1.0 BINDING EFFECT
2.0 APPLICATION AND CONSENT
2.1 During the application by you to use SWIPEY PLATFORM and to be issued the Card(s), you agree to complete certain registration form(s) and provide SWIPEY with such information and documents as SWIPEY may require to satisfy its registration procedures, Know-Your-Business (KYB), Know-Your-Customer (KYC) checks and regulatory requirements. You agree that such information and documents may also be forwarded by SWIPEY to PAYMENT PARTNERS for the same purposes, and you further agree that SWIPEY may conduct background screening on your organisation and the shareholder(s), director(s), officer(s) or employee(s) of your organisation against third party databases (e.g. RAMSI or CTOS) or other lawful sources as SWIPEY may deem appropriate. You hereby represent and warrant that all information and documents provided to SWIPEY from time to time are and will be accurate, complete, and up to date.
3.0 THE CARD AND FUNCTIONS
3.1 The Card(s) is a reloadable VISA prepaid card with contactless functionality which allows Users
(a) payments for purchase of goods or services, whether offline or online, wherever VISA is
(b) withdrawal of cash via automated teller machines (ATM) or over-the-counter channels wherever
VISA is accepted.
(Collectively the “Transactions” and each a “Transaction”)
3.2 The Card(s) is not a credit card nor is it a gift card or intended for gifting purposes. The Card cannot be pledged or used in any manner by you as any form of security instrument for any purpose whatsoever.
3.3 As between SWIPEY, its Payment Partner and you, the Card(s) is and shall at all times remain the property of Payment Partner and shall be surrendered to Swipey or Payment Partner immediately upon termination or expiration of the Payment Partner Contract or termination of use of the Card(s) under –this Swipey Client Agreement.
3.4 The Card(s) will be valid during the term of the Payment Partner Contract unless terminated sooner under the terms of the Payment Partner Contract or this Swipey Client Agreement.
4.0 SWIPEY PLATFORM and SWIPEY MOBILE APPLICATION
4.1 SWIPEY PLATFORM is a cloud-based web application provided and maintained by SWIPEY which you may access to, amongst others, view the balance credits in your Customer Account, allocate funds to each individual Card, view transaction history and analytics reports and approve expenses claims submitted by Users. SWIPEY PLATFORM also enables Customers to outsource some of its Accounting and Finance operations with regards to the processing of the Customers payments.
4.2 Swipey App is a mobile application provided and maintained by Swipey which Users may access to, amongst others, activate the Card(s), view card transaction details and submit expense claims for approval by the designated personnel within your organisation.
4.3 Swipey reserves the right to modify the functions and features of Swipey Platform or Swipey Mobile App at its sole discretion and from time to time.
5.0 ALLOCATION AND ACTIVATION OF CARD
5.1 You agree that the Card(s) may only be used by the lawful employees of your organisation as you may designate from time to time. You shall be solely responsible to determine and allocate the Card(s) to Users within your organisation and ensure that Users are made aware of the relevant terms and conditions of this Swipey Client Agreement before using the Card(s) in order to prevent a default by Users. Accordingly, you agree that you shall be solely responsible and liable for all acts, omissions or defaults of the Users as if they were your acts, omissions or defaults. If you permit any person other than Users to use the Card(s), such action shall constitute a material breach of this Swipey Client Agreement.
5.2 The Card(s) may only be used upon activation in accordance with the activation procedures advised by Swipey from time to time. Users must sign on the signature panel on the back of the Card(s). You agree that Swipey shall not be responsible if any transaction on the Card(s) is rejected due to absence of a User’s signature on the Card(s) or any discrepancy between the signature appearing on the Card(s) and the corresponding sales slip(s).
6.0 . FUNDING THE CARD
6.1 The Card(s) being reloadable prepaid card(s) will be funded by you through depositing funds strictly from your organisation’s designated bank account (“Customer’s Designated Bank Account”) to Swipey’s designated bank account (“Collection Account”) from time to time in order to add credits to your funding account (“Customer Account”) maintained with Swipey and managed through a platform provided by Swipey (“Swipey Platform”). All reloads shall not be considered to have been made until all relevant funds have been received and processed as good value by Swipey. Swipey shall be responsible for any delay in reloading of credits to your Customer Account where such delay is not attributable to Swipey’s fault. Swipey shall have the right to reject any fund from you if Swipey may in its opinion deem it irregular, suspicious, illegal or unauthorised.
6.2 The default account limit of Swipey card account (“Card Account”) (i.e. the maximum amount of credits which may be stored in each Card Account) is RM 10,000 only (“Account Limit”).
6.3 Each time the Card(s) is used to perform Transactions, the credits in the Card Account will be deducted accordingly. You should regularly review the Card Account to check the available credits and ensure that there are sufficient credits in your Card Account to fund the use of the Card(s). If the available credits in your Card Account is insufficient for a Transaction, the Transaction will be declined. If the Card(s) has been blocked, suspended and/or terminated, any Transaction using the Card(s) will be declined. All remaining funds in the Card Account belong to you and any unutilised funds can be reclaimed by you.
6.4 All transactions conducted with the Card(s) will only be reflected and posted to the Card Account after they have been submitted by the respective merchants or acquiring banks and processed by VISAs payment network. You should regularly review the transaction history on the Card(s) to ensure that there has not been any unauthorised use of the Card(s). Transaction history of all cards issued to your employees is available for viewing on the Swipey Platform. All entries in the transaction history are deemed true and accurate unless you inform Swipey of any error, exception, dispute or unauthorised transaction within thirty (30) days from the date of the transaction. If Swipey does not receive any written notification from you concerning any error in the transaction history within the stipulated time frame, the transaction history shall be deemed true, complete and accurate, and you shall then be deemed to have accepted the entries in the transaction history made up to the date of the last entry in the transaction history as final and conclusive.
6.5 You will not receive any interest or profit on any funds deposited in the Collection Account or balance credits in your Customer Account. Upon termination or expiration of the Payment Partner Contract or termination of use of the Card(s) under this Swipey Client Agreement, your remaining unused credits as reflected in your Customer Account will be refunded to you in accordance with the terms of this Swipey Client Agreement.
7.0 CARD LIMIT AND DAILY TRANSACTION LIMIT
The default card limit of each Card (i.e. the maximum amount of credits which may be stored in each individual Card) is RM10,000 only (“Card Limit”) unless otherwise specified in the Swipey contract. You may not allocate credits to the Card(s) in excess of the Card Limit.
8.0 CUSTOMER’S INSTRUCTIONS
By applying for the Card(s) or otherwise using the Card(s), you authorise Swipey to rely and act upon all communications and instructions given by you in relation to the use of the Card(s). An instruction will only be accepted by Swipey if you have satisfied the prescribed security criteria as determined by Swipey from time to time. In giving instruction to Swipey, you shall ensure that any and all instructions are accurate and complete, failing which Swipey shall not liable for any losses or damages in relation thereto. However, Swipey may reject any of your instructions relating to the use of the Card(s) if (a) the instruction is inconsistent with the terms of the Swipey Client Agreement or other such policies that Swipey has adopted, or (b) Swipey suspects that the instruction may be fraudulently issued or poses a risk to Swipey or its business.
9.0 ONLINE & INTERNET TRANSACTIONS
9.1 If the Card(s) is used to perform online transactions, you shall be solely responsible for the security of such use at all times. You agree that the entry of the Card information on the internet shall be sufficient proof of the authenticity of such instruction. Swipey is under no obligation to verify the identity or the authority of the person entering the Card information.
9.2 For all transactions processed via two factor authentication mechanism, Swipey shall not entertain any disputes from you with regards to the fact that you did not authorise or participate in such transactions nor will you be able to raise a chargeback claim for such transactions which have been processed under two factor authentication mechanism. In cases of two factor authentication transactions, Swipey will only allow chargeback due to processing errors, service not rendered and other card acceptance violations as stipulated in the applicable VISA card chargeback rules. Your employee maybe required to enter OTP for online transactions if the VISA merchant is registered for 3D Secure. 3D Secure is a VISA service to provide two factor authentications for online transactions.
10.0 CONTACTLESS PAYMENT
The contactless payment feature of the Card(s) allows payment transactions to be performed by tapping or waving the Card(s) on a contactless reader device. Contactless payment cannot be used for card-not-present transactions, online transactions, e-commerce transactions, recurring bill payments, cash advance transactions, funds transfer transactions, or transactions performed or to be performed at any ATM. The Card(s) also cannot be tokenised on a mobile device for any forms of contactless payments. The first time a contact payment is used will require User(s) to enter the applicable PIN. Any usage of the Card(s) for contactless payments is subject to such other terms or policies as Swipey and/or VISA Card may impose from time to time.
11.0 ATM TRANSACTIONS AND PERSONAL IDENTIFICATION NUMBER (PIN)
For the purposes of effecting cash withdrawal using the Card(s) at any ATM under the VISA payment network, User must use the 6-digit Personal Identification Number (PIN) set or changed by you via Swipey App or any other prescribed method as determined by Swipey from time to time. The PIN is strictly confidential, and you should never disclose it to any unauthorised person. Failure to comply with this requirement may expose you to unauthorised use of the Card(s), for which Swipey will not be in any way be responsible or liable to you.
12.0 TRANSACTIONS IN FOREIGN CURRENCIES
If a Transaction is made in a foreign currency, VISA will convert the transaction into Ringgit Malaysia equivalent at the conversion rate as determined by VISA as at the date it is processed by VISA after merchant settlement. You may also be required to pay certain administration fees as Swipey and/or VISA may determine from time to time.
13.0 OTHER RESPONSIBILITIES
13.1 The Customer or Users (as the case may be) shall:
(a) ensure that the transaction amount is correct before making any transaction using the Card(s);
(b) keep all information and security credentials related to the Customer Account and Card(s)
confidential at all times and shall take all steps to prevent disclosure of such information and
authorised access or use;
(c) ensure that all information and documents provided to Swipey including Personal Data are true,
accurate, updated and complete at all times, and promptly update such information and
documents if there are any changes to the same;
(d) comply with all notices or instructions given by Swipey from time to time in relation to the use
of the Card(s);
(e) be responsible and liable for all usage of and all payment of the fees, charges, taxes and duties
for using the Card(s), including but not limited to payment of all fee, charges, taxes and duties for
the purchase of products and/or services to merchants in a timely manner;
(f) comply with all Applicable Laws relating to the Card(s);
(g) take all reasonable steps to prevent fraudulent, improper or illegal use of the Customer Account
(h) cease to use the Card(s) or any feature thereof for such period as may be required by SWIPEY or
(i) immediately report to Swipey and lodge a police report and providing a certified true copy
thereof whenever required by Swipey upon the discovery of -any fraud, theft, loss, unauthorised
usage or any other occurrence of unlawful acts in relation to the Card(s) and its use.
13.2 The Customer or Users (as the case may be) shall not:
(a) use the Card(s) to purchase illegal goods or services, for online betting and/or gambling
activities or to use it for any unlawful and/or fraudulent activities;
(b) use the Card(s) for business and/or commercial purposes which are deemed to be unacceptable
(c) attempt to receive funds from Swipey or other merchant or other third party for the same
transaction by submitting similar claims;
(d) use an anonymizing proxy while applying for the Card(s).
13.3 If you wish to update your profile and Personal Data, including but not limited to, mailing address, contact details, phone numbers, email address, and other personal particulars, you may do so by contacting Swipey. Swipey may from time to time first verify your identity through the security protocols established by Swipey before your profile and Persona Data can be updated. You shall at all times keep all your passwords and security codes, security questions, security answers (including but not limited to those used for verification and authorisation purposes and for use of the Card(s)) secret and you shall use all reasonable precautions to prevent disclosure of the same to any unauthorised person, or third party.
14.0 RIGHTS OF SWIPEY
14.1 If the Card(s) is used in a manner other than as permitted by this Swipey Client Agreement or for unlawful or fraudulent activities, Swipey shall be entitled to suspend, block and/or terminate the use of the Card(s) immediately without prior notice to you. However, Swipey and/or SWIPEY does not owe you any duty or obligation whatsoever to monitor and block the use of the Card(s) for any unlawful or unauthorised activities.
14.2 SWIPEY reserves the right to make any alteration or changes to the Card service or any part thereof, or suspend or terminate the Card service or any part thereof, in which event SWIPEY shall not be liable for any loss or inconvenience to you, any User or any third party resulting therefrom except where the Card service shall be permanently terminated any balance credits under the Customer Account shall be returned to you.
14.3 Swipey may from time to time contact you via electronic transmission (including, but not limited to email communication, telex, fax), short messaging service (SMS) or via telephone correspondence, and any other means of exchange communication in respect of, but not limited to, the confirmation of transactions, whether or not you transacted the same, status of the Customer Account or Card(s), communication on promotions (and promotional items) for the Card(s), and for any other matters relating to the Card(s).
14.4 Swipey may run campaigns, contests or promotions in relation to the Card(s) as may be notified to you from time to time. You agree that your participation in such campaigns, contests or promotions shall be subject to the specific terms and conditions thereof. If you wish to opt out from receiving any promotional or marketing messages from Swipey, you may unsubscribe the same via email or by contacting Swipey.
14.5 Swipey may request for any additional information or documents from you for the purposes of verifying your identity or providing you the Card service. You agree that you will provide such information and/or documentation promptly to Swipey upon request.
14.6 Notwithstanding anything in this Swipey Client Agreement, SWIPEY may change the procedures or mode of operation of the Card service at any time at is sole discretion.
15.0 FEES AND CHARGES
15.1 You agree and undertake to pay all fees arising out of and in connection with the use of the Card(s) pursuant to this Swipey Client Agreement, which includes, but not limited to, currency conversion fee, cross border transaction fee, fee chargeable for withdrawal whether in Malaysia or overseas, replacement card fee, charges for SMS alerts, sales draft retrieval fee, and such other fees and charges related to the Card(s) as SWIPEY may prescribe from time to time.
15.2 SWIPEY reserves the right to impose or revise any charges or fees applicable to the Card(s) or any features of the Card(s) from time to time at its sole discretion. Any such revision will be communicated to you in advance via mail or e-mail and will take effect from the stipulated effective date. If you do not accept such charges or fees, please do not use or continue to use the Card(s).
15.3 If the issuance and supply of a Card under this Swipey Client Agreement is taxable in accordance with the laws of Malaysia (including but not limited to Sales and Services Tax, Goods and Services Tax, etc), then Swipey reserves the right to levy such tax(es) at the prescribed rate and you agree to pay the amount of such tax(es).
16.1 DISPUTED TRANSACTION AND REFUND
16.1 You are fully responsible for all Transactions made on the Card(s), including but not limited to purchases of products or services using the Card(s), whether at a merchant’s premises, written instructions sent by mail, email, facsimile, telephone order, online via the internet or any other means by which you have authorised the use of the Card(s).
16.2 Swipey shall not be responsible to settle any dispute that you may have with any merchants for the goods or services purchased using the Card(s) or the member institution of VISA concerned. Swipey shall not be a party to such dispute or be liable for such dispute in any way.
16.3 In the event any merchant or the member institution of VISA concerned may provide a refund option to you, such refund shall be subject to the following:
(a) the refund process shall be subject to the merchant’s refund policy and any terms and
conditions imposed on such refund;
(b) the relevant Card(s) must be valid and active at the time of refund process; and
(c) in the event your Customer Account does not have sufficient Account Limit balance to enable
the refund to be transferred into, you will be required to request for a different refund method
from the merchant or the member institution of VISA concerned.
16.4 If you discover any error or discrepancy in a Transaction, you must contact Swipey within thirty (30) days from the date of the disputed Transaction, failing which you shall be deemed to have accepted the accuracy of the Transaction. If it is revealed in the course of Swipey’ s investigation that the disputed Transaction was indeed made in error, Swipey will refund the disputed sum directly to your Customer’s Client Account upon completion of the investigation. However, SWIPEY reserves the right to not refund any disputed amount to you if SWIPEY believes in good faith that you have acted contrary to Swipey Client Agreement. In the event the investigations and verifications conducted by SWIPEY reveal that the disputed Transaction was accurate, genuine and properly authorised by you, then you shall be liable for such disputed Transaction. In the event the investigations and verifications conducted by SWIPEY reveal that the disputed Transaction was not genuine, dishonest, fraudulent or an abuse of process, you shall indemnify SWIPEY against all costs and expenses incurred by SWIPEY in the course of carrying out the investigations or verifications. SWIPEY’s findings in any investigation conducted in relation to your Card(s) shall be conclusive, final and binding on you and shall not be questioned or disputed. Notwithstanding the above, any refund by SWIPEY shall not, in and of itself, amount to completion of the investigation. SWIPEY may refund such sum to your Customer’s Client Account based on preliminary investigation results. Upon the completion of full investigation, if it is discovered that you are not entitled to the refund, SWIPEY may, at its sole discretion, either adjust your Customer Account and deduct the refunded sum from your Customer Account or claim such sum from you.
17. LOST OR STOLEN CARD
17.1 In the event the Card(s) is lost or stolen, you must immediately contact Swipey to block the Card(s) or block the Card(s) via Swipey Platform (if such function is made available) and/or Swipey App. As a matter of prudence, Swipey recommends that you lodge a police report immediately to substantiate your claim for any unauthorised transaction. Swipey or Swipey on behalf of Payment Partner may request from you a copy of the police report confirming the incident, in which case if you are not able to provide SWIPEY with a copy of such police report, SWIPEY may not be able to proceed with its investigations and SWIPEY shall not be responsible or be held liable for any dispute or loss suffered by you in relation to any transactions incurred from unauthorised usage of the Card(s).
17.2 If you subsequently found the lost or stolen Card(s), you should not further use the Card(s) and should cut it into half and dispose of it immediately or return the same to Swipey. You may request Swipey to issue a replacement Card but Swipey has the right to accept or to refuse such request for any reason whatsoever. Any replacement Card will be subjected to a replacement card fee, unless waived by Swipey at its sole.
18.0 SUSPENSION AND TERMINATION
18.1 Without prejudice to its other rights and remedies, SWIPEY shall be entitled to immediately block, suspend or terminate the use of the Card(s), with or without any notice to you, upon the occurrence of any of the following events:-
(a) if in the opinion of SWIPEY, there is dishonesty, suspected fraud, illegality, criminality or
misrepresentation in the conduct of your Customer Account or use of the Card(s);
(b) if you are in breach of any terms of the Swipey Contract or this Swipey Client Agreement;
(c) if you fail to make any payment due to Swipey under the Swipey Contract or this Swipey Client
(d) if you are in breach of any Applicable Law in using the Card(s);
(e) if you have submitted false documents or have declared false information to Swipey;
(f) if your employee username is listed under any regulatory watchlist (including but not limited to
listing related to terrorism and terrorism financing under the AML/CFT Legislation);
(g) if you fail to provide any additional information which Swipey may request from you from time
to time in accordance with this Swipey Client Agreement; and/or
(h) where SWIPEY has reserved such right to block, suspend and/or terminate the Card(s) under any
other provisions of this Swipey Client Agreement.
18.2 If the Card is terminated by SWIPEY pursuant to Clause 18.1 above, Swipey shall not be obliged to refund the Available Balance (if any) to you pending relevant investigations or until and unless clearance has been obtained from the relevant authorities, if applicable. Swipey reserves the right to take any action against you as may be deemed necessary or as may be required under the Applicable Laws or by the relevant authorities.
18.3 In the event the Card(s) is terminated or suspended by Swipey due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any Applicable Law, you shall not be entitled to obtain any refund of balance credits under your Customer Account and it shall be lawful for SWIPEY to retain such funds for an indefinite period or release them to the relevant authorities in accordance with Applicable Laws. You shall not be entitled to claim any form of compensation for any loss arising therefrom from Swipey and/or SWIPEY.
18.4 Upon termination of the Payment Partner contract or this Swipey Client Agreement (howsoever occasioned):
(a) subject to Clause 18.3 above, any balance credits in your Customer Account will be refunded to
your Customer’s Designated Bank Account;
(b) save for any obligations which are expressed to survive, each Party’s further rights and
obligations shall cease immediately, provided that such termination shall not affect a Party’s
accrued rights and obligations as at the date of such termination.
If your Customer Account is suspended for any reason, you will not be able to use the Card(s). You should contact Swipey to reactivate your Customer Account or Card(s). Swipey may reactivate the Customer Account or Card(s) at its sole discretion and subject to Swipey’ s prevailing policies and procedures.
20.0 SWIPEY PLATFORM FREQUENTLY ASKED QUESTIONS
20.1 The Swipey Platform has a frequently asked questions section (https://help.swipey.co/
) and Swipey reserves the right to update this section periodically.
20.2 This section includes
(a) Various Product Disclosure Information
(b) “How to” perform various actions on the Swipey Platform