Herepay Terms and Conditions (Effective from July 2024)

Welcome to Herepay (accessible at https://www.herepay.org/) (“Site”). We kindly ask that you carefully review the following Terms of Service before using this Site or creating a Herepay account (“Account”) to utilize our Services (as defined below). It is important that you understand your legal rights and responsibilities in relation to Herepay Sdn. Bhd. (Company No.: [Your Company Number]) and its affiliated entities (collectively referred to as “Herepay”, “we”, “us”, or “our”).

Prior to accessing our Services, you must thoroughly read and accept all terms and conditions within, and linked to, these Terms of Service. You must also agree to the processing of your personal data as described in our linked Privacy Policy.

Herepay reserves the right to modify, suspend, or terminate any aspect of our Site or Services at any time, with or without notice, in accordance with applicable laws. We may also introduce certain services or features in a preliminary or beta phase, which could function differently from their final version, and Herepay shall not be liable for any inconsistencies during this period. Additionally, Herepay may limit certain functionalities or restrict access to portions of, or the entirety of, the Site or Services at our discretion, without prior notice or liability.

Herepay retains the right to deny access to our Site or Services, or to refuse to open an Account for you, at our sole discretion and for any reason.

These Terms and Conditions govern the use of the Herepay platform and its white-labeled counterpart, Muafakatpay by Herepay. Any reference to Herepay in these terms includes both Herepay and Muafakatpay by Herepay, unless otherwise specified.

BY USING HEREPAY’S SERVICES OR CREATING AN ACCOUNT WITH HEREPAY, YOU EXPRESS YOUR UNCONDITIONAL ACCEPTANCE OF, AND AGREEMENT TO, THE TERMS OF THIS AGREEMENT, INCLUDING ANY ADDITIONAL TERMS AND POLICIES REFERENCED OR LINKED HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE REFRAIN FROM USING OUR SERVICES OR ACCESSING THE SITE.

Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

Account: Refers to the Herepay Account created by an Organization or Authorized Representative to access and use the Services provided by Herepay. The Account serves as the primary means through which the Organization interacts with Herepay’s platform, manages its services, and conducts transactions.

Authorized Representative: The individual within the Organization who has the requisite authority to bind the Organization to these Terms and act on its behalf.

“Organization” refers to the entity using the Herepay service or the Muafakatpay by Herepay service, including but not limited to schools, businesses, or other organizations registered on these platforms.

“Platform,” “us,” “we,” “our” refers to the Herepay platform and the Muafakatpay by Herepay platform, collectively or individually as the context requires.

“Service” refers to all services provided by Herepay, including those offered under the white-labeled platform Muafakatpay by Herepay.

Access to our Site and all associated features, service and content;

Use of our System, which facilitates various transactions and services;

Integration of payment gateway solutions into your website, enabling seamless processing of Online Payments made by your customers for the purchase of goods and/or services;

Payment Facilitation: Processing of Online Payments through our System for transactions occurring on your website, ensuring that your customers’ payments are handled securely and efficiently;

Processing of Offline Payments made by your customers at your physical locations using Terminals for any transactions, providing a complete payment solution;

Software as a Service (SaaS): The provision of Herepay’s proprietary software, updates, and related documentation as part of a subscription or other service agreement.

Fee & collection Management: Tools and features for managing, tracking, and reporting fees, donations, tips, and other financial transactions.

User Access: Access to the Herepay platform, website, and any related mobile applications or software.

Support Services: Customer support, technical assistance, and training provided by Herepay to help organizations effectively use the platform and its features.

Data analytics services, providing insights to help you make informed business decisions;

Services related to settlement, including the routing of transactions for authorization, clearing, and/or settlement purposes directly with the relevant Payment Scheme or via our Third-Party Payment Partners;

Any other services, software, or mobile applications we may offer from time to time as part of our evolving service offerings.

Terms: Refers to these Terms and Conditions, including any updates, amendments, or modifications that may be made by Herepay from time to time.

1. Agreement and Acceptance

By accessing or using our services, you hereby acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to these terms, you are expressly prohibited from using or accessing our services, and you must discontinue use immediately. We strictly limit access to our website, products, and services to those individuals or entities who have accepted these terms in full.

If you are under the age of 18, you must obtain the explicit consent of your parent or legal guardian prior to using our services. By continuing to use our services, you represent and warrant that such consent has been obtained. 

1.2 Binding Agreement: By completing the registration process and using Herepay’s services, including accessing our platform, the Organization acknowledges and agrees to be bound by these Terms and Conditions, effective immediately upon the first use of the services. The individual accepting these Terms represents and warrants that they have the authority to bind the Organization to this agreement.

1.3 Scope of Services: The term “Herepay Services” refers to all services provided by Herepay, including but not limited to fee management, payment facilitation, and the features and functionalities available on our website and platform. Any additional services introduced after registration will also be governed by these Terms unless explicitly stated otherwise.

1.4 Acceptance of Terms: The registration and continued use of Herepay’s services by the Organization constitute full acceptance of these Terms and Conditions. The Organization represents that the individual accepting these Terms is duly authorized to do so on behalf of the Organization. If the Organization does not agree with any part of these Terms, it should not register for or use our services.

1.5 Amendments to Terms: We reserve the right to amend these Terms and Conditions. Material changes include, but are not limited to, modifications to fees, payment terms, the scope of core services, or significant changes to service availability. If a material change results in a significant financial impact on the Organization, the Organization may request a review or terminate the agreement with 30 days’ notice.

1.6 Obligations of the Organization: As part of this binding agreement, the Organization agrees to:

(a) Provide accurate and up-to-date information during registration and maintain it throughout its use of the services;

(b) Comply with payment schedules and any associated fees as outlined on our platform;

(c) Adhere to all Herepay policies and guidelines as they pertain to its use of the services;

(d) Notify Herepay promptly of any changes in its authorized representative and ensure that the new representative reaffirms acceptance of these Terms within 14 days of assuming their role.

1.7 Joint and Several Liability: The Organization and its authorized representative(s) agree to be jointly and severally liable for payment obligations, compliance with Herepay policies, and direct damages arising from breaches of these Terms. Liability does not extend to indirect, consequential, or unforeseen damages.

1.8 Termination: Either party may terminate this agreement by providing 30 days’ written notice. The Organization may terminate this agreement immediately upon written notice if Herepay materially breaches its obligations, fails to comply with applicable legal or regulatory requirements, or if Herepay is subject to legal action or regulatory sanctions that could impact the Organization’s operations. Termination does not relieve the Organization of obligations incurred before the termination date.

1.9 Dispute Resolution: Any disputes arising from this agreement shall first be attempted to be resolved through mediation. Either party may initiate mediation by providing written notice to the other party. The parties shall mutually agree on a mediator within 14 days of such notice. If the parties cannot agree on a mediator within 14 days, a mediator shall be appointed by the Malaysian Mediation Centre or a similar recognized body. If mediation fails to resolve the dispute within 30 days of the mediator’s appointment, either party may pursue legal recourse.

1.10 Governing Law: This agreement shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles. The courts of Malaysia shall have exclusive jurisdiction over any disputes arising from this agreement.

2. ONBOARDING AND ACCOUNT REGISTRATION

2.1 Account Creation: By proceeding with the onboarding and registration process as described in this section, you confirm your acceptance of the Terms outlined in Clause 1. You may access our Services through the Site by registering as an authorized representative of your Organization. As part of this process, you will be required to create a Herepay Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. Your Organization must acknowledge your authority to act on its behalf during this registration process.

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

2.2 Required Information: During the sign-up process, you must provide all pertinent information as specified by Herepay. This includes, but is not limited to:

1. An official email address associated with your Organization;
2. Business or organizational documents issued by relevant authorities (e.g., certificates of incorporation, registration documents);
3. Active bank account details for settlement purposes;
4. Any additional information or documentation requested by Herepay for verification and compliance purposes.

This information will be used to verify and match your Organization’s identity with the provided banking information and to ensure compliance with applicable regulations.

2.2.1 Verification of Authority: By registering for a Herepay Account, you represent and warrant that you are an authorized representative of your Organization with the requisite authority to bind the Organization to these Terms. Herepay may request documentation to verify your authority, such as a formal letter of authorization or other official documents. If there is any change in the authorized representative, your Organization must promptly notify Herepay and provide updated verification within 14 days of the change.

2.3 Organisation Due Diligence: You will be subject to our organisation due diligence and know your customer (“KYC”) procedures both during onboarding and throughout your use of our Services. By proceeding with registration, you authorize Herepay to conduct background checks, including but not limited to credit checks, politically exposed persons (PEP) screenings, sanctions checks, and verification of your Organization’s structure, directors, shareholders, and ultimate beneficial owners. These checks are conducted in compliance with the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”). You are required to provide any requested information or documents necessary for these checks.

2.3.1 Verification and Accuracy: The information you provide must be accurate and complete. Herepay may reject, delay, or not process your registration if the information is found to be incorrect, misleading, or incomplete. You must ensure that your contact information, including your email address and phone number, is accurate and up-to-date to receive important communications from Herepay.

2.4 Use of Account: Your Account may grant you access to additional products, websites, or services that Herepay has integrated or collaborated with. Herepay assumes no responsibility for third-party content, functionality, security, or privacy policies associated with these products, websites, or services. The terms of service and privacy policies of those third parties may apply to your use of such products, websites, or services.

2.5 Account Security: You agree to:

1. Keep your password confidential and use only your User ID and password when logging in;
2. Log out from your Account at the end of each session on the Site;
3. Immediately notify Herepay of any unauthorized use of your Account, User ID, and/or password; and
4. Ensure that your Account information is accurate and up-to-date.

You are fully responsible for all activities that occur under your User ID and Account, even if such activities were not authorized by you. Herepay shall not be liable for any loss or damage arising from unauthorized use of your password or failure to comply with these security measures.

2.6 Account Suspension or Termination: Herepay reserves the right, at its sole discretion and with or without notice or liability to you or any third party, to suspend, freeze, or terminate your Account and User ID. Herepay may also remove content associated with your Account, cancel transactions, withhold funds, and take other actions deemed necessary. Grounds for such actions may include, but are not limited to:

1. Extended periods of inactivity;
2. Violation of these Terms of Service;
3. Illegal, fraudulent, or abusive behavior;
4. Abnormal transactions or activities;
5. Violation of the terms and conditions of third-party payment providers or payment schemes;
6. Behavior that is harmful to the business interests of Herepay.

2.6.1 Suspension or Termination Process: If Herepay identifies grounds for suspension or termination, it may first conduct an internal investigation. Depending on the severity of the issue, Herepay may notify you of the findings and provide an opportunity to address the concerns before taking action. However, in cases of serious violations, Herepay reserves the right to act immediately without prior notice. The use of an Account for illegal or fraudulent purposes may be reported to law enforcement authorities.

2.7 Right to Deny: Herepay reserves the right to deny registration if the required information is not provided or is incomplete.

3. ORGANIZATION OBLIGATIONS

3.1 Compliance with Laws: You undertake to comply with all applicable laws, regulations, and guidelines in Malaysia and any other jurisdictions where your Organization operates. You are solely responsible for ensuring that your use of Herepay’s services does not violate any legal requirements, including those related to financial transactions, consumer protection, data privacy, and anti-money laundering.

3.2 Responsibility for Transaction Fees and Charges:

You agree to incur all transaction fees, service charges, taxes (if any), and other costs associated with the use of Herepay’s services as outlined in these Terms and Conditions. All applicable fees, including but not limited to transaction fees, processing charges, service charges, and taxes, are applicable as specified. Failure to acknowledge and manage these costs appropriately may result in the immediate suspension or termination of your account, as well as the imposition of additional penalties.

You acknowledge that it is your responsibility to fully understand and agree to the pricing structure, fees, and any other costs associated with using Herepay’s services. This includes fees that may be charged to payees, such as transaction fees, tip sharing, service charges, or any other charges that arise from the use of Herepay’s platform. Further details regarding these fees and charges can be found in Clause [X] and on our pricing page [link].

As part of your obligations, you must transparently communicate to your payees any fees or charges they may incur when using Herepay’s services through your Organization. This transparency ensures that payees are fully informed of any costs before completing a transaction, thereby maintaining trust and compliance with applicable regulations.

3.3 Accuracy of Information: You warrant that all information provided to Herepay during the onboarding process and throughout your use of our services is accurate, complete, and up-to-date. You must promptly notify Herepay of any changes to this information. Failure to maintain accurate information, or to update Herepay on changes, may result in immediate account suspension, termination, or other legal actions. Herepay is not responsible for any consequences arising from your failure to provide accurate and updated information.

3.4 Permissions and Mandates: Before running any campaign, collection, donation, or event using Herepay’s services, you must obtain all necessary permissions, approvals, and mandates from the relevant authorities. Herepay shall not be liable for any legal or regulatory issues arising from your failure to secure these permissions. You agree to indemnify Herepay against any claims, penalties, or legal actions resulting from your non-compliance with this requirement.

3.5 Exclusive Use: Herepay’s services are provided exclusively for your Organization. You must not collect, aggregate funds, or run campaigns on behalf of other organizations or entities. Misuse of Herepay’s services for unauthorized purposes will result in immediate account revocation and may lead to legal action, including indemnification of Herepay for any damages incurred.

3.6 Intellectual Property and Branding: The name “Herepay,” along with all associated brands, intellectual property, and the platform, are the exclusive property of Herepay. You acknowledge that no rights, licenses, or interests are granted to you except as expressly provided in these Terms. Any unauthorized use, reproduction, or distribution of Herepay’s intellectual property is strictly prohibited and may result in legal action.

3.7 Indemnity for Fraudulent Transactions: You acknowledge that Herepay cannot control or prevent fraudulent or illegal activities conducted by third parties. In the event of any losses suffered by Herepay due to such fraudulent transactions, you agree to indemnify Herepay in accordance with Clause 13 – Indemnity. This indemnification covers, but is not limited to, fraudulent credit card transactions, chargebacks, and unauthorized access.

3.8 Payment Verification: Herepay may, at its discretion, require you to verify payments with your customers and/or the relevant Payment Channel operator if there is any suspicion regarding the authenticity of a transaction performed on your website or if such verification is required by the Payment Channel operator. You are obligated to cooperate fully in such verification processes and to bear any costs associated with the verification.

3.9 Transparency on Your Website: You must ensure that your website accurately represents your Organization, including your trading name, physical address, contact information, and the goods or services offered. You are required to provide clear and comprehensive information regarding pricing, the purchasing process, the point at which a sale is completed, and your policies on delivery, returns, and refunds. This transparency is critical for maintaining customer trust and complying with legal obligations.

3.10 Limited License to Use Services: Herepay grants you a limited, non-transferable, and revocable license to access and use its services, subject to the terms and conditions set forth herein. All proprietary content, trademarks, service marks, brand names, logos, and other intellectual property displayed on the Herepay platform are the property of Herepay or, where applicable, third-party proprietors. You shall not claim any right, title, or interest in Herepay’s intellectual property and shall not use it in any manner not expressly authorized by these Terms.

3.11 Intellectual Property Compliance: By using Herepay’s services, you agree to comply with all applicable laws related to intellectual property, including copyrights, trademarks, and service marks. You shall not copy, distribute, republish, transmit, publicly display, modify, adapt, rent, sell, or create derivative works from any part of Herepay’s services or platform without prior written consent from Herepay. You also agree not to mirror or frame any part of the Herepay platform on another website or server without prior written consent.

3.12 Use of Your Organization’s Branding: By using Herepay’s services, you authorize Herepay to display your Organization’s name, logo, and/or trademark on its platform and marketing materials to indicate that you are a client of Herepay, unless you expressly request otherwise. You may withdraw this consent at any time by providing written notice to Herepay.

3.13 Retention of Transaction Records: You shall retain copies of all transaction records for a period of seven (7) years and provide such records to Herepay within five (5) business days upon request. You authorize Herepay to transfer this information to the relevant Payment Channel operator as necessary to provide the services. Failure to retain or provide these records may result in account suspension or other penalties.

3.14 Notification of Product Defects: You agree to inform Herepay as soon as you become aware of any significant product defects, logistics issues, or other problems that could result in chargebacks, refunds, or the failure to deliver goods or services to your customers after completing a transaction. You are obligated to take immediate corrective action to mitigate the impact on customers and prevent further issues.

3.15 Customer Dispute Resolution and Refunds: You are solely responsible for resolving any disputes, claims, or complaints from your customers related to goods, products, or services purchased through the Herepay platform. This includes handling any refunds that may be required. Once a payment has been processed, completed, and settled by the payment gateway and transferred to your account, you are fully responsible for managing and issuing any refunds. Herepay shall not be liable for any refunds or disputes related to the underlying contract of sale, including issues such as quality, pricing, or delivery delays.

3.16 Prohibited Transactions: You agree not to use the Herepay platform for transactions involving prohibited or restricted items under applicable laws, including items listed as banned by Herepay or relevant authorities. Engaging in prohibited transactions will result in immediate account suspension and may lead to legal action, including reporting to relevant authorities.

3.17 Adherence to Additional Terms: You acknowledge that Herepay may be required to comply with additional terms and conditions imposed by relevant Payment Channels, Payment Schemes, or third-party payment providers (TPPPs). You agree to be bound by such additional terms, which may be communicated to you from time to time. Your continued use of the Herepay platform constitutes your acceptance of these additional terms. In the event of any inconsistency between these Terms and the terms of a Payment Channel, the latter shall prevail.

3.18 Fraud Prevention Standards: You shall establish and maintain adequate internal procedures and protocols to comply with relevant Payment Channel standards as prescribed by the Payment Channels, Payment Schemes, or TPPPs. These standards include all laws, rules, policies, and operational regulations that aim to mitigate the risk of transaction fraud. You are responsible for regularly reviewing and updating your procedures to ensure compliance with these standards.

3.19 Consequences of Non-Compliance: Failure to comply with any of the obligations outlined in this section may result in the immediate suspension or termination of your account, the forfeiture of any funds held in your account, and the reporting of your activities to relevant authorities. Herepay reserves the right to take legal action as necessary to protect its interests and to recover any damages incurred as a result of your non-compliance.

4. Transaction Fees, Authorization, Subscription, Charges, Tax

4.1 Agreement to Fees, Charges, and Authorization:

By using Herepay’s services, you agree to incur and be responsible for all applicable transaction fees, tip sharing (as outlined in Clause 5), subscription charges, taxes (if any), and other costs associated with the use of the Herepay platform as outlined in these Terms and Conditions. The acceptance and processing of transactions by Herepay do not create a binding obligation to honor those transactions, and Herepay reserves the right to reject any transaction that it deems non-genuine, fraudulent, or suspicious.

4.2 Authorization and Payment Guarantees:

Authorization of a transaction by Herepay does not guarantee payment to your Organization. Transactions may still be subject to chargebacks, refunds, or other deductions as outlined in these Terms and Conditions. Organizations should not assume that authorization equates to a final, irrevocable payment.

4.3 Pricing Page and Updates:

The fees, charges, and associated costs, including those related to tip sharing (as described in Clause 5), are detailed on our pricing page. You are strongly encouraged to regularly check this page for updates. Herepay will notify you of any changes to the pricing structure via email at least 7 days in advance of such changes taking effect.

4.4 Digital Record Keeping:

Herepay maintains digital records of all transactions conducted on its platform, including but not limited to payee acknowledgments, transaction fees, and any other charges. These records are retained for the period required by applicable regulatory authorities. The records serve as proof that the payee and the organization were informed of and agreed to the terms, ensuring that Herepay can demonstrate compliance with transparency and disclosure obligations.

4.5 Right to Withhold Funds:

Herepay reserves the right to withhold any amounts reasonably required to cover potential or expected refunds, chargebacks, or disputed transactions. Withheld amounts will be settled once the associated liabilities have been resolved.

5. Tip Sharing and Optional Donation Feature

5.1 Tip Sharing and Optional Donation Feature:

Herepay’s platform offers a unique, optional feature that allows end-users (payees) to contribute additional funds through donations or tips. This feature is designed to enhance payee engagement and provide additional support to your Organization. The decision to contribute through this feature is entirely at the discretion of the payee, ensuring flexibility and control over their contributions.

5.2 Disclosure and Acknowledgment of Tip Sharing:

Herepay provides clear and explicit communication regarding the tip-sharing policy during the payment process. This information is prominently displayed on the payment page and requires the payee’s acknowledgment before completing the transaction. By proceeding with the payment, the payee explicitly agrees that a portion of the tip will be retained by Herepay as detailed in our pricing structure. The payee’s acknowledgment serves as legal confirmation of their understanding and acceptance of the tip-sharing arrangement. Tips are non-refundable once the transaction is completed.

5.3 Value Addition and Fairness Commitment:

The tip-sharing feature promotes appreciation and support for the entities involved. Herepay retains a portion of these tips or donations to cover the costs associated with facilitating this feature and to reinvest in platform improvements. Our profit-sharing scheme is designed to ensure fairness: it allows organizations to benefit from the generosity of their supporters while supporting the sustainability and enhancement of our platform.

5.4 Communication of Tip Sharing:

Herepay provides clear, written communication regarding tip sharing during campaign creation and on the payment page. You are strongly encouraged to transparently convey this information, along with any other charges, to your payees. This ensures that payees are fully informed before completing their transactions, maintaining trust and compliance with applicable regulations.

6. Settlement

6.1 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 these Terms and Conditions.

6.2 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.

6.3 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.

6.4 Alternative Payment Methods:

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

6.5 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.

6.6 Deductions from Settlement Funds:

Before settling funds to your Organization, Herepay may deduct the following:

• Service charges as outlined in the applicable pricing structure.
• Refunds processed in accordance with our refund policy.
• Chargebacks, fines, and penalties imposed by payment providers or schemes related to your transactions.
• Any applicable taxes, including sales and service taxes.
• Withholding taxes, foreign transfer fees, and foreign exchange rate adjustments for international transactions.
• Disputed transactions and any amounts required to cover potential or expected refunds or chargebacks.

6.7 Settlement Threshold:

If the settlement amount due to your Organization is below the minimum threshold specified by Herepay, the settlement may be carried forward to the next settlement date. Herepay reserves the right to hold back any shortfalls in settlement to cover potential liabilities and may deduct such shortfalls from future settlements.

6.8 Currency Conversion and Settlement:

All settlements will be made in Ringgit Malaysia (MYR). For transactions conducted in foreign currencies, Herepay will apply the prevailing exchange rate at the time of conversion, subject to the rates provided by its banking partners. Associated fees and charges for currency conversion may apply.

7. Site and Community Platform Rules

7.1 Prohibited Actions:

By using Herepay’s Site and participating in our Community Platform, you agree not to:

1. Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of privacy, or objectionable in any way.
2. Violate any applicable laws or regulations, including export and import restrictions, third-party rights, or Herepay’s prohibited and restricted items list.

iii. Impersonate any person or entity, or misrepresent your affiliation with a person or entity.

1. Remove or alter any proprietary notices on the Site.
2. Use the Services or upload content in a manner that is fraudulent, misleading, or deceptive.
3. Take any action that undermines the Site, the Community Platform, or the Services provided by Herepay.

vii. Attempt to decompile, reverse engineer, disassemble, or hack the Services, or defeat any security measures implemented by Herepay.

viii. Collect or harvest any information about other users, including personal data, without their consent.

1. Upload, email, post, transmit, or otherwise make available any content that infringes on any intellectual property rights, including patents, trademarks, copyrights, or trade secrets.
2. Upload, email, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or other forms of solicitation.
3. Upload, email, post, transmit, or otherwise make available any material containing software viruses, worms, Trojan horses, or other harmful code.

xii. Engage in any conduct that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services.

xiii. Violate the privacy of others or engage in stalking or harassment.

xiv. Infringe upon Herepay’s rights, including intellectual property rights, or assist others in doing so.

1. Collect or store personal data about other users in connection with prohibited activities.

7.2 User Responsibility for Content:

You are solely responsible for all content you upload, post, email, or otherwise make available through Herepay’s Site and Community Platform. Herepay does not endorse or guarantee the accuracy or quality of any content and will not be liable for any content that you find offensive, indecent, or objectionable.

7.3 Platform’s Rights:

Herepay reserves the right, at its sole discretion, to pre-screen, refuse, delete, or remove any content that violates these Terms or is otherwise objectionable. Herepay may block communications, suspend, or terminate accounts that violate these Terms.

7.4 Legal and Regulatory Compliance:

You acknowledge that Herepay may access, preserve, and disclose your account information and content to legal or regulatory authorities if required by law, or in a good faith belief that such access is necessary to comply with legal obligations, enforce these Terms, respond to claims, protect the rights and safety of Herepay, or address security issues.

8. Intellectual Property

8.1 Ownership of Rights:

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

1. Copy or use any part of our Content without permission.
2. Share our Content with third parties without our consent.

iii. Infringe on any intellectual property rights connected to our Site or Content.

8.2 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 license to use it. By posting, you confirm that:

1. You own or have the rights to all User Content you post.
2. Your User Content does not infringe on anyone’s rights or violate any laws.

iii. We are not responsible for any User Content and may remove it at our discretion.

9. Cancellation and Refund

9.1 Herepay Services:

We do not provide refunds for Herepay SaaS subscriptions. Details regarding cancellations are as follows:

1. Monthly Contracts: Can be canceled anytime by contacting our team.
2. Yearly Contracts: Cannot be canceled before the end of the term. For more details, contact hi@herepay.org.

9.2 Herepay Merchants and Consumers:

Merchants may have their own cancellation and refund policies. Herepay is not involved in disputes between merchants and consumers.

10. Discontinuance

Herepay reserves the right to discontinue our Site at any time without notice. We are not liable for any losses that may arise from this discontinuance.

11. Indemnity

11.1 Obligation to Indemnify:

You agree to indemnify, defend, and hold harmless Herepay, including our directors, officers, employees, agents, affiliates, successors, and assigns, from and against any and all losses, damages, liabilities, claims, actions, or expenses (including attorney fees) arising from your use of our Site or your breach of these Terms and Conditions.

11.2 Continuation Post-Termination:

This obligation to indemnify will continue even after the termination or expiration of these Terms and Conditions and your cessation of use of the Site.

12. Compliance Obligation

Both merchants and payees using the Herepay platform must comply with all applicable laws, regulations, and guidelines set by the relevant authorities.

13. Exclusion of Liability

Herepay is not liable for any claims, damages, or losses resulting from a user’s non-compliance with applicable laws and regulations. The responsibility to adhere to all relevant laws rests solely with the users of the Herepay platform.

14. Termination

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

15. Force Majeure

We are not responsible for non-performance or delays caused by circumstances beyond our control, including natural disasters, government actions, or other emergencies that prevent normal operation.

16. Information Accuracy

You agree to provide accurate, complete, and up-to-date information when using our services. If your information changes, you must update us immediately.

16.1 Liability for Misinformation:

You are responsible for any losses or damages resulting from providing incorrect or outdated information. Herepay is not liable for consequences arising from such misinformation.

17. Severability

If any part of these Terms is found to be invalid, illegal, or unenforceable, that part will be removed, and the remaining provisions will continue to be in effect.

18. Joint and Several Liability

If you use our Services jointly with another person or as part of a partnership or entity, each party is jointly and severally liable for all obligations under these Terms.

19. Applicable Law

By using this website, you agree that the laws of Malaysia will govern these Terms and Conditions, without regard to conflict of law principles.

APPENDIX TO PAYEE

Appendix: Payee Information and Responsibilities

1. Understanding Your Payment

When you proceed with a payment through Herepay, your transaction may include various charges, such as transaction fees and optional tip sharing. These charges will be clearly displayed before you complete the payment.

2. Consent to Terms

By clicking “Pay Now” “Proceed” and completing the transaction, you confirm that you have read, understood, and agreed to the relevant terms and conditions associated with your payment. If you do not agree with any of the terms, please do not proceed with the payment.

3. Fee Transparency

All fees, charges, and contributions are transparently displayed at the time of payment. This includes transaction fees, tip-sharing contributions, and any other applicable charges. Your acknowledgment of these fees is required before the payment can be processed.

Please note that all charges, including transaction fees and optional tip sharing, are determined in collaboration with the organization you are supporting. The organization has agreed to these terms to enhance their service and provide you with the convenience of secure and efficient payments.

4. Refunds and Disputes

If you require a refund or need to dispute a transaction, please contact the merchant organization directly. Herepay facilitates the payment process but does not manage refunds. The merchant is responsible for addressing and resolving any disputes.

5. Data Privacy and Security

Your personal and payment information is securely handled in compliance with our Privacy Policy. We only share your information with authorized parties necessary to process your payment and ensure its successful completion.

6. Optional Tip Sharing

Herepay offers an optional feature where you can choose to contribute additional funds through tips. The organization you are supporting has agreed to this feature as a way to enhance their service and provide you with an option to further support their efforts.

The optional tip-sharing feature is a voluntary contribution designed to support both the organization and the continuous improvement of the payment platform. Your participation in this feature is entirely optional, and all contributions are transparently detailed before you complete your payment.

7. Collection of Payee Information

As required by regulators, Herepay may collect specific payee information, including your name, email, and phone number, to facilitate the transaction and comply with legal obligations. You are strongly advised to provide genuine and accurate information. Your data is securely stored in accordance with the Personal Data Protection Act (PDPA) and our Privacy Policy.