Legal Agreements

Introduction and Declaration 

By downloading the BigPay App, applying for the Card and/or by retaining, using or authorizing the use of the Card and/or the BigPay App, you hereby warrant, represent and declare that:

 

(a)     you are at least eighteen (18) years of age; you are a Malaysian citizen or a Malaysian permanent resident or a foreigner legitimately residing or gainfully employed pursuant to a valid working visa and with  a valid mailing address in Malaysia; you are not from a sanctioned country; you have not been blacklisted by any financial institutions, licensed banks or e-money issuers in Malaysia or abroad; you are not included in our internal lists and the relevant money laundering and terrorism financing information sources, as well as global lists or databases provided by local or foreign authorities (including but not limited to Bank Negara Malaysia), United Nations Security Council Resolutions (UNSCR), Office of Foreign Assets Control (OFAC); you  are not listed as a Specially Designated National (SDN); you are not included in lists or databases as provided or recommended by the Financial Action Task Force (FATF) and/or such other lists as may be issued from time to time by the relevant government agencies; all  information provided by you is true, correct and complete;

 

(b)    you acknowledge and agree that at any time should any of the representations, warranties and/or declarations above cease to be untrue or we discover to be untrue or that you have misrepresented the same, we shall be fully entitled at our sole and absolute  discretion to suspend, block or terminate any Transaction(s) undertaken by you (if already undertaken) whereby there will be no refunds of the Transaction amounts or any applicable fees being refunded to you, and to take further and appropriate action which may include suspending, blocking and/or terminating your Card, without any liability to you howsoever; and

 

(c)     you further acknowledge and agree that in order for us to provide you with the services, benefits, offers and privileges related to the Card, to manage your Card and Card Account, to facilitate the use of your Card and the processing of any transaction effected or to be effected through the use of your Card, the sharing, transfer, retrieval, updating and processing of your personal information as well as the creation of member profiles and user accounts and updating of personal details may occur between BigPay, our parent, ultimate shareholder, our related companies, subsidiaries, associates and/or affiliates, our licensees, assignees, proposed assignees, representatives, agents, vendors, service providers (including partner networks), merchants, strategic partners, commercial partners, third party contractors, any regulatory authorities (including Bank Negara Malaysia and such other authorities or bodies having jurisdiction over us), credit reporting agencies (including but not limited to CTOS), card schemes or payment network operators, and any other parties engaged by us to enable or assist us in the provision of services to you or to exercise or enforce our rights hereunder and/or any other party whomsoever as we may, to the extent at our sole and absolute discretion deem fit and necessary, within and beyond Malaysia, as stated in our Privacy Policy and you have consented to the same; and that you have read, understood and accepted the terms and conditions contained in this Agreement and in connection with the use of the Card, and that they are legally binding on you.

 

 

Usage Restrictions

The issuance of the Card is subject to certain conditions and usage restrictions. Notwithstanding all other conditions and restrictions stated in this Agreement, by downloading the BigPay App, applying for the Card and/or by retaining, using or authorizing the use of the Card and/or the BigPay App, the following terms apply:

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• You may only have one active Card Account from which you can conduct Transactions.

• We may at any material time decide not to process your request or Transaction especially if we suspect you are or may be involved in money laundering, terrorism financing, fraudulent or illegal activities.

• We will not process your request or Transaction if we find that you are from a high risk country, if you have been blacklisted by any financial institutions, licensed banks or e-money issuers in Malaysia or abroad, if you are included under our internal lists and/or the relevant money laundering and terrorism financing information sources, as well as global lists or databases and information provided by local or foreign authorities (including but not limited to Bank Negara Malaysia), the United Nations Security Council Resolutions (UNSCR), Office of Foreign Assets Control (OFAC), Specially Designated Nationals (SDN), politically exposed persons (PEP), relatives or close associates of PEPs (RCA), if you are  included under any lists or databases as provided or recommended by the Financial Action Task Force (FATF) and/or such other lists as may be issued from time to time by the relevant government agencies.

• The acceptance, processing and/or settlement of any Transaction conducted by you with the Card is subject to the acceptance of the same by Mastercard or the Merchant concerned. You agree that you will not hold us liable for any losses or damages resulting from Mastercard’s or the Merchant’s decision not to accept, process, execute  or settle any Transaction conducted by you.

• You shall not provide any false, inaccurate or misleading information or refuse to cooperate in any investigation or refuse to provide confirmation of your identity or any information requested by us.

• You shall only use the Card to effect Transactions for personal reasons. You shall not utilize the Card for commercial or illegal purposes. If we reasonably suspect or discover that you are using the Card to conduct transactions, for or on behalf of a business or other non-human entity or for illegal purposes, we may, in our sole and absolute discretion, cancel your Transaction and/or block, suspend and/or terminate your Card without any liability to you howsoever.

• You may not use the Card for any improper or illegal purpose, such as money laundering, terrorism financing, unlawful activities, illegal on-line gambling, illegal purchase of controlled substances or prescription medication, purchase of firearms or explosives, fraud, prostitution or child-trafficking or financial support of terrorists or terror-supporting organizations.

• You acknowledge that BigPay is not liable for your use of the Card for any commercial purposes, including without limitation any risks associated with the purchase of goods or payment for services of any kind such as losses you may suffer for undelivered or defective goods and services you pay for using the Card.

• You may not use any automatic device, or manual process to monitor or copy the Mobile App.

• You undertake that you are the sole and rightful owner of any funds you apply towards a reload or top-up of funds to the Card and that the top-up sources for loading of your Card shall be from your personal source of funds. You may not use any funding source for which you do not have authority to use for top-up or reload of the Card.

 

You acknowledge and agree that should you violate any of the conditions or restrictions abovementioned, we shall be fully entitled at our sole and absolute discretion to terminate any Transaction(s) undertaken by you (if already undertaken) whereby there will be no refunds of the Transaction amounts or any applicable fees being refunded to you, and to take further and appropriate action which may include suspending, blocking and/or terminating your Card, without any liability to you howsoever.

 

 

Applying for the Card and Customer Due Diligence 

The Card is only available for those who are aged eighteen (18) years and above, who are Malaysian citizens or Malaysian permanent residents or foreigners legitimately residing or gainfully employed pursuant to a valid working visa and with a valid mailing address in Malaysia. If you are below 18 years or are not a Malaysian citizen, Malaysian permanent resident or foreigner legitimately residing or gainfully employed pursuant to a valid working visa and with a valid mailing address in Malaysia, you are not eligible for the Card.

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You may apply for the Card via the Mobile App. We may however introduce other channels for application of the Card from time to time (i.e. authorized sales channels or sales booths).

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When you apply for the Card, you must provide all the information as required by us during the registration process, accept the Terms and Conditions of the Card (which includes payment of  applicable fees, if any) in order for your application to be successfully processed. You will also need to top-up the initial amount onto your Card (i.e. the minimum top-up). We will not be able to process any applications for the Card or mail or deliver your Card to you if the minimum top-up has not been reloaded by you or not received by us.

 

If you do not reload the minimum top-up (whether via the Mobile App or offline channels, if applicable) within the stipulated time period as may be specified by us from time to time, we shall treat your application as an invalid and void transaction, and you will then have to make a new application for the Card.

 

The BigPay Card comes with a Card Limit approved by us for you and is subject to the requisite Customer Due Diligence (CDD) and Know-Your-Customer (KYC) verification and approval by us.

 

CDD is a mandatory requirement under the Applicable Laws for any party that applies for the Card. Accordingly, in addition to the information BigPay collects from you at the point of Account application and registration for your Card, usage of the Card may require you to provide BigPay with additional information and/or documentation before we can approve your application or before you can conduct any Transactions.

 

Such additional information may include information or documentation that will enable us to  verify or re-verify your identity, including but not limited to your payment or funding sources, Visa or Employment Pass (if you are a foreigner) and so on. We may verify or re-verify your identity via electronic know-your-customer (e-KYC) processes. Where required, we may also obtain information about you from other sources whether directly or through public and private third parties (including credit reporting agencies), in order to verify your identity, your credit history (where required) and to ascertain the accuracy of information provided by you. We are also required under the Applicable Laws to screen all individuals who use or intend to use the Card against our own internal lists and the relevant money laundering and terrorism financing information sources, as well as global lists or databases provided by local or foreign authorities for the purposes of determining if there are any money laundering or terrorism financing risks in relation to the such individuals.

 

We further reserve the right to reject, terminate and/or decline your Card application at our sole and absolute discretion and/or if our records show that you have had a bad account with us in the past in relation to any type of prepaid card issued by BigPay or if any of your previous prepaid card(s) or prepaid card account(s) issued by BigPay has been monitored by us due to unusual, irregular, suspicious, fraudulent and/or unauthorized activities or suspected misuse, or has been blocked, cancelled or terminated by us in relation to the same. We may refuse, decline and reject applications by any customer who has been blacklisted by us, Bank Negara Malaysia (or any other regulatory authority), credit reporting agencies or the relevant card payment networks. If we ascertain that you are included in any of the respective lists, including but not limited to, being from sanctioned or high risk countries, being included under the United Nations Security Council Resolutions (UNSCR), Office of Foreign Assets Control (OFAC), if you are deemed to be a Specially Designated National (SDN), if you are included as a politically exposed person (PEP), family member or close associate of a PEP (RCA), or if you are included under any lists as provided or recommended by the Financial Action Task Force (FATF) and/or such other lists as may be issued from time to time by Bank Negara Malaysia, the relevant government agencies or any other regulatory authority, we may, at our sole and absolute discretion decline your application (or suspend, block or terminate your Transaction or Card, if the same has already been approved).Whilst the application for the Card is open to all customers who meet the eligibility criteria, we reserve the right to reject ANY application for the Card and/or to decline to issue a Card at our sole and absolute discretion without assigning any reasons whatsoever, and our decision shall be final and conclusive.  

 

It is a condition of your application for the Card that all of the personal information provided by you during the application for the Card is true, correct and complete at all times, and BigPay shall not be held liable nor responsible for any error or omission made by you, which may result in any loss suffered by you, card cancellation or any other financial discrepancies or losses on your Card Account. In the event we find that you have created a forged application or used forged data or documents in your application for the Card, we shall block, cancel or terminate your application or Card immediately without any prior notice to you, and we shall be entitled to retain any balances of funds in your Card account (including the Joining Fee) and we shall not be held liable for any loss or damage suffered by you for the same. We shall further be entitled to take any action against you as may be deemed necessary or as may be required under governing laws or by the relevant governing authorities, including reporting you to the relevant governing authorities.

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Fee and Charges

By entering into this Agreement, you agree and undertake to pay all fees arising out of and in connection with the use of your Card pursuant to this Agreement, which may include amongst others, joining fee (if applicable), account service fee, currency conversion fee, cross border transaction fee, ATM withdrawal fee for local and overseas, replacement card fee, charges for SMS Alert, sales draft retrieval fee, charges for load or reload of value, and such other fees and charges related to the Card as we may prescribe from time to time. We reserve the right to revise such fees or to charge additional fees (if applicable) for new services (which are optional) which may be offered by us from time to time. All fees paid to or in connection with the Card to us are non-refundable under any circumstances whatsoever. In addition, if we are unable to charge any applicable fees on the Card (including, but not limited to, account service fees for dormant or inactive accounts for a particular month) due to the fact that there are no balance of funds on the Cardholder’s Account for that particular month, then we reserve the right and shall be entitled to retrospectively charge those said applicable fees upon or once the Cardholder has topped the Card up and Account has sufficient balance of funds.

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Please always check the Fee & Charges schedule in the Mobile App and/or Website and/or as stated in the Product Disclosure Sheet (available on the Mobile App or Website) for the full details of the latest fees and charges applicable to the Card. 

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Card Limit

The Card Limit is the maximum amount of money that can reside in your Card Account at any point of time. The Card Limit may vary according to the BIG Prepaid Card product type that you have applied for. You cannot load or top up funds in excess of the Card Limit that has been stipulated for the Card and approved by us for you.

Irrespective of whether you are issued the Virtual Card and the BigPay Card, you will have the same Card Limit and one Card Account only. Both the Virtual Card and BigPay Card are tied to one and the same Card Account.

Applications without the minimum top-up cannot be processed or approved until the same has been made and all valid and legitimate ID Documents have been received and/or verified by BigPay. BigPay reserves the right to approve or decline any applications for whatever reason(s) at our sole and absolute discretion, and such decisions shall be final and conclusive.

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Conditions of RM20k Card Limit

You may top-up your Card to the maximum RM20k being the approved Card Limit but you cannot carry out or conduct Card Transactions and Transactions (including cash withdrawals, P2P, remittance and so on) in excess of RM10k due to certain regulatory requirements and restrictions at this juncture. You can only carry out Card Transactions and Transactions (including cash withdrawals, P2P, remittance and so on) subject to the maximum limit of RM10k.

 

Notwithstanding the above and the Card Limit, certain Cardholders may only be able to top-up their Card to a maximum of RM10k. This could be due to certain usage restrictions that are required to be imposed due to regulatory requirements, monitoring of any irregular activities or transactions in respect of the Cardholder’s Account or due to the Cardholder’s transactional behavior.

 

In addition, if the Cardholder’s mobile phone is on (or operated on) an old IOS or Android version, due to certain security issues, the Cardholder will not be able to top up his/her Card to the maximum Card Limit and can only top-up to the maximum of RM10k.

 

We further reserve the right to set limits, thresholds and/or restrictions as may be required to your Card Limit (including in respect of your top-up or maximum top-up amount, Card Transactions and Transactions) from time to time which shall be determined at our sole and absolute discretion.

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Delivery of the Card

Once your application is approved your BigPay Card will be delivered to you within fourteen (14) working days after we have received your minimum top-up (and your supporting ID documents have been received and verified by us). Please ensure you have stated the current and correct mailing address in your application details to avoid your Card being sent to the wrong address. We shall not be responsible in the event of any error in your application or if you have keyed in wrong mailing address details or if you have not received your Card due to the fact that the mailing address details given by you are wrong, inaccurate, not up to-date or not complete. We shall further not be responsible if we have sent your Card to the mailing address as stated in your application details and in our records but you have not received your Card.

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You must have a mailing address in Malaysia to enable us to process and approve your application. Mailing addresses outside Malaysia and addresses bearing P.O. Box numbers will be rejected and we will not process or approve such applications. 

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In exceptional cases, and on a case-to-case basis, if your Card is returned to us, and you thereafter wish to collect your Card directly from us, you may do so (upon our notification and arrangement for a suitable date and time) but you must bring along your original identification documents for Card collection purposes. Only you, the Cardholder (as named in the application details) can personally collect your Card.

 

Once you have received or collected your Card, you must sign the signature panel on the back of the Card. But whether you sign the Card or not, you are fully responsible for complying with all the terms and conditions of this Agreement and you shall be bound by them in connection with your use of the Card. We shall further not be responsible nor liable to you for any discrepancy between the signature appearing on the Card and the corresponding sales slip or if for any reason(s) any transaction conducted with the Card is not accepted. You agree and understand that any discrepancy between the signature appearing on the Card and the corresponding sales slip shall not by itself be a ground for disputing the validity of the sales transaction.

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Activation of the Card

You must activate your BigPay Card first before you can use it to make any Transactions. You can activate your BigPay Card in the Mobile App.

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Top-up to Card Account

The minimum top-up or additional value may be topped up to your Card via the available Top-Up Channels. Top up of funds to your Card Account can only be in Ringgit Malaysia. Top-up sources should  be from your personal source of funds. 

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We may, from time to time, at our sole discretion or as may be deemed necessary, impose limits on the amount that can be topped-up to your Card Account or a minimum top-up amount for each top-up transaction or as may be required by law. You cannot top-up your Card in excess of the maximum Card Limit which has been stipulated and approved for your Card. We shall not be responsible or held liable for any disputes (or loss) in relation to any excess funds if you attempt, have attempted or actually topped-up in excess of the maximum Card Limit, and we reserve the right to take any action that we may deem necessary, including blocking, suspending and/or terminating and cancelling your Card if we find you have persistently attempted to do so, despite the Card Limits stipulated for the Card.

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In the event of any excess funds reloaded by you, we will either refund the excess amount by cheque or by depositing it into your local bank account (provided you have given us your bank account details) or via other channels as determined by us or credit the same back into your Card Account if your balance has dropped sufficiently at our sole and absolute discretion and in accordance with our internal company policies. Note that even if you have topped up your Card account in excess of the Card Limit, you can still only transact and use the Card up to the maximum of the Card Limit.

 

Notwithstanding and irrespective of the above, we reiterate and remind you that you can only reload and top up your Card subject to the limitations or maximum Card Limit(s) that have been stipulated, approved and/or imposed by us, and we reserve the right to take any action as we deem necessary or even terminate and cancel your Card in relation to non-adherence of the same. In addition, we reserve the right to debit your Card for any funds which have been topped up to your Card in excess or erroneously.

 

All reloads and/or top ups of funds shall not be considered to have been made until all relevant funds have been received and processed as good value by us. Reloading of additional value to the Card may be delayed until we have actually received and processed the actual payment. During such delay, the amount transferred by you will not be available for you to use on your Card. We reserve the right to accept or reject any request to top-up additional value to the Card or any reload transaction made to the Card. You agree that we shall not be liable to you in the event of delay in any loading or crediting of funds into your Card Account where such delay is not attributable to our fault.

 

For all our available Top-Up Channels, please refer to the Mobile App for details. Our Top-Up Channels are not exhaustive and may change or be replaced from time to time. For Top-Up Channels operated by our authorized agents or partners, please note that a fee may be levied by the respective agents or partners. We may also charge a fee, if applicable. Please refer to the Fees & Charges for all applicable fees. 

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Payment Source and Auto Top-up   

In the event you intend or have subscribed to the Auto Top-up function which we provide or may provide, you hereby confirm, consent and irrevocably authorize us: (i) to add, save or link your Payment Source in order to top-up your Card via the Auto-Top-up feature in the App; (ii) to retain, record and use the relevant data of the Payment Source for the Auto Top-up function; and (iii) to automatically charge and debit your Payment Source for the preset reload amount whenever the Auto Top-up function is utilized and/or activated. 

 

You further agree and undertake to comply with the terms and conditions imposed by the issuer of the Payment Source in respect thereto. 

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Validity

The Card is valid for the period as stated on the face of the Card. After the expiry period, you will be issued with a new Card unless otherwise instructed by you or as otherwise determined and/or declined by us. Without prejudice to the foregoing, the renewal of a new Card by us for you upon the expiry period shall be at our sole and absolute discretion. We may decline any renewals or requests for replacement Cards at our sole and absolute discretion, and our decision shall be final and conclusive.

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Cardholder

The Cardholder is the individual who personally applies for and has been issued the Card. As a Cardholder, you will be able to transact at all designated Mastercard merchants worldwide, make retail purchases at locations displaying the Mastercard acceptance mark, carry out online transactions, top-up up your Card at our available top-up channels, make ATM withdrawals at selected locations, access and view your Card Account balance and transaction history on the Mobile App and carry out all other functions associated with the Card. 

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Use of the Card

Once your Card application is approved, you will first be issued with a Virtual Card. You may view the details of the Virtual Card on the App and you may use the Virtual Card immediately (once you have topped -up the Virtual Card with sufficient funds) for E-commerce Transactions. You will be issued with the BigPay Card thereafter which will be delivered to you and will need to active your BigPay Card before you can use it for Card Transactions.

 

All BigPay Cards are issued with contactless functionality and are MasterCard PayPass and Visa payWave enabled. Once the BigPay Card is activated and you have topped-up the Card with sufficient funds, you may start to use the BigPay Card to purchase goods and services worldwide anywhere a MasterCard or Visa card is accepted (depending on which Card Scheme your Card is under) and also to access cash at ATMs or financial institutions displaying the MasterCard or Visa name and/or logo (depending on which Card Scheme your Card is under).

 

Each time you use the Virtual Card or the BigPay Card to purchase goods or services, you authorize us to deduct your funds from your Card Account.

 

The Card is non-transferable and shall only be used exclusively by you as the Cardholder. Your Card shall not be pledged by you as security for any purpose whatsoever. You shall not give the Card or your Card Account number to other third parties or allow them to use it for charges, identification or any other purpose. If you do so, you will be liable for all charges made with the Card as a result thereof. You also cannot use your Card for business and/or commercial purposes which are deemed to be illegal or unacceptable by us and we shall be entitled to block the authorization for the use of the Card for such activities.

 

Your Card usage in respect of the Card Limit is subject to the ‘Conditions of the RM20k Card Limit’. If you opt for any optional services provided by us (if applicable), then you may have to maintain a minimum amount as specified in connection with the use of those services. We may further set certain limits and thresholds for specific use categories (within the Card Limit) which you cannot exceed whether daily, monthly or so on. We may further refuse any Transaction and Card Transaction or limit the amount to be transacted either on a per transaction or aggregated basis at any time and for.

 

You should frequently review your Card Account to check and verify your Available Balance before using your Card. You must always ensure that there are sufficient funds in your Card Account to pay for each transaction and to cover the total amount transacted on your Card Account, including purchases, recurring transactions, cash withdrawals, fees and other charges. If the total amount in your Card account is insufficient, your transaction will be declined and in the case of recurring declined transactions, you would have to make your own arrangements for payment with the recurring merchant. If you have not paid any of the fees (as may be applicable), your Card cannot be used and we will be entitled to block, suspend and/or to terminate your Card account.

 

Without prejudice to the above, we shall not be responsible for the refusal of any Merchant or member institution of the Card Scheme to honor or accept your Card.

 

All transactions conducted with your Card will only be reflected and posted to your Card Account after they have been submitted by the respective Merchant or acquiring bank and processed by the Card Scheme’s payment network to BigPay.

 

Take note, as part of our CDD requirements and security monitoring process, BigPay reserves the right to review your Card Account activities and any Transaction at any point in time in order to protect you and your funds and to ensure the validity, safety and security of your Account against money laundering, terrorism financing, fraudulent or illegal activities. As a provider of financial services, BigPay also plays an important role in the fight against financial crime, money laundering and terrorist financing activities and as a result, the Applicable Laws require us to obtain, verify and record personal and private 10 information about our customers and to conduct periodic account reviews. These processes often include steps that involve additional verification and validation of identity, payment or funding sources and instructions, and of other Transaction information which may require us to contact you further for the relevant information, which may result in delay in the processing of a Transaction until such verification and validation is satisfactorily completed. In the event that your Transaction is subject to any process for additional verification and/or validation (including AML compliance checks), your Transaction may be put on hold while we collect and confirm the source of the funds and complete the verification and validation process.

 

We reserve the right to refuse to process Transactions for certain individuals, including without limitation, individuals from sanctioned or high risk countries, individuals who have been blacklisted by any financial institutions, licensed banks or e-money issuers in Malaysia or abroad, individuals who are included in our internal lists and the relevant money laundering and terrorism financing information sources, as well as global lists or databases provided by local or foreign authorities (including but not limited to Bank Negara Malaysia), the United Nations Security Council Resolutions (UNSCR), Office of Foreign Assets Control (OFAC), or who are deemed as Specially Designated Nationals (SDNs), included under any lists or databases as provided or recommended by the Financial Action Task Force (FATF) and such other lists as may be issued from time to time by relevant government agencies. We may also refuse to process any Transaction on behalf of individuals that may appear on any list of politically exposed persons (PEPs) or that are family members or considered close associates of such PEPs (RCAs).

 

If the Card is used in a manner other than as permitted by this Cardholder Agreement, to the extent permitted by law, we may, at our option and without waiving any of our rights, recognize the transactions and debit or credit the Card accordingly. Online betting and/or gambling activities are prohibited and you agree that we do not owe you any duty and/ or obligation whatsoever to monitor and block the use of the Card for any unlawful activities. If we do find that your Card has been used for unlawful or fraudulent activity, we shall be entitled to suspend, block and/or terminate the use of the Card immediately without prior notice to you. Notwithstanding the above, BigPay reserves the right to block, suspend or decline any Transaction at its sole and absolute discretion.

 

We reserve the right to suspend, revoke and/or block any reloads or top ups to your Card which we discover and/or which we have been informed by any third parties (including the police, Bank Negara Malaysia, Mastercard and/or other banking institutions or other relevant parties) to be irregular, suspicious, illegal or unauthorized, and we shall be entitled to take any action against you as may be deemed necessary for such transactions, including blocking suspending and/or terminating your Card and Card account.

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Mobile App

You will be solely responsible for your own personal Card account settings, and BigPay shall not be held liable for any errors or losses incurred or suffered by you as a result of any personal settings or information set or keyed in by you in the Mobile App.

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Card

Your Card is and shall at all times remain our property and shall be surrendered to us immediately upon our request and may be repossessed by us at any time. By applying for and subscribing to the Card and/or by retaining, using or authorizing the use of the Card, you agree and undertake:- (a) not to use the Card to purchase illegal goods or services or to use it for any unlawful and/or fraudulent activities; (b) to promptly notify us of any loss or theft of the Card; and (c) to abide by and to only use the Card strictly in accordance with the terms and conditions of this Cardholder Agreement.

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Card Services and/or Products

More than one service, offer or program may apply to your Card at the same time. We may from time to time also introduce new services, offers or programs in relation to the use of your Card including but not limited to promotional offers, activities or campaigns. Supplemental terms may also apply to the BigPay Card from time to time in respect of a such services, offers, programs, activities or campaigns,We will tell you the terms and conditions (or any additional supplemental terms and conditions) of such services, offers or programs at the time of the introduction of the services, offers or programs (if any). The terms and conditions (or additional supplemental terms and conditions) of such services, offers and programs are binding on you as if the same are contained here.

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SMS Alert Service

We may provide and/or implement a SMS alert service for your Card (subject to your Card being in good standing and/or not suspended or blocked by us). If we implement this service, alert notifications will be sent via Short Messaging Service (“SMS”) at our discretion based on pre-determined criteria(s) as follows: (a) first card usage alerts; (b) transactions alerts, both local and overseas, above a certain value; and (c) suspicious or irregular transaction alerts. The SMS alert service is subject to the terms of your agreement with your mobile phone service provider. You shall ensure that your mobile phone and number are able to receive text messaging both in Malaysia and overseas, and you shall be personally responsible for any fee imposed by your respective mobile phone service provider.

 

Each SMS alert will not be encrypted and may include details pertaining to your Transaction(s). You are responsible for the security of your mobile phone. We shall not be liable in any way to you (or any third party) should any SMS alert be viewed or accessed by persons other than you, the Cardholder. We shall not be liable for any or all losses, damage, expenses, fees, costs (including legal costs on a full indemnity basis) that may arise, directly or indirectly, in whole or in part, from (a) the non-delivery, the delayed delivery, or the misdirected delivery of an SMS alert; (b) the non-receipt of an SMS alert; (c) inaccurate or incomplete content in an SMS alert; (d) reliance on or use of the information provided in an SMS alert for any purpose; or (e) any third party, whether authorized or not, obtaining your Card account information contained in the SMS alert by accessing the your mobile phone.

 

An SMS alert does not constitute a record of the Card Account or Card transaction to which it pertains. We do not assume any additional responsibility or obligation in respect of the use of, or any transaction or eventuality involving, the Card Account. The SMS alert service does not free you from the responsibility of safeguarding the physical security and authorized use of your Card or Card Account, and it does not entail that BigPay will automatically be liable for any unauthorized Transaction(s) that may be charged to the Card Account. The SMS alert service may be subject to a fee. Please refer to our Fee and Charges on the Mobile App or our Website for any charges that may be imposed for the SMS alert service. Any additional terms and conditions applicable to the SMS alert service shall be binding on you and shall apply in addition and not in substitution to the terms and conditions contained herein. 

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Disputed Transactions – Goods/Services

We are not responsible and shall not be liable for the goods and services (including their delivery, performance, merchantability or fitness for purpose) purchased with your Card, whether at the Merchant’s premises, written instructions sent by mail, email, facsimile, telephone order, online via the internet or any other means by which you have authorized the use of your Card for the purchase of goods and services. We are further not responsible for the delivery, quality, safety, legality, fitness for purpose or any other aspect of the goods or services (including any defects or deficiency in any goods or services) purchased by you from Merchants with your Card. All disputes involving the same should be addressed directly to the Merchants from whom the relevant goods and services were purchased. You agree to settle all disputes directly with the Merchant who honored your Card or the member institution of MasterCard concerned and you shall pay us all amounts required under this Agreement despite such disputes. You shall not be entitled to set-off or counterclaim against us or to withhold payment to us on account of such complaint or under any circumstances whatsoever in respect of your claim against the Merchant or the member institution of MasterCard. You shall not initiate any claim or take legal action against us for any claim you have against the Merchant or for any issues with regards the delivery, quality, safety, legality, fitness for purpose or any other aspect of the goods or services purchased by you from the Merchant.  

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You must key-in your 6-digit personal identification number (“PIN”) for verification instead of signing a transaction slip when making payment at point-of-sale terminals for transactions you make with domestic or overseas merchants using your PIN-enabled Card. By entering your PIN or other identifying number or password at an electronic banking facility, you indicate your acceptance that the transaction amount is correct. You should ensure that the transaction amount is correct before you enter your PIN or other identifying number or password at an electronic banking facility. In addition, BigPay reserves the right to block, suspend or decline any Transaction at its sole and absolute discretion. 

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E-commerce Transactions

If you use your Card for e-commerce transactions to purchase goods and/or services through the online internet sites or third party mobile apps, you shall be solely responsible for the security of such use at all times. You agree that the entry of your Card information on the internet or via such third party mobile apps shall be sufficient proof of the authenticity of such instructions. We are under no obligation to verify the identity or the authority of the person entering your Card information and we shall not be liable for acting on such use of your Card regardless of whether the person is authorized or unauthorized and regardless of the circumstances prevailing at the time of the transaction. However, we reserve the right not to process any such transaction over the internet or via third party mobile apps if we have any reason to doubt its authenticity or if in our opinion it is suspicious in nature, unlawful or otherwise improper to do so or for any other reason. Notwithstanding the above, BigPay reserves the right to block, suspend or decline any Transaction at its sole and absolute discretion. For all transactions processed via the two factor authentication mechanism or 3D secure, we shall not entertain any disputes from you with regards to the fact that you did not authorize or participate in the transaction nor will you be able to raise a chargeback claim for such transactions which have been processed under the two factor authentication or 3D secure mechanism. In such cases of two factor authentication or 3D secure transactions, we will only allow chargeback due to no authorization, processing errors, service not rendered and other card acceptance violations as stipulated in the MasterCard card chargeback rules.

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Cash withdrawal and/or ATM Transactions 

You may obtain cash withdrawals of such amounts by presenting your Card at MasterCard participating institutions together with evidence of your identification and signing the necessary transaction record or using your Card at ATMs under the MasterCard payment network or the ATM of any other bank or institution carrying the MasterCard logo, in which case the withdrawal shall be subjected to the withdrawal limit imposed by us or the bank, whichever is lower. 

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Any withdrawal made outside Malaysia will be in the currency of that particular country or jurisdiction. For all international transactions via ATM and/or any member institution of MasterCard, the exchange rates (if applicable) shall be the prevailing exchange rates which shall be determined by MasterCard and all such transactions shall not violate the laws existing in the country where the transactions are done. The use of your Card to obtain a cash withdrawal shall be deemed to constitute your agreement to pay all applicable fees and/or charges as prescribed from time to time. You cannot make ATM withdrawals in excess of the limits set by the respective ATM networks. 

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For the purposes of effecting cash withdrawal using the Card at any ATM under the Mastercard payment network, you must use your 6-digit PIN. You may set and change the PIN through the Mobile Appor any other mode as determined by us from time to time.

 

BigPay reserves the right to block, suspend or decline any cash withdrawal or ATM transactions at our sole and absolute discretion.

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Contactless Payments 

Contactless Payment allows you to pay amounts up to RM250 without entering your PIN on applicable Contactless Readers. You can pay at applicable Contactless Readers which are contactless enabled.

 

The first time you make a Contactless Payment, you will be asked to enter your PIN. After that, you can pay amounts up to RM250 via the Card’s contactless functionality.When you make a Contactless Payment, you must check the amount and hold your Card against the Contactless Reader. The Contactless Reader will show whether the payment has been successful.

 

We may also require other activation and/or authentication procedures as we may at our sole and absolute discretion prescribe from time to time. When you tap, wave or touch your Card against the Contactless Reader, you are giving authorization for the transaction to be charged to your Card Account and for funds to be deducted from your Card in respect of the said transaction.

 

Cardholder’s may use the Card to effect any number of Contactless Payments on Contactless Readers provided that the value of such Contactless Payment(s) does not exceed the daily limit of RM250. For the avoidance of doubt, the Cardholder cannot use the Card for any Contactless Payment which exceeds the daily limit of RM250. The Cardholder must enter his PIN for any transaction in excess of RM250.

 

After a number of payments, you may be asked to enter your PIN again for security reasons. If Contactless Payments are made after your Card has been lost or stolen, it will be treated in the same manner as stated in the ‘Disclosure of loss of PIN, or Loss, Stolen, or Unauthorized Use of Card’ section below.

 

You cannot use the contactless function of the Card or make Contactless Payments for card-not-present transactions, online transactions, e-commerce transactions, recurring bill payments, cash advance transactions, funds transfer transactions, transactions performed or to be performed at any ATM. The Card also cannot be tokenized on mobile devices for any forms of Contactless Payments.

 

Any usage of a Card at any Contactless Reader, if and where permitted by BigPay shall be subject to such terms and conditions as BigPay and MasterCard may agree from time to time.

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Security of PIN

You must keep your PIN strictly confidential and you should never disclose your PIN to any person under any circumstances or by any means whatsoever. You should not keep any written record of your PIN at any place or in any manner which may enable a third party to have access to it and/or make use of your Card. Failure to comply with this requirement will expose you to the consequences of theft and/ or unauthorized use of your Card, for which we will not be in any way be responsible or liable to you. You shall hold us free from all claims and liabilities from all parties whomsoever arising from the use of your PIN whether authorized or otherwise

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Disclosure of loss of PIN, Loss, Stolen, or Unauthorized Use of Card

You shall be and remain liable to us for any goods and services supplied by the merchants and cash withdrawals through the use of your Card whether or not you have authorized such usage. You shall use all reasonable precautions to prevent disclosure of the PIN to any unauthorized person or the loss, theft or unauthorized use of your Card.

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In the event of disclosure of your PIN to any unauthorized person or the unauthorized use of your Card or your Card is lost or stolen, you must immediately freeze your Card via the Mobile App. Alternatively, you may call our Customer Service to cancel your Card Account. You Card will be blocked once you have “frozen” it in the Mobile App. Alternatively, if you call our Customer Service, we will block your Card upon receipt of your notification. You should then send a confirmation in writing to us. As a matter of prudence, we advise you to lodge a police report immediately to substantiate your claim.

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We may at our discretion on a case-to-case basis ask you for a copy of the police report confirming the incident. If we do indeed require the police report, and you are not able to provide us with a copy, we may not be able to proceed with our investigations and we shall not be responsible or be held liable for any disputes or loss suffered by you in relation to any transactions incurred from unauthorized usage of the Card. You shall be and remain liable for all transactions incurred from unauthorized usage of the Card, where investigations made by us or the police reveal that you are a party in the procurement of any merchandise or services from the merchants effected through the use of the Card by the use of any unauthorized person. You shall be liable for such unauthorized transaction before we receive written notification of the loss or theft. We may at our absolute discretion, resolve that your liability be limited to RM250 provided you are not found to be negligent or have not acted fraudulently.

 

We shall not be responsible and shall not be liable for any transaction as a result of the loss or theft or misuse of the Card, occurring prior to you reporting the loss or theft of the Card to us.

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Without prejudice to our rights and notwithstanding that you may have exercised all reasonable precaution to prevent the loss or theft or unauthorized use of your PIN or your Card, and you have reported the loss or theft or unauthorized use thereof, you shall remain liable to us if you have acted fraudulently or if you were involved in the procurement of goods or services supplied by any merchant, cash advance or ATM transactions through the use of your Card by any person or if you have failed to inform us upon discovering that your PIN or Card has been lost or stolen or used for purposes unauthorized by you.

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If you later find the lost or stolen Card, you should not further use the Card but shall cut it into half and dispose of it immediately or return the same to us. Upon the loss or theft of your Card or upon discovery that an unauthorized person or persons have acquired knowledge of the PIN or use of your Card not authorized by you, you may request us to issue a replacement Card and we shall have the right at our sole discretion to accept or to refuse such request without having to assign any reason whatsoever. We are under no obligation to issue a replacement Card automatically following its loss or theft.

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Any replacement Card will be subjected to a replacement card fee, unless waived by us at our sole discretion. If we approve your request for a replacement Card, and upon proper verification, we will issue a new Card to you with a new account number. The balance of funds from your previous lost or stolen blocked Card Account will be transferred to the new Card Account accordingly. If we do not issue you a replacement Card, the balance in your lost or stolen Card will be refunded to you (less any applicable fees and charges including bank charges) after fourteen (14) business days via cheque or by depositing it into your bank account (provided you have given us your bank account details) or in any other manner in accordance with our internal policies. BigPay will refund Available Balances in Ringgit Malaysia only.

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Card to Card Transfer

You can only transfer funds from your Card to another BigPay Cardholder. The maximum daily transfer limit is RM2,000. Please refer to the Mobile App to find out more about this feature.

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