2. DEFINITIONS AND INTERPRETATIONS
2.1 Definitions
Unless the context otherwise requires, the following words and expressions shall have the following
meanings: -
“Affiliate” means any person or entity controlling, controlled by, or under common control of a company. "Control" means the ownership of the equity shares carrying fifty percent (50%) or more of the votes exercisable at a general meeting (or its equivalent) of a company.
“Agreement” or “Merchant Service Agreement” collectively means: -
a) this Merchant Terms and Conditions/ Merchant Terms;
b) Merchant Registration Form;
c) Merchant Onboarding Form;
d) any terms and conditions provided by Third Party Payment Provider; and
e) all applicable forms, schedules, and/or annexes.
“Appropriate Authority” or means (i) the federal government of Malaysia, (ii) any state government, or local government, (iii) any agency, authority or instrumentality of any of the foregoing, including any court, tribunal, department, bureau, commission or board, or (iv) the relevant authority in a foreign country, if applicable.
“Charges & Fees” collectively means any or all charges including but not limited to Deposit, Lekir Tech subscription fee, registration fees, onboarding fee, customisation fee, maintenance fee, our charges, charges payable to Third Party Payment Provider, and/or any other payment payable by you to us as specified in your Charges Schedule.
“Charges Schedule” means the schedule included in the Merchant Onboarding Form setting out the Charges & Fees, as amended or updated from time to time.
“Claim” means any demand, claim, action, proceeding or investigation.
“Confidential Information” means: -
(a)
any information, whether in written or any other form, which has been disclosed by the Disclosing Party to the Receiving Party in confidence; and
(b)
any information, whether in written or any other form, which has been disclosed by the Disclosing Party to the Receiving Party and which by its nature ought to be regarded as confidential which may or may not have been disclosed to the other party under the Agreement, pursuant to the Agreement or otherwise in connection with the Agreement; or that becomes available to the Receiving Party during the term of the Agreement (regardless of whether it is marked in writing as “confidential”), such information to include Settlement Report, Personal Data, information about Consumer, Transactions, Merchant Onboarding Form, Charges & Fees, Settlement Cycle Schedule, Merchant Change Form, Merchant Rate Change Notice, trade secrets and business sensitive information.
“Credit Rating” means information about your credit worthiness, credit standing, credit history or credit capacity.
“Credit Reporting Agency” means a person who carries on a credit reporting business and is registered under the Credit Reporting Agencies Act 2010.
“Consumer” means any end-user who makes any payment to you for goods or services purchased, bills payment, or otherwise makes payment to you through the use of the Service.
“Deduction” means and includes (where applicable): -
(d)
fines or fees pass on to us by Third Party Payment Provider;
(e)
Third Party Payment Provider charges; and/or
(f)
goods and services tax or any other tax of similar nature;
“Deposit” means a sum which you may be required to pay by way of a deposit and as security for the due observance and performance of the provisions of the Agreement, as may be specified in the Merchant Onboarding Form.
“Disclosing Party” means the party disclosing Confidential Information.
“Gateway Service” means electronic payment methods, such as credit or debit card, and/or FPX online banking, provided by Third Party Payment Provider, that allows you to affect transactions.
“Lekir Tech” or “we” or “us” or “ours” means Lekir Tech Sdn Bhd.
“Lekir Tech Website” means the website owned and/or managed by us (as amended from time to time) currently accessible at www.Lekir Tech.com, excluding any external website to which the website points by way of hyperlink or otherwise.
“Lekir Tech Portal” means an administration and reporting tool made available to you via online as part of the Service.
“Law” means Financial Services Act 2013, Bank Negara Malaysia Foreign Exchange Administration Rules, Unclaimed Moneys Act 1965, Anti Money Laundering and Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities 2001, Consumer Protection Act 1999, PDPA, Penal Code, and any law (whether domestic or international), statute, code, rule, guidelines, notices, ordinance, regulation, directive, order, judgment, writ, injunction or decree, and includes any changes in the application or interpretation thereof.
“Losses” means any and all costs, judgments, fees, fines, damages, disbursements, penalties, liabilities, assessments, awards, direct losses, including, out of pocket costs or expenses (including interest, penalty, investigation, legal fees on a solicitor and client basis, accounting or other professional fees, and other costs or expenses reasonably incurred in the investigation, collection, prosecution and defence of any action and amounts paid in settlement) incurred in connection therewith.
“Merchant-Customer Dispute Process Schedule” means the process of resolving any dispute raised by Consumer with you, made available on Lekir Tech Website, as amended or updated from time to time.
“Merchant Bank Account” means a bank account nominated by you and approved by us which we may debit or credit with payments in respect of Transaction and in respect of payment of Charges & Fees.
“Merchant Change Form” means the form provided by us to subscribe to add-on services and/or update your details and information.
“Merchant Onboarding Form” means onboarding of a Merchant form which also sets out the services subscribed, additional information, and includes Charges Schedule, Settlement Cycle Schedule, and any other additional terms and conditions.
“Merchant Rate Change Notice” means the notice in such form provided by us informing you of the changes relating to the Charges & Fees.
“Merchant Registration Form” means the form provided by us (including by way of Lekir Tech Website) and completed in respect of you together with the information requested by us to satisfy Know Your Consumer (KYC) requirements and to allow assessment of your application and ongoing suitability as a business to receive Service from us.
“Merchant Settlement Process Schedule” or Settlement Process” means the process of Settlement made available on Lekir Tech Website, as amended or updated from time to time.
“Personal Data” shall have the same meaning as in the PDPA.
“PDPA” means Personal Data Protection Act 2010 and includes its subsidiary legislations, standards and codes of practice.
“Platform” collectively means Lekir Tech Website, Lekir Tech mobile application, our Social Media, and/or any platforms (whether known now or in the future) made available by us from time to time to provide you with Service.
“Promotion” means a special promotion made by us in connection with the Service during the promotional period.
“Promotional Sign” means banners, pamphlets, names or designs approved by us and provided to you from time to time.
“Receiving Party” means the party receiving Confidential Information.
“Refund” means reimbursement or reversal, whether in full or partial, to a Consumer of an earlier Transaction between the Consumer and you.
“Service” collectively means any service provided by us to you, including Digital Wallet Payment Service, Gateway Service, Promotion, and/or any other services made available by us and subscribed by you.
“Service Start Date” means the date on which we start supplying that Service to you and is ready and available for your use, whether or not you are using it.
“Settlement” means payment or transferring of funds by us to a Merchant Bank Account based on the Settlement Report less Deduction.
“Settlement Cycle Schedule” means the schedule included in the Merchant Onboarding Form setting out the completion of Settlement on such time and frequency agreed between the parties.
“Settlement Report” means Transaction history and all relevant information relating to the Transaction obtained from Lekir Tech Portal.
“Third Party Payment Provider” means a financial institution or owner of the channel to which we will route Transaction data for authorisation, clearing and settlement.
“Transaction” or “Transact” or “Transacted” means any transaction between you and Consumer using our Service for the supply of any goods or services from you and any transaction for the Refund of such purchase.
“you” or “your” or “yours” means an entity in the form of any structures which may include but not limited to sole proprietor, partnership, body corporate or governmental bodies and agencies, incorporated under the laws of Malaysia, who acquire the Service as a merchant as described in the Merchant Registration Form and Merchant Onboarding Form.