Legal

Terms of Service

Please read these Terms carefully. By registering for or using CommercePayment, you agree to be bound by them. Anyone you allow to access the Services through your account is also bound. If you do not agree, do not use the Services.

This Agreement is between [CommercePayment legal entity name] [Company No: XXXXXXXX-X], of [registered address], Malaysia ("CommercePayment", "we", "us"), and any individual, company or organisation that uses our Platform or Services (the "User", "you").

1. Use of the Services

You agree to use the Platform and Services only for lawful purposes and in compliance with all applicable Malaysian laws. You agree not to, and not to allow others to: access non-public parts of the Platform or Data; copy, resell or redistribute any part of the Services except as permitted by law; reverse engineer or circumvent technical limitations; interfere with normal operation of the Platform or other users' use of it; or impose an unreasonable load on the Platform.

[Insert your prohibited-business list here — the categories you do not support, e.g. gambling, adult content, unlicensed financial services, scams.]

2. Account and Verification

You are responsible for providing accurate, complete and current registration information, including your bank-account details, and for keeping it up to date. We may request identification or business-registration documents. Until verification is complete, you may not receive funds, and any funds received may be held until approval. We may re-verify your account at any time and hold funds as collateral if we suspect fraud, money laundering, terrorist financing or other unlawful activity, for as long as the review or any authority/financial-institution requirement lasts. CommercePayment is not liable for losses resulting from incorrect information you provide.

3. Fees

We may charge fees for using the Platform and Services, including transaction, settlement, reimbursement, chargeback and currency-conversion fees. The current fee schedule is at [link] or available on request. We may change fees at any time with prior notice, and may apply different fees to different Users. You are responsible for any government taxes or fees on your use of the Services.

4. Settlement and Reimbursement

You appoint CommercePayment as your agent to collect, hold, process and settle payments due to you from your Customers, less applicable fees. We will make reasonable efforts to settle in a timely manner but are not responsible for delays or errors caused by factors beyond our control, such as banking downtime or Third-Party payment-processor delays.

5. Refunds, Chargebacks and Disputes

You are solely responsible for the nature and quality of your products and services, and for delivery, support, refunds, returns and resolving disputes with your Customers. We will not initiate a refund or chargeback to a Customer without proper instruction or authorisation from the relevant financial institution and after any required compliance review. We reserve the right to reverse any chargebacks and associated costs back to you. If you fail to resolve disputes or provide adequate support, we may suspend your account and hold pending Transactions, Settlements or Reimbursements as collateral.

6. Security and Fraud

You are solely responsible for the security of Data on your own website and systems and must comply with applicable data-protection laws. We do not guarantee that you or your Customers will not be victims of fraud, and you agree to apply the security controls we recommend. You and your Customers are responsible for losses arising from lost or stolen credentials or fraudulent Transactions, except where caused by our wilful misconduct.

7. Payment Partners

We provide payment processing partly through Third-Party processors and partners (such as PayNet/FPX, card networks and e-wallet providers). You agree we may share relevant information with them to provide the Services, and you must comply with any additional terms they impose. We are not liable for losses resulting from the use of these Third-Party services.

8. Intellectual Property

All content on the Platform — text, graphics, logos, images and software — belongs to CommercePayment or its licensors and is protected by law. You may not reproduce, distribute or create derivative works from it without our written permission. You are granted a non-exclusive, non-transferable, revocable licence to use the Platform and API to integrate your own applications; this licence ends on account deactivation.

9. No Warranty

The Platform and Services are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee accuracy, completeness, timeliness or reliability, and are not responsible for errors, omissions or downtime.

10. Limitation of Liability

To the fullest extent permitted by law, CommercePayment and its affiliates, directors, officers, employees and partners will not be liable for any indirect, incidental, consequential, special or punitive damages, including loss of profits, goodwill or data. Our liability for direct damages will not exceed the amount you paid for the particular Transaction giving rise to the claim.

11. Indemnification

You agree to indemnify and hold CommercePayment and its affiliates, officers, directors, employees and agents harmless from any claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising from your use of the Services, your breach of this Agreement, or your violation of any third party's rights. This obligation survives termination.

12. Termination

We may terminate this Agreement and your access to the Services at any time, with or without notice, for any reason. On termination, you must immediately stop using the Platform and Services. Provisions that by their nature should survive — including Limitation of Liability and Indemnification — will survive.

13. Changes, Governing Law and General

We may modify this Agreement at any time by posting a revised version on the Platform; continued use means acceptance. This Agreement is governed by the laws of Malaysia, and disputes are subject to the jurisdiction of the Malaysian courts. If any provision is held invalid, the rest remain in effect. Our failure to enforce any provision is not a waiver. We are not liable for failure or delay caused by events beyond our reasonable control (force majeure).