means this Merchant Terms and Conditions including any annexures thereof, the Privacy Notice and the Boost Merchant Application Form submitted by you/on your behalf;

means any bank charges charged by the bank for the remittance of Settlement to the Merchant by Ecode;

means the software application named as “Boost Business” or such other name as may be determined by Ecode from time to time which is downloaded by the Merchant;

means the software application named as “Boost” or such other name as may be determined by Ecode from time to time which is downloaded by the Customer;

means: (a) the Setup Fees (if any); and (b) the Transaction Fee;

means the e-wallet payment solution and/or platform provided to the Merchant, which is developed and deployed by Ecode for the purposes of enabling payment transactions by the Customers to the Merchant. Boost Services shall include, but not limiting to, the collection of Customer Charges from the Customers and the remittance of Settlement to the Merchant;

means a day (excluding Saturdays, Sundays and public holidays) on which banks in Kuala Lumpur and/or Selangor are open for general banking business;

means campaigns/ activities/ initiatives which may be initiated by Ecode from time to time which are to be taken part by the Merchants;

means the commencement date of Boost Services as Ecode may notify you via electronic mail or any other methods as determined by Ecode from time to time;

means any documents, knowledge, data, or information of whatsoever nature disclosed to or acquired by the Merchant directly or indirectly from Ecode in connection with the Agreement, or otherwise including, but not limited to the following:

1. (a) financial information;
2. (b) technical information, including but not limited to research, development, procedures, data, designs, and technical know-how;
3. (c) business information, including but not limited to operations, planning, marketing interests, and services disclosed by Ecode to the government or regulatory body;
4. (d) personal information/data of any Customers, and Ecode’s staff; and
5. (e) all confidential or proprietary concepts, documentation, reports, lists, files, data, specifications, software, source code, object code, flow charts, databases, data files, inventions, information, know-how and trade secrets, whether or not patentable or copyrightable;

means, where relevant, any disputed transactions between Boost and Merchant arising from the Campaigns, which may be charged ultimately to the Merchants by way of Deduction;

means any person holding a valid Boost wallet and purchases Services or Products from the Merchant and makes payment for the same using his Boost wallet;

means the sale price of the Product and/or Service purchased or availed by the Customer plus all other taxes, duties, costs, charges and expenses in respect of the Product and/or Service that are to be charged to the Customer’s Boost wallet;

means:

1. (a) Boost Service Charges;
2. (b) Refunds;
3. (c) Charge Back (if applicable), and any fines or fees passed on to Ecode by the financial institution in respect of the Transactions;
4. (d) any amounts reasonably required to cover potential or expected Refunds or Charge Back (if applicable);
5. (e) Bank Charges (if any);
6. (f) Goods and Services tax or any other tax in similar nature (if applicable) and
7. (g) any other charges or amounts due to Ecode under this Agreement or otherwise;

means all of the following:

1. (a) trademarks (including trade dress), service marks, logos or trade names, whether registered or unregistered, together with the goodwill associated with any of the foregoing, and all registrations, renewals and applications for registration thereof;
2. (b) those rights existing under the copyright laws for those works subject to the copyright laws and copyright registrations and applications for registration thereof, including all renewals and extensions thereof;
3. (c) rights in trade secrets, confidential business information and other proprietary information (including concepts, ideas, designs, processes, procedures, techniques, technical information, specifications, operating and maintenance manuals, drawings, models, tools, algorithms, Software architectures, methods, know-how, technical data and databases, discoveries, inventions, research and development, formulas, modifications, extensions, improvements and other proprietary content);
4. (d) rights in computer software programs, including but not limited to application software, system software, firmware, middleware and mobile digital applications, including all source code, object code, and documentation related thereto, in any and all forms and media;
5. (e) rights in domain names, domain name registrations and web pages; and
6. (f) all other intellectual property rights in any and all jurisdictions throughout the world;

means the designated bank account of the Merchant as specified by the Merchant during its registration process with Ecode. For the avoidance of doubt, if the Merchant is a body corporate, the designated bank account shall be in the name of such entity. If the Merchant is an individual, the designated bank account shall be in the name of such individual. ;

means the binding application form filled up and submitted by the Merchant/Ecode on behalf of the Merchant, offline or online;

means personal data as defined in Personal Data Protection Act 2010;

means the privacy notice applicable to the Personal Information of Merchants and/or the personnels of the Merchants which can be found at  www.myboost.com.my/business/privacy-policy;

means a tangible or intangible commodity/product manufactured, marketed, distributed and/or sold by the Merchant, to the Customer(s), the payment for which is to be made through the Customer’s Boost wallet;

means a request made by a Customer to reverse a Transaction under Clause 6 hereof;

means the Customer Charge less the Deductions;

means any service that Merchant offers to provide and that is availed of by the Customer, the payment for which is to be made through the Customers’ Boost wallet;

means a one-off, non-recurring and non refundable fee payable by the Merchant to Ecode at the time of signing this Agreement or such other time prior to the commencement of the Boost Services in the amounts set forth in the Appendix of Merchant Application Form or otherwise agreed by the Parties;

means the term as stated in the Appendix of the Merchant Application Form as approved by us or otherwise agreed by the Parties;

means every demand of the Customer to the Merchant, which results in the supply of Product or provision of Service by Merchant to the Customer

means a fee payable by the Merchant to Ecode for each Transaction based on the formula set forth in the Appendix of Merchant Application Form or otherwise agreed by the Parties.