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.

18.6 VARIATION OF TERMS AND CONDITIONS

(a) 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. (b) 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. (c) 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. (d) 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).