Herepay Terms and Conditions (Effective from 1 November 2023)

 

All services, features, and operations available on this website (Site) fall under the governance of these terms and conditions and are managed and operated exclusively by Herepay Sdn Bhd (referred to herein as ‘we’, ‘our’, or ‘us’).

You, your, yours, and yourself shall refer to the individual, school, organisation, or entity we have provided or are providing a Service to, as named in the Letter of Offer or any other Agreement. Where applicable, this also includes all trustees, partners, and persons identified under the stipulation of “Joint and Several Liability.”

We, us, our, and ourselves shall refer to Herepay Sdn Bhd, as identified in Terms of service, the Letter of Offer or any other Agreement, acting as the provider of the relevant Service.

Payee refers to the individual or entity executing a payment or transaction for services through the Herepay platform to ‘You’, the registered user with Herepay.”

Conditions of use 

By using our services, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to subscribe to our services. We only grant use and access of this website, its products, and its services to those who have accepted its terms. 

Users under 18 years shall obtain consent from their respective guardian before using our service.

Changes

We may change these Terms at any time, by updating them on our Site. We suggest you check regularly for updates. Content on our Site may change or become outdated, and we aren’t responsible for any inaccuracies.

Privacy policy 

Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices. 

Use of Site

We give you a personal, non-exclusive, free, worldwide, non-transferable license to use our Site following these Terms. For any other use, you’ll need our prior written consent.

Software as a Service (SaaS)

1. We agree to provide our Services from the start date and throughout the term, following this Agreement.
2. You acknowledge that we own or have the appropriate licenses for all Intellectual Property Rights, including copyright, in our Software, SaaS Services, and related documentation.
3. We may change or remove features of our SaaS Services. If changes are significant, we’ll provide you with 7 Days’ notice.
4. We reserve the right to refuse any service request we find inappropriate, unreasonable, or illegal. 

Herepay Services

Herepay serves as a comprehensive collection management platform, aimed at assisting organizations in efficiently managing their fee and fund collections. 

The services and features we provide include, but are not limited to, those detailed on our site. For a more comprehensive list, we invite you to visit our website.

By registering with Herepay, ‘You’ hereby agree to the services provided, inclusive of any fees, charges, profit sharing, and other payments that may be billed to ‘You’ based on your selected plan. Details of these plans are available on our pricing page.

All fees, charges, profit sharing and other payments related to the use of Herepay’s services are subject to change at the sole discretion of Herepay. We reserve the right to modify, amend, or revise our pricing structure without prior notice.

Business Conduct with Herepay Services

Specific Business Activities: You are permitted to use Herepay Services solely for the business activities you have disclosed to us.

Changes or Additions: Should you wish to employ Herepay Services for alternative business activities or if there’s an alteration in the nature of your business, it’s mandatory for you to notify us in writing. Our explicit consent is required before you commence utilizing Herepay Services for such updated or additional business endeavors.

Restricted Categories: Certain business categories may be restricted due to regulations from card networks, requirements set by our financial partners, or in adherence to legal and compliance standards. For a comprehensive list of these regulated and forbidden business categories, please refer to our “Appendix of Regulated and Prohibited Business Activities.”

Registration

In this section, ‘You’ refers to the formally recognized entities registering with Herepay.

Organizations Only: Herepay operates exclusively with organizations, not individuals. As such, ‘You’ must have official registration under your respective authorities.

Required Information: The sign-up process necessitates ‘You’ to provide all pertinent information as specified by Herepay. This includes, but is not limited to, your organization’s banking details. This information will be utilized to cross-verify and match your organization’s entity with the provided banking information.

Verification and Accuracy: It is imperative that the information you provide is accurate and complete. Herepay may reject, delay, or not process your registration if the information is found to be wrong, misleading, or incomplete.

Right to Deny: Please note, Herepay reserves the right to deny registration to ‘You’ if complete and necessary details are not provided.

Payment Facilitation and Dispute Resolution

Role of Herepay: Herepay operates primarily as a payment facilitation platform, streamlining transactions between payees and our registered users (“You”). We act as an intermediary to enable seamless monetary transfers from payees to you, based on the services or products offered by you.

Limitation of Liability: Herepay shall not be held liable for any claims, damages, or disputes that might arise from such transactions. The registered user (“You”) hereby acknowledges and agrees that any disputes or claims made by the payee are at your sole discretion to resolve, and Herepay’s involvement will be limited to providing transaction-related information, if required and permissible.

Profit-Sharing from Add on Donations/Tips Feature:

Optional Donation Feature: Herepay’s platform offers an added, optional feature that allows end-users (payees) to contribute through donations or tips. Payee can choose whether to engage with this feature, giving them flexibility and control over their contributions.

Value Addition: This feature is designed to promote payee engagement, appreciation, and a way to further support the entities involved, should they wish to contribute.

Transparent Fee Structure: To maintain, improve, and ensure the sustainability of this feature, Herepay retains a portion of these donations or tips. Our share is transparently detailed on our pricing page and is used to cover the costs associated with facilitating this feature and to reinvest in platform improvements.

Commitment to Fairness: We recognize the significance of donations and tips. Our profit-sharing scheme is devised with fairness in mind: it allows entities to benefit from the generosity of their supporters while simultaneously ensuring the ongoing viability and enhancement of our platform.

Settlement Period:

The “Settlement Period” refers to the designated duration or timeframe within which funds, collected and facilitated through Herepay Services on behalf of the registered entity, are processed and transferred to the specified bank account of the said entity. This period encompasses the collection date up to the point of successful deposit into the recipient’s bank account, accounting for any operational, public, or specified holidays that may extend the usual duration. 

Settlements made during this period will be net of any fees, taxes, profit-sharing, or other applicable charges, as detailed in our terms and conditions.

Default Payment Method: Any daily total collection exceeding RM0.01 will be transferred to your bank account on the third business day (UTC+08:00 Kuala Lumpur) within the timeframe of 00:00–23:59, excluding Fridays, Saturdays, and Sundays.

Public and Office Holidays: If the scheduled payout day coincides with a federal holiday or any specific holiday during which Herepay’s office remains closed, the payout will be deferred to the subsequent business day. Payout timings are contingent upon the consistent operational status of the respective Financial Institution.

Alternative Payment Methods: For payment methods other than the default, the settlement will adhere to the payout periods determined by the pertinent Financial Institution.

Accuracy of Banking Details: You are obligated to maintain the accuracy of your banking information. Herepay reserves the right to halt any settlement process if discrepancies in the banking details lead to payout disruptions over a certain period.

Tax

All fees associated with Herepay Services are exclusive of any taxes, levies, or duties imposed by tax authorities. 

‘You’, as the registered entity, shall bear the responsibility for the payment of all such taxes, levies, or duties. Furthermore, ‘You’ agree to reimburse Herepay and indemnify Herepay against any sales, use, value-added, excise, property, or other taxes or levies which Herepay may be mandated to collect or remit to the respective tax authorities.

Prohibited Actions: 

You must not:

1. Break any laws or infringe on anyone’s rights, including privacy.
2. Use our Site to insult, harass, threaten, or offend anyone.
3. Interfere with any user’s enjoyment of our Site.
4. Alter our Site, send harmful programs, or disrupt our Site in any way.
5. Send unsolicited emails through our Site.
6. Help anyone perform these prohibited actions.
7. No Competitors: You may not use our Site or its Content in a way that competes with our business.

Payment methods

Herepay may add or remove payment methods. Our authorized  third-party payment providers handle online payments and store your payment information with your consent. Herepay doesn’t store your payment details. Ensure you have enough funds on your card to complete a transaction. Herepay provides the payment platform only, and doesn’t take responsibility for payments made to merchants. Deal directly with merchants for payment issues.

Refunds

For refunds and cancellations, please follow the merchant’s policy directly. Herepay isn’t involved in these disputes.

Content

Our Site’s content is general and not tailored to individual needs. We try to ensure its accuracy and completeness but make no guarantees

Intellectual Property

All rights to our Site and Content, including intellectual property, are owned or licensed by us, unless stated otherwise. Your use of our Site or Content doesn’t transfer any rights to you. You must not:

1. Copy or use any part of our Content.
2. Share our Content with third parties without our consent.
3. Infringe any intellectual property rights connected to our Site or Content.
4. User Content: You may post relevant information (User Content) on our Site. This remains your property, but by sharing it, you grant us a worldwide, non-exclusive, royalty-free licence to use it. 

You confirm that:

• You own or have the rights to all User Content you post.
• Your User Content doesn’t infringe on anyone’s rights or violate any laws.
• We aren’t responsible for any User Content and may remove it at our discretion.

If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address it accordingly. 

We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion. 

Cancellation and Refund:

Herepay Services: We don’t provide refunds for Herepay SaaS subscriptions. Cancellation details are as follows:

• Monthly contracts can be canceled anytime by contacting our team.
• Yearly contracts cannot be canceled before the end of the term. Contact hi@herepay.org for more details.
• Herepay Merchants and Consumers: Merchants may have their own cancellation and refund policies. Herepay is not involved in disputes between merchants and consumers.

Discontinuance

We may discontinue our Site at any time without notice. We’re not liable for any losses from this discontinuance.

Indemnity

Obligation to Indemnify: You, as the user of our Site, agree to indemnify, defend, and hold harmless , including our directors, officers, employees, agents, affiliates, successors, and assigns, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, arising from or relating to your use of our Site or your breach of these Terms and Conditions.

Continuation Post-Termination: This obligation to indemnify shall survive the termination or expiration of these Terms and Conditions and your cessation of use of the Site.

Compliance Obligation: Both merchants and payees using the Herepay platform are required at all times to comply with all laws, regulations, and guidelines set forth by the relevant authorities.

Exclusion of Liability: Herepay shall not be liable for any liabilities, claims, damages, or losses arising from any user’s non-compliance with such regulations and laws. The responsibility for ensuring adherence to all applicable regulations rests solely with the users of the Herepay platform.

Termination

We may terminate these Terms at any time without notice. Upon termination, all restrictions and limitations of liability in these Terms will remain in effect.

Force Majeure

We shall not be responsible for non-performance or delay in the performance of any of our obligations under an Agreement with you that is caused by circumstances beyond our control which includes flood, drought, fire, casualty, explosion, sabotage, accident, embargo, breakdown in equipment, communication line failure, power failure, lockout, strike, unavoidable accident, act of God, terrorism or threat of terrorism, riot, war, or any enactment, issuance or operation of any adverse governmental law, ruling, regulation, order or decree, or any other emergency that prevents us from operating normally.

Information

You agree that any information you provide us is accurate, complete, and up-to-date. Should any information you have furnished to us undergo changes, you are obligated to immediately update us with the details of such change.

Liability for Misinformation:

You acknowledge and agree that we rely on the information you provide to us in delivering our services. Therefore, in the event that any information provided by you is incorrect, incomplete, or outdated, you will be solely responsible for any loss, damages, or liabilities that arise due to such misinformation. Herepay will not be liable for any consequences or claims that arise due to your failure to provide accurate and updated information.

It’s crucial to have legal counsel review any additions or modifications to your terms to ensure they are enforceable and compliant with the applicable laws.

Severability

If any provision of an Agreement is or becomes for any reason whatsoever invalid, illegal or unenforceable, it shall be severable from that Agreement and shall be deemed to be deleted from it and the validity of the remaining provisions shall not be affected in any way.

Joint and Several Liability

If you are a trustee, partnership or other entity comprising more than one person or you are using any Service jointly with another person, each partner, trustee or person will be joint and severally liable for your obligations under the Agreements and references to you in the Agreements means each of those persons.

Applicable law

By visiting this website, you agree that the laws of Malaysia, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Herepay Sdn Bhd and you, or its business partners and associates.

PERSONAL DATA PROTECTION POLICY OF HEREPAY SDN BHD

1. Introduction

Herepay Sdn Bhd (“Herepay”, “we”, “us”, or “our”) is committed to the protection of your personal data and adherence to the Personal Data Protection Act 2010 of Malaysia.

2. Personal Data Collection

We may collect personal data that you provide directly to us, such as your name, address, contact information, and date of birth. This data is collected when you register with our platform, inquire about our services, or engage in transactions through our service.

3. Purpose of Data Collection

Your personal data may be used for the following purposes:

• Providing and maintaining the Herepay service.
• Processing transactions and sending related information.
• Responding to your queries or requests.
• Maintaining records for business purposes.
• Legal obligations and defend our legal rights.

4. Data Disclosure and Sharing

Herepay might disclose your data to:

• Service providers we collaborate with, including IT services, payment operators, and marketing agencies.
• Legal or government bodies, if mandated by law.

All third parties are bound to maintain the confidentiality and protection of your data as dictated by law.

5. Your Rights

You possess the right to:

• Access the personal data we hold about you.
• Correct any inaccurate or outdated data.
• Request the deletion of your personal data, as long as Herepay is not legally obligated to retain it.

If you wish to exercise any of these rights, please contact us.

6. Data Protection and Security

We employ administrative, technical, and physical measures to safeguard your personal data against loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. However, we cannot guarantee the absolute security of your data during its transmission or storage on our systems.

7. Amendments

Herepay Sdn Bhd reserves the right to amend this policy from time to time to ensure its relevance and compliance. Any modifications will be communicated to our users.

8. Contact

For any concerns, questions, or complaints related to your personal data, please contact us at hi@herepay.org.