The following describes the terms and conditions on which Kiple offers you access to our services (“Terms and Conditions”).
1. Incorporation of Policies into Terms and Conditions
The following policies are deemed to be incorporated into these Terms and Conditions by reference and provide additional terms and conditions related to specific Kiple services we offer.
Each of these policies and these Terms and Conditions may be changed from time to time and are effective immediately after we post the changes on our services. In addition, when using particular services, you agree that you are subject to any policies or rules which are posted in conjunction with those services. All such posted policies or rules are hereby incorporated by reference into these Terms and Conditions.
2. Acceptance of Terms and Conditions
These Terms and Conditions set out the entire agreement between you and Webonline Dot Com Sdn Bhd (“WOL”) and applies to your use of the Kiple iPhone and Android application (“Kiple”) and www.kiplepay.com website (which together shall be referred to as the “Site”).
Please note that by using the Site, you are deemed to have read and signified your agreement to be bound by these Terms and Conditions, as may be updated and varied from time to time at our sole discretion.
In addition, when you use any services on our Site, current or future, you will also be subject to such further terms and conditions, policies and guidelines applicable to that specific service. All such further terms and conditions, policies and guidelines, will be deemed to be incorporated in these Terms and Conditions.
If you do not agree to be bound by the terms and conditions of these Terms and Conditions, please do not use or access our Site.
For additional information about the Site and how it works, please consult WOL.
We may amend these Terms and Conditions at any time by posting the amended terms on our Site.
In these Terms and Conditions, you or your means any person or entity using the Site (hereinafter referred to as “Users”). Unless otherwise stated, Kiple, we or our will refer collectively to WOL and/or its affiliates. Unless otherwise specified, all references to a bank in these Terms and Conditions includes any bank providing internet banking services in conjunction with Kiple.
To use the Site you must register for an account with Kiple. Our Site is only available to individuals or businesses that can form legally-binding contracts under applicable law. Without limiting the foregoing, our Site is not available to individuals under the age of 15, persons who are suspended from our Site, or to persons who we, at our sole discretion, view as presenting an unacceptable level of risk to our Site.
4. The Legal Relationship between You and Kiple
4.1 WOL provides online and mobile applications via Kiple for the promotion of participating Merchant (hereinafter referred to as “Merchants”) loyalty and rewards programmes and for the distribution and sale of the Merchant’s products and services, mobile store cards, vouchers and coupons via digital and mobile marketing platforms. User may use the Site to manage their credits in their Kiple e-wallet (including purchase and top up), their loyalty programmes with Merchants or to purchase store cards which are redeemable for goods and services offered and sold by Merchants. We do not have any control over the products or services that are paid for on our Site.
We cannot and do not ensure that a buyer or a seller you are dealing with will actually complete the transaction.
4.2 Kiple acts as a facilitator to help you make payments to third parties. We act based upon direction and requests received through your account to use our Site that require us to make payments from your funds on your behalf.
WOL will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy/insolvency or for any other purpose. You acknowledge that WOL is not a bank and the Site is an e-wallet payment service and not a banking service or credit facility service.
Please note that if you do carry a balance in your Kiple account, WOL will pool your funds together with funds from other Users, and will place those funds in accounts at one or more banks (Pooled Accounts).
You agree that you will not receive interest or other earnings on the funds that WOL handles as your stakeholder.
5. Maintenance and Use of Your Account
5.1 All Users shall be required to register and create an account in order to use the Site (“User Account”). In connection with the use of Kiple account, a User shall provide all such information including but not limited to name, identification card no or passport number, phone no, email address, and a copy of identification card and/or passport (for withdrawal or close account or transfer service purposes) as we may request from time to time and WOL reserves the right to request for information at any time including after the initial creation of a User Account.
5.1.1 You are able to check your balance and transaction history via Kiple. Transaction history includes the type of transaction, frequency of transaction, amount of withdrawal, transaction ID, status of transaction and date and time of a transaction.
5.2 Top Up Of Your Kiple Account
Your Kiple account can be top up through your account with any bank offering its internet banking services to Kiple. You may top up your Kiple account with any amount up to a maximum of RM 200 of funds you have in your Kiple account at any one time, which is at your sole discretion. The top up mechanism is further elaborated under clause 5.8.9 below.
5.3 Payments and/or Transfers from your Kiple Account
You may make any number of payments for any amounts through your Kiple account, up to the amount of funds you have in your Kiple account.
You may make any number of transfers for any amounts through your Kiple account, up to the amount of funds you have in your Kiple account to any other party holding a Kiple account or registered with Kiple.
5.4 Refused Payments
When you send a payment to a third party through our Site, the recipient is not required to accept the payment, even if the recipient is already registered with Kiple. The recipient is free to return payments or, in some cases, to use the Kiple system to refuse payments that you have sent. Any payments sent through Kiple that are denied or unclaimed by a recipient will be returned to you on the earlier of:-
(a) the date of such denial, or
(b) 30 days after the date the payment is sent.
5.5 Request to Void Transactions
You may request to void a transaction or merchant fund in the event that an over-charge occurs subject to the relevant Merchant’s sole discretion and approval. Upon receiving the request, the refund shall be transferred into the your Kiple wallet. No refund shall be made in the event that:-
a) the transaction performed has exceeded 24 hours; and/or
b) you have utilised any Free Gifts arising from the transaction.
For avoidance of doubt, Free Gifts shall mean any complimentary goods and/or services received by Users from Merchants and/or WOL.
5.6 Reset of Email ID
In the event that you need to reset your email ID, you are required to email us at email@example.com. Additionally, you shall be required to verify your identity prior to resetting your email ID.
5.7 Termination or Closing Your Account
You can close your account at any time by sending a message through the Help section on the app, or via email to firstname.lastname@example.org. When an account closes, any pending transactions will be cancelled and any Kiplekash or merchant store card balances will be forfeited.
Any cash funds that we are holding for you at the time of closure, less any applicable fees, will be paid to you, assuming all withdrawal-related authentication requirements have been fulfilled (for example, you may not use closure of your account as a means of evading withdrawal limits on new unverified users). You cannot use closure of your account as a means of evading investigation: if an investigation is pending at the time you close your account, Kiple may continue to hold your funds for up to 180 days as appropriate to protect Kiple against the risk of claims or disputes.
If you are later determined to be entitled to some or all of the funds in dispute, Kiple will release those funds to you. You will remain liable for all obligations related to your account even after such account is closed.
If you do not access your account for a period of three (3) years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding for you.
5.8 Cash, Kiplekash, Store Cards, Vouchers, and Kiple e-wallet
5.8.1 Users may purchase/top up store cards & vouchers using the Site and such store cards & vouchers may be redeemed for goods and services offered by the Merchant. Users may also purchase such goods and services directly from the Merchants. Users agree that Merchants shall have their own applicable terms and conditions (which may be varied or amended by the Merchants from time to time and at any time) in relation to their respective store cards & vouchers and/or direct sales and purchase of the Merchants’ goods and services. Users shall abide by such terms and conditions. To the extent of any conflict between these Terms and Conditions and any additional terms, which is determined by the Merchant, the additional terms set by Merchant shall prevail.
5.8.2 Payment for any store cards & vouchers offered on the Site shall be made by User by way of available wallet cash funds (excluding Kiplekash and store card credit), or third party payment methods as may be offered on the Site. Users acknowledge that WOL is not responsible for the collection or processing of any payment and Users shall contact the Merchant directly in relation to any payment matters. Users further acknowledged that they shall have no claims against WOL for any payment made for any store card & vouchers and/or direct payment of any goods and services and other purchases made using the Site.
5.8.3 WOL shall not be responsible for any changes instituted by any Merchant in respect of the store cards & vouchers and any direct purchase of goods and services, whether or not such store cards & vouchers or direct purchase was hosted, sold and distributed via the Site. Users shall be solely responsible for verifying the terms of the respective store cards & vouchers and direct purchase and shall bear all and any loss arising from any amendment or variation to or termination or cancellation of the store cards & vouchers and/or direct purchase of Merchant’s goods or services or the cessation of business by any Merchant. Users shall raise any dispute arising in relation to any store cards & vouchers and/or direct purchase of goods and services directly with the relevant Merchant and WOL shall bear no responsibility in relation thereto.
5.8.4 Merchants shall be entitled to determine, at their sole discretion, the manner and use of the store cards & vouchers and direct purchase of its goods and services by the Users, including whether the use of the store cards & vouchers may be combined with any other promotions, coupons, offers or terms. Your correspondence, interactions or dealings with, or purchase and redemption of store cards & vouchers on or through the Site, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the Merchant. To the maximum extent permitted by applicable law, WOL excludes all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the use or inability to use any store cards & vouchers, or the use, inability to use or unsatisfactory condition of any products or services described on the store cards & vouchers.
5.8.5 Kiplekash Validity
Kiplekash credit earned is valid for six (6) months from the last date of any transaction where Kiplekash credits are earned. Expired Kiplekash credits shall be forfeited. For closed accounts of the Users, the unused Kiplekash shall be forfeited.
5.8.6 Kiplekash: Value, Earning, Usage and Expiration
The value of 1 Kiplekash is equivalent to RM1. Users may earn Kiplekash by participating in promotional and/or marketing activities organised by WOL or Merchants from time to time. Kiplekash can be used in all participating Merchants in Kiple. Kiplekash has no actual monetary value and not exchangeable for cash. The usage of Kiplekash is only accepted in Kiple and also subject to Merchants’ terms and conditions which shall be advised by Merchants accordingly. Merchants may change their terms and conditions at any time without notice. We do not take any responsibility to inform Users of any such changes. There is no cash back on payment using Kiplekash and Kiplekash credits shall automatically be cancelled or forfeited if not redeemed within its validity period as set out in Clause 5.8.5 above.
5.8.7 Merchants rebate deposited into store cards (“Rebate”)
The Rebate can only be used to off-set an amount spent at the specific Merchants. The Rebate has no actual monetary value and not exchangeable for cash. The usage of the Rebate is only accepted in Kiple and subject to the Merchants’ terms and conditions which shall be advised by the Merchants accordingly. As such, the validity of the Rebate may differ subject to the Merchants’ terms and conditions. We do not take any responsibility in ensuring that the Users utilise the Rebate in accordance to the specific Merchants’ terms and conditions. Merchants may change their terms and conditions at any time without notice. We do not take any responsibility to inform Users of any such changes. There is no cashback on payment using Rebate.
5.8.8 Store Cards: Earning, Usage and Expiration
Store cards can only be used in specific Merchants. Store cards have no actual monetary value and not exchangeable for cash. The usage of the store cards is only accepted in Kiple and the usage of store cards is subject to the Merchants’ terms and conditions which shall be advised by the Merchants accordingly. As such, the validity of the store cards may differ subject to the Merchants’ terms and conditions. We do not take any responsibility in ensuring that the Users utilise the store cards in accordance to the specific Merchants’ terms and conditions. Merchants may change their terms and conditions at any time without notice. We do not take any responsibility to inform Users of any such changes. There is no cashback on payment using store cards.
5.8.9 Kiple e-wallet: Cash Balance, Top Up, Limit, Withdrawal and Usage
Top up in Kiple e-wallet is allowed to a maximum amount of RM 200 balance in your Kiple account at any one time, for example, if Users have RM 180 in their Kiple e-wallet, only a maximum of RM20 top up is allowed. Users may opt to top up their Kiple e-wallet from their bank account via the participating banks, debit card and/or credit card and such top up amount shall be available in their Kiple e-wallet instantaneous. However, top up via automated teller machine (“ATM”) or cash deposit machine (“CDM”) shall take 1 business day for processing. Cash balance in Kiple e-wallet may be withdrawn provided that each withdrawal amount is a minimum of RM50. Each withdrawal is with an admin surcharge of RM2 per withdrawal notwithstanding the amount withdrawn and the withdrawal process shall be completed within 30 business days. Cash back in using Kiple e-wallet may be available subject to the promotional and marketing activities organised by WOL from time to time.
5.8.10 Vouchers: Purchase and Usage
Users may purchase vouchers by using available cash in Kiple e-wallet, Kiplecash and/or store card. Vouchers are non-refundable and not exchangeable unless permitted by the Merchants due to product or stock unavailability and/or any other reasons. The usage of vouchers in Kiple does not entitle Users to any rebates. There is no cash back on payment using vouchers.
5.8.11 Disputes between Merchants and Users
In the event of disputes between Merchants and Users, Users agree that WOL shall be the sole and absolute arbitrator in deciding such disputes. WOL accepts no responsibility for the quality, safety, legality or any other aspect of any goods or services purchased by User from Merchants.
6. Your Account Password and Security
You are solely responsible for maintaining the confidentiality of your login name, account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You should take all necessary steps to ensure that:-
(i) you exit from your account at the end of each session;
(ii) your password is kept confidential and secure and inform us immediately if you have any reason to believe that your password has become known to others; and
(iii) if the password is being used, or is likely to be used in an unauthorised manner by others. WOL reserves the right to refuse transaction instructions and terminate accounts, at its own discretion.
7. Accuracy of registration data
Please ensure that the details you provide upon registration and opening of your account are accurate and complete. Please inform WOL immediately of any changes or alterations required to the information that you had provided upon registering. You can access and update much of the information you had provided us.
9. Access to the Site
9.1 Whilst we endeavour to make the Site available at all times, certain technical maintenance and upgrades of the Site will be required from time to time. The User acknowledge due to such maintenance, upgrades or for reasons beyond our control, the Site may be unavailable or delayed. We make no warranty, express or implied concerning Site including, but not limited to, the content on our Site, software or products or services available through the Site. In particular, the content and our Site do not constitute any form of advice, recommendation, representation, endorsement or arrangement by us and is not intended to be relied upon by Users in making (or refraining from making) any specific purchase or other decisions. Users should conduct their own due diligence before making any such decisions.
9.2 We expressly disclaim all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability, in relation to the Site including, but not limited to, the content on the Site, software or products or services made available through the Site. We do not guarantee the accuracy, content, or timeliness of the Site or that they or related systems are compliant or free from viruses or other contaminating or destructive properties.
9.3 WOL shall make all reasonable efforts to ensure that requests for electronic debits from bank accounts are processed in a timely manner, but we make no representations or warranties in respect of the time needed to complete processing due to the fact that our Site is largely dependent upon factors which are or may be outside our control such as delays in the banking system and so forth, as well as the Internet services.
9.4 To the fullest extent permitted under applicable law, in no event will us, our affiliates, employees, officers or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, data or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site or any purchase made by you whether or not as a direct or indirect consequence of your use of the Site, even if we have been advised of the possibility that such damages may arise.
10. License for Site access
WOL grants you a limited license to access and make personal use of this Site This restricted license does not include:
(i) re-sale or commercial use of this Site or its contents, including any collection and use of any product listings, descriptions, or prices or any derivative use of this Site or its contents;
(ii) downloading or copying of account information for the benefit of another website;
(iii) use of data mining, robots, or similar data gathering and extraction tools;
(iv) reproduction, duplication, copying, selling, reselling, visiting, or otherwise exploitation for any commercial purpose, of this website or any portion of this Site;
(v) downloading (other than page caching) or modifying of the Site, or any portion of it, for any reason whatsoever;
(vi) use of Kiple or its affiliates names, trademarks, logos or any proprietary information, in any manner.
Breach of any of these provisions and unauthorised use of the website automatically terminates the consent or license granted by WOL.
11. Your conduct
WOL does not allow its Site to be used for illegal activities. WOL has the right to take preventative or corrective actions to protect itself and its users.
You must not use the Site or your account in any way that causes, or is likely to cause, the Site, the accounts or access to it to be interrupted, damaged or impaired in any way and you are required to use the Site lawfully and in compliance with the legal requirements.
You are required to understand and acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (content), whether publicly posted or privately transmitted via the Site, are the sole responsibility of the person from whom such content originates. You are required to understand and acknowledge that by using the Site, you may be exposed to Site contents that may be offensive, indecent or objectionable. Under no circumstances Kiple shall be liable in any way for any content, including, any exposure to offensive, indecent or objectionable content, any errors or omissions in any contents, or for any loss or damage of any kind of information as a result of such use of any contents posted, emailed or otherwise transmitted via the Site by its Users.
You are prohibited from using the Site in respect of the following:
(i) For fraudulent purposes, or with an intention to commit criminal offence or other unlawful, indecent or immoral activity;
(ii) To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or use it to breach copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or use it in an objectionable manner or likely to cause or stir racial or religious disharmony; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam,
(iii) To cause annoyance, inconvenience or needless anxiety or be a nuisance.
(iv) To programme, send, use or reuse any data that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;
(v) Do anything that creates liability for us or cause Kiple to lose (in whole or in part) the services of our ISPs or other suppliers.
If you use, or attempt to use, the Site for purposes other than making payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Site, your account will be automatically terminated and you will be liable to claim of damages and/or may be penalised for, including criminal prosecution where applicable.
12. Reviews, comments, communications and other content
Users of this Site may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is legal and not obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, and does not consist of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. We reserve the right (but do not assume the obligation) to remove or edit any content.
You shall represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Kiple:
(i) that the content and material is accurate;
(ii) that the use of the content and material you supply does not breach any applicable Kiple policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
By submitting any communication, content or material to any chat or forum services, if any, or to Kiple for posting as a book review, you automatically warrant that you or the owner of such communication, content or material has expressly granted WOL the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the said communication content or material in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such communication content or material. You also permit any other user to access, store, or reproduce such communication, content or material for that Users personal use. Subject to this grant, the owner of such communication, content or material placed on Kiple sites and services retains any and all rights, which may exist.
Some parts of the Site may contain advertising or other material submitted to Kiple by third parties. Advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. WOL WILL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION OR INACCURACY IN ADVERTISING MATERIAL. WOL does not intend links or advertising material to be referrals or endorsements of the linked entities and the links are provided for convenience.
You agree to indemnify and hold WOL, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including all legal fees (on a solicitor client basis), made by any third party due to or arising out of content you submit, post to, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of the Terms and Conditions, your violation of any rights of any other person, or your breach of any applicable law.
14. Links and External Websites
The Site may provide, or third parties may provide, links to internet banking sites, other sites or resources. You acknowledge and agree that WOL has no control over such sites and resources, and that WOL is therefore not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Site shall not be responsible or liable in any way for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
15. Copyright, Trade Mark and other Intellectual Property Rights
You acknowledge that all original content on this site such as text, graphics, logos, images, audio and video clips and software is protected by copyright, trade mark or other intellectual property right which is owned by WOL or its affiliates. In addition, the compilation (meaning the collection, selection, co-ordination and arrangement) and the enhancement or any content on Kiple sites and services is also protected by copyright or other intellectual property right owned by WOL or its content suppliers.
All trademarks appearing on this web site are the property of WOL or the respective owners. All rights are reserved.
We undertake to defend you or, at its option, settle any claim or action brought against you alleging that the possession or use of the smartphone application (or any part thereof) in accordance with these Terms and Conditions infringes the intellectual property rights of a third party. You agree that, if you become aware of any such third party claim, you shall as soon as practicable notify us of the claim, specifying the nature of the claim in reasonable detail; and not make any admission of liability, agreement or compromise in relation to the claim without our prior written consent. You further acknowledge that this constitutes your exclusive remedy and our only liability in respect of such claims.
For the avoidance of doubt, we shall not defend or settle any such third party claim where the claim in question is attributable to your possession, use, development, modification or maintenance of the smartphone application (or any part thereof) other than in accordance with these Terms and Conditions, use of the smartphone application in combination with any hardware or software if the infringement would have been avoided by not using of that software or hardware.
All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered to us by you, whether in response to solicitations by us or otherwise, shall be deemed to be and shall remain our property and you hereby agree to assign by way of present and future assignment all intellectual property rights in such material to us.
16. Disclaimer Of Warranties And Representations
This site is provided by WOL on an as is and as available basis.
Kiple makes no representations or warranties of any kind, express or implied, as to the operation of this site and its payment system.
To the full extent permissible by applicable laws, WOL disclaims all warranties, express or implied, including, but not limited to:
I. Implied warranties of merchantability and fitness for a particular purpose and non-infringement;
II. Warranty that the contents of the website are free from infection of viruses or anything else, which has contaminating or destructive properties;
III. Warranty that the Site or the services will meet your requirements or that the access to the websites or the services will be uninterrupted, timely, secure, or error-free;
IV. That the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your expectations, and that any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for and damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from WOL or through or from the Site shall create any warranty (save for any fraudulent misrepresentation by WOL) as to the operation of this Site or the information, content, materials, or products included on this Site.
17. Limitation of liability
WOL shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, revenue, opportunity, business, goodwill, use, data or other intangible losses (even if Kiple has been advised or was aware of the possibility of such dames), resulting from:
(I) The use or the inability to use the Site or services via the Site;
(II) Statements or conduct of any third party on the Services;
(III) Unauthorized access to or alteration of your transmissions or data;
(IV) The cost remedying or procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site or services offered via the Site; or
(V) Any other matter relating to the Site or the goods, services and information may available via the Site.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the terms and conditions must be filed within one (1) Year from the date such claim or cause of action arose or be forever barred.
WOL does not limit in any way its liability by law for death or personal injury arising from negligence or breach of duty.
18. Remedies and Kiple’s Right of collection
Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronic, immediately warn our community of your actions, place a hold on funds in your account, limit funding sources and payments, limit access to an account and any or all of the accounts functions (including but not limited to the ability to send money or making withdrawals from an the account), limit withdrawals, indefinitely suspend or close your account and refuse to provide our Site to you if:
(a) you breach these Terms and Conditions or the documents it incorporates by reference;
(b) we are unable to verify or authenticate any information you provide to us;
(c) we believe that your account or activities pose a significant credit or fraud risk to us;
(d) we believe that your actions may cause financial loss or legal liability for you, our users or us; or
(e) your use of your Kiple account is deemed by Kiple or your bank, to constitute abuse of the system or a violation of internet banking rules.
Kiple reserves the right to hold funds beyond the normal distribution periods for transactions it considers suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds. If we close your account, we will provide you notice and refund you all of the unrestricted funds held in your Kiple account.
Additionally, to secure your performance of these Terms and Conditions, you grant to Kiple a lien on and security interest in your account. In addition, you acknowledge that Kiple may set off against any accounts you own for any obligation you owe Kiple at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. Kiple may consider these Terms and Conditions as your consent to Kiple asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to, and apart from, any other rights.
19. Legal Disputes
If a dispute arises between you and Kiple, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Kiple agree that any controversy or claim at law or equity that arises out of these Terms and Conditions or Site (Claims) shall be resolved by mediation by a mediator mutually agreed upon in writing by you and Kiple, and failing resolution by mediation, by litigation. Before resorting to either of these alternatives, Kiple strongly encourages users to first contact Kiple directly to seek a resolution.
20. Electronic communications
When you visit Kiple or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
21. Alteration of or Amendments to the Conditions and Severability
We reserve the right to make changes to our Site, policies, and these Terms and Conditions at any time. You will be subject to the policies and Terms and Conditions in force at the time that you use Kiple, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable.
In the event that a new version of Kiple is available on Apple Store and/or Play Store, Users continued use of Kiple shall be deemed acceptance of this Terms and Conditions.
22. Events beyond our reasonable control
WOL, its affiliates, officers, employees and service providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of any content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
24. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of Malaysia. You agree, as we do, to submit to the exclusive jurisdiction of the Malaysian courts.
25. Our details
Kiple is the trading name for Webonline Dot Com Sdn Bhd