TERMS OF USE FOR PAKJUAN USERS
Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.
The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and PAKJUAN. (the “Company”).
By using the PakJuan mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking to establish an account with the Company and use the PakJuan Wallet, a Designated Payment Instrument issued by the Company pursuant to the Financial Services Act 2013 and regulated by Unionbank, (the “PakJuan Wallet” and generally, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at http://www.pakjuan.com or through the Application. The Company will provide one (1) month’s notice of any material changes to these Terms of Use following which your continued use of the Service will be deemed to confirm your acceptance of the revised Terms of Use.
Funding Methods for use of the Service
Payments by the PakJuanPay service may be made directly in the PakJuan application via the addition of a credit or debit card, or via such other method of making payment to merchants as is available in the Application, or by the use of the PakJuanPay Wallet.
Users may choose to add any credit or debit cards or such other methods of making payment into the PakJuanPay Wallet (each, together with those payment methods in the first bullet point, a “Funding Source”).
You agree that we may verify and authorize the Funding Source details when you first register the Funding Source with us as well as when you use the Service.
In the case of credit cards as Funding Sources, you agree that we may issue a reasonable authorization hold, which is not an actual charge against your card, in order to verify your payment method via your card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card.
In the event your payment through the PakJuanPay Wallet using a credit card as your Funding Source is processed overseas, you will be liable for any additional charges in relation thereto.
Your PakJuanPay Wallet will hold only Malaysian Ringgit currency.When you register for the Service, you will have the option to pre-set a default “tip” amount of your choosing in relation to payments to transportation providers. In the case of transportation usage, this will automatically be added to the amount payable at the end of each journey and given to the third-party transportation provider unless you choose to override it with a different tip amount or to remove the tip.
The Company has the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.
You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
The Company reserves the right to suspend the use of your account entirely, disable the cashless feature in the PakJuanPay Wallet or block any financial instruments e.g credit or debit card where it reasonably believes that the account activity may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms Of Use.
When you make or receive a payment, you are liable to the Company for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason including but not limited to claims, chargebacks, or if there is a reversal of the payment. You agree to allow the Company to determine (or in the case where a credit card is used as the Funding Source, to work with your credit card issuer) to determine the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to the Company by debiting your PakJuanPay Wallet.
You shall be responsible to resolve any disputes with your credit card company on your own.
You are responsible for all losses, reversals, fees, claims, penalties or chargebacks, incurred by you or the Company, another user, or a third party caused by or arising out of your breach of this Agreement, damage to or loss of your mobile device, the authorized use of your account by a third party and/or your use of the Service, and where such are borne by the Company, another user, or a third party you agree to reimburse the same for any and all such liability.
You are not responsible for such losses, reversals, fee, claim, penalty or chargebacks resulting from the Service malfunctioning, the unauthorized use of your PakJuanPay Wallet, fraudulent transactions through your PakJuanPay Wallet or the illegal reload of PakJuanPay Credits into your PakJuanPay Wallet.
PakJuanPay Credits
You may purchase credits for the PakJuanPay Wallet (“PakJuanPay Credits”) which may be used to pay for the goods and services either via a Funding Source or via payment in cash to an authorized agent of PakJuanPay.
The maximum amount of PakJuanPay Credits that a user of the Basic PakJuanPay Wallet can hold at any time is RM 500.00 and no transaction using the Consumer PakJuanPay Wallet may exceed this amount.
The maximum amount of PakJuanPay Credits that a user of the Premium PakJuanPay Wallet can hold at any time is RM 1,500.00 and no transaction using the Consumer PakJuanPay Wallet may exceed this amount.
The maximum amount of PakJuanPay Credits that a user of the Business PakJuanPay Wallet can hold at any time is RM 15,000.00.
Users operating their PakJuanPay Wallet on mobile telephone handsets using operating systems introduced prior to iOS version 6.3.13 or Android version 5.0 shall be limited to a daily spend limit of RM 200.00.
You may choose to purchase PakJuanPay Credits via any Funding Source as may be made available in the Application from time to time. Selecting a particular Funding Source means you are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.
The Company may at its sole and absolute discretion reject your request to purchase PakJuanPay Credits for any reason whatsoever, including without limitation, where your proposed PakJuanPay Credits purchase:
would cause the aggregate amount of stored value held by the Company, directly or indirectly, alone or together with any person over whom the Company has control or influence, to exceed any value permitted under the prevailing laws and regulations; or
would cause the amount of PakJuanPay Credits held by you to exceed the respective maximum amount for either the Consumer or Business PakJuanPay Wallet detailed above.
All PakJuanPay Wallets which have not been utilized by you for a period of not less than seven (7) years shall be deemed dormant, and all unclaimed PakJuanPay Credits therein shall be lodged with the Registrar of Unclaimed Moneys (Jabatan Akauntan Negara Malaysia) (the “Registrar”). You may recover these unclaimed PakJuanPay credits directly from the Registrar less any fees or charges that may be imposed, with no further recourse to the Company.
You will not receive interest or other earnings on your PakJuanPay Credits. The Company may receive interest on amounts that the Company holds on your behalf. You agree to assign your rights to the Company for any interest derived from your PakJuanPay Credits.
You may check your PakJuanPay Credits balance in the Application. The PakJuanPay Credits balance set out in the Application shall serve as a conclusive evidence of your PakJuanPay Credits balance.
As PakJuanPay Wallet purchases may involve credit card transactions through a financial institution, in the event of any error in such transaction which results in a reversal, fee, claim, penalty or chargeback from the financial institution, the Company reserves the right to clawback the amount (up to the disputed amount) from your PakJuanPay Credits or by any other way it deems fit in its sole discretion.
The Company has the right to forfeit your PakJuanPay Credits where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.