URUS NIAGA Terms and Conditions
In these URUS NIAGA Terms and Conditions (“Terms”), references to “You”, ”Your” and “Yours” refers to the URUS NIAGA SDN BHD customer who is utilising the URUS NIAGA Services and has an account with URUS NIAGA SDN BHD and reference to “We”, “Our”, “Ours” and “Us” refers to URUS NIAGA SDN BHD .
Definitions
“Business Day” means any calendar day from Monday to Friday, except a public holiday or bank holiday in Kuala Lumpur.
“URUS NIAGA ” means a service which allows You to initiate and receive instant credit transfers using a recipient’s account number or URUS NIAGA USER ID.
“URUS NIAGA ID” means common identifiers of an account holder such as a mobile number, NRIC, passport number, army number or police number (in the case of an individual) or business registration number (in the case of a corporate customer) or any other common identifiers as may be introduced by the URUS NIAGA Operator from time to time.
“URUS NIAGA Operator” means URUS NIAGA Sdn. Bhd.
“Erroneous URUS NIAGA Transaction” means URUS NIAGA payment instruction that is made wrongly
Or
incorrectly or mistakenly or erroneously in the following circumstances:
a) We generate invalid, incorrect, misdirected or duplicated URUS NIAGA payment instruction on Yourbehalf due to technical or operational errors that is not due to Your fault;
b) Technical or operational errors by URUS NIAGA Operator resulting in invalid, incorrect, misdirected
or
duplicated URUS NIAGA payment instruction;
c) URUS NIAGA transactions that are directed to the wrong recipients, containing incorrect recipient reference, carries the wrong amount or is duplicated.
“Personal Data” means any information in respect of commercial transactions that relates directly or indirectly to You, who can be identified or are identifiable from that information which includes, but not limited to, Your name, address, NRIC, passport number, army number, police number, banking information, email address and contact details.
1. Introduction
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These Terms shall apply to and regulate Your use of the URUS NIAGA service offered by us and it is important that You read and understand these Terms prior to using the URUS NIAGA service. If You use the URUS NIAGA service, You are deemed to have read, understood and accepted these Terms.
1.2 The URUS NIAGA service allows You to:
a) Transfer an amount specified by You from Your designated URUS NIAGA SDN BHD account to a bank or e-money account maintained by Your recipient at a participating URUS NIAGA participant via2 Pay-to-account number and Pay via URUS NIAGA ID, or such other means as prescribed by Us or the URUS NIAGA Operator from time to time;
2. URUS NIAGA Services
2.1 Upon registering and linking Your URUS NIAGA ID, You can initiate a payment by entering the recipient’s URUS NIAGA ID in Your URUS NIAGA portal .
2.2 We will perform a “Look-up Request” to verify the recipient’s registration of its URUS NIAGA ID in NAD and if the recipient is registered, We will display the name of such registered URUS NIAGA recipient.
2.3 You are responsible for the correct and complete entry of the recipient’s URUS NIAGA ID or other related details and ensuring that the recipient’s name and/or URUS NIAGA ID displayed is the intended recipient of the funds prior to confirming the URUS NIAGA transaction.
2.4 We will notify You on the status of each successful, failed or rejected URUS NIAGA transaction via any of Our available communication channels chosen by You.
2.5 You acknowledge and agree that We shall have no duty to and shall not be required to take any steps to verify or seek any other confirmation from any party as to whether such registered recipient is the intended recipient, and We shall not be liable for transferring the funds to such registered recipient even if such person is not the intended Recipient.
2.6 Pursuant to Clause 2.4 above, You agree that once a URUS NIAGA transaction has confirmed, it will be deemed irrevocable and You will not be able to cancel, stop or perform any changes to that URUS NIAGA transaction.
3. Multiple Look-Up Requests
3.1 You are advised not to submit multiple “Look-Up Requests” without a confirmed URUS NIAGA transaction. We shall not display the results of the “Look-Up Requests” upon three (3) consecutive “Look-Up Requests” that are not followed with a confirmed URUS NIAGA transaction.
3.2 Without prejudice to any of Our rights and remedies, We reserve the right to terminate or suspend Your access to and use of the URUS NIAGA service where We consider in Our sole discretion that inappropriate, fraudulent or suspicious use is being made of the URUS NIAGA service, such as where multiple “Look-Up Requests” are submitted without a confirmed URUS NIAGA transaction. You are advised to contact Us should you encounter any issues relating to the foregoing.
4. Recovery of Funds
4.1 You have rights in relation to the investigation and recovery of mistaken payments, erroneous payments and unauthorised (includes fraudulent) URUS NIAGA transactions made from Your account.
5. Unauthorised or Fraudulent URUS NIAGA Transaction
5.1 For URUS NIAGA transactions which were not authorised by You or which are fraudulent, We will, upon receiving a report or any other documents that We deem as necessary from You alleging that an unauthorised or fraudulent URUS NIAGA transaction was made, return or remit the funds back to you provided the following conditions are met:
5.1.1 We have conducted an investigation and determined, within thirty (30) Calendar Days of
Your report or within any other period that We deem as necessary, if the unauthorised or
fraudulent payment did occur;
5.1.2 If We are satisfied that the unauthorised or fraudulent payment instruction did indeed occur and was not caused by You, We shall initiate a reversal process whereby all debit posted to Your
account arising from the unauthorised or fraudulent payment instruction would be reversed.
6. Liability and Indemnity
6.1 You acknowledge and agree that, unless expressly prohibited by mandatory laws, We and the URUS NIAGA Operator shall not be liable to you or any third party for any direct, indirect or consequential losses, liabilities, costs, damages, claims, actions or proceedings of any kind whatsoever in respect to any matter of whatsoever nature in connection with the URUS NIAGA service offered by Us, which shall include
but not limited to the following:
6.1.1 Your negligence, misconduct or breach of any of these Terms;
6.1.2 Any erroneous transfer of funds by You, including any transfer of funds to the wrong URUS NIAGA ID, wrong recipient or wrong third party;
6.1.3 Any failure, delay, error or non-transmission of funds due to system maintenance, breakdown or non-availability of any network, software or hardware of URUS NIAGA SDN BHD and/or the URUS NIAGA Operator; or
6.1.4 The suspension, termination or discontinuance of the URUS NIAGA Service; or
6.1.5 Any instances where there are insufficient funds in Your URUS NIAGA SDN BHD account for Us to process the URUS NIAGA transaction; or
6.2 You shall indemnify, defend and hold Us, Our affiliates, and the URUS NIAGA Operator harmless the Bank from and against any claims, proceedings, actions, losses, damages, costs (including all legal costs on an indemnity basis), liabilities or expenses, whether foreseeable or not, resulting from or arising in connection with any fault, act or omission by You (including but not limited to Your negligence, misconduct or breach of any of these Terms).
7. General
7.1 We reserve the right to revise at any time, such charges for the use of the URUS NIAGA Service,upon written notice to You. Such revisions shall take effect from the date stated in the notice. Where You continue to access or use the URUS NIAGA service after such notification, You shall be deemed to have agreed to and accepted such revisions to such charges.
7.2 You acknowledge that We may terminate Your use of the URUS NIAGA Service with Us for any reason as we deem fit or without assigning any reason, at any time and without prior notice including, but not limited to, circumstances where if We suspect or have reason to suspect that You, Your URUS NIAGA ID and/or Your URUS NIAGA SDN BHD account may be involved in any fraudulent, money-laundering or illegal activities or if We suspect or have reason to suspect that Your URUS NIAGA ID may be involved in any Shariah non-compliant activities.
7.3 You acknowledge that We have the right to change, restrict, vary, suspend or modify these Terms by providing you with thirty (30) days written notice of such change, restriction, variation, suspension or modification in such manner as We deem fit. Such change, restriction, variation, suspension or modification shall take effect after thirty (30) days of such notification. Where You continue to access or use the URUS NIAGA service after thirty (30) days of such notification, You shall be deemed to have agreed to and accepted such change, restriction, variation, suspension or modification.
7.4 You consent to the collection, use and disclosure of Your Personal Data (including contact details), any third party and the transaction and/or any documents related to the URUS NIAGA transaction by Us, Our affiliates, Our service providers, the intended recipient’s bank and the URUS NIAGA Operator as required for the purposes of the URUS NIAGA Service. You acknowledge that if any information or document relating to the URUS NIAGA transaction is not disclosed to the URUS NIAGA Operator or the intended recipient’s bank, it will not be possible for Us to process Your URUS NIAGA transaction through URUS NIAGA service or for you to use the URUS NIAGA service.
7.5 We shall not be liable to You for any loss or damage (including direct, indirect or consequential) for Our failure to observe or perform Our obligations under these Terms for reason which could not be reasonably or diligently foreseen or be controlled or prevented by us, including but not limited to act of God, act of nature, epidemic, pandemic, destruction, fire, explosion, flood, drought, storm, earthquakes,lockdown, riots, strikes, terrorism, rebellion, civil commotion, industrial disputes, war, power shortages or power failure, power disruption, sabotage or inability to obtain sufficient labour, fuel or utilities or other act or order of the Government or regulatory authority.
7.6 If any of these Terms is held to be void, unenforceable or illegal, the remainder of the Terms shall continue to be effective and enforceable and remain unaffected in any way by the Terms that have beenheld as void, unenforceable or illegal.
7.7 These Terms are governed by and shall be construed in accordance with the laws of Malaysia and You agree to submit to the exclusive jurisdiction of the courts of Malaysia in respect of any dispute arising from or in relation the these Terms.
7.8 These Terms will be binding upon Your heirs, personal representatives and successors in title.
7.9 These Terms and any related Agreement shall be read as an entire agreement. In the event of any conflict, inconsistency and/or discrepancy, these Terms shall prevail to the extent of such conflict, inconsistency and/or discrepancy. In the event of inconsistencies between these Terms and the translated version, the English version shall prevail. [End of Terms and Conditions]