Terms of Use

TERMS OF USE

The following terms and conditions constitute an agreement between the User (as defined below) and AhaRetail Solutions Sdn. Bhd., Company Registration No.: 202401018053 (1563902-M) (“AhaRetail”, “we”, “our”, or “us”), the operator of the website located at the domain ahapay.my and the mobile application (collectively the “Platform”). Through the Platform, we offer the Customer (as defined below) the option to enter into an agreement (“Deferred Payment Agreement”) (as defined below) to make payment for Merchant Products (as defined below) via deferred payments (collectively the “Services”).

These terms of use (“Terms of Use”), together with our Privacy Policy located at the Platform (which is incorporated herein by reference, and collectively, this “Agreement”) govern your use of the Platform and the materials, functions and features offered on the Platform.

By using or otherwise accessing the Platform and/or the Services, you agree to the terms of this Agreement. If you do not agree with this Agreement, you must refrain from accessing or using the Platform and/or the Services and/or do not proceed to register a user account on the Platform. Please note that we offer the Platform and the Services "as is" and without warranties. You are required to register and authorise the use and disclosure of your information for purposes of allowing us to grant you access to the Platform and to provide the Services and as otherwise disclosed in our Privacy Policy at https://ahapay.my/privacy-policy.

1 Platform

For the purposes of these Terms of Use, the following definitions apply:

“Customer” means a customer of the Merchant.

“Merchant” means a participating retailer, merchant, store, or owner of website of online stores.

“User” means any user of the Platform and/or Services including the Customer and the Merchant

“you” or “your” means a User including both the Customer and the Merchant, unless otherwise specified.

1.1 The Platform and the Services allow you to participate as a User.

1.2 By using the Platform and/or Services, you understand and acknowledge that the Services available on the Platform are provided by AhaRetail. In respect of the Customer, from the point at which you submit your information on the Platform, you acknowledge that we act solely as an intermediary between you and the Merchants only.

1.3 We reserve the right to charge you any fee (as may be disclosed on the Platform) for your usage of the Platform and/or the Services.

1.4 We reserve the right to suspend and/or terminate your account at any time which will result in your inability to use the Platform and/or the Services.

1.5 Your continued use of the Platform and/or the Services or your registration of an account shall be deemed as an irrevocable acceptance of these Terms of Use and any such revisions thereto from time to time.

1.6 We reserve the right to change, modify, suspend or discontinue any portion of the Services and/ or these Terms of Use from time to time without notice to you.

2 Registration

2.1 To use the Services available on the Platform, you will be required to register on the Platform and create an account (“Account”) and agree to these Terms of Use.

2.2 In respect of the Customer, to register with us or use the Platform and/or the Services, you must:

(1) be an individual of 18 years old or over; (2) be capable of entering into a legally binding contract; (3) have a valid and verifiable email address and mobile number; (4) be an authorised holder of an eligible debit card, credit card or other payment method as may be accepted by us from time to time; (5) be a Malaysian citizen; (6) be physically present in Malaysia when making an Order.

If you do not qualify under these Terms of Use, do not use the Platform and/or the Services. By using the Platform and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.

2.3 As part of the registration process, you are required, where applicable, to provide your name, company name, national registration identity card number, company number, email address, phone number and such other information and documents as may be listed on the Platform and create a password. These are your registration details for accessing the Services that are only available to Users ("Registration Details").

2.4 You shall be solely responsible for always maintaining the confidentiality and security of Registration Details and your Account and must not disclose it to anyone else. You must immediately notify us if you have reason to believe that your password has been stolen and/or compromised by sending an email to [email protected]. In the event you fail to do so, you shall be liable for further purchases made using your Account.

2.5 You acknowledge that if your personal information is found to be inaccurate, untrue, or if you fail to promptly update it, we reserve the right to take the following actions:

(1) refuse to provide the Services and/or any other services to you; (2) terminate, suspend or partially discontinue your account(s) and/or your relationship with us; (3) implement any other actions deemed appropriate by us, as necessary.

Notwithstanding the above, we reserve the right to disallow you from registering on our Platform at our sole discretion.

2.6 You may request to close your Account at any time by submitting a request on the Platform or contacting us at [email protected]. We may take up to 30 calendar days to process your request. We reserve the right to disallow your request to close your Account at our sole discretion.

3 User Obligations

3.1 By registering for access to the Platform and/or use of the Services, you agree to abide by the following terms and conditions:

(1) you may only use the Platform and/or the Services for lawful, personal purposes and not for any purpose that is illegal or prohibited by these Terms of Use; (2) you are responsible for protecting the safety and security of any computer, mobile phone and/or any other equipment and/or hardware you use to access the Platform and/or the Services; (3) you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable; (4) you may not attempt to gain unauthorised access to the Platform and/or the Services, user accounts, computer systems or networks through hacking, password mining or any other means; (5) you agree to provide current, accurate and up-to-date information about yourself as required under these Terms of Use; (6) you agree not to post or transmit any unsolicited advertising or promotional materials or any chain messages or “spam”; (7) you will not infringe our intellectual property rights or those of any third party in relation to your use of the Platform and/or the Services; (8) you will not post or transmit any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware; (9) you will comply with all applicable laws; and (10) you accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and reserve the right to update this information at any time.

3.2 Any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your access and use of the Platform and/or the Services.

3.3 In respect of the Customer, you consent to and acknowledge that the Merchant has agreed to sell to us such debt or receivable due from you to the Merchant arising from an invoice issued from time to time by the Merchant for the supply of the Merchant products and services (“Merchant Products”) to you pursuant to the Deferred Payment Agreement entered into between you and us (including the right, if any, to claim and receive all payments and interests for any late payments thereunder, all of the Merchant’s contractual rights and interests against you thereunder and all remedies for enforcing the same).

3.4 You consent to and authorise us to conduct real-time checks and validations on your credentials, devices, relationships with other third parties and other historical data, and to make any inquiries necessary (whether directly or through third parties) and in respect of the Customer, to assess your capability to make the deferred payments under the respective Deferred Payment Structure (as defined below). You further authorise us to share such information with the Merchants or the Customers (as the case may be), our affiliates and/or any other third party as may be necessary for the provision of the Services.

4 Your Personal Information

4.1 We collect your personal information from the registration process, your use of the Platform and/or Services or through any other activities held on the Platform. Your personal data (as defined in the Personal Data Protection Act 2010) is collected and processed in accordance with the Privacy Policy at the Platform and you hereby consent to the processing of your personal data in accordance with the Privacy Policy. Further, you consent to and authorise us to report, disclose, or exchange any information and documents relating to your account(s) and/or affairs to the Inland Revenue Board Malaysia (“IRBM”) or any foreign tax authorities in compliance with any tax requirements as required by applicable laws.

5 Platform Maintenance

5.1 It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Platform and/or the Services, which may temporarily degrade the quality of the Platform and/or the Services or result in a partial or complete outage of the Platform and/or the Services. In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the Platform and/or the Services.

6 Orders

6.1 In respect of the Customer, when you elect to use the Platform and/or the Services as a means of payment for the Merchant’s Products, you are deemed to make an order with the Merchant (“Order”), which Order is subject to the Merchant’s and our approval. We may, at our sole discretion, deny the use of the Services for any purchases.

7 Payment

7.1 Once an Order is approved, depending on the instalment plan chosen by the Customer, the Customer may be required to pay an initial down payment between 0% to 33% of the Order price. Subsequently, the Customer may choose an instalment plan offered for the remaining sum due, subject to the Merchant’s and our approval, ranging from 1 month to 12 months (“Deferred Payment Structure”), wherein the Customer shall make monthly payments accordingly through the Platform to us (“Deferred Payment”).

7.2 Once you have chosen a Deferred Payment Structure and entered into a Deferred Payment Agreement, you are bound by the terms and conditions provided herein and any other terms and conditions as may be provided by us from time to time. We in our sole, absolute and unfettered discretion reserve the right to charge any fees, to implement or amend any additional fees charged for the Services or for the use of the Platform from time to time during the term of this Agreement. In the event of an increase of fees amount or implementation of any fees, such fees become applicable after 14 Business days’ notice is given to you. Fees charged are set out at the Payment Schedule of the Order.

7.3 In respect of the Customer, you agree to pay and accept sole liability for the full amount of the Order and any applicable service fees. Each Deferred Payment will be collected by charging your preferred payment method (“Payment Method”) on the due date(s) specified according to the instalment plan chosen pursuant to Clause 7.1.

7.4 In respect of the Customer, you acknowledge that the Payment Methods are provided by third parties and that we hold no liability in relation to the Payment Method. You further agree that you are bound by any rules of such third parties and are responsible for any fees charged by the same.

7.5 In respect of the Customer, you expressly consent to and authorise us to initiate recurring debit card, credit card and/or other transactions from the Payment Method in relation to any and all Orders made on the Platform.

7.6 If you default in payment of any sum payable under this Agreement to us when due in the manner provided in this Agreement, we shall be entitled to take such steps as we deem fit in our absolute discretion to recover such payment together with interest thereon at 5% per annum from the due date to the date of payment as a debt due from you and the costs and expenses incurred by us in the process thereof. The costs and expenses are set out at the Payment Schedule of the Order.

7.7 For the avoidance of doubt, the Customer shall be responsible for ensuring that sufficient funds are available in relation to the chosen Payment Method.

8 Refunds

8.1 In respect of the Customer, if you wish to return or discontinue a Merchant Product that has been purchased using the Platform and/or Services, and/or request for a refund, return, or replacement as may otherwise be permitted by law, such waiver, refund, return or replacement shall be subject to (i) the Merchant’s refund process and procedures; and (ii) our own investigation in relation to the relevant transaction.

8.2 Until the refund request has been processed through the Platform, the Customer will remain liable for the full payment of the Merchant Products.

8.3 In respect of the Customer, we may, at our sole discretion, vary the amount, manner and order to which the amount we have agreed to refund to you (“Refund Amount”). Please note that in the event of refunds, any applicable service fees may not be refunded to you.

8.4 While we will process refunds as soon as reasonably practicable, the timing to receive a Refund Amount will vary depending on the Payment Method. In respect of the Customer, you acknowledge that any Refund Amount due to you is subject to handling methods outside our control and agree not to hold us responsible for any delays in relation to the same.

8.5 Notwithstanding the above, you acknowledge and agree that we may set-off or deduct any Refund Amount against any outstanding Deferred Payments that would otherwise be payable to the Merchant and/or us under the Deferred Payment Agreement.

9 Fraudulent or Suspicious Activity

9.1 If we believe that you have engaged in any potentially fraudulent or suspicious activity, we reserve the right to take the following actions:

(1)We may close or suspend our Services to you, and/or suspend the processing of any Order indefinitely; (2)We may hold your funds for a reasonable period of time.

10. Intellectual Property Rights

10.1 Copyright and/or other intellectual property rights in the Platform and the content therein (including designs, texts, graphics, logos, icons, user interfaces, visual interfaces, digital downloads, data compilations, and software) (“Content”) is owned or licensed by us and/or our associated companies and/or its third-party licensors. You acknowledge that the Platform, the Services and any underlying technology or software used in connection with the Platform and/or the Services contain the proprietary information of our, our associated companies and/or its third-party licensors. Except as expressly authorised by these Terms of Use, you may not in any form or by any means:

(1)adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Platform; (2)commercialise any information, products or services obtained from any part of the Platform; (3)modify, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or use any part of the same to provide or incorporate into, any product of service provided to a third party; or (4)downloading or storing the Content.

Subject to the foregoing restrictions, we grant you a non-exclusive, non-transferable, revocable license to use the Platform solely for your permitted use of the Services only through the Platform.

10.2 Nothing on the Platform and/or Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other of our intellectual property displayed on the Platform. Any Trademark shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Platform and/or Services, without prior written permission from us.

10.3 If you use any of our, our associated companies or our third-party licensor’s trademarks, rights in internet domain names and Platform addresses and other rights in trade names (“Trademarks”) in reference to our activities, products or services, you must include a statement attributing the Trademarks to us. You must not use any of the Trademarks:

in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; and/or in a manner which disparages us or our information, products or services (including the Services).

11 Links to Other Sites

11.1 The Platform and/or the Services may contain links to other websites (“Linked Websites”). Such links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with the Linked Websites. The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.

11.2 We reserve the right at all times and our discretion to disable any unauthorised links or frames from the Platform.

12 Disclaimer

12.1 You release us, our directors, employees, agents and service providers from all liability for you having acquired or not acquired the Content through the Platform and/or the Services. We make no representations concerning any Content contained in or accessed through the Platform and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform and/or the Services. We make no representations or warranties regarding suggestions or recommendations or endorsements of services or products offered or purchased through the Platform and/or the Services.

12.2 Save and except for any implied warranties which cannot be contracted out by law, we hereby disclaim all warranties, with respect to the Platform and the Services, including without limitation any warranties that the Platform and/or the Services is merchantable, of satisfactory quality, accurate, fit for a particular purpose or need. We do not guarantee that you will be able to access or use the Platform and/or the Services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the Platform and/or the Services or any other data or information provided or received through Platform and/or the Services. Except as expressly set forth herein we make no warranties about the Platform and/or the Services or any other security associated with the transmission of sensitive information. We do not warrant that the Platform and/or the Services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Platform and/or the Services are free of computer viruses, contaminants or other harmful items.

12.3 Notwithstanding anything contained herein, if you are dealing as a consumer under the Consumer Protection Act 1999 (“Act”) (consumer shall have the meaning prescribed to it by the Act, “Consumer”):

(1)we give you such implied warranties under the Act that cannot be excluded by the Act; (2)these Terms of Use are only intended to exclude or limit the remedies and rights you may have under the Act to the maximum extent permitted by law; and (3)nothing in these Terms of Use are intended to exclude or limit our liability to you for any loss or damage arising from the negligence on our part or breach of any express terms contained herein or implied by any applicable law, including the Act which cannot be excluded by law.

12.4 Save and except for the foregoing, these Terms of Use shall apply to all users of the Platform and/or Services.

13 Limitation of Liability

13.1 In no event shall we be liable to you (or to any third party claiming under or through you) for any loss or damages howsoever arising, including without limitation, any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use the Platform and/or the Services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses even if we knew or should have known of the possibility of such damages.

13.2 In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the Platform and/or the Services regardless of the form of action, exceed any fee for the use of the Platform and/or Services paid by you.

14 Indemnification

14.1 You agree to indemnify, defend, and hold harmless us, our agents and service providers, from and against any loss, damage or cost (including legal fees) incurred by us arising out of your access or use of the Platform, including, without limitation, the Services, the Content or any other information accessible over or through the Platform and/or the Services, any content submitted by you or your violation of these Terms of Use, or any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third-party rights (including, but not limited to, claims in respect of defamation, breach of confidence, infringement of copyright or infringement of any other intellectual property right).

15 Termination

15.1 We may terminate and/or suspend your registration immediately, without notice, if there has been a breach of this Agreement or other policies and terms posted on the Platform or through the Services by you or by someone using your Account or it is illegal or not in the public interest to continue providing you with access to the user account on the Platform for any reason whatsoever. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. We shall not be liable to you or any third party for any loss or damage suffered by or arising out of any termination of your access to the Platform and/or the Services. Further, you agree not to attempt to use the Platform and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register). Notwithstanding anything contained in this Agreement, any provisions of this Agreement which are capable of having effect after the termination of your registration shall remain in full force and effect following the termination of your registration.

16 General

16.1 Amendments to These Terms of Use

We reserve the right to amend these Terms of Use and the other documents consisting of the Agreement, and to modify, add or discontinue any aspect, content of feature of the Services, at any time. The amended terms will be posted on the Platform or we may also attempt to notify you via electronic mail, or by any other means. You can determine when this Agreement was last revised by referring to the “AS AT” legend on the top of these Terms of Use. Changes will take effect immediately from the issuance of such notice except as provided in Clause 7.2 and your continued access to and/or use of the Platform following the issuance of such notice shall constitute your agreement to be bound by these Terms of Use or other applicable Agreement, as amended. If at any time you choose not to accept these Terms of Use, including following any such modifications hereto, then you must stop using the Platform.

16.2 Severability

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the meaning of such Terms of Use shall be construed to the fullest extent allowed by the law so as to render the provision valid and enforceable, and if no such construction is possible, the remaining terms and conditions shall nevertheless continue in full force and effect.

16.3 Communication

If you wish to make any query, communication or complaint, please send your query, communication or complaint by email to us at the following or such other manner as we may notify you from time to time:

Attention: Customer Support Email: [email protected]

You consent to receiving communication from us electronically and you agree to our use of electronic communication to enter into agreements and communicate with you in accordance with the Electronic Commerce Act 2006.

16.4 Dispute

Both of us will endeavour to resolve amicably any dispute arising out of this Agreement and/or other documents in connection thereto within 30 days of receipt of a written notice from any one of us to the other, failing which, Clause 16.5 below will apply.

16.5 Governing Law

This Agreement shall be governed by, and construed in accordance with, the laws of Malaysia. Any dispute arising out of or in connection with this Agreement and/or other documents in connection thereto, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by the Courts of Malaysia. The Courts of Malaysia shall have exclusive jurisdiction.

16.6 Non-waiver

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

16.7 Entire Agreement

This Agreement and any supplemental terms, policies, rules and guidelines posted through the Platform and/or the Services, including the Privacy Policy, and in respect of the Merchant, the Merchant Agreement, constitute the entire agreement between you and us and supersede all previous written or oral agreements.

16.8 Headings

The headings in this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

16.9 Non-assignment

You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

We are authorised to transfer or assign this Agreement or any of its rights thereunder to a present or future affiliate or pursuant to a merger, consolidation, reorganization or sale of all or substantially all of the assets or business, or by operation of law, without your consent.

16.10 Use of Cookies

We, our agents and service providers may place, view and/or use cookies, Web server logs, web beacons or other similar technologies to collect statistical and other information about your use of the Platform and other websites.

You have the option to block your browser from accepting cookies. However, if you choose to block cookies from our website, please note that some website features may not function properly or effectively.

16.11 Languages

In the event of any inconsistencies between the English version of the Content of the Platform and the version of the Content of the Platform in any other language, the English version of the Content of the Platform shall prevail. We disclaim any and all liability howsoever arising from or in respect of any use or misuse of or reliance on the versions of the Content of the Platform in other languages.