You have chosen to activate Your access to PAYLATER APP. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING PAYLATER APP / PAYLATER SERVICES. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE PAYLATER APP AND/OR PAYLATER SERVICES. YOU UNDERSTAND AND AGREE THAT BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE “I ACCEPT” BUTTON, AND/OR USING ANY PART OF THE PAYLATER SERVICES PROVIDED BY OR THROUGH PAYLATER APP, YOU ARE AGREEING TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS IN THIS TERMS. IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS OF THIS TERMS, PLEASE DO NOT USE OR CONTINUE TO USE THE PAYLATER APP.

Further, by accessing PAYLATER SERVICES irrespective of whether access is via the internet, a mobile device or any other available electronic medium, or through utilizing and/or make use of PAYLATER mobile applications via Apple App Store (Apple Inc.) (iOS) or Google Play Store (“PAYLATER APP”), You agree to be bound by these terms and conditions without limitation or qualification. If You do not agree to these terms and conditions, please immediately discontinue Your use of the PAYLATER APP.

In this TERMS AND CONDITIONS, the first person (“We“, “Our“, “KALE“, “Ours“) denotes KALE (TECHNOLOGY) SDN. BHD., any subsidiary(s) or any associated company within the Group, as defined in Companies Act 2016 from time to time (all together as, “KALE”).

The second person (“You“, “Your“, “User”) denotes You as Our visitors and representatives and employees of You, where as an entity shall include Your subsidiary(s) or any and/or all of its subsidiaries connected to You, Your parent company or to any subsidiary(s) or, any associated company as defined in Companies Act 2016 from time to time or generally if a natural person shall mean the individual.

This Terms and Conditions are provided subject to all rules and policies of KALE, each published by the PAYLATER APP and as may be revised from time to time.

1. Enrolment
   1. Any person of legal age may enrol as a PAYLATER User through the PAYLATER APP, subject to KALE’s discretion to reject or accept Your enrolment. The activation of PAYLATER User Account may be conditional on verification of a PAYLATER User’s identity and/or its credit standing as approved by KALE and/or its approved independent third parties.

0. 2. You acknowledge that Your download and use of the PAYLATER APP on Your Mobile Device shall be on a non-exclusive and non-transferable basis and is subject always to Your agreement to the following additional conditions:
1. You shall not use the PAYLATER APP for any purpose other than to access Your own PAYLATER User Account by way of the PAYLATER Services on Your own Mobile Device;
2. You shall not permit or enable any person to access the PAYLATER APP or leave Your Mobile Device unattended in such a manner as to enable a person to access the PAYLATR APP;
3. You shall not download or install the PAYLATER APP into a Mobile Device that You do not own or have exclusive control;
4. You shall not reproduce, modify or reverse engineer the PAYLATER APP or permit another person to do so;
5. The PAYLATER APP is made available to You strictly on an “as is” basis, and to the extent as permitted under law and/or regulation, no warranty is made in relation to the PAYLATER App, including any warranty in relation to its merchantability, fitness for purpose, satisfactory quality or compliance with description, and all warranties which may be implied by law or custom are hereby excluded. In addition, You agree that KALE cannot ensure that the PAYLATER APP will be compatible or may be used in conjunction with any mobile device, and You agree that unless inconsistent with the other express provisions herein, You shall not hold KALE liable for any such incompatibility or for any loss or damage to any mobile device which may be caused by the PAYLATER App or the installation process.
6. The PAYLATER APP currently only works on certain compatible smartphones and other devices as determined by KALE. KALE may change the version of the operating system that works with the PAYLATER APP at any time at its sole discretion. Some features may not be available on all platform or operating systems.
7. You shall download the PAYLATER APP from authorised Apple App Store (Apple Inc.) (iOS), Google Play Store or other application stores that is approved by KALE.
8. Updates to the PAYLATER APP may be issued by KALE from time to time via the Apple App Store (Apple Inc.) (iOS) and Google Play Store or other application stores. Depending on the update, You may not be able to use the PAYLATER APP until You have downloaded the latest version of the PAYLATER APP and accept any new terms.
1. You shall not install or use the PAYLATER APP on a jail-broken or rooted device. Unauthorised modification to any mobile device’s operating systems (“jail-breaking or rooting”) or bypass of security features, can cause numerous issues to the hacked device.
10. KALE shall not be liable for any losses that is suffered or for any cost that You might incur due to damage or corrupted or failure of device, hardware, or software that You use in connection with the PAYLATER APP.

2. Your Account and Password
   1. When You use PAYLATER Services, You must comply with these Terms and any other applicable terms relating to PAYLATER Services.

1. 2. You agree that the use of PAYLATER Service by You constitute Your acceptance of these Terms as well as Your agreement to the inherent risks in conducting transactions over PAYLATER APP. KALE recommends that You store or print a copy of this Terms for Your records.

1. 3. All registration is completed with electronic-Know-Your-Customer (eKYC) and one-time verification with your mobile number.

0. 4. Upon activation of PAYLATER User Account:
1. If You choose, or You are provided with, a user identification code, password, Security PIN and a One-time Password (OTP) or any other piece of information as part of Our security procedures, You must treat such information as confidential. You must not disclose it to any third party.
2. We have the right to disable any User ID or password, whether chosen by You or allocated by KALE, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms.
3. If You know or suspect that anyone other than You know Your User ID or password, You must promptly notify KALE at enquiry@paylater.com.my.

0. 5. To access PAYLATER Services, and unless otherwise prescribed by KALE, each time You log on You will need to key in:
1. Your USER ID; and
2. Your Password.

1. 6. All your PAYLATER transactions are required to enter one-time “Security PIN” which you have pre-set during activation of your PAYLATER User Account.
   7. You may change Your password at any time, but any changes will be effective upon acceptance by KALE. NEVER SUPPLY YOUR PASSWORD TO ANYONE.

1. 8. You agree that KALE uses Your User ID and Password to identify You and acknowledge that You must keep both Your User ID and Password secure and a secret and take all reasonable steps to prevent unauthorised access and/or use including by your family members, friends and/or associates.

1. 9. Once You have logged on, You must not leave the PAYLATER APP or other devices from which You access the PAYLATER Services at any time or let anyone else use it until You have logged off. You are responsible for ensuring that You have logged off at the end of each session, failing which it is your responsibility if any arrear arises.

0. 10. You may use Your PAYLATER User Account:
1. only on Your behalf and for lawful and appropriate purposes.
2. You shall keep confidentiality and proper custody of Your User ID and Password of Your PAYLATER User Account assigned to You in connection with Your use of Your PAYLATER User Account.
3. You shall be solely responsible for maintaining the confidentiality of Your User ID and Password.
4. User ID and Password is unique to a single PAYLATER User Account.
5. You agree that You shall be solely responsible for any use of Your PAYLATER User Account (including without limitation issuing any instruction(s), accepting any rules and agreements) and for all activities/transactions that occur under / made through Your User ID and Password and/or PAYLATER User Account, and you shall be responsible for all and any arrear arises therefrom.
6. Any use of Your PAYLATER User Account will be deemed by KALE as having been fully authorized by You.
7. You shall not share, assign, or permit a third party (including your family members, friends and/or associates) to use Your PAYLATER User Account, User ID or Password.
8. You acknowledge that share usage of Your PAYLATER User Account with any third party may cause irreparable harm to KALE or other users of the PAYLATER Services, and agrees to indemnify KALE against any loss or damages suffered by KALE as a result of share usage of Your PAYLATER User Account.
1. If You fails to take necessary measures to maintain the security of Your PAYLATER User Account or prevent the risks of unauthorized access, KALE shall have the right to suspend Your PAYLATER User Account or terminate this Terms without any refund or compensation to You.

1. 11. You hereby undertake to notify KALE immediately of any unauthorized use of Your PAYLATER User Account, User ID or Password or any other breach of security.

1. 12. Any material downloaded or obtained through the use of the PAYLATER APP or PAYLATER Services is done at Your sole discretion and risk, and You are solely responsible for any damage to Your Mobile Device, computer system or loss of data that may result from the download of any such material.

1. 13. No advice or information, whether oral or written, obtained by You from KALE or through or from the agents or reseller of KALE shall create any warranty not expressly stated in this Terms.

1. 14. You agree not to hold KALE responsible for third parties’ content, actions or inactions.  If You use third parties’ services, software or products in connection with the PAYLATER Services, You further agree not to hold KALE responsible for such third parties’ services, software or products or for any loss or damages arising from Your failure to comply with this Terms.

1. 15. KALE will not be liable for any liabilities arising from the loss of Your User ID and/or Password.

1. 16. You agree that KALE has the right to invalidate, suspend or terminate Your PAYLATER User Account or Your right to access the PAYLATER Services at the sole discretion of KALE, if You breach any of the terms herein, or due to  any laws and/or regulations and/or to ensure or maintain the security of PAYLATER Services and its other users where KALE deems appropriate, and that You will not hold KALE liable for any loss or damage You may suffer as a result of such invalidation, suspension or termination of Your PAYLATER User Account.

1. 17. You must ensure that the information You provided to KALE in relation to Your PAYLATER User Account are true, complete and updated. In the event that there are any changes to Your information and details You shall notify KALE immediately.

1. 18. You acknowledge that KALE shall not be liable for and that You shall indemnify KALE for any loss or damage that may arise due to Your failure or delay to keep KALE updated as to any changes to Your information and details pertaining to You, Your PAYLATER User Account, or Your use of the PAYLATER Services.

1. 19. You may request to close your PAYLATER User Account at any time by contacting us at info@paylater.com.my. Your request may take up to thirty (30) calendar days to process. You remain liable for all obligations related to your PAYLATER User Account even after your PAYLATER User Account is closed. KALE will retain your information in accordance with our Privacy Policy: (available at https://paylater.com.my/privacy-policy/) and any applicable law, rule or regulation.

0. 20. Your request to close your PAYLATER User Account will be denied if:
1. any amounts due to us are unpaid. We may limit your ability to use your PAYLATER User Account;
2. you are subject to any investigation, in connection with or arising out of your use of PAYLATER Services; or
3. there are any outstanding disputes between you, us or any PAYLATER Merchants.

3. PAYLATER Services
   1. You agree and accept that the PAYLATER Services shall only be available for Mobile Device and data connections which meets the required specification and configuration as may be specified by KALE from time to time, and You agree to procure and maintain a Mobile Device and data connection which meets these requirements at Your own expenses. You agree and accept that data connection would mean that You will be charged by Your data connection provider, and KALE will not reimburse You for such data connection charges or use.

1. 2. The PAYLATER Services are offered to You free-of-charge for an unspecified time period unless suspended or terminated in accordance with the terms of this Terms.

1. 3. Your PAYLATER Services will not take effect unless and until You have activated Your Account.

1. 4. Upon activation of Your PAYLATER User Account, You shall be able to access the PAYLATER Services through PAYLATER APP by keying in Your User ID and Password, and Payment PIN.

0. 5. The PAYLATER Services has the following features (which may be modified, amended or suspended, from time to time at the sole discretion of KALE) (“Benefits”):
1. to access financing of PAYLATER Merchant’s invoice with You for instalment payments for Your purchase from the PAYLATER Merchant’s products and/or services provided always that You shall pay for the first instalment in order for the Transaction to be effected; and
2. any other services as may be added from time to time at the sole discretion of KALE;

1. 6. You acknowledge that there may be occasional downtime when KALE carries out maintenance over its systems. KALE will use reasonable effort to inform You of any product and/or services which are not available, from time to time.

1. 7. User guidance on the operation of the PAYLATER Services and/or PAYLATER APP shall be made available to You within the PAYLATER APP. You must follow all relevant user guide whenever You access the PAYLATER Services or operate the PAYLATER APP.

0. 8. You shall use the PAYLATER Services in strict compliance with:
1. the terms of this Terms;
2. any additional instructions issued in writing by KALE; and
3. all applicable laws, rules and regulations (collectively, “Laws”).

1. 9. When KALE introduces new products or services, KALE may notify You with such supplementary terms.

1. 10. You agree that KALE has the right to invalidate, suspend or terminate all or part of the above Benefits at any time in its sole discretion. KALE reserves the right to charge for the PAYLATER Services or any feature or functionality of the PAYLATER Services at any time in its sole discretion.

1. 11. You acknowledge and agree that KALE may, in its sole discretion, upgrade, modify, limit or suspend the PAYLATER Services (including the terms in this Terms or any of its related functionalities or applications at any time temporarily or permanently without prior notice, at any time and in any manner).

1. 12. KALE further reserves the right to introduce new features, functionalities or applications to the PAYLATER Services and/or PAYLATER APP or to future versions of the PAYLATER Services and/or PAYLATER APP. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Terms, unless otherwise stated by KALE.

4. Instruction
   1. You agree and accept that any instructions which You may issue shall at all times subject to such limit and conditions as may be fixed or specified by KALE from time to time at its sole discretion.

1. 2. By using the PAYLATER Services, You hereby authorize KALE to comply with all instruction(s) given by You, when You input Your User ID, Password and Payment PIN, as instruction(s) authorised by You, even if it may conflict with any other mandate given by You at any time concerning Your PAYLATER User Account. You agree that such instruction(s) shall be binding on yourself upon its transmission to KALE and the instruction(s) cannot be changed or withdrawn without KALE’s consent and that KALE is not obliged to check the authenticity of such instruction(s).

1. 3. When You give instruction(s) to KALE to effect transactions in relation to the PAYLATER Services, You agree, confirm and undertake that the details You have provided are accurate and complete.

0. 4. You agree that all instruction(s) transmitted by Your Mobile Device or otherwise issued by You, through PAYLATER APP are:
1. written documents and You agree not to dispute or challenge the validity or enforceability of any instruction(s) issued, on grounds that it is not a written document and You hereby waive any such right You may have at law;
2. original documents and You agree not to challenge the admissibility of any Instruction on the grounds that it is made in electronic form.
   5. Your earlier transaction can only be effected, if Your request is received and effected before the earlier instruction is executed.

1. 6. KALE reserves the right at its sole discretion to refuse to carry out any of Your instructions where Your instructions are inconsistent with KALE’s policy or laws or for any reasons.

1. 7. KALE shall not be liable for any failure, delay or shortcoming by any third party howsoever caused with whom You have accounts or otherwise when they are executing KALE’s instruction to them.

5. Transaction between PAYLATER User(s) and Merchant(s)
   1. You hereby agree to abide by the current procedure, requirements and terms of each PAYLATER Merchants in respect of the Transaction between You and the PAYLATER Merchant.

1. 2. Upon You allowing Your QR Code to be scanned by the PAYLATER Merchant and you keying in Your Payment Pin thereafter, You hereby give KALE instruction to pay the PAYLATER Merchant and You hereby also instruct and authorize KALE to debit Your banking account registered with KALE such sum as stated in the PAYLATER APP.

1. 3. You acknowledge that all transaction between You and the PAYLATER Merchant of whether “successful” or “not successful” depends upon You keying in Your Payment Pin. If no response is received from You, the status of the instruction by You for the PAYLATER Services shall remain “pending” until such time the response is received by KALE from You through You keying in Your Payment PIN.

1. 4. You accept that You will be responsible for the use and confidentiality of Your Payment PIN. You undertake to observe all security measures prescribed by KALE concerning Your Payment PIN.

1. 5. If You have any reason to believe that Your User ID, Password, Payment PIN or Mobile Device have been misused or security therein has been compromised, You shall inform KALE immediately.

1. 6. KALE will not be under any duty to assist in resolving any dispute You might have with any PAYLATER Merchant and You are to resolve the same directly with the relevant PAYLATER Merchant. Any requests from you for refunds, returns, replacement, or waivers of payments for successful transactions shall be subject to KALE’s sole discretion of approval and subject to any investigation, in connection with or arising out of your use of PAYLATER Services in accordance with our applicable refunds policy. In the event you would like to request for a refund, you are required to provide the following, Your PAYLATER User Account ID, Your Name as per NRIC; Your NRIC Number, your mobile number, your bank account number and bank details, a copy of your bank statement where the refund shall be remitted and supporting documents of the resolution of the dispute between you and the PAYLATER Merchant.

1. 7. Under no circumstances will KALE be liable for any delay or failure in the provision of confirmation of a successful or unsuccessful transaction. You acknowledge that KALE shall have the ultimate discretion and entitled to reject any transaction without liability and without obligation to provide reasons for such decision.

6. Payments
   1. Upon Your instruction issued by You through Your input of User ID, Password and Payment PIN to effect a transactions in the PAYLATER Services to Pay the PAYLATER Merchant, You hereby undertake to pay KALE the instalment payment promptly as agreed by You in the PAYLATER APP and hereby expressly consent to, authorize and instruct us, KALE, KALE TECHNOLOGY, PAYLATER, PAYLATER-ECOM and/or PAYLATER E-COMM, the Payment Gateway Provider and/or any third party payment processors or providers, to automatically charged to your preferred Payment Method and to initiate recurring debit card, or credit card and/or other types of payments (including to collect or reverse variable payment amounts) from or to your preferred Payment Method in your PAYLATER User Account, which KALE, the Payment Gateway Provider and/or any third party payment processors or providers will collect all instalment payments from You through your preferred Payment Method. Payment Gateway Provider shall include but is not limited to Curlec Sdn. Bhd., Curlec My-Recurring, and/or Curlec My-Ecom, and any other payment gateway provided as may be appointed by KALE at its sole discretion from time to time).

1. 2. You acknowledge that You are also subjected to the terms and condition of the financial institution that will remit such instalment payment to KALE for settlement of Your instalment payments, as provided to You through the PAYLATER Services.

1. 3. In the event that you stop any payment or request for a charge back from your Preferred Payment Gateway, after KALE, KALE TECHNOLOGY, PAYLATER, PAYLATER-ECOM and/or PAYLATER-ECOMM, the Payment Gateway Provider and/or any third party payment processors or providers has charged to your preferred Payment Method, KALE will deemed your instalments / outstanding as unpaid and KALE reserves the right to charge you multiple fees such as late fee, third-party collection fees, admin fees, professional fees, chargeback fees and any other relevant fees.

1. 4. If your PAYLATER User Account is subject to Suspension for late or rejected payments, you expressly consent to, authorize, and instruct us to charge your preferred Payment Method and/or any other designated debit card or credit card to collect the total of any missed instalment payments at any time after the due date of the missed instalment payments.

1. 5. You agree that we may appoint third party collection agencies to collect any amounts owing to us under this Agreement without further notice to you, of which KALE accepts no responsibility on the method of collection by these third party collection agencies and You are responsible for all fees charged by the third party, wherein You hereby agrees to pay all reasonable legal fees, collection and enforcement charges to the extent permissible by law, in addition to other amounts due.

1. 6. In addition, KALE reserve their rights to sell your debt to any third party upon notification to You and You are bound by any rules of such third party and are responsible for all fees charged by the third party.

1. 7. Further, in the event that your scheduled instalment is due more than ninety (90) days, KALE reserves the right to immediately list You under/in “Trade References” databases with CTOS DATA SYSTEMS SDN. BHD. (Company No. 19920101614/247651-H) (“CTOS”) databases and EXPERIAN INFORMATION SERVICES (MALAYSIA) SDN. BHD. (Company No. 200001029664/532271-T) (“EXPERIAN”) databases. KALE is not liable to any credit facilities which will not be granted to you in view of the information placed in CTOS and EXPERIAN.

1. 8. If you miss more than two (2) scheduled payments, we will consider you as “bad debt”, and you have broken our policies, where KALE is allowed to charge you “multiple fees” such as late fee, third-party collection fees, admin fees, professional fees, chargeback fees and so. All fees are calculated from your arrear respectively and it can be compound.

1. 9. You hereby expressly agree and waives all and any demand and presentment for payment, notice of non-payment, off-set, protest and notice of protest and agree to remain fully bound until all monies are paid in full.

1. 10. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE PROVISION OF PAYMENT THROUGH THE PAYLATER APP SHALL IN NO WAY BE CONSTRUED AS KALE PROVIDING THE PROVISION OF BANKING SERVICES, ACTING AS A TRUSTEE, FIDUCIARY OR ESCROW WITH RESPECT TO YOUR PAYMENTS AND IT DOES NOT HAVE CONTROL OF, NOR LIABILITY FOR, THE PRODUCTS AND/OR SERVICES THAT ARE SOLD AND/OR PROVIDED BY THE PAYLATER MERCHANT (S) AND THAT ARE PAID FOR BY YOU.

7. Transaction Record and Statements
   1. You hereby agree that it is Your responsibility to review the Transaction Records pertaining to Your use of the PAYLATER Services initiated on Your instruction in a timely manner and on a regular basis.

1. 2. If You have any reason to believe that any Transaction Records has not been accurately or completely recorded by KALE, You shall officially inform KALE by any means forthwith and without delay.

1. 3. Statements for Your PAYLATER User Account are provided in electronic form and only to account that has been activated. It is an electronic version of paper statement. It is provided to You in an electronic form periodically in accordance with the applicable statement cycle and accessible through the PAYLATER APP and You may print or email the same to You as allowed by the PAYLATER APP.

1. 4. You acknowledge that KALE will not provide You a statement in paper format, and it is Your duty to check and print Your statement through the PAYLATER App.

1. 5. You may need a pdf software to read, view or print the statement. KALE is under no obligation to provide You with the pdf software. You shall obtain such software on Your own and You are to comply with the conditions of the pdf software provider, and KALE is not liable to Your use of the pdf software.

8. Information
   1. Certain functions such as uploading content to the PAYLATER APP will require access to information on Your Mobile Device to work. By using such functions, You permit KALE, PAYLATER APP to access Your Mobile Devices and or information.

1. 2. KALE may use cookies and similar technologies (“Cookies”) to perform authentication when You use the PAYLATER APP and to improve Your experience on the PAYLATER APP. By using the PAYLATER APP, You accept the use of Cookies by KALE. KALE may use these Cookies to collect information about Your use of the PAYLATER APP. This information helps KALE to improve the PAYLATER APP’s performance and to develop and tailor KALE’s product and service for You and other users.

1. 3. Certain functions of the PAYLATER APP require data of Your location, which data will be sent from Your Mobile Devices. You can turn off this function at any time by turning off the location services setting for the PAYLATER APP on You Mobile Device. If You use these services, You shall be deemed to give consent to KALE and KALE’s partner and licensee transmission, collection, maintenance, processing and use of Your location data and queries to provide and improve location-based services. You may withdraw this consent at any time by turning off the location services settings on Your Mobile Device.

1. 4. You understand that while KALE will use its best endeavour to ensure that all information transmitted using the PAYLATER APP is secure and cannot be accessed by unauthorized third parties, KALE does not warrant the security of any information transmitted or received by You using the PAYLATER APP.

9. Disclosure of Information
   1. KALE and each of its affiliate agrees not to disclose to third party any financial information You have provided or which KALE or its affiliates has obtained through Your use of PAYLATER Services, unless it is to: –

1. Comply with laws and regulations or appropriate government agency or court orders or requests;
2. Verify the existence and condition of Your PAYLATER User Account;
3. Verify the existence and condition of You banking account registered with KALE through the PAYALTER APP;
4. Complete a transaction as instructed by You;
5. Provide services to You; or
6. With Your permission.

10. Representations, Covenants and Warranties
    1. You represent, covenants, undertake and warrant to KALE to: –

1. provide true, accurate, current and complete information about yourself as may be required by KALE;
2. maintain and promptly amend all information to keep it true, accurate, current and complete to the extent permitted under applicable laws;
3. You have the full power and authority to enter into this Terms, to grant the license and authorization and to perform Your obligations hereunder and constitute a valid and binding agreement, enforceable against You in accordance with the terms of this Terms;
4. You will not carry on any activities on the PAYLATER APP or use the PAYLATER Services except as expressly permitted by this Terms and applicable Laws (as defined in below);
5. You will not use Your PAYLATER APP and/or the PAYLATER Services to defraud others or engage in other unlawful activities;
6. You have not previously been, nor is currently, prohibited by any local, state, federal or foreign agency from taking part in the PAYLATER Services;
7. All of the information, data and other materials provided by You are lawful, accurate and truthful in all respects true, and are not false, misleading or deceptive;
8. You will not impersonate any person or entity, or misrepresent yourself or Your affiliation with any person or entity;
1. All of the information, data and other materials provided by You do not contain information that is defamatory, libellous, threatening or harassing, obscene or sexually explicit or harmful to minors;
10. All of the information, data and other materials provided by You do not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
11. All of the information about or posted on behalf of any business referee, has obtained all necessary consents, approvals and waivers from Your business partners and associates (a) to act as Your business referee; (b) to post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made by You;
50. You shall conduct all activities on the PAYLATER APP in accordance with all applicable Laws and regulations and commonly accepted commercial practices;
1000. You shall conduct Your business affairs with integrity and in an ethical manner; and/or
14. You shall be solely liable for the information or instruction(s) submitted by You.

0. 2. You hereby represents, warrants and agrees that the use by You of the PAYLATER Services and the PAYLATER APP, You shall not: –
1. Require KALE to actively monitor nor exercise any control whatsoever over the information created, obtained or accessible through the PAYLATER Services. You are solely responsible for Your instruction(s) and may be held legally liable or accountable for the instruction(s) or information that You have provided in the PAYLATER APP;
2. Provide information that contains fraudulent information and/or is prohibited by applicable law, or other illegal;
3. Be part of a scheme to defraud other or for any other unlawful purpose;
4. Impersonate any person or entity, misrepresent yourself or Your affiliation with any person or entity;
5. Violate any applicable law, statute, ordinance or regulation;
6. Involve attempts to copy, reproduce, exploit or expropriate KALE’s various proprietary directories, databases and listings;
7. Involve any computer or application viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
8. Involve any scheme to undermine the integrity of the computer or application systems or networks used by KALE and/or any user of the PAYLATER Services; or
1. Otherwise create any liability for KALE or its affiliates.

0. 3. You agree and undertake that You will not: –
1. copy, reproduce, exploit or expropriate KALE’s various proprietary directories, databases and listings;
2. use or distribute any computer or application viruses or other destructive devices and codes that may harm, interfere with, intercept or expropriate any software or hardware system, data or personal information; or
3. gain or attempt to gain unauthorized access to the computer or application systems or networks used by KALE and/or any user or engage in any other activities that may harm the integrity of such computer systems or networks.

11. Intellectual Property Rights
    1. As between KALE and You (collectively, “Parties”), KALE owns and will retain ownership of all rights, title and interest in and to: –
    2. Neither the terms in this Terms nor any disclosure made hereunder grant any license to You under any KALE IP. KALE hereby reserves all rights title and interest in relation to any related or a result of the KALE IP not otherwise claimed under this Terms are hereby reserved.

12. Privacy Policy
    1. A copy of KALE’s policy that applies to the collection, use, disclosure and other processing of personal information (as that term is used in the Privacy Policy) can be viewed at https://paylater.com.my/pdpa/ (“Privacy Policy“). KALE may update the Privacy Policy from time to time, in its sole discretion, and post an updated version of the same at PAYLATER APP.

13. Suspension and Termination
    1. If any of the following event occurs, KALE shall have the right to terminate this Terms immediately at such time deemed appropriate by KALE acting in its sole discretion without liability to You: –

1. KALE has reasonable grounds to believe that You have uses the PAYLATER Services for any fraudulent or other unlawful purpose;
2. KALE has reasonable grounds to believe that You have used a stolen credit card, stolen Mobile Device, jail-broken Mobile Device or provided any false or misleading information,
3. You have assigned or transfer part or all of Your rights and obligations under this Terms to a third party (including multiple use of Your PAYLATER User Account) without KALE’s prior written consent;
4. You are involved in any scheme or activities to undermine the integrity or normal operation of any mobile application, computer systems or networks (including gaining unauthorized access to the systems, stealing, modifying or deleting the information of other Users);
5. You are in breach of any of Your representations, warranties and undertakings in this Terms;
6. You have failed to rectify any breach of this Terms other than those under para (a)-(e) hereof within 10 working days of being notified by KALE of such breach;
7. You have committed breaches other than those under para (a)–(e) hereof for 3 or more times; or
8. You are insolvent or bankrupt, wound up, or becomes the subject of any voluntary or involuntary proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors or similar proceeding.

0. 2. If any of the above event occurs, KALE shall have the right in its sole discretion as KALE deems appropriate to: –
1. Terminate this Terms and Your PAYLATER User Account; and/or
2. Suspend the PAYLATER Services and Your PAYLATER User Account without any compensation and restrict or refuse any and all current or future use of the PAYLATER Services or any other services that may be provided by KALE to You.

0. 3. If this Terms is terminated, KALE shall: –
1. have the right to refuse any and all current or future use by You of the PAYLATER Services or any other services that may be provided by KALE.
2. have the right to refuse any new application as PAYLATER User or program or services in future.

1. 4. It is Your sole obligation to inform and update KALE of Your valid and legally permissible banking account for remittance of any funds payable by You under this Terms. KALE shall not be responsible for any incomplete or inaccurate information provided by You.

1. 5. Notwithstanding the expiration or earlier termination of this Terms, the following sections of this Terms shall survive any such expiration or termination: Sections 8-15.

14. KALE Rights and Liabilities
    1. If any of Your activities in KALE’s reasonable opinion, are in violation of any applicable laws and regulations or a third party’s legitimate rights, the terms of this Terms or may otherwise subject KALE or its affiliates to liability, KALE may, at its option, limit or suspend the provision of Your PAYLATER User Account or Benefits or PAYLATER Services to You or any part thereof.

1. 2. KALE reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted under applicable laws and policies, KALE may disclose Your identity and contact information and/or information regarding Your banking account(s), transactions or activities carried out by You or through Your PAYLATER User Account, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.

1. 3. KALE shall not be liable for damages or results thereof, and You agree not to bring any action or claim against KALE for such disclosure.

1. 4. THE LIABILITY OF KALE, KALE’S AFFILIATES, AND THEIR EMPLOYEES, AGENTS AND REPRESENTATIVES OR ANYONE ACTING ON THEIR BEHALF OR KALE RESPECTIVE CONTRACTORS OR CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, EQUITY OR UNIT HOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “KALE GROUP”), ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR NON-PERFORMANCE BY THE KALE GROUP OF THE PAYLATER SERVICES, THE PAYLATER  APP AND/OR ITS OBLIGATIONS UNDER THE TERMS IN THIS TERMS SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES INCURRED BY YOU FOR EACH EVENT THAT IS THE SUBJECT MATTER OF A CLAIM OR CAUSE OF ACTION.

1. 5. THE KALE GROUP SHALL NOT, IN ANY EVENT, BE LIABLE TO ANY PERSON OR THIRD PARTIES FOR DAMAGES THAT CONSTITUTE (1) LOSS OF INTEREST, PROFIT OR REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF DATA OF THE CLAIMING PARTY, OR (2) INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, MULTIPLE OR INDIRECT DAMAGES SUFFERED BY THE CLAIMING PARTY, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWSIE, ARISING FROM THE USE OR INABILITY TO USE OF THE SERVICES WHOLLY OR PARTIALLY FOR WHATEVER REASON. EVEN IF KALE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE.

1. 6. IN ANY SUCH EVENT, THE AGGREGATE LIABILITY OF THE KALE GROUP FOR DIRECT DAMAGES FOR ALL SUCH CLAIMS SHALL NOT EXCEED [RM300.00] BY ANY ONE PAYLATER USER.

1. 7. EXCEPT AS EXPRESSLY PROVIDED IN THIS TERMS AND TO THE FULL EXTENT PERMITTED BY LAW THE PAYLATER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND KALE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, LOSS OF DATA, SOFTWARE, EQUIPMENT, NETWEORK ACCESS, MOBILE DEVICE OR OTHER EQUIPMENT USED TO ACCESS THE PAYLATER SERVICES OR PAYLATER APP, LOSS OF OR ERROR IN ANY DATA OR INFORMATION, ANY UNAUTHORISED USE OF PAYLATER SERVICES OR PAYLATER APP AND/OR INTRUSION, INTEFERENCE OR ATTACK ON PAYLATER APP OR PAYLATER SERVICES BY ANY PERSON, VIRUS, TORJAN HORSE, WORM, MACRO OR OTHER HARMFUL COMPONENTS OR DELETERIOUS PROGRAMS OR FILES.  ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.  IF KALE BREACHES THE WARRARNTY HEREUNDER, KALE SHALL RE-PERFORM THE AFFECTED PART OF THE SERVICES.  TO THE FULL EXTENT PERMITTED BY LAW, THE REMEDY UNDER THIS CLAUSE SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF KALE’S WARRANTIES UNDER THIS TERMS.

1. 8. ALL CLAIMS ARISING FROM THE USE OF THE PAYLATER SERVICES AND/OR THE PAYLATER APP MUST BE FILED WITHIN SIX (6) MONTHS FROM THE DATE THE CAUSE OF ACTION AROSE

15. Disclaimer
    1. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS TERMS, KALE MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING

1. THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE PAYLATER SERVICES OR PAYLATER APP, OR ANY SERVICES, SOFTWARE, HARDWARE, DELIVERABLES, WORK PRODUCT OR OTHER MATERIALS RELATED TO THE SERVICES;
2. VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE PAYLATER APP, ALTHOUGH KALE SHALL HAVE THE RIGHT, BUT SHALL NOT BE OBLIGED, TO MONITOR OR EXAMINE SUCH INFORMATION OR MATERIALS.

16. Indemnities and Remedies
    1. You shall indemnify and hold harmless KALE on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including legal cost and expert fee cost on a full indemnity basis), incurred by KALE Group, and shall defend the KALE Group against (1) all claims that any information, data or other materials provided by You, that infringes, misappropriates or otherwise violates any law; (2) all claims arising from fraud committed by, or the intentional misconduct or gross negligence of, by You; and (3) all claims otherwise arising due to a failure to comply or breach by You of any term in this Terms.

1. 2. KALE reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You shall cooperate with KALE in asserting any available defences.

1. 3. You agree not to hold KALE responsible for third parties’ content, actions or inactions.  If You use third parties’ services, software or products in connection with the PAYLATER Services or the PAYLATER APP, You further agree not to hold KALE responsible for such third parties’ services, software or products.

1. 4. At its option, KALE may seek all remedies available to it in law and in equity, including injunctive relief in the form of specific performance to enforce any of the terms in this Terms and/or actions for damages.
2. Dispute Resolution under the terms of this Terms
   1. If a dispute arises under the terms of this Terms, such dispute shall be resolved, by a final and binding arbitration administered by the Asian International Arbitration Centre (AIAC) in Kuala Lumpur, Malaysia. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. ACCORDINGLY, YOU ACKNOWLEDGES THAT YOU MAY NOT HAVE ACCESS TO A COURT. Notwithstanding any other provision of this Terms, KALE may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described in this Section would permit or cause irreparable injury to KALE or any third party claiming against KALE, due to delay arising out of such dispute resolution procedures.
3. General
   1. Taxes: You shall be responsible for all taxes imposed on any consideration for any provision of the PAYLATER Services.
4. 2. Entire Agreement: This Terms constitute the entire agreement of the Parties with regard to the PAYLATER Services, PAYLATER APP and all matters addressed herein, and all prior agreements, letters, proposals, discussions and other documents regarding the PAYLATER Services, PAYLATER APP and the matters herein whether oral or in writing are superseded.
5. 3. Force Majeure: KALE will not be held liable and shall be excused from performance under this Terms for any period that KALE is prevented from or delayed in performing any obligations pursuant to this Terms, whether directly or indirectly, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions, epidemic, pandemic or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders, disturbances or rebellion governmental actions, orders of domestic or foreign courts or tribunals; (3) internet failures, computer, telecommunications or any other equipment failures, electrical power failures (4) quarantines or embargoes, (5) strikes, labour disputes or shortages of labour or materials; or (6) other causes beyond the reasonable control of KALE.
6. 4. Severability: If any provision of this Terms shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the Parties’ original intentions as nearly as possible in accordance with applicable Law(s).

1. 5. Assignment: KALE shall have the right to assign this Terms (including all of its rights, titles, benefits, interests, and obligations and duties in this Terms) to any person or entity (including any affiliates of KALE). You may not assign any of Your rights, benefits or obligations under this Terms, in whole or in part, without the prior written consent of KALE, which may be withheld at KALE’s sole discretion. Any attempted assignment by You that does not comply with the terms of this Section shall be null and void, and KALE has the right to terminate or suspend Your PAYLATER User Account and/or the PAYLATER Services to You.
2. 6. Waiver: Any failure by KALE to exercise any of its rights under this Terms shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach.  A waiver shall be effective only if made in writing.
3. 7. Governing Law: All rights and obligations relating to this Terms shall be governed by and construed in accordance with the Law of Malaysia. The Parties to this Terms hereby submit to the exclusive jurisdiction of the courts of Malaysia.
4. 8. Notices: All notices from KALE intended for receipt by You shall be deemed delivered and effective when sent to the email address provided by You during Your sign-up process. If You changes Your email address, You must update the email address on the “Your PAYLATER User Account”.

If You have a question regarding using the PAYLATER APP, You may contact KALE Customer Support by sending an e-mail to enquiry@paylater.com.my or calling our Customer Support number at +60 14-386 8910. You acknowledge that the provision of customer support is at KALE’s sole discretion and that we have no obligation to provide You with customer support of any kind. We may provide You with customer support from time to time, at our sole discretion.