12.1 Merchant hereby covenants, represents and warrants that:

1. (a) it has the full authority and power to enter into, execute and deliver this Agreement and to carry out and perform the services contemplated under this Agreement;
2. (b) the execution by Merchant of this Agreement constitutes legal, valid and binding obligations on the Merchant;
3. (c) the execution, delivery and performance of this Agreement will not violate any order, judgment or decree against or binding upon Merchant;
4. (d) it shall comply with all applicable consumer, personal data protection and other laws and regulations with respect to:
   1. (i) its use of Boost Service;
   2. (ii) its dealings with the Customers; and
   3. (iii) its processing, use and disclosure of the Customers’ data;
5. (e) it shall ensure the safety and confidentiality of its login name and password and shall keep Ecode fully indemnified from all liability, losses, damages, cost and expense incurred by Ecode arising out of or in connection with the misuse of the same. The Merchant shall immediately notify Ecode upon learning of any unauthorized use of its login name and/or password;
6. (f) it shall observes the guidelines, procedure or such other updates as provided by Ecode from time to time during the term of this Agreement;
7. (g) it shall install any updates, fixes and patches whenever they are made available or notified of its availability by Ecode;
8. (h) it has the full right and/or authority to offer the applicable 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 and performance of its obligations under this Agreement;
9. (i) it shall at all times, display the logo and other such trademarks of Ecode that may be mutually agreed at the retail outlet or trading platform of the Merchant;
10. (j) it shall provide Ecode the information as required by Ecode at the time it desires to become the Merchant of Ecode;
11. (k) the products and services as detailed as Prohibited items in Appendix B and such other prohibited it;
12. (l) 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 Customer Charge, 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;
13. (m) it shall not conduct any unlawful or illegal transactions using Boost Services;
14. (n) it shall immediately report to Ecode upon the discovery of any fraud, theft, loss, unauthorized usage or any other occurrence of unlawful or illegal acts in relation Boost Service, Boost Business App/ Boost Customer App and/or their respective use. The Merchant agrees to lodge a police report whenever instructed by Ecode and to give Ecode a certified copy of such report;
15. (o) it shall cooperate with Ecode and provide all Transaction related details required by any government or regulatory body; (p) other than the equipment and terminals provided by Ecode, it shall be responsible for all other equipment (including upgrades and modifications required) necessary to use the Boost Service and Boost Business Apps and to carry out the Transactions, and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Boost Service and/or Boost Business Apps;
16. (p) other than the equipment and terminals provided by Ecode, it shall be responsible for all other equipment (including upgrades and modifications required) necessary to use the Boost Service and Boost Business Apps and to carry out the Transactions, and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Boost Service and/or Boost Business Apps;
17. (q) it shall not:
    1. (i) discriminate the Boost Business App against other modes of payment;
    2. (ii) discriminate Customers seeking to make payment using the Boost Customer Apps against Customers using other modes of payment; and
    3. (iii) impose any restrictions and/or conditions on the use of Boost Customer/ Business App as a mode of payment other than that approved or prescribed by Ecode;
18. (r) it shall not charge the Customer any additional fee or charges in addition to the Customer Charges other than goods and service tax imposed by law;
19. (s) it shall keep proper account and correct copies of all documents/records relating to the Transactions and Ecode shall be allowed at any reasonable time to inspect or take copies of all such documents and shall preserve such documents and records for a period of at least two years from the transaction date;
20. (t) it shall not use the Boost Service and/or Boost Business App in any manner and/or engage in any activities which is prejudicial to Ecode and/or in any manner which would bring disrepute to Ecode, all of which shall be determined based on Ecode’s opinion;
21. (u) it shall ensure that the account registered by the Merchant on Boost Business App remains personal to itself and it shall not register an account on behalf of any third party or in anyway transfer/assign the account to any third party without Ecode’s prior written consent;
22. (v) it shall be solely responsible for the outlets and staffs’ Boost Business App account management and Ecode shall not be responsible for any consequences arising from the abuse or misuse of the QR codes; and
23. (w) it shall not use the Boost Services and/or Boost Business App in any manner dishonestly or in bad faith or with malicious intent, in Ecode’s opinion.

12.2 Pursuant to the Credit Reporting Agencies Act 2010 (“CRA Act”), Central Bank of Malaysia Act 2009 and all other relevant laws and regulations, you hereby give your consent to us or any other third party appointed by us or CTOS Data Systems Sdn Bhd (“CTOS”) or RAM Credit Information Sdn Bhd (“RAMCI”) or other registered credit reporting agencies under the CRA Act (“We/Us”) to process your information and your shareholders, officers’ and employees’ personal data (“Data”). By giving this consent:-

1. (a)You understand and agree that We may conduct background/business/credit/trade check, CCRIS and DCHEQS checks on you/ your shareholder/ your officers/employees at any time for as long as we have a business/trade relationship with you, for any one or more of the following purposes:
   • Pre-screening a prospective client/customer /supplier / contract
   • Opening of account
   • Credit / Account monitoring
   • Debt recovery Credit / Account evaluation
   • Credit / Account review
   • Legal documentation consequent to a contract or facility granted
2. (b) You also hereby give your consent to CTOS, RAMCI and all other credit reference agencies which are registered under the CRA Act, to release your credit report/credit information to us (including our agents or our affiliated companies) for the abovementioned purposes.
3. (c) Apart from the above, you also give your consent to Us to process the Data as per the PDPA Act.