1. Introduction

    1. Welcome to the Tap2Own platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Tap2Own account ("Account") so that you are aware of your legal rights and obligations with respect to HOMTEC SOLUTIONS SDN BHD (Company No. 202301010864 (1504785-H) ) and its affiliates and subsidiaries (individually and collectively, "Tap2Own", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Tap2Own client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Tap2Own.

    2. The following terms & conditions apply to all visitors to or users (“User”) of this Site. By accessing this Site, User acknowledges acceptance of these terms and conditions. We reserve the right to change these rules and regulations from time to time at our sole discretion. In the case of any violation of these rules and regulations, we reserve the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the Site, both now and in the future.

    3. Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

    4. We reserve the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. We may release certain Services or their features in a beta version, which may not work correctly or in the same way 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, Site or Services in its sole discretion and without notice or liability.

    5. We reserve the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

    6. By using our services or opening an account, you give your irrevocable acceptance of and consent to the terms of this agreement, including those additional terms and conditions and policies referenced herein and/or linked hereto.

    7. If you do not agree to these terms, please do not use our services or access the site. if you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must get permission from a parent or legal guardian to open an account and that parent or legal guardian must agree to the terms of this agreement. If you do not know whether you have reached the legal age, or do not understand this section, please do not create an account until you have asked your parent or legal guardian for help. If you are the parent or legal guardian of a minor who is creating an account, you must accept the terms of this agreement on the minor's behalf and you will be responsible for all use of the account or services using such account, whether such account is currently open or created later.

  2. Limited License

    1. We hereby authorizes you to copy materials published by us on this Site solely for non-commercial use within your organization in support of our services. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials, which you make, shall retain all copyright and other proprietary notices in the same form and manner as in the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any patent, trademark or copyright of Tap2Own or any third party.

    2. All contents on this Site are protected by copyright except as specifically permitted herein, no portion of the information on this Site may be reproduced in any form, or by any means, without prior written permission from Tap2Own. Visitors or users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this Site for any public or commercial purposes.

  3. Use of Services

    1. The Services is made available to you by Tap2Own at its sole and absolute discretion to enable you to perform the necessary transactions.

    2. To use the Services, you need to create an Account with Tap2Own.

    3. To create an Account, you are required to successfully complete the Account Verification (eKYC) process. As part of this process, you may be asked to provide certain documents, including but not limited to a copy of your identification card, an employer’s confirmation letter, your latest three (3) months’ payslips and/or signed consent letters. By submitting the requested documents, you acknowledge and consent to our collection, use, and processing of your information for verification purposes.

    4. You acknowledge that by completing the Account Verification (eKYC) process, Tap2Own may use the relevant Personal Information/Data for identity verification and/or authentication purposes.

    5. In the event of any issues with the Account Verification (eKYC) function, kindly contact Customer Service for assistance.

    6. You acknowledge that for security purposes, Tap2Own may require you to provide additional verification and/or authentication in any manner that Tap2Own may determine.

    7. Your Account allows you the usage of numerous functions on the Site. Please note that the usage of your Account and the Services may be further subject to the relevant terms and conditions of each function.

    8. You shall provide accurate and complete information to Tap2Own and inform Tap2Own immediately of any changes in any particulars of your Personal Information/Data. You may update and/or change your contact number or e-mail address through the profile update service in the Account. If you wish to update and/or change any particulars of your Personal Information/Data other than those mentioned herein, please contact Customer Service. You hereby acknowledge that your name, e-mail address and mobile number and such other personal information may be made available by Tap2Own to another third party or bank for verification or other lawful purposes.

    9. You shall only be entitled to have one (1) Account. You are required to register your Account on your own device. For avoidance of doubt, each mobile number and email address can only be used for one (1) Account.

    10. You shall not fraudulently register the Account. If Tap2Own discovers that you are impersonating another person, whether an individual or another legal entity, Tap2Own may immediately terminate the Account and report such fraudulent activity to the relevant authorities.

    11. You shall, at all times be solely responsible to keep confidential and safeguard your Account details. You shall not disclose your login credentials and/or security credentials to any person. You shall be solely responsible and liable for any use and misuse of your Account and all activities that occur under your Account.

    12. The Account is not transferable nor assignable to any third party and shall be exclusively used by you. The Account cannot be pledged or used in any manner by you as any form of security instrument for any purpose whatsoever.

  4. Your Responsibility

    1. You Shall:-

      1. ensure that you shall use your Account for its intended use only primarily for payment and to obtain goods and services.

      2. ensure that you do not use the Site on any illegally modified devices such as jailbroken devices, rooted devices or any device that has been altered in any way whatsoever. In the event you may utilize such a device, Tap2Own shall not be liable in anyway whatsoever for any and all losses or damage which you may suffer including but not limited to any financial and/or information loss;

      3. use the Services in good faith and comply with the Terms and Conditions and all applicable laws of Malaysia relating to the Services, (including but not limited to Bank Negara Malaysia (BNM)’s Rules and Regulations/Guidelines, Communication and Multimedia Act 1998, the Financial Services Act 2013, Unclaimed Money’s Act 1965, AMLATFPUAA), and all subsidiary legislations, rules and regulations, notices, instructions or directives issued thereunder by the government, relevant authorities and regulatory agencies, and/or any notices, instructions, directives or guidelines given by Tap2Own in connection with the Services which may be amended from time to time; and

      4. take all reasonable steps to prevent the fraudulent, improper or illegal use of the Account and/or Services and immediately notify Customer Service upon the discovery of such fraud, improper or illegal use, theft, loss, or any other occurrence of unlawful acts. You shall, if instructed by Tap2Own, lodge a police report on the same and give Tap2Own a certified true copy of such report.

    2. You Shall Not:-

      1. use the Services for any purpose which is against public interest, public order or national harmony or for any unlawful purposes including but not limited to vice, gambling or other criminal purposes whatsoever or transmitting any content which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character or in any other manner which may result in complaints, claims, disputes, penalties or liabilities to Tap2Own; and

      2. hack into, access, tamper, breach or circumvent any authentication or security of any host, network or account of Tap2Own or its provider’s computer systems or interfere with service to any user, host or network, including, without limitation, sending a virus.

    3. You acknowledge that the Services is, and shall remain, at all times, the property of Tap2Own and you shall:-

      1. exercise all due care and diligence in the use and maintenance of the Account and Services; and

      2. not tamper or allow anyone to tamper with the Account and/or the Services (including, but not limited to, the software and the data recorded in the Site) in any way.

  5. Trademarks & Intellectual Property

    1. The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Tap2Own or other third parties. Users are not permitted to use these Marks without the prior written consent of Tap2Own or such third party, which may own the Mark.

    2. You acknowledge and agree that all trademarks and other intellectual property rights relating to the Services or any part thereof, whether presented to you by Tap2Own, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and all Tap2Own’s rights therein are expressly reserved.

  6. General Disclaimer

    1. Although Tap2Own has attempted to provide accurate information on this Site, Tap2Own assumes no responsibility for the accuracy of the information. Tap2Own may change the programs or services mentioned at any time without notice. Mention of non- Tap2Own products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

    2. All information provided on this Site is provided “as is” with all faults without warranty of any kind, either expressed or implied. Tap2Own and its suppliers disclaim all warranties, expressed or implied including, without limitation, those of merchantability, fitness for a particular purpose and non-infringement or arising from a course of dealing, usage or trade practice.

    3. Tap2Own shall not be liable for any indirect, special, consequential or incidental damage including without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this Site or any Tap2Own’s products. Damages resulting from the use of or reliance on the information present, even if Tap2Own or its suppliers have been advised of the possibility of such damages.

    4. Tap2Own further does not warrant the accuracy and completeness of the materials or services at this Site. Tap2Own may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and Tap2Own makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Please contact Tap2Own for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

  7. Disclosure, Forward-Looking Statements

    1. Some of the information on this Site may contain projections or other forward-looking statements. We wish to caution you that these statements are only predictions and those actual events or results may differ materially.

  8. Links to Third Party Sites

    1. This Site may contain links to third party sites. Access to any other Internet site linked to this Site is at the User's own risk and Tap2Own is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Tap2Own provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

  9. Tap2Own Online Privacy Statement

    1. This Clause shall be read together with the Tap2Own Privacy Policy which can be found on Tap2Own’s website. In the event of any inconsistencies, any interpretation or construction of this Clause and the Tap2Own Privacy Policy shall be read together to make the best commercial sense.

    2. You agree that by registering for the Account, you consent for your Personal Information/Data to be used and/or disclosed in accordance with the Personal Data Protection Act 2010.

    3. Tap2Own respects your privacy. We want to make use of individual identifying information that you provide us for purposes of serving you better. "Individual identifying information" is information that enables us to identify you, such as your email address, name, title and address. Tap2Own uses the individual identifying information in order to personalize your experience on this Site and also to be able to selectively send you communications that may be of interest to you, either electronically or otherwise.

  10. Use of Cookies

    1. A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites.

    2. If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser.

  11. Limitation of Liability

    1. In no event will Tap2Own, its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, or the materials or information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials, information or services from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof, applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  12. Amendment and Modification of Terms and Conditions

    1. Tap2Own reserves the right at its absolute discretion, from time to time, to vary, add to, delete or otherwise amend these Terms and Conditions or any part thereof by giving you twenty-one (21) days prior notice of such changes, additions or deletions. Your continued use of the Services after the effective date of any variation, addition, deletion or amendments to these Terms and Conditions shall constitute your unconditional acceptance of such variation, addition, deletion or amendments. You are advised to visit the Tap2Own’s website from time to time to keep updated of the latest variation to these Terms and Conditions (if any).

    2. The fees and charges (if any) imposed by Tap2Own pursuant to the Terms and Conditions may change from time to time. Tap2Own shall notify you of any changes to the fees and charges imposed by Tap2Own giving no less than twenty-one (21) days’ prior to the effective date of the said changes to the fees and charges.

  13. Anti-Money Laundering, Anti-Terrorism Financing And Proceeds Of Unlawful Activities Act 2001 (AMLATFPUAA) & Financial Services Act 2013 (FSA).

    1. Tap2Own acknowledges that the document or information collected by Tap2Own from you relating to your affair or account as a customer of Tap2Own will be only used and/or disclosed in accordance with the secrecy provisions under the Financial Services Act 2013 (FSA).

    2. Tap2Own, its subsidiaries and officers shall comply in all material respects with all applicable laws, regulations, guidelines and policies relating to AMLATFPUAA, including all, Regulations and Rules.

    3. Without limiting the generality of the foregoing, to the extent required by the AMLATFPUAA, Tap2Own shall (a) maintain an anti-money laundering and anti-terrorism financing compliance program that is in compliance, in all material respects, with the AMLATFPUAA, (b) conduct, in all material respects, the due diligence required under the AMLATFPUAA in connection with the use of the Account, and (c) maintain sufficient information to identify you for purposes of compliance, in all material respects, with the AMLATFPUAA.

    4. In the event your Account is ceased, terminated or suspended by Tap2Own due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013 and/or AMLATFPUAA or any regulation and/or guidelines made thereunder), you shall not be entitled to obtain any refund of the monies and all reload monies whatsoever in the Account and it shall be lawful for Tap2Own to retain for an indefinite period or release to the relevant authorities all monies in the Account in accordance with applicable legislation, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom from Tap2Own.

  14. Severability and Effect of Terms and Conditions

    1. If any of the provisions herein contained should be invalid, illegal and unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.

  15. Waiver

    1. Tap2Own’s failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed by Tap2Own in writing.

  16. Assigment

    1. You shall not assign or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. Tap2Own may assign these Terms and Conditions in whole or in part to any third party at its discretion.

  17. Language

    1. In any event of any inconsistency, conflict, ambiguity or discrepancy between the English version or any other version of these terms & conditions, the English version of these terms & conditions shall prevail.

  18. Binding Effect

    1. These terms & conditions shall be binding upon your successors and permitted assigns. These terms & conditions shall be binding upon and ensure the benefit of Tap2Own’s respective successors in title and assigns.