The Services are made available by Boost to you at its sole and absolute discretion and by using the Services upon Activation including but not limited to, performing any Transaction or purchasing any product and/or services on the App, you unconditionally: - (a)        acknowledge that you have read and fully understood these Terms and Conditions and agree to be bound by these Terms and Conditions and any other terms and conditions on https://www.myboost.com.my/terms/general/ (which may be updated from time to time), where applicable; (b)        consent to Boost using and processing your personal information and data in accordance with Boost’s Privacy Policy which can be found at www.myboost.com.my. Any person that you allow to access the Service using your Account shall also be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please do not continue with the registration process or Activation or the use of this Service(s).

1. Definitions

For the purpose of these Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein:

“Account”		means your or another user’s electronic wallet account (as the case may be) which is: (a)      (i)       in relation to Basic Wallet, linked to the telephone number of your or another user’s Mobile Device; (ii)      in relation to Premium Wallet or Premium 10K Wallet, linked to the telephone number of your or another user’s Mobile Device, and your or another user’s ID number; (b)       managed and supervised by Boost; and (c)       which records, amongst other things, the amount of Electronic Money which is available to you or another user for use;
“Activation” or “Activated”		means the point in time when your Account is activated for use;
“App”		means software application named as “Boost” or such other name as may be determined by Boost from time to time which is downloaded unto the Mobile Device;
“Authentication” or “Authenticated”		means a confirmation sent by you to Boost authorizing a particular transaction undertaken or transacted by you. Such authentication shall be in a manner stipulated or determined by Boost from time to time including but not limited to keying in your personal identification number;
“Available Balance”		means the funds in the form of Electronic Money which can be used at any given time subject to the Wallet Limit;
“Boost” or “we” or “us” or “our”		means AXIATA DIGITAL ECODE SDN BHD (Company No. 201701000820 (1214970-T));
“Cash-In”		means the deposit and/or topping up of the Electronic Money into your Account using such methods, including but not limited to online banking or credit / debit cards linked to your Account;
“Charges”		has the meaning prescribed to it in Clause 8 hereunder;
“Credential on File”		means a feature on the App which allows you to register and store your Account credentials and to authorise us to deduct specific amounts from your Account for transactions made with Participating Merchants which you have authorised under this feature without having to seek your additional authorisation;
“Electronic Money”		means money in digital form provided by Boost in exchange for monies paid to Boost and which may utilised by you via the App to make Payment, to do an Electronic Money Transfer and/or to undertake such other transactions which may be stipulated by Boost from time to time;
“Electronic Money Transfer”		means the service which enables you to transfer Electronic Money from your Account to another user’s Account or to receive Electronic Money into your Account from another user’s Account;
“FAQ”		means frequently asked questions as made available on www.myboost.com.my;
“Force Majeure”		means any cause which is not within the control of Boost including but not limited to act of God, flood, natural disaster, landslides, mudslides, soil erosions, storm, fire, earthquakes, war, riot, civil commotion, natural catastrophe, industrial disputes of any kind, act of government, government restraint, expropriation, change of law, strike, lockouts, blockade, outbreaks and pandemics and the interruption or failure of utility service including but not limited to electric, power, gas, water or telecommunication services;
“Intellectual Property Rights”		means rights in, and in relation to, any patents, registered designs, design rights, trademarks, trade and business names (including all goodwill associated with any trademark or trade business names), copyright and related rights, moral rights, databases, domain names, semi-conductor and other topography rights and utility models, and including the benefit of all registrations of, applications to register and the right to apply for registration of any of the foregoing items and all rights in the nature of any of the foregoing items, each for their full term (including any extensions or renewals thereof);
“Mobile Device”		means a portable and wireless telecommunications device together with accessories including but not limited to smartphones and handheld tablets used by you to access and/or use the Service;
“Monthly Transaction Limit”		means the limit imposed on relevant Transaction in any one (1) month;
“Participating Merchant”		means merchants designated by Boost to sell goods and/or provide services in exchange for Electronic Money by means of the App;
“Payment”		means any payment to Boost and/or Participating Merchants for the purchase of goods and services using Electronic Money by means of the App;
“Refund Policy”		means the refund policy as set out in Clause 14 hereof or may be determined from time to time by Boost with respect to the Services. For clarity, refund is not available with respect to Cash-In;
“Service(s)”		means a stored value service provided by Boost via the App which enables you to perform the transactions set out in Clause 2.6;
“Terms and Conditions” or “Agreement”		means these terms and conditions for the Service as may be varied or modified from time to time at Boost’s sole discretion;
“Transaction”		means the transaction performed by you via the Service including: - (a)       Payment; (b)       Cash-In; (c)       Electronic Wallet Transfer; and/ or (d)       any other service as may be introduced by Boost from time to time;
“Wallet Limit”		means the maximum amount of funds that can be stored in your Account at any point in time depending on the type of your Account as approved by Bank Negara Malaysia (Basic Wallet: RM 1,000.00, Premium Wallet: RM 4,999.00 and Premium 10K Wallet: RM 10,000.00). We reserve the right to revise the Wallet Limit in accordance with any instructions/ regulations/ rules prescribed by Bank Negara Malaysia;
“You”, “Your”, “you” or “your”		means the person who uses and/or accesses the Services;
“KYC”		Know Your Customer process as determined by us from time to time;
“Password and PIN” or “Password” or “PIN”		means the password used to log into the App and/or the PIN used to authorise every payment from your Account.

 

2. Use of Service

2.1       In order to use the Services, you are required to create an account on the App by clicking on the “Register” link and following the on-screen prompts, and provide the requested information including but not limited to your name as per identity card, preferred name, password, your mobile phone number or other similar identification properties. Further information on creation of account on the App may be obtained from the FAQ page. 2.2       (a)        By registering for a Boost Account, you warrant and represent that:

• you are eighteen (18) years of age or above. If you are eighteen (18) years of age or above and a parent or a legal guardian, your child of below eighteen (18) years (“Minor”) may register for a Boost account and use the Services, with your consent. Notwithstanding the foregoing, you shall be wholly responsible for the Minor’s use of the Boost App and/or the Services;
• if you are below eighteen (18) years (“Minor”), you must have obtained consent from your parent or a legal guardian prior to registration. Notwithstanding the foregoing, your parent or legal guardian shall be wholly responsible for the Minor’s use of the Boost App and/or the Service.

(b)        If you are a parent/legal guardian and would like to remove access to the Services of a user who is a Minor, please email userconsent@myboost.com.my and provide Boost with the relevant details. 2.3       The provision of the Services and the Activation of your Account is at Boost’s sole and absolute discretion. 2.4       You may only use the Services once your Account has been Activated. Once your Account has been Activated, your use of the App and the Service shall be strictly in accordance with these Terms and Conditions. 2.5       The App and the Services is only available on a Mobile Device and is strictly for your own personal use only as a subscriber of the Service. Any instructions, confirmation and/or communication sent from your Mobile Device shall be deemed to have been sent and/or issued by you irrespective of whether such instructions, confirmations and/or communications were actually sent by you or not. You shall be personally liable and responsible for the use of your Account including but not limited to all transactions undertaken and/or transacted using the Account once the said transaction has been Authenticated irrespective of whether the transactions is undertaken and/or transacted by you unless it can be established that such transactions was erroneously transacted due to an error on Boost’s part. 2.6       The Services made available to you via the App may perform the following transactions (the “Transactions”): (a)        Payment; (b)        Cash-In; (c)        Electronic Money Transfer; and/ or (d)        any other service as may be introduced by us from time to time. All the aforementioned transactions by you shall only be undertaken and/or transacted with Electronic Money save and except for Cash In. 2.7       Boost may engage with third party service providers to enable Cash-In transactions. Pursuant thereto, Boost reserves the right to reject your request for Cash-In transactions using your stored debit / credit cards for any reason whatsoever, including but not limited to security reasons or as advised by such third party service providers. 2.8       The Services may also allow you to purchase products and/or services from third parties including the Participating Merchants. Any transaction entered into between you and such third parties for third party product and/or services shall also be subject to any terms and conditions which may be stipulated by such third parties. Any such transactions are entered into at your own risk and you acknowledge and agree that Boost shall not take any responsibility and/or liability for the products and/or services offered by the third parties to you including but not limited to the delivery, quality (including any defects or deficiency in the products and/or services), safety or the fitness for purpose of the products and/or services purchased by you from such third parties. Boost shall not be responsible for the refusal of any such third party to honor or accept your purchases or payment made through the use of the Service. You further acknowledge and agree that you shall not initiate any legal proceedings against us for any claim you may have against such third parties. 2.9       In using the App and the Services:

• upon linking a credit/debit card to your Boost account, you shall be solely responsible for all cash-in that may occur;
• in the event of claims, chargebacks, or a reversal of payment for transactions made via Boost, including credit card transactions made through a financial institution, Boost reserves the right to (i) determine the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to Boost; or (ii) clawback the amount from your Account or by any other way it deems fit in its sole discretion;
• for claims, chargebacks or a reversal of payment for credit card transactions made through a debit/credit card issuer, you shall be responsible to resolve any disputes with the debit/credit card issuer on your own;
• you authorise the deduction of Electronic Money and/or funds from your Account and the deposit of Electronic Money and/or funds into your Account to carry out the relevant transactions;

(e)        your use of the Service is subject to the Wallet Limit and the Monthly Transaction Limit applicable to our Account. This qualification includes but is not limited to you being restricted and/or prohibited from performing a Cash-In transaction or receiving a Electronic Money Transfer whereby the total amount in your Account will exceed your Wallet Limit; and (f)         you are to ensure that there is sufficient Available Balance in your Account before using the Service to cover the total cost of the transaction (including any taxes and other applicable fees or charges) failing which Boost reserves the right to block, reject or decline the transaction to be transacted through your Account; 2.10      Payments to selected Participating Merchants must be made using pre-loaded funds that originate from savings account or debit card only. Such Participating Merchants shall be as determined by Boost from time to time. 2.11      Boost does not make any warranty, representation and/or undertaking (expressly, impliedly or otherwise) that the App and any subsequent revisions, modifications, updates, upgrades or versions is and would be compatible with your Mobile Device. It is your responsibility to ensure that the App is and will be compatible with your Mobile Device at all times and you acknowledge and agree that Boost shall not be liable in any manner whatsoever for any liability, loss, damages, cost and expense suffered and/or incurred by you due to the App being incompatible with your Mobile Device. 2.12      You shall, at all times be solely responsible to keep confidential and safeguard your account details including your username and transaction PIN number. You shall not disclose your username and transaction PIN number to any person. If you key in the wrong PIN number more than three (3) times, your Account will be blocked and Boost will suspend any Transactions made. Please contact us at support@myboost.com.my to reactivate your Account. You shall be solely responsible and liable for any use and misuse of your Account and transaction PIN number and all activities that occur under your Account. 2.13      The record of all Transactions authenticated through the transaction PIN number and Mobile Device number registered for the Account shall be binding and conclusive evidence of your Transactions. Any information, instructions and/or confirmation sent from the Mobile Device via the Account shall be deemed to have been issued by you notwithstanding that such information, instructions and/or confirmation may have been issued by a third party, whether authorised or otherwise, Boost shall deem that the Services has been accessed legitimately and the Transactions conducted shall be valid. Boost shall not entertain any request to reverse any wrongful Transactions authenticated through the Transaction PIN number and Mobile Device / mobile number registered for the Account. 2.14      Notwithstanding anything to the contrary, we reserve the right to block or decline any transaction at our sole and absolute discretion without assigning any reason thereto. 2.15      You may opt out from the Service at any time by deleting your Account on the App. 2.16      You acknowledge that Boost offers product powered by the Participating Merchants as part of our Services. 2.17      You agree to indemnify Boost from any expenses, liability, loss, damages and actions whatsoever arising from your purchase and use of products that are powered by the Participating Merchants from Boost.

3. Wallet Type, Wallet Limit and Functionality

Basic Wallet 3.1       Wallet Limit is Ringgit Malaysia One Thousand (RM1,000.00). 3.2       Monthly Transaction Limit for Payment is Ringgit Malaysia Two Thousand (RM2,000.00). 3.3       A Basic Wallet user can perform the following Transactions: (a)        Cash-In (subject to the Wallet Limit); and (b)        Payment (subject to the Monthly Transaction Limit of Ringgit Malaysia Two Thousand (RM2,000.00). For clarity, a Basic Wallet user cannot perform Electronic Money Transfer. 3.4       This Basic Wallet has a Cash-In feature, which allows you to reload or make a top-up, subject to the Wallet Limit and the Monthly Transaction Limit. However, reload or top-up using credit card for Basic Wallet is limited to a maximum of Ringgit Malaysia One Thousand (RM1,000.00) only per month. 3.5       To subscribe for the Basic Wallet, you must submit your basic information such as mobile number, sufficiency of such information for any approval for the Basic Wallet shall be determined by us. We reserve all rights to refuse, reject and/or decline your application at our sole and absolute discretion without assigning any reasons whatsoever, and our decision shall be final and conclusive. Premium Wallet 3.6       Wallet Limit is Ringgit Malaysia Four Thousand Nine Hundred and Ninety-Nine (RM4,999.00). 3.7       Monthly Transaction Limit is Ringgit Malaysia Four Thousand Nine Hundred and Ninety-Nine (RM4,999.00). 3.8       Subject to all relevant KYC and screening process, a Premium Wallet user can perform the following Transactions: (a)        Cash-In (subject to the Wallet Limit); and (b)        Electronic Money Transfer and Payment (subject to the combined Monthly Transaction Limit of Ringgit Malaysia Four Thousand Nine Hundred and Ninety-Nine (RM4,999.00)). 3.9       The imposition of the Wallet Limit, and Monthly Transaction Limit is to avoid any fraudulent, illegal or unlawful transactions including but not limited to breaches of regulation and guidelines under the Financial Services Act 2013 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001. 3.10      This Premium Wallet has a Cash-In feature, which allows you to reload or make a top-up, subject to the Wallet Limit and the Monthly Transaction Limit. However, reload or top-up using credit card for Premium Wallet is limited to a maximum of Ringgit Malaysia Four Thousand Nine Hundred and Ninety-Nine (RM4,999.00) only per month. 3.11      To subscribe for the Premium Wallet, you must submit your mobile number, name as per ID, preferred name, email address, ID number or if necessary, ID documentation (only MyKad, MyPR or a valid passport is accepted), residential and mailing addresses, date of birth, nationality, occupation details, name of employer, annual income, purpose of transaction, source of funds and will be subjected to a KYC process to ensure compliance with all relevant legislation and regulations. You may also be required to Cash-In an amount as part of the criteria to subscribe for the Premium Wallet (as the case may be). Boost may request additional document or information in the future. We reserve all rights to refuse, reject and/or decline your application at our sole and absolute discretion without assigning any reasons whatsoever, and our decision shall be final and conclusive. 3.11A   Once your subscription is approved, Boost will automatically upgrade the Basic account to Premium Wallet. 3.12      You may only have one (1) Premium Wallet per ID. Premium Wallet will be discontinued three (3) months after the Premium 10K Wallet is introduced or such other period as may be determined by Boost (“Prescribed Date”). If you have Premium Wallet on/ after the Prescribed Date, your Premium Wallet may be automatically upgraded to Premium 10K Wallet subject to terms and conditions, if any. You may contact Boost for further details, if any. Premium 10K Wallet 3.13     Wallet Limit is Ringgit Malaysia Ten Thousand (RM10,000.00). 3.14     Monthly Transaction Limit is Ringgit Malaysia Nine Thousand Nine Hundred and Ninety-Nine (RM9,999.00). 3.15     Subject to all relevant KYC and screening process, a Premium 10K Wallet user can perform the following Transactions: (a)        Cash-In (subject to the Wallet Limit); and (b)        Electronic Money Transfer and Payment (subject to the combined Monthly Transaction Limit of Ringgit Malaysia Nine Thousand Nine Hundred and Ninety-Nine (RM9,999.00)). 3.16     The imposition of the Wallet Limit, and Monthly Transaction Limit is to avoid any fraudulent, illegal or unlawful transactions including but not limited to breaches of regulation and guidelines under the Financial Services Act 2013 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001. 3.17     This Premium 10K Wallet has a Cash-In feature, which allows you to reload or make a top-up, subject to the Wallet Limit and the Monthly Transaction Limit. However, reload or top-up using credit card for Premium 10K Wallet is limited to a maximum of Ringgit Malaysia Ten Thousand (RM10,000.00) only per month. 3.18     To subscribe for the Premium 10K Wallet, you must submit your mobile number, name as per ID, preferred name, email address, ID number or if necessary, ID documentation (only MyKad, MyPR or a valid passport is accepted), residential and mailing addresses, date of birth, nationality, occupation details, name of employer, annual income, purpose of transaction, source of funds and will be subjected to a KYC process to ensure compliance with all relevant legislation and regulations. You may also be required to Cash-In an amount as part of the criteria to subscribe for the Premium 10K Wallet (as the case may be). Boost may request additional document or information in the future. We reserve all rights to refuse, reject and/or decline your application at our sole and absolute discretion without assigning any reasons whatsoever, and our decision shall be final and conclusive. 3.19     Once your subscription is approved, Boost will automatically upgrade the Basic/Premium account to Premium 10K Wallet. 3.20     You may only have one (1) Premium Wallet or Premium 10K Wallet per ID. Premium Wallet will be discontinued effective the Prescribed Date. If you have Premium Wallet on/ after the Prescribed Date, your Premium Wallet may be automatically upgraded to Premium 10K Wallet subject to terms and conditions, if any. You may contact Boost for further details, if any. Credential on File Feature 3.21      By registering and linking the Credential on File to your Account, you hereby authorise us to perform the following:

• to automatically debit your Account upon receipt of instructions from the relevant Participating Merchants for Payments set out in your Credential on File; and
• to disclose the relevant information required by the Participating Merchant to facilitate the Credential on File process which may include your personal data and/or information.

3.22      You shall ensure that you have sufficient Available Balance in your Account to facilitate the Credential on File feature. If the Available Balance is insufficient, we may reject the payment and you shall be solely responsible to make payment to the relevant Participating Merchant. In this respect, you hereby authorise us to release the grounds of rejection of any payment to the Participating Merchant. 3.23      You hereby agree to indemnify us and keep us indemnified against any claims, losses, damages, costs and expenses that we may incur arising from your authorisation and request to us to debit your Account or any error in such authorisation due to any reason whatsoever, unless it is due to our gross negligence or wilful default. 3.24      We shall not be liable due to any error, neglect, refusal or omission to make, or delay in making, any and all payments to the Participating Merchant. 3.25      We reserve the right at our absolute discretion to approve or reject a Payment using the Credential on File feature for any reason whatsoever. 3.26      We reserve the right to terminate the Credential on File feature without assigning any reason whatsoever. In the event of termination of the Credential on File feature:

• we shall be under no obligation to deduct your Account for payment to any Participating Merchant under the Credential on File feature; and
• we shall not be liable for any losses or damages that you may suffer.

3.27      You may terminate the Credential on File feature at any time by disconnecting the Credential on File Service from your Account. 3.28      Upon termination of the Credential on File feature pursuant to Clauses 3.26 and 3.27:

• we shall cease performing the actions in Clause 3.21 above; and.
• you shall be liable to settle all sums due to the Participating Merchant directly, and we shall not be liable for any claims, demands and losses caused by such termination.

3.29      We shall only attend to queries relating to the Credential on File feature. You shall be responsible to refer any other queries to the Participating Merchant, including but not limited to queries relating to transaction disputes.

4. Your Responsibility

4.1       You shall:

• keep your personal information, Password and PIN for your Account confidential at all times and shall take all steps to prevent the disclosure of your Password and PIN;
• ensure that all information and data provided to Boost including personal data are true, accurate, updated and complete at the time of provision and shall promptly update such information and data if there are any changes to the same. Boost shall not be responsible and liable whatsoever and howsoever to you due to any inaccurate or incomplete information and data provided to Boost;
• comply with all notice or instructions given by Boost from time to time in relation to the use of the Service and App;
• be responsible for all equipment necessary to use the Service and App, and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service and App;
• be responsible and liable for all usage of and all payment of the fees, charges, taxes and duties for using the Services including but not limited to payment of all fee, charges, taxes and duties for the purchase of products and/or services to Boost and third parties including Participating Merchants in a timely manner;
• be fully responsible for any and all data, information, instructions and/or confirmation transmitted or broadcasted from your Mobile Device whether by you or any other person whether authorised or otherwise. Boost shall deem that the Services have been accessed legitimately and any Transaction made as a result of transmission of such data, information, instructions and/or confirmation are valid;
• comply with all applicable laws of Malaysia relating to the Service, including without limitation to the Capital Markets and Services Act 2007, Communication and Multimedia Act 1998, Financial Services Act 2012, Anti Money Laundering Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and their respective subsidiary legislation, which may be amended from time to time;
• take all reasonable steps to prevent fraudulent, improper or illegal use of the Service;
• cease to utilise the Service or any part thereof for such period as may be required by Boost;
• report immediately to Boost upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to the Mobile Device and its use. You agree to lodge a police report whenever instructed by Boost and to give Boost a certified copy of such report;
• access the App and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services or the App (including participate in any campaigns/ promotional activities initiated by us) in good faith;

(l)         download and install the Boost app from the Google Playstore and/or Apple iOS store from the official Boost account. Any downloads & installation outside of this will be deemed unlawful and any actions thereafter by the user will not be liable by Boost; and (m)       fully indemnify and shall keep Boost fully indemnified against any loss, damage, liability, cost or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorised use or exploitation of the Services or part thereof. 4.2       You shall not:

• use the Service and/or the App to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person;
• use the Service and/or the App dishonestly, fraudulently or illegally;
• use the Service and/or the App to cause excessive or disproportionate load on the Service or Boost’s system;
• use the Service and/or the App for any unlawful purposes including but not limited to vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person any message which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character;
• use the Service and/or the App for any purpose which is against public interest, public order or national harmony;
• use, permit or cause to be used the Service and/or App improperly or for any activities which breach any laws, infringe a third party’s rights, or breach any directives, content requirements or codes promulgated by any relevant authority including activities which will require Boost to take remedial action under any applicable industry code or in a way interferes with other users or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying the Service or the internet;
• circumvent user authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with service to any user, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Boost’s legitimate web pages (referred to as “page-jacking”), or use the App or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability, and Boost will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
• attempt to probe, scan or test the vulnerability of any of Boost system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of the service providers or any other third party (including other users) appointed by us to protect our ability to provide the Service;
• attempt to download the App for the use of the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other approved third party web browsers;
• copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer and/or otherwise make available any of the Services or any information obtained by you while using the Services or while accessing the App;
• remove, change and/or obscure in any way anything on the App and/or the Services or otherwise use any material obtained whilst using the App and/or the Services except as set out in the Terms and Conditions;
• copy or use any material from the App and/or the Services for any commercial purpose, remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material, or from any material copied or printed off from the App, or obtained as a result of the Services;
• use any of our trademarks, logo, URL or product name without Boost’s express written consent;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
• impersonate or misrepresent your affiliation with any person or entity;

(q)        attempt to receive funds from both Boost and a Participating Merchant or other third party seller for the same transaction by submitting similar claims; (r)        use an anonymizing proxy while registering an Account; (s)        control an Account that is linked in any way to another account that has or suspected to be engaged in any restricted activities under these Terms and Conditions; (t)         interfere with another’s utilization and enjoyment of the App or Services; (u)        manipulate or exploit our promotional campaigns/ activities or other Services in anyway which Boost may deem as improper, irregular or dishonest; (v)        use the Services for, or in relation to, any illegal purpose or criminal activity of any nature; and (w)       use the Services dishonestly or in bad faith or with malicious intent. 4.3       You acknowledge that chat, discussion groups or bulletin board services and similar services offered by Boost (“Public Communication Services”) are public communications, and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. Boost is not responsible for, and does not control or endorse any Public Communication Services. 4.4       Notwithstanding anything to the contrary, if any information provided by you is untrue, inaccurate, not current or incomplete, Boost has the right to immediately terminate your account and refuse any and all current or future use of the Services or access to the App.

5. The Rights of Boost

5.1       Boost reserves the right to make any alteration or changes to the Service, or any part thereof, or suspend or terminate the Service or any part thereof without prior notice and Boost shall not be liable for any loss or inconvenience to you resulting therefrom. 5.2       Boost reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend these Terms and Conditions in accordance with Clause 18.6 hereof. 5.3       Unless otherwise notified by you, you agree that Boost may send you notifications relating to promotional and marketing activities from time to time. You may opt out from receiving any promotional or marketing messages from Boost by unsubscribing via email or contacting customer service. 5.4       Boost may extract any details or personal information or any other data from you which is required to be used as evidence in court and/or when necessary in the event of a suspected and or proven misuse of the Service. 5.5       Boost may run campaigns/contest or promotions in relation to the Service as may be notified to you from time to time. You agree that your participation in such campaign/contest/promotion shall be subject to the specific terms conditions of such campaign/contest/promotion. 5.6       You agree that by using the Services, you are giving consent to Boost that the information collected by Boost from you (“Personal Information”) will be used and/or disclosed in accordance to our Privacy Policy as posted on our website and Personal Data Protection Act 2010. You are advised to read and confirm that you have read our Privacy Policy and you understand your rights with regards to your Personal Information. 5.7       Boost may request for additional information or documentation at any time and for any reason, including but not limited to confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with Boost. You agree that you will provide such information and/or documentation promptly to Boost upon request. If you do not provide such information and/or documentation promptly, Boost may, without any liability to you, either limit your use of the Services or suspend or close your Account.

6. Processing Your Instructions

6.1       Mode of Instructions to Boost are as follows: (a)        In App: You may make a request for customer service from the App and all in App actions taken by you at the time you choose a particular Payment feature; (b)        Email: You may email your request to support@myboost.com.my; (c)        Social Media: You may send/ post a message on our Boost social media pages; and (d)        any other modes acceptable to us in our sole and absolute discretion 6.2       You request and authorise Boost to rely and act upon all apparently valid communications as instructions properly authorised by you, even if they may conflict with any other instructions given at any time concerning bill or service requirements. 6.3       An instruction will only be accepted by Boost if you have passed through certain security criteria as determined by Boost from time to time. 6.4       You agree that Boost may act on any instructions given to Boost even if these instructions were not authorised by you. 6.5       Boost will make reasonable efforts to process any instruction where you request Boost to do so, but Boost shall not be liable for any failure to comply with such a request unless it is due to Boost’s failure to make reasonable efforts to do so. 6.6       You must make sure that any instruction is accurate and complete, and Boost is not liable if this is not the case. 6.7       A transaction being carried out is not always simultaneous with an instruction being given. Some matters may take time to process and certain instructions may only be processed during normal working hours, even though the service may be accessible outside such hours. 6.8       You will be responsible for all losses and payments (including the amount of any transaction carried out without your authority) if you have acted with gross negligence so as to facilitate that unauthorised transaction, or you have acted fraudulently. For the purposes of this Clause, gross negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions. 6.9       If Boost reasonably believes that a transaction has been made fraudulently, illegal or in breach of these Terms and Conditions, Boost has the right to deduct from your Boost wallet such transaction amount.

7. Intellectual Property Rights

7.1       The Intellectual Property Rights in respect of all materials including without limitation all current and future copyrights, patent, trademarks, rights in databases, inventions or trade secrets, know-how, rights in designs, integrated circuit, topographies, trade and business names, domain names, get up, arks and devices (whether such applications can be made) which are capable of being protected and/or enforced in Malaysia and/or any relevant country of the world, any brand names, trademarks, services, products, hardware and software shall remain vested in the party originating or which has acquired the same. For clarity purposes, all trademarks used on the App and/or the Services are the trademarks of Boost unless specified otherwise. 7.2       You acknowledge and agree that the Services and the App are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved. 7.3       You are only allowed to use the App and the Services as set out in these Terms and Conditions and where applicable, in any accompanying terms and conditions to such Services which can be found at https://www.myboost.com.my/terms/feature-terms-and-conditions/ (which may be updated from time to time, and nothing on the App and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property of other proprietary rights of Boost.

8. Charges

8.1       Boost reserves the right to impose any charges, fees or subscriptions (“Charges”) for the use of certain Services, if such Charges are required. Some Services may be chargeable as indicated on the App, these Terms and Conditions and in any accompanying terms and conditions to such Services which can be found at https://www.myboost.com.my/terms/feature-terms-and-conditions/ (which may be updated from time to time), where applicable. 8.2       If any supply of Services made under these Terms and Conditions is a taxable service to which the applicable tax (including but not limited to the Sales and Services Tax (“SST”) would apply (“Applicable Tax”), then Boost reserves the right to levy the Applicable Tax at the prescribed rate and you agree to pay the amount of the Applicable Tax. 8.3       In accessing and using the App and/or Services, you shall be fully responsible and liable for all charges and payment due to your communications services provider to access the App and the Services including but not limited to telephone charges and internet/data charges 8.4       We are not liable for any fees raised by third parties including, but not limited to, card issuers or banks, for the usage of our Services. We reserve the right to decline acceptance of payment instruments, such as credit cards, debit cards or bank accounts, as funding methods at our sole discretion.

9. Disclaimer

9.1       The App and the Service are provided on an “as is” and “as available” basis. 9.2       Except as expressly set out in these Terms & Conditions, all representations, conditions and warranties (whether express or implied, statutory or otherwise) including but not limited to the availability, accessibility, timeliness and uninterrupted use of the App and Service; sequence, accuracy, completeness, timeliness or the security of any data or information provided to you as part of the Service; any implied warranty of merchantability; any implied warranty of fitness for a particular purpose; any implied warranty of non-infringement; and any implied warranty arising out of the course of dealing, custom or usage of trade with respect to the Service provided by Boost are expressly negative and excluded. The representations, conditions and warranties set forth in this Agreement with respect to the Services and App are the only representations, conditions and warranties made by Boost and will not be enlarged or diminished without Boost’s prior written approval.

10. Boost’s Liability and Liability for service

10.1      Boost shall not be liable for any liability, loss, damages, cost and/or expenses (whether direct or indirect), or for loss of revenue, loss of business, loss of profits or any consequential or indirect loss whatsoever as a result of your use and/or misuse of the Service. 10.2      It is your sole responsibility to make all efforts to ensure your App is up to date. The Services and in particular, Charges are periodically updated and you should check the App and the Services regularly to ensure that you have the latest information. You should also ensure that you download the most up to date version of the App and the Services. 10.3      You acknowledge that Boost is unable to exercise control over the security or subject matter passing over the telecommunication provider’s network, the App or via the Services, and Boost hereby excludes all liability of any kind for the transmission or reception of infringing any subject matter of whatever nature. 10.4      The App may contain links to website, web pages operated by third parties and you agree that your use of each website, webpage and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services of these third parties. You shall comply with the said terms and conditions and fully indemnify and to hold Boost harmless from and against any claim resulting from your breach of any of the said terms and conditions. 10.5      Boost assumes no responsibility for and does not endorse unless expressly stated, created or published by third parties that is included in the App and the Services or which may be linked to and from the App. 10.6      The App and/or the Services may be used by you to link into other applications, websites, resources and/or networks worldwide. Boost accepts no responsibility for the services, and you agree to conform to the acceptable use policies of such website, resources and/or networks. 10.7      Notwithstanding anything to the contrary contained herein, the maximum liability of Boost shall not exceed an amount equivalent to the aggregate sum of the Available Balance of your Account at the date on which your claim arises.

11. Exclusion of Liability

11.1      Boost shall not be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of, or in connection with the performance of, or use of Services available on the App and in particular, but without limitation to the foregoing, Boost specifically excludes all liability whatsoever in respect of any loss arising as a result of:

• use which you make of the App and the Services, or reliance on Services, or any loss of any Services resulting from delays, non-deliveries, missed deliveries, or service interruptions; and
• defects that may exist for any costs, loss of profits, or consequential losses arising from your use of, or inability to use or access, or a failure, suspension or withdrawal of all or part of the App and the Services at any time.

11.2      All conditions or warranties that may be implied or incorporated into these Terms and Conditions and where applicable, any accompanying terms and conditions to the Services which can be found at https://www.myboost.com.my/terms/feature-terms-and-conditions/ (which may be updated from time to time), by law, or otherwise are hereby expressly excluded to the extent permitted by law. 11.3      In the event that you are not satisfied with the Services provided through the App, you can choose to discontinue with the Services. 11.4      Boost makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks which we have no control. The internet is not a secure environment. Unwanted programs or materials may be downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge. 11.5      You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Boost arising from the above claims, and shall provide Boost with notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at your sole expense.

12. Disputed Transactions

12.1      You are fully responsible for all products and services purchased when you make any payment through your Account or anytime when you authorise and Authenticate amounts to be deducted from your Account. You shall be fully responsible for ensuring that the transaction amount is correct. 12.2      In the event that you discover any error or discrepancy in your account, you must contact us within fourteen (14) days from the date of the disputed transaction, failing which you shall be deemed to have accepted the accuracy of your transaction. In the event that it is revealed in the course of our investigation that the disputed transaction was indeed made in error by us, we will refund the disputed sum in the manner as stated in our Refund Policy. 12.3      You agree and consent to the use by Boost and/or its employees, personnel and advisors of any information related to you, the particulars of the transaction(s) or any designated account relating to the transaction(s) for the purpose of investigating any claim or dispute arising out of or in connection with the disputed transaction(s) and that this consent shall survive the termination of the Service and/or this Agreement. You further agree that in the event of a dispute or claim of any nature arising in respect of any transaction, the records of the transaction(s) generated by us shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim.

13. Termination and Suspension

13.1      If we reasonably suspect that you may be engaging in any of the restricted activities as set out in Clause 4 above or may be in breach of any of the representations, warranties, Terms and Conditions, and any accompanying terms and conditions to the Services which can be found at https://www.myboost.com.my/terms/feature-terms-and-conditions/ (which may be updated from time to time), where applicable, we may, without any liability to you, take the following action(s) as we deem necessary: (a)        report any suspicious or illegal activity to the relevant authorities; (b)        cancel or refuse any Transactions; (c)        suspend or close any Accounts or terminate this Agreement and/or the Services or part thereof provided to you; (d)        withhold/ forfeit/ withdraw any cash back/ monies/ reward which may release/ have released to you pursuant to any promotion campaigns/ activities/ refund process; (e)        apply, at our sole discretion, prevention and detection procedures and refuse the execution of Transactions; or (f)         take further steps as we, in our reasonable discretion, may deem necessary, including taking legal action against you. 13.2      The suspension of the Service with respect to a particular breach shall not in any prejudice or prevent Boost from exercising its right to terminate this Agreement and the Services with respect to the same breach. 13.3      Notwithstanding anything to the contrary, Boost may at any time, for any reason whatsoever and without any liability to you: (a)        suspend the Services or part thereof provided to you; and/or (b)        terminate this Agreement and/or the Services or part thereof provided to you, by giving written notice to you. 13.4      If Boost terminates or suspends the Service or any part thereof pursuant to Clause 13.1, Boost shall not be obliged to refund the Available Balance (if any) until and unless clearance has been obtained from the relevant authorities or Boost management, if applicable. 13.5      If you do not log in to your Account for more than six (6) months, and there are no funds remaining in your Account, Boost may in its discretion treat your account as dormant and may suspend your Account. If your Account is suspended, you should contact Boost’s customer support team to reactivate your Account. Boost will reactivate your Account at its sole discretion and subject to Boost’s prevailing policies and procedures. 13.6      In the event your Account and/or any or all of the Services have been suspended and you request for reactivation of the same, Boost may at its absolute discretion reactivate the Account and/or Service subject to any requirements as may be determined by Boost. You agree that Boost shall not be liable to you in relation to any inability of yours to access your Account or the Services or any part thereof. 13.7      User is able to request for their account to be suspended or unsuspended by email support@myboost.com.my or in app request to the boost customer service team. Further validation will be required to authenticate the user. 13.8      Termination of this Agreement for any reason shall not release You from any liability which, at the time of such termination, has already accrued to Boost or which is attributable to a period prior to such termination nor preclude Boost from pursuing any rights and remedies it may have hereunder or at law or in equity with respect to any breach of this Agreement.

14. Refund Policy

14.1      If you need a refund in respect of any fees or payments made towards the Service or any part thereof, please contact Boost at support@myboost.com.my. Subject to Boost’s determining to its satisfaction that your money was wrongly deducted from your Account for Payment by Boost due to (i) technical error of Boost where your attempted Transaction does not go through; (ii) services purchased in App was not made available, Boost may refund to your Account such money which was wrongly deducted. 14.2      Notwithstanding the above, you are only entitled to a refund if you have transacted for following Service: (a)        Cash-In service; (b)        Payment However, we shall not be responsible to settle any dispute that you may have with merchant for the purchased of goods and services using the Services. You shall be responsible to contact the respective merchants for a refund for products or services purchased from the merchants. We shall not liable any disputes that you may have with the merchant and you hereby agree to pay us all fees and Charges and the merchant for the value of the transaction, notwithstanding any dispute. 14.3      In the event you terminate the Service and you are entitled to a refund, the sum shall be credited to a different Account nominated by you less the bank charges applicable. You shall provide to Boost all necessary information and documents for the purpose of refund upon request. 14.4      Boost reserves its right not to refund any disputed amount to you if Boost believe you acted in contrary to these Term and Conditions. 14.5      In the event the Service or your Account is ceased, terminated or suspended by Boost due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Capital Markets and Services Act 2007, Financial Services Act 2013 and/or Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA) or any regulation and/or guidelines made thereunder), you shall not be entitled to obtain any refund of the Available Balance whatsoever and it shall be lawful for Boost to retain for an indefinite period or release to the relevant authorities the Available Balance in accordance with applicable legislation, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.

15. Indemnity

15.1      You hereby agree to fully indemnify and to hold Boost harmless from and against any claim brought by a third party resulting from the use of the App and the Services in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered, or incurred directly or indirectly by Boost in consequence of  and/or in connection with your use of the App and the Services, and your breach of any of the Terms and Conditions.

16. Force Majeure

16.1      Without limiting the generality of any provision in these Terms and Conditions, Boost shall not be liable for any non-performance and/or delay in performance of its obligations herein (including but not limited to the non-availability and/or interruption in the Services) caused by Force Majeure. 16.2      Notwithstanding Clause 16.1 above, you shall remain liable to pay all fees and charges which are outstanding and/or due and payable to Boost.

17. Customer Service

17.1      You may address your queries or complaints in relation to the Service or App or the Electronic Money in your Account via email at support@myboost.com.my or by raising a request from the Boost app in the FAQ section. 17.2      If the reply to your query or complaint is not satisfactory to you, you may contact the following bodies: Bank Negara Malaysia Laman Informasi Nasihat dan Khidmat (LINK) Ground Floor, D Block, Jalan Dato' Onn, 50480 Kuala Lumpur Contact Centre (BNMTELELINK) Tel : 1-300-88-5465 (Overseas: 603-2174-1717) Fax: 603-2174-1515 Email: bnmtelelink@bnm.gov.my   Ombudsman for Financial Services (664393P) (formely known as Financial Mediation Bureau) 14th Floor, Main Block, Menara Takaful Malaysia, No. 4, Jalan Sultan Sulaiman, 50000 Kuala Lumpur.

18. General

18.1      Governing Law and Jurisdiction These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia, and you hereby submit to the exclusive jurisdiction of the Malaysian courts. 18.2      Severability Where any provision of, or the application of any provision of this Agreement is illegal or unenforceable or deemed to be illegal or unenforceable, the provision shall continue to apply with the necessary modification in order that the provision is legal, valid and enforceable provision. In the event that it is not possible to modify the relevant provision to make the provision legal, valid and enforceable, then such part of the provision which is illegal, invalid or unenforceable shall be severed but the remaining parts of the provision shall remain unaffected. 18.3      Waiver (a)        No failure or delay on the part of Boost in exercising any rights or remedies under these Terms and Conditions at any time or for any period of time, nor any knowledge or acquiescence by Boost of any breach of any provision of these Terms and Conditions shall operate as or be deemed to be a waiver thereof nor shall a waiver by Boost of any breach constitute a continuing waiver in respect of any subsequent or continuing breach. (b)        Any waiver of any right or remedy of Boost under these Terms and Conditions shall only be valid and effective if it is agreed to by Boost in writing. 18.4      Representations You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Terms and Conditions or not) other than as expressly set out in the Terms and Conditions as a warranty. 18.5      Assignment (a)        You shall not assign or novate these Terms and Conditions without Boost’s prior written consent. The Account cannot be pledged or used in any manner by you as any form of security instrument for any purpose whatsoever. (b)        Boost may assign or novate these Terms and Conditions to any third party by written notice to you and you shall execute such documents as may be reasonably required to give effect to the assignment or novation.

• Variation of Terms and Conditions
• Boost reserves the right to amend, modify, change, delete, add or vary the Terms and Conditions from time to time at their absolute and sole discretion.  These amendments and variations may include, but not limited to changes in the fee and charges, product features and service offerings. Boost shall provide at least twenty one (21) calendar days’ notice of any such amendments, modifications, changes, deletion, addition or variation prior to the amendments or variations take effect.
• All notices by Boost in relation to variation of Terms and Conditions may be given by displaying on the screen upon access to the App and/or Boost website, via email, Facebook messenger or any other manner as Boost deems fit.
• In the event where Boost is of the view that immediate changes are necessary to safeguard the security of the Accounts and the Services, you acknowledge that the App may be automatically updated at Boost’s sole discretion without notice to you.
• You shall be deemed to have agreed and accepted such amendments or variations of Terms and Conditions without reservation if you continue to access and use Boost wallet and the App after the effective date of any such amendments or variations on the date specified in the notice, or where effective date is not specified, after a period of twenty one (21) calendar days upon notice is communicated via channels in accordance with Clause 18.6 (b).