3.1 Provisions of Boost Services
(a) In consideration of the mutual promises and undertakings, Ecode agrees to provide Boost Services to the Merchant in accordance with this Agreement from the Commencement Date on an as is basis.

(b) Upon the creation of a Merchant’s Boost wallet by the Merchant, Ecode shall make available to the Merchant the Boost Business App and a login name and password will be generated, in order to enable the Merchant to: accept payments for the Products and/or Services sold and/or provided by the Merchant by using the Boost Services.

(c) Ecode may provide on loan and install the necessary equipment and devices (such as a terminal or smartphone) to enable the Merchant to carry out the Transactions. The ownership and title to the said equipment and devices shall at all times remain with Ecode/ Ecode’s vendor. The Merchant shall only use the equipment and devices for the purposes of carrying out the Transaction and for no other purposes. If the equipment and devices are provided, the Merchant shall: –
(i) ensure that Ecode (or its representatives/ agents) has reasonable access to any of the equipment and devices, including but not limited to the right of Ecode (or its representatives/ agents) to enter into any of the premises of the Merchant where the equipment and devices are placed to provide installation, maintenance service, repairs, upgrades and/or where necessary, remove and replace the equipment and devices;
(ii) ensure the physical security of the equipment and devices loaned to the Merchant;
(iii) report any damage, lost and/or theft of equipment and devices to Ecode and in case of lost or theft of any of the equipment and devices, the Merchant shall co-operate and assist in making a report with the police and shall repay/compensate Ecode for such damage, lost or theft based on the market rate when such equipment or device is provided to the Merchant or at a price that is acceptable to Ecode;
(iv) ensure compliance with all relevant laws set by the government and/or local authorities with respect of the use of the equipment and devices;
(v) provide electricity and/or power connections for equipment and devices to operate;
(vi) not give away, loan, sell, pledge, mortgage and/or in anyway dispose the equipment and devices;
(vii) not affix, paint or otherwise exhibit on the exterior of the equipment and devices or any part thereof, any stickers, name plates, marks, signboards, placard, posters and/or advertisement or anything whatsoever without the prior written consent of Ecode;
(viii) not tamper, modify and/or alter the equipment and devices (including the software and firmware therein) without the prior written consent of Ecode; and
(ix) not do or permit or suffer to be done anything to the equipment and devices which would invalidate the policy of any insurance on the equipment and devices or increase the premium for such insurance beyond the existing risk.

In this respect, the Merchant shall fully indemnify Ecode against all liabilities, losses, damages, costs and/or expenses suffered or incurred by Ecode arising from or in connection with the Merchant’s failure to comply with any of the obligations set out in this Clause 3.1(c).

3.2 Payment Through Boost
Merchant acknowledges that Ecode acts as an intermediary and enables the Customers to make payment, by using the Customers’ Boost wallet. Customer Charges to be charged by Merchant shall be inclusive of all taxes and miscellaneous charges and shall be uniform to all Customers. All Transaction shall be drawn in Ringgit Malaysia only.

3.3 Maintenance
Ecode may undertake scheduled maintenance and/or emergency maintenance of the Boost Business App from time to time and Ecode will use reasonable endeavour to notify the Merchant of the same. Ecode shall not be liable for any losses incurred by the Merchant arising from Ecode’s performance of maintenance under this Clause 3.3.

3.4 No Warranties of Merchantability and Fitness of Use
Ecode disclaims all warranties, express or implied, written or oral, including but not limited to warranties:-
(a) of merchantability and/or fitness for a particular purpose; and
(b) that Boost Service and Boost Business App will be available at all times and that it would be uninterrupted and virus/malware/error free.