DEFINITIONS AND INTERPRETATIONS
Applicable Laws means the laws, regulations, policies, guidelines, rules and requirements (whether or not having the force of law) in the relevant jurisdiction governing the Company and/or the User (as may be applicable), including but without limitation to Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, Money Services Business Act 2011, Personal Data Protection Act 2010 and shall include such other requirements that the Company stipulates from time to time.
Branch Collection means the collection of exchanged Foreign Currency by the User at the Company’s selected locations and by the time and date as specified by the Company in the Booking System.
The Booking System or Service refers to an online reservation service operated by the Company that facilitates User’s reservation of Foreign Currency at prevailing exchange rates accessible by the User via the Website which are capable of supporting reservation of Foreign Currency and optional electronic payment to secure the Booking Transaction.
Foreign Currency means currency notes which are legal tender in a territory outside Malaysia.
FPX refers to Financial Processing Exchange, a national online payment gateway, which is jointly developed by financial institutions and is owned by Payments Network Malaysia Sdn. Bhd.
The Company refers to Adcrew Sdn Bhd (Reg No.: 471995-V), a company incorporated under the laws of Malaysia with an office No. G27, Subang Skypark Terminal, Sultan Abdul Aziz Shah Airport, 47200 Subang Jaya, Selangor, Malaysia includes its successors and assigns.
Transaction covers the online booking reservation performed by the User using the Booking System.
User/You/Your means an individual, corporation, partnership, limited liability Company, Association or any other entity of any kind, including currency wholesalers, money changers, banks licensed by the Central Bank of Malaysia, or any government or governmental agency or authority, who uses the Services in accordance with the Applicable Laws.
Visitors means any individual who is not a User that accesses the Website.
Website means the Company designated website: www.adcrewmsb.com which is open to access by Users and Visitor.
- An individual User must be at minimum 18 years of age with the following ID types and permitted under the Applicable Laws to enter into a legally binding agreement.
- Old IC
- New IC
- Temporary Resident
- Permanent Resident
- User must meet Customer Due Diligence requirements imposed by the Company and Applicable Laws.
User acknowledges and agrees that:
- The Company reserves the sole and absolute discretion to determine and impose limits for the transactions performed through the Booking System whether in amount, frequency or otherwise in accordance to the Applicable Laws and that the Company reserves absolute rights to vary such limitations subject to requirements/amendments to the Applicable Laws.
- The Company may restrict, decline or refuse User’s request for carrying out Transaction at any time at the Company’s sole discretion without assigning any reasons thereto.
- The Company reserves sole and absolute discretion to determine if the User must maintain an internet banking account with FPX participating local bank(s) in Malaysia to use this Service.
- In addition to these Terms, the Service may subject to availability of FPX services. FPX is a separate legal entity and use of FPX services is subject to terms, requirements and restrictions imposed by FPX. The Company is neither liable nor responsible for any loss incurred by the User or any other person arising from the User’s use of the FPX services. User shall ascertain and update himself of such applicable terms, requirements and restrictions imposed by FPX.
- The use of FPX services for the User is currently free of charge. However, in the event FPX imposes any new fees pursuant to any Transaction initiated by the User pursuant to or incidental to these Terms shall be borne by the User.
- The Company is required by law and regulations to carry out security and customer due diligence checks on you in order to provide the Services to you. You may need to provide additional information so that the Company can verify your identity as a condition of processing your requests, or otherwise providing the Services to you. The Company may make, directly or through third-parties, any inquiries the Company considers necessary to validate the information that you provide to the Company, including using 3rd party verification services.
- User shall take all such measures and steps as may be necessary to ensure that at the time of exchanging the Foreign Currency with the Company by way of Branch Collection that any such Foreign Currency is (i) fit and recognised as legal tender for transactions; (ii) genuine currency notes; and (iii) correct in terms of currency, amount and denominations and verified against the order receipt. Upon the User’s acknowledging receipt, the Company will not be liable for any claims by the User for fake/forged Foreign Currency, shortage in amount or incorrect Foreign Currency denominations. However, the Company shall use all reasonable endeavours to investigate any reasonable claims instigated by the User.
The Company makes every effort to provide you with accurate, up-to-date Service pricing and information. Errors will be corrected where discovered, and the Company reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted and paid for by you, and whether or not the order has been confirmed by the Company. If the actual price of the Service purchased by you is higher than that reflected on our Website, we will inform you in writing via Email and you will be given an option to confirm or cancel your purchase of the Service based on the updated price. If you choose to confirm your purchase, you will have to make an additional payment to reflect the updated price. If you choose to cancel your purchase, we will refund the payment made by you. If we are unable to contact you using the contact details you provided during the order process, we will treat your order in respect of the incorrectly priced Services as cancelled and notify you in writing.
Any cancellation of Transaction by the User is governed by the Company’s cancellation policy that can be found here.
PROHIBITIONS AND RESTRICTIONS
- User CANNOT:
- use the Services in any way which will deprive other User(s) of their legitimate right to use the Services.
- use the Website for unlawful purposes in any jurisdiction or in breach of these Terms.
- use the Services for any unlawful or illegal activity or in breach of any Applicable Laws.
- modify, copy, distribute, reproduce, transmit, display, perform, publish, upload, post, license, create derivative works from, transfer or sell any information, designs, logos, trademarks, software or services obtained from the Website.
- post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind without limitation, any information or statement constituting or encouraging conduct that would tantamount to a criminal offence, give rise to civil liability and/or violates any Applicable Laws.
- post or transmit any messages that amount to advertising material, touting or sale of, or offer to sell, any product or service.
- transmit or disseminate advertising material, chain letters, spam, junk mail or other types of unsolicited messages.
- post or transmit or disseminate viruses, worms, Trojan horses or other harmful, disruptive or destructive files.
- post, publish, transmit, reproduce, distribute, or in any way exploit any information, software or other material obtained from or through the Website for commercial purposes.
- attempt to decompile or reverse engineer any software available in the Website.
- attempt to hack into the Website or otherwise attempt to subvert any firewall or other security measure of the Website.
- The Service contains chatting function and other communication facilities; you are only to send and receive messages that are proper and related to the particular purposes only.
- Any software provided on, by or through the Website for a specific purpose shall only be used for that purpose and no other.
- User shall comply with and shall not contravene Applicable Laws, without limitation laws of such jurisdiction relating to the use of the Services.
- The Service is only available in Malaysia. If for any reason User uses the Services outside Malaysia, the Company may not support the Services and User’s use of the Services is at the User’s own risk including the risk that the use thereof violates local laws in the country/jurisdiction.
LIMITATION OF LIABILITY
The Company’s liability to the User under these Terms is strictly limited to the return of any Foreign Currency sold by the Company or refund of the full RM amount received from the User by the Company for the purchase of the Foreign Currency (excluding charges, costs or expenses of whatsoever nature including FPX or bank charges the User may have incurred) in the event the Company fails to avail collection of the purchased Foreign Currency to the User (subject always such failure is not contributed by any act or omission of the User).
Due to the inherent hazards of electronic distribution, User agrees and accepts that Service may be unavailable from time to time due to required maintenance, electronic or other systems failures or interruptions (whether of the Company or any third party) or other disruptions. The Company, its suppliers and their respective affiliates, officers, distributors and employees shall not be liable to the User for any Loss suffered by the User as a result thereof. The Company does not guarantee that Services will be uninterrupted, secure, error-free, free from viruses or other harmful components.
The inclusion in the Service of any links to other website(s) or resources does not imply any form of endorsement by the Company. Any User seeking recourse shall do so against such party providing such advice, products or services. However, the Company requires all Users to comply with all relevant laws, as well as the rules set out in the Website, and ensure that the law and the rules are observed and complied with. Without limitation, User acknowledges that the Company is not responsible for the privacy and confidentiality of any personal information provided by the User to the other linked websites in any manner whatsoever.
The Company reserves absolute discretion without notice to the User, to introduce changes to the features appearing in the Website from time to time without limitation to add, modify or remove such features.
In amplification to any provisions of these Terms, the Company does not guarantee storage of any data stored by the User in the Booking System and excludes all liability for loss of data.
The Company shall not be responsible to the User for any delay in performance or non-performance due to causes beyond the control of the Company (including but not limited to Acts of God, devaluation of major currencies, non-availability of currencies, Governmental mandates or Laws).
JURISDICTION, GOVERNING LAW FOR LEGAL PROCEEDINGS
These Terms shall be governed by and construed in accordance with the laws of Malaysia and you agree to submit to the exclusive jurisdiction of the courts in Malaysia.
The Company reserves the right to vary, alter and amend any or all of these Terms herein and announce changes to its Services and to post them on the Website. User’s continued use of the Services offered by the Company after such variation, alteration and amendments have been posted constitute User’s agreement to be bound by them. The User shall have no recourse whatsoever against the Company for any loss as a result of such variation, alteration, amendment or otherwise. No rule of construction applies to the disadvantage of the Company as the Company was responsible for the preparation of this Agreement or any part of it.
In the event these Terms are translated into a language other than English, it is done solely for convenience purpose, with only the English version of these Terms shall be valid and binding.
Both parties’ obligations under these Terms will survive the expiration or termination of this agreement.