means your electronic wallet account created with Zapp which is:

1. link to the telephone number of your Mobile Device;
2. managed and supervised by Zapp; and
3. which records, amongst other things, the amount of Electronic Money which is available in your electronic wallet to you for use;

means software application named as “Zapp” or such other name as may be determined by Zapp from time to time that run on Mobile Device;

means the funds in the form of Electronic Money which can be used at any given time subject to the Wallet Limit;

means an Account with features as described in Clause 4.1;

means any day other than Saturday, Sunday and public holiday on which banks in Selangor, Malaysia are open for business.

has the meaning prescribed to it in Clause 6 hereunder;

means the limit imposed on relevant Transaction in any one (1) calendar day;

means stored cash value in digital form provided by Zapp in exchange for monies paid in advance to Zapp and which may be utilised by you via the App to perform the Transactions;

means any cause which is not within the control of Zapp 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;

means the service which enables you to transfer Electronic Money from your Account to another user’s Account and/or to your own bank account maintained with a licensed financial institution in Malaysia;

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);

means “Know Your Customer” which is the process of getting further supporting documents such as a photo of the user’s ID for verification purposes;

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;

means the limit imposed on relevant Transaction in any one (1) month;

means the payment to Zapp and/or Participating Merchants for the purchase of goods and services using Electronic Money by means of the App;

means merchants designated by Zapp to sell goods and/or services in exchange for Electronic Money by means of the App;

means a 6-digit personal identification number;

means an Account with features as described in Clause 4.2;

means the refund policy as set out in Clause 14 hereof or may be determined from time to time by Zapp with respect to the Services;

means a stored value service provided by Zapp via the App which enables you to perform the transactions set out in Clause 3.3;

means the software for the use of the App;

means the topping up of the Electronic Money into your Account using such methods, including but not limited to via online banking or debit cards linked to your Account;

means the transaction performed by you via the Service including: –

1. Payment (Scan and Pay/In-App purchase);
2. Fund Transfer; or
3. or any other service as may be introduced by Zapp from time to time;

means the mobile PIN created by you for the use of your Account;

means the maximum amount of funds that can be stored in your Account at any time as may be approved by Zapp;

means the available cash value in your Account;

means the person who uses and/or accesses the Services;

means the user identification created by you to access your Account;

To access and use the Services, you are required to register and create a Zapp Account. By registering and creating an Account, you warrant that you have the followings:

• a valid Malaysian identification card;
• a valid Passport Number (applicable for foreign individuals only);
• minimum age of 13 years and above, if you are between the ages of 13-18, your parent or guardian must agree to these Terms and Conditions before you can use Zapp;
• a valid e-mail address; and
• a valid mobile phone number registered in Malaysia.

In order to create an Account, you must provide us with correct and updated information as requested by Zapp. This may include but not limited to any identification or business statutory documents as may be requested byZapp from time to time.

You authorise Zapp, directly or through third parties, to make any inquiry that deemed necessary for us to verify your identity. This may include, but is not limited to, asking you for further information or documentation, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your information against third party databases or through other sources.

Zapp reserves the right to request additional information from you, other than what is stipulated to this Agreement, to allow it to comply with its anti-money laundering obligations/act. You agree to comply with any request for further information as we reasonably require enabling us to adhere to our anti-money laundering obligations/act. This may include, without limitation, requiring you to fax, email or otherwise provide us certain documents in a stipulated timeframe.

You are required to ensure that your information is up-to-date and provide relevant updated information as may be requested by Zapp from time to time. If there is a discrepancy between the information reflected in your Zapp Account Profile and the information contained in the documents provided for verification, Zapp reserves the right to amend such information so that it adheres to the documents provided.

You must be the beneficial owner of the Account, and use Services only on behalf of yourself. Any instructions and/or confirmation made 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, Zapp shall deem that the Services has been accessed legitimately.

Each User is only entitled to have one (1) Account at any one time. If you are found to have more than one (1) Account, we will inform you to choose your preferred Account. Failure to do so will result in terminating either one of your Account at our discretion without further notice to you.

The provision of the Services and activation of your Account is made available to you by Zapp at its sole and absolute discretion. You may only use the Services once your Account has been Activated and while you use the App or Services shall be strictly in accordance with these Terms and Conditions.

You shall be fully responsible on the use of the Services via your Account. Any instructions, confirmation and/or communication sent from your Account 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 otherwise. 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 were erroneously transacted due to an error on Zapp’s part.

The Services made available by Zapp to you are as follows:

1. Payment
2. Fund Transfer to your own bank account maintained with a licensed financial institution in Malaysia;
3. Fund Transfer to another Zapp User’s Account; and
4. Any other services may be provided by us from time to time.

Zapp will hold your funds in pooled accounts separate from its corporate funds, and it will not utilise your funds for its creditors in the event of bankruptcy. The pooled funds are used solely to make payments to the Participating Merchants, and they may also be refunded back to Users if necessary. You will not receive any interest or other earnings on the amounts of your Account. Zapp may invest the fund in high quality liquid ringgit assets as allowed and/or restricted by Bank Negara Malaysia within the Guideline on Electronic Money (E-Money) in which the earning derived from it shall be waived by you. However, Zapp may receive some earnings on amounts that Zapp holds on your behalf. You agree to assign your rights to Zapp for any earning derived from your funds.

Zapp shall not be liable for any costs, loss or damage (whether direct or indirect) or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of User’s use of the Services for unauthorised purposes.

Zapp reserves the right to impose different limits on your use of Zapp Account from time to time, including but not limited to: (i) the amount of value you may top-up your Zapp Account at any one time; (ii) the aggregate funds loaded to your Zapp Account and (iii) the maximum amount you can transfer to a merchant to make a purchase.

Basic Wallet

The wallet limit is Ringgit Malaysia Two Hundred (RM200.00) only.

The monthly transaction limit shall be Ringgit Malaysia One Thousand and Five Hundred (RM1,500.00) only for all Payment Transactions. There will be an annual transaction limit imposed every calendar year which shall be Ringgit Malaysia Fifteen Thousand (RM15,000.00) only for all Transactions.

To register as a user for this Basic Account, the potential user must be above 13 years old and provide their full name as per NRIC/ Passport, Nationality, Phone Number, and Email Address. For potential users between the age of 13-18 years old must obtain parental or guardian consent to use and register Zapp Account.

Premium Wallet

The wallet limit is Ringgit Malaysia One Thousand and Five Hundred (RM1,500.00) only.

The combined monthly transaction limit for all transactions inclusive of "Payment Transactions", and “Fund Transfer”shall be Ringgit Malaysia Four Thousand and Five Hundred (RM4,500.00).

The Fund Transfer to user’s own bank account shall be capped at Ringgit Malaysia Fifty (RM50.00) per transaction only and Ringgit Malaysia One Thousand and Five Hundred (RM1,500.00) only per month

There will be an annual transaction limit imposed every calendar year which shall be Ringgit Malaysia Fifty Thousand (RM50,000.00) only for all Transactions.

To upgrade to a Premium Account, all users must be above 18 years old and complete the KYC procedure by submitting their name as per Malaysian identity card, passport or other identity documentation (if any) that will be subjected to a verification process to ensure compliance with all relevant legislation and regulations.

We reserve all rights to refuse, reject and/or decline any application by a user at our sole and absolute discretion without assigning any reasons whatsoever, and our decision shall be final and conclusive.

You may use the Wallet Money stored in your Account to purchase goods or services for participated merchants over the internet. For security reasons, we may limit the amount or number of transactions you can make through with your Account.

Each time you use the Wallet Money in your Account, you hereby authorise us to reduce/deduct the Available Balance in your Account according to the amount of the transaction and any applicable fees. You can only make payment using the Wallet Money to the extent that you have sufficient balance in the account to support those transactions. You are not allowed to make a purchase in excess of such balance. We will not extend credit in connection with your use of Wallet Moneywith your Account.

You shall, at all times be solely responsible for all transactions initiated and fees incurred by the Wallet Money amount allocated to your Account. You are responsible for keeping your account details confidential. You shall not disclose any of your account details to any person. If other individuals access your Account, we will treat this as if you consented on such authorization for such usage and you will be solely responsible and liable for any misuse of your Account, transactions and fees incurred by such usage. In any event, you must notify us immediately of any unauthorised use of your Account or any other breach of security regarding the Account of which you have knowledge.

Any information, instructions and/or confirmation sent from 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, Zapp shall deem that the Services has been accessed legitimately and the transactions conducted shall be valid. We do not have any control over, and shall not be responsible or liable for, the transactions for the products or services that are conducted for with Account. We cannot ensure that a seller or merchant you are dealing with will actually complete the transaction.

We will notify you whether your payment has been received, delayed, cancelled, or accepted and executed via the App.

You may view your Transaction history up to the previous  thirty (30) days prior to the search date by logging into the App. You should regularly log in to the App to review your Transaction history and to make sure that there have not been any unauthorised Transactions. You shall check and verify all details of the Transactions including, and without limitation, the amount and recipient information.

We may at our own discretion from time to time to impose any charges or fees for the use of the Services and/or additional charges for certain Services, if such charges are applicable.

Zapp will charge a fee to Users who perform Fund Transfer to their own bank account. The charges will be RM0.53 per Fund Transfer Transaction. The charges will be deducted from your Account. However, if such Fund Transfer Transaction is unsuccessful, the charges will not be refunded.

By accessing and using the Service, you unconditionally agree to bear all the charges and payment wherever applicable while accessing the App and the Services including but not limited to telephone charges and internet charges. All the charges are equivalent to the service provider and no additional charges will be imposed without prior notice.

Zapp reserves the right to impose any Applicable Tax such as Sales and Service Tax if the supply made under these Terms and Conditions is a taxable supply.

You agree and accept that you will be liable for entering the correct bank account number/ Zapp ID/other particulars of the beneficiary for the Fund Transfer request. In no case, will we be held liable and responsible for any erroneous transaction incurred arising out of or relating to your entering of the wrong/incorrect/incomplete bank account number, information of the beneficiary and/or any other particulars. If a Fund Transfer is made available to you, it may be used for transfer of funds from your Account to Accounts belonging to the third parties maintained with us and/or with other parties.

You agree that the record of instructions given and Transactions with us shall be conclusive proof and binding for all purposes and can be used as the evidences in any proceeding. However, if you dispute any Transaction stated in your record of Transactions, we may in our absolute discretion and as deemed fit conduct any investigation(s) regarding the disputed Transaction(s). Our findings in any investigation conducted in relation to your Account shall be conclusive and final.

Protection for unauthorised fund transfers and Errors

In any such event, there is an unauthorised Fund Transfer, or an error occurs in your Account (except for any unauthorised Fund Transfer or error initiated in an environment not hosted by Zapp), Zapp will reimburse you for the full amount of every eligible unauthorised Fund Transfer or error as long as you follow the procedures below:

An unauthorised Fund Transfer occurs when Fund Transfer is made using your Account that you did not authorise and that did not benefit you. For example, if someone misuses your password to access your Account, and makes a Fund Transfer from your Account, an unauthorised Fund Transfer has occurred. If you authorised someone to access your Account (by giving them your login information) and they make Fund Transfers without your knowledge or consent, you are responsible for any resulting use.

Notification requirements

You should immediately notify Zapp if you believe:

1. there has been an unauthorised fund transfer or unauthorised access to your Account without your knowledge and/or consent;
2. there is an error in your Account’s Transaction history;
3. your Account login details or password has been compromised or misused; or
4. you need more information about the Fund Transfer listed on the Transaction history or Fund Transfer confirmation.

To be eligible for protection for unauthorised Fund Transfer, you must notify us within fifteen (15) days after any unauthorised Fund Transfer first appears in your Account’s Transaction history record. We shall notify you on the outcome of our investigation.

You should constantly log into your Account and review your Transaction history to ensure that there has not been an unauthorised Fund Transfer or error and to ensure that each Fund Transfer or Payment was authorised by you and is accurate;

For unauthorised fund transfer or Errors in your Account, you shall notify us as follows:

Email : hellocs@i-serve.com.my

Zapp Customer Service Contact Number : +603-376616211

When you notify us, you shall provide us with all of the following information:

1. your full name, mobile number and email address registered to your Account;
2. a description of any suspected unauthorised Fund Transfer or error and an explanation as to why you believe it is incorrect or why you need more information to identify the Fund Transfer; and
3. the amount of any suspected unauthorised Fund Transfer or error.

If you notify us verbally, we may require you to send us your complaint or question in writing within ten (10) business days. During the course of our investigation, we may request additional information from you.

Suspicious Unauthorised Fund Transfer or Error

Once you notify us of any suspected unauthorised fund transfer or Error, or we otherwise learn of one, we will do the following:

1. We will conduct an investigation to determine whether there has been an unauthorised fund transfer or Error that is eligible for protection;
2. We will conclude our investigation within fourteen (14) business days of the date we received or acknowledged your notification of the suspected unauthorised fund transfers or Error. In any such event, we may require more time, we may take up to thirty (30) business days to complete our investigation;
3. If we determine that there was an unauthorised fund transfer or Error, we will inform and update the status of the investigation and the notification of the credit into your Account within seven (7) business days of our determination;
4. If we decided that there was no unauthorised fund transfer or Error, we will include an explanation of our decision in our email to you. You may request copies of the documents that were used in our investigation.

Zapp Errors

We will rectify any error that we have discovered. If the error results in your receipt of less than the correct amount to which you are entitled, Zapp will credit your Account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, Zapp will debit the extra amount from your Account. We will send notification to you on the crediting or debiting of your Account if there is any.

Your Errors

If you erroneously make a Fund Transfer to the wrong party, or enter the wrong amount in the Fund Transfer (based on a typographical error, for example), your only solution will be to contact the party which received the transfer and request them to refund the Fund Transfer. Zapp will not reimburse you or reverse the Fund Transfer that you have made in error by yourself.

Safeguard your account

You agree to perform the following actions to safeguard your Zapp Account by:

1. not engaging in any of the Restricted Activities as described in Clause 15;
2. keeping the details of your Account and password secure;
3. not allowing other person to have access or use your Account, Transaction PIN or password details;
4. not revealing the details of your Account or password or Transaction PIN except when using the Services;
5. not creating your password in a way that can be understood by any other person;
6. not choosing a password that is made more memorable to you such as a sequence of letters or numbers that could be easily to guess with;
7. taking precautions to ensure that no other person has any knowledge on your password when you use it; and
8. complying with all reasonable instructions we may issue regarding on how you can safeguard your Account.

If you need a refund in respect of any fees or Payments made towards the Service or any part thereof, please contact Zapp at hellocs@i-serve.com.my. Subject to Zapp determining to its satisfaction that your Wallet Money was wrongly deducted from your Account for Payment by Zapp due to technical error of Zapp where your attempted Transaction has failed. Zapp may refund to your Account such Wallet Money which was wrongly deducted.

Zapp shall not be responsible to settle any dispute that you may have with the Participating Merchant for the purchased of goods and/or services using the Services. You shall be responsible to contact the respective Participating Merchants for a refund for goods and/or services purchased from the merchants. We shall not be liable in any disputes that you may have with the Participating Merchant.

Zapp shall not be liable or responsible to you and/or any other third party(ies) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenue, loss of profits or any consequential loss (even if Zapp has been advised of the possibility of such damages or even if such damage is foreseeable), that result from your use of Service and/or unauthorised access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Service or arising in connection with the fraudulent or unlawful acts.

Zapp reserves its right not to refund any disputed amount to you if Zapp believes you acted in contrary to these Terms and Conditions.

No refund shall be entitled to you in the event if your Account has been suspended, terminated or ceased by Zapp due to fraudulent, illegal or unlawful Transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013 and/or Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFA) or any regulation and/or guidelines made thereunder). It shall be lawful for Zapp to retain the balance amount or release to the relevant authorities the 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..

If you discover any error or discrepancy or unauthorised Transaction in your Account, you must notify us verbally or in writing to our Customer Service or any other channels as Zapp may notify you from time to time, within fourteen (14) days from the date of the disputed Transaction, failing which all entries shall be deemed to be accurate and binding on you.

Any disputes or complaints lodged by you must be supported with all relevant information and documents (if any). Zapp will investigate your disputes or complaints and revert to you on our decision within fourteen (14) days upon receipt of your disputes or complaints complete with all relevant information and documents (if any).

This Service is provided on an “as is” and “as available” basis. To the fullest extent permissible pursuant to the applicable law, Zapp disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to:

1. Availability, accessibility, timeliness and uninterrupted use of the Service;
2. Sequence, accuracy, completeness, timeliness or the security of any data, information provided to you as part of the Service; and
3. any implied warranty of merchantability, non-infringement and any course of dealing, custom or usage of trade with respect to the Service.

Zapp will use reasonable endeavours to ensure that the Service is secure and cannot be accessed by unauthorised third parties but does not warrant the security or confidentiality of any information transmitted through the Service or such other equivalent system in any jurisdiction via the Service. Zapp does not control, and is not responsible for controlling how or when our users use the Services or the features and interfaces in relation to the Services. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties.

To the fullest extent permissible pursuant to the applicable law, Zapp shall not be liable or responsible to you and/or any other third party(ies) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenue, loss of profits or any consequential loss (even if Zapp has been advised of the possibility of such damages or even if such damage is foreseeable), that result from your use of Service and/or unauthorised access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Service or arising in connection with the fraudulent or unlawful acts, or an act, default or omission of, or any representation made by, a person other than us, or resulting from a cause independent of human control.

Zapp is not responsible for any Transactions made through the Service. Any dispute, error and mistake in Transactions must be resolved between you and the transacting party.

Each party shall retain all rights, title and interest to its own intellectual property rights. We do not claim any intellectual property rights over the information and materials you provide to Zapp. By providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “IP Rights”) you have in that content or associated with your store in connection with our provision, expansion, and those assignees’, and those sub-licensees’ use of that content in connection with our provision, expansion, and promotion of the Services.

You represent and warrant that, for all such information and materials you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Terms and Conditions. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any IP Rights. Zapp takes no responsibility and assumes no liability for any contract provided by you or any third party.

All rights not expressly granted by Zapp to you in these Terms are hereby reserved by Zapp. There are no implied rights. You may not use, imitate, or copy in whole or in part, any Zapp trademark, service mark, trade dress, logo, or other branding without, in each instance, Zapp prior written consent, in Zapp’s discretion. All permitted use of IP Rights will inure to the benefit of Zapp.

As between the parties, the App and Services, including, without limitation, any and all software, documentation, images, video content, logos, page headers, custom graphics, design and user interface elements, scripts, and other materials contained therein or provided in connection therewith, and all modifications, enhancements and updates thereto, as well as all IP Rights associated with any of these materials are owned by Zapp and/or its third party sponsors, partners, and suppliers. You have no right or license in or to the Zapp’s IP Rights other than the right to use the Services, in compliance with the Terms, during the applicable subscription period.

If you decide to terminate/ deactivate the Account without misusing the Account for money laundering and/or any activity that facilitates money laundering or the financing of terrorist or criminal activities or any other illegal activities, you may only terminate / deactivate your account after you have zero Wallet Money in your Account.

If there is any Available Balance of Wallet Money in your Account upon termination / deactivation for any reason whatsoever, we may refund such Wallet Money to your bank account maintained with a financial institution in Malaysia after deducting any amounts owing to us in accordance with the applicable provisions in the Unclaimed Moneys Act 1965 (“Act”) regulating electronic money – in this respect, you are advised to ensure timeliness in respect of the timelines to obtain such refunds based upon the said Act. To obtain the refund, you must provide us with the correct bank account details and any other information as we may require to effect the refund within fourteen (14) days of our receipt of the required information.

You may terminate /deactivate your Account at any time by contacting our Customer Service at 03-76616211 or hellocs@i-serve.com.my. Our Customer Service representatives will assist to terminate / deactivate your Account and you will receive an email notification once completed.

You may not evade an investigation by terminating/deactivating your Account. If you terminate/deactivate your Account while we are conducting an investigation, we may hold your funds to protect Zapp, Zapp affiliates or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is terminated or deactivated.

Zapp reserves the right to terminate/suspend/cease your Account due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013 and/or AMLATFA or any regulation and/or guidelines made thereunder). It shall be lawful for Zapp to retain the balance amount or release to the relevant authorities the 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.

You are required to keep your Account and contact information updated at all times. Any Account found to contain incorrect and/or outdated information will be suspended.

It is the policy of Zapp to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. Zapp is committed to anti-money laundering compliances in accordance with applicable law and requires its directors, officers and employees to adhere to these standards in preventing the use of its products and services for money laundering purposes.

In connection with your use of the Account, you should not:

1. provide false, inaccurate or misleading information;
2. use the Account for any illegal activities, including online gambling, regardless of whether online gambling is permitted in the jurisdiction in which you are located;
3. use the Account in a manner that may result in complaints, disputes, claims, penalties or other liability to Zapp, other Users or third parties;
4. breach the terms of this Agreement, other related Zapp agreements or violate any applicable laws and regulations.

If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may take various actions, including but are not limited to the following:

1. suspend or restrict your access to the Service;
2. terminate this Agreement and refuse to provide the Service to you;
3. place a hold on to your Account balance if reasonably needed to protect against the risk of liability; or
4. take legal action against you.

Subject to any applicable laws and regulations, in the event that we discontinue providing the Services to you by reason of your breach of any applicable laws and regulations or this Agreement, we will refund any Available Balance Wallet Money of your Account in accordance with Clause 13.2 of this Agreement. Zapp reserves the right to charge an administrative fee for such refunds.

General

You are responsible for all reversals, chargebacks, claims, fees, costs, fines, penalties and other liabilities incurred by Zapp, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse Zapp, a User, or a third party for any and all such liability. Any instructions and/or confirmation given by you on your Account (whether verbal or in writing) once you have been authenticated will be relied on by Zapp. Zapp will not be responsible and liable for any loss or damage resulted by you or other person where Zapp acts on those instructions in good faith, until and unless it was proven that Zapp was found negligent in the act or omission.

Reimbursement for Your Liability

In the event that you are liable for any amounts owed to Zapp, Zapp may immediately remove such amounts from your Account balance. If you do not have a balance that is sufficient to cover your liability, your remaining balance (if any) will be removed, your Account will have negative balance up to the amount of your liability, and you will be required to immediately add money to your Zapp balance or reimburse Zapp through an alternative method. If you do not do so Zapp may engage in collection efforts to recover such amounts from you.

Actions by Zapp – Restricted Activities

If Zapp, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect Zapp, Affiliates, other Users, other third parties or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

1. deactivate, suspend, or limit your access to your Account or the Services;
2. refuse to provide the Zapp Services to you now and then;
3. hold your funds for a period of time reasonably needed to protect against the risk of liability to Zapp or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

Actions by Zapp – Account Deactivation, Termination of Service, Limited Account Access, Confidential Criteria.

Zapp, in its sole discretion, reserves the right to terminate this Agreement and/or access to the Services for any reason and at any time upon notice and payment to you of any unrestricted funds held in your Account balance. If we limit access to your Account, including through a Reserve or hold, we will provide you with a notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that Zapp’s decision to take certain actions, including limiting access to your Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users’ Accounts and the Zapp system. You agree that Zapp is under no obligation to disclose the details of its risk management or its security procedures to you.

This Agreement and/or operations of the Account maintained by us and/or the use of the Services are construed to be governed in accordance with the laws in Malaysia. We accept no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than Malaysia. The mere fact that you are able to access the Services through internet from a country other than Malaysia shall not be interpreted to imply that the laws of the said countries govern this Agreement and/or the operations of the Account through internet and/or the Services. You agree to abide by prevailing laws in respect of the Services applicable in Malaysia. It is your responsibility to comply with any regulation prevailing in the country from where you are accessing the internet.

All disputes shall be subjected to the jurisdiction/authority of the Courts in Kuala Lumpur (Malaysia). However, we may, in our absolute discretion commence any legal actions or proceedings arising out of these terms in any other court, tribunal or other appropriate forum, and you are hereby consenting to that jurisdiction/authority.