These Terms, including annexures and links, govern your use of www.onpym.com and any related pages, API keys, features, content, or application services (including but not limited to mobile applications and mobile site services) (the "Website"), owned and operated by Onpym Sdn Bhd ("Onpym"), a company incorporated under the Companies Act, 2016.
"We," "Us," and "Our" refer to Onpym, while "You," "Your," "Yourself," and "Merchant" refer to any individual, corporate entity, or registered user of Onpym, including Onpym merchants.
"Applicable Laws" refer to (i) any law, statute, regulation, order, or directive issued by an authorized governmental body with jurisdiction over You, Us, or the matter in question, as may be amended from time to time, and (ii) includes any directives from government agencies, such as Bank Negara Malaysia (BNM), or regulations issued by Paynet, as outlined on their website at https://www.paynet.my.
Before using the Website, You must read these General Terms of Use, Specific Terms of Use (collectively, the "Terms"), and the Privacy Policy. By using Onpym’s products, software, services, the Website, or availing services from Onpym’s partner institutions, including banks, financial institutions, Paynet, technology providers, or third parties ("Services"), You agree to accept these Terms. Onpym reserves the right to update or modify the Services at any time.
You acknowledge that references to "Onpym" may refer to its affiliates, and any claims related to the Specific Terms of Use must be brought solely against the relevant affiliate providing the Services. Onpym shall have no liability in this regard.
If You do not accept the Terms or Privacy Policy, You are not permitted to use the Website. It is strongly recommended that You periodically review the Terms to stay informed of any changes. Onpym reserves the right to modify the Terms at its discretion without prior notice. Continued use of the Website signifies Your acceptance of the updated Terms. If You object to the Terms or any updates, Your sole recourse is to stop using the Website immediately.
We may also require You to agree to additional terms for specific services as needed. The Services provided through the Website are intended for use exclusively in Malaysia.
1. PROPRIETARY RIGHTS
1.1. You acknowledge and agree that Onpym holds all rights, title, and interest in and to the Services, including any intellectual property rights associated with the Services (whether registered or not). You further recognize that certain information within the Services may be designated as confidential by Onpym, and you agree not to disclose such information without Onpym’s prior written consent.
1.2. Onpym grants you a personal, non-exclusive, non-transferable, and limited license to use the Services and access the Website for personal use only. This license does not grant you any rights to download, copy, create derivative works, modify, reverse engineer, decompile, or attempt to discover the source code of the Services, nor does it allow you to sell, assign, sub-license, grant a security interest in, or otherwise transfer any rights in the Services. You are not permitted to use any of Onpym’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. Additionally, you may not remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices) that are attached to or embedded within the Services. You are prohibited from copying or transmitting any part of the Services.
2. USAGE OF THE WEBSITE AND USE OF SERVICES BY THE USER
2.1. You may register as a user of the Website only if you are 18 years or older and are legally capable of entering into binding contracts under Applicable Laws. You are responsible for keeping your passwords, login details, and account information confidential. Any use of the Website or Services by you or anyone else using your credentials (with or without your permission) is your responsibility. Onpym will not be liable for actions taken using your secure login credentials.
2.2. You agree to provide true, accurate, current, and complete information when prompted by the Website. If the information you provide is false, outdated, or incomplete, or if Onpym reasonably suspects this, it reserves the right to suspend or terminate your account and refuse current or future use of the Website or Services.
2.3. By using the Website and providing your contact details, you consent to being contacted by Onpym or third parties regarding products and services via various means, including phone, SMS, email, or messaging services. Onpym may reach out to gauge your interest and fulfill your requests. You also consent to marketing communications from Onpym, its partners, and service providers.
2.4. You specifically agree that Onpym, its affiliates, and third parties may contact you for follow-up calls related to the Services or to offer other products. You consent to receiving such communications on your phone or mobile device, if provided.
2.5. You authorize Onpym to share your information with its partner banks, financial institutions, affiliates, vendors, service providers, and other third parties as necessary to provide Services or value-added services. You agree to receive communications via email, phone, or SMS. If you opt out of receiving such communications, this will only apply going forward and will not affect previously shared information.
2.6. You acknowledge that Onpym may need to collect information from you to conduct Know-Your-Customer (KYC) checks as required by Applicable Laws. You agree to comply with these requirements, including providing additional documents for due diligence. You are responsible for understanding and adhering to all laws applicable to your use of the Services, including the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001 and the Personal Data Protection Act 2010 of Malaysia.
2.7. Before using the Services, you agree to submit necessary documents for Onpym’s due diligence, including KYC documents. Onpym reserves the right to share these documents with relevant authorities or Facility Providers as required by law.
2.8. Onpym may request additional KYC documents or related information about your customers as needed. Failure to comply may result in suspension of Services or withheld payments until you provide the required documents to Onpym’s satisfaction.
2.9. Onpym is not responsible for product delivery, after-sales service, customer inquiries, or any obligations related to your products or services. These remain your sole responsibility, and you agree to indemnify Onpym from any claims arising from such obligations.
2.10. You confirm that neither you nor your affiliates or Beneficial Owners are Politically Exposed Persons (PEPs). If this status changes during your use of the Services, you agree to inform Onpym immediately in writing.
2.11. You agree to provide personal information or authorize Onpym to collect data from public sources as required for KYC checks or to complete your profile. Onpym will follow industry practices for data security and privacy, but you agree that any liability arising from such transactions rests with you.
2.12. You will not use the Website or Services for any unlawful activities or in violation of local laws. Since the Website operates in Malaysia, you agree to abide by Malaysian laws while using the Website and Services. Onpym reserves the right to suspend or terminate your access to the Website or Services at any time, without prior notice, for violations of these terms.
2.13. You are prohibited from posting or transmitting the following content on the Website: (i) unlawful, threatening, or defamatory material; (ii) commercial content such as advertisements or solicitations; (iii) material that infringes on intellectual property rights; (iv) content containing software viruses; (v) content harmful to Malaysia’s unity, security, or public order; (vi) impersonations of others; or (vii) any illegal content. You will be solely liable for any damages arising from violating these restrictions.
2.14. You represent and warrant that:
(a) You are legally incorporated and have the authority to operate your business.
(b) You have the legal capacity to enter into these Terms and perform your obligations.
(c) Your acceptance of these Terms is authorized by necessary corporate actions.
(d) These Terms form a valid and binding agreement enforceable against you.
(e) You do not engage in virtual currency or cryptocurrency activities without informing Onpym. Any breach of this provision may result in suspension or termination of Services, and you will be liable for any losses incurred by Onpym due to the breach.
2.15. You agree to:
(a) Use the Services for your bona fide business activities in compliance with Applicable Laws and Onpym’s instructions.
(b) Use the Services in alignment with the categories specified during onboarding.
(c) Not resell or assign the Services to third parties.
(d) Avoid any unlawful activities or fraudulent transactions through the Services.
(e) Ensure your customers have consented to share their information with Onpym and comply with legal obligations.
2.16. You acknowledge that the Services are complex and rely on Facility Providers. Onpym will only be liable for actions directly attributable to it.
2.17. To use the Services, you will take all necessary steps to integrate Onpym’s solutions with your platform. Server-to-server (S2S) integrations are intended solely for your use of the Services.
2.18. You agree to provide any required documents, records, or proof of transactions to Onpym, its auditors, Facility Providers, or law enforcement agencies upon request. You must retain records for seven years or as required by Applicable Laws. Onpym and Facility Providers reserve the right to audit or inspect your records at any time without notice.
2.19. You may not:
(i) Represent yourself as an agent of Onpym or its Facility Providers.
(ii) Claim any rights to offer Onpym’s products or services.
(iii) Make representations to third parties that would obligate Onpym or its Facility Providers.
2.20. You may charge a convenience fee to customers at your discretion. Any losses or liabilities incurred by Onpym due to such fees will be borne by you, and you agree to indemnify Onpym for such losses.
3. PAYMENT
3.1. Onpym will levy applicable fees for the Services from time to time. You agree that these fees will be charged according to the methods, rates, and frequency determined by Onpym. Onpym reserves the right to update the fee structure at its sole discretion.
3.2. The fees are exclusive of any applicable taxes, which will be added by Onpym as required. You agree to bear any statutory changes in taxes that may occur during the term of these Terms.
3.3. Invoices for the Services will be generated monthly, detailing fees for the prior month’s Services. These invoices will be available on the dashboard. Any disputes regarding an invoice must be communicated to Onpym in writing within ten (10) days of the invoice date. Onpym will make reasonable efforts to address and reconcile any disputed amounts in good faith.
3.4. You are responsible for daily transaction reconciliation. Any discrepancies must be reported to Onpym within three (3) working days of the transaction. If reported after this period, Onpym will not be responsible for resolving such issues.
3.5. It is Your responsibility to update Your SST registration number on the Onpym dashboard before invoice generation and to submit the SST certificate as part of KYC. Onpym will issue an SST tax invoice and report transactions based on the details You provide. These transactions will be filed in line with statutory deadlines, enabling You to claim any input tax credits. Onpym is not liable for any errors or misrepresentations in the SST details provided by You. Any liabilities incurred by Onpym due to incorrect or withheld statutory information will be recovered from You.
4. PRIVACY POLICY
By using the Website, You hereby consent to the use of Your information as we have outlined in our Privacy Policy.
5. THIRD PARTY LINKS/OFFERS
This Website may contain links to third-party websites or resources. You acknowledge and agree that Onpym has no control over these external sites and is not responsible for their availability. Additionally, Onpym does not endorse and is not liable for any content, advertisements, products, or other materials available on or through these third-party sites or resources. You further acknowledge and agree that Onpym shall not be held liable, directly or indirectly, for any damage or loss that may result from your use of or reliance on any such content, goods, or services. Your interactions with any third parties accessed through this Website are at your own risk, and Onpym shall not be liable for any acts, omissions, errors, representations, warranties, breaches, or negligence of these third parties. Furthermore, Onpym will not be responsible for any personal injuries, death, property damage, or other damages or expenses arising from your interactions with these third parties.
6. DISCLAIMER OF WARRANTY
Onpym warrants that the Service(s) will be provided in substantial alignment with the service documentation available on the Website. Additionally, Onpym guarantees that the Service(s) will perform in all material respects in accordance with these Terms. To the fullest extent permitted by Applicable Laws, and except as explicitly stated in these Terms, the Services are offered on an "as is" basis. You acknowledge that Onpym does not guarantee that the Service(s) will be uninterrupted, error-free, or suitable for your specific business purposes.
7. LIMITATION OF LIABILITY
7.1. Onpym, including its officers, directors, employees, representatives, affiliates, and providers, shall not be liable for (a) any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits or savings), whether arising from contract, tort, strict liability, or otherwise, that result from or are in any way connected with (i) any failure or delay in using, or inability to use, any component of the Website; (ii) any use of the Website or its content; (iii) the performance or non-performance by Onpym or any Facility Provider, even if we have been advised of the possibility of such damages; or (iv) any damage to or viruses that may infect your computer equipment or other property due to your access to the Website or your downloading of any content from it.
The Website may contain links to third-party websites. However, since Onpym has no control over these sites, you acknowledge and agree that Onpym is not responsible for their availability and does not endorse or assume liability for any content, advertising, products, or other materials available on such third-party websites. You further acknowledge that Onpym shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, your use of or reliance on any such content, goods, or services available through these third-party sites. These third-party websites may have their own terms of use and privacy policies, which are independent of Onpym. We advise you to read the terms and conditions of any third-party websites before accessing them.
7.2. Notwithstanding any provision in these Terms, Onpym’s aggregate liability, along with that of its affiliates, officers, employees, and agents, in relation to the Service(s), shall not exceed an amount equal to one (1) month's fees paid by you for the specific Service(s) that give rise to the liability. Onpym’s liability under or in connection with these Terms will be proportionately reduced to the extent that any loss or damage is contributed to by you or your third-party providers.
8. INDEMNITY
You agree to indemnify and hold Onpym, along with its officers, affiliates, group companies, directors, agents, and employees, harmless from any and all claims—whether initiated by third parties or otherwise—causes of action, demands, recoveries, losses, damages, fines, penalties, or other expenses of any kind, including reasonable attorneys’ fees. This indemnification applies to any claims arising from your breach of these Terms, violations of applicable laws or the rights of third parties, your use of the Website, or any disputes with third parties.
9. CARD ASSOCIATION RULES
9.1. The term “Card Payment Network Rules” encompasses all written rules, regulations, guidelines, processes, interpretations, and other requirements—whether contractual or otherwise—established by the card payment networks. These networks provide the necessary infrastructure and processes for transaction authorization and mandate your compliance with their applicable guidelines and regulations.
9.2. The card payment networks reserve the right to amend their guidelines, rules, and regulations at any time. Accordingly, we may need to update these Terms to reflect any such amendments. These modifications will be considered binding on you with immediate effect.
9.3. You agree to fully comply with all programs, guidelines, and requirements published or mandated by the card payment networks. While we may assist in clarifying the Card Payment Network Rules, you acknowledge that the responsibility for ensuring compliance with all provisions rests solely with you, regardless of your awareness or access to those provisions. MasterCard, Visa, American Express, and relevant entities provide excerpts of their respective rules on their official websites.
9.4. Should your non-compliance with the Card Payment Network Rules result in fines, penalties, or other charges imposed on us by a card payment network, you agree to promptly reimburse us for the total amount of such fines, penalties, or related costs, without prejudice to our other rights under this agreement. Non-compliance with your obligations to the card payment networks may lead to Onpym suspending settlements or immediately suspending or terminating the Services.
10. WAIVER
Any failure or delay by Onpym in enforcing or exercising any provision of these Terms, or any related right, shall not be construed as a waiver of that provision or right. The exercise of any right by Onpym shall not waive or preclude the exercise of any other rights or remedies available under these Terms or by law. Any waiver of a provision shall only be effective if it is made in writing and signed by a duly authorized officer of Onpym.
11. FORCE MAJEURE
If the performance of Services or the Website by Onpym is hindered, restricted, delayed, or interfered with due to events such as labor disputes, strikes, acts of God, epidemics, pandemics, floods, severe weather, shortages of materials, the introduction of viruses, malware, or other disruptive mechanisms, hacking incidents, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil unrest, blockades, embargos, or any law, order, regulation, or demand issued by any government or regulatory authority—whether similar to or different from those mentioned above—beyond Onpym's reasonable control, then Onpym shall be excused from performance for the duration of such force majeure events. Such non-performance shall not constitute a breach of obligations or incur any legal liability for Onpym.
12. ANTI BRIBERY AND SANCTION LAWS
You agree to comply with all applicable anti-bribery and anti-corruption laws that prohibit you, your officials, representatives, agents, or any associated persons from giving, offering, promising, receiving, or accepting any payment, gift, hospitality, or anything of value—either directly or indirectly—whether domestically or internationally, to government officials, public servants, regulatory bodies, judicial authorities, individuals in positions of authority, electoral candidates, political parties, or their office bearers. This includes actions intended to obtain any improper commercial or business advantage. Government officials encompass government employees, candidates for public office, employees of government-owned or controlled companies, public international organizations, and political parties. Furthermore, you agree not to give, offer, pay, promise, or authorize the payment of anything of value to anyone to induce or reward favorable actions or influence decisions in your favor.
13. ADDITIONAL TERMS
13.1. You may not assign or transfer your rights or obligations under these Terms. In contrast, Onpym may assign its rights and obligations under these Terms without such assignment being considered a change to the Terms or requiring notice to you. Our failure to act on your breach or anyone else's breach on any occasion does not waive our right to address future or similar breaches. Additional terms applicable to the Services provided by Onpym or its affiliates are as follows:
(a) These Terms, and your and our compliance with them, will be governed by the laws of Malaysia, without regard to its conflict of laws rules. If you initiate any legal action related to your use of the Website or these Terms, you agree to file such action solely in the courts located in Kuala Lumpur, Malaysia. In any legal action we initiate, the prevailing party shall be entitled to recover all legal expenses incurred, including taxable and non-taxable costs and reasonable attorney fees. You acknowledge that you have read and understood these Terms, which have the same force and effect as a signed agreement. This clause shall survive the termination of the Terms.
(b) Without prejudice to any other rights or remedies Onpym may have, you agree that Onpym has the right to set off any part of your liability under these Terms (or any other agreement between you and Onpym or its affiliates) against any funds or amounts credited to or owed to you under these Terms (or any other agreement). You acknowledge that Onpym may exercise this right of set-off at any time, without prior notice to you. If this set-off does not fully cover your liability, you shall pay Onpym the shortfall.
(c) You shall not (whether online or otherwise): (i) describe yourself as an agent or representative of Onpym or any Facility Provider; (ii) claim rights to offer any products or services provided by Onpym or the Facility Provider; or (iii) make any representations to customers or third parties or provide any warranties that may require Onpym or the Facility Provider to assume any obligation or liability to customers or third parties, either directly or indirectly.
(d) Onpym reserves the right to amend the Website, related policies, these Terms, and the Privacy Policy at any time, as it deems appropriate. This includes, but is not limited to, compliance with legal or regulatory changes, correcting inaccuracies, reflecting changes in processes, service scope, company reorganization, market practices, or customer requirements. Your continued use of the Services after any changes constitutes your acceptance of those changes and your agreement to be bound by the amended Terms. If you do not agree with the changes, you may discontinue your use of the Services.
14. ADVERTISING
Some Services may be funded by advertising revenue and may display advertisements and promotional materials. These ads may be tailored based on the content of the information stored in the Services, your queries, or other relevant data. The manner, mode, and extent of advertising by Onpym may change without specific notice to you. In consideration of Onpym granting you access to and use of the Services, you agree that Onpym may place advertisements on the Services through various channels, including the Website, print media, electronic media, and social media advertising platforms.
15. SUSPENSION AND TERMINATION
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15.1 Notwithstanding any provisions to the contrary, Onpym reserves the right to immediately suspend Services and halt any payments to you without liability in the following circumstances:
(a) You breach any term of these Terms.
(b) You facilitate any transaction that is unlawful or violates the ‘Prohibited Products and Services’ listed below.
(c) Onpym receives instructions from Facility Providers, governmental authorities, or law enforcement agencies to suspend the Services, in whole or in part, regardless of any ongoing investigations into alleged illegal activities.
(d) You use the Services for transactions deemed high-risk according to Onpym’s internal fraud assessment tools and policies.
(e) Onpym suspects suspicious circumstances surrounding your activities.
(f) Onpym believes there are pending, anticipated, or excessive disputes, refunds, or reversals related to your use of the Services.
(g) Your products or services infringe, or are suspected of infringing, intellectual property rights, including copyrights, patents, trademarks, or trade secrets, or if you are suspected of selling counterfeit or knock-off goods.
(h) You materially change the type of products or services provided to end customers from those declared on your onboarding form without obtaining prior written permission from Onpym. If it is discovered that you provided misleading or false information during onboarding, this may also lead to suspension.
(i) Onpym, at its sole discretion, determines that your activities pose unacceptable risks.
(j) Onpym is required to suspend services due to regulatory changes affecting the Services.
15.2 These Terms take effect on the date you first access or use the Services and will continue until terminated by either you or Onpym. We may terminate these Terms or close your Onpym account at any time for any reason, including activities that may harm Onpym's goodwill. If Applicable Laws require advance notice of termination, we will provide the necessary notice before termination.
15.3 Termination does not relieve you of obligations incurred under these Terms. Upon termination, you agree to cease using the Services. Your continued or renewed use of the Services after termination will constitute renewed consent to the Terms. Additionally, you understand and agree that Onpym will not be liable for compensation, reimbursement, or damages related to your use of the Services, or for any termination or suspension of the Services or deletion of your information or account data. You remain liable for any fees, fines, or other financial obligations incurred prior to termination.
PROHIBITED PRODUCTS AND SERVICES
This list is subject to change by Onpym based on instructions from Facility Providers without prior notice to you.
SPECIFIC TERMS OF USE
A. Payment Aggregation Services
You agree that fees will be charged based on the manner, rates, and frequency determined by Onpym. Onpym reserves the right to update the fee amounts, including for Services that previously incurred no charge under this clause. You acknowledge that you will be responsible for any additional fees determined by Onpym in the following situations:
(a) If you utilize certain value-added services available on the dashboard, regardless of whether these services were previously offered free of charge.
(b) If you access any new Services not specified in these Terms.
Your use of any Service or value-added service will be considered consent to any additional fees that may be imposed by Onpym for such services.
1. DEFINITIONS
1.1. “Chargeback” refers to the reversal of the Transaction Amount charged by you, initiated by a Facility Provider at the request of the Facility Provider’s customer. The reversal is approved by the Facility Provider after reviewing the relevant Transaction documents and information provided by you. This results in Onpym being charged the Transaction Amount along with any associated charges, penalties, or fines related to processing the Chargeback.
1.2. “Chargeback Amount” means the total amount charged to Onpym by the Facility Provider as a result of a Chargeback.
1.3. “Chargeback Documents” has the meaning defined in Clause 3.1 below.
1.4. “Chargeback Request” is a claim for Chargeback made by the Facility Provider’s customer.
1.5. “Escrow Account” or “Nodal Account”refers to an account maintained by Onpym with an Escrow Bank or nodal bank for receiving the Transaction Amount and facilitating settlements to you.
1.6. “Escrow Bank” means a bank authorized to operate an Escrow Account or Nodal Account under Payment Aggregation Guidelines.
1.7. “Escrow Bank Working Days” refers to the days when the Escrow Bank is operational for processing settlements.
1.8. “Payment Instrument” includes credit cards, debit cards, bank accounts, prepaid payment instruments, or any other instruments issued under Applicable Law used by a customer to pay the Transaction Amount.
1.9. “Permissible Deductions” means (a) fees charged by Onpym; (b) Chargeback Amount, including fines and penalties; and (c) any other sums due and payable by you to Onpym.
1.10. “Refund” means the processing of your request to Onpym for returning the Transaction Amount (or a portion thereof) to the Payment Instrument used for the Transaction payment.
1.11. “Transaction” refers to an order or request placed by a customer with you (or a third-party vendor utilizing your services) to purchase goods or services, resulting in a debit to the customer’s Payment Instrument.
1.12. “Transaction Amount” means the amount paid by the customer in connection with the Transaction.
2. PAYMENT PROCESSING
2.1. In accordance with the General Terms of Use and the Specific Terms of Use for Payment Aggregation Services, Onpym will facilitate the collection of online payments for products and services sold by you.
2.2. Subject to Clauses 3 and 4 below, Onpym will settle the Transaction Amount (after deducting Permissible Deductions) into your account within two (2) working days of the Escrow Bank following the date of the Transaction.
2.3. If Onpym settles the Transaction Amount earlier than agreed under the General Terms of Use or any Specific Terms of Use, Onpym reserves the right to recover the Transaction Amount immediately if it is not received in the Escrow Account within three (3) working days of the Escrow Bank following the date of the Transaction, for any reason.
2.4. Onpym retains the right to impose limits on the Transaction value.
3. CHARGEBACKS
3.1. If a Facility Provider informs Onpym of a Chargeback Request, you will be notified. You are responsible for any Chargeback—domestic or international—under the General and Specific Terms of Use. The choice to use non-3D secure services is yours. Upon receiving a Chargeback Request and if funds are available, Onpym will deduct the Chargeback Amount from your Transaction Amounts. This may be used to either (a) process the Chargeback for the customer or (b) credit it back to you. You can submit documents (“Chargeback Documents”) to prove (i) the Transaction was completed or (ii) goods/services were delivered. You must submit these documents within three (3) calendar days (or as specified by the Facility Provider) of being notified of the Chargeback Request.
3.2. If (i) you cannot provide Chargeback Documents or (ii) the Facility Provider finds them unsatisfactory, the Facility Provider may instruct Onpym to reverse the Chargeback Amount, crediting it back to the customer's Payment Instrument.
3.3. If the Facility Providers charge the Chargeback Amount to Onpym, you agree that Onpym can recover this amount by deducting it from (i) your Transaction Amounts or (ii) any other funds you have with Onpym. If these funds are insufficient, Onpym may issue a debit note for the Chargeback Amount, which you must reimburse within seven (7) days.
3.4. If you receive a notice to terminate these Terms, Onpym can withhold a portion of each settlement for one hundred and twenty (120) days (“Withholding Term”) based on a defined Stipulated Percentage. This withheld amount will be used to cover Chargebacks. After processing, any remaining amount will be transferred back to you after the Withholding Term. The ‘Stipulated Percentage’ is the ratio of Chargeback Amounts to the total settled Transaction Amounts during these Terms.
3.5. If the withheld amount is not enough to cover Chargebacks during the Withholding Term, Onpym may issue a debit note for the remaining Chargeback Amount, which you must reimburse within seven (7) days.
3.6. For Chargebacks related to Easy Payment Plans (EPP): You must respond to loan cancellation requests within seven working days. If a loan is to be canceled, you must notify Onpym. If you decline the cancellation, you need to provide proof of delivery and justification. For loans canceled based on your confirmation, the amount will be deducted from the daily settlement.
4. REFUNDS
4.1. You understand that you can issue Refunds at your discretion, depending on the funds available in the Escrow Account.
4.2. You also acknowledge that you must initiate Refunds through the Website for Onpym to process them.
4.3. All Refunds will be sent back using the same payment method used for the original Transaction.
4.4. You agree to pay Onpym fees for each Transaction, regardless of whether you issue a Refund through standard channels or the instant refund service provided by Onpym’s affiliate.
4.5. You acknowledge that if payments are authorized late but not captured, Onpym may automatically refund the customer within five (5) days.
5. FRAUDULENT TRANSACTIONS
5.1. Subject to Clauses 3.1 and 3.2, if Onpym is notified by a Facility Provider that a customer has reported an unauthorized debit from their Payment Instrument ("Fraudulent Transaction"), Onpym may suspend settlements to you while inquiries, investigations, and resolutions are conducted by the Facility Providers, in addition to its rights under Clause 16 of the General Terms of Use.
5.2. If the amount related to the Fraudulent Transaction has already been settled to you under this Agreement, any disputes regarding that Fraudulent Transaction will be resolved according to Applicable Laws and any notifications, circulars, and guidelines issued by BNM from time to time.
5.3. Subject to Clause 5.2, if the Fraudulent Transaction leads to a Chargeback, it will be resolved according to the provisions outlined in these Terms.
5.4. You acknowledge that Onpym is not liable for any issues arising from Fraudulent Transactions, whether domestic or international.
6. GENERAL
6.1. In the event of any conflict between the General Terms of Use and the Specific Terms of Use, the Specific Terms of Use will take precedence. To the fullest extent possible, both shall be interpreted in a manner that is harmonious with one another.
6.2. Capitalized terms used in this Specific Terms of Use but not defined herein shall have the meanings assigned to them in the General Terms of Use.
6.3. Clauses 3 and 5 above shall remain in effect even after the termination of these Terms.
7. SERVICE DESCRIPTIONS
7.1. Value Added Services
(a) You may choose certain value-added services available on the dashboard, which will incur additional charges agreed upon by both parties. These charges will be payable monthly, quarterly, annually, or at another frequency as mutually agreed. You consent to having payments for these value-added services deducted from the settlement amount payable from the Escrow Account under these Terms.
(b) Additionally, you acknowledge that Onpym offers customizable templates for terms of use, return and refund policies, shipping policies, privacy policies, and other related documents (collectively referred to as “Customizable Templates”). You may use these templates on your website, web app, mobile site, mobile app, or other digital applications to meet your obligations under the Payment Aggregator Guidelines. You agree and acknowledge that:
(i) the Customizable Templates are available during the onboarding process and are provided for your sole discretion;
(ii) Onpym provides the Customizable Templates on an "as is" basis;
(iii) it is your responsibility to verify the suitability of the Customizable Templates for your products/services;
(iv) you have sought independent legal advice before using the Customizable Templates;
(v) you absolve Onpym of any liability arising from your use of the Customizable Templates; and
(vi) you have read and modified the Customizable Templates as necessary before publishing them on your website, web app, mobile site, or mobile app.
Notwithstanding anything to the contrary in these Terms, Onpym expressly disclaims all liability for any actions taken or not taken based on the Customizable Templates. Onpym does not endorse or assume responsibility for any third-party content that may be accessed through the Customizable Templates.
8. SPECIFIC TERMS FOR NON-RESIDENT MERCHANTS
You acknowledge that the following terms apply exclusively to Non-Resident Merchants. 8.1. Any Non-Resident Merchant conducting business in Malaysia must comply with all applicable laws, including but not limited to the Companies Act 2016 and the FEP Notices.
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