept confidential and revPay shall not disclose such information or use the same other than disclosure to authorized third parties or as obviously contemplated under this Agreement or with the Merchant's express written consent. 20.2 If you receive Information about another User through the revPay Services, you must keep the Information confidential and only use it in connection with the revPay Services. You may not disclose or distribute a User's Information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so. 20.3 The Merchant acknowledges that the copyright, designs, trademarks and other intellectual property rights comprised in the information, text, graphics, scripts, software, technology, music, sound, photograph or any other materials or works used on, comprised or contained in the revPay Payment System, revPay software and the revPay Marks (collectively "the Materials") are the sole and exclusive property of revPay and/or its licensors. 20.4 The Merchant further agrees and undertakes that save as expressly permitted in this Agreement it shall not without revPay's prior written consent:  20.4.1 reproduce, copy, reverse compile, adapt, modify, distribute, commercially exploit, display, broadcast, hyperlink or transmit in any manner or by any means or store in an information retrieval system any part of the revPay Website or the Materials; or  20.4.2 Create or use derivative works from the Materials or create any hyperlink of any sort or manner to or from the revPay Website from or to any other website or use any part of the Materials contained at the revPay Website or any other server. 20.5 revPay acknowledges that the copyright, designs, trademarks and other intellectual property rights comprised in the information, text, graphics, scripts, software, technology, music, sound, photograph or any other materials or works used on, comprised or contained in the Website, the Merchant System and the Merchant Marks (collectively "the Merchant Materials") are the sole and exclusive property of the Merchant and/or its licensors. 20.6 revPay further agrees and undertakes that save as expressly permitted in this Agreement it shall not without the Merchant's prior written consent:  20.6.1 reproduce, copy, reverse compile, adapt, modify, distribute, commercially exploit, display, broadcast, hyperlink or transmit in any manner or by any means or store in an information retrieval system any part of the Website or the Merchant Materials; or  20.6.2 Create or use derivative works from the Merchant Materials or create any hyperlink of any sort or manner to or from the Website from or to any other website or use any part of the Merchant Materials contained at the Website or any other server.
  21. Password Security. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the revPay Services.
  22. Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. revPay is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction. Please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing services from a foreign entity. In addition, you may be subject to VAT, sales tax, income tax, or other tax liabilities as a seller of goods or services. It is your responsibility to check with your local tax advisor to determine which taxes apply to you, and it is your responsibility to pay such taxes to the appropriate tax authority. All Fees related to the revPay Services are made free and clear of, and without any deduction or withholding for and on account of, any taxes, duties or other deductions. Any such deduction or withholding, if required by the laws of any country are your sole responsibility.
  23. Entire Agreement. This Agreement, along with any applicable Policies on the Legal Agreements page on the revPay website, sets forth the entire understanding between you and revPay with respect to the revPay Services. The provisions of sections 1, 8, 9, 10, 15, 16, 21 as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
  24. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without revPay's prior written consent. revPay reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
  25. Language. In the event of a conflict in the interpretation of this Agreement and any translation of it in any language, the English version of this Agreement shall prevail.
  26. Waiver. The waiver by us of any breach of this Agreement committed by Merchant shall not prevent the subsequent enforcement of that term and shall not deem a waiver of any subsequent breach.
  27. Assumption of Rights. If revPay pays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that revPay assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in revPay's discretion.
  28. Governing Law. This Agreement is governed by, and shall be construed in accordance with, the laws of Malaysia, and the parties hereby agree that any action or proceedings and liabilities of the parties hereto shall be submitted to the non-exclusive jurisdiction of the Court of Malaysia.
    29. Back to Top