1.1 The Qu Wallet Agreement (“QWA”) set forth below shall govern the use of the Qu Wallet and its functions on the Site and your relationship with MSME New Media Sdn Bhd (Company No.: 1126412- U).
1.2 By clicking ‘ACCEPT’, you indicate that you have read, understood and accepted this QWA. If you do not wish to be bound by this QWA, you may not use the Qu Wallet.
1.4 In this QWA, any reference to any legal entity or individual person includes, where appropriate, a reference to its authorised agents, delegates, successors or nominees. Expressions in the singular form include the plural and vice versa.
1.5 No rule of law (or interpretation to the effect) that an ambiguity in a document is to be construed against the party drafting or preparing such document shall apply in respect of this QWA.
1.6 Any reference to any law, statute or regulation or enactment shall include references to any statutory modification or re-enactment thereof, or to any regulation or order made under such law, statute or enactment (or under such a modification or re-enactment).
1.7 The headings used in this QWA are for convenience of reference only and are not to affect the construction of, or to be taken into consideration in, interpreting this QWA.
2. USE OF QU WALLET
2.1 Only Users registered with an account (“Account”) in accordance with the instructions set out in the Site may use the Qu Wallet on the Site. Once your account has been registered, your use of the Qu Wallet shall be strictly in accordance with these QWA and other terms and conditions as may be applicable.
2.2 The provision of the Qu Wallet and the registration of the Account is at Qu’s sole and absolute discretion.
2.3 Any instructions, confirmation and/or communication sent from your Account shall be deemed to have been sent and/or issued by you irrespective of whether such instructions, confirmations and/or communications were actually sent by you or not. You shall be personally liable and responsible for the use of you’re Account including but not limited to all transactions undertaken and/or transacted using the Account once the said transaction has been confirmed irrespective of whether the transactions is undertaken and/or transacted by you unless it can be established that such transactions was erroneously transacted due to an error on Qu’s part.
2.4 The Qu Wallet made available to you via the Site may obtain Points via the following transactions (the
(a)if your employer has a Business Account on the Site, the Employer is able to link their Business Account with your Account which allows the employer to transfer your employer’s validly issued Points to your account for your use; or
(b) by topping up the Point into your Account using such methods, including but not limited to via online banking or credit / debit cards (“Cash Top Up”);
2.5 Qu may engage with third party service providers to enable Cash Top Up transactions.
2.6 Qu reserves the right to reject your request for Cash Top Up transactions using your stored debit / credit cards for any reason whatsoever, including but not limited to security reasons or as advised by such third party service providers.
2.7 The Qu Wallet may also allow you to purchase products and/or services from the Site supplied for by other Users. Any transaction entered into between you and another User for the product and/or services on the Site shall also be subject to the terms and conditions as may be stipulated by Qu. Any such transactions are entered into at your own risk and you acknowledge and agree that Qu shall not take any responsibility and/or liability for the products and/or services offered by other Users to you including but not limited to the delivery, quality (including any defects or deficiency in the products and/or services), safety or the fitness for purpose of the products and/or services purchased by you from such third parties. Qu shall not be responsible for the refusal of any other User to honor or accept your purchases or payment made through the use of the Qu Wallet. You further acknowledge and agree that you shall not initiate any legal proceedings against us for any claim you may have against such other Users.
2.8 In using the Site and the Qu Wallet:
(a) In the event of claims, chargebacks, or a reversal of payment for transactions made via the Site, including credit card transactions made through a financial institution, Qu reserves the right to (i) determine the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to Qu; or (ii) clawback the amount from the Qu Wallet or by any other way it deems fit in its sole discretion
(b) For claims, chargebacks or a reversal of payment for credit card transactions made through a
debit/credit card issuer, you shall be responsible to resolve any disputes with the debit/credit card issuer on your own;
(c) you authorize the deduction of Point and/or funds from your Account and the deposit of Points and/or funds into your Account to carry out the relevant transactions;
(d) your use of the Qu Wallet is subject to any limits or restrictions as may be notified by Qu to you from time to time; and
(e) you are to ensure that there is sufficient Points in your Account before using the Qu Wallet to carry out any transaction on the Site (including any taxes and other applicable fees or charges) failing which Qu reserves the right to block, reject or decline the transaction to be transacted through your Account.
2.9 The record of all Transactions confirmed for the Account shall be binding and conclusive evidence of your Transactions. Any information, instructions and/or confirmation sent from your Account shall be deemed to have been issued by you notwithstanding that such information, instructions and/or confirmation may have been issued by a third party, whether authorised or otherwise, Qu shall deem that the Qu Wallet has been accessed legitimately and the Transactions conducted shall be valid. Qu will not entertain any request to reverse any wrongful Transactions confirmed by the Account.
2.10 Notwithstanding anything to the contrary, Qu reserves the right to block or decline any transaction at our sole and absolute discretion without assigning any reason thereto.
2.11 You may opt out from the Qu Wallet at any time by deleting your account on the Site.
2.12 All Points may be used in exchange for Items from other Users on the Site
3. RESTRICTIONS ON THE QU WALLET
Qu shall have the absolute discretion to determine limits and restrictions in terms of the amount of Points that may be used or transacted by a User or certain goods and/or services using the Qu Wallet, as may be notified by Qu to you from time to time.
4. PROCESSING INFORMATION
4.1 An instruction will only be accepted by Qu if you have passed through certain security criteria as determined by Qu from time to time.
4.2 You agree that Qu may act on any instructions given to Qu even if these instructions were not authorised by you.
4.3 Qu will make reasonable efforts to process any instruction where you request Qu to do so, but Qu shall not be liable for any failure to comply with such a request unless it is due to Qu’s failure to make reasonable efforts to do so.
4.4 You must make sure that any instruction is accurate and complete, and Qu is not liable if this is not the case.
4.5 A transaction being carried out is not always simultaneous with an instruction being given. Some matters may take time to process and certain instructions may only be processed during normal working hours, even though the service may be accessible outside such hours.
4.6 You will be responsible for all losses and payments (including the amount of any transaction carried out without your authority) if you have acted with gross negligence so as to facilitate that unauthorised transaction, or you have acted fraudulently. For the purposes of this Clause, gross negligence shall be deemed to include failure to observe any of your security duties referred to in the Terms.
4.7 If Qu reasonably believes that a transaction has been made fraudulently, illegal or in breach of these
Terms and Conditions, Qu has the right to deduct from your Qu Wallet for such transaction amount.
Qu reserves the right to impose any charges, fees or subscriptions (“Charges”) for the use of certain Services, if such Charges are required. Some Services may be chargeable as indicated on the Site and in any accompanying terms and conditions.
6. REFUND POLICY
6.1 If you need a refund in respect of any fees or payments made towards the Qu Wallet or any part thereof, please contact Qu at [email protected] Subject to Qu’s determining to its absolute satisfaction that your money was wrongly deducted from your Account for payment on the Site due to technical error of Qu where your attempted Transaction does not go through, Qu may refund to your Account such money which was wrongly deducted.
6.2 Qu reserves its right not to refund any disputed amount to you if Qu believes you acted in contrary to this
6.3 In the event your Account is ceased, terminated or suspended by Qu due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law, you shall not be entitled to obtain any refund of the Points whatsoever and it shall be lawful for Qu to retain for an indefinite period or release to the relevant authorities the sums in accordance with applicable legislation, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.
7. DISPUTED TRANSACTIONS
7.1 You are fully responsible for all products and services purchased when you make any payment through your Account or anytime when you authorize amounts to be deducted from your Account. You shall be fully responsible for ensuring that the transaction amount is correct.
7.2 You agree and consent to the use by Qu and/or its employees, personnel and advisors of any information related to you, the particulars of the transaction(s) or any designated account relating to the transaction(s) for the purpose of investigating any claim or dispute arising out of or in connection with the disputed transaction(s) and that this consent shall survive the termination of the QWA. You further agree that in the event of a dispute or claim of any nature arising in respect of any transaction, the records of the transaction(s) generated by us shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim.
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