Onboarding Form

Moby Merchant Agreement
SECTION 1 – FORM OF AGREEMENT
This Merchant Agreement (hereinafter referred to as “Agreement”) is entered on the Effective

Date has stated under the Appendix C of this Agreement between
MOBY MONEY SDN BHD with a company registration number (Company No. 201901032761
(1342091-H)) and its registered address at Unit 30-1, Level 30, Tower A, Vertical Business Suite,
Avenue 3, Bangsar South, No.8, Jalan Kerinchi, 59200 Kuala Lumpur, Malaysia (hereinafter referred
to as “Moby Money” or “us”);
And
The Party listed under Appendix C of this Agreement (hereinafter referred to as “You” or
“Merchant”)
Moby Money/Us or You/Merchant are hereinafter referred to individually as a “Party” and collectively
as the “Parties”, as applicable.
WHEREAS
A. The Merchant wishes to engage the services offered by Moby Money called MOBY
Services.
B. Moby Money at the Merchant’s request to provide MOBY services to its customers, agrees
to provide MOBY subject to the terms and conditions of this Agreement.
NOW IT IS HEREBY AGREED:-
1) The following sections shall be deemed to form, be read and construed as part of the
Agreement:
Section I: Form of Agreement
Section II: Special Terms and Conditions
Section III: General Terms and Conditions
Section IV: Fees & Pricing
Appendix A: Prohibited Business & Activities
Appendix B: Merchant Registration Form
Appendix C: Particulars
Schedule (s): Additional Terms and Conditions for MOBY Services
The above parts shall be read as one document, the contents of which, in the event of ambiguity
or contradiction between Sections, Appendices and Schedules, the stipulations shall be given
precedence in the descending order listed above. However, if any provision contained in any
part of the Agreement is expressly supplemented or varied by the Parties through a
supplementary agreement and/or addendum, the terms and conditions contained in any such
supplementary agreement and addendum shall take precedence over the relevant terms and
conditions contained in the Agreement but only to the extent that it is expressly agreed by the
Parties in the supplementary agreement and addendum.
Page 1 of 40 CONFIDENTIAL
2) Commencement of Agreement: This Agreement shall commence when any of the
following events occur, whichever is earlier:
(a) on the Effective Date as stated under Appendix C of this Agreement; or

(b) when you first use the MOBY Services
and will remain in effect unless and until terminated in accordance with the provisions of
this Agreement, its Schedules or its Addendum.
The authorised signatories of the parties have executed the Agreement as follows:
Signed by and on behalf of) Signed by and on behalf of)

Moby Money Sdn Bhd)
)
………………………………………………….. ……………………………………………..
Name: Name: Sugumar Arunasalam
Designation: Designation: Chief Finance Officer
Date: Date:
Signed by and on behalf of)

Moby Money Sdn Bhd)
……………………………………………..
Name: Lavannya Manickam

Designation: Head of Legal &
Compliance
Date:
SECTION II SPECIAL TERMS AND CONDITIONS
(as applicable)
SECTION III GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
This Expression Meaning

“Affiliate” or “Affiliates” means Moby Money’s ultimate holding
company, parent company or companies that
are direct or indirect subsidiaries of us, or are
otherwise related to us through common
ownership or control which shall include but
not limited to Aira Fintech Sdn Bhd.
“Applicable Laws” means all applicable laws including but not

limited to any order, policies, rules and
regulations, instructions, directions, binding
guidelines, directives or any similar directives,
whether in effect at the time of this Agreement
or in the future.
“Business Days” Monday through Friday, excluding gazetted

Public Holidays.
“Chargeback” Means a Transaction for which the Merchant

has been paid that is charged back or reversed
in whole or in part, by the Customer’s issuing
bank/credit or debit card provider/or our
payment processor due to Customer’s claim,
allegation or dispute that the Transaction was
unauthorised thereby resulting in cancellation
of the Transaction.
“Claims” any and all suits, claims, demands, litigation

and/or liability of any nature or kind, including but
not limited to the costs, expenses, legal fees
and liabilities of whatever nature (including
those from third parties), those under
contract, in tort or otherwise at law
“Channels” website, social media platform, online store, e-
commerce platform, marketplace, application
programme or software used by either the
Merchant or Moby Money to render their
respective services.
“Communications” any information from us to you, including: any

agreements and policies you agree to,
including updates to these agreements or
policies; annual disclosures, prospectus and
reports; software documentation, API
specifications, transaction receipts or
confirmations; Merchant Account statements,
settlement reports, Transaction History and
Merchant Account history.
“Complaints” means a dispute, complaint, inquiry raised
by the Customer with regards to the
following:-
(i) the quality, quantity, use or fitness

of the goods and services provided
by the Merchant;
(ii) unsatisfactory or incomplete
delivery of the Order purchased by
the Customer vide MOBY;
(iii) breach by the Merchant of the terms
of contract of sale or service entered
into between the Merchant and the
Customer;
(iv) or any other complaint or concerns
the Customer may have in respect of
the Order
“Confidential Information” means including but not be limited to, all
information (whether or not specifically
labelled or identified as confidential, and
whether oral, written, or in any electronic
medium) relating to this Agreement,
Transaction Fee, Preferential Rate,
Processing Fee, Communications, Moby
Money’s trade secrets, business and
marketing strategy, source codes,
drawing, schematics and blueprints,
specifications, discussions, negotiations,
proposals, processes knowledge, data,
financial information, business methods
and/or techniques, technology, processes,
innovations, ideas, products, names and
lists of employees, clients and vendors,
and all other information relating to Moby
Money is unique, secret, proprietary, or not
generally known to the public (whether or
not such information is protected from
infringement by patent, trademark,
copyright, or other similar registration), any
other information labelled as ‘Confidential’.
“Consequential Loss” shall mean:
(a) consequential or indirect loss under

applicable laws; and
(b) loss and/or deferral of production,
loss of product, loss of use, loss of
revenue, profit or anticipated profit (if
any), in each case whether direct or
indirect to the extent that these are
not included in (a) and whether or not
foreseeable at the date of this
Agreement.
“Customer” a person or legal entity who uses MOBY as

the payment option to purchase goods
and/or services sold by you
“Days” calendar days.
“Government Authority” the Government of Malaysia and any other

government (including quasi government)
ministry, agency, institution, local
authority or department having jurisdiction
over the Parties and/or the subject matter
herein.
“Indemnified Parties” Moby Money, our parent/ultimate holding
company, Affiliates, as well as their
respective officers, employees,
shareholders, investors, directors, agents,
joint ventures, representatives, agents and
any of our service providers.
“Information” any confidential and/or personally

identifiable information or other
information related to a Merchant Account,
Merchant or Customer, including but not
limited to the following: name, email
address, date of birth, tax identification
number, billing/shipping address, phone
number and financial information.
“Instore Merchants” Means Merchants that render MOBY on

their physical stores or outlets.
“Intellectual Property/ means any and all intellectual property and

Intellectual Property Rights” proprietary rights existing from time to
time anywhere in the world under any law
or regulation, including without limitation
any know-how, trade secret, patent, utility
model, copyrights, moral right, rights
under unfair competition law, trade mark,
service marks, logos, branding image,
tagline, colour schemes and any right or
form of protection of a similar nature or
having equivalent effect to any of the
foregoing which may subsist anywhere in
the world, and applications, renewals,
extensions and restorations for any of the
foregoing now or hereinafter in force or
effect.
“Marketing Material” Means Intellectual Property and public

marketing asset, point of sale marketing
(POSM) any other creative or marketing
material provided by either Party for the
purposes of this Agreement.
For the avoidance of doubt all digital and

physical marketing collaterals.
“Merchant Account” Means a MOBY merchant account/ID that

allows the Merchant to accept Orders for
payment through MOBY and manage
Transactions. The Merchant account is also
authorised to create sub-accounts for
Stores owned by the Merchant.
“Merchant Discounts” Means discounts, sale vouchers, cash back,

rebates wholly funded by Merchants in
conjunction with any promotion or
campaign.
“MOBY App” The application program developed,

maintained and operated by Moby Money
to render the MOBY to Merchants and
Customers and on which Transactions are
performed.
“MOBY Merchant App” Means the application that shows back-end

specifically used by Merchants to manage
Transactions, Merchant Account, Sub-
Accounts, view settlement reports,
download the Merchant QR Code and
perform any other action through features
that are available to Merchant.
“MOBY Services” Means the services offered by Moby Money
to the Merchants as provided under this
Agreement and the Merchant Registration
Form which includes but not limited the
various payment acceptance such as Buy
Now Pay Later (BNPL), credit and debit
cards, payment gateway, virtual and
physical terminal, e-wallets, QR Code, FPX,
online banking and any other services as
agreed between Parties from time to time.
“MOBY System” Means software that controls and manages
the applications programs that runs the
MOBY services
“Order” Placement of order by Customer with the

Merchant for the purchase of goods and/or
services sold by the Merchants as captured
or processed using the Website or the
MOBY App.
“Payment Acceptance” Means the mode of payment approved by

Moby Money or the partnering bank, other
financial institutions for the acceptance,
remittance from the bank account of the
Customer for Transactions paid using
MOBY which shall include but not limited to
the Merchant’s designated QR Code
generated by the MOBY App, payment
terminals.
“Preferential Rate” Means discounted Transaction Fee offered

by Moby Money to the Merchant in the
following event :-
(i) Merchant agrees to an exclusive
arrangement with Moby Money or
any other special commitment as
provided under this Agreement or
by way of an addendum to this
Agreement;
(ii) promotional period determined by
Moby Money at its absolute
discretion from time to time. (Moby
Money reserves its right to revert
or impose the applicable standard
fee on Merchant at any time).
“Refund Policy” refund policy for any cancellation or return

of goods purchased by the Customers which
you and the Customers have agreed upon.
“Reversal” Means any reversal payment initiated by

Moby Money in whole or in part for a
Transaction following the cancellation by
Moby Money for a suspicious or a
fraudulent Transaction, or if we do not wish
to accept an Order for any reason
whatsoever.
“Stores” Means physical stores and/or online stores

operated and owned by Merchant.
“Security Breach” means any suspected or actual loss,
misuse, modification, unauthorized or
accidental access or disclosure, alteration
or destruction of information, theft, fraud,
or unauthorised use of Merchant Account,
Sub-Accounts, Merchant Systems,
tampered or compromised connection or
integration with MOBY System.
“Spending Limit” means the limit or the cap assigned to each

Customer as determined by Moby Money
based on its credit check and any other
assessment at its absolute discretion from
time to time.
“Standard Rate” Means the default ordinary Transaction Fee

(without any offers or discounts) as
determined by Moby Money from time to
time.
“Transaction” means the transaction between the
Merchant and the Customer for a
successful Order between the Merchant
and the Customer made using MOBY as
facilitated and/or processed via MOBY’s
various checkout options which includes
MOBY’s Buy Now Pay Later, and other
payment methods provided by MOBY’s
affiliate partners’ point of sale terminal,
platform, mobile application or QR Code,
electronic payment methods, payment
gateway services such as credit or debit
card, and/or FPX online banking.
“Transaction Amount” shall include any tax; GST & SST, shipping
and delivery fee charged by Merchant.
“Transaction Fee” the fee chargeable by Moby Money (a

certain percentage of the total amount of
the Transaction as stipulated under Section
IV) to the Merchant in consideration of the
Merchant’s usage of MOBY.
“Website” the internet platform or website through
which MOBY is made available to your
Customers
2. ENGAGEMENT OF MOBY SERVICES
2.1 Moby Money relies upon the information in the Merchant Registration Form, supporting
documents and any representations made by the authorised person/signatory of the
Merchant (“Merchant Information”) as consideration to extend the MOBY services to
the Merchant and subsequently, the Stores. Moby Money’s approval for the Merchant to
provide MOBY services as an alternative payment solution to its Customers, is therefore
conditional upon due diligence and KYC checks & verifications performed by Moby Money
based on Merchant Information provided.
2.2 This Agreement shall be binding on the Merchant and its Stores which are registered by
the Merchant in the MOBY system or Stores listed in the Merchant Registration Form or
any Store of the Merchants approved by Moby Money from time to time. Moby Money
reserves its right to terminate or suspend any Store that fails its individual due diligence
or KYC process. Therefore, the term ‘Merchant’ shall also include Stores where
applicable.
2.3 The Merchant has the obligation to maintain the accuracy and completeness of the
Merchant’s Information which shall include the information regarding Stores at all times.
Any changes to the Merchant Information shall be immediately communicated to Moby
Money via [email protected]
3. MOBY SERVICES
3.1 MOBY is a payment method and/or solution that enables the Customer to place an Order
and pay for the goods and/or services purchased from the Merchant through the various
payment method offered rendered vide MOBY’s various checkout options which includes
MOBY’s Buy Now Pay Later, and other payment methods provided by MOBY’s affiliate
partners’ point of sale terminal, platform, mobile application, e-wallets, QR Code,
electronic payment methods, payment gateway services such as credit or debit card,
and/or FPX online banking.
3.2 Moby Money may from time to time develop new product features under MOBY or,
modify, upgrade and/or introduce value added feature(s) to existing MOBY products and
services (collectively and individually referred to as “New Feature”) which shall be
governed by additional terms and conditions that are specific to the New Feature which
Moby Money may impose at its own discretion.
3.3 Any additional terms and conditions applicable to the New Feature shall be
communicated to you via email notification to the email stated under Appendix C of this
Agreement. The additional terms and conditions (“New Feature Terms”) shall be
binding on you in the event we do not receive any objection from you within seven (7)
days from the date of notice. The additional terms and conditions shall form part of this
Agreement and shall be read and construed as if the terms set out were inserted in this
Agreement. In the event of any inconsistency and conflict between the terms and
conditions contained herein and the New Feature Terms, the New Feature Terms shall
prevail to the extent relevant to the New Feature.
4. MERCHANT OBLIGATIONS
4.1 The Merchant shall provide all information and documents requested by Moby Money
from time to time for Moby Money’s checks, verifications, monitoring to ensure the
continued provision of MOBY services and in order for Moby Money to satisfy its
obligations under Applicable Laws.
4.2 The Merchant agrees and undertakes:
(a) To ensure that all goods and/or services sold or provided by the Merchant are
as described on its Channels or Stores and are not in breach of any laws or
regulations of Malaysia or any other country.
(b) To ensure that the Payment Acceptance will not be misused in any way;
(c) To notify Moby Money immediately if the Merchant becomes aware that
fraud or misuse of MOBY;
(d) To assist Moby Money with any inquiry undertaken by Moby Money or its
authorised agents in respect of the misuse of any Payment Acceptance;
(e) To notify Moby Money of any changes to the details contained in the Merchant
Registration Form;
(f) To comply or ensure the compliance of all the Stores with all legal requirements
imposed on the Merchant and the Stores pursuant to this Agreement;
(g) To attend any training organized by Moby Money regarding the utility of MOBY
and the MOBY App.
4.3 The Merchant shall not make any statements or representations which are misleading,
inaccurate, not true or deceptive or which contain any material omission in respect of
any goods and/or services which are supplied or sold by the Merchant or concerning
MOBY, or Moby Money and its Affiliates.
4.4 All transactions utilising the MOBY App shall be deemed concluded at the premise of the
Merchant’s registered address as provided above or at the respective Store’s business
address as provided in the Merchant Registration Form or the Merchant Account (as
applicable).
MOBY Merchant App & Security
4.5 Merchant shall download the MOBY’s Merchant App for the utillisation of the merchant
dashboard feature to manage the Transactions made by the Merchant and the Stores
using MOBY. The Merchant shall not download the MOBY App from any other sources
other Google Play Store, the Apple App Store.
4.6 The Merchant shall be assigned a Merchant Account upon signing of this Agreement.
The Merchant Account is deemed as the ‘master account’. The Merchant is responsible
for ensuring sub-accounts are created by each Store to manage the Merchant’s overall
Transactions (“Sub Accounts”).
4.7 The Merchant is fully responsible for all activities that occur under its Merchant Account
and its Sub-Accounts including but not limited to security of password and login details
of Merchant Account and Sub-Accounts, and the assignment of user access rights and
functions to its authorised persons.
4.8 The Merchant shall immediately notify Moby Money regarding any security breach and
shall further provide all necessary detail, supporting evidence, information as may be
requested by Moby Money to facilitate the due investigation and verification. Moby
Money shall have the absolute right to suspend the Merchant Account and/or Sub
Accounts to mitigate or prevent any further security breach any liability to the Moby
Money.
4.9 The Merchant be fully responsible for any Claims arising out of or resulting from the
misuse, unauthorised use, security breach of the Merchant Account, and the Sub-
Accounts or for any actions, negligence and omission of the Stores in causing the same.
5. NO SURCHARGES & RECEIPT OF PAYMENT
5.1 You hereby agree that you shall not impose a surcharge or any other fee (“Prohibited
Fees”) for accepting MOBY as a payment method on the Customers. Breach of this
obligation amounts to a material breach of this Agreement and therefore, Moby Money
reserves its right to terminate this Agreement without any prior notice.
5.2 Merchant shall indemnify the Indemnified Party for any Claims arising out or resulting
from such Prohibited Fees.
5.3 A Merchant shall not at any time for payment of Transactions made using MOBY, receive
or procure the receipt of any cash or cheque payments from Customer.
6. TAXES
7.
6.1 It is your sole responsibility to pay all taxes including but not limited to withholding tax,
duties and charges assessed or levied against the payments you make or receive, and it is
your sole responsibility to collect, report and/or remit the precise and applicable tax to
the appropriate Government Authority.
6.2 MOBY shall not be responsible for determining whether taxes apply to your transaction,
or for collecting, reporting and/or remitting any taxes arising out of any transaction.
6.3 You hereby agree to protect and to indemnify the Indemnified Parties and hold them safe
and harmless from any and all Claims for income, excess profit, royalty and/or other taxes
assessed or levied by the Government Authority against the Indemnified Party (if any) for any
payment made to or earned by you under this Agreement.
7. REFUND POLICY /COMPLAINTS
7.1 You hereby acknowledge that Moby Money does not have any control over the goods
and/or services that are transacted between you and the Customers. We are not
responsible and shall not be liable for any Transaction, delivery and quality of goods,
dispute raised by Customers, Complaints and refunds to the Customers.
7.2 Should a Customer have any Complaint(s) regarding the goods and/or services
purchased from you, the Customer will be required contact you directly or will be directed
to you by our personnel. You represent and warrant to undertake all responsibilities to
attend, manage and resolve any Complaint(s) or refund requested by the Customer
within the Response Time stated under Clause 13.1 of this Section III. In the event the
Customer contacts Moby Money to initiate the refund or the complaint processes, we will
assist to redirect the Customer to your Channels or your personal representative (s) as
detailed under Appendix C of this Agreement or as reflected under your Merchant
Account or Sub-Account as applicable.
7.3 You represent and warrant that:
(a) Merchant and the Stores have reasonable Refund policy that govern the refund
for goods/products sold to Customers;
(b) Such Refund Policy are clearly communicated to the Customers or published
on the Merchant’s and Stores’ Channels and/or physically displayed in the
Stores;
(c) Merchant and its Stores are not allowed to apply a refund policy that is more
stringent on MOBY Transactions;
(d) your Refund Policy and Privacy Policy are in line with Consumer Protection Act
1999, Personal Data Protection Act 2010 and any other Applicable Laws;
(e) the refund processes and fees do not operate differently for MOBY and non-
MOBY transactions
7.4 Whilst we endeavour to accommodate or facilitate communication between you and the
Customers in respect of Complaints or refund, we shall not be held responsible for
handling or resolving the Complaint or refund on your behalf. You are required to provide
a trackable shipment code and any other relevant information to both Moby Money and
the Customer in order to provide proof of fulfilling the affected Order to the Customer.
Notwithstanding anything to the contrary herein, the outcome of your dispute with the
Customers or the Complaint shall not in any manner affect our rights and remedies
under this Agreement.
7.5 We reserve the rights to withhold or to make a Reversal if it is deemed at Moby Money’s
sole discretion that you have failed to provide the value as promised to the Customer in
question based on prevailing evidence presented to us.
7.6 Notwithstanding anything contained in your Refund Policy, you hereby agree that in the
event a refund is required by Applicable Laws, regulations, and/or guidelines imposed
by a Government Authority that regulates either Moby Money and its Affiliates, Moby
Money’s third party service providers or affiliate financial institutions or any other
relevant parties involved in the process of rendering MOBY to you, you agree to comply
by such requirements and refund the fees accordingly.
7.7 Given that a refund is usually associated with transactions between you and the
Customer or due to non-compliance of the goods or products with the specifications or
description provided by you, or poor conditions/defect of the goods or products amongst
other reasons, causes and actions which Moby Money does not have control over, you
hereby agree that the Transaction Fee (as applicable) paid for a particular Order that
was refunded, shall be forfeited.
7.8 Moby Money will not process a refund unless we have received a refund confirmation
from you. A refund process may be initiated by contacting Moby Money’s Merchant
Operations team or Customer Care team or by initiating a refund confirmation by keying
in the 6-digit Refund PIN via the MOBY Merchant App.
7.9 You hereby agree that upon refunding the Customer, Moby Money shall be entitled to
automatically offset or deduct the refund amount from any amount owing to you or
becomes due to you which shall include but not limited to subsequent payments to be
made by us to you for any future Transactions within thirty (30) days from the date of
refund made by Moby Money. If there are no Transactions made by you or if we are
unable to fully recover the refund amount for any reason whatsoever within the thirty
(30) days from the date of refund made by Moby Money, you agree that the amount
shall become due immediately without notice and you shall manually credit back the
refund amount to Moby Money’s bank account and further specify the Transaction
number of the particular Transaction that was affected under the payment details.
8. REVERSALS & CHARGEBACKS

8.1 Moby Money may make a Reversal in the following circumstances: -
(a) Payment is invalidated by the Customer’s bank;
(b) it was sent to you in error by us, or our payment collection partners;
(c) the Customer did not have authorization to send the payment (for example: the
Customer used a bank account that did not belong to the Customer);
(d) duplication of payment for the same Order;
(e) you received the payment for activities that violated this Agreement, our policies,
or any other agreement between parties;
(f) pursuant to suspicious or fraudulent transactions.
8.2 Each Reversal and Chargeback represents on its occurrence, a debt immediately due
and payable by yourself to Moby Money, notwithstanding any expiry or termination of
this Merchant Agreement or suspension of the MOBY services.
8.3 Moby Money shall be entitled to offset or deduct the amount made under the Reversal
or Chargebacks against any amount due to you or from any future settlement amount
and/or invoice the Merchant to recover. You hereby further agree to not counterclaim
any Reversals or Chargebacks or demand for the amount that was set-off or deducted
to be paid to you.
8.4 We shall to our best efforts, assist in investigations in connection with the Chargebacks
by submitting the identity verification of the Customer which identifies the Customer as
the card holder and other proof or documents that are available to us which can be used
to trace the authorisation of the transaction or payment of the Order to prevent the
Reversal. Nothing in the foregoing shall be construed as our guarantee to resolve the
dispute or recovery of the goods, products and services delivered to Customers. We
may also require you to furnish additional information to facilitate the investigations and
in which circumstance you are obliged to provide such information.
8.5 Moby Money reserves its right to impose Chargeback Fee at any time during the effective
period of this Agreement to recover any costs incurred by Moby Money in respect of
Chargebacks.
8.6 You hereby agree to assume costs that may ensue following recovery of the sold goods
or products including but not limited to shipment or delivery fees.
9. TRANSACTION REVIEW
9.1 You hereby agree to Moby Money carrying out real-time checks, verifications and review
(“Review”) on any potentially suspicious or high risk or illegal transactions pertaining
to MOBY, payment or placement of Order by Customers or any other transactions
between you and the Customer. If a transaction is subject to Review, we will place a
hold on the payment of the Order or either immediately cancel the transaction and
provide notice to both the Customer and you. Thereafter, we will conduct further review
and either clear or cancel the payment.
9.2 Save and except where payment is cleared, a notice will be provided to both the
Customer and the Merchant otherwise, the payment or the transaction are deemed
cancelled. Moby Money shall not be liable for any Claims arising out of or resulting from
such cancellation of payments or transactions
10. PAYMENTS
10.1 The Merchant shall ensure that all Transactions are processed in accordance with the
Payment Acceptance as determined by Moby Money. Moby Money shall not be
liable for any Claim in respect of any unsuccessful Payment Acceptance or any Claims
arising from Merchant’s to comply with the Payment Acceptance procedures.
10.2 The Merchant may accept payment either through Static QR Code or the QR Code
downloadable using the MOBY Merchant App.
10.3 The Merchant undertakes to display the Static QR Code information in the Merchant’s
business premises and Stores. Each Store shall only have one (1) static QR Code for
security reasons.
10.4 Payments made to you for each Transaction shall be total amount of the Transaction
less Payment Processing Fee, Transaction Fee/Preferential Rate, Merchant Discount
Rate, Refund and Reversals, Chargeback Fee, goods and services tax or any
other tax of similar nature any other applicable fees and charges payable as may be
communicated to you from time to time (“Settlement”).
10.5 Settlement will be paid to you within the settlement term as stated under Section IV
(“Settlement Term”), to your nominated bank account with Moby Money. The
Settlement will be deposited to you vide the settlement arrangement which relies on
our payment processors, third party systems, and institutions to facilitate transfers via
Electronic Funds Transfer (EFT) and other methods not listed herein. Due to this reliance
on other parties and for purposes of risk management as well as internal controls, your
payment shall not be immediately available for withdrawal.
10.6 Moby Money shall endeavour to pay the net amount within the Settlement Term as
stated under Section IV of this Agreement. The Settlement Term may be amended by
Moby Money from time to time by giving you a fourteen (14) days advance written
notice.
10.7 Notwithstanding Clause 10.6 above, if we deem you to be a ‘High Risk’ Merchant upon
our assessment of your risk profile, we reserve the right and you agree for us to do the
following:
(a) immediately amend your Settlement Term to a longer period by providing two (2)
days prior notice;
(b) limit the Instalment Plan offered to your Customers to a shorter tenure;
(c) request a deposit from you or retain a certain portion of your Settlement (solely
to be determined by Moby Money at its absolute discretion) as a surety to offset
any defaults in repayment by Customers;
(d) Impose the payment of a higher percentage of the Transaction value for the first
Instalment Plan at the checkout on the Customer;
(e) Impose a daily limit and/or monthly limit on Transactions made by you and your
Stores;
(f) Suspend your Merchant Account and Sub- Account for a certain period for
monitoring purposes;
(g) Any other action we may deem as necessary to mitigate the risks of rendering
MOBY services to you and your Customers.
10.8 Payment of Settlement shall not constitute any form of acceptance nor approval of MOBY or
a waiver by us of any of our rights under this Agreement.
10.9 In the event you wish to change any Information with respect to your Merchant Account,
or nominated bank account that receives the Settlement, you agree to submit any
necessary forms, supporting documents and authorization required by Moby Money to
effect the change.
10.10 Moby Money shall not bear any liability or responsibility for any Claims arising out of or
resulting from any inaccuracy of the bank account information. You are responsible for
maintaining correct information with respect to your nominated bank account. Moby
Money shall not bear any Claims that you may incur as a result of failing to update your
nominated bank account information.
11. PAYMENT PROCESSING FEE
11.1 Moby Money reserve its right to impose any Payment Processing Fee for your usage of
MOBY. The Payment Processing Fee is based on actual cost incurred by Moby Money
arising out of or resulting from processing transaction between Moby Money and you or
transaction between you and the Customer and any costs incurred by Moby Money as
a result of checks and verifications performed on such transactions .
11.2 If the decision is made to impose the Payment Processing Fee on you, you will be
notified in writing and we shall endeavor to provide the notice not less than thirty (30)
days in advance.
12. TRANSACTION FEE
12.1 The Merchant hereby agrees that the Transaction Fee as applicable as stipulated
under the Section IV of this Agreement shall be paid by the Merchant to Moby
Money from the total sum for each Transaction completed by the Customers for the
purchase of goods or services (inclusive of deliver, shipping charges and applicable
taxes) from the Merchant vide MOBY.
12.2 We reserve the right to adjust the Transaction Fee/ Preferential Rate at our
sole discretion upon thirty (30) days written notice being given to you. You may
terminate this agreement within fourteen (14) days from the date of notice in the
event you do not agree with the revised Transaction Fee and/or Preferential Rate.
13. RESPONSE TIMES

14.1
13.1 You shall respond with a relevant response within two (2) Business Days upon receipt
of the Complaint, refund request or any form inquiry from us or the Customers.
13.2 You shall endeavor to resolve any Complaint or refund request within fourteen (14)
days.
13.3 Where there is any delay to the foregoing periods, you are required to inform the
Customer and Moby Money in writing of the reason in delay and further notify the
expected response or resolution time.
14. FORCE MAJEURE
14.1 If either Party is prevented by any cause beyond its control (including but not limited
to acts of God, war, fire, epidemic, pandemic, embargo, riot or disorder, major
disruptions to the telecommunications and other networks upon which the provision
of MOBY is reliant, suspension by Government Authority, change in policy by the
Government Authority, a state of emergency and/or any other policies and/or orders
which may halt the operations of the Parties or any other event constituting a force
majeure) from performing its obligations hereunder, the said Party shall not be under
any liability for any loss and/or damages suffered by the other Party as a result of
the consequence of the non-performance of the obligations herein and the affected
Party shall notify the other Party in writing immediately upon occurrence of the force
majeure event.
14.2 Notwithstanding the above, in the event of such occurrence, each Party agrees to
make a good faith effort to perform its obligations hereunder.
14.3 The performance of any obligation suspended while Force Majeure is operative shall
be resumed as soon as such Force Majeure event ceases. Any loss, damage and/or
delays in, or failure of performance by either Party shall not constitute default
hereunder or give rise to any claims for damages or loss of anticipated profits, if and
to the extent that such loss, damage, delay and/or failure is caused by Force Majeure.
14.4 In the event that a Force Majeure circumstances which substantially affect the
performance of this Agreement have continued for a period of fourteen (14) days
from the date of notice served, we reserve all rights to terminate this Agreement at
any time by giving written notice to you.
15. MARKETING & PROMOTIONS
15.1 Merchant shall undertake the following:-
(a) to actively promote MOBY as an alternative payment method offered by the

Merchant to Customers;
(b) to display Marketing Material provided by Moby Money from time to time on
your Channels and in your Stores (cashier counter top and other visible areas)
in line with the instructions imposed by Moby Money to inform the Customers
and the public that MOBY will be honoured at the Stores;
(c) to furnish Merchant’s Marketing Material and authorise Moby Money in using or
displaying Merchant’s Marketing Material on Moby Money’s Channels, and
communications with Customers and any other relevant third parties for the
purposes of this Agreement;
(d) to not cause or enable a third party to damage or endanger MOBY’s Intellectual
Property Rights owned by Moby Money.
15.2 In the event of any breach of Clauses 15.1 above, Moby Money reserves its right to
withhold any settlement or payment to Merchant until the breach is rectified.
15.3 You shall also endeavor to participate in any promotions or marketing campaigns
organised or managed by and on behalf of Moby Money from time to time. In the
event you participate in any of the promotions or marketing campaign, you shall
perform all the necessary action to facilitate the promotion and marketing campaign
and further agree be governed by the specific terms and conditions imposed by Moby
Money in respect of the promotions and marketing campaign
15.4 The Merchant shall use only such Marketing Materials as provided or approved in
advance by Moby Money. The Merchant may use Moby Money’s Marketing Materials
in the Merchant’s premises, Stores and Channels for advertising, promotional,
marketing purposes and to indicate that the MOBY is accepted in payment for goods
and/or services on the Merchant’s premises, Stores and Channels.
15.5 The Merchant must not cause or permit to be done anything that may damage or
endanger any MOBY’s Intellectual Property Rights owned by Moby Money.
Merchant Discounts
15.6 Where Merchants wish to provide Merchant Discounts to Customers:
(a) utilization of Merchant Discounts for a Transaction will be subject to the

applicable terms and conditions as determined by the Merchant insofar such
terms and conditions do not breach any Applicable Laws or this Merchant
Agreement, Moby Money’s Terms of Service, Privacy Policy, or any other
binding documents entered into between Merchant and Moby Money; and
(b) Moby Money’s settlement of a Transaction shall be less the Merchant Discounts;
(c) You undertake to take sole responsibility for any disputes or claims raised by
the Customer in connection with such Merchant Discounts.
16. CONFIDENTIALITY
16.1 You hereby undertake:
(a) To treat such Confidential Information as strictly confidential and shall not be
disclosed by you to any third party other than your personnel who require
access on an “As Needed” basis (”Authorised Person”) for the performance
of this Agreement, or be used otherwise than for the purposes of this
Agreement without first obtaining our prior approval in writing, or prior approval
in writing of the Customer, save and except where required by a court order,
in which such disclosure shall be permitted.
(b) To restrict access to the Confidential Information to Authorised Person and to
bind the Authorised Person by entering into a valid agreement to keep in strict
confidence all the Confidential Information received.
(c) To protect the Confidential Information to avoid the misuse, disclosure or
dissemination of such Confidential Information.
16.2 The obligations of the Parties under Clause 16.1 of this Section III shall not apply
to any information which:-
(d) is public knowledge at the date of disclosure by Moby Money or lawfully

available to you from sources other than Moby Money (whether directly or
indirectly) such source is not known by you to be prohibited from disclosing the
Confidential Information by a duty or obligation of confidentiality; or
(e) is already known by you prior the date disclosure by Moby Money provided that,
the Confidential Information is not known by you to be subject to another
confidentiality agreement with Moby Money or other obligations of
confidentiality to Moby Money; or
(f) is required to be disclosed pursuant to governmental or judicial proceedings.
16.3 Upon termination of this Agreement, you shall within ten (10) days delete, destroy
any soft copies of Confidential Information and any parts thereof in their possession
return and shall at Moby Money’s request, provide a certificate of destruction of all
known Confidential Information furnished to you during the term of this Agreement.
16.4 The operation of this clause shall survive the expiry or termination of this Agreement,
and shall remain in full force and effect.
17. MERCHANT ONBOARDING & COVENANTS
17.1 Moby Money relies upon the information in the Merchant Registration Form,
supporting documents submitted and any representations made by the authorised
person/signatory of the Merchant (“Merchant Information”) as consideration to
extend the MOBY services to the Merchant and subsequently, the Stores. Moby
Money’s approval for the Merchant to provide MOBY services as an alternative
payment solution to its Customers, is therefore conditional upon due diligence and
Know-Your-Customer (“KYC”) checks & verifications performed by Moby Money
based on Merchant Information.
17.2 At Moby Money’s absolute discretion, conditional approval may be granted to the
Merchant if the Merchant fails to meet certain pre-conditions under Moby Money’s
Merchant Onboarding policy PROVIDED THAT the Merchant agrees to implement
Moby Money’s reasonable requests and/or furnish any additional documents
within the time determined by Moby Money. In the event the Merchant fails to fulfill
the preconditions, the conditional approval shall be revoked and Moby Money
reserves its right to withhold any settlement or payment to the Merchant,
suspend the Merchant Account until the breach is rectified or terminate this
Agreement.
17.3 You hereby agree, consent and authorize the collection, use, disclosure and
processing of your Information or any other data submitted by you for the purposes
to verify your business as part of our due diligence checks and KYC checks at any
time during the term of this Agreement to satisfy our obligations in complying with
the relevant requirements under Applicable Laws and for anti-fraud and anti-money-
laundering reasons. You therefore agree that we may terminate this Agreement and
seek damages (without prejudice to any other available remedy at law) in the event
you breach this obligation.
17.4 You hereby represent and warrant that all Information provided by you including but
not limited to information pertaining to your business, policies, processes, and any
information we require from you prior the signing of this Agreement and from time
to time after the Effective Date of this Agreement are accurate, complete, true,
relevant, not misleading.
17.5 Such enquiry or authentication may include inquiring you for further information,
such as taxpayer identification number and any other information that will allow us
to reasonably identify you. You may also be required to take steps to confirm
ownership of your email address and/or financial instruments, to order a credit
report, or to verify your Information against third party databases or through any
other sources. We reserve all rights to close, suspend, terminate and/or limit access
to your Master Account and/or to MOBY in the event we are unable to obtain or verify
your Information.
17.6 As a condition to being a Merchant, you hereby covenant and undertake to do the
following: -
(a) at all times maintain valid and updated licenses permits consents, approvals
and other statutory requirements under Applicable Laws (including those
required by foreign or international laws) applicable to your business and
operations;
(b) at all times comply with Applicable Laws;
(c) ensure that the performance of this Agreement will not violate any agreement
to which you are a part;
(d) not to use or permit the use of MOBY for any fraudulent, unlawful, illegal, or
improper purpose in breach of applicable laws;
(e) abide by Moby Money’s code of practice;
(f) shall retain documents and records relating to every Order between you and
Customer made vide the Website or MOBY App (including proof of delivery of
Order) for a period of seven (7) years after the completion of the transaction
for the audit purposes. Upon reasonable advance notice by Moby Money, you
shall allow Moby Money to inspect, review, and access such documents and
records.
18. COMPLIANCE WITH LAW, PROHIBITED BUSINESS & ACTIVITIES
18.1 You hereby undertake, represent and warrant that you shall NOT at any time sell or
provide goods, products, services, businesses that are illegal or prohibited under any
Applicable Law or involved in any of the activities (whether directly or indirectly)
listed under Appendix A of this Agreement (“Prohibited Business & Activities”).
The foregoing is a non – exhaustive list and therefore shall be subject to
amendments or addition by Moby Money from time to time.
18.2 In addition to the above, you are prohibited from doing the following:-
(a) Transact with the Customers in any manner that is unauthorized or is

reasonably perceived as illegal including without limitation in respect of the sale
of goods and products, processing of Orders, your dealings or communications
with the Customers through the Website and/or MOBY App;
(b) Accept or process any Orders under any other company or business name or
entity that that was not disclosed to us during the merchant onboarding process
without our prior written consent;
(c) send unsolicited email(s) to a Customer and/or use MOBY to collect payments
for sending, or assisting in sending, unsolicited email(s) to third parties.
(d) Breach this Agreement, Moby Money’s policies or any other agreement and/or
policy that you have agreed to with us;
(e) Violate any law, statute, ordinance, and/or regulation, including but not limited
to those governing financial services, consumer protections, unfair competition,
anti-discrimination or false advertising;
(f) Infringe any of the third party's Intellectual Property Rights or rights of publicity
or privacy;
(g) Sell counterfeit goods;

(h) Act in a manner that is defamatory, trade libelous, threatening or harassing;
(i) Act in a manner or raise suspicion to have acted in a manner that Moby Money
in its reasonable consideration deems to injure the reputation of its business;
(j) Provide false, inaccurate and/or misleading information;
(k) Send or receive fraudulent funds or what we reasonably believe to be potentially
fraudulent funds;
(l) Refuse to cooperate in an investigation or to provide confirmation of your

identity or any Information that you have provided to us;
(m) Conduct your business or use MOBY in a manner that results in or is likely to
result in Complaints, disputes, Reversals, Chargebacks, fees, fines, penalties
and/or any other form of liability to us, Customer(s), third parties or you;
(n) Exhibit bad payment behaviour that indicated you are not creditworthy or have
a low credit score with any of the registered credit reporting agency;
(o) Take any action that imposes an unreasonable or disproportionately large load
on our infrastructure; facilitate any viruses, Trojan horses, worms or any other
computer programming routines that may potentially damage, detrimentally
interfere with, surreptitiously intercept and/or expropriate any system, data or
Information; use an anonymizing proxy; use any robot, spider, other automatic
device, or manual process to monitor or copy the Website and/or MOBY App
without our prior written consent; or use any device, software or routine to
bypass our robot exclusion headers, or interfere or attempt to interfere with the
Website and/or MOBY App or provision of MOBY;
(p) Take any action that may cause us to lose any of the services from our internet
service providers, payment processors, or other suppliers;
(q) Use MOBY as a medium or tool to test Customers’ payment behaviors;
(r) circumvent any of our policy or determinations about your Master Account such
as temporary or indefinite suspensions or other limitations or restrictions,
including, but not limited to, engaging in the following actions: creating or
attempting to create new or additional Master Account(s) when a Master
Account has been restricted, suspended or otherwise limited; creating or
attempting to create new or additional Master Accounts using information that
is not your own; or using someone else’s Master Account;
(s) perpetuating, promoting, enabling, facilitating ‘Cash Out’ or similar mechanism

i.e allowing or facilitating customers to redeem their Spending Limit without
actual sale and purchase of goods/services offered or allegedly offered by the
Merchant using Moby or Moby Services (Merchant hereby agrees that Cash Out
or CO is deemed as fraudulent and an illegal activity)
18.3 Breach of Clauses 18.1 and 18.2, are deemed as material breach of this Agreement.
If we have any reason to believe that you may have been engaged in any of the
abovementioned Restricted Businesses or Activities we reserve all rights to take
various actions to protect ourselves, Customer(s), other third parties, or you from
Reversals, fees, fines, penalties and/or any other form of liability. The actions that
we may take shall include but are not limited to the following:
(a) We may terminate this Agreement without notice;
(b) We may close, suspend, and/or limit your access to your Master Account and
connection to the Website and MOBY App (such as limiting your ability to
accept payments, make withdrawals, or remove financial Information).
(c) We are authorised to contact Customers whom you have interacted with,
your bank, and/or warn other Customers, notify law enforcement
agencies/authorities, or impacted third parties of your actions.
(d) We suspend MOBY to you in the future;
(e) We reserve the right to retain or withhold any outstanding payments for a
period of up to one hundred eighty (180) days or until the resolution of
disputes or suspicions. This withholding is intended to safeguard Moby Money
against potential third-party damages or Claims. If your innocence is proven,
you are absolved of liability and you shall be entitled to receive the
outstanding amount. Should the need arise due to substantiated Claims,
Moby reserves the right to utilize the outstanding payment to fulfill such
Claim;
(f) We may revoke the Instalment Plan provided to your customer and charge
their current and/or previous nominated card(s) for all outstanding amount
at once in order to protect Moby Money’s against the risk of default. In such
event, we reserve the right to make a full or partial Reversal of the
Transaction and demand the payment of the Transaction immediately;
(f) We may report you to the relevant authorities and take legal action against you.
19. NO WARRANTY
19.1 We do not give any express warranty or guarantee as to the suitability, reliability
and/or availability of MOBY or of the content on the Website and/or application or the
goods and/or services purchased from you.
19.2 Therefore, save and except as required by law, we do not guarantee continuous,
uninterrupted or secure access to MOBY, and we make no representations or
warranties regarding the amount of time needed to complete processing of Orders or
MOBY payment transactions as it may be interfered with by numerous factors which
are outside of our control.
19.3 Notwithstanding anything to the contrary contained in this Agreement, MOBY is
provided "as is" and without any representation or warranty, whether express,
implied or statutory, including any warranty of merchantability or fitness for a
particular purpose. The Indemnified Parties specifically disclaim any implied
warranties of title, merchantability, or fitness for a particular purpose and non-
infringement.
19.4 It is hereby agreed that we do not have any form of control over the products and/or
services that are paid for with MOBY and we cannot ensure that a Customer will
actually complete the transaction or is authorized to do so.
19.5 We do not guarantee continuous, uninterrupted or secure access to any part of MOBY,
and operation of the Website and/or MOBY App as it may be interfered with by
numerous factors which are outside of our control. We hereby endeavor to make
reasonable efforts to ensure that requests for electronic debits and credits involving
bank Master Accounts, credit cards, and check issuances are processed in a timely
manner but we make no representations or warranties regarding the amount of time
needed to complete processing because MOBY are dependent upon many
factors which are outside of our control.
19.6 Certain services rendered through MOBY may not be available to you based on
residency, geographic location or other eligibility criteria.
20. SYSTEM INTEGRATION
20.1 To render MOBY to your Customers, you are required to integrate your website or
online store (“Merchant Systems”) to the Website and MOBY Merchant App.
Integration of the Merchant Systems to our Website and MOBY App may be performed
through the following:
(a) Through plug-ins. Plug-ins are tools that you may place on your website or
application systems that allow users of your website or systems to access MOBY
or the Website (“Plugins”); or
(b) Installation of the MOBY software;

20.2 For integration via plug-ins under Clause 20.1 (a) herein:
(a) Moby Money grants you a non-exclusive, non- transferable, limited licence to use
the Plugins to integrate your website and systems to the Website and MOBY App.
(b) You agree to connect the Plugins and all the MOBY software files, images
incorporated in or generated by the Plugins and any and all data and html
embedded code that accompanies the Plugins and any upgrades, enhancements
or modifications to such software and code for the integration to the Website as
required by Moby Money from time to time;
(c) You acknowledge and agree that we may use certain tools or systems to track,
extract, compile, aggregate and analyse any data or information resulting from
use of a Plugin. By virtue of providing MOBY to your users of website, you hereby
agree to the use of such tools or systems. In the event you object to our use of
any of the foregoing tools or systems, your sole recourse is to stop using the
Plugins and remove the Plugins from your website or systems.
(d) You agree that the Plugins are provided "as is" without warranty of any
kind, expressed or implied and the use of the Plugins are at your sole
risk. We do not guarantee the functioning of the Plugins with any third
party plugins, themes or with all web browsers or hosts or that the
Plugins will not disrupt the normal operations of your website or
application systems or that it will not cause any file corruption or loss of
data.
(e) In order for the Plugins to function, you agree and undertake to ensure your
website and application match our requisite requirements and specifications that
are required for our Plugins.
(f) You hereby agree and accept that Moby Money or its employees or agents shall
have no liability whatsoever for any Claims arising from your use of the Plugins
or your failure to connect the Plugins to your website or application.
20.3 For integration via installation under Clause 20.1 (b) herein:-
(a) Moby Money shall supply and install the MOBY software on your website or
application subject to a certain installation fee which shall be communicated by
Moby Money to your prior the installation. You agree to pay such fees within
thirty (30) days of the successful installation of the MOBY software on your
website or systems;
(b) You shall provide Moby Money’s employees or agents with adequate access to
the backend of your website or application systems and any other relevant
information, portals, sites, subdomain in order for Moby Money to install the
MOBY software;
(c) You agree and accept that the installation of the MOBY software may result in
the modification of your computer's systems files;
(d) Moby Money does not represent, warrant nor covenant that such installation or
modification will not disrupt the normal operations of your website or application
systems or that it will not cause any file corruption or loss of data;
(e) You hereby agree and accept that Moby Money or its employees or agents shall
have no liability whatsoever for any Claims resulting from the installation and/or
from your use of the MOBY software or file modifications. Moby Money is not
responsible for returning your computer to its original configuration prior to
installation.
(f) You hereby agree to install or allow Moby Money to install any updates or
enhancement to the MOBY software as determined by Moby Money from time to
time.
20.4 The use of the Plugins and MOBY software is subject to Clause 24 of this Section III
(Intellectual Property).
21. INDEMNITY
21.1 You agree to fully indemnify, protect, defend and save and hold harmless, at your own
expense the Indemnified Parties from and against Claims arising out of, resulting from or
in connection with your acts, negligence or omissions, in the performance or non-
performance of this Agreement.
21.2 Each Party agree to fully indemnify, protect, defend and save and hold harmless, at its
own expense, the other Party against any and all Claims, arising the either party’s own
Consequential Loss.
21.3 To the extent permitted under Applicable Laws, Moby Money excludes its liability and
shall not be liable to you for any Claims in respect of the following: -
(a) any transaction you make with Customer;

(b) failure by you to protect your password or Master Account;
(c) failure by you to integrate with our Website and/or MOBY App;
(d) any cessation or interruption in MOBY (or any features within MOBY) due to
your direct or indirect acts, negligence or omission;
(e) any suspension or refusal by banks to accept payments which we reasonably
believe to be made fraudulently or without proper authorization.
21.4 Notwithstanding anything else to the contrary in this Agreement, the Parties agree
that Moby Money’s aggregate liability under this Agreement, in respect of all and any
Claims limited to and shall not exceed RM 5,000.00, and you shall save, indemnify,
defend and hold harmless the Indemnified Parties from and against any and all Claims
in excess of the Moby Money’s total aggregate liability as stated herein. This
limitation of Moby Money’s liability and indemnity from you shall apply irrespective
of cause and notwithstanding the negligence or breach of duty (whether statutory or
otherwise) of Moby Money or of any other entity or party.
22. TERMINATION
22.1 This Agreement may be terminated in accordance to the relevant provisions under of
this Agreement, including but not limited to any applicable provisions under Section
III, Clauses 2.1, 5.1, 12.2, 14.4, 17.2, 17.3, 17.5, 18.3 of Section III or any
termination provision as provided under Section II, Schedules and/or Addendum to
this Agreement.
22.2 We also reserve the right to discontinue any or all aspects of the MOBY or to restrict
your use of MOBY in whole or in part or terminate this Agreement without prior notice
(and without cost to us) for:-
(a) any breach of this Agreement by you at any time;
(b) if we determine in our sole and exclusive discretion that terminating your use
of MOBY is necessary for security reasons;
(c) proper continued operation of MOBY or for any reason that is deemed
appropriate by us;
(d) if your use of MOBY is not for a legitimate business purpose, thereby violating
any rules or regulations; or
(e) if we receive information that the use of MOBY (or any part thereof) may
possibly violate any third party right.
22.3 Either Party may at any time, terminate this Agreement without cause or justification,
by giving the other Party thirty (30) days’ advance written notice.
22.4 In the event this Agreement is terminated by us, we shall be entitled to the following:
(a) any accrued but unpaid fees for services rendered up to the date of termination;
(b) any accrued but unpaid expenses required to be reimbursed under this
Agreement;
(c) all amounts owing to us.

22.5 You may terminate this Agreement by giving at least thirty (30) days’ advance written
notice to us.
22.6 All rights and licences conferred upon the Merchant, under this Agreement shall be
immediately terminated upon termination of this Agreement.
22.7 Upon termination of this Agreement:
(a) MOBY shall no longer be provided to you;
(b) Your integration with the Website and MOBY App shall be removed
including but not limited e-Commerce Plugins, APIs, relevant codes and
your Static QR Code;
(c) Your Master Account and all Sub-Master Accounts will be terminated;
22.8 You undertake to do the following to facilitate the offboarding process by:-
(a) inform your Customers that you will no longer provide MOBY as an alternative
payment solution. Emphasis should be made that any outstanding Instalment
shall remain payable and that Moby Money reserves any (implied or express)
rights accrued under this Agreement shall be enforceable by Moby
Money against the Customers;
(b) remove all Marketing Materials that indicate the provision of MOBY on your
Merchant’s Systems and Stores and if requested by Moby Money, return any re-
usable Marketing Materials previously provided by Moby Money.
Accrued rights and liabilities
22.9 Termination of this Agreement shall in no circumstances affect:

(a) the accrued rights, obligations or liabilities of the Parties on the date of
termination;
(b) the Transactions already transacted prior to the date of termination;
(c) the Merchant’s obligations to fulfill its obligations in supplying, delivering and
performing the Orders to the Customer; and/or
(d) the validity of any other agreement, arrangement and transaction made
between the Merchant and Moby Money.
23. RELEASE
23.1 In the event dispute arises between you and one or more Customers, you hereby
agree to release Indemnified Parties from any and all Claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes.
23.2 By entering into this release, you expressly waive any protections which would
otherwise limit the coverage of this release to include only those claims which you
may know or suspect to exist in your favour at the time of agreeing to this release.
24. INTELLECTUAL PROPERTY
24.1 The information on the Website and/or MOBY App is for information purposes only
and is subject to our change without notice.
24.2 The Website and/or MOBY App, and all contents therein, Plugins and the MOBY
Software shall belong solely and exclusively to Moby Money or its licensors.
24.3 You shall not copy, imitate, modify, alter, amend and/or use without our prior written
consent any URLs representing the Website and/or MOBY App, or any of our content,
logos, graphics, icons or other content published on the Website and/or MOBY App
or in our printed media.
24.4 Neither Party will gain by virtue of this Agreement any rights of ownership of
Intellectual Property Rights owned by the other or in each other’s Marketing
Materials.
24.5 If you are using our software including but not limited to MOBY software, or other
authorised software application related to MOBY that you have downloaded to your
computer, device, or other platform to enable the proper use of MOBY, we hereby
grant you a revocable, non-exclusive, non-transferable limited license to use our
software in accordance with the requirements set forth under Communications. This
license grant includes the software and all updates, upgrades, new versions and
replacement software for your personal use only. You may not rent, lease or
otherwise transfer your rights in the software to a third party. You must comply with
the implementation and usage requirements contained in all our Communications
accompanying MOBY.
24.6 In the event that you do not comply with our implementation and usage
requirements, you shall be liable for all resulting damages suffered by us and any
third parties. We may change or discontinue the usage of the MOBY software, any
APIs upon giving notice to you. You hereby agree not to alter, reproduce, adapt,
distribute, display, publish, reverse engineer, translate, disassemble, decompile or
otherwise attempt to create any source code that is derived from the software. You
acknowledge that all rights, title, and interest to the MOBY software are owned by
us.
24.7 Any third party software application that you use on the Website and/or MOBY App
is subject to the license that you have agreed to with the third party which provides
you with this software. We do not own, control nor have any responsibility or liability
for any third party software application that you have elected to use on the Website
and/or MOBY App and/or in connection with MOBY.
24.8 In providing content or posting content using the Website or MOBY App, you hereby
grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
transferable, and sublicensable (through multiple tiers) right to exercise any and
Intellectual Property Rights you have in the content, in any media known now or in
the future. Further, to the fullest extent permitted by applicable law, you hereby
agree to waive your moral rights and you undertake not to assert such rights against
us, our sublicensees or assignees.
24.9 Any database, or software that is altered, conceived, made, or developed in whole
or in part during the development of the Website and/or MOBY App by Moby Money
(including any developed jointly with you) during or as a result of our relationship
with you shall become and remain the sole and exclusive property of Moby Money.
You agree to make no claim in the rights or ownership of any such form, database
or software.
24.10 You represent and warrant that none of the following shall infringe any intellectual
property or publicity right: your provision of content or Marketing Material to us,
your posting of content using MOBY, and use of such content and Marketing
Materials by Moby Money (including of works derived from it) in connection with
MOBY. You shall be liable for and shall save, defend, indemnify and hold harmless
the Indemnified Parties against all Claims in respect of infringement of any
Intellectual Property Rights arising from the enjoyment by Moby Money, its
Affiliates, third party service providers and/or Customers of your content and
Marketing Materials. This condition shall remain binding on you notwithstanding the
expiry or termination of this Agreement.
24.11 You hereby grant us a worldwide, non-exclusive, transferable, sublicensable

(through multiple tiers), and royalty-free right to use and display publicly, during
the term of this Agreement, your Intellectual Property for the purpose of (i)
identifying you as a Merchant that accepts MOBY as a form of payment, and (ii)
any other use to which you specifically consent.
24.12 You hereby agree that the MOBY software, in source code form, remains a
confidential trade secret of the affiliates of Moby Money and therefore you agree
that you shall not modify, decompile, disassemble or reverse engineer the software
or attempt to do so. You agree to refrain from disclosing the software (and to take
reasonable measures with its employees to ensure they do not disclose the
software) to any person, firm or entity except as expressly permitted.
25. ASSIGNMENT
25.1 No rights or interest of the Merchant in this Agreement shall be assigned without Moby
Money’s written permission.
25.2 We may transfer or assign this Agreement, and any rights hereunder, to a third
party without prior notice being given to you or without your consent, save and
except where the transfer or assignment shall detrimentally affect your rights
under this Agreement (in which we shall seek your consent prior to transfer or
assignment, wherein consent shall not be unreasonably withheld).
25.3 For the avoidance of doubt, you hereby acknowledge that no assignment by us to
another person of any amount that you owe to us shall require your consent or
notice being given to you.
26. DATA PROTECTION
26.1 The Parties shall at all times comply with all obligations imposed by the Personal
Data Protection Act 2010 (“PDPA”) and any other foreign data protection laws that
may be applicable to the Parties, (collectively “Data Protection Laws”) relating to
matters of data protection, privacy and security.
26.2 You also hereby represent and warrant that you have in place adequate data
privacy policy and processes to ensure you comply with the PDPA.
26.3 Where you are required to furnish Moby Money with personal data of a data subject
(as defined under the PDPA 2010, you hereby warrant that you have taken all
steps required under the PDPA 2010 to ensure that any such data subject is
notified and consents to the same, and to Moby Money: (i) processing such
personal data; and, (ii) where necessary, disclosing such personal data to Moby
Money and the relevant third parties; in each case only to the extent required to
use such data for the purpose for which it was shared and as permitted by PDPA
2010.
26.4 You agree and consent that we may directly or through third parties, make any
enquiries we may consider necessary to validate your identity, check your credit
report or credit score through a registered credit reporting agency and conduct
further credit assessment throughout the term of this Agreement. You also further
agree and consent that we may collect, process and disclose your credit data that
are made available to us through your company’s or your director’s credit report,
payment behaviour, income or revenue amount, proof of income such as bank
statement and other income statement to relevant third parties our internal credit
risk assessment and to render MOBY Services to you. Your credit data may also
be processed for the purposes of performing analytics that will be used to enhance
our risk assessment process.
26.5 The Merchant warrants and represents to Moby Money that the Merchant had
obtained consent from its directors, relevant managers, officers, partners and
shareholders, to disclose their personal data to Moby Money in connection with
the Agreement.
26.6 You agree to fully indemnify, protect, defend and save and hold harmless the
Indemnified Parties, against any and all Claims in respect of your failure to comply
with Data Protection Laws and any infringement by Moby Money of any Data
Protection Laws due to your action or omission.
26.7 If you receive personal data about a Customer through MOBY, you are duty bound
to keep the personal data confidential and shall only use it in connection with
MOBY. You shall not disclose and/or distribute a Customer's personal data to a
third party or use the Information for marketing purposes unless you receive the
Customer's express consent in writing to do so.
27. GENERAL
27.1 Entire Agreement. The Agreement constitutes the entire agreement between the
Parties hereto with respect to the subject matter of this Agreement and supersedes
all prior negotiations, representation or agreements related to your engagement
of MOBY, either written or oral.
27.2 Notices. Notices under this Agreement may be delivered by hand, by courier or
by email to the address, fax numbers or email address specified in Appendix C
or to any other addresses, or email addresses as may be notified in writing by
one party to the other from time to time or in the case of Merchant;
communicated to the Merchant’s key authorised person as listed in the contact
details as updated in the Merchant Account or Sub Account.
27.3 Any notice required or permitted to be given hereunder shall be in writing and
shall be deemed delivered:
i. in the case of delivery by hand, upon written acknowledgement of receipt by

the duly authorised employee, agent or representative of the receiving Party;
or
ii. in the case of courier, upon proof of delivery by the courier company; or
iii. in the case of email, upon completion of such transmission unless there is an
auto-return e-mail specifying that the e-mail was not successfully delivered.
(a) Variation. Moby Money may amend the terms and conditions of this Agreement. Any
general amendment to the terms and conditions will be communicated to you via a
written notice served to the email of your appointed representative as stipulated
under Section I or via notification prompts in the Website and/or MOBY App for you
to read and review the Agreement. The amendments shall be considered binding
unless you notify your disagreement of the amendments in writing within seven (7)
days from the date the amendment is communicated to you in which case any
negotiation of the amendment will be evidenced in writing and signed by the Parties.
Notwithstanding the foregoing, if Moby Money deems fit, it shall enter into a separate
addendum regarding any amendment that may materially or specifically affect your
Master Account i.e payment of your Transaction Fee/Preferential Rate/Standard Rate,
Processing Fee, Chargeback Fee, Setup Fee, Annual Fee and or collection of products,
Refund, Reversals.
(b) Severability. In the event that any provision of this Agreement, or a portion thereof,
shall for any reason be held invalid, illegal or unenforceable to any extent, the Parties
shall negotiate in good faith, amendments to this Agreement to reflect as closely as
possible the original intent of the Parties. Such invalid provision or portion thereof
shall be severed from the remaining provisions, in which shall continue to be
unimpaired, valid and enforceable to the fullest extent permitted by Applicable Laws.
Notwithstanding the foregoing, if any part of this Agreement is held by a tribunal or
courts of Malaysia to be invalid or unenforceable, the validity of the remainder of it
shall not be prejudiced thereby. Parties hereby agree to substitute, for any invalid
or unenforceable provision, a valid and enforceable provision, which achieves
to the greatest possible extent the Parties' original intent as well as the
economic, legal and commercial objectives of the invalid or unenforceable
provision.
(c) Electronic Execution: If this Agreement and/or any part thereof is in electronic
form, the Parties agree to use an electronic signature service provided by a validly
existing service provider for the purpose of signing this Agreement. The Parties
further agree that signatures shall be treated with the same legal force and effect as
if such signatures were written by hand, and shall not be denied legal validity solely
due to the fact that the signature is in electronic form.
(d) Communications. You agree to receive all Communications from Moby Money in an
electronic form. Communications will be posted on the said Website/or MOBY App
(where permitted under this Agreement) and/or sent to your email address as
provided under Section I of this Agreement. In addition to the above, you agree to
receive all Communications from Moby Money via other electronic methods of
communication, including but not limited to text messages using the contact details
listed in your Merchant Registration Form or your Merchant Account.
(e) Anti Bribery. Parties agree that they will not directly or indirectly in any way that
relates to this Agreement:
(a) give, offer, pay, promise or authorise any financial or other advantage or
anything else of value to any other person or organisation (including, without
limitation, giving or offering anything of value to a person that performs a
function or activity that (i) is of a public nature (e.g. where the person acts in
his capacity as a government official or representative or a political party official
or candidate for political office, or to anyone acting on behalf of a public
international organisation, or is employed by a government-owned or controlled
company), or (ii) is connected to a business performed in the course of an
employment for another private commercial company or includes acting on
behalf of a body of persons, with the intent to exert improper influence over
the recipient, induce the recipient to violate his or her duties, secure an
improper advantage, or improperly reward the recipient for past conduct,
otherwise be involved in any activity, practice or conduct that would be in
breach of Applicable Laws including but not limited to ethics and anti-corruption
and/or which would constitute an offence under any Applicable Laws in relation
to ethics and anti-corruption or similar offences (including, without limitation,
the Malaysian Anti-Corruption Commission Act 2009);
(b) do anything which would result in a breach or violation of any Applicable Laws
including anti-trust or anti-competitive behaviour, economic sanctions and/or
export controls procedures and requirements;
(c) offer, promise, pay, give, authorise, request or receive an improper advantage,
or accept an offer thereof, in connection with a position, office or assignment;
(d) request, receive or accept, for the benefit of itself or anyone else, any financial
or other advantage, or anything else of value, as an inducement or a reward
for violating a duty of loyalty to the other Party, or improperly performing a
function that relates in any way to the Agreement or to the other Party.
28. GOVERNING LAW
28.1 The Agreement and any dispute or claim arising out of or in connection with it or
its subject matter or formation (including non-contractual disputes or claims) shall
be governed by and construed in accordance with the laws of Malaysia.
28.2 Subject to the provisions of Clauses 30.2 and 30.3 of this Section III, the Parties
submit to the exclusive jurisdiction of the Malaysian Courts.
29. SURVIVAL
29.1 Termination of this Agreement, howsoever arising, shall not affect or prejudice any
terms of, or rights conferred by this Agreement which are either expressly or by
implication intended to come into effect or continue in effect after such expiry or
termination. Any provision of this Agreement which expressly or by implication is
intended to continue to remain effective on or after termination of this Agreement,
shall survive the termination of this Agreement.
30. DISPUTE RESOLUTION
30.1 Any dispute, controversy or claim between the Parties in connection with or arising
out of the Agreement shall initially be referred to the Parties’ respective
representatives who shall discuss the matter in dispute and use reasonable efforts
to reach an agreement within thirty (30) days.
30.2 In the absence of agreement being reached on a particular dispute in accordance
with Clause 30.1 above, the Parties shall settle the dispute in accordance with the
arbitration rules of the Asian International Arbitration (“AIAC”) in force as at the
date of this Agreement (the “Rules”), which Rules are deemed to be incorporated
by reference into this Agreement.
30.3 Where arbitration proceedings commence in accordance with Clause 30.2 herein,
the appointing authority shall be the AIAC which shall also administer any
arbitration commenced under this Agreement, such administration also to be in
accordance with the Rules. The number of arbitrators shall be three; the seat of
arbitration shall be at Kuala Lumpur, the Parties may agree for the hearing to take
place at any convenient location. The language to be used in the arbitral
proceedings shall be English. The decision of the arbitrators shall be final and
binding upon both Parties and, where arbitration has been commenced or
completed; neither Party shall seek recourse to a law court or other authority to
appeal for revisions of the decision.
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SECTION IV: FEES & PRICING
Moby Services Standard Rate Promo Rate

(per transaction) (% per transaction)
Moby Checkout – Payment Gateway

Credit Card Online 2.2% 1.2%
Debit Card Online 1.3% 1.0%
Foreign Cards 2.8% 2.8%
(Online/Offline)
FPX/ OBW B2C 1.5% or RM0.10 1.2% or RM0.10
FPX B2B RM2.50 RM 2.00
Ewallets 1.6% 1.5%
Moby Insure
Free Shipping Insurance for 1st Year (Subject to Nature of Business)
Fees will be applicable from 2nd Year onwards which will be communicated to the
Merchant in writing.
SmartPay Virtual Cards Terminal
Credit Card Offline 1.5% 1.2%
Debit Card Offline 1.3% 1.0%
Foreign Cards (Online/ 2.8% 2.8%
Offline)
Physical Terminal *
Ewallets 1.2% 0.95%
Moby BNPL**
BNPL 2 & 3 split 5.5% + RM1 4.5% + RM 1
BNPL 6 split 7.0% + RM1 6.5% + RM1
Moby BNPL**
BNPL 2 & 3 split 5.5% + RM1 4.5% + RM 1
BNPL 6 split 7.0% + RM1 6.5% + RM1
Additional Fees
Setup Free RM500
(RM250 Cashback)**
Annual Free
Notes
* Physical Card terminal has an additional annual fee of RM 500
(Waived for monthly card transactions of RM 12,500 and above
** BNPL Promo Rates are applicable only if Merchant is exclusive with

MOBY
Settlement Terms 1. Currency: Malaysian Ringgit (MYR)

2. Settlement term for all Moby Services is T+2 working days
except for E-wallets & FPX which will be on a weekly basis
3. Settlement time is only applicable for all undisputed payments due
to Merchant
Minimum settlement amount is RM100.00. Moby Money shall only
settle once Merchant’s settlement amount exceeds RM100. Merchant
shall be subject to RM2.00 administration fee for any settlement below
RM100 within the applicable settlement time provided above.
Chargeback Fee 1% of the Chargeback Amount

plus Sales and Services Tax (if applicable)
Appendix A Prohibited Business & Activities
Pornography & Adult Paraphernalia: Pornographic materials experiences, and digital content
(magazines, books, videos etc) adult sex toys, prostitution, escort services, massage parlours,
sexual enhancement supplements, and the same.
Cosmetics/Pharmaceuticals: Medicines or supplements with untested ingredients, or

ingredients that may pose a risk to health. Illegal drugs and substances (or substitutes), and
products typically used for manufacturing such items, products or services associated with illegal
drugs, substances designed to mimic illegal drugs, medicines that need physician or pharmacist
prescription. Only products, supplements, pills, tonics that are approved by the Ministry of
Health (MOH) are excluded from this list. In this instance the Merchant must provide a written
declaration confirming that the products are registered with MOH.
Schemes: Products/services that are deemed to mislead or deceive consumers, or that are in
direct or indirect breach of consumer protection laws, such as, products/services that are related
to pyramid schemes, ‘get rich quick’ schemes, penny auctions, Ponzi schemes or products/services
that promote dishonest/misleading marketing, distribution, and/or sales.
Illegal goods/items: Weapons, firecrackers, ammunition, explosive materials, or instructions on

making explosives, soft air gun, recreational drugs, or equipment to facilitate drug use, products,
services, or practises which are intended to cause, danger, injury or suffering to humans or animals
(exotic animal ornaments, medicinal products that are derived from endangered animals or species),
seditious materials, and the same.
Goods that infringe Intellectual Property: fake goods, counterfeit goods (goods that are made
or sold under another's brand name without the brand owner's authorization), pirated
goods/content, and the same.
Illegal Gaming: Gambling related content, betting or lotteries without appropriate license as
required by law, and the same
Consultancy Services: Financial management or financial services provided without appropriate

licenses as required by law, for example, unlicensed legal, audit and Master Accountancy services.
Moby Money at its absolute discretion may reject the application of a Merchant if in its
judgement or opinion, the Merchant’s products/services are deemed to:
i. violate any applicable laws
ii. endanger animals and/or humans
iii. encourage crime or may directly/indirectly support illegal activities such as terrorism,
money laundering, corruption, tax evasion, human and animal trafficking, and the same
iv. support socially unethical causes such as gender, racial, and minority discrimination,
amongst others
v. perpetuate hate, violence, and prejudice
vi. have been derived through inhumane practices and violations of human and animal
rights.
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Appendix B – Merchant Registration Form
All terms and conditions stipulated in the Merchant Registration Form or in any other documents made
available to the Merchant during the merchant registration process shall constitute part of the Agreement
and therefore shall be binding on the Merchant.
Appendix C - Particulars
Item Descriptions Particulars
1. Date of this
Agreement
2. Moby Notice Name: Moby Money Sdn Bhd

Details
Company No.: 201901032761 (1342091-H)
Business Suite 6.02, Penthouse, Wisma Academy, No

Address: 4A, Jalan 19/1, 46300, Petaling Jaya,
Selangor, Malaysia
Tel No.: 018-236 7633
Attention: Legal Department
Email Address: [email protected]
3. Merchant Name:
Company No.:
Business
Address:
Tel No.:
Attention:
Operations Hp
No.:
Email Address:
4. Merchant’s Bank’s Name:

Bank Account
Account Holder:
Account No.:
SCHEDULE 1: TERMS AND CONDITIONS GOVERNING MOBY’S BUY NOW PAY LATER
SERVICES
The following Terms and Conditions (“Terms”) and the Merchant Agreement shall govern
Merchant(s) engaging MOBY’s Buy Now Pay Later services (“BNPL Services”).
These Terms and Conditions form a legal agreement that is binding between the Merchant, Moby
Money.
Merchant agrees to be bound by these Terms by virtue of choosing the SmartPay option in the
Merchant Application Form by signing the Merchant Agreement and by accessing or using the BNPL
Services (whichever is earlier).
“Instalment Plan” The deferred interest free payment plan up to six

(6) months or any extended term offered to
Customers based on their eligibility subject to Moby
Money’s credit assessment, checks and
verifications, for the payment of an Order through
MOBY.
“Pay Now” Means one of the product feature under MOBY that
allows a Customer to pay for the Order in full during
the checkout rather than splitting the order amount
through an Instalment Plan.
“Preferential Rate” means discounted Transaction Fee offered by Moby

Money to the Merchant for entering into an
exclusive/special marketing arrangement/or any
other special commitment as agreed by the
Merchant under this Agreement.
1.1 MOBY is a payment method and/or solution that enables the Customer to place an Order
and pay for the goods and/or services purchased from the Merchant vide the Website or
the MOBY App through the Instalment Plan offered or the Pay Now feature.
1.2 When a Customer chooses to pay using an Instalment Plan offered to the Customer,
Moby Money makes the payment for the purchase price amount upfront on behalf
Customer to the Merchants and recover the equivalent purchase price amount from the
Customer via the deferred term.
1.3 MOBY serves as a third party service provider to the Merchant in the purchase process
between Customer and the Merchant, thereby enabling the Merchant to offer an
Instalment Plan and Pay Now to the Customers under a factoring arrangement as further
described under Clause 2.
1.4 Payment acceptance for a Transaction through MOBY constitutes a binding agreement
by you, the Merchant, to provide and deliver the Order to the Customer.
1.5 For the avoidance of doubt, the MOBY does not constitute a lending or credit facility and
Moby Money does not provide any credit to you or to Customers under this Agreement.
1.6 The Instalment Plan and Spending Limit to purchase Orders using MOBY are granted to
the Customer based on the Customer’s credit risk profile, and upon performing any other
checks and assessment as deemed necessary by Moby Money to ascertain the
Customer’s capacity to repay the outstanding amount under an Instalment Plan. Moby
Money reserves its right to only allow a Pay Now feature or prohibit the provision of
MOBY services to the Customer altogether if Moby Money in its reasonable opinion or
through the outcome of its checks and assessments deems the Customer to have high
likelihood or propensity to default in repayment.
1.7 Moby Money shall not be liable for any Claims in any way resulting from Moby Money’s
refusal to grant an Instalment Plan or Spending Limit or the amount thereof to a
Customer on the ground stipulated under Clause 1.6 above.
1.8 If we deem you to be a ‘High Risk’ Merchant upon our assessment of your risk profile,
we reserve the right and you agree for us to do the following:
(a) immediately amend your Settlement Term to a longer period by providing two
(2) days prior notice;
(b) limit the Instalment Plan offered to your Customers to a shorter tenure;
(c) request a deposit from you or retain a certain portion of your Settlement (solely to be
determined by Moby Money at its absolute discretion) as a surety to offset any
defaults in repayment by Customers;
(d) impose the payment of a higher percentage of the Transaction value for the first
Instalment Plan at the checkout on the Customer;
2. FACTORING ARRANGEMENT BETWEEN PARTIES
2.1 Parties hereby agree that MOBY is rendered to the Merchant on a factoring basis
whereby Moby Money is the ‘factor’ whom purchases the invoice or the receivables of
the Merchant in consideration of the Transaction Fee/Preferential Rate charged to the
Merchant. For the avoidance of doubt, this Merchant Agreement shall not be deemed
or constitute a lending or credit facility.
2.2 Subject to the provisions of this Agreement and pursuant to the factoring arrangement
between Parties as stipulated above, the Merchant hereby agrees to:-
(a) offer to sell upon the terms and conditions set out herein all invoices or
receivables with regards to Orders from time to time owing to the Merchant by
Customers;
(b) and subsequently assign all the Merchant’s interest right, title, benefit to collect
the payment of the Receivables (“Receivables”) and all remedies enforcing the
same, including, without limitation of the foregoing, any right of lien, or otherwise
arising in the Merchant’s favour as unpaid seller in relation to the Orders to Moby
Money.
2.3 Moby Money agrees to purchase the Receivables and assume the risk of collection of
the Receivables from the Merchant. Notwithstanding the foregoing, Moby Money at its
absolute discretion reserves the right to reject the purchase of a particular Receivable
or otherwise NOT provide MOBY to a Customer if the Customer:-
(a) Is deemed to be not creditworthy by Moby Money;
(b) Is suspected for fraud;
(c) Did not pass any internal checks and assessment;
2.4 The Merchant must forthwith give clear notice in writing to its Customers regarding
MOBY, that the Receivables has been assigned to Moby Money and that Moby Money
shall have the rights to collect the payment from the Customers by virtue of the
factoring arrangement between the Moby Money and the Merchant.
2.5 Moby Money shall have the sole exclusive right of collecting and enforcing payment of
every Receivable in Moby Money’s sole name and the Merchant shall not collect and
enforce payment of the same except at Moby Money’s request in writing.
EXCLUSIVE BNPL MERCHANTS
(as applicable)
DEFINITIONS
Any capitalised terms other than the one(s) additionally defined under this Schedule, shall carry
the same meaning as provided under ‘Definitions’ of Section III of this Agreement:
“Exclusivity Period” Means the duration of the exclusive engagement of MOBY by you which shall
be for a period of twenty four (24) months from the Effective Date. The foregoing period shall be
subject to an automatic extension until the termination of this Agreement if there is no written
notice from you to cancel the exclusivity arrangement at least thirty (30) days prior to the
conclusion of the said twenty-four (24) months and provided there is no objection to the extension
from us to you in writing.
Merchant agrees to engage Moby Money for its provision of MOBY on an exclusive basis during the
Exclusivity Period and therefore you represent, warrant and undertake to NOT work with other
service providers or parties that provide goods and/or services similar to MOBY (with the exception
to Moby Money’s Affiliates) (“Exclusivity”).
Merchant hereby also agrees that this arrangement is not mutually exclusive and therefore nothing
in the foregoing shall be construed to prohibit Moby Money from engaging or onboarding other
Merchants that provide similar goods and/or services as you.
Merchant hereby acknowledges and confirms that your decision to exclusively work with Moby
Money is based on your independent consideration and assessment of MOBY without any coercion
or inducement from either Moby Money, its Affiliates or any other third party affiliated with Moby
Money.
In consideration of Merchant’s exclusive engagement of Moby Money for its provision of MOBY
during the Exclusivity Period, you are entitled to a lower Transaction Fee as stipulated under Section
IV of this Agreement (“Preferential Rate”) for each MOBY payment transaction made during the
Exclusivity Period and any extensions thereof. Moby Money reserves its right to adjust the
Preferential Rate subject to changes in market conditions from time to time by giving you thirty
(30) days advance notice. For the avoidance of doubt, Transaction Fee shall not apply to you during
the Exclusivity Period or any extensions thereof.
In the event you breach the terms of exclusivity as stated above during the Exclusivity Period or
any extensions thereof, we reserve the right to suspend your Merchant Account and claim the
shortfall amount between the prevailing Transaction Fee that is applicable to Merchants who engage
Moby Money for the provision of MOBY on a non-exclusive basis at that time and the Preferential
Rate for all prior payment transactions that has occurred before the breach which shall become
immediately due and payable. You shall pay the accrued sum within thirty (30) days from the date
Moby Money serves a notice claiming the amount of the breach. Conditional upon you paying the
dues within the said thirty (30) days, Moby Money at its discretion may allow the continuation of
this Agreement subject to the prevailing Transaction Fee for the remaining term of this Agreement.
If you have requested for the withdrawal of the exclusivity after the Exclusivity Period, the
Preferential Rate shall no longer apply and you will be automatically subjected to the prevailing
Transaction Fee that is applicable to Merchants who engage Moby Money for the provision of MOBY
on an non-exclusive basis at that time or any other rate that we deem fit based on our assessment
of your MOBY transactions during the Exclusivity Period, for the remaining term of this Agreement.
Merchant may terminate this Agreement by providing thirty (30) days notice in the event you are
not agreeable to the new Transaction Fee imposed.
SCHEDULE 2: TERMS AND CONDITIONS FOR MOBY SMARTPAY
SERVICES
(as applicable)
The following Terms and Conditions (“Terms”) and the Merchant Agreement shall govern
Merchants who engage MOBY’s SmartPay services.
Merchant agrees to be bound by these Terms by virtue of choosing the SmartPay option in the
Merchant Registration Form and/or by accessing or using MOBY’s SmartPay services.
Moby Money may at any time amend this Schedule without notice. The Merchant is encouraged to
periodically review the Terms and Conditions related to SmartPay on the MOBY’s website to ensure
that Merchant complies with this Schedule.
Definitions
Any capitalised terms other than the one(s) additionally defined under this Schedule shall carry the
same meaning as provided under ‘Definitions’ of Section III of the MOBY Merchant Agreement.
“Card” means a Contactless Credit Card, Master Card, MyDebit Card, Visa Card or any credit, debit,
prepaid or charge card duly issued pursuant to the Rules or any other card associations for which
the issuing bank or the service partner has agreed to provide Card processing services pursuant to
this Agreement;
“Contactless Credit Card” means a credit card incorporating the Contactless Feature;
“Contactless Feature” means a feature incorporated into the Contactless Credit Card which allows
a Customer to pay for goods and/or services by tapping on or waving the Contactless Credit Card
at a Contactless Terminal;
“Contactless Terminal” means any mobile phone, contactless readers, devices that are used by
Merchants to facilitate the processing of payments using Cards;
"Customer/Cardholder" means the person who is issued with or authorised to use a Card;
"Card Transaction" means the transaction by which a purchase is made by a Customer by the use
of a valid Card or Contactless Credit Card;
“Service Partner” means Service Partner or service provider that Moby Money partners with to
provide the SmartPay services.
"SmartPay" means to the Near Field Communication (NFC) enabled application and rendered by
MOBY or in collaboration with its service partner that allows merchants to receive payments from
customers in Malaysia through Contactless Terminal.
1. Application and Eligibility
1.1. To be eligible to use MOBY’s SmartPay services, Merchant must be a locally registered
business in Malaysia and hold an active bank account in Malaysia.
1.2. Merchant hereby represents and warrants:
(a) that it has obtained all necessary licenses, approvals, authorisations and/or consents
from all relevant governmental and regulatory authorities for it to operate the
business of providing goods and services to its customers including to conduct
business through its Stores and that it has fully complied with and shall continue to
fully comply with all applicable laws and regulations governing its business;
(b) that the Merchant is not designated by the United States as a country, entity or
individual with which it is prohibited to do business (“prohibited country, entity or
individual”) including without limitation, any entity or individual on the Office of
Foreign Assets Control of the US Department of Treasury List (“OFAC List”) and the
Merchant is not owned or controlled by a prohibited entity or individual, that the
Merchant will not be doing business in any prohibited country; the Merchant
understands and agrees that Moby Money reserves the right to terminate this Terms
and the Merchant Agreement with immediate effect the merchant has in the event
the Merchant becomes resident or commences to do business in any prohibited
country or is listed on or becomes owned or controlled by a prohibited country, entity
or individual;
(c) that all Card Transactions and all records, data and information submitted are to the
best of its knowledge true, accurate, valid, genuine and correct;
(d) to fulfill all orders for goods and/or services sold by the Merchant to its Customers and
to be solely responsible for dealing with any dispute of whatsoever nature which may
arise with respect to any goods and/or services sold or supplied and/or any matters
or arrangement herein and to resolve such dispute directly with the Merchant’s
customers, the Merchant shall indemnify Moby Money and its service providers fully
from and against all losses, damages, claims, liabilities, costs, fees and expenses
whatsoever arising from any dispute between the Merchant and its customers;
(e) that all transactions shall be in Malaysia currency;
(f) that it has provided accurate information on the Merchant’s business including but
not limited to trading name, description of goods sold and services provided in the
Merchant Registration Form;
(g) that its Channels contains the following information:

(i) a complete description of the goods or services offered under SmartPay;
(ii) the price of the goods and/or services and the currency of the price;
(iii) the Merchant’s policy of returns and refunds of the goods and services
offered (if applicable);
(iv) export restrictions relating to any goods or services (if any);

(v) the Merchant’s customer service contact (electronic mail address and
telephone number);
(vi) the Merchant’s delivery policy;
(vii) Marketing Materials that indicate the acceptance of SmartPay by Merchant.
1.3. Moby Money reserves the right to reject Merchant’s use of SmartPay services at anytime
and at Moby Money’s sole discretion.
1.4. Upon approval, Moby Money or its service provider will provide the Merchant with access
credentials to use SmartPay services. Moby Money shall not be responsible for any loss,
misuse, modification, unauthorised, accidental access or disclosure, alteration or
destruction of Merchant’s data arising from shared credentials or Merchant’s failure to
protect and secure the confidentiality of its access credentials.
2. Use of SmartPay
2.1. The SmartPay service enables Merchants to accept payments from Customers using NFC-
enabled devices and the SmartPay mobile application. You may download the application
to your smartphone for payment acceptance using SmartPay. SmartPay accepts any
contactless credit and debit cards bearing the Visa, MasterCard and MyDebit logo.
2.2. Merchant shall accept and honour without discrimination valid Cards properly tendered for
use, without imposing any conditions not required by Moby Money or Service Partner,
including but not limited to the charging of a premium, surcharge or the fixing of a
minimum limit for such use or by allowing a discount or other incentive for the use of
another means of payment.
2.3. Merchants shall follow the instructions provided by Moby Money which includes but not
limited to instructions or information provided via the SmartPay application, FAQ, MOBY
website, circulated documents, Marketing Materials and email to the Merchant
2.4. Merchants shall ensure that their NFC-enabled devices are compatible with the SmartPay
application and meet the minimum technical requirements specified by Moby Money or
Service Partner.
2.5. The Merchant shall ensure that the following procedure and those other procedures notified
by Moby Money or the Service Partner from time to time are strictly observed and complied
with:
(i) The Merchant must request the Cardholder to place the Card on the Contactless
Terminal and wait for the transaction authorisation.
(ii) Only be used to process transaction not exceeding RM250.00 or such other amount
as notified by Moby Money and/or the Service Partner at its absolute discretion from
time to time. In this respect, the Merchant shall ensure no Split Sales Transactions
are performed;
(iii) The Customer shall be allowed to “tap” or “wave” their Card on the mobile device with
SmartPay application to initiate processing of the Card transaction. The Customer
shall not be required to hand their Card to the Merchant;
(iv) The Merchant is not required to obtain the signature of the Customer on the sales
slip or receipt.
2.6. Insertion of PIN number by Customers is required for transaction above RM250 or any
amount as determined by Moby Money and/or Service Partner from time to time.
2.7. The Merchant agrees to abide by all manuals, instructions and other requirements imposed
by Moby Money and/or Service Partner in completing a transaction involving the use of
SmartPay.
2.8. Merchant’s accounts will be reviewed on a periodical basis and be subjected to KYC, AML,
fraud and transaction monitoring. Merchant may be subjected to daily, monthly limit and
limit per transaction in the event Moby Money deems necessary to mitigate potential risks.
2.9. Moby Money reserves the right to suspend, terminate or subject the Merchant to additional
checks, verifications or risk mitigations any time in the event Moby Money has reasonable
suspicion the Merchant is:-
(i) Conducting illegal activities;
(ii) Not adhering to any applicable laws;
(iii) Carrying unfair practices that may affect their Customers;
(iv) Fraudulent, knowingly or unknowingly facilitates fraudulent, suspicious Customers

and/or transactions;
(v) High exposure to chargeback, Anti Money Laundering (AML) risks.
2.10. The Merchant agrees to indemnify Moby Money and/or its Service Partner for
any loss or damage suffered as a result of:-
(i) Merchant's failure to operate or use SmartPay in accordance with this Terms;
and
(ii) fraudulent, counterfeit, suspicious or wrongful Transaction the Merchant
knows or should have known to be fraudulent, counterfeit, suspicious or
wrongful.
(the end)

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Moby Merchant Agreement

SECTION 1 – FORM OF AGREEMENT

This Merchant Agreement (hereinafter referred to as “Agreement”) is entered on the Effective

NOW IT IS HEREBY AGREED:-

Section I: Form of Agreement

Section II: Special Terms and Conditions

Section III: General Terms and Conditions

Section IV: Fees & Pricing

Appendix A: Prohibited Business & Activities

Appendix B: Merchant Registration Form

Schedule (s): Additional Terms and Conditions for MOBY Services

(a) on the Effective Date as stated under Appendix C of this Agreement; or

Signed by and on behalf of) Signed by and on behalf of)

Signed by and on behalf of)

Name: Lavannya Manickam

This Expression Meaning

“Applicable Laws” means all applicable laws including but not

“Business Days” Monday through Friday, excluding gazetted

“Chargeback” Means a Transaction for which the Merchant

“Claims” any and all suits, claims, demands, litigation

“Communications” any information from us to you, including: any

(i) the quality, quantity, use or fitness

(a) consequential or indirect loss under

“Customer” a person or legal entity who uses MOBY as

“Days” calendar days.

“Government Authority” the Government of Malaysia and any other

“Information” any confidential and/or personally

“Instore Merchants” Means Merchants that render MOBY on

“Intellectual Property/ means any and all intellectual property and

“Marketing Material” Means Intellectual Property and public

For the avoidance of doubt all digital and

“Merchant Account” Means a MOBY merchant account/ID that

“Merchant Discounts” Means discounts, sale vouchers, cash back,

“MOBY App” The application program developed,

“MOBY Merchant App” Means the application that shows back-end

“Order” Placement of order by Customer with the

“Payment Acceptance” Means the mode of payment approved by

“Preferential Rate” Means discounted Transaction Fee offered

“Refund Policy” refund policy for any cancellation or return

“Reversal” Means any reversal payment initiated by

“Stores” Means physical stores and/or online stores

“Spending Limit” means the limit or the cap assigned to each

“Standard Rate” Means the default ordinary Transaction Fee

“Transaction Fee” the fee chargeable by Moby Money (a

2. ENGAGEMENT OF MOBY SERVICES

MOBY Merchant App & Security

5. NO SURCHARGES & RECEIPT OF PAYMENT

7. REFUND POLICY /COMPLAINTS

8. REVERSALS & CHARGEBACKS

(a) Payment is invalidated by the Customer’s bank;

(d) duplication of payment for the same Order;

(f) pursuant to suspicious or fraudulent transactions.

11. PAYMENT PROCESSING FEE

12. TRANSACTION FEE

13. RESPONSE TIMES

14. FORCE MAJEURE

15. MARKETING & PROMOTIONS

15.1 Merchant shall undertake the following:-

(a) to actively promote MOBY as an alternative payment method offered by the

15.6 Where Merchants wish to provide Merchant Discounts to Customers:

(a) utilization of Merchant Discounts for a Transaction will be subject to the

16.1 You hereby undertake:

(d) is public knowledge at the date of disclosure by Moby Money or lawfully