Product Disclosure

THESE TERMS AND CONDITIONS GOVERN THE USE OF CIDB BAYO PREPAID CARD PROVIDED BY BAYO PAY (M) SDN BHD (HEREINFATER REFERRED TO AS “BPSB”).THESE TERMS AND CONDITIONS SHALL BE MADE KNOWN TO THE CUSTOMER AT THE TIME OF APPLICATION, REGISTRATION FOR AND/OR AT THE TIME OF DELIVERY OF THE CIDB BAYO PREPAID CARD. BY ACKNOWLEDGING OF THE RECEIPT AND/OR USE OF THE CIDB BAYO PREPAID CARD IN SUCH FORM AND/OR MANNER AS DETERMINED BY BPSB, THE CUSTOMER IS ACCEPTING THESE TERMS AND CONDITIONS AND AGREES TO BE BOUND BY THIS AGREEMENT. BPSB RESERVES THE RIGHT TO MODIFY THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE TO THE CUSTOMER. IF THE CUSTOMER DOES NOT UNDERSTAND ANY OF THE TERMS AND CONDITIONS, THE CUSTOMER MAY CONTACT BPSB CUSTOMER SERVICE FOR CLARIFICATIONS.

1   DEFINITIONS

Account	means a BPSB prepaid account assigned to a Customer which is linked to the Payment Instruments held by Customer where funds are stored and payments for purchases of goods and services effected by the use of CIDB Bayo Prepaid Card by the Customer and all fees and/or charges are debited.
Authorized Merchant	means any retail or other person, firm or corporation which pursuant to a merchant agreement, agrees to accept or cause its outlets to accept CIDB Bayo Prepaid Card when properly presented.
Biller(s)	means the list of billing services made available in the Construx Mobile Wallet App to the Customer for the payment of bills.
BPSB	means Bayo Pay (M) Sdn Bhd (Registration Number: 1191346-P)
BPSB’s Website	means this website located at URL: https://bayo.my
Business Day	means a day in which BPSB is open for business.
Charges	means all fees, charges, commissions, costs, taxes and expenses required to be paid by the Customer under the Terms and Conditions to BPSB from time to time.
“CIDB Bayo Prepaid Card” and “Payment Instrument”	means payment mode in the form of physical Prepaid Card, Mobile Wallet or online virtual Prepaid Card issued by BPSB with BPSB services governed by these Terms and Conditions.
Construx Mobile Wallet App	means a mobile wallet is a way to carry the CIDB Bayo Prepaid Card information in a secure digital form on the Customer’s mobile device.
Construx Payroll	means salary crediting platform which allows the convenient payment of employee salaries to be credited into employee’s Account maintained with BPSB.
Construx Web Portal	means the website that serves as a main entry point for Users to get access to information on CIDB Bayo Prepaid Card.
Customer	means the person to whom the CIDB Bayo Prepaid Card is issued and registered.
Mobile Wallet	means payment option which is performed via a mobile device where the mobile wallet’s monetary value is maintained on the BPSB system.
“Partner” or “BPSB’s Partner”	means a partner that collaborates with BPSB to sign up BPSB’s Customers and distribute CIDB Bayo Prepaid Cards.
PIN	means the Personal Identification Number provided by BPSB to the Customer for the use in conjunction with the CIDB Bayo Prepaid Card.
Prepaid Card	means EMV compliant chip card where the card's monetary value is maintained on the BPSB system.
Product	means any goods or merchandise provided by the Authorised Merchant.
Reload	means the transaction of adding monetary value to the Account.
Service	means any services provided by BPSB to facilitate payment by the Customer, using any BPSB payment instrument as mode of payment.
Stored Value	means amount in the Account that is available for Transactions using the CIDB Bayo Prepaid Card.
Stored Value Currency	means currency in Ringgit Malaysia (RM).
Transaction	means all transactions effected through the use of the CIDB Bayo Prepaid Card.
Virtual Prepaid Card	means online payment option which is accepted online via Construx Web Portal and/or Construx Mobile Wallet App and its monetary value is maintained on the BPSB system.

2  REGISTRATION, ELIGIBILITY AND ISSUANCE

2.1   Application may be done online (via BPSB’s Web Portal or BPSB Mobile App) or through BPSB business partner.

2.2  A Customer who submits the application online and requests for a Prepaid Card will be required to wait for BPSB to courier the CIDB Bayo Prepaid Card to the Customer’s registered address.

2.3   To register for the CIDB Bayo Prepaid Card, the Customer must be at least eighteen (18) years of age. Anyone below eighteen (18) years old may still register subject to their parent’s or legal guardian’s written consent to the application for the CIDB Bayo Prepaid Card.

2.4  For the purpose of conducting BPSB's business (including relevant online services), BPSB may collect from the Customer and hold some or all of the personal data such as, but not limited to, the following to enable BPSB to provide service to the Customer:

(a)   Name as per identification document;

(b)   Gender;

(c)   Contact details including address, telephone number and email address;

(d)   Information for the verification of identity, including identification document type and identification number;

(e)   Age and date of birth.

(f)   Occupation

2.5  The Customer is required to provide true, correct and complete personal details. BPSB shall not be liable for any implication that may arise as a result of any mistake or erroneous information in the Customer’s application details.

2.6   In the event BPSB finds that the Customer has created a forged application or used forged data in the Customer’s application for the CIDB Bayo Prepaid Card, BPSB shall at any time be entitled to immediately block, cancel or terminate the Customer’s application or the Customer’s CIDB Bayo Prepaid Card (as the case may be) without any prior notice to Customer and BPSB shall be entitled to retain any balances of funds in the Customer’s Account and BPSB shall not be held liable for any loss or damage suffered by the Customer for the same. BPSB shall further be entitled to take any action against the Customer as may be deemed necessary or as may be required under governing laws or by the relevant governing authorities.

2.7  BPSB reserves the right to refuse and reject any application for the CIDB Bayo Prepaid Card and/or decline to issue a CIDB Bayo Prepaid Card at BPSB’sole and absolute discretion without assigning any reasons whatsoever, and BPSB’s decision shall be final and conclusive.

2.8   One Customer is allowed to have multiple Accounts which may consist of BPSB Prepaid Card, BPSB Mobile Wallet and BPSB Virtual Prepaid Account. Ownership of these Accounts are not transferrable.

3   USE OF THE CARD

3.1   The CIDB Bayo Prepaid Card shall at all times remain the property of BPSB and the Customer shall not transfer the CIDB Bayo Prepaid Card to any other person without the approval of BPSB in writing. BPSB may also impose such terms and conditions as BPSB deems fit at its absolute discretion.

3.2  The Customer shall:

(a) take reasonable care of the CIDB Bayo Prepaid Card and mobile device to prevent loss, theft, damage and/or tampering;

(b) immediately notify BPSB in the event of loss, theft, unauthorized use and/or tampering. The Customer shall remain liable for all loss and damage incurred by BPSB in these events;

(c) not use CIDB Bayo Prepaid Cards for illegal and/or unlawful activities or allow another to use the Account for illegal and/or unlawful activities;

(d) not tamper with, reverse-engineer or copy, or allow another to do the same, to the CIDB Bayo Prepaid Card;

(e) maintain adequate security and control of any and all IDs, passwords, PINs, or any other codes that is used to access the BPSB Services;

(f) comply to with all requirements, directions, instructions and guidelines for the use of the CIDB Bayo Prepaid Card as communicated to the Customer from time to time;

(g) use the CIDB Bayo Prepaid Card at Authorized Merchants based on the remaining Stored Value of the Account;

(h) be liable for all charges whatsoever arising from all transactions, whether authorized or unauthorized, effected with the CIDB Bayo Prepaid Card;

(i) notify BPSB promptly in writing of any changes in the Customer’s personal information.

3.3   BPSB is under no obligation to replace or compensate the Customer for lost, stolen,damaged, faulty, tampered and/or unauthorized Reload.

3.4  BPSB shall not be liable for any act, refusal and/or omission by any Authorized Merchants to accept the CIDB Bayo Prepaid Card nor shall BPSB be liable for any defect or deficiency in any of the Services provided by any Authorized Merchant.

3.5  BPSB may at its sole discretion cancel, suspend, revoke or restrict the Services of CIDB Bayo Prepaid Card without prior notice and/or compensation to the Customer upon the occurrence of any one of the following events:

(a) use of the CIDB Bayo Prepaid Card for any fraudulent, illegal and/or unlawful purpose including but not limited to breach of legislation, regulation and/or guidelines under the Financial Service Act 2013 (FSA) and/or Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLA);

(b) any technical failure in the Service network;

(c) breach of any Terms and Conditions contained herein by the Customer;

(d) use of invalid CIDB Bayo Prepaid Card;

(e) any act or omission of the Customer which may in the opinion of BPSB cause damage or interruption to the Service.

Upon cancellation, suspension, revocation, or restriction of the CIDB Bayo Prepaid Card due to any of the above events, BPSB shall retain any and all monies for an indefinite period of time in accordance with applicable legislation, regulation and/or guidelines. The Customer shall not be entitled to obtain any refund on the Stored Value of the Account and claim compensation for any loss arising.

3.6   BPSB shall at its sole discretion cancel, cease or suspend the Services or CIDB Bayo Prepaid Card with reasonable notice prior or pursuant to any activities in respect of the upgrading, modification and/or maintenance of the Service or CIDB Bayo Prepaid Card.

3.7  The Customer acknowledges that the Authorised Merchants shall at all times be liable and responsible for all goods and services sold/provided to the Customer. By receiving the Authorised Merchants’ goods and services, the Customer agrees to abide by the terms and conditions applicable to the goods and/or services offered by the Authorised Merchant to the Customer.

3.8   The Customer must ensure that there are sufficient funds in the Account to pay for each Transaction including the applicable fees and charges imposed for the Transaction (if any). If the Stored Value balance is insufficient, the Transaction will be declined.

3.9  Preauthorisation hold is a process where BPSB’s system automatically withhold a preauthorisation amount from the Stored Value. It may apply to petrol kiosks, hotel, cruise and car rental. This preauthorised amount shall be released once BPSB receives claim on actual amount from the acquiring bank.

3.10  The maximum Stored Value in an Account is Ringgit Malaysia Ten Thousand (RM10,000.00) only or any amount may be determined by BPSB.

4   FEES AND CHARGES

The Customer agrees to pay and authorises BPSB to debit his/her Account for the following fees and charges:

(a)   Any fees and charges applicable for the CIDB Bayo Prepaid Card and Services:

   i. full details of all applicable fees and charges relating to the CIDB Bayo Prepaid Card and Services are posted to BPSB’s website; and

   ii. the fees or charges may be subjected to changes from time to time at the sole discretion of BPSB with such changes posted to BPSB’s website;

(b)   Legal fees and other expenses incurred by BPSB in the enforcement of BPSB’s right and entitlement under these Terms and Conditions and the recovery of monies owed by the Customer to BPSB under his/her Accounts;

(c)   any other reasonable fees and charges imposed by BPSB for service rendered to the Customer.

5   OVERSEAS TRANSACTIONS AND FOREIGN CHARGES

5.1   The Customer may use the CIDB Bayo Prepaid Card at Authorised Merchants outside Malaysia.

5.2   Any Transaction performed otherwise than in the Stored Value Currency shall be converted into the Stored Value Currency at such exchange rate as may be determined by BPSB at its sole discretion. A conversion fee which shall be determined by BPSB from time to time will be added to the converted amount.

5.3   The Customer shall authorise BPSB to take such step to comply with the relevant Exchange Control Regulation issued by Bank Negara Malaysia in respect of any overseas Transactions.

6   CARD ACTIVATION

6.1   The Customer must first activate CIDB Bayo Prepaid Card before its usage or reload money onto the CIDB Bayo Prepaid Card. Activation or reload money can be done via Construx Portal or Construx Mobile Wallet App

6.2   To activate CIDB Bayo Prepaid Card, the Customer must register as User of BPSB Construx Web Portal and/or Construx Mobile Wallet App User. Once registration is successful, User may activate the card and create PIN.

6.3   The Customer is advised to change the PIN regularly in Construx Web Portal and/or Construx Mobile Wallet App.

7   TERMINATION OF CIDB BAYO PREPAID CARD/ACCOUNT

7.1  BPSB reserves the right, at its sole and absolute discretion, to invalidate, cancel and/or terminate the CIDB Bayo Prepaid Card and/or Account, or to suspend and/or restrict the usage of the CIDB Bayo Prepaid Card at any given time, without having to give notice or assign any reason whatsoever to the Customer, with immediate effect from the date of notice of termination.

7.2  The Customer hereby agrees to release BPSB from any liability and to indemnify BPSB and hold it harmless against any claims or demands whatsoever arising directly or indirectly from the suspension of, withdrawal of, or refusal to effect any Transaction on CIDB Bayo Prepaid Card including any purported claim for defamation or any losses whatsoever.

7.3  Upon the termination of the CIDB Bayo Prepaid Card and/or Account, all monies owing to BPSB under the CIDB Bayo Prepaid Card and/or Account shall become payable immediately.

8   LOSS OR THEFT OF PAYMENT INSTRUMENT

8.1  In the event of loss or theft of the Customer’s mobile device or Prepaid Card, the Customer must notify BPSB immediately. All lost or stolen CIDB Bayo Prepaid Card may only be invalidated by BPSB upon the:

 (a) verbal (telephone) notification by the Customer with BPSB’s authorised officer (“verbal notification”); or

 (b) written notification addressed to BPSB via letter and transmitted by hand/mail / fax (“written notification”).

8.2  BPSB is only able to deactivate the CIDB Bayo Prepaid Card upon receipt of proper notice of loss or theft. BPSB will not be liable for any losses, damages, and unauthorised transactions where the Customer fails to properly notify BPSB of the loss or theft.

8.3  As a matter of prudence, BPSB advises the Customer to lodge a police report immediately as soon as possible to substantiate the Customer’s claim of loss or theft of CIDB Bayo Prepaid Card. BPSB may at its own discretion on a case to case basis ask the Customer for a copy of the police report confirming the incident. BPSB shall not be responsible or be held liable for any disputes or losses suffered by the Customer in relation to any transactions incurred from unauthorised usage of the CIDB Bayo Prepaid Card, if the Customer is unable to provide a copy of the police report when requested by BPSB.

8.4  The Customer shall be and remains liable for all transactions incurred from unauthorised usage of the CIDB Bayo Prepaid Card, where investigations made by us or the police reveals that the Customer is a party in the procurement of any merchandise or services from the merchants effected through the use of the CIDB Bayo Prepaid Card by the use of any unauthorised person. The Customer shall be liable for such unauthorised transaction before BPSB receives written notification of the loss or theft.

8.5  Upon the loss or theft of the Customer’s CIDB Bayo Prepaid Card or upon discovery that unauthorised person or persons have acquired knowledge of the PIN or use of the Customer’s CIDB Bayo Prepaid Card not authorised by the Customer, the Customer may request BPSB to issue a replacement CIDB Bayo Prepaid Card and BPSB shall have the right at its own sole discretion to accept or to refuse such request without having to assign any reason whatsoever. BPSB is under no obligation to issue a replacement CIDB Bayo Prepaid Card automatically following its loss or theft.

9   RELOAD SERVICE/MAXIMUM STORED VALUE/DEBIT BALANCE

9.1   The maximum Stored Value that the Customer may reload to the Account is Ringgit Malaysia Ten Thousand Only (RM10,000.00) or any amount as may be determined by BPSB.

9.2   The Reload can be performed in the following manner or such other manner which BPSB may prescribe from time to time:

 (a) transfer funds from any of the Customer’s other Accounts maintained with BPSB in the manner permitted by BPSB;

 (b) debit funds from Customer’s CASA maintained with other banks via FPX.

 (c) salary crediting via Construx Payroll into Customer’s Account.

9.3   All reloads shall not be considered to have been made until all relevant funds have been received and processed as good value by BPSB. Reloading of additional monies to the Account may be delayed. Consequently, the monies transferred will not be available for Customer’s usage and BPSB shall not be held responsible for any delay in transferring the monies to the Account.

9.4   BPSB shall not be liable or responsible for any cost, lost, or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of delay in reloads, including salary crediting into Customer’s Account.

10   DOMESTIC FUNDS TRANSFER

10.1  Domestic Funds Transfer means funds transferred between the Accounts.

10.2   Both the sender and recipient of the funds transfer must each have an Account.

10.3  It is the responsibility of the Customer to ensure the accuracy of the information provided for each funds transfer, including the email address or telephone number as well as Account number of the recipient and the amount to be transferred.

11   REMITTANCE AND CURRENCY EXCHANGE SERVICES

11.1  A Customer may remit funds in the Construx Mobile Wallet App to recipient residing in outside Malaysia from a licensed remittance company appointed by BPSB (“Appointed Remittance Company”).

11.2  The exchange rate shall be determined by the Appointed Remittance Company.

11.3  A remittance fee (at such rate to be determined by the Appointed Remittance Company from time to time) will be charged to the Customer.

11.4  It is the responsibility of the Customer to ensure the accuracy of the information provided for each remittance.

11.5  If there is any delay in the transfer of funds due to whatsoever reasons, the Customer shall not hold BPSB and/or the Appointed Remittance Company liable for the delay.

11.6  The Customer shall be bound by the Terms and Conditions set by BPSB and/or the Appointed Remittance Company and shall authorise BPSB and/or the Appointed Remittance Company to take such step to comply with the relevant regulations and/or guidelines issued by the relevant regulatory bodies.

11.7  For avoidance of doubt, BPSB is not a licensed remittance company. All remittance transactions are undertaken by the Appointed Remittance Company and are subjected to the Terms and Conditions of the Appointed Remittance Company.

11.8  These terms of use are governed by the laws of Malaysia. The Customer agrees that the Courts of Malaysia have jurisdiction over all matters arising from these terms of use.

12   BILL PAYMENT

12.1  BPSB may at any time and from time to time, without prior notice and at its absolute discretion, withdraw any of the Billers from its list or amend its list of Billers without assigning any reason thereof and the Customer agrees that BPSB shall not be liable for any loss or damage which the Customer may suffer as a result of the BPSB's actions.

12.2  The bill payment service shall be used only for the purpose of settling bills to Biller as may be determined by BPSB from time to time. The customer shall abide to the procedures, requirements and terms of each Biller in respect of settling their respective bills.

12.3  It is the responsibility of the Customer to ensure the accuracy of the information provided about each bill payment, including the bill payee, bill account number and the amount of the transaction.

12.4  The Customer agrees that, by scheduling a payment, the Customer authorises BPSB, the Biller to which the payment is scheduled and their respective agents, to initiate debit entries into the Customer’s Account in such amount as is necessary to pay the Biller's bill, and to initiate any debit or credit entries to the Customer’s Account necessary to correct any error in a payment. This authorisation shall remain in full force and effect until BPSB has received notice from the Customer of the termination of such authorisation.

12.5  BPSB shall not be under any duty to ensure punctual payments of bills by the Customer and neither shall BPSB be under any duty to monitor payment of bills or to notify any person of the late payment for any bills.

12.6  BPSB is not responsible to assist in resolving any dispute Customer might have with any Biller and Customer is to resolve any dispute directly with the relevant Biller.

12.7  Payments are limited to domestic (Malaysia) Billers and must be made in Ringgit Malaysia. Other limitations on payments through the Service may be incorporated within Terms and Conditions.

13   CUSTOMER’S OBLIGATIONS

Obligations of the Customer include: 

(a) take reasonable care of the CIDB Bayo Prepaid Card and mobile device to prevent loss, theft, damage and tampering;

(b) not to use BPSB’s Products and Services for illegal activities or allow another to use the Account for illegal activities;

(c) not to tamper with, reverse-engineer or copy, or allow another to do the same, to the CIDB Bayo Prepaid Card;

(d) not to use the CIDB Bayo Prepaid Card with readers that are not meant for BPSB’s Products and Services;

(e) the CIDB Bayo Prepaid Card shall remain the property of BPSB at all times and the Customer shall not transfer or otherwise part with the control or possession of the CIDB Bayo Prepaid Card for any use or purpose unauthorised by BPSB;

(f) maintain adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes used to access the BPSB Services;

(g) notify BPSB promptly in writing of any changes to the particulars of the Customer given to BPSB during application / registration and to further provide other details to BPSB which may be requested by BPSB from time to time;

(h) ensure that the total Stored Value amount shall not exceed Ringgit Malaysia Ten Thousand Only (RM10,000.00) or any amount as may be determined by BPSB;

(i) ensure that the transactions used and monies or funds used for Reload are neither obtained from any unlawful source nor related to any unlawful activities as specified under Financial Services Act 2013 (“FSA”) and Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”);

(j) the use of the CIDB Bayo Prepaid Card shall be subject to all provisions of FSA, AMLA and all regulations and directives made thereunder the Bank Negara Malaysia. If BPSB believes on reasonable grounds that making the Transactions may breach any of the laws of Malaysia or any other country, BPSB may at its sole discretion delay, block or refuse to make transaction and BPSB will incur no liability to Customer if BPSB do so. The Customer agrees to release BPSB from all liability and to indemnify and hold BPSB harmless from any losses or damages the Customer may suffer as a consequence; and

(k) the Customer acknowledges that BPSB may have to act promptly and on limited information if there is a suspicion of fraud, money laundering or other illegal activities.

14   REPLACEMENT OF CIDB BAYO PREPAID CARD

14.1  In the event the CIDB Bayo Prepaid Card is damaged, the Customer must return the damaged CIDB Bayo Prepaid Card to BPSB and follow prescribed procedures to obtain a new CIDB Bayo Prepaid Card.

14.2  BPSB reserves the right to charge a reasonable fee for the replacement CIDB Bayo Prepaid Card.

14.3  If BPSB approves the Customer’s request for a replacement of CIDB Bayo Prepaid Card, and upon proper verification, BPSB will issue a new CIDB Bayo Prepaid Card to the Customer with a new card number. The balance of funds (less applicable fees and charges) from the Customer’s previous lost or stolen blocked Account will be transferred to the New Card Account accordingly.

14.4  If BPSB does not issue to the Customer a replacement CIDB Bayo Prepaid Card, the balance in the Account of the Customer’s lost or stolen Card (less any applicable fees and charges) will be refunded to the Customer via cheque or by depositing it into the Customer’s bank account (provided that the Customer has given BPSB his/her banking account details) or in any other manner in accordance with BPSB’s internal policies.

15   INACTIVITY

15.1  Where there is no activity for a consecutive twelve (12) months with any Payment Instrument, the CIDB Bayo Prepaid Card/Account shall be deemed as dormant. BPSB reserves the rights to terminate the dormant CIDB Bayo Prepaid Card/Account.

15.2  In the event the dormant CIDB Bayo Prepaid Card/Account has balance after the 6 years’ period, BPSB shall terminate the dormant CIDB Bayo Prepaid Card/Account and thereafter the balance shall be transferred to Registrar of Unclaimed Money in accordance to Unclaimed Moneys Act 1965.

15.3  Prior to termination of the dormant CIDB Bayo Prepaid Card/Account, the Customer may submit the request for a refund on the balance (less the applicable fees and charges) remaining in the CIDB Bayo Prepaid Card/Account before the dormant CIDB Bayo Prepaid Card is terminated by BPSB.

16   EXPIRED CARD

16.1  The CIDB Bayo Prepaid Card is valid for 5 years or a date determined by BPSB from time to time at BPSB’s sole discretion.

16.2  Once the CIDB Bayo Prepaid Card expired, the Customer may encounter usage failure.

16.3  Upon expiry of the CIDB Bayo Prepaid Card, Customer may request BPSB to renew the card. The renewal of a new CIDB Bayo Prepaid Card shall be at BPSB’s sole and absolute discretion.

17   REFUND AND CANCELLATION

17.1   The refund of CIDB Bayo Prepaid Card is available in the following cases:

(a) BPSB deducted Customer’s Account more than once (multiple times) for the same Product/Service;

(b) the Customer’s Account is terminated due to certain reasons and with balance in the Account;

(c) the Reload amount deducted from Customer’s account maintained with his/her bank, but the said amount has not been credited to CIDB Bayo Prepaid Card/Account.

17.2   BPSB may request the Customer to provide supporting documents for the abovesaid refunds.

17.3   For cancellation of a purchase order, the Customer can either call the Authorised Merchant or visit the Authorised Merchant’s stores to request for a refund directly from the Authorised Merchant. BPSB shall only refund to the Customer if the Authorised Merchant had initiated the valid refund procedures.

18   TRANSACTION DISPUTES

18.1   The Customer must inform BPSB of any disputes within fourteen (14) business days from date of transaction or date of payment sent. BPSB is not obligated to entertain any dispute filed after this time frame.

18.2   BPSB will follow up within seven (7) business days to request for supporting documents from the Customer.

18.3   When requested, the Customer is given up to seven (7) business days to produce the receipt and other supporting documents.

18.4   In the event where the Customer disputes a transaction, BPSB reserves the right to review the situation and communicate with the Authorised Merchants to propose a solution and appropriate actions.

18.5   In the event the investigations and verifications conducted by BPSB reveals that the disputed transaction(s) was (were) accurate, genuine and properly authorised by the Customer, the Customer shall then be liable for all the disputed transaction(s).

18.6   BPSB will resolve the dispute within sixty (60) business days from date of the dispute being filed. However, for complex dispute cases that cannot be completed within the stated duration, BPSB shall notify the Customer the delay and the reason for such delay.

19   EXCLUSION OF LIABILITY

19.1   BPSB, its officers, employees, and/or its affiliates shall not be liable to the Customer or any third party authorised by or claiming through Customer for any loss or damage, whether direct, indirect, special or consequential, or for loss of business, revenue or profits or of any nature suffered by the Customer or any person authorised by the Customer, or any loss, damage or injury caused to or suffered by a person or damage to property arising from or occasioned by:

(a) the use or inability to use by Customer or any persons authorised by Customer, of the Services or any part thereof;

(b) any malfunction, unauthorised use, cloning of or defect in the Services or CIDB Bayo Prepaid Card or any part thereof for whatever reasons;

(c) any act, omission, error, default or delay by BPSB, its officers, employees and and/or its affiliates in relation to the Services;

(d) in respect of any representation or implication that may arise as a result of:

• any cancellation or refusal to renew or reissue new CIDB Bayo Prepaid Card by BPSB;

• any suspension or restriction imposed by BPSB on the use of the CIDB Bayo Prepaid Card;

• circulation of the particulars of invalidated CIDB Bayo Prepaid Cards to the Authorised Merchants;

• withdrawal of any benefits or privileges conferred on the Customer under the CIDB Bayo Prepaid Card;

(e) any act, omission, error, default or delay by BPSB, its officers, employees and and/or its affiliates in relation to the Services;

(f) due to any retention of the CIDB Bayo Prepaid Card and/or refusal by any Authorised Merchants to honour the CIDB Bayo Prepaid Card;

(g) in respect of any statement, representation or communication made by any Authorised Merchants;

(h) as a result of defect or deficiency in goods purchased or services rendered by any Authorised Merchants; and/or

(i) due to any act/omission beyond the reasonable control of BPSB.

19.2   Without limiting the generality of BPSB, its officers, employees, and/or its affiliates shall not be liable to the Customer or any third party authorised by or claiming through the Customer for:

(a) any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material in connection with the Services and any claims arising out of any act or omission on the Customer part in relation to the Services or any part thereof;

(b) any loss or damage caused to the Customer as a result of the suspension/ termination of the Services and the interruption/ loss of the Services or any part thereof from any cause;

(c) any loss, distortion or corruption of data arising from the use of the Services any unlawful or unauthorised access to the Customer’s CIDB Bayo Prepaid Card ’s data; and

(d) interruption or unavailability of the Services as a result of including but not limited to software issues, equipment failure or congestion in the affiliates’ network.

20   INDEMNITY

The Customer agrees to indemnify, hold harmless and defend BPSB and its affiliates against any loss and damage that may be the caused from or relating to:

(a) Breach of Terms & Conditions mentioned herein.

(b) Improper use of the BPSB Web Portal and/or BPSB Mobile App Services by Customer.

(c) Any claim made by third parties arising from issues relating to any failure, delay or interruption of the products and/or Services as provided by BPSB Web Portal and Mobile App Services due to error in the information provided by the Customer including misidentification recipient, incorrect account holder’s name and number.

(d) The use of products/BPSB Web Portal and BPSB Mobile App services in any manner which violates the Terms & Conditions or otherwise violates any laws, rules or regulations.

21   PROTECTION OF PERSONAL INFORMATION

21.1  BPSB has to obtain personal information of the Customer in order to provide the Products and Services to the Customer.

21.2   BPSB will not sell or rent personal information to third-parties without the consent of the Customer.

21.3   BPSB will erase the Customer’s personal data which are no longer necessary for the fulfillment of the purposes for which they are to be used.

21.4   The Customer also have the right to ask BPSB to correct personal data which are considered as inaccurate by writing/calling to BPSB.

22   CONSENT TO DISCLOSURE OF INFORMATION

22.1   The Customer hereby warrants and undertakes that all personal information provided by the Customer to BPSB is true, accurate and complete.

22.2  The Customer hereby irrevocably authorises and consents to BPSB disclosure of any information or document relating to the Customer’s CIDB Bayo Prepaid Cards, Accounts, other particulars or affairs (financial or otherwise) or such other information as BPSB may at BPSB sole and absolute discretion deem fit to Bank Negara Malaysia and any other relevant authority having jurisdiction over BPSB and/or the authorised Merchant or related corporations and associates, and to such other party whomsoever and for such purposes as BPSB may at BPSB sole and absolute discretion, deem fit.

22.3   The Customer acknowledges and agrees that in order for BPSB to provide the Services and/or privileges of the CIDB Bayo Prepaid Card, the sharing, retrieval, updating and processing of the Customer personal data will occur between CIDB Bayo Prepaid Cards, BPSB affiliates and any third party in connection with the provision of the CIDB Bayo Prepaid Card and the Customer have consented to the same.

22.4   The Customer agrees that where the Customer’s written permission is required by law or otherwise for any disclosure by BPSB and any of BPSB officers, employees, contractors or service providers, the signing of the CIDB Bayo Prepaid Card registration form and/or the signing of the CIDB Bayo Prepaid Card and/or usage of the CIDB Bayo Prepaid Card shall constitute and be deemed to be sufficient written permission for such disclosure.

22.5   The Customer undertakes to hold BPSB harmless and keeps BPSB fully indemnified from and against all claims, losses, damages (including direct or indirect damages) or liability whatsoever and howsoever arising out of such disclosure of information by BPSB or any error, inaccuracy or misstatement of such information whether caused by BPSB or due to system or technical default or failure or otherwise.

23   CHECKING TRANSACTION RECORDS

23.1  The Transaction history (i.e., Customer Account Statement) comprising of a statement detailing the Customer’s account transaction, fees & charges, total account balance and all other important information shall be available online under Customer Account profile on the BPSB Web Portal and BPSB Mobile App.

23.2   The Customer is required to login his/her BPSB Account by using his/her own user ID and password to:

(a) View Transaction history; and/or

(b) Download and/or print Transaction history.

23.3   A hard copy of the Transaction history is available upon request via BPSB Web Portal and BPSB Mobile App or call to Customer Service. All issuance of hard copies is subject to service charges determined by BPSB.

24   ONLINE USE POLICY

24.1   Links to third party websites or information are provided for the Customer convenience only. If the Customer uses these links, the Customer will leave this Site and will be subjected to the terms contained on any such third party websites. BPSB is not responsible for the availability of any such third party websites. BPSB has not reviewed, is not responsible for, and accepts no liability in respect of, any information or opinion contained on any such third party websites.

24.2   BPSB web servers are protected by appropriate firewalls which will be kept up-to-date. However, as the security of ordinary email cannot be guaranteed, the Customer should not send to BPSB any email containing any Personal Data.

24.3  Due to the nature of the Internet, transactions conducted or email messages sent through this Site may be subject to interruption, transmission blackout, delayed transmission or incorrect data transmission. Under no circumstances shall BPSB be held liable for any

24.4  BPSB web servers may also collect data relating to Customer’s online session including the Customer’s IP address and/or domain name, the use of which is to provide aggregated, anonymous, statistical information on the server's usage so that BPSB may better meet the demands and expectations of browsers to BPSB website.

24.5   BPSB uses cookies to identify a computer and it often includes an anonymous unique identifier. Cookies are small bits of information that are automatically stored on a person's web browser in their computer that can be retrieved by this site. The information collected by cookies is anonymous aggregated research data and contains no name or address information or any information that will enable anyone to contact the Customer via telephone, email or any other means. Most browsers are initially set to accept cookies. If the Customer would so prefer, the Customer can set their browser to disable cookies. However, by disabling them, the Customer may not be able to take full advantage of BPSB’s website, including online services.

25   TRADEMARKS, LOGOS AND THE COPYRIGHT

25.1  The trademarks, logos and the copyright of the content or information on this Site are owned by the BPSB or other service providers authorising their use on this Site. These may not be used without the written permission of BPSB or the relevant intellectual property rights owner.

25.2   No part of this Site may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed, or used in any other way or for any purpose without the BPSB’s prior written consent.

26   CHANGE IN THE AGREEMENT

26.1  BPSB may at its absolute discretion amend, vary or delete any of the Terms and Conditions herein at any time and from time to time by giving a twenty-one (21) days’ notice.

26.2   Any such amendment shall be effective and binding on the Customer from the date specified in the notice which may be given to the Customer in any one of the following manners:

(a) by posting on BPSB Website;

(b) by display at BPSB’s premises;

(c) by electronic mail to the Customer last known electronic mail address in BPSB’s records;

(d) by ordinary post to the Customer last address in BPSB’s records;

(e) by short messaging system (SMS); or

(f) by notice to the Customer in any other manner as BPSB may deems fit, and the Customer shall be considered to have accepted the changes and agreed to such amendments if the Customer continues to keep or use the CIDB Bayo Prepaid Card thereafter.

27   NOTICE

27.1  All notices, requests and/or other communications to BPSB must be communicated to the following address:

Customer Service Department
Bayo Pay (M) Sdn Bhd
No. 72-3, Jalan PJU 5/22, Encorp Strand
Pusat Perdagangan Kota Damansara
Kota Damansara PJU5
47810 Petaling Jaya, Selangor
Tel. No. : 603 – 7621 5151
Fax No.: 603 – 7662 1264
E-mail : support@bayo.my

Bank Negara Malaysia
Laman Informasi Nasihat dan Khidmat (LINK)
Ground Floor, D Block
Jalan Dato’ Onn
50480 Kuala Lumpur
Contact Centre (BNM TELELINK)
Tel No. : 1-300-88-5465 (Foreign: 603 – 2174 1717)
Fax No. : 603 – 2174 1515
Email : bnmtelelink@bnm.gov.my

Ombudsman for Financial Services
Level 14, Main Block
Ground Floor, D Block
Menara Takaful Malaysia
No. 4, Jalan Sultan Sulaiman
50000 Kuala Lumpur
Email: enquiry @ofs.org.my

28   SEVERABILITY OF PROVISIONS

If any of the provisions of this Terms and Conditions becomes or is determined to be invalid, illegal, or unenforceable in any respect under any law, rule or regulation, the remaining terms of this Terms and Conditions shall not be affected, and all other provisions of this Terms and Conditions will still be valid and enforceable.

29   GOVERNING LAW AND JURISDICTION

This Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. The Customer consents and agrees to submit to the exclusive jurisdiction of the Courts of Malaysia concerning all matters arising out of or in connection with the Customer’s use of the Card under this Terms and Conditions.

30   LANGUAGE

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

31   MISCELLANEOUS

31.1   Failure or delay by BPSB to exercise any right, power or privilege shall not affect the Customer’s liability to BPSB nor shall any single or partial exercise of any right, power or privilege prevents BPSB from further exercising its right, power or privilege contained in these Terms and Conditions.

31.2   The obligation of the Customer shall be binding on the Customer’s legal representatives or successors in title.

31.3   In the event there is any uncertainty from these Terms and Conditions, such uncertainty shall be resolved by BPSB. BPSB’s decision of the meaning of any provision and where applicable, BPSB’s choice of the appropriate provision to be applied to a particular situation shall be final and binding on the Customer.

31.4   BPSB may at any time combine any or all the Customer’s Accounts with BPSB and/or set-off or transfer any sum standing to the credit of such accounts towards payment of all monies due.

32   FORCE MAJEURE

32.1   Without limiting the generality of any provision in these Terms and Conditions, BPSB shall not be liable for any failure to perform its obligations herein caused by any act of God, insurrection or civil disorder, military operations or act of terrorism, all national or local emergency, acts or omissions of government or any competent authority including but not limited, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies, pandemic (including but not limited to Covid-19 pandemic), outbreaks or any such breach, delay or failure arising from such pandemic or outbreak, for whom BPSB has no control over or any cause outside BPSB’s reasonable control.

32.3   The service may occasionally be affected by interference caused by objects beyond BPSB’s control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion in Mobile Payment System. In the event if such interference, BPSB shall not be responsible for any inability to use or access the service, interruption, or disruption of the service.