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Untitled Document

BEFORE CLICKING ON THE BUTTON AT THE END OF THIS
DOCUMENT, OR BEFORE SIGNING THE APPLICATION FORM, PLEASE READ
CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY
CLICKING ON THE "I AGREE" BUTTON OR BY SIGNING THE APPLICATION
FORM OR OTHERWISE BY USING ALL OR ANY PORTION OF THE SERVICES
(as hereinafter defined), THE CUSTOMER SIGNIFIES ITS ACCEPTANCE OF THIS
AGREEMENT, WITHOUT LIMITATION OR QUALIFICATION, WHEREBY THE
CUSTOMER HEREBY AGREE THAT IT HAS READ, UNDERSTOOD,
CONSENTED AND AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS
AGREEMENT. IF THE CUSTOMER IS ACCEPTING THIS AGREEMENT ON
BEHALF OF A CORPORATE BODY, THE CUSTOMER HEREBY AGREES AND
REPRESENTS THAT IT IS AUTHORISED TO DO SO. IF THE CUSTOMER IS NOT
SO AUTHORISED, NOR DEEMED IN LAW TO HAVE SUCH AUTHORITY, THE
CUSTOMER HEREBY ASSUMES SOLE PERSONAL LIABILITY FOR THE
OBLIGATIONS SET OUT IN THIS AGREEMENT. IF THE CUSTOMER DOES NOT
WISH TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK ON THE "NO"
BUTTON AND DO NOT CONTINUE TO DOWNLOAD, INSTALL, COPY OR
OTHERWISE USE ANY PART OF THE SERVICES. THE CUSTOMER HEREIN
HEREBY AGREES THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY
WRITTEN NEGOTIATED AGREEMENT SIGNED BY THE CUSTOMER.

These terms and conditions (hereinafter referred to as "this Agreement") is a legally
binding agreement between the Customer (whether an individual or entity), and ARRAY
TECHNOLOGY SDN BHD. ARRAY TECHNOLOGY SDN BHD reserves the right to
change the terms and conditions of this Agreement at any time by posting changes online
without prior notice. Notice of the amendment may be given by ARRAY
TECHNOLOGY SDN BHD to the Customer in such manner as ARRAY
TECHNOLOGY SDN BHD in its sole discretion deems appropriate. Please check this
Agreement, which shall be posted online at ARRAY TECHNOLOGY SDN BHD's
website periodically for changes. The Customer's continued Use (as hereinafter defined)
of the Services following the posting of any changes to this Agreement constitute
acceptance of those changes.

1. DEFINITIONS

"Agreement" means these terms and conditions and subsequent unilateral amendments,
variations, additions and deletions by ARRAY TECHNOLOGY SDN BHD together
with the Schedules and Annexures attached hereto;

"Agreement Date" means the date the Customer agrees to all the terms and conditions
contained herein;

"Charges" means the price of goods and/or services and/or costs of whatsoever nature,
which is payable by the Customer to the Payee, using the Services as mechanism to affect
Remittance;
"Customer" means the person who had Used the Services and whose particulars are
stated in Payment.net and includes its successors and permitted assigns if an individual,
and its authorized representatives, if a corporate body;

"Customer's Covered Entities" means its directors, officers, employees and subsidiaries,
in the case of a corporate body;

"Intellectual Property Right(s)" means all rights in and to copyrights, trademarks, patent
and other similar rights of any type under the laws of any relevant governmental
authority, domestic or foreign including all application and registration to any of the
foregoing;

" ARRAY TECHNOLOGY SDN BHD 's website" means the Payment.net website
maintained and controlled by ARRAY TECHNOLOGY SDN BHD for purposes of
Remittance;

"Law" means the laws of Malaysia;

"Payee" means recipient of Remittance made by the Customer using the Services, and
may include but not limited to merchants, retailers, clubs, utility companies and/or local
authority government bodies;

"Payee's website" means the website wherein the Customer purchases any item offered
by the Payee and where the Customer has agreed therein to pay all Charges via the
Services;

"Remittance" means online payment for the Charges using Payment.net from the
Customer to the Payee only;

"RM" or "Ringgit Malaysia" means the lawful currency of Malaysia;

"Services" means the Payment.net value added service provisioned and maintained by
ARRAY TECHNOLOGY SDN BHD to affect Remittance;

"Use" means to access or otherwise benefit from the use of the Services in accordance
with the terms and conditions of this Agreement;

In this Agreement, unless otherwise specified:

(a) words denoting the singular number shall include the plural and vice versa;

(b) where a word or phrase is defined, other parts of speech and grammatical forms of
that word and phrase shall have corresponding meanings;

(c) references to Schedules, Annexures, Appendices, Attachments, Paragraphs or
Clauses are references to the schedules, annexures, appendices, attachments, paragraphs
and clauses of this Agreement and references to Clauses shall be read as references to
sub-Clauses where appropriate;

(d) references to a party are reference to a party to this Agreement and include the
party's successors and permitted assigns;

(e) references to any agreement or instrument shall include references to such
agreement or instrument as amended, novated, supplemented, varied or replaced from
time to time;

(f) references to any legislation or to any provision of any legislation shall include
any modification or re-enactment of that legislation or any legislative provision
substituted for, and all regulations and statutory instruments issued under, such
legislation or provision;

(g) "includes" and "including" mean includes and including without limitations;

(h) headings are for convenience only and shall not affect interpretation; and

(i) any negative obligations imposed on any party shall be considered as if it were
also an obligation not to permit or suffer the act or thing in question and any positive
obligation imposed on any party shall be considered as if it were also an obligation to
procure that the act or thing in question be done.


2. SCOPE OF AGREEMENT

At the Customer's request, ARRAY TECHNOLOGY SDN BHD agrees to provide the
Services, subject to the terms and conditions contained herein.

3. CHARGES AND PAYMENT

The Customer agrees to pay the Charges to the Payee by using the Services wherein such
Charges shall include all Charges imposed by the Payee as specified in the Payee's
website which shall be the sole responsibility of the Customer.

4. CUSTOMER's INFORMATION

The Customer shall be solely responsible for providing ARRAY TECHNOLOGY
SDN BHD with accurate and current information on details required in the ARRAY
TECHNOLOGY SDN BHD's website to affect Remittance.

5. LIMITATIONS

5.1 Unless otherwise provided in this Agreement, ARRAY TECHNOLOGY SDN
BHD makes no representations of the Services to the Customer. The Services is provided
on an "as is" basis and the Use of the Services shall be at the Customer's own risk and
ARRAY TECHNOLOGY SDN BHD hereby disclaims all and any other express or
implied warranties including but not limited to merchantability, fitness for a particular
purpose, non-infringement and title, and any other warranties arising from course of
dealing or usage or trade practice.

5.2 In no event shall ARRAY TECHNOLOGY SDN BHD be liable to the Customer
in connection with or pursuant to this Agreement for any loss or damage (whether direct,
indirect, incidental, consequential, special or punitive damages, including, without
limitation, damages for lost profits/revenue or economic damage or loss of technology,
loss of data or injury to property or reputation, regardless of the form of action, whether
in contract, indemnity, warranty, strict liability or tort and regardless of whether such
party has reason to now or in fact knows of the possibility thereof), resulting from any
delay or failure to perform or observe this Agreement, either in whole or in part. In
addition, ARRAY TECHNOLOGY SDN BHD shall not be liable for any harm or
personal injury to the Customer or Customer's employees, representatives, its customers
or agents or contractors or sub-contractors resulting from any cause, other than ARRAY
TECHNOLOGY SDN BHD 's negligence or willful misconduct.

5.3 The Customer expressly acknowledges and agrees that ARRAY TECHNOLOGY
SDN BHD does not and cannot control the flow of data to or from the network (including
the Services) and other portions of the Internet. The Customer further acknowledges and
agrees that such flow depends on a variety of factors including the performance of
Internet services provided or controlled by third parties which, may result in situations
where the Customer's connections to the Internet (or portions thereof) gets impaired or
disrupted. ARRAY TECHNOLOGY SDN BHD cannot guarantee that such situations
will not occur and, accordingly, ARRAY TECHNOLOGY SDN BHD disclaims any and
all liability resulting from or related to such events including any other factors, which are
beyond ARRAY TECHNOLOGY SDN BHD 's control.

6. CUSTOMER's COVENANTS

6.1 The Customer shall not Use the Services in any way, which may contravene,
infringe, or violate any applicable laws, rules and/or regulations. The Customer shall at
all times, fully comply and observe with ARRAY TECHNOLOGY SDN BHD 's
Services Regulations and other rules, regulations, procedures, directives or memorandum
or terms and conditions that is applicable to the provision of and/or Use of the Services,
which are issued by ARRAY TECHNOLOGY SDN BHD from time to time.

6.2 In the event that the Customer's Use of the Services or interaction with the
Internet or third parties is causing harm or threatens to harm ARRAY TECHNOLOGY
SDN BHD's network or its operations, ARRAY TECHNOLOGY SDN BHD shall have
the right to refuse the Services with immediate effect.

6.3 The Customer undertakes, covenants and warrants:-

(a) that if it is a corporate body, it has the corporate power to enter into and perform
its obligations under this Agreement and has taken all necessary corporate actions to
authorize the entry into and performance of this Agreement;
(b) to comply with all notices and instructions issued, given or notified by ARRAY
TECHNOLOGY SDN BHD, from time to time in respect of the Use of the Services;
(c) to comply with the rules of any network through which the Customer gains access
to the Service;
(d) to be solely responsible for all information and/or data retrieved, stored or
transmitted by the Customer through the Use of the Services;
(e) to ensure that in Using the Service, all applicable laws, rules and regulations for
the use of any communications systems, service or equipment shall be complied with at
all times; and
(f) to fully co-operate at all times in any investigation on the wrongful Use of the
Services. In the event of failure by the Customer to co-operate, ARRAY TECHNOLOGY
SDN BHD shall have the right to refuse further Use of the Services to the Customer.

7. USE OF THE SERVICES

The Services shall not be Used in any other manner except for the Customer's
own Use. Any other Use requires the prior written permission of ARRAY
TECHNOLOGY SDN BHD. The Customer herein hereby agrees to Use the Services
only for lawful purposes, and in a manner which does not infringe the rights of, or restrict
or inhibit the Use and enjoyment of the Services by any other third party. Such restriction
or inhibition includes, without limitation, conduct which is unlawful, or which may
harass or cause distress or inconvenience to any person. The Customer shall be
responsible for and shall indemnify and hold harmless ARRAY TECHNOLOGY SDN
BHD, its related and affiliated corporations, and their respective agents and
representatives against any claim arising from any unlawful Use of the Services by the
Customer.


8. CUSTOMER's OBLIGATIONS AND RESTRICTIONS

8.1 The Customer shall be solely responsible for:-

(a) the installation, setting-up, suitability and configuration of its equipment
(including hardware and software) for access to the Services;
(b) obtaining, at its own cost, all licences, permits, consents, approvals and rights
(including without limitation intellectual property rights) as may be required to Use the
Services);
(c) obtaining at its own cost, a credit card necessary for Use of the Services;
(d) if the Customer is a company, corporate body, or society, the Customer shall be
responsible in obtaining any further (if any) licence, permits, consents and approvals for
such Customer to use the Service; and
(e) to register with the individual Payee(s) before the Services for that particular
Payee can be used by the Customer.

8.2 The Customer SHALL NOT Use the Services:-

(a) for any unlawful purpose including and without limitation, any criminal purpose;
(b) to infringe or facilitate infringement of any intellectual property rights of any
person;
(c) to introduce, assist or attempt to introduce any computer virus or any other
harmful component to ARRAY TECHNOLOGY SDN BHD's and/or the Payee's system;
and
(d) for purposes other than that as specified within this terms and conditions.

8.3 The Customer shall not assign or transfer any of its rights or obligations under this
Agreement to any other person without the prior written approval of ARRAY
TECHNOLOGY SDN BHD and shall also not sub-let, share, rent, lease, offer and/or
in any manner whatsoever transfer the Use of the Services to any other person without
the prior written approval of ARRAY TECHNOLOGY SDN BHD. The Services
shall be for the SOLE USE OF THE CUSTOMER ONLY.

8.4 The Customer shall be solely responsible for protecting the secrecy of all
information related to the Use of the Services and shall not reveal the same to any other
person. The Customer shall be solely liable for all Use which emanates from the
Customer which shall be deemed to have been undertaken by the Customer in all
situations, unless it can be conclusively shown by the Customer to have been a result of
unauthorized intrusion. The Customer shall notify ARRAY TECHNOLOGY SDN BHD
immediately if the Customer believes that any of its information has been, or is being
compromised.

8.5 The Customer hereby acknowledges and agrees that ARRAY TECHNOLOGY
SDN BHD makes no representations or warranties, express or implied, as to the
completeness, feasibility, reliability or effectiveness of the Service, or that the Service
shall be uninterrupted or error free, or that defects have been or will be corrected. The use
of any content or information received by the Customer from the utilization of the
Service is at the Customer's sole and absolute risk. ARRAY TECHNOLOGY SDN BHD
is not in any way responsible for the completeness, accuracy or quality of information
obtained through the Services provided herein.

8.6 The Customer hereby expressly agrees and understands that the Customer shall be
absolutely liable for all Charges imposed by the Payee.


9. BASIS OF AGREEMENT

The express consent, agreement and understanding of the Customer to the terms and
conditions herein contained shall form the basis upon which ARRAY TECHNOLOGY
SDN BHD has agreed to provide the Services to the Customer.

10. REFUSAL OF SERVICES BY ARRAY TECHNOLOGY SDN BHD

10.1 ARRAY TECHNOLOGY SDN BHD shall have the absolute and unfettered right
to refuse the Services to the Customer for whatsoever reason and ARRAY
TECHNOLOGY SDN BHD may delete or retain as it considers appropriate all data or
other information related to Remittance made by the Customer.

10.2 In addition to the above, ARRAY TECHNOLOGY SDN BHD may, at its sole
discretion refuse the Services to the Customer, or any part thereof, at any one time withou
prior notice to the Customer, if:-

(a) the Customer breaches or fails to comply with any of the terms and conditions of
this Agreement;
(b) the Customer fails to effect Remittance within the period specified by the Payee
and ARRAY TECHNOLOGY SDN BHD is instructed by the Payee to refuse the
Services;
(c) the Customer has provided false information to ARRAY TECHNOLOGY SDN
BHD;
(d) in ARRAY TECHNOLOGY SDN BHD's opinion, it is not in the public interest
to provide the Services to the Customer for any reason;
(e) in ARRAY TECHNOLOGY SDN BHD's sole opinion, the Customer's Use of the
Services has or is likely to be the cause of failures, interruptions, errors or defects in
ARRAY TECHNOLOGY SDN BHD's or any other person's system;
(f) in ARRAY TECHNOLOGY SDN BHD's sole opinion, such action are required
for the purposes of maintenance or repair work on ARRAY TECHNOLOGY SDN
BHD's system; or
(g) the Customer is declared bankrupt or the Customer becomes insolvent or enters
into voluntary or compulsory liquidation or passes effective resolution for winding up or
makes an arrangement or composition with its creditors or upon the appointment of a
receiver, manager or special administrator over the whole or substantially the whole of its
undertakings or if any distress or execution shall be threatened or levied upon any of its
equipment and/or other property.

10.3 In addition to and not in derogation to the aforementioned, ARRAY
TECHNOLOGY SDN BHD may, in its sole discretion take such actions as necessary to
correct, rectify, minimize or remove the breach or lack of compliance, with minimal
disruption to the Customer's Use of the Services.

11. INDEMNITY AND EXCLUSION OF LIABILITY

11.1 The Customer undertakes and agrees to indemnify, save and hold harmless
ARRAY TECHNOLOGY SDN BHD, its servants, agents and subcontractors at all times
against all actions, claims, proceedings, costs, losses and/or damages whatsoever,
including but not limited to libel, slander, infringement of intellectual property, death,
bodily injury or property damage howsoever arising which ARRAY TECHNOLOGY
SDN BHD, its servants, agents and subcontractors may sustain, incur or pay, or as the
case may be, which may be brought or established against ARRAY TECHNOLOGY
SDN BHD, its servants, agents and subcontractors by any person arising out of or in
connection with or by reason of the operation, provision or Use of the Services and/or
equipment under, by reason of or pursuant to this Agreement and which are attributable
to the act, omission or neglect of the Customers, his servants, agents or subcontractors.

11.2 In no event shall ARRAY TECHNOLOGY SDN BHD be liable to the Customer
or any other persons for any loss or damage including any loss of business opportunity,
consequential, indirect, special or incidental damages arising out of or in connection with
or by reason of the operation, provision or Use of the Services and/or for any refusal,
failure, disruption, downtime, interruption, miscalculation, incorrect linkage, delay in
activation or access, inaccuracy or other non-performance of the Services or for any loss
of information or otherwise. For the avoidance of doubt, ARRAY TECHNOLOGY SDN
BHD shall not be liable for any loss or corruption of the data and for any loss or damage
sustained by the Customer due to any deletion, theft, transmission delay, error, omission,
inaccuracies or otherwise with respect to any data.

11.3 Without limiting anything else herein contained, ARRAY TECHNOLOGY SDN
BHD shall not be liable to the Customer for the following:-

(a) For any errors in the connectivity, accuracy of information transmitted/received
vis-à-vis the MEPS infrastructure, the credit card company and the Payee.
(b) If there is any disputed transaction between the Customer, Payee and the credit
card company in a situation where the Customer had Used the Service (in his name or
otherwise) on behalf of a third party (which the Customer is expressly prohibited from
doing under the terms and conditions of this Service).
(c) In any dispute between the Customer, Payee and the credit card company, which
may or may not lead to a chargeback situation, it is the Customer's responsibility to deal
directly with those parties. ARRAY TECHNOLOGY SDN BHD shall not be liable to
involve itself or assist in such dispute.


12. VARIATION OF TERMS

ARRAY TECHNOLOGY SDN BHD reserves the right to amend, vary, add to or
delete the terms and conditions herein contained at any time and the Customers shall be
bound by the terms and conditions as amended, varied, added to or deleted. Notice of
the amendment or variation may be given by ARRAY TECHNOLOGY SDN BHD to
the Customer in the manner provided herein.


13. ASSIGNMENT

ARRAY TECHNOLOGY SDN BHD, but not the Customer, shall have the right to
assign all its right and obligations hereunder.

14. WAIVER

No failure by ARRAY TECHNOLOGY SDN BHD to insist upon the strict performance
of any terms and conditions herein contained in this Agreement nor any failure by
ARRAY TECHNOLOGY SDN BHD to exercise any right or remedy consequent upon
any such breach of any such term or conditions shall constitute a waiver by ARRAY
TECHNOLOGY SDN BHD of any such right or remedy. No such forbearance by
ARRAY TECHNOLOGY SDN BHD shall affect or alter this Agreement. Each and
every term and condition of this Agreement shall have full force and effect.

15. FORCE MAJEURE

ARRAY TECHNOLOGY SDN BHD shall not be liable for any breach of this
Agreement arising from causes beyond its control including but not limited to acts of
God, insurrection, civil disorder, failure of third parties to provide services as contracted,
war or military operations, national or local emergency, acts or omissions of government
or other governmental authorities, industrial disputes of any kind (whether or not
involving any of ARRAY TECHNOLOGY SDN BHD's employees), fire, lightning,
explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies
for whom ARRAY TECHNOLOGY SDN BHD is not responsible or any other cause
whether similar or dissimilar outside ARRAY TECHNOLOGY SDN BHD's control.

16. GOVERNING LAW

This Agreement shall be governed by the laws of Malaysia whose courts thereof shall be
the courts of competent jurisdiction.

17. SEVERABILITY

To the full extent possible, each provision of this Agreement shall be constructed
separately, independently and in such a fashion as to be effective and valid under
applicable law. If any provision is declared void, illegal or unenforceable by a court of
competent jurisdiction with respect to the Agreement or any particular circumstances,
such provisions shall remain in full force and effect in all other circumstances. If any
provision is declared entirely void, illegal or entirely unenforceable by a court of
competent jurisdiction, all other provisions of these terms and conditions shall remain in
full force and effect.

18. COSTS AND EXPENSES

In the event that ARRAY TECHNOLOGY SDN BHD is required to recover any sum
whatsoever from the Customer by way of litigation proceedings, the Customer shall be
liable to indemnify ARRAY TECHNOLOGY SDN BHD in respect of all costs and
expenses incurred by ARRAY TECHNOLOGY SDN BHD in the recovery of such sums.


19. PERSONAL INFORMATION

The Customer is aware that all information provided by the Customer to ARRAY
TECHNOLOGY SDN BHD is stored by ARRAY TECHNOLOGY SDN BHD in its
database systems for use by ARRAY TECHNOLOGY SDN BHD in a number of ways in
the furtherance of ARRAY TECHNOLOGY SDN BHD's business activities. This use
may for example include (but may not be limited to), the administration of the Services
provided hereunder, or the development of new services, and the Customer hereby
consents to the said compilation of information.


20. CONCLUSIVE EVIDENCE

A certificate issued and signed by any officer for the time being of ARRAY
TECHNOLOGY SDN BHD shall, save for manifest error, be binding upon the Customer
as to amounts owed by Customer to the Payee, and shall in the event of court proceedings
be deemed to be conclusive evidence as to amounts owed by the Customer to ARRAY
TECHNOLOGY SDN BHD.


21. PRIVACY STATEMENT

21.1 ARRAY TECHNOLOGY SDN BHD recognizes that the Customers are unique
with its own distinct preferences. ARRAY TECHNOLOGY SDN BHD's aim is to
provide the Customers with information and services which are most relevant to the
Customers. In order to achieve this, ARRAY TECHNOLOGY SDN BHD needs to
collect information to understand what differentiates one Customer from another.

21.2 Any information provided to ARRAY TECHNOLOGY SDN BHD when
registering for the Services is maintained and accessible only by ARRAY
TECHNOLOGY SDN BHD and its related or affiliated corporations. ARRAY
TECHNOLOGY SDN BHD may use this information to offer the Customers opportunity
to receive notices regarding other ARRAY TECHNOLOGY SDN BHD's product and
services. ARRAY TECHNOLOGY SDN BHD may also use this information to send
material to you for marketing purposes, but ARRAY TECHNOLOGY SDN BHD shall
take commercially reasonable steps to safeguard the information from unauthorized
access, and unless ARRAY TECHNOLOGY SDN BHD specifically disclose to the
Customer, ARRAY TECHNOLOGY SDN BHD shall not make the Customer specific
information that is gathered available to unaffiliated organizations for commercial
purposes unrelated to the business of ARRAY TECHNOLOGY SDN BHD and its
related or affiliated corporations.

21.3 The individually identifiable information that is provided by the Customer shall
be used extensively within ARRAY TECHNOLOGY SDN BHD and its related and
affiliated corporations to provide the Customers with personalized experience. Except as
described within this privacy statement, ARRAY TECHNOLOGY SDN BHD shall not
willfully disclose individually identifiable information about the Customers to anyone
outside ARRAY TECHNOLOGY SDN BHD and its related and affiliated corporations
without first receiving the Customer's consent, preventing this information from
appearing in unauthorized mailings and other solicitations.



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