1. Introduction
1.1 This Cardholder Terms of Service contains the terms and conditions applicable to your ShopeePay Unlimited Card (the “Card”). By applying for and/or using any Card, you are deemed to have read, understood and accepted all the terms in this Cardholder Terms of Service. The terms in this Cardholder Terms of Service and amendments made hereto from time to time shall apply to any Card(s) already issued to you, any Card and Card-related services we may provide you from time to time, and each time you make use of the Card and Card-related services.
1.2 This Cardholder Terms of Service supplements and is to be read together with the (i) ShopeePay Terms of Service, (ii) SPayLater Terms and Conditions, and (iii) ShopeePay E-Services Platform Terms of Service (with the Cardholder Terms of Service, (i), (ii), and (iii) together referred to as the “General Terms”), each as may be applicable to you and as may be amended, modified or supplemented from time to time. The General Terms apply to your use of the Card and any services we provide you in relation to the Card. If you do not agree with any of these terms, you should not use, sign, activate the Card or carry out any transaction.
1.3 ShopeePay Malaysia Sdn. Bhd. (“ShopeePay”, "Company", "we", "us" or "our") reserve the right at all times, at our sole discretion, to change, modify, suspend or discontinue any portion of the Card or Card-related services, including payment methods, temporarily or permanently, without notice to you or giving any reason. We may release certain Card-related services or their features in a beta version, which may not work correctly or in the same way that the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire, Card-related services in our sole discretion and without notice or liability. We reserve the right to refuse to provide you access to the Card or to allow you to request for a Card for any reason (whether or not such reason is disclosed to you).
1.4 In the event of any conflict or inconsistency between provisions in the following documents:
(a) this Cardholder Terms of Service shall govern the relationship between you and ShopeePay in relation to your use of the Card and the Card features on the App;
(b) ShopeePay Terms of Service will govern the relationship between you and ShopeePay in relation to your ShopeePay Wallet and the Platform generally;
(c) ShopeePay E-Services Platform Terms of Service will govern the relationship between you and ShopeePay in relation to your use of Money+; and
(d) SPayLater Terms and Conditions will govern the relationship between you and Monee Capital Malaysia Sdn. Bhd. (“Monee”) in relation to your use of the SPayLater service.
2. Definitions
2.1 In this Cardholder Terms of Service:
(a) “Account” means your ShopeePay account governed by the ShopeePay Terms of Service.
(b) “App” means the ShopeePay mobile application where you are able to access your Account / ShopeePay Wallet and your Card.
(c) “Applicable Law” means any applicable national, federal, supranational, state, regional, provincial, local or other statute, law, ordinance, regulation, rule, code, guidance, order, published practice or concession, regulatory requirement, judgment or decision of a governmental authority and, for the avoidance of doubt, includes all requirements, regulations, notices, directions, guidelines, codes, practice notes, circulars, policy statements, guidance, examples, waivers and other similar materials published or otherwise made by Bank Negara Malaysia and/or the Personal Data Protection Committee from time to time, and any rules, regulations, guidance and approach document of any other governmental authority in Malaysia.
(d) “Card” means the prepaid card issued by us pursuant to this Cardholder Terms of Service.
(e) “Card PIN” means the 6-digit personal identification number provided to you together with the Card.
(f) “Digital Wallet” means a third-party application on your mobile device to which you can add your Card for use in an electronic format as a Provisioned Virtual Card without presenting the physical card.
(g) “ShopeePay E-Services Platform Terms of Service” refers to the terms of service governing your use of, among other services, the Money+ account (a ShopeePay e-wallet sub-account which is integrated with an investment fund) (as may be amended from time to time by us in our sole discretion), which can be found at https://help.shopee.com.my/portal/4/article/183860.
(h) “Foreign Currency” means any currency besides the currency that your ShopeePay Wallet is denominated in.
(i) “Payment Source” means the underlying source of funds for a Transaction made with your Card.
(j) “PIN” means the 6-digit ShopeePay personal identification number that you have selected when opening an Account.
(k) “Privacy Policy” means any or all of the https://help.shopee.com.my/portal/4/article/77218 and https://help.shopee.com.my/portal/4/article/77230.
(l) “Provisioned Virtual Card” means a card that is digitised, enrolled and stored electronically in a Digital Wallet.
(m) “ShopeePay Terms of Service” refers to the terms of service governing your Account and ShopeePay Wallet (as may be amended from time to time by us in our sole discretion), which can be found at https://help.shopee.com.my/portal/4/article/77225.
(n) “ShopeePay Wallet” refers to the electronic wallet operated and maintained by ShopeePay, and accessible through your Account that stores monetary value.
(o) “SPayLater Terms and Conditions” refers to the terms of service governing the SPayLater service provided by Monee (as may be amended from time to time by us in our sole discretion), which can be found at https://help.shopee.com.my/portal/4/article/77231 .
(p) “SPayLater” means the buy-now-pay-later (BNPL) solution offered by Monee and accessible through the App or your Account, with ShopeePay as the platform partner. For the avoidance of doubt, BNPL products, including SPayLater, are not regulated by Bank Negara Malaysia and are instead subject to oversight by the Consumer Credit Commission.
(q) “Transaction” means any payment transaction carried out with your Card.
(r) “use”, “using” or “use of” any Card means use of the Card (whether physical or virtual) or any detail or particular of the Card, including but not limited to the Card number and expiry date of the Card or use via such other permitted channels or means as we may designate or allow from time to time.
(s) “you”, “your” and “Cardholder” means the person who applied for the Card or on whose behalf the Card has been applied for, and to whom the Card is issued.
(t) “we”, “us”, “our” means ShopeePay and its successors or assigns.
3. Account and Eligibility
General Eligibility
3.1 To be issued a Card, you must satisfy the requirements as set out in Clause 1.2 of the ShopeePay Terms of Service and SPayLater Terms of Service.
3.2 We may, in our sole and absolute discretion, choose to offer the Card to any but not all persons who satisfy the criteria in Clause 3.1 above.
Verification checks and AML compliance
3.3 In order to comply with anti-money laundering laws and regulations, we are required by law to carry out certain checks on all our customers before we can provide you with the Card. We may ask you to provide us with certain information and documentation to enable us to carry out our checks, including verifying your identity. You may be required to provide additional information or documentation to verify your identity and the purpose of any Transaction. Failure to comply with our requests for information or documentation may result in the refusal of application for the Card or suspension or termination of your Card, the Card-related services or Transactions.
3.4 When signing up for a Card, you must ensure that all information on your Account and any other information that you provide is complete, current, accurate and free of errors. It is very important to keep us updated about any changes to the information provided as part of your application for the Card and any information and documentation submitted to us (including information in your Account). It includes information about any sanctions applicable to you, or any other circumstances which would make your use of the Card or Card-related services illegal. You must inform us promptly about any changes to your circumstances affecting your eligibility for the Card and/or your ability to comply with this Cardholder Terms of Service.
3.5 You must ensure that your contact details on your Account remain accurate and up to date. We will use those contact details to contact you wherever required under this Cardholder Terms of Service or in connection with the Card, including if we suspect or become aware that there has been fraudulent activity on, or a security threat to, your Card. You may update your contact details at any time by logging in to the Account. We shall not be responsible for any loss arising out of your failure to keep your contact details updated.
4. The Card
4.1 We may, at our sole and absolute discretion, issue a Card to you.
4.2 After we have approved your Card application, the Card will be made available to you in electronic format (including being made available in the App). You represent and warrant that you are the owner of the Account used to activate the Card, that you personally activated the Card, and that you are the sole holder and user of the Card. You must keep the Card, Card number, expiration date, CVV number, and any other Card-related information, including your PIN and Card PIN, strictly confidential and must not disclose them to any third party.
If any deduction is made from your Account via the use of the Card - or the use of the Card number, expiration date, CVV number, other Card-related information, or PIN and Card PIN - whether by you, with your permission, or by any person impersonating you, whether due to your intentional act or negligence, such Transaction shall be deemed valid and binding on you. You further agree and acknowledge that such action constitutes the provision of an electronic signature to us as evidence for conducting Transactions via the Card. You agree that we may rely on records of such Transactions as original documents and admissible evidence to prove that the Transaction was carried out by you, without requiring any additional documentation. In such cases, you agree to be fully responsible for any resulting loss or damage and shall not dispute or claim compensation from us under any circumstances.
4.3 In addition, we may, subject to our sole and absolute discretion, send a physical form of the Card to your mailing address in our records upon your request. We reserve the right to charge a fee as set out in our table of fees found at https://help.shopee.com.my/portal/4/article/204754 (“Fee Table”) in respect of any Card issuance in physical form. Please ensure you have stated the current and correct mailing address in your Account to avoid your physical card being sent to the wrong address. If you would like to change your mailing address, please contact us through the Chat, Internet Call, or any functions we may make available to you from time to time via our “Help Center”, located under the “Me” page.
4.4 Upon receipt of your Card, you must comply with such card activation, security and other procedures as may be prescribed by us and upon receipt of your Card in physical form, you must sign such Card immediately and ensure that the name on your physical Card matches with your Account information. You agree to be fully liable for any losses or damages arising from failure to comply with the card activation, security measures, or this Clause. If you find any discrepancy between the name on your virtual Card and your physical Card, please contact us through the Chat, Internet Call, or any functions we may make available to you from time to time via our “Help Center”, located under the “Me” page.
4.5 The Card is valid for the period as stated on the face of the physical Card or in the App. After the expiry period, you will be issued with a new Card unless otherwise instructed by you or as otherwise determined and/or declined by us. Without prejudice to the foregoing, the renewal of a new Card by us for you upon the expiry period shall be at our sole and absolute discretion. We may decline any renewals or requests for replacement Cards at our sole and absolute discretion, and our decision shall be final and conclusive.
4.6 The Card remains our property at all times. We may, upon providing prior notice with reasons to you, request for the Card to be returned at any time at our absolute discretion, whereupon you shall cut any physical Card in half so that the magnetic stripe and hologram are no longer intact and return the Card immediately to us (if the Card has been issued in physical form), and cease all use of the Card.
4.7 You shall not use the Card for any unlawful purpose. The purchase of goods and services through the use of the Card that would contravene any Applicable Law is prohibited.
4.8 You may add your Card to a Digital Wallet for use in an electronic format as a Provisioned Virtual Card without presenting the physical card. You agree to the terms in Schedule 1 when you add, activate and/or provision the Card for use within a Digital Wallet, or use your Provisioned Virtual Card.
4.9 You will not be able to use your Card if your Account is suspended, frozen, or inactive.
5. Transactions
5.1 All Cards are issued with contactless functionality and are MasterCard Contactless Cards. Once the Card is activated, you may start to use the Card to purchase goods and services worldwide anywhere a MasterCard card is accepted. Each time you use the Card to purchase goods or services, you authorise us to deduct your funds from your Payment Source.
5.2 You may use your Card and/or PIN and/or Card PIN as your electronic signature for effecting the following authorised Transactions:
(a) card-not-present Transactions (i.e. Transactions effected in a merchant environment where the cardholder and the Card are not physically present at the time of usage), such as internet-based transactions, mail, telephone or facsimile orders or reservations or recurring payments; and/or
(b) point of sale Transactions with your Card via contactless payment, signature and/or via PIN at merchants’ point of sale terminals.
No other person is allowed to use the Card and/or PIN and/or Card PIN to make any Transactions. We may determine at our sole discretion the facilities that you may utilise using your Card and/or PIN and/or Card PIN. Should we decide to, we may also modify any such facilities.
Payment Source
5.3 The following options are available as your Payment Source:
(a) ShopeePay Wallet; and
(b) SPayLater.
You are required to select a default Payment Source for your card. Where SPayLater is selected as a default Payment Source, you are required to select a default SPayLater repayment tenure. You may select another default Payment Source or add additional Payment Sources to your Card on your App that we may make available to you from time to time in our sole discretion.
5.4 For Transactions with ShopeePay Wallet as the Payment Source, payment will be deducted from your ShopeePay Wallet balance. Where your ShopeePay Wallet balance is insufficient to effect a Transaction, and you have sufficient holdings in your Money+ account, Clause 6.3 of the ShopeePay E-Services Platform Terms of Service shall apply to complete the Transaction. In this Cardholder Terms of Service, unless the context otherwise requires, a reference to your “ShopeePay Wallet balance” includes, where you have holdings in your Money+ account, the amount available for immediate redemption from your Money+ account which may be applied towards that Transaction.
5.5 For Transactions with SPayLater as the Payment Source, you agree and acknowledge that you will be bound by the SPayLater Terms and Conditions. For Transactions with SPayLater as the Payment Source, the payment will be deducted from your SPayLater credit limit as assigned and made available to you. Where you select SPayLater as the Payment Source, that Transaction will be subject to the applicable SPayLater Terms and Conditions. You will be able to select your default repayment tenure for Transactions made using SPayLater as may be made available to you on the App.
5.6 It is important that you ensure that you have sufficient balance in your ShopeePay Wallet and/or sufficient SPayLater credit limit prior to making any Transaction with such Payment Source. If your ShopeePay Wallet balance or SPayLater credit limit is insufficient, then the said Transaction will fail and be null and void. In addition, Transactions with ShopeePay Wallet as the Payment Source shall not exceed the limits specified per transaction, per day, and per month, which has been specified under the ShopeePay Terms of Services.
5.7 It is your responsibility to ensure that the Payment Source is correct before you make any payment using your Card. After payment is made for a Transaction, you are not entitled to change the Payment Source for the said Transaction.
5.8 You shall bear the relevant costs and fees associated with the respective Payment Source used for a Transaction, if any.
5.9 Transactions are irrevocable after they have been transmitted to us by giving your consent to the Transaction, or once you have given your consent to a merchant or supplier for a pre-authorised payment. Your ShopeePay Wallet balance and/or your SPayLater credit limit shall be reduced by the relevant Transaction amount (including any applicable fees), and any associated deductions made in connection with such Transactions.
5.10 We may refuse to authorise or process a Transaction at any time and for any reason without notice or explanation to you as permitted by Applicable Law. We may do this if:
(a) a Transaction (or an estimate of the final value of a Transaction in Clause 5.12 and Clause 5.13) might exceed any of your available ShopeePay Wallet balance, SPayLater credit limit, and/or Card limits;
(b) your Card is suspected to (i) have been lost, stolen, or used by a person who has not been authorised by you, (ii) be a counterfeit physical Card, and/or (iii) have been fraudulently or illegally issued or revalued, or otherwise tampered with in any way;
(c) we reasonably believe in our sole discretion that:
(i) we need to do so to keep to the rules of the payment system under which your card is issued;
(ii) you are in breach of the General Terms (including this Cardholder Terms of Service);
(iii) there is a need to do so to comply with any law or as a matter of good practice; or
(iv) we need to do so to protect our legitimate interests; or
(d) in accordance with the General Terms.
5.11 We shall not be liable for any losses suffered, if any, by you as a result of Clause 5.10 above.
5.12 When you use your Card to pay for goods or services, or subscribe for recurring Transactions, certain merchants and suppliers may ask us to authorise the Transaction in advance and may estimate its final value (for example, for car rentals, hotels or automated fuel dispensers). Where a merchant or supplier seeks an authorisation or there is a recurring Transaction, we may place a temporary hold on your Card, or set aside an amount on your Payment Source. Such an amount held is only an estimated sum of the actual Transaction amount and may not be identical to the actual Transaction amount. Should we set aside or hold any amount, the balance in your ShopeePay Wallet and/or your SPayLater credit limit shall be blocked by such amount that we set aside. Where your ShopeePay Wallet balance is insufficient for the authorisation of a Transaction, and you have sufficient holdings in your Money+ account, Clause 6.3 of the ShopeePay E-Services Platform Terms of Service shall apply upon the successful authorisation of such Transaction, and such amounts redeemed into your ShopeePay Wallet shall be set aside or subject to the temporary hold. Until the Transaction finally settles, the funds that are set aside or subject to the temporary hold will not be available to you for other purposes. We will only charge your Card for the correct amount of the final Transaction, and we will release any excess amount when the Transaction finally settles. Any excess amount that was originally redeemed from your Money+ holdings into your ShopeePay Wallet will remain in your ShopeePay Wallet unless and until it is topped-up to your Money+ holdings in accordance with the ShopeePay E-Services Platform Terms of Service. You will be able to check the final amount in the Transaction History page on the App.
5.13 We shall have the right to increase at any time the amount that we would set aside or hold under Clause 5.12 in respect of any authorisation for any Transaction:
(a) which is denominated in a currency other than Ringgit Malaysia; or
(b) where the final amount of the Transaction is not known at the time of authorisation, including Transactions involving transportation services, tips and gratuities, or other goods or services for which a merchant or supplier obtains an estimated or pre-authorisation amount, and if we are of the view that (i) the amount initially held when converted into Foreign Currency would not be sufficient to pay that Transaction in full upon settlement, and/or (ii) your available ShopeePay Wallet balance or SPayLater credit limit may not be sufficient to pay that Transaction in full upon settlement. If your available ShopeePay Wallet balance or SPayLater credit limit in your Payment Source, as applicable, is insufficient for us to set aside or hold the required amount, then the said Transaction will fail and be null and void.
5.14 Under normal circumstances, the Transaction will not be processed if it exceeds the available ShopeePay Wallet balance or SPayLater credit limit in your Payment Source (taking into account the amounts we determine we would need to set aside or hold in Clause 5.12 and Clause 5.13) as set out in Clause 5.10(a)). However, in certain specific limited situations the final posted amount of a Transaction may exceed the amount that was authorised at the time of the Transaction (including but not limited to, delayed transaction settlement, fluctuation in foreign exchange rates, or offline transactions). Where the difference between the final posted amount and the authorised amount exceeds your available funds or credit limit in your Payment Source (“Shortfall”), such Transaction will be treated as a “Shortfall Transaction”, and may still be processed, and we may record the Shortfall in your selected Payment Source. Additionally:
(a) Where SPayLater is selected as your Payment Source, the Shortfall is charged to your SPayLater account and your default repayment tenure selected pursuant to Clause 5.5 will apply to that Shortfall, unless otherwise specified on the App. If the Shortfall exceeds your available SPayLater credit limit, we reserve the right to temporarily increase your SPayLater credit limit in order to record the Shortfall. For the avoidance of doubt, the applicable Profit Rate (as defined in the SPayLater Terms and Conditions) under the SPayLater Terms and Conditions shall apply to any Shortfall charged to your SPayLater account;
(b) Where ShopeePay is selected as your Payment Source and the Shortfall Transaction exceeds the available funds in your ShopeePay wallet, we may first seek to redeem your holdings in your Money+ account to cover the Shortfall and be applied towards payment of such Shortfall Transaction in accordance with Clause 5.4, and will be subject to the terms and conditions of the ShopeePay E-Services Platform Terms of Service. Where your Money+ holdings are sufficient to cover the Shortfall, no Shortfall will be recorded in your ShopeePay Wallet;
(c) Where ShopeePay is selected as your Payment Source and the Shortfall Transaction exceeds the available funds in your ShopeePay Wallet (including your holdings in your Money+ account) any amount that is not covered by your ShopeePay Wallet balance (including holdings in your Money+ account) will be recorded as a Shortfall in your ShopeePay Wallet and must be settled promptly. We reserve the right and you hereby authorise us to redeem any holdings in your Money+ account from time to time to settle such Shortfall in your ShopeePay Wallet. For the avoidance of doubt, any Shortfall recorded in the ShopeePay Wallet under this Clause does not constitute financing, and no interest or fees will accrue, nor will any collection activities be undertaken in respect of that Shortfall. To ensure that your ShopeePay Wallet has sufficient funds for future Transactions, we reserve the right to suspend your ability to use your Card or ShopeePay Wallet until the Shortfall has been settled. During the suspension, you will not be able to make any Transactions using the ShopeePay Wallet except the top-up to your ShopeePay Wallet. Please note that any top-up amount to your ShopeePay Wallet will first be applied to offset the Shortfall. As a result, you may not receive the full value of any top-up amount until the Shortfall has been fully settled. We may also, in our sole discretion and upon prior notice to you, if you have not settled the Shortfall despite reminders from us, charge the Shortfall amount to your SPayLater account.
5.15 All Transactions are subject to the applicable provisions of the General Terms depending on the Payment Source, including those relating to prohibited transactions, transaction monitoring, suspension, and dispute resolution.
6. Mastercard Contactless Facility
6.1 Where any Card that we issue incorporates the MasterCard Contactless feature (the “MasterCard Contactless Card”), you acknowledge that such MasterCard Contactless Card may be utilised to pay for goods and services by tapping or waving the MasterCard Contactless Card at a MasterCard Contactless reader/terminal (“Contactless Transactions”), subject to such applicable limits or conditions which we may specify.
6.2 Contactless Transactions may be processed and your Card charged for and debited with the Contactless Transactions amount without requiring:
(a) the MasterCard Contactless Card to be swiped at a magnetic stripe reader;
(b) the MasterCard Contactless Card’s chip to be read by a chip terminal; or
(c) your signature to authorise the Contactless Transaction.
By accepting the MasterCard Contactless Card and using it in any manner whatsoever (including using it in the conventional manner of swiping the same at a magnetic stripe reader or at a chip reader or otherwise), you agree to use the MasterCard Contactless Card in accordance with and agree to be bound by the terms and conditions herein contained.
6.3 Without prejudice to the foregoing, you undertake to be liable for all Contactless Transactions incurred using the MasterCard Contactless Card and posted to your Card. You will be responsible for all Contactless Transactions made through your Account, with or without your authority, knowledge or consent, and may not claim against us in connection with any such use or purported use. In this regard you acknowledge the ease of which unauthorised Contactless Transactions may be carried out, agree to take all reasonable precautions to prevent unauthorised use of your MasterCard Contactless Card and accept the risk of unauthorised Contactless Transactions.
7. Fees, Taxes and Currency Exchange
Fees
7.1 We may debit your activated and saved Payment Sources where applicable for the following charges (unless specifically waived by us) stated in our Fee Table including but not limited to:
(a) an annual fee or a non-refundable service fee for the maintenance of each Card as set out under the Fee Table;
(b) an administrative fee for production of documents and an administrative fee for any replacement card or documents relating to your Card;
(c) service charges or fees payable in connection with enrolment with or the use of any Digital Wallet or Transactions made thereunder or any device, including such charges or fees imposed by equipment vendors, software companies, internet or communication services providers or other third parties;
(d) a cancellation fee for “no show reservations” and a charge for cancelling or failing to fulfil any preorder or reservation for goods and/or services charged by merchants / service providers, including without limitation reservation for an airline ticket or accommodation secured through your Card;
(e) transaction fees for Foreign Currency Transactions made with your Card; and
(f) a service charge/administration fee for any action taken by us in carrying out any of your instructions and/or requests relating to your Card, whether such service or action is referred to or contemplated in this Cardholder Terms of Service or otherwise.
7.2 Fees paid to us in connection with the Card are non-refundable under any circumstances whatsoever. In addition, if we are unable to charge any applicable fees on the Card due to the fact that there is no balance of funds or holdings in your Money+ account or SPayLater credit limit in your activated and saved Payment Sources at any particular time, then we reserve the right and shall be entitled to retrospectively charge those said applicable fees upon or once you have topped up your ShopeePay Wallet and your ShopeePay Wallet has sufficient balance of funds, where you have topped up your Money+ account, or when your SPayLater credit limit is available.
Sales and Services Tax
7.3 You shall be responsible for all sales and services tax and all taxes imposed on or payable in respect of any amount required to be paid under this Cardholder Terms of Service. We may debit the amount of such tax from your Payment Source.
Reversal of entries
7.4 If any payment has been made by us as a result of your use or purported use of the Card:
(a) and the ShopeePay Wallet was consequently debited (including redemption from your Money+ account), but the debit was reversed in error, Money+ redemption was cancelled in error or the ShopeePay Wallet was not debited and/or Money+ holding was not redeemed at all;
(b) and the Transaction amount was deducted from your SPayLater credit limit, but the deduction was reversed in error or the SPayLater credit limit was not deducted at all; or
(c) after any payment instruction was given on the Card but before such payment instruction has been honoured, then we shall be entitled to correct the payment by (i) debiting the ShopeePay Wallet with the amount paid by us; (ii) redeeming your holdings in your Money+ account with the amount of the Transaction; (iii) deducting the SPayLater credit limit with the amount of the Transaction; or (iv) by reversing the payment instruction, if there are insufficient funds available in the ShopeePay Wallet or if the SPayLater credit limit is insufficient, as the case may be.
Currency exchange rates
7.5 The Card can be used for transactions that are in a Foreign Currency.
7.6 If you make a Foreign Currency transaction, we will change the amount into the currency of the ShopeePay Wallet at a competitive rate of exchange that is provided by MasterCard. Do note that exchange rates may change from time to time. The exchange rate used for such conversion may differ from the rate in effect on the date of the transaction due to market fluctuations. Any rate imposed is final and conclusive and you bear all exchange risks, loss, commission, and other bank costs which may be incurred as a result.
7.7 All Transactions in Foreign Currency (including refunds and reversals) are subject to a charge imposed by the respective card associations, either as a reimbursement charge representing the charge imposed on us or as a direct charge to you. An administrative fee for services provided or actions taken by us in relation to such Foreign Currency Transactions shall be payable by you and debited to your Card. The aggregate transaction fees for Foreign Currency Transactions charged to the Card will be set out in our Fee Table.
7.8 If your Transaction is converted to the currency of your Card via dynamic currency conversion (a service offered at selected merchants or websites), you acknowledge that the process of conversion and the exchange rates applied will be determined by the relevant merchant or dynamic currency conversion service provider, as the case may be. All Transactions which are converted via dynamic currency conversion (including refunds and reversals) will be subject to an administrative fee as set out in our Fee Table, or such other fee as determined by us and notified to you.
8. Transaction records
8.1 You will be able to view the list of Transactions carried out by you in respect of your Card in electronic form on the App.
8.2 Any of our records relating to Transactions are conclusive evidence of their accuracy and authenticity and shall be binding on you for all purposes. You shall also notify us if you discover any errors or inaccuracies in relation to your Transactions on the App. If you fail to inform us of any error or inaccuracy in any Transaction within ten (10) days from it being posted on the App, the contents on the App in relation to such Transactions shall be conclusive and binding on you.
9. Loss / Theft / Fraud / Disclosure of PIN and Card PIN
Duty to prevent loss / theft / fraud
9.1 You must keep your Card securely and ensure that your PIN and Card PIN or any credentials, details or particulars of your Card is not disclosed to any other person. You must take all steps and precautions to prevent any fraud, forgery, loss or theft in respect of or in relation to the Card, the PIN, the Card PIN, and any credentials, details or particulars of your Card.
Duty to Notify
9.2 If your Card is lost, stolen or used by any other person or if your PIN/Card PIN or any credentials, details or particulars of your Card or the Account is stolen, disclosed or used in an unauthorised manner, or compromised, you must immediately freeze/block your Card via the App. Alternatively, you may immediately notify us by contacting our Customer Service Centre via the App. In certain circumstances, we may also require you to furnish to us a statutory declaration in such form as we will specify and/or a police report and/or any other information which we may require.
Liability for lost / stolen card / unauthorised Transactions
9.3 You are liable for all authorised Transactions. In addition, if your Card is lost or stolen or if the PIN/Card PIN is disclosed without authorisation, you will be liable for all unauthorised transactions effected after such loss, theft or unauthorised disclosure prior to the suspension or cancellation of the Card taking effect. Any damage or liability arising after the suspension or cancellation has taken effect shall not be your responsibility, except where such damage or liability results from your own actions.
9.4 Without prejudice to our rights and notwithstanding that you may have exercised all reasonable precaution to prevent the loss or theft or unauthorised use of your PIN/Card PIN or your Card, and you have reported the loss or theft or unauthorised use thereof, you shall remain liable to us if you have acted fraudulently or if you were involved in the procurement of goods or services supplied by any merchant, cash advance through the use of your Card by any person or if you have failed to inform us upon discovering that your PIN/Card PIN or Card has been lost or stolen or used for purposes unauthorised by you.
Recovery of Lost / Stolen Card
9.5 If you recover the lost or stolen Card in physical form, you must immediately destroy the Card by cutting it in half so that the magnetic stripe and hologram are no longer intact. You must not use the PIN or Card PIN after notifying us that the PIN or Card PIN has been disclosed to any other party. You shall also (i) cease all use of any corresponding Provisioned Virtual Card; (ii) remove any corresponding Provisioned Virtual Card from your Digital Wallet; and (iii) remove the linking of your Card to any existing merchants and subscription services that you have set up.
Issue of New Card / PIN / Card PIN
9.6 We may, in our absolute discretion, issue a replacement Card and/or require you to provide a new PIN/Card PIN upon such terms and conditions as we may deem fit.
9.7 We reserve the right to charge a replacement fee as set out in our Fee Table in respect of any lost or stolen Card. Such card replacement fee shall be charged and debited to the primary Payment Source and shall not be refundable for any reason. You may be required to comply with such card activation, security and other procedures as we may prescribe from time to time to re-enrol the replacement Card for use.
10. Refunds
10.1 We will endeavour to credit refunds for a Transaction to the original Payment Source for such Transaction, and in the case of a Transaction with SPayLater as the Payment Source, where we are able to trace the refund to the original Transaction, the loan of such refunded Transaction will be terminated and your SPayLater credit limit will be automatically restored for such amount. Where your holdings in your Money+ account were redeemed and applied towards payment of a Transaction in accordance with Clause 5.4, any refund in respect of such Transaction will be credited to your ShopeePay Wallet.
10.2 Without prejudice to Clause 10.1, there may be situations in which:
(a) we are unable to map the refund to the original Transaction or the refund is mapped to your ShopeePay Wallet even though the original Transaction was made by SPayLater. You acknowledge and agree that in such cases, we will credit the refund to your ‘Non-transferable Balance’ in your ShopeePay Wallet. This Balance cannot be withdrawn and will be automatically deducted when you make the next payment for any Transaction. In this scenario, you acknowledge and agree that, if your original Transaction was paid by SPayLater, you will not have the SPayLater credit limit restored and you still have an obligation to repay the instalment plans in respect of such Transaction until the repayment is made in full. If your original Payment Source is SPayLater, it is your responsibility to check whether your SPayLater transaction is still outstanding (or has been cancelled), and if it is still outstanding, to inform our Customer Service Centre through the Chat, Internet Call, or any functions we may make available to you from time to time via our “Help Center”, located under the “Me” page.
(b) the refund is credited to your SPayLater even though the original Transaction was made by ShopeePay Wallet, or the original Transaction with SPayLater cannot be reversed. In this case you acknowledge and agree that the refunded amount will be held by us and applied towards repayment of your SPayLater bill in the next billing statement (when there is a repayable).
You shall be responsible for regularly verifying receipt of refunds and the channel to which such refunds have been credited (for example, your ShopeePay Wallet or SPayLater). If you find any inaccuracies or incorrectness, please contact us through the Chat, Internet Call, or any functions we may make available to you from time to time via our “Help Center”, located under the “Me” page.
10.3 If you receive a refund on a Transaction in the currency of your ShopeePay Wallet, we will credit your Payment Source (in accordance with Clauses 10.1 and 10.2 above) in that currency. If you receive a refund in any other currency, we will first convert the amount at the current Mastercard rate to the currency of your ShopeePay Wallet and then credit your Payment Source (in accordance with Clauses 10.1 and 10.2 above). You acknowledge that the eventual refund amount may be less than the Transaction amount due to currency conversion rates, or charges imposed by the card associations as set out in Clause 7.7 above.
11. Termination
Our right to terminate
11.1 At any time and without giving you any prior notice or reasons therefor, we may choose to:
(a) cancel or suspend your right to use the Card; or
(b) refuse to re-issue, renew or replace the Card.
11.2 Without prejudice to Clause 11.1 above, we may suspend or terminate the right to use your Card when any of the situations in Clause 5.10 arise.
Your right to terminate
11.3 At any time, you may terminate your Card by contacting our Customer Service Centre via the App.
Obligations upon termination
11.4 Upon the termination of your Card for whatever reason:
(a) you must not use and are not entitled to use the Card or any benefits in connection with the Card;
(b) you must cut the physical Card in half so that the magnetic stripe and hologram are no longer intact;
(c) you must remove all corresponding Provisioned Virtual Cards stored in your Digital Wallet and remove the linking of your Card to any existing merchants and subscription services you have set up; and
(d) you must immediately pay all amounts owing to us in connection with the Card (including all interest and charges).
11.5 In the event where you are entitled to any refund relating to your Card, whether before or after termination, you agree that we may, without further notice to you, effect such refund by crediting the relevant amount to your Account with us.
12. No warranties
12.1 The Card and Card-related services are provided “as is” and “as available” and without any warranties, claims or representations made by us of any kind either express, implied or statutory with respect to the services, including without limitation warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Without limiting the foregoing, we do not warrant that the services, this facility or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this facility and/or the server that makes same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
13. Limitation of Liability
13.1 We are not liable in any way:
(a) should your Card or PIN or Card PIN be rejected by a merchant or any terminal used to process Transactions or if we refuse for any reason to authorise any Transaction;
(b) for any malfunction, defect or error in any terminal used to process Transactions, or other machines or system of authorisation whether belonging to or operated by us or other persons;
(c) for any losses you may suffer as a consequence of any delay or refusal by us to process any Transaction you attempt to make or by our suspension or cancellation of your Card;
(d) for any delay or inability on our part to perform any of our obligations under this Cardholder Terms of Service because of any electronic, mechanical, system, data processing or telecommunication defect or failure, act of God, civil disturbance or any event outside our control or the control of any of our employees, representatives agents or contractors, or any fraud or forgery;
(e) for any damage to or loss or inability to retrieve any data or information that may be stored in your Card, except where (and only to the extent that) you have conclusively established in the courts of Malaysia that the aforesaid occurred solely owing to manifest error, gross negligence or wilful default on our part;
(f) should any merchant, establishment or person refuse to accept or honour the Card for any reason;
(g) should a Transaction fail as a result of you having insufficient balance and/or credit limit;
(h) for any errors or losses incurred or suffered by you as a result of any personal settings or information set or keyed in by you in the App;
(i) for any injury to your credit, character and reputation in and about any repossession of the Card or any request for its return;
(j) in the event of any error in your application or if you have keyed in wrong mailing address details or if you have not received your physical Card due to the fact that the mailing address details given by you are wrong, inaccurate, not up to-date or not complete; or
(k) if there is any delay by the delivery service provider, or if we have sent your physical Card to the mailing address as stated in your application details and in our records but you have not received your physical Card.
13.2 Your only right with respect to any problems or dissatisfaction with the Card or the Cards-related services is to terminate your Card and discontinue any use of the Card-related services.
13.3 We are not liable in any way should you encounter any problems with the goods and services that you obtain through the use of your Card nor are we responsible for any benefits, discounts or programmes of any merchant that is made available to you. We make no representation as to the quality, provision of performance of any such goods or services. You acknowledge that we are not acting as agent for any merchant. You should resolve any complaints about the goods and services directly with the merchant. Notwithstanding any non-delivery or non-performance or defects in any such goods and services, 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 or the member institution of MasterCard.
13.4 We shall be entitled (but not obliged), at its sole discretion, to rely and act on any communication, requests or instructions which we in its sole opinion believes emanate from you (whether orally or in writing and whether in person or over the telephone or by facsimile or other means of telecommunication and whether genuine or with or without your consent or authority), and any action taken by us pursuant thereto shall bind you and we shall not be liable to you for any loss or damage incurred or suffered by you as a result of such action. We shall not be under any duty to verify the identity of any person communicating purportedly as you or on your behalf.
13.5 Nothing in this Cardholder Terms of Service shall limit or exclude any liability for death or personal injury caused by our negligence, for fraud or for any other liability that cannot be lawfully limited and/or excluded.
14. Indemnity
14.1 You agree to indemnify and keep us and our shareholders, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), fully indemnified against all claims, demands, action, proceedings, losses, damages, costs and expenses of any nature (including legal costs on an indemnity basis) suffered, incurred or sustained by any Indemnified Party, directly or indirectly in connection with:
(a) any Card, Account, or Transaction, regardless of whether or not authorisation has been sought and/or given;
(b) acting on or carrying out or delaying or refusing to act on any instruction you give us;
(c) searches and enquiries we make in connection with you;
(d) any service provided by any third party (including but not limited to, MasterCard);
(e) any default or the preservation or enforcement of our rights under the terms of this Cardholder Terms of Service or any other applicable terms and conditions in connection with any Card or as a result of your non-compliance with any of these terms;
(f) any action by us or any party against you relating to any Card, Account or Transaction;
(g) any involvement by us in any proceeding of whatever nature for the protection of or in connection with the Card or Account;
(h) our compliance with any existing or future law or regulation or official directive in respect of any of these terms; and
(i) taxes payable by us in connection with your Card or Account.
15. Disclosure of information
15.1 Without prejudice and in addition to any other authorisation or consents in the General Terms (including this Cardholder Terms of Service) or that you may have otherwise given to us (including the relevant Privacy Policies), you authorise us to disclose any particulars of your Account and/or your use of the Card to:
(a) any party involved in facilitating, processing or providing any services or facilities in connection with your Card, Account, and/or any Transaction; and
(b) any person or organisation where we in good faith deem it reasonable to make such disclosure in connection with this Cardholder Terms of Service or the operation of the Card or Account.
15.2 You further agree that where permitted under Applicable Law and with your consent, we may also collect, use, store, process and disclose your personal data for providing or marketing services, product, and benefits to you, including without limitation promotions, loyalty and reward programmes, joint marketing, and/or cross-promotions with third parties.
16. Privilege scheme
16.1 The Card issued to you may carry various benefits or privileges on your purchase of goods or services from establishments participating in various schemes. We, however, reserve the right to add, modify or cancel such benefits or privileges from time to time.
16.2 Notwithstanding anything herein, we shall not at any time be responsible or be held liable for your purchase of goods or services from the establishments participating in any such schemes.
17. Complaints and dispute resolution
If you have any complaints regarding the Card or Card-related services, please contact our Customer Service team via the App. If your query or complaint is not satisfactorily resolved by us, you may contact the bodies as specified under Clause 22 of the ShopeePay Terms of Service.
18. Notices and contacting us
We may send any Cards, notices or other communication to you by way of SMS, email or in-app/push notification and/or by way of such method of communication as provided in the General Terms. Communication sent by SMS, email or in-app/push notification shall be effective at the time of transmission.
19. Severability
If any provision of this Cardholder Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from this Cardholder Terms of Service and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
20. Governing Law
This Cardholder Terms of Service shall be governed by the laws of Malaysia, without regard to the conflicts of law principles thereof. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Malaysia in accordance with the Arbitration Rules of the Asian International Arbitration Centre (Malaysia) (“AIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
21. Variation of this Cardholder Terms of Service
21.1 We may vary the terms of this Cardholder Terms of Service, including but not limited to the Fee Table, at any time by providing you with notice in writing no less than twenty-one (21) days prior to the effective date of the revision and publishing an updated version of this Cardholder Terms of Service on our website or the App. Any variation will take effect on the date specified in the notice, which shall be no earlier than twenty-one (21) days after the date of the notice, and will be binding on you from that date.
21.2 If you do not accept any such changes, you may terminate the use of the Card in accordance with Clause 11.3.
21.3 If you retain or use the Card after we have given notice of any changes in this Cardholder Terms of Service, you are deemed to have accepted and agreed to such changes without reservation.
22. General Provisions
22.1 We reserve all rights not expressly granted herein.
22.2 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations. You agree that we may assign all or any of our rights and transfer or subcontract all or any of our rights and obligations under or in connection with this Cardholder Terms of Service.
22.3 Nothing in this Cardholder Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and us, nor does it authorise you to incur any costs or liabilities on our behalf.
22.4 Our failure at any time or times to require performance of any provision hereof shall in no manner affect our right at a later time to enforce the same unless the same is waived in writing.
22.5 This Cardholder Terms of Service is solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of ours and our affiliates' and subsidiaries' respective successors and assigns).
22.6 The terms set forth in these Cardholder Terms of Service and any agreements and policies included or referred to in this Cardholder Terms of Service constitute the entire agreement and understanding of the parties with respect to the Card and the Cards-related services and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by this Cardholder Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in this Cardholder Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Clause it might otherwise have had in relation to any of the foregoing. This Cardholder Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
22.7 No forbearance or failure or delay by us in exercising any right, power or remedy is to be deemed to be a waiver or partial waiver thereof on our part; and no waiver by us of any breach of this Cardholder Terms of Service on your part is to be considered as a waiver of any subsequent breach of the same or any other provision of this Cardholder Terms of Service.
22.8 You agree to comply with all Applicable Laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the Malaysia Anti-Corruption Commission Act, UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act.
22.9 Any translation of these Terms of Service and any other policies referenced herein are provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. These terms and conditions are available in English and Bahasa Malaysia. In the event of any difference, conflict or discrepancy between the two versions, the English version of this Terms of Service shall prevail and take precedence over the Bahasa Malaysia version of this Terms of Service.
Schedule 1 - Terms relating to the use of Provisioned Virtual Cards
1. Eligibility
1.1 We reserve the right to determine at our sole and absolute discretion all matters arising out of or in connection with the Provisioned Virtual Card, including your eligibility for the Provisioned Virtual Card. A Card or an underlying Account, which is not in good standing, may not be eligible for use as a Provisioned Virtual Card in a Digital Wallet.
1.2 Our determination of all matters relating to the Provisioned Virtual Card shall be final and binding, and no correspondence will be entertained.
2. Setting Up and Using a Provisioned Virtual Card
2.1 You are required to comply with the terms of the Digital Wallet provider to provision your Card for use within a Digital Wallet. The Digital Wallet provider may decline your enrolment of a Card within a Digital Wallet and suspend, delete or reactivate a Provisioned Virtual Card enrolled within the Digital Wallet. We shall not be liable if you are unable to enrol a Card within a Digital Wallet for any reason.
2.2 You may use your Provisioned Virtual Card for authorised transactions subject to applicable limits or conditions we impose. Transactions made on your Provisioned Virtual Card will be charged to your Card. The use of your Card as a Provisioned Virtual Card (including any applicable interest, fees, and charges) shall be governed by the Cardholder Terms of Service.
2.3 Without prejudice to the foregoing, you acknowledge the ease with which unauthorised transactions may be carried out on your Provisioned Virtual Card. You accept the risk of unauthorised transactions and agree to undertake all necessary precautions against unauthorised use, when you use your Provisioned Virtual Card. To the extent allowed by law, you shall be liable for all transactions incurred on the Provisioned Virtual Card, including any erroneous or unauthorised transactions arising from fraud, recklessness, negligence or mistake, and you agree that we shall not be liable for any unauthorised transactions.
2.4 Card associations and/or payment networks and participating merchants may establish a maximum dollar limit for a single transaction completed using your Provisioned Virtual Card.
3. Digital Wallet
3.1 You agree to all terms of use imposed by the Digital Wallet provider or your mobile carrier, including fees and limitations which may restrict your use of the Provisioned Virtual Card and/or Digital Wallet. You are solely liable for all such fees and limitations.
3.2 When you enrol your Card for use within a Digital Wallet, you acknowledge that certain account information relating to the Card may be transmitted to and stored within your mobile device, SIM card, with the Digital Wallet provider and/or on the system of a third party working with the Digital Wallet provider (“Stored Information”), and you agree that the Digital Wallet provider and/or the third party working with the Digital Wallet provider may use such Stored Information. We shall not be liable to you or any third party for the use or misuse of any Stored Information. You agree to delete all Stored Information from your mobile device if they are no longer in use or you are no longer the owner of your mobile device.
3.3 You shall be solely responsible for maintaining the security of your mobile device and the confidentiality of your Digital Wallet login information, including your username and password associated with your mobile device, and you agree not to permit any other person to access or use your mobile device or to use your Provisioned Virtual Card for transactions. You shall not use your Digital Wallet on any mobile device that you know or have reason to believe has had its security or integrity compromised for any reason, including where the mobile device has been “rooted”, “jailbroken” or had its security mechanisms bypassed. You shall be solely liable for any losses, damages and expenses arising from your use of any Digital Wallet on a compromised mobile device.
4. Suspension, Termination and Cancellation
4.1 We may block, restrict, suspend, disqualify or terminate your use of your Provisioned Virtual Card within a Digital Wallet at any time, without notice and without providing any reason, including but not limited to (i) your breach of the General Terms (including this Cardholder Terms of Service), (ii) our suspicion of fraudulent activity, and (iii) any cancellation or suspension of your Card or Account. You agree that we will not be liable to you or any third party for any action taken in respect of the foregoing.
5. Limitation of Liability
5.1 You agree that we are not responsible for the use or function of the Digital Wallet provided by your Digital Wallet provider, and we make no representations, warranties or conditions of any kind in relation to any Digital Wallet. We shall not be liable for your use of the Digital Wallet and/or Provisioned Virtual Card, including without limitation, the performance or non-performance of your Digital Wallet and/or Provisioned Virtual Card, or any loss, injury or inconvenience which you may suffer.
5.2 You acknowledge and agree that access, use and maintenance of a Provisioned Virtual Card within a Digital Wallet depends on the Digital Wallet provider and telecommunication providers and other third-party services, applications or websites which we do not operate or have any control over. You agree that we are not liable to you for any circumstances which interrupt, prevent or otherwise affect the functioning of your Provisioned Virtual Card within a Digital Wallet, and you shall look to such Digital Wallet provider, telecommunication provider or any other service provider in the event of any dispute or loss arising from such use.
5.3 You acknowledge and agree that we are not responsible for, and do not provide, any support or assistance for the Digital Wallet, any third-party hardware, software or other products or services, including any technology-related concerns you face in connection with the Digital Wallet or your mobile device, and you agree to contact the Digital Wallet provider for all concerns arising from the Digital Wallet.
5.4 You acknowledge that a participating merchant may be unable to accord you any rewards and/or benefits under a particular rewards and/or benefits programme of ours, in the event of any system disruption or for any other reason, even if you qualify for such rewards and/or benefits with the use of your Provisioned Virtual Card. In such an event, you undertake to resolve all disputes directly with the merchant, and you agree that we are not liable for your non-receipt of any such reward and/or benefit.
6. Privacy and Security
6.1 When you set up your Card for use in a Digital Wallet, you agree that we may disclose particulars of your Card and/or the underlying Account (including personal data) to the Digital Wallet provider and/or any other relevant party we deem necessary and reasonable to make such disclosure to facilitate our provision of the relevant service. You further agree that we may disclose any particulars of your Card, Provisioned Virtual Card, Account and/or your use (including any personal data) to such parties as authorised under the General Terms (including this Cardholder Terms of Service).
6.2 You agree that we are not responsible for the privacy and security of any information you provide to, or is otherwise maintained by, the Digital Wallet provider, and such information shall be governed by the privacy policy of that Digital Wallet provider.
6.3 If you lose your mobile device which has a Digital Wallet containing your Provisioned Virtual Card, discover that your Provisioned Virtual Card has been used without your authorisation, or believe that your mobile device or Digital Wallet login information or equivalent has been compromised, you agree to notify us immediately and you may request that we deactivate your Card by contacting our Customer Service team via the App. We may also require you to make a police report accompanied by written confirmation of such loss or disclosure and provide any other information that we may require. Until you notify us, you shall remain liable for all transactions carried out using your Provisioned Virtual Card.
Last update: 23 September 2026