Terms of Service

GENERAL

 

This Terms of Service governs your access to and use of the OneCALL Apps and Services made available by MBP Solutions Sdn. Bhd. (Company No. 200401006982 (645486-P). By downloading and installing the OneCALL Apps and/or registering for and using the Services, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to this Terms of Service, please immediately discontinue your use of OneCALL Apps and the Services.

 

The OneCALL Apps is powered by the e-wallet platform “eM-ONEi” operated by MobilityOne Sdn. Bhd. (Company No. 200201033972 (601637-T) (“MOSB”), an approved e-money issuer. MOSB will assume the liability for the e-money issued. This Terms of Service shall be read together with the User Terms and Conditions of MOSB at www.mobilityone.com.my.

 

We reserve the right to modify, update or amend the terms of this Terms of Service by placing on the website upon at least twenty-one (21) calendar day notification to you. By continuing to communicate with us or by continuing to use our Services following the modifications, updates or amendments to this Terms of Service, this shall signify your acceptance of such modifications, updates or amendment.

 

  1. DEFINITIONS
“Account” means the account registered maintained by User for the OneCALL Apps.

 

“BNM” means Bank Negara Malaysia or the Central Bank of Malaysia.

 

“Ringgit Malaysia” or “RM” means the lawful currency in Malaysia.

 

“Services” means the features in the OneCALL Apps which enables User to perform the transactions set out in the OneCALL Apps.

 

“We” or “Us” or “Our” means MBP Solutions Sdn. Bhd. and its successor and permitted assignee.

 

“You” or “Your” means the person who registers and accesses the OneCALL Apps.

 

 

  1. USE OF SERVICE

2.1 By registering for an Account in the OneCALL Apps, you represent and warrant that you are at least eighteen (18) years of age. If you are not at least eighteen (18) years of age, you represent and warrant that you have obtained your parent or legal guardian’s consent. Your parent or legal guardian shall be responsible for your use of OneCALL Apps and/or the Services.

 

2.2 The Account is not a bank account or any form of term deposit. The Account cannot be pledged or used in any manner by you as any form of security instrument for any purpose whatsoever. No interest, dividends or other payments shall be accumulated or payable to you on any credit held in your Account.

 

  1. YOUR RESPONSIBILITY

3.1 You shall:

  • provide accurate and complete information to us. You will immediately provide up-to-date information of yourself to us upon any changes.
  • safeguard and maintain the security of your Unique Identifier, password and other details in relation to your Account.
  • comply with this Terms of Service and all applicable laws of Malaysia relating to the Services.
  • use the Services for valid and legal purposes only.
  • review your transaction history regularly. The transaction history in your Account is final and conclusive.
  • use the Account exclusively for your own benefit.
  • authorize us to rely and act upon all communications and instructions given by you. Any instruction or communication sent from your Account shall be deemed to have been issued by you irrespective of whether such instructions, confirmations and/or communications were actually sent by you.

3.2       You shall not:

  • disclose any details of your Account to third party, and shall immediately change your password and inform us if your Account has been in any way compromised or you suspect any unauthorized access or use of your Account.
  • fraudulently create an Account. If we discover that you are creating a fraud Account, we may immediately terminate the Account and report such fraudulent activity to the relevant authorities such as BNM.
  • use the Services to engage in money-laundering, terrorism financing, drug trafficking, wagering or other fraudulent, illegal or criminal activities.
  • use the Services in any way which undermines or infringes on our rights or the rights of any third party.
  • transfer or assign your Account to any third party.
  • hold us liable for any loss or damage arising from your failure to keep information relating to your Account safe and confidential.
  • do anything which disrupts, interferes or interrupts with the proper operation of the Services;
  • attempt to defraud, infect or spam the system, manipulate the Services or attempt to obtain any unlawful or fraudulent gains under the Service or any offer made from time to time.
  1. INTELLECTUAL PROPERTY RIGHTS

4.1       You acknowledge that all trademarks and intellectual property rights relating to the OneCALL Apps and Services are owned by (or licensed to) us and shall remain the sole property of us (or its licensor, as the case may be).

4.2       You shall not dispute the ownership of all trademarks and intellectual property rights relating to the OneCALL Apps and the Services.

 

  1. PRIVACY POLICY

5.1       You agree and accept all the terms of our Privacy Policy which are incorporated herein by reference and shall form an essential and integral part of this Terms of Service.

 

  1. CHARGES

6.1 We reserve the right to impose any charges, fees or subscriptions for the use of certain Services, if such charges are required. We shall notify you of any changes to the fees and charges imposed by giving twenty-one (21) day notice prior to the effective date of the fees and charges.

6.2 In accessing and using OneCALL Apps and/or Services, you shall be fully responsible and liable for all charges and payment due to your communications services provider to access OneCALL Apps and the Services including but not limited to telephone charges and internet/data charges.

 

  1. TERMINATION AND SUSPENSION

7.1 You may terminate your OneCALL Apps by contacting us.

7.2 We may, without notice, suspend the Services at any time in the event of any security concerns or unexpected technical, system, maintenance, modifications, fixes, bugs or other related issues, or in the event of any suspicious, criminal, illegal or fraudulent activity or your violation of any of the Terms of Service.

 

7.3 Your OneCALL Apps may be suspended in the event that it is dormant, or no transactions have been effected by you for a period of six (6) months and beyond. You will be required to contact us to reactivate your Account and We reserve the right to charge a reactivation fee.

7.4 You agree that we may at any time, with or without prior notice and as we deem fit or necessary, suspend or terminate your Account or the Services generally for causes including but not limited to the following:-

  • your breach of any of this Terms of Service;
  • if we detect any misuse or abuse of the Services;
  • if we cease for whatsoever reason to provide any or all of the Services; and
  • at the request of BNM or any governmental or law enforcement body or agency.

In the event that we terminate your Account with us, all pending transactions and any fees or sums due to us or other parties will be processed and deducted prior to the termination. Any remaining credit balance in your Account will be automatically forfeited upon termination and cannot be refunded to you.

 

  1. REFUND POLICY

8.1 If you request for a refund of the available balance in your Account, you shall provide the correct bank account details and any other information as may be required by us to enable us to process the refund request. The refund to your bank account will be done within fourteen (14) working days from the date request.

8.2 If you request for a refund in respect of any fees or payments made towards purchases made through your Account, please contact us, subject to our satisfaction that your balance was wrongly deducted from your Account due to:

  • our technical error where your attempted transaction does not go through; or
  • goods or services purchased through OneCALL Apps was not made available.

 

  1. DISCLAIMER AND LIMITATION OF LIABILITY

9.1       THIS SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL LIABILITY AND MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES OF ANY KIND IN RELATION TO THE SERVICES INCLUDING BUT NOT LIMITED TO ACCESSIBILITY, TIMELINESS AND UNINTERRUPTED USE OF THE SERVICES; AND COMPLETENESS, TIMELINESS, SEQUENCE, ACCURACY OR THE SECURITY OF ANY DATA, INFORMATION PROVIDED TO YOU AS PART OF THE SERVICES.

9.2       YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION AND YOU WILL ASSUME TOTAL RESPONSIBILITY THEREFOF. YOU WILL RELY ON YOUR OWN REVIEW AND EVALUATION OF THE SERVICES TO ASSESS ITS SUITABILITY FOR YOUR PARTICULAR PURPOSE. YOUR SOLE REMEDY AGAINST US IN THE EVENT OF DISSATISFACTION IS TO CEASE USING THE SERVICES.

9.3       WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST REVENUE, PROFITS OR BUSINESS ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES (INCLUDING ANY BREACH HEREOF) OR THE PAYMENT TRANSACTIONS CONTEMPLATED HEREBY.

 

  1. INDEMNIFICATION

10.1     You agree to, at your sole cost and expense, indemnify, defend and hold harmless us against any and all cost, claims, suits, actions, demands, damages, liabilities, expenses (including reasonable fees and disbursements of counsel), judgments, settlements and penalties of every kind (collectively “Losses”) in connection with: (a) any breach by you of any provision contained herein; (b) any failure on your part to comply with all applicable laws in connection with the Services provided hereunder; (c) any violation or claimed violation of a third party’s rights, including intellectual property rights in connection with the Services; or (d) the negligent or intentionally wrongful acts or omissions of you. You hereby agree and undertake to fully indemnify and keep us harmless from and against all actions, claims, proceedings, costs (including legal costs on an indemnity basis), losses, charges, expenses which we may suffer due to misconduct, dishonesty, fraud or negligence perpetrated by any third parties as a result of the negligence or wilful act or default of you.

 

  1. GOVERNING LAW AND JURISDICTION

11.1     This Terms of Service shall be interpreted, construed and enforced in all respects in accordance with the laws of Malaysia.

11.2     Each Party irrevocably submits to the exclusive jurisdiction of the courts of Malaysia, in connection with any action under this Terms of Service, or otherwise arising under or by reason of this Terms of Service.

 

  1. QUERIES OR COMPLAINTS

12.1     You may address your queries or complaints to our customer care department in relation to the Services via email at [email protected] or call us at +603 9213 0687.

 

12.2     If our 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

(Overseas: 603-2174-1717)

Fax: 603-2174-1515

Email: [email protected]

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.

 

  1. MISCELLANEOUS

13.1     If any term of this Terms of Service is deemed unenforceable, the remaining terms will remain in full force and effect.

13.2     No failure or delay by us in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any other rights, power or privilege hereunder.

13.3     We shall not be liable for any failure to perform our obligations herein caused by event which is outside our reasonable control (“Force Majeure Event”). Force Majeure Event includes an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies.

13.4     We may, in its sole discretion, serve notice to you under this Terms of Service by posting such notice on our website or any other medium as we deem fit.

13.5     We shall be entitled to assign the whole or any part of its rights or obligations under this Terms of Service at our sole discretion. This Terms of Service shall not be assigned by you to any other third party.

13.6     This Terms and Conditions shall be binding upon and ensure to the benefit of our respective successors in title and assigns.

13.7     In the event of any inconsistencies between this Terms of Service and its translation in any other language, the English language version of this Terms of Service shall supersede and prevail over any other language.

 

Updated as of January 2021