Terms & Conditions
Updated as of 21 April 2021
PLEASE READ THE ENTIRE TERMS AND CONDITIONS BEFORE REGISTERING OR ACCESSING/ USING THE APP.
This Terms and Conditions is an agreement between Users (“You, Your or Yourself”) and GoNetPay Sdn Bhd formerly known as GoPay Sdn Bhd (“GoNetPay”, GoNet”, We, “Us”, or Our”), (Company Registration No. 870199-H) a company incorporated in Malaysia under the Companies Act 1965 (substituted by Companies Act 2016) and having its registered address at Lot 13-1, 1st Floor, Beverly Hills Plaza, 88300 Kota Kinabalu, Sabah, Malaysia. This Terms and Conditions governs Your access and use of the GoNet & GoNet Biz Application (the “App”), and Your use of or access to mba.gonet.my/login or www.gonet.my or www.gonet.com.my website (the “Site”) (collectively, together with the App, the “Platform”), as well as e-money to making purchase, placing order, finalising payment, book or use of service and functionality available through App and the Site (“collectively, together with the Platform, the Service or Services”).
The access and use of App is subjected to this Terms and Conditions.
You have a full discretion on either to use the App and whether to use Services available on App, or to stop using the App.
We only facilitate You in finding various Services You need by providing this Platform. All Services are provided directly by independent third parties (“Merchant Account”) who agreed to become Our Service Provider (“Merchants”).
The Services may also allow You to order, purchase, transact, book or use Service and functions provided from Merchants acquired including the Participating Merchants across the platform to connect You around Your location. Thus, some Services cannot be used if You do not activate the Location Pin or Global Positioning System (GPS) feature on Your mobile device.
Furthermore, if the Merchants accepts Your order, purchase, payment, booking or use of the Service, We will inform You of its status through App.
In order to sign up for the Services, you must be at least attaining the age of eighteen (18) years old, if you are under eighteen (18), you may have a parent or guardian to sign up an Account.
To complete the registration, You have to request One Time Password (OTP) code and Our system will automatically generate a code send to You via text message to the mobile phone number You provided. Our system will automatically verify Your OTP code entered by You on the registration page in the App.
Upon successful registration, Our system will automatically create Your Account (“GoNet Account”) for You to be able to use the App and Services throughout Our Platform. Your mobile phone number is ascribed to Your GoNet Account, and that You cannot create a new account with the same registered mobile phone number. The same is true if You later change Your mobile phone number in the settings feature in the App.
If You need to use the E-money and/or E-wallet Account (“GoNetPay Account”) to perform purchases transactions to pay Our Merchants Acquired, You are required to activate with Transaction Pin on the setting page in the App.
If You are a Merchant, You shall not use Your GoNet Account or someone else’s account to order a service that You will receive Yourself as a Merchant.
GoNet Account, can only be used by You and cannot be transferred to other people for any reason. We reserve the right to refuse to facilitate orders if We know or have sufficient reasons and proof to suspect that You have transferred or allowed Your GoNet Account to be used by someone else.
Your GoNet Account may allow You to order, purchase, book or use Service and functions from all the Merchants Acquired.
As for GoNetPay Account, it can be used to perform payment transaction to the Participating Merchants across Our Platform and all the Merchants Acquired; and as for reload of E-Wallet Type, Purse size limit and Functionality are as following:
- Purse limit not exceeding Ringgit Malaysia Two Hundred (RM200);
- Daily payment transaction limit not exceeding Ringgit Malaysia Two Hundred (RM200);
- Reload of minimum value of Ringgit Malaysia Thirty (RM30); and
Reload of maximum value and not exceeding purse limit of Ringgit Malaysia Two Hundred (RM200).
You are fully responsible for the decisions that You make while using the App, Services, Third-Party Content, Offers or Payment Method. You shall treat the Merchants, Third-Party Content Provider, Offers Provider, and Payment Method Provider respectfully and shall not engage in unauthorized, threatening or harassing behaviours when using Services, Third-Party Content, Offers or Payment Method.
The security and confidentiality of Your Account details, including registered name, email address, registered mobile phone number, Password, Transaction Pin as well as OTP code generated and sent by Our SMS Service Provider are fully Your personal responsibility.
You shall not disclose Your Password, Transaction PIN and OTP code to any person. Immediately notify Us upon knowing or suspecting that Your Account has been used without Your knowledge and consent. We will take actions and if necessary, We may suspect action as unconsented use:
If you key in the wrong Password more than three (3) times while You Login to the App, your GoNet Account will be locked and suspended immediately. Please contact us at email@example.com or click on Forgot Password to reactivate your GoNet Account.
If you key in the wrong Transaction PIN for more than three (3) times while You make a payment, your GoNetPay Account will be locked and suspended for any Transactions made. Please contact us at firstname.lastname@example.org or Reset your Transaction PIN to reactivate your GoNetPay Account.
You shall be solely responsible and liable for any use and misuse of Your Password and Transaction PIN and all activities that occur under Your Account.
You shall be responsible and liable for all usage of and all payment of the fees, charges, taxes and duties for using the Services including but not limited to payment of all fee, charges, taxes and duties for the purchase of products and/or services to the Platform and third parties including Our Merchants Acquired in a timely manner.
You shall be fully responsible for any and all data, information, instructions and/or confirmation transmitted or broadcasted from Your mobile device whether by You or any other person whether authorized or otherwise. We shall deem that the Services have been accessed legitimately and any Transaction made as a result of transmission of such data, information, instructions and/or confirmation are valid.
You shall comply with all applicable laws of Malaysia relating to the Service, including without limitation to the Communication and Multimedia Act 1998, E-money guidelines under the Financial Services Act 2013, the Interoperable Credit Transfer Framework (ICTF) and the Anti-Money Laundering, Countering Financing of Terrorism and Targeted Financial Sanctions for Financial Institutions (AML/CFT and TFS for FIs) and their respective subsidiary legislation, which may be amended from time to time.
To enable payment feature by Payment Method, You have to officially register with the Payment Method Provider You choose and use Your personal payment credentials. If You use other party’s registered credentials, You are fully responsible for all licenses required and all losses or disputes arise between You and that other party, either caused by You, Us, Merchants, Third-Party Content Provider, Offers Provider or Payment Method Provider’s negligence or omission.
You shall be fully indemnify and keep Us fully indemnified against any loss, damage, liability, cost or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorised use or exploitation of the Services or part thereof.
You agree that by using the Services, You are giving consent to Us for collection, storing, processing, disclose, use and sharing of Your Personal Information, such as Your name, National Registration Identity Card (NRIC) number or passport number or reference number of any other official documents of the customer or beneficial owner, residential and mailing address, date of birth, nationality, occupation type, name of employer or nature of self-employment or nature of business, contact number (home, office or mobile) and purpose of transaction. The information is provided when registering Your Account or performing transaction in accordance to Us and Personal Data Protection Act 2010, which is an integral part of this Terms and Conditions.
GoNet App is free to download. However, We reserves the right to impose any charge price and/or fees or subscriptions for using certain Services in the App in the future, only if such Charges are required. Some Services may be chargeable as indicated on the App and in any accompanying Terms and Conditions.
If any supply made under these Terms and Conditions is a taxable supply to which the applicable tax including but not limited to the Malaysia government Service Tax would apply (“Applicable Tax”), then We reserves the right to levy the Applicable Tax at the prescribed rate and You agree to pay the amount of the Applicable Tax.
We are not liable for any fees raised by third parties including, but not limited to, card issuers or banks, for the usage of Our Services. We reserve the right to decline acceptance of payment instruments, such as credit cards, debit cards, e-money or online banking transfer, as funding methods at our sole discretion.
Services available on the Platform are subject to rates that You can find in App before You use the Service. We may adjust or renew rates from time to time based on certain factors, among other location, time, type of Services and applicable laws. We may also charge price and/or fees of a certain amount as a payment to use GoNetPay Account which may be collected by Us, our affiliates, or Merchants.
We reserve the right to refuse or postpone Your payment request using the Payment Method for certain reasons, including but not limited to any indication or We have sufficient reasons to suspect any fraud, deceit, violation against Terms and Conditions, violation against applicable laws including related to payment using cards, e-money, payment transaction processes, anti-money laundering, corruption and terrorism financing, or any unusual or suspicious behaviour, including any obligation You have yet to fulfil to Us.
We only provide official App software on official digital markets, such as Google Play Store or Apple App Store, and for download and install of the App on mobile phones or mobile devices to create an Account. Any downloading or installation of the App from platforms other than official digital markets and/or to devices other than mobile phones or tablets is a violation of these Terms and Conditions of Our intellectual property rights.
The Intellectual Property Rights in respect to all materials including and without limitation of all current and future copyrights, patent, trademarks, database, business processes and models, inventions or trade secrets, know-how, logos, designs, integrated circuit, technologies, topographies, trade and business names, domain names, get up, arks and devices (whether such applications can be made) which are capable of being protected and/or enforced in Malaysia and/or any relevant country of the world, any brand names, trademarks, services, products, hardware and software shall remain vested in the party originating or which has acquired the same. For clarity purposes, all trademarks used on the App and/or the Services are the trademarks of Us unless specified otherwise.
Subject to this Terms and Conditions, We grant You a limited, non-exclusive, irrevocable, non-transferable (without the right to sublicense) license to (i) download, access and use the App, as is, only on the devices in the form of Your personal mobile phone and/or mobile device and solely for the purposes of using the Service, and (ii) access or use content, information and related materials available on the App solely for personal and not for commercial purposes. All rights and privileges that are not expressly granted herein are expressly reserved by Us or Our licensors.
Any duplication, distribution, creation of derivative works, sale or offer to sell, display either in part or in full, and use of the App and/or Services, either digitally or otherwise or on devices other than mobile phones or mobile devices, including but not limited to the use of additional applications such as modifiers, emulators, etc., which diverge from this Terms and Conditions, as well as the intended purposes determined by Us, is a violation of Our intellectual property rights.
You shall not:
- Delete any copyright, trademark or other ownership notices contained in the App or Services;
- Copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, display in public either in part or in full, reverse engineer, transmit, move, broadcast, decompile, or disassemble any part of or in other ways to exploit the App (including software, features and Services therein);
- License, sublicense, sell, resell, remove, transfer, distribute or commercially exploit or make available to other parties the App and/or software by means of creating internet “link” to the App or “frame” or “mirror” any software on other servers or wireless or internet-based devices;
- Launch automated programs or scripts, including, but not limited to, web spiders, web crawlers, web robots, web ants, web, indexers, bots, viruses or worms, or any program that might create multiple server requests per second, create heavy burdens or impede the operation and/or performance of the App;
- Use site searching or retrieval applications, other manual or automatic devices for scraping, indexing, surveying, data mining, or in any way multiplying or avoiding the navigation structure or presentation of the App or its contents;
- Publish, distribute or reproduce in any way materials that are copyrighted, trademarked or other information We own without prior written consent from Us or the rights owners who license Us the rights; and
- Use or unofficially access the App to (a) damage, weaken or jeopardize any aspect of the App, Services or related systems and networks, and/or (b) create look-alike competing products or services using ideas, features, functions or graphic similar to App.
We provide the App but We do not represent or warrant the reliability, timeliness, quality, suitability, availability, accuracy, completeness or security of the App to fulfil Your needs and suffice Your expectations, including but not limited to Services, Merchants, Third-Party Content, Offers and Payment Method which are fully under the Merchants, Third-Party Content Provider, Offers Provider and Payment Method Provider’s responsibilities. We are not responsible for any loss or damage caused by any failure or mistake from the Merchant, Third-Party Content Provider, Offers Provider or Payment Method Provider or Your failure or mistake in complying to Our, Merchant, Third-Party Content Provider, Offers Provider or Payment Method Provider’s Terms and Conditions.
Our App may experience limitations, delays, and other issues contained in the influence of internet and electronic communications, including Our Merchants, Third-Party Content Provider, Offers Provider or Payment Service Provider’s device is broken, not connected to the internet, out of range, turned off or not functioning. We are not responsible for any delay, failure of delivery, damage or loss arises from such problems.
We do not have any responsibility to oversee Your access or use of the App. However, We still supervise to ensure smooth uses of the App and to ascertain compliances with this Terms and Conditions, applicable laws and regulations, court orders, and/or administrative institutions or other government bodies requirements.
We do not have any responsibility, including to take further actions or legal actions deemed necessary by You, Merchant, Third-Party Content Provider, Offers Provider or Payment Method Provider, for any problem or dispute arises between You and the Merchant, Third-Party Content Provider, Offers Provider or Payment Method Provider. We will, however, facilitate any problems or disputes arise between You and the Merchant, Third-Party Content Provider, Offers Provider or Payment Method Provider with reasonably necessary actions. When We facilitate a resolution for problems or disputes between You and the Merchant, Third-Party Content Provider, Offers Provider or Payment Method Provider, We do not act as a mediator and such an action does not cause any further responsibility to Us.
We may request for additional information or documentation at any time and for any reason, including but not limited to confirming your identity, residential and mailing address, date of birth, nationality, occupation type, name of employer or nature of self-employment or nature of business, contact number (home, office or mobile) and purpose of transaction and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with Us. You agree that you will provide such information and/or documentation promptly to Us upon request. If you do not provide such information and/or documentation promptly, We may, without any liability to you, either limit Your use of the Services or suspend or close or terminate Your Account.
If You experience a system failure, know or suspect that Your Account has been hacked, used or misused by other parties, or if Your personal mobile phone or mobile device is lost, stolen, hacked or exposed to a virus, immediately report to Us so We may conduct necessary actions promptly to avoid use, misuse, or loss which may arise further.
If You experience troubles or problems related to Services, Third-Party Content, Offers or payment by Payment Method, or Merchant, Third-Party Content Provider, Offers Provider or Payment Method Provider’s behaviours, You may submit Your complaint or report through the feature that We provide, including rating and comment, or by contacting Us.
For a particular complaint or report related to the Service, We may, at Our sole discretion, facilitate a forum between You and the Merchant for the purpose of reaching an amicable settlement. In this case, if You still deem necessary to take further actions, including any legal action, You may do so on Your sole responsibility.
For a particular complaint or report related to the Payment or Reload, We may refund You by mechanisms determined by Us or together with the Merchant or Payment Service Provider, at our sole discretion. We will not refund another party that differs with the registered credentials on GoNetPay Account, including if You use other party’s credentials to pay using the Payment Method.
You are fully responsible for all the Goods and/or Services purchased when You perform any payment transaction through Your GoNetPay Account or anytime when You authorize and Authenticate amounts to be deducted from Your GoNetPay Account. You shall be fully responsible for ensuring that the transaction amount is correct.
In the event that You discover any error or discrepancy in Your GoNetPay Account, You must contact Us within forty-eight (48) hours from the date of the disputed transaction, failing which You shall be deemed to have accepted the accuracy of Your transaction. In the event that it is revealed in the course of Our investigation that the disputed transaction was indeed made in error by Us, We will refund the disputed sum in the manner as stated in our Refund Policy in Clause 15.
You agree and give consent to the use by Us and/or Our employees, personnel and advisors of any information related to You, the particulars of the transaction(s) or any designated account relating to the transaction(s) for the purpose of investigating any claim or dispute arising out of or in connection with the disputed transaction(s) and that this consent shall survive the termination of the Service and/or this Agreement. You further agree that in the event of a dispute or claim of any nature arising in respect of any transaction, the records of the transaction(s) generated by Us shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim.
Your account may be temporarily suspended or permanently suspended because of, including but not limited to, any obligations that may arise as a result of disputes, claims, or other existing legal actions, before the date of the removal of the App as following:
- You report that Your Account was used or allegedly used or misused by someone else;
- You report that Your personal mobile phone or tablet is lost, stolen or hacked;
- We know or have sufficient reasons to suspect that Your Account has been transferred or used by someone else;
- We know or with sufficient reasons to suspect that suspicious events have happened in Our view that may harm Us, You, the Merchants or other parties;
- You have passed away, been placed under guardianship or custody or experienced other incapacity that caused You to become legally incapable based on applicable laws and regulations;
- Account suspension orders, whether temporary or permanent, issued by government or monetary institutions are related or based on court orders issued in accordance with applicable laws and regulations.
If Your account is suspended and You have a clear evidence that Your account should not be suspended, You may Report the evidence to Us. After further examining Your Report, We will, at Our sole discretion, determine to end or continue suspending Your account. Suspension will not be continued unreasonably if We decided matters that caused the suspension have been resolved.
You may terminate Our Service or delete the App from Your mobile phone and/or mobile device at any time. We do not have any obligation to You for any matter arises from the time of removal of the App.
We have the right to terminate this Agreement and/or the Service or part thereof provided to You, if We reasonably suspect that You may be engaging in any of the restricted activities as set out in Clause 13 above or may be in breach of any of the representations, warranties, Terms and Conditions without any liability to You and take the following action(s) as we deem necessary:
- report any suspicious or illegal activity to the relevant authorities; and
- withhold/ forfeit/ cash withdraw/ monies/ reward which may release/ have released to you pursuant to any promotion campaigns/ activities/ refund process.
- the refund of the Available Balance (if any) is not be obliged until and unless clearance has been obtained from the relevant authorities, if applicable.
According to Financial Services Act 2013, if Your GoNetPay Account has not been operated or inactive or without any transaction activity upon six (6) months or more, it will be classified as “dormant”. As governed under the Unclaimed Money Act 1965, Your GoNetPay Accounts which continue to be dormant for seven (7) years or more are regarded as “unclaimed monies” and the balance after deducted Our service fee and/or any charges will be transferred to the Consolidated Trust Account of the Government, Jabatan Akauntan Negara Malaysia. Thereafter all claims will have to be made directly by You to the Registrar of Unclaimed Moneys.
In the event requested by You to terminate the Service or Account Closure and you are entitled to a refund, upon approval of the balance sum in Your GoNetPay Account shall be credited directly to a Bank Account nominated by You within a month. You shall provide to Us all necessary information and documents for the purpose of refund upon request. Any refund requested by You in respect of any fees or payments made towards the Service or any part thereof, please contact Us at email@example.com.
Subject to Us determining to its satisfaction that Your money was wrongly deducted from Your GoNetPay Account for Payment due to technical error of Our where Your attempted Transaction does not go through, We may refund and credit to Your GoNetPay Account which was wrongly deducted.
However, We shall not be responsible to refund or settle any dispute that You may have with Our Merchants for the purchased of goods and/or services using the Services. You shall be responsible to contact the respective merchants for a refund for goods or services purchased from the merchants. We shall not be liable to any disputes that occurred between You and Merchants. You hereby agree the Merchant’s Terms and Conditions and made payment to Merchant on all Fees and Charges for the value of the transaction, notwithstanding any dispute.
If We know or have sufficient reasons to suspect that You have committed immoral acts, violations, crimes or other actions that is in contrary with this Terms and Conditions and/or applicable law, whether or not referred to in this Terms and Conditions, then We have the right to and may suspend Your Account, either temporarily or permanently, or stop Your access to the App, including Services, Merchants, Third-Party Content, Offers and/or Payment Method contained therein, investigate, claim compensation, report to authorized parties and/or conduct other actions that We consider necessary, including criminal and civil law proceedings.
We will conduct investigations and/or facilitate the concerned Merchants in reporting to the authorized party if We receive Reports of any violations You committed against this Terms and Conditions or violations to the applicable laws and regulations, with respect to:
- Verbal harassment or violence, including but not limited to, physical, gender, ethnicity, religion and race You conducted toward the Merchants;
- Physical harassment or violence you conducted toward the Merchants; and/or
- Sexual harassment or violence, either verbally or physically, you conducted toward the Merchants.
This provision applies vice-versa when You experience the similar accusations mentioned above by the Merchant.
The App and the Services are provided on an “as is” and “as available” basis.
Except as expressly set out in these Terms & Conditions, all representations, conditions and warranties (whether express or implied, statutory or otherwise) including but not limited to the availability, accessibility, timeliness and uninterrupted use of the App and Service; sequence, accuracy, completeness, timeliness or the security of any data or information provided to You as part of the Service; any implied warranty of merchantability; any implied warranty of fitness for a particular purpose; any implied warranty of non-infringement; and any implied warranty arising out of the course of dealing, custom or usage of trade with respect to the Service provided by Us are expressly negative and excluded. The representations, conditions and warranties set forth in this Agreement with respect to the Services and App are the only representations, conditions and warranties made by Us and will not be enlarged or diminished without Our prior written approval.
You represent and warrant that You are at least eighteen (18) years old and are not under guardianship or custody and that You are legally capable and have the right to bind Yourself to this Terms and Conditions. If You do not meet those conditions but still access or use the App, Services, Merchants, Third-Party Content, Offers or Payment Method, You represent and warrant that Your act of signing up, accessing or conducting other activities within the App have been approved by Your parents, guardians or custodian. You expressly waive any rights under the applicable laws to cancel or revoke any and all consents You provided according to this Terms and Conditions when You are deemed legally mature.
You hereby agree to fully indemnify and to hold Our harmless from and against any claim brought by a third party resulting from the use of the App and the Services in respect of all losses, costs, actions, proceedings, claims, damages, expenses, fees (including reasonable legal costs and expenses), or liabilities, whatsoever suffered, or incurred directly or indirectly by Us in consequence of and/or in connection with the use of the App and the Services, and your breach of any of the Terms and Conditions.
You understand and agree that all risks arising from the use of the App, Services, Merchant, Third-Party Content, Offers and Payment Method are entirely Your responsibility and You hereby agree to release Us from any claims regarding damages, interferences or other forms of system disruptions caused by unauthorized access by other parties.
You expressly release Us, including but not limited to Our officials, directors, commissioners, employees, and merchants, from any and all obligations, consequences, material or immaterial losses, claims, fees (including advocate fees) or legal responsibilities that arise or may arise due to Your violation of this Terms and Conditions, or in connection with the Merchants, Third-Party Content Provider, Offers Provider or Payment Service Provider’s behaviours.
The App may be interrupted by events outside of Our authority or control in these Terms and Conditions (“Force Majeure”), including but not limited to natural disasters, electricity disruptions, telecommunications failures, government policies, and other events. You hereby agree to release Us from any demands and responsibilities, if We are not able to facilitate Service, including to fulfil instructions You requested through the App, either in part or in whole, due to a Force Majeure.
Notwithstanding above, You shall remain liable to pay all fees and charges which are outstanding and/or due and payable to Us.
You may contact Us via email to firstname.lastname@example.org or by Tel: 1800-22-0123 or 088-720202.
If the reply to your query or complaint is not satisfactory to you, you may contact the following bodies:
Bank Negara Malaysia
Laman Informasi Nasihat dan Khidmat (LINK)
Ground Floor, D Block,
Jalan Dato’ Onn,
50480 Kuala Lumpur.
Contact Centre (BNMTELELINK)
Tel : 1-300-88-5465
Ombudsman for Financial Services (664393P)
(formerly known as Financial Mediation Bureau)
14th Floor, Main Block,
Menara Takaful Malaysia,
No. 4, Jalan Sultan Sulaiman,
50000 Kuala Lumpur.
I have read and understood all of this Terms and Conditions and its consequences and hereby accept any rights, obligations, and conditions stipulated therein.