BIGPAY LITE - TERMS AND CONDITIONS

This document is the contract between you, the Customer and BigPay Malaysia Sdn Bhd (“BigPay”), the Issuer, owner and operator of the e-wallet account with a lower purse limit and restricted use case (commonly known as “BigPay Lite”) and contains the terms and conditions governing the use of  BigPay Lite which is binding on you.   

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By applying for, retaining, using and/or authorizing the use of BigPay Lite, you agree to these Terms and Conditions, as well as our Privacy Policy. Do not sign up or apply for BigPay Lite if you do not agree to be bound by any of our terms and conditions.  

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Definitions

For ease of reference, the following definitions will apply:

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“Agreement” or “Terms and Conditions” means these terms and conditions;

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“Applicable Laws” means the applicable laws governing the provision of e-money and the issuance and/or use of Big Pay Lite including but not limited to the Financial Services Act 2013 (FSA), the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFA), Guidelines on Electronic Money issued by Bank Negara Malaysia (BNM) and all other applicable laws governing the issuance, provision and use of e-money and your BigPay Lite Account;

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“Account”, “BigPay Lite” or “BigPay Lite Account” means your virtual / e-wallet account with a lower purse size limit which is issued and operated by BigPay;

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“Account Limit” or “Purse Limit” means the maximum regulatory limit and maximum amount of funds that can be retained as your available balance for use (at any point of time) in your BigPay Lite Account being RM2,999.00 or any other amount as approved by us;

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“Account Transactions” means all E-commerce transactions effected through the use of your BigPay Lite Account;

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“Available Balance” means the actual amount of funds available at any time for usage in your Account;

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“AirAsia Move App”, “Move App” or “Move Mobile App” means the AirAsia Move mobile application operated by our affiliate, Move Travel Sdn Bhd (formerly known as AirAsia Com Travel Sdn Bhd) where you can register and apply for BigPay Lite;

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“Customer” means you, an individual who has personally applied for BigPay Lite and has been granted and issued the Account by BigPay;

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“E-commerce Transactions” means all transactions effected through the use of your BigPay Lite Account, i.e. the purchase of goods and services over an electronic network;

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“E-money” means the electronic money associated with your Account, a scheme for the issuance of electronic money (‘e-money’) as a designated payment instrument under the provisions of the Financial Services Act 2013;

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“ID documents” means your personal identification documents that we may request from you from time to time;

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“Issuer”, “BigPay”, “we”, “us” and “our” means BigPay Malaysia Sdn Bhd, the issuer and operator of BigPay Lite or anyone we assign our rights to;

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“Merchant” means our affiliate, Move Travel Sdn Bhd (formerly known as AirAsia Com Travel Sdn Bhd) (“AirAsia Move”) or any other sub-merchants authorized or included by AirAsia Move within the AirAsia Move mobile application and website, within AirAsia Move’s ecosystem and within the AirAsia Group ecosystem;

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“Payment Source” is where you choose to add, save or link payment or funding sources such as online banking methods, debit or credit cards or other funding sources as authorized by us in order to top-up your Account;

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“Top-Up Channels” means any reload channels (as authorized by BigPay) that you can use to make the initial top-up and/or subsequent top-ups to your Account;

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“Transactions” means e-commerce transactions made with your BigPay Lite Account; 

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 “You”, “your”, “yours” or “customer” means you, the Customer.

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Introduction and Declaration

By applying for BigPay Lite and by retaining, using and/or authorizing the use of your Account, you hereby warrant, represent and declare that:

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(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 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;

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(b)        you acknowledge and agree that at any time should any of the representations, warranties and/or declarations herein 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 to you, and to take further and appropriate action which may include suspending, blocking and/or terminating your Account, without any liability to you howsoever; and

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(c)        you further acknowledge and agree that in order for us to provide you with the services, benefits, offers and privileges related to your BigPay Lite Account, to manage your  Account, to facilitate the use of your Account and the processing of any transaction effected or to be effected through the use of your Account, 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 and Move Travel Sdn Bhd (formerly known as AirAsia Com Travel Sdn Bhd), our parent, our ultimate shareholder, our affiliates, related and associate companies and/or subsidiaries, our licensees, assignees, proposed assignees, representatives, agents, vendors, service providers (including partner networks), merchants, commercial partners, third party contractors, any government and 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),  network 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 Account, and that they are legally binding on you.

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Usage Restrictions

BigPay Lite is subject to certain conditions and usage restrictions. Notwithstanding all other conditions and restrictions stated in this Agreement, the following terms apply:

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

·       Your BigPay Lite Account has a lower purse size limit and a restricted use case i.e. it is only meant for payments within the AirAsia Move and AirAsia Group ecosystem. 

·       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 Account is subject to the acceptance of the same by the Merchant. You agree that you will not hold us liable for any losses or damages resulting from 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 Account to effect Transactions for personal reasons. You shall not utilize the Account for commercial or illegal purposes. If we reasonably suspect or discover that you are using the Account 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 Account without any liability to you howsoever.

·       You shall not use the Account for any improper, illegal, unlawful or fraudulent activities or purposes, 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 Account 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, cancelled or defective goods and services you pay for using the Account.

·       You undertake that you are the sole and rightful owner of any funds you apply towards the top-up of funds to the Account and that the top-up sources for loading of your Account 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 Account.

·       You can only have your Account opened on one device at all material times.

·       You must only use the Account in accordance with the terms and conditions of this Agreement.

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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, and to take further and appropriate action which may include suspending, blocking and/or terminating your Account, without any liability to you howsoever.

Applying for BigPay Lite and Customer Due Diligence

Eligibility: individuals aged eighteen (18) years and above, 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.

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You may apply for BigPay Lite via AirAsia Move’s mobile application operated by our affiliate, Move Travel Sdn Bhd (formerly known as AirAsia Com Travel Sdn Bhd). We may however introduce other channels for application of the Account from time to time (i.e. authorized online or offline sales channels or sales booths).  

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When you apply for BigPay Lite, you must provide all the information as required by us during the registration process, accept the Terms and Conditions (which includes payment of applicable fees, if any) in order for your application to be successfully processed.    

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BigPay Lite comes with a lower Account Limit approved by us for you and is subject to simplified Customer Due Diligence (CDD) and Know-Your-Customer (KYC) verification and approval by us.

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

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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) or manual 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.

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We are also required under the Applicable Laws to screen all individuals who use or intend to use the Account 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 including the Financial Action Task Force (FATF) for the purposes of determining if there are any money laundering or terrorism financing risks in relation to the such individuals.

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We further reserve the right to reject, terminate and/or decline your Account 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 account 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) 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 Account, if the same has already been approved) or apply certain controls or thresholds in respect of your Account. Whilst the application for the Account is open to all customers who meet the eligibility criteria, we reserve the right to reject ANY application for the Account at our sole and absolute discretion without assigning any reasons whatsoever, and our decision shall be final and conclusive.

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It is a condition of your application for the Account that all of the personal information provided by you during the application for the Account 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, Account cancellation or any other financial discrepancies or losses on your Account. In the event we find that you have created a forged application or used forged data or documents in your application for the Account, we shall block, cancel or terminate your application or Account immediately without any prior notice to you, and we shall be entitled to retain any balances of funds in your Account (including the joining fee, if applicable) 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 Account pursuant to this Agreement, which may include amongst others, joining fee (if applicable), top-up charges, and such other fees and charges related to the Account as we (or our partners) may prescribe from time to time. We reserve the right to revise such fees or to charge additional fees (if applicable) including 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 Account to us are non-refundable under any circumstances whatsoever. In addition, if we are unable to charge any applicable fees on the Account (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  your  Account for that particular month, we reserve the right and shall be entitled to retrospectively charge those said applicable fees upon or once the  you have topped-up the Account and the Account has sufficient balance of funds.

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Account Limit

The Account Limit is the maximum amount of money (being your available balance for use) that can reside in your Account at any point in time. You cannot top up funds in excess of the Account Limit that has been stipulated for your Account and approved by us for you.

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 RM2,999 Account Limit

You can only top-up your Account to the maximum approved Account Limit. You can only carry out Transactions subject to the maximum monthly limit of RM2,999 and an annual limit of RM60,000. We may increase the Account Limit (for example, to RM4,999) and will notify you of any changes to the Account Limit once the same is approved and implemented. Unless we inform you otherwise, your Account Limit is maintained at RM2,999.

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

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Issuance of BigPay Lite Account

Once your application is approved, you will be issued with a BigPay Lite Account.

Your BigPay Lite account has a lower purse size limit and a restricted use case i.e. it is only meant for payments within the AirAsia Move and AirAsia Group ecosystem. 

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Top-up to BigPay Lite Account

The minimum top-up or additional value may be topped up to your Account via the available Top-Up Channels. Top up of funds to your Account can only be in Ringgit Malaysia. Top-up sources must 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 Account or a minimum top-up amount for each top-up transaction or as may be required pursuant to regulatory requirements. You cannot top-up your Account in excess of the maximum Account Limit which has been stipulated and approved for your Account. 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 Account Limit, and we reserve the right to take any action that we may deem necessary, including blocking, suspending and/or terminating and cancelling your Account if we find you have persistently attempted to do so, despite the Account Limits stipulated.

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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 tale any other action as may be required in accordance with our internal company policies.

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Notwithstanding and irrespective of the above, we reiterate and remind you that you can only reload and top up your Account subject to the limitations or maximum Account Limit(s) (including any restrictions in respect thereof for certain  customers) 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 Account in relation to non-adherence of the same. In addition, we reserve the right to debit your Account for any funds which have been topped up to your Account in excess or erroneously.

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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 Account 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 Account. We reserve the right to accept or reject any request to top-up additional value to the Account or any reload transaction made to the Account. You agree that we shall not be liable to you in the event of delay in any loading or crediting of funds into your Account where such delay is not attributable to our fault.

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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 our Fees & Charges for all applicable fees.

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Validity

The Account is valid until terminated by you or by us for whatever reasons as determined by us in our sole and absolute discretion.

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Use of the Account

Once your Account is approved, you may top up your Account with funds and use your Account for E-commerce Transactions within the AirAsia Move and AirAsia Group ecosystem via AirAsia Move’s mobile applicator and/or website respectively.  

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

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The Account is non-transferable and shall only be used exclusively by you. Your Account shall not be pledged by you as security for any purpose whatsoever. You shall not give access to the Account or your 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 Account as a result thereof. You also cannot use your Account 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 Account for such activities.

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Your Account usage in respect of the Account Limit is subject to the ‘Conditions of the RM2,999Account 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 Account Limit) which you cannot exceed whether daily, monthly or so on. We may further refuse any Transaction and Account Transaction or limit the amount to be transacted either on a per transaction or aggregated basis.  

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

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Without prejudice to the above, we shall not be responsible for the refusal of Merchant to honor, accept or process your Transactions.

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All transactions conducted with your Account will only be reflected and posted to your Account after they have been submitted for processing by the Merchant or acquiring bank.

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As part of our CDD requirements and security monitoring process, BigPay reserves the right to review your 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 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.

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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).

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If the Account is used in a manner other than as permitted by this 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 Account accordingly. If we do find that your Account has been used for unlawful or fraudulent activity, we shall be entitled to suspend, block and/or terminate the use of the Account 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.

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We reserve the right to suspend, revoke and/or block any top ups to your Account which we discover and/or which we have been informed by any third parties (including the police, Bank Negara Malaysia 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 Account.

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We shall not be liable or responsible to rectify, adjust, fix or recover any amounts from your Account for any Transaction(s) made by you (whether due to your error, negligence or otherwise) if the said Transaction has been properly authenticated. We shall further not be held liable or responsible for the debiting of any funds from your Account due to an error caused by you or as a result of your negligence (and we are not to be held liable for the recovery of such funds) if the said Transaction(s) has been properly authenticated.

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Auto Debit

If you opt for the auto-debit feature, you hereby instruct or authorize us to deduct any amounts from your Account in respect of any Transactions (which may include deferred or installment payments) you need to make to Merchant(s), we will proceed in accordance with your instructions and authorization to deduct or auto debit your Card Account on the stipulated date(s) (where applicable) for payment to the Merchant(s) in respect of the  stipulated amount. 

SMS Alert Service

We may provide and/or implement an SMS alert service for your Account (subject to your Account 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 Account usage alerts; (b) transactions alerts, 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 Customer. 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 Account information contained in the SMS alert by accessing the your mobile phone.

An SMS alert does not constitute a record of the Account or 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, your Account. The SMS alert service does not entail that BigPay will automatically be liable for any unauthorized Transaction(s) that may be charged to your Account. The SMS alert service may be subject to a fee. Please refer to our Fee and Charges for any charges that may be imposed for the SMS alert service.

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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 Account, 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 Account 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 Account. 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 Transaction 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. 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.  

For the avoidance of doubt, we are not responsible or liable for any products or services that you purchase with BigPay Lite on the AirAsia Move App or website or within the AirAsia Group ecosystem. You must deal with AirAsia Move directly for any queries, complaints or disputes in respect thereto. We will not be liable for any loss or damage that you may suffer for products or services that you have purchased via the AirAsia Move App or website or within the AirAsia Group ecosystem.

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E-commerce Transactions

If you use your Account for E-commerce transactions to purchase goods and/or services through the Merchant’s mobile app or website, you shall be solely responsible for the security of such use at all times. You agree that the entry of your Account information on the internet or via the Merchant’s mobile app 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 Account information and we shall not be liable for acting on such use of your Account 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 the Merchant’s mobile app 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.

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Disclosure of Passwords, Unauthorized Access

If you wish to update your profile and personal data, including but not limited to, mailing address, contact details, phone numbers, email address, and other personal particulars, you may do so by contacting our Customer Service. We may from time to time first verify your identity through the security protocols established by us (and which may be changed from time to time at our sole and absolute discretion) before your profile and personal information can be updated. You shall at all times keep all your passcodes, passwords and security codes, security questions, security answers (including but not limited to those used for verification and authorization purposes and for access into your Account) secret and you shall use all reasonable precautions to prevent disclosure of the same to any unauthorized person, or third party. We shall not be responsible and shall not be liable for any loss suffered or in relation to the transactions on your Account or for any unauthorized transactions on your Account, if you disclose any of your passwords, security codes, passcode or any of your personal details to unauthorized parties or third parties.

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Transaction History

Your transaction history comprises of the details of your Transactions and other relevant information with respect to your Account.

All entries in the transaction history are deemed true and accurate unless you inform us of any error, exception, dispute or unauthorized transaction within forty (40) days from the date of the transaction. If we do not receive any written notification from you concerning any error in the transaction history within the stipulated time frame, the transaction history shall be deemed true, complete and accurate, and you shall then be deemed to have accepted the entries in the transaction history made up to the date of the last entry in the transaction history as final and conclusive.

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In the event the investigations and verifications conducted by BigPay reveal that the disputed transaction(s) was (were) accurate, genuine and properly authorized by you, then you, the Customer shall be liable for all the disputed transaction(s).

⠀

You, the Customer further agree to indemnify us, BigPay against all other costs, expenses & charges that BigPay may incur in the verification processes of the disputed transactions.

⠀

If you dispute any transactions stated in your history transaction, we may in our absolute discretion and as deemed fit conduct any investigation(s) regarding the disputed transaction(s) wherein the following shall apply: If our investigation(s) reveal or indicate that you are liable for any of the disputed transaction(s), we shall be entitled to levy the following charges: an investigation charge as we may deem fit to charge; from the date of the disputed transaction(s) until the finalization of our investigation(s). No investigation charge(s) shall be levied in the event that the investigation(s) reveal that you are not liable for any of the disputed transaction(s). Our findings in any investigation conducted in relation to your Account shall be conclusive, final and binding on you and shall not be opened for questioning in any event.

⠀

We further reserve the right to make necessary monetary adjustments to your Account to correct or align the Account’s balance with the true reflection of its status. This includes, but is not limited to, any internal error or technical issue which may result in your Account being credited with extra funds which we would need to adjust or rectify. You may seek clarification on such adjustments, but your Account (and/or Transaction History) shall reflect the amounts as adjusted by us of which such adjustments shall be deemed as conclusive.

⠀

Events of Default by Customer

We may suspend, block, revoke and/or or terminate your Account and/or any of the services offered to you with or without prior notice notwithstanding that we may have waived our rights on some previous occasion upon the occurrences of any or more of the following events, including but not limited to:–

⠀

if payment of any sum of money is due from you to us at any time under the  Account; or if you use your Account for any unlawful activities such as online betting and/or gambling activities; or if you commit or threaten to commit a default or breach of any agreements, covenants, stipulations, terms or conditions set out in this Agreement; or if you have furnished false information, data or documents to us; or if in our absolute opinion, your  Account has not been operated satisfactorily or used for fraudulent purposes; or if we have noticed irregular, suspicious or unauthorized activity on your Account; or if an event or events has or have occurred or a situation exists which should or might in our opinion prejudice your ability to perform your obligations under this Agreement; or if we in our absolute discretion decide to block, suspend, cancel or terminate the use of your Account; or if you use your Account for business and/or commercial purposes which we deem not acceptable to be transacted. In such circumstances we reserve the right not to refund any balance of funds existing in your Account and we shall be entitled to retain the same at our sole discretion and/or as may be required by the relevant governing authorities. Further thereto, we reserve the right 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.

⠀

We reserve all rights to block, decline or terminate your Account or your application for the Account if we find that you have furnished false or misleading information and/or documents to us concerning your personal details and any other information at our sole discretion without any prior notice to you. In such circumstances, we shall not refund any balances existing in your Account (if the same has been issued to you) and we shall be entitled to retain the same.

⠀

If we obtain judgment from any court for any sum owing under this Agreement, any charges payable shall continue to be payable from the date of judgment until the date of full payment of such sum of money so adjudged to be payable to us.

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Blocking, Suspension, Cancellation and/or Termination of Account by BigPay due to Suspicious, Fraudulent, Unusual, Irregular or Unauthorized Activity

In addition to the Events of Default above, we may at our sole and absolute discretion, limit, block, suspend or terminate your use of the Account if we detect any unusual, irregular, suspicious, fraudulent or unauthorized activity on your Account; or suspect misuse of your Account; or there is a contravention; non-adherence or breach by you of any of the provisions of this Agreement. We shall have the right to withdraw at our absolute discretion, all or any of the facilities provided by us, with or without notice and without assigning any reasons for it, and in such circumstances if we so deem fit to terminate use of your Account notwithstanding that we may have waived our rights on some previous occasions. We may refuse to issue a Account or may revoke the Account privileges with or without cause or notice, other than as required by applicable law.

⠀

If we detect unusual, irregular, suspicious, unauthorized or fraudulent activity on your Account, we may suspend and block the use of your Account immediately as security/precautionary measures (with or without prior notice to you) until we can verify the activity. If we decide to cancel or suspend (block) the use of the Account, we will attempt to notify you via phone or electronic mail or any other means of communication. You agree not to use or attempt to use an expired, revoked, blocked, suspended, terminated or otherwise invalid Account.

⠀

If we cancel and terminate your Account due to the abovementioned reasons, we reserve the right not to refund any balances of funds existing in your Account and we shall be entitled to retain the same at our sole discretion, for investigation purposes and/or as may be required by the relevant governing authorities. Further thereto, we reserve the right 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.

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Termination of Account by Customer

You may at any time of your own accord cancel your BigPay Lite Account by sending a notice in writing and/or email notification to us. If you cancel your Account, any balance of funds in your Account will be refunded to you subject to the other provisions and exclusions stated in this Agreement. You shall remain liable for any transaction(s) effected through the use of your Account prior to and post (where applicable) termination for the use of your Account.

⠀

Refund of Balance of Funds upon Termination of Account

Upon termination (whether by BigPay or you) of the use of your  Account (subject to all Transactions having first been settled with the Merchant), unless otherwise due to termination by BigPay due to Events of Default or due to suspicious, fraudulent, unusual, irregular or unauthorized activity, the balance of funds on the Account shall be refunded to you (less any applicable fees and charges) after fourteen (14) business days from the date we have confirmed the receipt of your request to process the cancellation of your  Account together with your valid and current mailing address submitted by you to BigPay (via e-mail or any other method notified to you by BigPay from time to time) within seven (7) days from the date of you notifying BigPay of your intention to terminate the  Account.

⠀

In the event of any delay by you in confirming your valid and current mailing address three (3) business days prior to the fourteenth business day, then BigPay will only be able to process the refund from the date we receive your valid and current mailing address. If we do not receive any confirmation in writing from you within the fourteen (14) business days from the date of our request for the said confirmation (following cancellation of the Account), then we will be unable to refund the said balance within the stipulated time frame above and shall only refund the same to you upon the receipt of your confirmation in writing of your valid and current mailing address. The balance on your Account will be refunded to you 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 any Available Balances in Ringgit Malaysia only.

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Dormant Account

We reserve the right to terminate your BigPay Lite Account if it has been left dormant for a lengthy period of time (as determined by us).

Communication

You agree that we shall be entitled from time to time to contact you via electronic transmission (including, but not limited to email communication, telex, fax), SMS or via telephone correspondence and calls (which may be monitored and/or recorded by us), and any other means of exchange communication in respect of, but not limited to, matters in relation to your Account,  confirmation of transactions, whether or not you transacted the same, status of your Account, communication on promotions (and promotional items) for the Account, and for any other matters relating to the Account.

⠀

You further agree that we shall be entitled to send you marketing materials, promotional offers and newsletters from time to time with regards your Account and services provided by BigPay. You may opt out from receiving such marketing communications by sending an email to bplitesupport.my@bigpayme.com.

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Variation of Terms and Conditions

Subject to the limitations of applicable law, we may at any time revise, substitute or amend any of the terms and conditions of this Agreement. Any such material amendment shall be effective twenty-one (21) days after the revised terms have been posted on the AirAsia Move App (under the Settings section). And thereafter such posting, the revised or new terms will apply to the Account, including, without limitation, all future transactions made using the Account. We may also issue a notice via email, electronic correspondence or any other modes of communication to you concerning any revision, withdrawal, substitution, removal or change. Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order to maintain or restore the security of the Account, or any related payment system. The retention or use of your Account by you after the effective date of any revision, substitution or change of terms and conditions shall be deemed to constitute your acceptance of such variation, revision or change without reservation by you.

⠀

If you do not accept the proposed revision, substitution or change, you are entitled to your Account by contacting us, and the provisions relating to termination above shall apply.

⠀

Notwithstanding the above, we specifically reserve the right to withdraw or terminate the BigPay Lite program (in whole or in part), any feature, function or benefit thereunder at any time with or without prior notice at our sole discretion. We may from time to time issue additional terms and conditions for BigPay Lite, if required.

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Disclosure 

BigPay protects the privacy of your information as detailed in our Privacy Policy.

⠀

You acknowledge and agree that in order for us to provide you with the services, benefits, offers and privileges related to the Account, to manage your Account, to facilitate the use of your Account and the processing of any transaction effected or to be effected through the use of your Account, 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,  Move Travel Sdn Bhd (formerly known as AirAsia Com Travel Sdn Bhd), our parent, our ultimate shareholder, our related companies, subsidiaries, associates and/or affiliates, our licensees, assignees, proposed assignees, representatives, agents, vendors, service providers (including partner networks), merchants, 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), network 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 Account, and that they are legally binding on you.

⠀

You agree and authorize us to contact you, through any means, to make any inquiries and request additional information to validate any information we have on our records. Such inquiries may include, without limitation, mobile phone number verification, account verification, and requests for additional personal information. If we do not have your personal information, or you choose not to share or disclose any information that we may require, we may not be able to provide or continue to provide you with the Account related services and we will not be obliged, responsible or held liable for the failure to provide the same (and/or any disputes in relation thereto).

⠀

Any disclosure by us of your information as set forth herein shall not render us liable to you for any claim, loss, damage (including direct or indirect damages or loss of profits or savings) or liability howsoever arising whether in contract, negligence, or any other basis arising from or in relation to: the release or disclosure of the information by us; and/or the information being incorrect, erroneous or misstated; and/or reliance on the information, whether caused by us or other third party’s misstatement, omission, negligence or default or by technical, hardware or software failures of any kind, interruption, error, omission, viruses, delay in updating or notifying any changes in the information or otherwise howsoever.

⠀

Costs and Expenses

You hereby agree that if we initiate legal proceedings against you because of a default in the terms of this Agreement, you shall be liable to pay to us all legal costs (including costs on a solicitor and client basis), other costs, charges and expenses which we may incur in enforcing or seeking to enforce any of the provisions of this Agreement or in obtaining or seeking to obtain payment of all or any part of the monies owing by you. Your responsibility for fees and costs shall not exceed the maximum amount allowed by law.

⠀

Indemnity

You agree to indemnify, defend and hold us and, Move Travel Sdn Bhd (formerly known as AirAsia Com Travel Sdn Bhd), our parent, our ultimate shareholder, respective affiliates, related companies, officers, employees, agents, contractors, representatives, suppliers, vendors, service providers, partner networks and other related parties involved in the provision, processing and/or execution of services, benefits, offers and privileges related to the Account, harmless from and against any claims, losses, damages, judgments, awards, costs, liabilities, expenses or fees (including without limitation reasonable attorneys’ fees) arising out of or in connection with your breach of this r Agreement or your use of the Account or of any Applicable Laws, or violation of any rights of a third party including your use of any information or content obtained from or through your use of the Account other than expressly permitted by this  Agreement or of your negligence, fraud or wilful misconduct.

 ⠀

BigPay reserves the right, at its own cost, to assume control of any defence or any other matter otherwise subject to indemnification by you, in which event you shall cooperate fully with BigPay in asserting such available defences as elected by BigPay in its reasonable discretion.

Service and/or Notification

You hereby agree that for service of any legal document, notification or statement hereunder or if any action is begun in the courts in Malaysia in respect of this Agreement, the legal process and other documents may be served by posting the documents to you (via ordinary post) at your last known address in our records and such service shall on the 5th day after posting, and shall be deemed to be good and sufficient service of such process or documents. Any notice or other document to be given under this Agreement and all other communications by you to us with respect to any legal process shall be in writing and may be given or sent by hand, or registered post to us at the address set out below:–

⠀

By Mail or Hand To:

Legal Department

BigPay Malaysia Sdn Bhd

Unit 19-02-02

Wisma Tune, Lorong Dungun, Damansara Heights, 50490 Kuala Lumpur

⠀

or to such other address as we may give notice to you from time to time.

⠀

Issues or complaints with respect to your Account

You may also contact us by emailing us at bplitesupport.my@bigpayme.com  for any queries or issues you may have regarding the Account or to lodge any complaints with respect to the Account or you may contact our customer service team. In addition, if you have any complaints (which we may not have responded to) you may also contact Bank Negara Malaysia via bnmtelelink@bnm.gov.my.

⠀

Security

BigPay treats the security of your Account with utmost priority and to this end, we use a variety of security measures to make sure that your Account is secure. However, it is your responsibility to ensure that your Account is kept safe from unauthorized access and attempts to use it for fraudulent purposes at all times. You must ensure that you do not share access of your Account with any person other than yourself and keep your login details safe. It is your responsibility to keep your Account secure and be responsible for Transactions carried out using your Account. You should never conduct any  Transactions on behalf of any third parties or allow any other individual to conduct a Transaction on your behalf. You should never use the AirAsia Move App containing your BigPay Lite or submit any Transactions on a ‘jailbroken’, ‘rooted’ or otherwise modified device. In addition, you must only download or use the AirAsia Move App on mobile devices installed with the latest and most secured operating system(s) available for the mobile device. If you find or suspect any unauthorized use of your Account or any other security breach, you must notify us immediately using any of the contact methods provided above so that we can take all the necessary steps to prevent further unauthorized use.

Where you have notified us, or we reasonably believe that your Account has been compromised, we may stop, block or suspend your access to and use of your Account. We also have the right to disable or change any user name or password (if possible), whether chosen by you or provided by us to ensure the security of the Account, in our sole discretion. Note that any act or omission of BigPay in relation to any steps to be taken as set out above does not make BigPay liable to you for any loss or damage arising from the result of your failure to keep your Account secure and notifying us of the same.

If you believe that a Transaction was made without your authorization, you must contact us immediately. We will conduct an investigation and may provide refunds of unauthorized Transactions unless:

·       you have acted fraudulently;

·       you have intentionally or negligently compromised the security of your Account or failed to keep the details you use to access the Account secure; or

·       otherwise due to termination by BigPay due to Events of Default or due to suspicious, fraudulent, unusual, irregular or unauthorized activity.

If our investigations result in any special circumstances deviating from the above and affect the outcome of your liability and/or eligibility for a refund, we will notify you. Note that we have no responsibility towards you for any loss caused by unauthorized access prior to you notifying us. A charge may also be applied for any refund request if the unauthorised use, loss, theft or misuse of the Account was caused by your error, carelessness or negligence.

In cases where we have reason to believe that you have acted fraudulently, we may decide not to allow any refund to you, investigate the circumstances further or even forward the matter to the law enforcement authorities, including Bank Negara Malaysia. If an investigation (whether by us or the authorities) results in a finding of fraud by you, we may charge you for costs incurred by us in carrying out such investigation and further deduct these monies from your Account. If you think you have been or might be a victim of fraud, please contact us immediately.

The AirAsia Move App is available in Apple’s App Store, Google’s Play Store and Huawei AppGallery. If you want to apply for BigPay Lite, then you must download the AirAsia Move App from either Apple’s App Store or Google’s Play Store only. You must not download the AirAsia Move App from any other app sites, websites or app forums as they will probably be fake or phishing sites.

We are not responsible or liable for the AirAsia Move App or any security issues in respect thereto. If you have any queries or issues with the AirAsia Move App, you must contact Move Travel Sdn Bhd (formerly known as AirAsia Com Travel Sdn Bhd) directly to resolve the same. We will not be liable for any loss or damage that you may suffer for any unauthorised access or security issues regarding the AirAsia Move App.

Waiver

Our acceptance of any terms or payments or any waiver by us of our rights or any indulgence granted to you shall not operate to prevent us from enforcing any of our rights hereunder this Agreement nor shall such acceptance operate as consent to the modification of any of the terms of this Agreement in any respect nor shall such waiver of rights affect our other legal rights. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

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Assignment

We shall be entitled at any time without your consent to assign the whole or any part of our rights or obligations under this Agreement with or without notice to you. This Agreement and/or Account shall not be assigned by you to any other third party without our written consent.

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Successors Bound

This Agreement shall be binding upon and enure to the benefit of our respective successors in title and assigns provided that you may not assign your rights and obligations under this Agreement without our prior written consent.

⠀

Severability of Provisions

If any of the provisions of this Agreement becomes or is determined to be invalid, illegal or unenforceable in any respect under any law, rule or regulation, the remaining terms of this Agreement shall not be affected, and all other provisions of this Agreement will still be valid and enforceable.

⠀

Governing Law and Jurisdiction

This Agreement shall be governed construed in accordance with the laws of Malaysia. You consent and agree to submit to the exclusive jurisdiction of the Courts of Malaysia concerning all matters arising out of or in connection with your use of the Account under this Agreement.

⠀

Notification of Change in Personal Details

You should always ensure that you provide us with your most updated and current personal particulars and information, including your mailing and correspondence/permanent address, contact number, electronic mail address and other required details in order to ensure that your records with us are kept up to date, complete and accurate. If any information supplied by you changes during the course of your  Account with us, you should notify us immediately to enable us to update your information in our records. You shall promptly notify us in writing of any change in your mailing, permanent, correspondence or office address, electronic mail address or contact number.

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Any notice given by us shall be deemed given to you if sent by electronic or postal mail to your last known mailing/correspondence address as shown on our records. BigPay shall NOT accept any notification of addresses (business, office, residential or correspondence address) bearing a Post Box (“P.O. Box’) number.

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Language

In the event of any inconsistencies between this Agreement and its translation in any other language, the English language version of this Agreement shall supersede and prevail over any other language.       

****

PRODUCT DISCLOSURE SHEET

PLEASE READ THIS PRODUCT DISCLOSURE SHEET (“PDS”) BEFORE YOU DECIDE TO TAKE UP THE BIGPAY LITE PRODUCT ISSUED BY BIGPAY MALAYSIA SDN BHD (“BIGPAY”). YOU MUST READ THE TERMS AND CONDITIONS  WHICH ARE BINDING ON YOU.

⠀

BigPay Malaysia Sdn Bhd

BigPay Lite

17 July 2024

⠀

1. What is this product about?

The BigPay Lite product is an electronic money (“e-money”) designated payment instrument in the form of a virtual / e-wallet account (collectively, “account”) that you can top-up with funds. With BigPay Lite, you can monitor your transactions, track your spending, top up and manage your account balance. You can use BigPay Lite to pay for transactions within the AirAsia MOVE and AirAsia Group ecosystem.

⠀

2. What are the features of BigPay Lite?

· BigPay Lite comes with a lower purse size limit and with restricted use i.e. it is only meant for purchases within the AirAsia MOVE and AirAsia Group ecosystem

· Wallet limit: RM2,999* (“Account Limit”)*

·  You can apply for BigPay Lite via AirAsia Move’s mobile application operated by our affiliate, Move Travel Sdn Bhd (formerly known as AirAsia Com Travel Sdn Bhd)

·  As BigPay Lite comes with a lower Account Limit, it is subject to simplified Customer Due Diligence (CDD) and Know-Your-Customer (KYC) verification and approval by us

·  You cannot top up funds in excess of the Account Limit

· Top up of funds to your Account can only be in Ringgit Malaysia

· No interest and no late charges

·  Fund exposure is limited to the amount of funds pre-loaded into your account

*You can only transact up to a maximum limit of RM2,999 subject to certain restrictions, thresholds and/or limits imposed in respect of certain type of transactions.

⠀

​3. What are the fees and charges I have to pay?

ACCOUNT FEES & OTHER CHARGES*

Joining Fee

None

Annual Fee

Waived unconditionally

Reload Fee

Cash Top-up Fee

RM1+2% of the reload value with the following caps:

i. RM2 per transaction for reload amount up to RM100; and

ii. RM5 per transaction for reload amount above RM100

Credit Card Top-Up Fee

1% for Local Credit Cards

2.9%for Foreign Credit Cards

Account Cancellation Fee

Free

4. What are the key terms of BigPay Lite / what are my obligations**?

• You can apply for BigPay Lite via AirAsia MOVE’s mobile application operated by our affiliate, Move Travel Sdn Bhd (formerly known as AirAsia Com Travel Sdn Bhd)

• You must be a Malaysian citizen, permanent resident or a foreigner legitimately residing or gainfully employed (pursuant to a working visa in Malaysia) and with a valid mailing address in Malaysia. You should be 18 years of age and above

• No income document is required to apply but you must provide personal identification documents and any other documents and/or information that may be required by BigPay from time to time

• Upon approval, you will be issued with a virtual / e-wallet account. You will not be able to perform in person point of sale (POS) transactions and cash withdrawals with BigPay Lite

•  You can start to spend for e-commerce transactions within the AirAsia MOVE platform and the AirAsia Group ecosystem once your BigPay Lite account has been approved by us  

• You must ensure your account has sufficient funds (i.e. available balance) before conducting any transactions

• Your top-up and account usage in respect of the account Limit is subject to the conditions of the use of the RM2,999 Account Limit as stated in the BigPay Lite Terms and Conditions. You cannot top-up your account in excess of the maximum Account Limit

• You must not use your account to purchase illegal goods or services or use it for any unlawful and/or fraudulent activities

•  You must only use your account strictly in accordance with the BigPay Lite Terms and Conditions

•  We reserve the right to charge fees that may be applicable to your account which may have been in dormant status for a lengthy period of time

• Your account is non-transferable and can only be used by you as the account holder

• If you fail to comply with any of the BigPay Lite Terms and Conditions, we shall be entitled to block, suspend, revoke and/or terminate your account

• We may also, at our sole and absolute discretion, limit, block, suspend, revoke or terminate your account (without refunding any balance) if we detect any unusual, irregular, suspicious, fraudulent, or unauthorized activity or transactions on your account; or if we suspect misuse of your account

**Important: Please read the product Terms and Conditions for the full terms and conditions governing the use of BigPay Lite including your obligations before you apply

⠀

​5. What are the major risks?

If you suspect that you have been the victim of unauthorized transactions, you must block your account immediately by

• Calling us at 1300 13 3388 (local) or +603 7662 9200 (overseas)

⠀

6. Who is liable for unauthorized transactions due to loss or theft?

​You shall be liable for such unauthorised transactions until we receive written notification of the same. We may, however, limit your liability to RM250 provided you have not acted fraudulently and have sufficient evidence to prove so. Do note that we will not be responsible or liable for any such transactions occurring 24 hours prior to your report to us.

⠀

7. Where can I get further information on BigPay Lite?

If you have any queries, please contact us via the “Support” section of the BigPay App or our Customer Care Team at 1300 13 3388 (Malaysia) or +603 7662 9200 (overseas) at any time, 24/7 round the clock.

The information provided in this PDS is valid as at 17 July 2024

******

BIGPAY LITE: FEES & CHARGES

Joining Fee

None

​

Annual Fee

Waived unconditionally

​​

Reload Fee

·     Cash Top-up Fee

RM1 + 2% of the reload value with the following caps:

​

i. RM2 per transaction for reload amount up to RM100; and

ii. RM5 per transaction for reload amount above RM100

·     Credit Card Top-up Fee

1% for Local Credit Cards

2.9% for Foreign Credit Cards

Account Cancellation Fee

Free

​

BigPay Lite

PRIVACY POLICY

⠀

1. GENERAL

1.1 This Privacy Policy (“Privacy Policy”) is issued by BigPay Malaysia Sdn Bhd (“BigPay”, “we”, “our” and “us”) with respect to the provision of financial products and services by BigPay including with respect to the e-wallet account with a lower purse limit and restricted use case (known as “BigPay Lite”) issued by us.

1.2 This Privacy Policy describes how and when we collect your personal information, what that information may be used for, who uses it, when it may be disclosed to other parties, how you can access your details and seek correction of your details, the control of your own personal information and how you can contact us.

1.3 By applying for, registering, subscribing and/or using BigPay Lite or any other products or services provided by us, you are deemed to have read and agreed to be bound by this Privacy Policy.

2. NOTICE

2.1 This Privacy Policy serves as a notice pursuant to the Malaysian Personal Data Protection Act 2010.

2.2 We may modify, vary or update this Privacy Policy from time to time to reflect any changes to our privacy practices. We will notify you of these changes to our Privacy Policy in the Settings page of your BigPay Lite account. Please check your BigPay Lite account regularly for updates to our Privacy Policy.

⠀

3. INFORMATION COLLECTION AND USE

3.1 We may collect and hold personal information/data (“Personal Information”) about you or someone else whom you have provided us with information of (“Third Party”), that is, information that can identify you or such Third Party, including without limitation full name, date of birth, gender, nationality, postal and email address, mobile number, other contact details, identification details (including but not limited to NRIC or passport), payment details, financial details (including source of funds) and other information relevant to us providing you with the services you and/or the Third Party are, or someone else you know is, seeking, which we receive from you through BigPay Lite, customer service centre, social media sites, walk-in or distribution channels and other distribution channels. You represent and warrant that you have obtained the consent of such Third Party or are otherwise entitled to provide us with their Personal Information and to view or change their information. You agree to indemnify us in the event we suffer any loss or damage as a result of your failure to comply with the same. The list of Personal Information stated above is not exhaustive and may include other personal information depending on the nature of the services or transactions.

3.2 You are responsible for ensuring that the Personal Information you provide us is accurate, complete and not misleading and that such Personal Information is kept up to date.

3.3 We may collect Personal Information in one or more of the following circumstances or for one or more of the following purposes (collectively referred to as “Purposes”) and you hereby consent to the processing by us of your Personal Information in accordance with the Purposes as set forth below:
a) to provide you with products and/or services which you have applied or subscribed for including BigPay Lite and to notify you about important changes or developments to the features;

b) to facilitate your application for BigPay Lite;
c)  to enable the sharing, transfer, retrieval, updating and processing of your personal information and data as well as creation of member profile and user accounts between BigPay and Move Travel Sdn Bhd (formerly known as AirAsia Com Travel Sdn Bhd), our related companies (including but not limited to, our parent, ultimate shareholder, respective group companies, sister companies, affiliates, subsidiaries and associates) to manage and facilitate your use of your BigPay Lite account and the processing of any transaction effected or to be effected through the use of your BigPay Lite account and to enable you to receive and enjoy the services, benefits and privileges related to BigPay Lite;

d) our third party contractors, vendors, service providers (including partner networks), merchants, commercial partners, licensees, assignees, proposed assignees, representatives, agents, any government and 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), payment gateways, network schemes or payment network operators, and any other parties engaged by us to enable or assist us in the provision of the products, services, benefits and/or privileges 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, whether located within and beyond Malaysia;

e) to enable the processing of your personal information to administer and enable the continuous operation of your BigPay Lite account and the provision of the services, features, functionalities and/or privileges in relation thereto to you;

f) to send you information on products and services, and special promotional offers, newsletters or customer survey forms and questionnaires;
g) to provide you with information on any programs (e.g. loyalty programs where applicable ) or transactions you have undertaken;
h) to process your payment transactions and for other operational and administrative purposes, including without limitation, sending you notifications, and managing your account,
i) updating and managing the accuracy of our records; prevention, detection or prosecution of crime, and complying with legal and regulatory obligations;
j) assessment and analysis behaviour scoring, market, product and trend analysis and market research (if any);

k) to conduct internal activities, administrative, operational, marketing, planning, product, technology  or service development, troubleshooting and/or research requirements;
l) to administer your participation in contests or campaigns that we may run from time to time;
m) to provide you with information on products and services of BigPay and our related corporations, affiliates, subsidiaries and associates where applicable;
n) to provide you with information on products and services of our business partners where applicable;
o) cross selling, marketing and promotions including administering offers and competitions;
p) communications and ensuring customer satisfaction, which may include conducting surveys to improve the quality of our products and services, responding to inquiries and complaints and to generally resolve disputes or to enforce our terms and conditions, including the terms and conditions relating to the products and/or services;
q) maintaining your  account history for present and future reference (as and where required);
r) enabling an actual or proposed assignee of BigPay, or participant or sub-participant of BigPay to evaluate your information, account, transactions which are intended to be the subject of the assignment, participation or sub-participation (if any);
s) protecting BigPay’s interests and for other ancillary or related purposes;
t) for such other purposes as set out in any other terms and conditions (including product terms and conditions) and campaign terms and conditions (if applicable); and
u) for any purpose made known to you at the time of collection of your personal information.

3.4 At any time you may opt-out of receiving marketing communications from us by sending an email to bplitesupport.my@bigpayme.com.

3.5 We use general, aggregated information to generate statistics and measure site activity to improve the usefulness of customer visits. Such information does not include Personal Information.

3.6 Please take note that if required for the foregoing Purposes, your Personal Information may be transferred to locations outside Malaysia.

3.7 We may disclose your Personal Information to:
a)  Move Travel Sdn Bhd (formerly known as AirAsia Com Travel Sdn Bhd), our related companies (including but not limited to, our parent, ultimate shareholder, respective group companies, sister companies, affiliates, subsidiaries, associates), third party contractors, vendors, service providers (including partner networks), licensees, advisors, merchants, commercial and strategic partners, assignees, proposed assignees, representatives, agents, whether located within or outside Malaysia for the Purpose;

b) governmental agencies, regulatory authorities (including Bank Negara Malaysia and such other authorities or bodies having jurisdiction over us), enforcement agencies, credit reporting agencies (including but not limited to CTOS), payment gateways, network schemes, card schemes, payment network operators, whether located within or outside Malaysia for the Purpose.

Your Personal Information may also be disclosed to other third parties with whom we have commercial relationships, for marketing, advertising and related purposes, unless you have indicated that you do not wish for us to disclose to such third parties for marketing and advertising purposes, and as required or authorised under law or provided in co-operation with any governmental authority.

3.8 Please note that it is necessary for BigPay to process your personal information for the Purpose, and without which BigPay will not be able to provide you with BigPay Lite or any product and/or service that you have requested from BigPay or to perform and/or carry out any of the abovementioned Purposes. If you fail or decline to provide us with Personal Information stated in paragraph 3.1 above, we may not be able to perform and/or carry out any of the Purposes and may need to terminate any product and/or service provided to you. In some circumstances, you may have provided personal and financial information relating to others (e.g. joint-applicant, spouse, related parties and/or emergency contact persons) for the Purpose. In such cases, you represent and warrant that you had or have their consent or are otherwise entitled to provide their information to BigPay.

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4. MARKETING AND PROMOTIONAL COMMUNICATIONS

4.1 We may use the Personal Information provided to send you information on products and services, and special or promotional offers, newsletters or customer survey forms and questionnaires unless you have indicated that you do not wish to receive such materials.

4.2 You may opt out of receiving any communications from us at any time by sending an email to bplitesupport.my@bigpayme.com.

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5. SECURITY OF YOUR PERSONAL INFORMATION

5.1 We will take reasonable steps to protect any Personal Information we receive from you from misuse and loss and from unauthorised access, modification or disclosure. We may hold your information in either electronic or hard copy form or retain third parties to hold that information on our behalf. Where required by applicable laws, Personal Information will be destroyed or de-identified when no longer needed.

5.2 By providing us with Personal Information or using our products and/or services including in respect of BigPay Lite, you consent to the transfer, storage and processing of Personal Information to where our (or our third party contractors, vendors, payment gateways and/or service providers) servers, database(s) and/or system facilities are located and/or operated, which may be outside your country of domicile or the location where you access  our products or services, and which may include, among others, Malaysia, Singapore, India, the United States, the United Kingdom and the European Union.

5.3 However as BigPay Lite is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us and you do so at your own risk.

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6. LINKS TO OTHER APPLICATIONS AND WEBSITES

6.1 BigPay Lite may contain links to websites or applications operated by third parties (“Third Party Applications or Websites”). We are not responsible for the privacy practices or the content of Third Party Applications or Websites. Third Party Applications and Websites are responsible for informing you about their own privacy practices.

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7. ACCESS AND CORRECTION

7.1 You may request access to any Personal Information we hold about you or any Third Party whose Personal Information you had provided at any time by contacting us (see the CONTACT US section below). Where we hold information that you are entitled to access, we will endeavour to provide you with suitable means of accessing it (e.g. by emailing or mailing it to you).

7.2 If you believe that Personal Information we hold about you is incorrect, incomplete or inaccurate, then you may request to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment then we will add a note to the Personal Information stating that you disagree with it. You may also, at any time hereafter, request, in writing, to limit the processing of your Personal Information (including personal data of others provided by you).

7.3 You may at any time make written inquiries and, upon payment of a prescribed fee, request, in writing, for access to, or correction of, your Personal Information or limit the processing thereof (including personal data of others provided by you) . In accordance with the Malaysian Personal Data Protection Act 2010, and to the extent not limited by any other applicable law (if applicable), we may:
(1) charge a fee for processing your request for access or correction to the Personal Information; and
(2) refuse to comply with your request for correction to the Personal Information and give you a reason for our refusal.

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8. COOKIES

8.1 We may use cookies (where applicable) to:-
(1) maintain your session and required details during the application, subscription, registration process and during transactions (session cookie);
(2) collect online usage data for statistical/analytics purposes (analytics cookie); and

(3) direct you to the correct landing page based on your geo-location (geo-targeting cookie).

8.2 You may instruct your browser, by changing its setting, to stop accepting cookies or to prompt you before accepting a cookie from the websites that you visit. Certain functions may not work properly if the cookie setting is disabled.

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9. CONTACT US

9.1 If you have any questions about our Privacy Policy, or any concerns or a complaint regarding the treatment of your privacy by us pursuant to the Malaysian Personal Data Protection Act 2010, please contact us via registered mail or email (which must be sent from your email address that you registered with us) at:-

Personal Data Protection c/o Legal Division
BigPay Malaysia Sdn Bhd
Unit 19-02-02, Level 2
Wisma Tune Lorong Dungun, 50490 Kuala Lumpur
Malaysia
Email:   pdpa.admin@bigpayme.com

10. MISCELLANOUS

10.1 In the event of any inconsistency between the English version and other language versions of this Privacy Policy, the terms of this English version shall prevail.

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