In these DuitNow QR Terms and Conditions (“Terms”), references to “you”, “your” and “yours” refers to the Merchant who is utilising the DuitNow QR Service and has an account with Boost and reference to “we”, “our”, “ours” and “us” refers to Boost.

These Terms shall be in addition to and shall be read together with the Boost Merchants Terms and Conditions.

Definitions

“Account” means an E-money account offered by issuers of e-money and all types of deposit accounts offered by banks, except for fixed deposit accounts. This shall include, but is not limited to, all types of conventional and/ or Islamic savings accounts, current accounts, investment accounts, virtual internet accounts and/or line of credit accounts tied to payment cards

“Business Day” means any calendar day from Monday to Friday, except a public holiday or bank holiday in Kuala Lumpur.

“Customer” means an individual who is a Boost user and has a DuitNow ID and makes DuitNow QR payments to the Merchant for purchase of the Merchant’s goods and/or services.

“Dynamic QR” means a QR Code that is generated after the merchant or recipient keys-in the amount of the payment or credit transfer.

“E-money” means a payment instrument that stores funds electronically in exchange for funds paid to the issuer of e-money and is able to be used a means of making payment to any person other than the issuer of e-money.

“Merchant” means a business registered with the Companies Commission of Malaysia, sole proprietors and partnerships, government agencies, statutory bodies, societies, and other similar entities and is a registered Boost merchant.

“DuitNow QR” means a service which facilitates industry wide ubiquitous payments or credit transfer by scanning the QR Code which complies with DuitNow National QR Standard.

“Paynet” means Payments Network Malaysia Sdn Bhd being the DuitNow QR operator.

“Recipient” means an individual who receives funds via the DuitNow QR service.

“Static QR” means a QR Code displayed which requires the individual to key-in the amount of the payment or credit transfer.

“QR Code” means a two-dimensional barcode that can be read using the camera of a smartphone or mobile device that is equipped with QR reader.

1. Introduction

1.1 These Terms apply to and regulate your use of the DuitNow QR service offered by us. The DuitNow QR service allows you to receive an amount into your designated Boost Account by your customer by scanning the QR Code generated by you.

1.2 The DuitNow QR service offered by us is part of the Electronic Banking/e-Money Services, and accordingly these Terms are in addition to and shall be read in conjunction with the Boost terms and conditions at https://www.myboost.com.my/terms-conditions-business/

2. DuitNow QR Service

2.1 If you wish to receive funds via DuitNow QR, you must first download and install the Boost mobile application on your mobile device (“Boost App”) and select an Account to be used by Boost for the receipt of funds for payments made via DuitNow QR. Boost App enables you to receive the fund made by the Customer by scanning a Static QR Code or a Dynamic QR Code displayed at the Merchant’s premise or on a mobile device.

2.2 You are responsible for ensuring that the transaction amount to be paid by the Customer is correct prior to confirming the transaction. The transaction amount keyed-in or displayed via the Merchant’s QR Code shall be deemed by Boost to be correct upon your confirmation of the transaction. Boost is under no obligation whatsoever to verify that the amount paid by the Customer matches with the amount to be paid to you.

2.3 We will notify you on the status of each successful, failed or rejected DuitNow QR transaction via any of our available communication channels chosen by you.

2.4 You acknowledge and agree the we shall have no duty to and shall not be required to take any steps to verify or seek any other confirmation from any party as to whether such you are the intended party to receive the funds, and we shall not be liable for transferring the funds to you even if you are not the intended party.

2.5 Pursuant to Clause 2.4 above, you agree that once a DuitNow QR transaction is confirmed, it will be deemed irrevocable and you will not be able to cancel, stop or perform any changes to that DuitNow QR transaction.

3. MERCHANT’S COVENANTS, REPRESENTATIONS AND WARRANTIES

3.1 Merchant hereby covenants, represents and warrants that:

(a) it shall comply with all applicable consumer, personal data protection and other laws and regulations with respect to:

(i) its use of DuitNow QR Service;

(ii) its dealings with the Customers; and

(iii) its processing, use and disclosure of the Customers’ data;

(b) it shall observe the guidelines, procedure or such other updates as provided by Boost and/or Paynet from time to time;

(c) it has the full right and/or authority to offer its products and/or services and shall at its own cost obtain and maintain the necessary licenses and approvals from the government or any regulatory body for the provision of such products and/or services;

(d) it shall ensure the safety and confidentiality of its login name and password and shall keep Boost and/or Paynet fully indemnified from all liability, losses, damages, cost and expense incurred by Boost arising out of or in connection with the misuse of the same. The Merchant shall immediately notify Boost upon learning of any unauthorized use of its login name and/or password;

(e) it shall install any updates, fixes and patches whenever they are made available or notified of its availability by Ecode;

(f) it shall be solely responsible for all Customer service issues relating to the transaction, products and services sold by the Merchant, including but not limited to order fulfilment, order returns, refunds, exchanges and adjustments, rebates, functionality and warranty, technical support, customer complaints and feedback concerning experiences with its personnel, policies or processes and the Merchant shall bear any and all expenses and/or costs relating thereto;

(g) it shall not conduct any unlawful or illegal transactions using DuitNow QR Services;

(h) it shall be solely responsible for the outlets and staffs’ Account and Boost shall not be responsible for any consequences arising from the abuse or misuse of the Dynamic QR; and

(i) it shall not use the DuitNow QR Service in any manner dishonestly or in bad faith or with malicious intent, in Boost’s opinion.

3.2 The Merchant shall not engage in any of the following behaviour:

(a) attempts to tamper, hack, reverse-engineer, modify or otherwise corrupt the security or functionality of DuitNow QR;

(b) using DuitNow QR and/or the Boost app for money laundering activities;

(c) using DuitNow QR for any unlawful, illegal and/or immoral activities and/or purposes, including but not limited to violation of the laws of Malaysia and/or Bank Negara Malaysia’s rules;

(d) request for account information from the Customer for any purpose other than as payment for its goods and/or services; and

(e) charging the Customer any additional fee or charges for using DuitNow QR other than goods and service tax imposed by law

4. Investigation & Recovery of Funds

4.1 You shall assist Boost in any investigation and recovery of mistaken payments, erroneous payments and unauthorised or fraudulent DuitNow QR transactions made to your Account.

4.2 In the event that Boost has reasonable suspicion that a DuitNow QR transaction was made for money laundering, terrorism financing, theft or fraud, , you hereby agree that you shall furnish all documentation and/or information to Boost to conduct the relevant investigations.

5. Erroneous/Mistaken DuitNow QR Transaction

5.1 If a Customer made an erroneous DuitNow QR transaction, such Customer may request for recovery of the funds within ten (10) Business Days from the date the Erroneous Transaction was made and we will work with you to return the said funds to the Customer within seven (7) Business Days provided the following conditions are met:

5.1.1 The funds were actually wrongly credited into the Merchant’s Account;

5.1.2 If funds have been wrongly credited, whether the balances in the affected Merchant is sufficient to cover the funds recovery amount;

5.1.2.1 If the balances are sufficient to cover the recovery amount, the erroneously credited funds may be recoverable; and

5.1.2.2 If the balances are not sufficient to cover the recovery amount, will be invoiced by Boost to the Merchant, and is to be settled by the Merchant within fourteen (14) days from the date of invoice issued.

5.2 Request for recovery of funds between eleven (11) Business Days and seven (7) months from the date the Erroneous Transaction was made:

5.2.1 Boost is fully satisfied that funds were erroneously credited to the affected Merchant;

5.2.2 Deliver notifications to the Merchant in writing regarding the funds recovery requests whereby the erroneously credited funds would be recovered through debiting the Merchant Account within ten (10) Business Days of the notifications unless the Merchant provides reasonable evidences that the Merchant is entitled to the funds in question. After fifteen (15) Business Days, if the Merchant fails to establish their entitlement to the funds, Boost shall debit the Merchant and remit the funds back to the Customer.

5.3 Requests to recover funds after (7) months from the date of the Erroneous Transaction:

5.3.1 Boost is fully satisfied that funds were erroneously credited to the Merchant;

5.3.2 Boost shall obtain from the Merchant the decision whether to grant consent within ten (10) Business Days; and

5.3.3 Once consent is obtained, Boost shall debit the Merchant’s Account and remit the funds back to the Customer within one (1) Business Day.

5.3.4 Boost shall invoice the Merchant if the balance in the Merchant’s Account is insufficient to facilitate the full recovery of the erroneously credited funds by Boost.

6. Unauthorised or Fraudulent DuitNow QR Transaction

6.1 For DuitNow QR transactions which were not authorised by the Customer or which are fraudulent, we will, upon receiving a report from the Customer alleging that an unauthorised or fraudulent DuitNow QR transaction was made, notify the Merchant of the same and remit the funds back to the Customer provided the following conditions are met:

6.1.1 We shall conduct an investigation and determine within fourteen (14) Calendar Days, if the unauthorised or fraudulent payment did occur;

6.1.2 If we are satisfied that the unauthorised or fraudulent payment Instruction did indeed occur and was not caused by the Customer, we shall initiate a reversal process whereby all debit posted to the Customer’s account arising from the unauthorised or fraudulent Payment Instruction would be reversed.

33.2 You shall immediately report to Boost upon the discovery of any fraudulent transactions and make a police report, if necessary.

7. Liability and Indemnity

7.1 You acknowledge and agree that, unless expressly prohibited by mandatory laws, we and the Paynet shall not be liable to you or any third party for any direct, indirect or consequential losses, liabilities, costs, damages, claims, actions or proceedings of any kind whatsoever in respect to any matter of whatsoever nature in connection with the DuitNow QR service offered by us arising from:

7.1.1 Your negligence, misconduct or breach of any of these Terms;

7.1.2 The delay or disruption caused by any system failure beyond Boost’s reasonable control.

7.1.3 The suspension, termination or discontinuance of the DuitNow QR Service.

7.2 You shall indemnify Us, Our affiliates, and the Paynet harmless from and against any loss or damage suffered due to any claim, demand, or action brought against Us, Our affiliates, and the DuitNow Operator resulting from any negligent and/ or fraudulent act to the DuitNow Terms and Conditions by You.

8. Service Availability

8.1 DuitNow QR services is intended to be available 24 hours a day, 7 days a week. However, the Merchant acknowledges that there may be:

a) Daily downtime where Boost carries out maintenance over its systems and equipment; and/or

b) Occasional downtime due to any other unforeseen interruption beyond Boost’s control.

8.2 Boost shall not be liable for the occurrence of any such downtime and/or interruption. Nevertheless, Boost will use reasonable efforts to inform the Merchant of any interruption.

8.3 Further, where a transaction involves access or use of third party systems and services, the Merchant acknowledge that the operating hours will depend on the availability of those systems.

9. Suspension and/or Termination

9.1 Boost and/or Paynet shall be entitled, without any liability to the Merchant, to immediately suspend DuitNow QR by written notice to the Merchant if, in the sole and absolute opinion of Boost and/or Paynet that:

(a) the Merchant has breached these Terms; and

(b) The Merchant is suspected on reasonable grounds that it has committed or will commit fraudulent act in connection with DuitNow QR.

10. Termination

10.1 Boost and/or Paynet shall be entitled, without any liability to the Merchant, to immediately terminate DuitNow QR, including but not limited to, in the event:

a) The Merchant breaches these Terms, applicable rules, guidelines, regulations, circulars or laws related to DuitNow QR that was communicated to the Merchant by Boost;

b) The Merchant fails to remedy or take adequate steps to remedy its default under these Terms to the satisfaction of Boost or the Paynet, as the case maybe, within the timeframe specified by Boost;

c) For any reason as deemed necessary.

11. General

11.1 We reserve the right to change, restrict, vary, suspend or modify these Terms by providing you with at least twenty-one (21) calendar days written notice prior to the date of such changes, amendments, variation, suspension or modification being effected via Boost’s website @ www.myboost.com.my. If you continue to access or use the DuitNow QR service after such notification, you shall be deemed to have agreed to and accepted such revisions to such charges.

11.2 You consent to the collection, use and disclosure of your personal data (including contact details) by us, our affiliates, our service providers and the Paynet as required for the purposes of the DuitNow QR Service.

11.3 These Terms are governed by and shall be construed in accordance with the laws of Malaysia.