Terms & Conditions

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Personal

Business

Notice to Customer

(Remittance service)

Customer Due Diligence (CDD) is a requirement under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA) and the Money Services Business Act 2011 (MSBA). CDD shall be conducted on customer conducting any transaction. Please produce your identification document before making any transaction.

Notis kepada Pelanggan

(Perkhidmatan pengiriman wang)

Pelaksanaan Usaha Wajar Pelanggan (Customer Due Diligence / CDD) adalah satu keperluan di bawah Akta Pencegahan Pengubahan Wang Haram, Pencegahan Pembiayaan Keganasan dan Hasil Daripada Aktiviti Haram 2001 (AMLA) dan Akta Perniagaan Perkhidmatan Wang 2011 (MSBA). Usaha Wajar Pelanggan akan dilaksanakan terhadap pelanggan yang melakukan sebarang transaksi. Sila sediakan dokumen pengenalan sebelum menjalankan sebarang transaksi.

THE USE OF SUNWAY MONEY SDN BHD ("SUNWAY") INTERNATIONAL MONEY REMITTANCE SERVICES ("SERVICE") ARE SUBJECT TO THESE TERMS AND CONDITIONS WHICH APPLY TO AND GOVERN YOUR ACCESS TO AND USE OF THIS SITE ("SITE") AND THE SERVICE AVAILABLE ON THE SITE AS A USER ("USER"). THESE TERMS AND CONDITIONS DESCRIBE YOUR RIGHTS AND OBLIGATIONS AS A USER AND SUNWAY'S RIGHTS AND OBLIGATIONS AS A SERVICE PROVIDER.

IT IS IMPORTANT THAT YOU READ AND UNDERSTAND OUR TERMS AND CONDITIONS BEFORE YOU ACCEPT THEM. BY REQUESTING AND/OR USING THE SERVICE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS OF THIS AGREEMENT AS FOLLOWS:

DEFINITION AND INTERPRETATION
1. "Authorised Person" refers to any individual(s) fully authorised by the User to, for and on behalf of the User, use the System and the Service, operate the User’s Account, create and authorise Transactions, perform all actions and agree to all terms and conditions (including amendments thereto) in relation to the User’s Account, the Services and all Transactions. For the avoidance of doubt, all action or omission of the Authorised Person in relation to the User’s Account, the Services and all Transactions are deemed to be carried out and authorised by the User, and shall be legally binding on the User.
2. "Authorised Person’s Details" including but not limited to the Authorised Person’s full name, contact details, email address, nationality, national registration identity card number/passport number, date of birth, designation, the employer’s name and/or any other information or documents as required by SUNWAY from time to time.
3. "Direct Debit Service" refers to the service provided by SUNWAY for the collection of payments directly from the User’s Account in accordance with the pre-authorization mandate received from the User.
4. "Direct Debit Authorization" refers to the pre-authorization or mandate given by the User to SUNWAY to initiate a deduction directly from the User’s bank account to pay for the international money remittance instruction created by User through the System.
5. "FPX“ refers to Financial Processing Exchange, a Malaysian online payment gateway by PayNet.
6. "Key Personnel(s)“ refers to a director, shareholder, sole proprietor, business owner, partner, or any other person(s), who is the key person of the User.
7. “Loss” includes loss, damage, claim, costs, subscription fees, charges, damages and/or expenses of whatsoever nature without limitation arising from contract, tort, equity or any other principles of law or legal theory (including any loss of profits, lost savings, loss of data, loss of opportunity, loss of goodwill, special, incidental, punitive or exemplary losses and consequential damages) and howsoever arising whether direct, indirect, joint, several, actual, contingent or otherwise (including legal fees on a full indemnity basis), and includes without limitation claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers and unauthorised or illegal access to computers (including but not limited to hacking), property damage or pecuniary losses howsoever arising.
8. “Non-resident” refers collectively to citizens and residents of countries other than Malaysia and non-individual entity(ies) incorporated, established or registered in a country other than Malaysia.
9. "Recipient" means the person identified as the beneficiary who ultimately receives the payment in accordance to the User’s instruction through the System.
10. “Recipient Country” means the country of the Recipient where the crediting of the Recipient's account is to be made or the country where the Recipient receives the money transfer.
11. “Recipient’s Details” including but not limited to the following details:-
  1. If is a Private Individual
    Full name, nationality, address, bank’s details, and/or any other information or documents as required by SUNWAY from time to time.
  2. If is a Business Entity
    Organisation name, country of incorporation, business address, bank’s details and/or any other information or documents as required by SUNWAY from time to time.
12. “Rate Quotation” means a quotation of Foreign Exchange rate where the conversion rate of each payout currencies are displayed and is subject to change from time to time according to the prevailing market condition.
13. “Sender” means the person identified as the originator by the User who perform the transfer of payment to Recipient.
14. “User’s Account” refers to the facility provided to the Sender upon registration for uniquely identifying the Sender of the Services and for accessing the Services.
15. “Sender’s Details” including but not limited to the following details:
  1. If is a Private Individual
    Full name, identification number, nationality, date of birth, address, and/or any other information or documents as required by SUNWAY from time to time.
  2. If is a Business Entity
    Organisation name, registration number, nature of business, organisation type, country of incorporation, business address, and/or any other information or documents as required by SUNWAY from time to time.
16. “Service” refers to the international money remittance service involving online money transfer services offered by SUNWAY to its User to facilitate Sender's money transfer to be paid to the Recipient in the Recipient's Country.
17. “Service Charge” means fee(s) imposed by SUNWAY on the User for each remittance instruction made (including but not limited to any service fee and/or surcharge) and is subject to change at SUNWAY discretion.
18. “Sunway Fintech” refers to Sunway Fintech Services Sdn Bhd (formerly known as Sunway SCF Sdn Bhd).
19. “Sunway Group” refers to the Suwnay group of companies which includes all subsidiaries and affiliates of Sunway Berhad worldwide including but not limited to Sunway Money Sdn Bhd and Sunway Fintech Services Sdn Bhd (formerly known as Sunway SCF Sdn Bhd).
20. “System” means SUNWAY's proprietary international money remittance system accessible by the User via the Site for the purposes of carrying out the Transaction.
21. “Transaction” means online remittance transaction carried out by the User through the System.
22. “User” means the entity initiating the carrying out of a Transaction whose application for Services has been accepted and registered with SUNWAY.
23. “User’s Details” including but not limited to the User’s organisation name, organisation registration number, organisation type, country and date of incorporation/registration, registered address, business address, yearly revenue, nature of business, contact details, Authorised Person’s Details, Key Personnel(s)’ details and/or any other information or documents as required by SUNWAY from time to time.
ELIGIBILITY
1. User must be a duly incorporated, established or registered lawful and solvent entity and not be disqualified under any Malaysian law and regulation to enter into a legally binding agreement.
2. User agrees that they are aware of all laws and regulations of Malaysia when using the Services.
3. The User must meet all customer due diligence requirements imposed by SUNWAY
4. The User agrees that they be solely and absolutely liable for any liabilities arising from using the Services and undertakes to indemnify SUNWAY against any Loss incurred by SUNWAY pursuant thereto.
SERVICE CHARGE AND FOREIGN EXCHANGE
1. Every Transaction by the User shall attract Service Charge. The applicable Service Charge and foreign exchange rate are based on the latest Rate Quotation provided by SUNWAY. The latest Rate Quotation may be found on the Site.
2. The User agrees that SUNWAY has the absolute and sole discretion in the determination of the Service Charge and applicable foreign exchange rate from time to time.
3. In the event the applicable foreign exchange rate employed or quoted by SUNWAY for any Transaction has been determined to be incorrect by SUNWAY in its sole discretion, SUNWAY is entitled, but not obliged:
  1. to void and cancel the said Transaction; and
  2. refund the monies paid by the Sender to SUNWAY (“Said Monies”) which is in the possession of SUNWAY,
  subject that the User shall do all that is necessary (including procuring any third party to do all that is necessary) to cooperate with SUNWAY in order to complete the above. In such event where the Said Monies has been transferred to the Recipient, SUNWAY is entitled, but not obliged, to effect the reversal of such Transaction subject always that the User shall assist in completing such reversal, including but not limited to procuring the Recipient to execute a written consent to the Recipient bank for such reversal. SUNWAY shall not be liable to compensate the User, the Sender and/or the Recipient for any Loss incurred or likely to be incurred by them.
USER’S RESPONSIBILITIES
1. User agrees to pay Service Charge for each Transaction initiated or requested.
2. User warrants that all particulars, information and/or documents provided by the User to SUNWAY (including but not limited to the information and/or documents relating to the User’s Details, Sender’s Details, the Authorised Person’s Details, the Transaction, the Recipient’s Details and the Recipient Country) (“the Supplied Information”) at any time and/or from time to time are true, accurate, current, complete and not misleading. The User undertakes to forthwith notify SUNWAY of any changes or amendments to any part of the Supplied Information by providing the updated information and/or documents (“the Updated Information and/or Documents”) in writing, the receipt of which must be acknowledged in writing by SUNWAY. The User agrees that, in the event of any inconsistency between the Supplied Information and the Updated Information and/or Documents provided to SUNWAY, the latter shall prevail. The User hereby irrevocably grants consent to SUNWAY to revise and amend the Supplied Information at any time and/or from time to time, to be consistent with the Updated Information and/or Documents without any prior notice to the User and hereby acknowledges and agrees that such revision and amendment by SUNWAY shall be deemed to have been personally made by the User and/or its Authorised Person. The User further irrevocably grants consent to SUNWAY to revise and amend, as SUNWAY determines in its absolute discretion, any part of the Supplied Information at any time and/or from time to time, based on the User’s or its owner(s)’ or partner(s)’ or director(s)’ or Authorised Person(s)’ confirmation(s) or any relevant supporting documents in relation to the Transaction required by SUNWAY, or publicly available information (including the information obtained from the internet search, the User’s website, Sender’s website, the Recipient’s website or the relevant governing bodies’ portal that are available for public access) obtained by SUNWAY and hereby acknowledges and agrees that such revision and amendment made by SUNWAY shall be final and conclusive.
3. User is acting as a principal and not on behalf of any third party or any other person. User shall not use the Service for any illegal purpose, in violation of these terms and conditions or any applicable laws, regulations or requirements, including but not limited to those relating to Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, Money Services Business Act 2011, Personal Data Protection Act 2010, Financial Services Act 2013 and Foreign Exchange Policy Notices, and all necessary approvals, if required, have been obtained from the relevant authorities including Bank Negara Malaysia before carrying out any Transaction.
4. User undertakes to indemnify SUNWAY, its employees, directors, officers, representatives, affiliates, subsidiaries and agents for any Loss caused to SUNWAY arising from the User or its Authorised Person providing untrue, inaccurate, out-of-date, incomplete or misleading information or particulars.
5. User hereby irrevocably and unconditionally warrants that the Authorised Person is fully and completely authorised by the User under all relevant laws, and SUNWAY is not obliged to make any necessary checks on the status of authorization of the said Authorised Person and shall not be liable for accepting any action or omission by the Authorised Person in relation to the User’s Account, the Services and Transactions. The User shall notify SUNWAY in the event of any change in respect of the Authorised Person, in writing, the receipt of which must be acknowledged in writing by SUNWAY. The User and/or its Authorised Person are responsible for protecting all username and password of the User’s Account and prevent unauthorised use of User’s Account, and that the User is fully and absolutely liable and hold SUNWAY harmless for all Transactions and activities happening within and relating to the User’s Account.
6. User and its Authorised Person shall properly log out of the System and User's Account after use of the Service.
7. User acknowledges and agrees as follows:
  1. if the Transaction is an outward remittance transaction, the User shall ensure that sufficient funds are paid to SUNWAY in advance for the amount requested for the Transaction, failing which, SUNWAY shall be under no obligation to act on the User’s payout instruction;
  2. funds paid to SUNWAY shall not accumulate any interest whatsoever;
  3. that SUNWAY may restrict, decline or refuse User's request for carrying out the Transaction at any time at SUNWAY's sole discretion without assigning any reasons, and SUNWAY is not liable for any Loss in respect of such restriction, rejection or refusal;
  4. that the Transaction may take up to three (3) business days or longer period to reach the Recipient;
  5. although the Site and the Services may be accessible outside Malaysia, SUNWAY accepts no liabilities arising from non-compliance with any law of any country outside Malaysia;
  6. access to the Site and Services are subject to the availability of the IT and network systems of SUNWAY, and/or FPX services/fund transfer services by the User’s paying bank or e-wallet, and/or any third party service provider relating to or in connection with the Services. SUNWAY does not guarantee nor warrant the full availability of SUNWAY IT and network systems at all times;
  7. the Site and Services are accessible and available to customers in Malaysia only. The User shall deliver physical submissions of their supporting documents as may be required by SUNWAY (including without limitation corporate documents or identification documents) to the designated offices of SUNWAY prior to using the Services;
  8. the User shall ensure that the source and purpose of the remittance funds be provided in the relevant fields provided in the System;
  9. that SUNWAY and/or Sunway Group may rely on the registration information and the remittance payout information provided by the User to SUNWAY, and that any error or inaccuracy provided by the User shall be at the User’s own risk and the User indemnifies and hold SUNWAY harmless from all Loss arising from such error or inaccuracy;
  10. that if it is an outward remittance Transaction where the User is a Sender, the User shall be responsible to ensure its payment of any funds to SUNWAY is from the User’s own bank account and/or the User’s own e-wallet account, it is fully authorised to make payment using such bank account and/or e-wallet, and the details of the bank account and/or e-wallet are complete and SUNWAY shall not be responsible for any failure of such payment due to any act or omission on User’s or third party’s part.
  11. that SUNWAY and/or Sunway Group may request from the User any information or document relating to any Transaction made by the User at any time within seven (7) years of the Transaction and that the User is obliged to retain all information for its Transactions during that period;
  12. that the remittance payout delivery duration shall be as stipulated in the System and it is on a best effort basis without liability to SUNWAY and its service providers;
  13. that regardless if the User has cancelled a Transaction or the Transaction has failed due to reasons attributable to the User, the User shall still be liable for the Service Charge, a one-time administrative charge of Ringgit Malaysia Hundred (RM100.00) only and other Losses as may be incurred by SUNWAY as a result thereof. SUNWAY is under no obligation to refund the Transaction amount to the Sender, and may only do so less the abovementioned charges in the event the Recipient or its bank refunds the same;
  14. that any request for amendment, reversal and/or cancellation in relation to any submitted Transaction shall be made in writing and subject to SUNWAY’s approval, and the User shall bear all Service Charge, administrative charge and/or any other cost and expenses incurred in respect of such amendment, reversal and/or cancellation, and indemnifies and hold SUNWAY harmless from all Loss arising from such amendment, reversal and/or cancellation;
  15. the User must maintain banking facilities account with bank(s) in Malaysia to use this Service; that all charges imposed by the banks if any shall be borne by User; and that the User shall adhere to all terms and conditions between themselves and the bank(s), as applicable, without any liability to SUNWAY;
  16. SUNWAY reserves all rights to impose any limitation to the Transactions whether in amount, frequency or otherwise in accordance to the laws of Malaysia;
  17. the Service is subject to Bank Negara Malaysia's Cautionary Statement whereby BNM does not guarantee the remittance of the funds by SUNWAY and the User bears all risk of Loss suffered from the Transaction;
  18. to expressly authorize SUNWAY and/or Sunway Group to record, electronically or by any other means, all information or data in relation to operations or consultations performed in relation to the Transaction, and to use the same as evidence in any proceedings;
  19. SUNWAY is entitled to deduct all relevant fee for the verification of bank details and any other information relating to the Direct Debit Authorisation given by the User.
RATE QUOTATION AND AUTHORISATION TRANSACTION BY USER
1. If the User is a Sender in respect of a Transaction:
  1. SUNWAY is entitled, but not obliged, to execute the User’s Transactions if the following conditions (“Said Conditions”) are not fulfilled by the User within 3 hours from the User’s request for the Transaction in the System via the User’s Account (or such other time period as may be revised by SUNWAY from time to time in its sole discretion) (“Said Time Period”):-
    1. SUNWAY is in receipt of the remittance amount for the Transaction; and
    2. SUNWAY is in receipt of all supporting documents required by SUNWAY (unless waived by SUNWAY in its sole discretion) and is satisfied with the supporting documents. The User hereby warrants and undertakes that all supporting documents (including invoices) submitted to SUNWAY under the preceding paragraph (b) above are true, accurate and complete.
  2. In the event that the Said Conditions are fulfilled after the Said Time Period, and the prevailing foreign exchange rate (relevant to the affected Transaction) at the time of the fulfilment of the Said Conditions (“Prevailing Rate”) is different from the foreign exchange rate originally confirmed by the Sender for its Transaction (“Original Rate”), the following shall apply:
    1. if the Prevailing Rate has fluctuated adversely (against the User) compared to the Original Rate by less than 3%, the Transaction shall be completed based on the Prevailing Rate and the resulting lower remittance amount will be sent to the Recipient;
    2. if the Prevailing Rate has fluctuated adversely (against the User) compared to the Original Rate by 3% or more, SUNWAY reserves the right to cancel the Transaction and refund the remittance amount to the User after deducting an administrative fee of up to RM5; or
    3. if the Prevailing Rate has fluctuated favourably (for the User) compared to the Original Rate, the Transaction shall be completed based on the Original Rate and the same remittance amount will be sent to the Recipient.
2. If the User is a Recipient in respect of a Transaction:
  1. SUNWAY is entitled, but not obliged, to execute the User’s Transactions if the following requirements are not fulfilled
    1. SUNWAY is in receipt of the remittance amount for the Transaction; and
    2. SUNWAY is in receipt of all supporting documents required by SUNWAY (unless waived by SUNWAY in its sole discretion) and is satisfied with the supporting documents. The User hereby warrants and undertakes that all supporting documents (including invoices) submitted to SUNWAY under the preceding paragraph (b) above are true, accurate and complete
  2. Remittance amount is credited based on the prevailing foreign exchange rate at the time of conversion, and subject to Service Charge and any relevant charges imposed by the Sender’s and/or Recipient’s bank.
PASSWORD AND SECURITY
1. When creating the User’s Account, the User shall be asked to provide a password and a valid email address which shall be used as the username. The password and the username must not be used by or disclosed to any other person than the User and its Authorised Person. It is the User’s responsibility to keep their password and their username safe as well as all Transactions carried out using the same. THE USER AND ITS AUTHORIZED PERSON SHALL NOT SHARE THE PASSWORD WITH ANYBODY OR WRITE IT DOWN. The User shall notify SUNWAY immediately of any unauthorised use of their password and username or of any other breach of security. SUNWAY will take necessary action on the said unauthorised use but disclaim all liabilities for any Loss resulting from such unauthorised use.
OTHER SERVICES
1. The User acknowledges and agrees that:
  1. in applying for Services and registering with SUNWAY, the User also acknowledges and agrees to register with Sunway Fintech ; and
  2. upon the acceptance of the User's application for Services and registration with SUNWAY, the User shall automatically be registered with Sunway Fintech subject to the provision by the User of further information requested and required by Sunway Fintech and verification and approval by Sunway Fintech.
2. In connection to the aforesaid, the User acknowledges, agrees and authorises that SUNWAY may from time to time disclose, transfer and share information and data collected on the User and the Authorised Persons to Sunway Fintech .
PROHIBITIONS AND RESTRICTIONS
1. User SHALL NOT and shall procure the Authorised Person NOT TO:
  1. use the Service in any way which will deprive other Users of their legitimate right to use the Service;
  2. use the Site for unlawful purposes in any jurisdiction or in breach of these Terms;
  3. use the Services for any unlawful or illegal activity or in breach of any laws including without limitation the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and such subsequent amendments thereto;
  4. subject to the extent permitted by applicable law and User providing supporting documents to SUNWAY, use the Services for or to facilitate any transaction that involves (a) Russia’s military-industrial base, Myanmar military, including armed forces of Myanmar, Ministry of Defence of Myanmar, or any entities or individuals that are owned, controlled by or acting on behalf of the Russia’s military-industrial base or Myanmar military; (b) any sanctioned persons, sanctioned jurisdictions or sanctionable activities, including the end use of such sanctioned persons, sanctioned jurisdictions or sanctionable activities; or (c) goods which are regulated as strategic or dual use goods including without limitation those prescribed under the Strategic Trade Act 2010;
  5. allow access, re-sell or re-provide the Services to any other person;
  6. modify, copy, distribute, reproduce, transmit, display, perform, publish, upload, post, license, create derivative works from, transfer or sell any information, designs, logos, trademarks, software or services obtained from the Site;
  7. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind without limitation, any information or statement constituting or encouraging conduct that would tantamount to criminal offence, give rise to civil liability and/or violates any laws;
  8. post or transmit any messages that amount to advertising material, touting or sale of, or offer to sell, any product or service;
  9. transmit or disseminate advertising material, chain letters, spam, junk mail or other type of unsolicited messages;
  10. post or transmit or disseminate viruses, worms, Trojan horses or other harmful, disruptive or destructive files;
  11. post, publish, transmit, reproduce, distribute, or in any way exploit any information, software or other material obtained from or through the Site for commercial purposes;
  12. attempt to decompile or reverse engineer any software available in the Site; and
  13. attempt to hack into the Site or otherwise attempt to subvert any firewall or other security measure of the Site.
LIABILITY
1. User shall be entitled to a full refund of the remittance amount for the relevant Transaction (excluding the Service Charge or any cost and expense of whatsoever nature) in the event of any Loss that may be attributed to SUNWAY's sole wilful act or omission SUBJECT THAT such Loss is not attributable to or partly attributable to the User or any third party.
2. SUNWAY, its employees, directors, shareholders, officers, representatives, affiliates, subsidiaries and agents shall not be liable for any Loss incurred by the User or any third party save except for the events as set out in Clause 9.1 above.
3. SUNWAY's liability subject to Clause 9.1 shall not exceed the greater of the full remittance amount or Ringgit Malaysia One Hundred (RM100.00) only.
DISCLAIMER
1. SUNWAY is not responsible or liable to the User or any third party for:
  1. any goods or services paid for by the User by using the Service;
  2. any goods or services provided by any third party;
  3. any viruses, worms, Trojan horses, unauthorised use or interception, or other harmful, disruptive or destructive files created by any third party;
  4. any links to any third party websites on the Site;
  5. any malfunction in communication facilities which is not under SUNWAY's direct control and may affect the accuracy or timeliness of any message or Transaction;
  6. any losses or delays in transmission of messages arising out of the use of any Internet access service provider or caused by any browser or other software whether or not under SUNWAY's control, or any delay in the completion of the Transaction; and
  7. any error on the Site or Service caused by incomplete or incorrect information provided by the User or a third party.
2. Nothing in these Terms confers or shall purport to confer on any third party any benefit or any right to enforce any term herein.
3. SUNWAY may refuse to provide or terminate the Service generally or to any User without prior notice, if SUNWAY has any reason to believe that doing so may be in breach of any laws, requirements, orders of a court or any body or agency having jurisdiction over SUNWAY (including Bank Negara Malaysia) or policies of SUNWAY, including that of any policy to prevent fraud, forgery, money laundering or terrorism financing, or if SUNWAY consider such action required to protect SUNWAY's interest, or if SUNWAY considers such action appropriate in its absolute discretion. SUNWAY is not obligated to provide the User any reason when denying the Service.
4. SUNWAY may suspend the operation of the Site or Service in whole or in part if SUNWAY, in its absolute discretion, considers appropriate.
5. SUNWAY reserves all rights to change the Service and the Site without notice at any time at SUNWAY's sole discretion.
6. SUNWAY may assign, delegate, subcontract or transfer the Service or any of its rights and obligations in whole or in part to any third party at its sole discretion.
7. SUNWAY may change these terms and conditions at any time at its sole discretion without prior notice to the User, and the User is deemed to have accepted such change in these terms and conditions.
8. SUNWAY does not guarantee storage of any data by the User in the System and excludes all liability for loss of data.
9. The Site is drawn up in English and other languages. In the event of conflict and/or inconsistency between any other version(s) and the English version, the English version shall prevail.
INDEMNITY
1. User shall indemnify SUNWAY, its directors, officers, its suppliers, their employees, subsidiaries, related corporation, associates, distributors and affiliates against any and all Loss suffered by SUNWAY and its directors, officers, its suppliers, their employees, subsidiaries, related corporation, associates, distributors and affiliates to any person as a result of any breach of these Terms.
FORCE MAJEURE
1. SUNWAY, its directors, officers, its suppliers, their employees, subsidiaries, related corporation, associates, distributors and affiliates shall not be responsible to the User for any delay in performance or non-performance or any Loss due to causes beyond the control of SUNWAY (including but not limited to Acts of God, devaluation of major currencies, Governmental mandates or Laws).
GOVERNING LAW
1. These Terms are governed by, and construed in accordance with, the laws of Malaysia.
2. These Terms between SUNWAY and the User shall be deemed to have been made and executed at SUNWAY office in Selangor and any breach of the terms and conditions stated herein shall be deemed to have arisen in Selangor irrespective of where the User may reside or where the Transaction may have taken place.
PERSONAL DATA
1. The User acknowledges that they have read through and agreed with the Privacy Policy on the Site. For the avoidance of doubt, the User’s acceptance of this Terms and Conditions shall constitute acceptance towards the Privacy Policy. SUNWAY may change Privacy Policy at any time at its sole discretion without prior notice to the User, and the User is deemed to have accepted such change in the Privacy Policy.
2. The User and the Authorised Person authorize SUNWAY and/or Sunway Group to collect and/or verify information on him/her/it, the Sender and/or the Recipient from whatever sources as may be required (including the User) and to release such information and documents as may be obtained to any third party for the purpose of or relating to SUNWAY and/or Sunway Group performing the Service, or in compliance with applicable laws and legal requirements, without any further reference to the User and/or the Authorised Person.
3. The User and the Authorised Person authorize SUNWAY and/or Sunway Group (including Sunway Fintech ) to collect and store information and personal data, and disclose, transfer and share the same within the Sunway Group for the other products and services that are provided and delivered by Sunway Group, including but not limited to Sunway Fintech .
DISCLOSURE OF INFORMATION
1. SUNWAY may release and disclose such information on or relating to the User, Authorised Person, Sender, Recipient and/or Transaction(s) as is permitted under or by law to the relevant authorities and/or third parties, including without limitation to those authorised by the User in clause 13.2 above.
AMENDMENTS
1. SUNWAY reserves the right to supplement, vary and/or modify these terms and conditions, in whole or in part, for accessing and/or using the Site and the Service, at any time at its sole discretion without prior notice by means of, including but not limited to, posting the updated version of these terms and conditions on the Site. Upon the posting of such updated terms and conditions, the User shall be deemed to have accepted and agreed such updated terms and conditions.
ENTIRE AGREEMENT AND SEVERALIBILITY
1. These Terms and Conditions, together with all other matters incorporated into these Terms and Conditions by reference, embody the entire agreement and understanding between SUNWAY and the User and supersede and terminate all prior agreements or understandings the User may have with SUNWAY. In the event any one or more of the provisions of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.
VERSIONS
1. In the event of any translation of these Terms and Conditions, the English version shall prevail.
SURVIVAL
1. The obligations and responsibilities of the User under these Terms that, by their nature, should survive the termination of these Terms shall so survive.