1 VERIFIED BY VISA TERMS AND CONDITIONS OF USE Important: The Verified by Visa service is designed to provide you with improved security when your BIG Card- Prepaid Visa is used to make purchases online. This service is an additional security and protection where password is required for online shopping at participating Verified by Visa online merchants. These Terms and Conditions of Use govern the Verified by Visa service and form the agreement between you and us regarding the use of the service, so please read them carefully. For your benefit and protection, you should read these Terms and Conditions of Use carefully and save or print a copy for future reference. You must cancel your transaction or use an alternative payment method if you do not want us to verify it using the Service or if you do not accept the Terms and Conditions of Use or understand how they apply to you. In the event you have any queries regarding the Service, you may contact us via Ask BIG at 1. DEFINITIONS In these Terms and Conditions of Use: "BIG Visa Card", the Card or the BIG Card - Prepaid Visa means the Visa prepaid card which consists of payment and loyalty functions issued to you by Tune Money Sdn Bhd. Card Account means your Card account that is in relation to your Visa Wallet maintained and operated by Tune Money Sdn Bhd. "Cardholder" means an individual who has personally applied for and has been granted the BIG Card - Prepaid Visa Participating online merchant means a company, retailer or merchant who offers goods or services for sale online, who is a participant in Verified by Visa program. Issuer, Tune Money, "we", us or our refers to Tune Money Sdn Bhd, the issuer of your Card Visa or Visa International means VISA International Service Association (Singapore Branch) with its office at 30 Raffles Place #10-00 Chevron House Singapore and includes its successors-in-title and assigns. "you", your or yours means you the Cardholder, who makes an online transaction using Verified by Visa. "Verified by Visa" or the Service means the online transaction authentication service provided by Visa. Cardholder Agreement means the BIG Card-Prepaid Visa and Loyalty Card Terms and Conditions.
2 2. ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE a. By completing or attempting to complete a Verified by Visa transaction, you are deemed to accept these Terms and Conditions of Use. b. Your use of the Service shall represent your acceptance of these Terms and Conditions of Use and the continued use of the Service subsequent to any change or revision to these Terms and Conditions of Use shall constitute your agreement to such revised terms and any applicable guidelines or rules posted thereto. c. You agree to be bound by these Terms and Conditions of Use each time you use Verified by Visa. 3. APPLICATION OF TERMS AND CONDITIONS OF USE a. These Terms and Conditions of Use apply to the Verified by Visa service and the Verified by Visa transactions conducted on your Card Account. It is deemed as supplementary and subject to and as an integral part of your Cardholder Agreement with Tune Money Sdn Bhd. b. In addition to these Terms and Conditions of Use, all other terms and conditions that apply to your BIG Card - Prepaid Visa still apply. If there is any inconsistency between Verified By Visa Terms and Conditions of Use and your BIG Card - Prepaid Visa Terms and Conditions, your BIG Card - Prepaid Visa Terms and Conditions will apply to the extent of the inconsistency. 4. GUIDELINES FOR MAINTAINING THE SECURITY OF YOUR BIG CARD-PREPAID VISA a. Never lend your BIG Card - Prepaid Visa to anybody. b. Use care to prevent anyone seeing the BIG Card - Prepaid Visa details being entered at the time of authentication. c. Immediately report unauthorized use of the BIG Card - Prepaid Visa to us. d. You should examine periodical statements of your Card Account which is available by accessing and report, as soon as possible within 14 days, any instances where the BIG Card - Prepaid Visa has been used without your authority. 5. USING THE VERIFIED BY VISA SERVICE a. You may use Verified by Visa service to make purchases at any participating online merchant. b. In order to use Verified by Visa, you must have the equipment and software necessary to make a connection to the Internet and shall be solely responsible for any charges, fees or payment to gain such access. c. To enable the use of the Service, you may be required to register (one-time registration) in order to activate your BIG Card-Prepaid Visa for the Service during your online purchase at participating online merchant. You may be asked to provide certain information to us that allows us to validate
3 your identity and verify that you are the cardholder of the specified BIG Card - Prepaid Visa. The information that you provide may be validated against information about you that has already been made available to us earlier by you. d. If you are unable to provide the requested information to validate your identity, or if the information you provide is inaccurate or incomplete, or if the validation process otherwise fails, we shall have the absolute right to decline your registration for the Service. You warrant and represent that the requested information is accurate and true at the time of its transfer to us and that you are the legal owner, holder or is legally authorized to use the Card with the Service. e. You agree to provide true, accurate, current and complete information about yourself and promptly update us with true, accurate, current and complete information in order to avoid disruption in using the Service. f. You may also be required to create your own password for the Service ( VbV Password ) at the end of the registration process, upon successful validation. For your subsequent online purchases at participating online merchants with the same BIG Card-Prepaid Visa, you will be prompted to provide the VbV password before the payment can be processed and completed and your Card Account will be debited accordingly. If you fail to provide the VbV password or incorrectly enter the VbV password after three (3) attempts, the transaction shall not be completed and will be cancelled immediately and your VbV password/access will be suspended. You may contact us via Ask BIG at or telephone at for further assistance. g. In the event that we found any information provided by you during the use of the Service is untrue, inaccurate or incomplete or if we have reasonable grounds to suspect that the information provided is untrue, inaccurate or incomplete, we reserve the right to suspend, terminate or refuse your current or future use of the Service with immediate effect without any duty and liability to provide any notice or reason for the same h. By registering to the Service, you agree that the use of the Service may be used as evidence to your identity, including but not limited for purposes of authorization of transactions authorized in advance to recur at substantially regular intervals. i. You are solely responsible to maintain the confidentiality of all confidential information transmitted or used in relation to the Service which shall include, but not limited to, details of transaction, the requested information during one-time registration for the Service and VbV password and other verification information established by you to us. You agree not to transfer or sell your use of, or access to the Service to any third party. In case of lost or stolen Card, you shall immediately notify us by calling You acknowledge and agree that, except as otherwise provided under the applicable law or in the Cardholder Agreement, we shall not be liable for any loss or damage arising from your failure to comply with any provisions of these Terms and Conditions of Use.
4 j. You agree not to: i. impersonate any person or entity using the Service ; ii. upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment used by the Verified by Visa service or by us; iii. spam or flood the Service s website or our website; iv. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Service or the software used in connection with the Service. v. remove any copyright, trademark, or other proprietary rights notices contained in the Verified by Visa service; vi. "frame" or "mirror" any part of the Service s website or the Service without our prior written authorization; vii. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; viii. otherwise interfere with, or disrupt the Service the servers or networks connected to us or the Service or violate these Terms and Conditions of Use or any requirements, procedures, policies or regulations in relation to the Service or any networks connected to the Service; or ix. intentionally or unintentionally violate any applicable local, state, national or international laws or regulations relevant or any rule or requirement established by Visa & Bank Negara Malaysia in connection with your use of the Service. x. In the event you have any queries regarding the Service, you may contact us via Ask BIG at 6. PRIVACY and SECURITY a. We may collect personal information about you for the purposes of providing the Verified by Visa service to you. b. If we need to ask you a set of questions before processing your transaction request, the questions will be generated by us, using information obtained from you. c. We recognize our obligation to keep your information secure, therefore, we want you to understand the information we collect is kept in a secure facility that uses firewalls and has security measures in place to protect against the loss, misuse, or alteration of information that
6 c. Your correspondence, dealings with, or participation in promotions of, the merchant through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the merchant. You agree that except as otherwise provided by the applicable law or in the Cardholder Agreement, we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You understand that the use of the Service does not, in any way, indicate that we recommend or endorse any merchant. The Service does not represent, warrant or verify the identity of the merchant or the quality of the merchant s goods or services. 9. YOUR RESPONSIBILITIES AND LIABILITY a. You acknowledge and agree that you have the following responsibilities: i. to verify the information entered on all participating online merchant order forms is accurate; ii. iii. iv. to verify that the information displayed on the Service s transaction page is correct for each transaction; to be solely responsible and liable for all transactions or other activities that occur or are undertaken by the use of your VbV password; to safeguard the confidentiality of your VbV password at all times; v. to immediately report to us if ever your VbV password is stolen or compromised; vi. vii. to refrain from any resale of the Service, the Service s website or any part thereof, from making a derivative of the Service or its website or any part thereof, from collecting or using any information provided by other users without their express written consent, or from otherwise engaging in any form of data mining or data extraction with respect to any data accessible through the Service or its website; not to use the Service or its website in a manner that would: infringe any third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy ; or be fraudulent or involve the sale of counterfeit or stolen items; or violate any law, statute ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); or be false, misleading, or inaccurate; or
7 create liability to us to lose (in whole or in part) the services of our third party service providers; or be defamatory, libelous, unlawfully threatening or unlawfully harassing; or be obscene or pornographic. viii. ix. to refrain from gaining access or attempting to gain access to any information, software or data on our servers or otherwise within our control which are encrypted and protected by security procedures or devices or (except for your personal information) otherwise not generally made available to the public; to refrain from using the Service or its website in a manner which will or might interfere with the full use and enjoyment by other users of the Service or its website; x. to defend, indemnify, and hold Tune Money Sdn Bhd harmless from all third party claims according to the conditions set forth in Exclusion of Liabilities provision below. b. Your liability for unauthorized transactions is governed by your Cardholder Agreement. c. If you breach these Terms and Conditions of Use, this may affect your liability for unauthorized transactions. If it is determined that you have contributed to the loss, you may be held liable for the transactions notwithstanding that they are unauthorized. d. If you suspect that your BIG Card - Prepaid Visa details have become known to someone else or there is a security concern, you must immediately notify us of such security concern. If you delay in notifying us of the security concern after you knew or ought to have known of the security concern, you may be in breach of these Terms and Conditions of Use and you may be liable for all transactions on the BIG Card-Prepaid Visa until notification occurs. e. For further details as to reporting a breach of card details, refer to your BIG Card-Prepaid Visa Terms and Conditions. 10. EXCLUSION OF LIABILITIES a. Subject to any warranty which is imported into these Terms and Conditions of Use by law and which cannot be excluded, the Verified by Visa service is provided by us "as is" without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. b. We will not be liable for any damages whatsoever arising out of or in relation to: i. your use of or access to (or inability to use or access) the Service; or ii. any other failure of performance, error, omission, interruption or defect, or any loss or delay in transmission or a transaction.
8 c. If you are dissatisfied with any aspect of the Verified by Visa service, your sole and exclusive remedy is to terminate participation in the Verified by Visa transaction or the Service, as provided in these Terms and Conditions of Use. d. you agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. e. Under no circumstances shall we be liable or responsible for consequential, incidental, special or indirect losses or damages such as damage to your computer or telephone services resulting from your use of the Service. f. we assume no responsibility for, and will not be liable for, any damages to, or any viruses which may affect your computer equipment or other property on account of your access to, use of, or downloading from, the Service s website. g. notwithstanding anything stated herein, we give no warranties or representations (whether express or implied) in relation to the Service which shall include non-warranties of merchantability, fitness and non-infringement. h. we shall not be held liable for any loss or damage to your data, software, computer and other devices used to access the Service. 11. ERRORS If you believe a Verified by Visa transaction is wrong or unauthorized or a periodical statement contains any instances of unauthorized use or errors, you should contact us via Ask BIG at immediately. 12. CHANGES TO TERMS AND CONDITIONS OF USE We may change these Terms and Conditions of Use by sending a written notice of the change to any address, including any account, that you have given to us, or (if the change is to your advantage) by publishing them on the website. We will normally give you 21days' notice. a. Subject to the limitations of applicable law, we may from time to time vary, revise, change or remove any of these Terms and Conditions of Use without any duty and liability to provide any notice or reason for the same. If we elect to provide such notice, the notice may be published on our website or delivered to any address, including any account that you have given us. b. Unless stated otherwise, any new features that supplement enhance or otherwise change the Service either in form or substance shall be subjected to these Terms and Conditions of Use.
9 13. NOTICE Any notices from us to you regarding these Terms and Conditions of Use, your Card or your Card Account maintained by us; may be made via notices displayed on our website, or delivered to any address, including any account that you have given us. 14. AGE You represent that you are of the eligible legal age as per the Cardholder Agreement to use the Service and to create binding legal obligations for any liability you may incur as a result of the use of the Service. Except as otherwise provided by applicable law or in the Cardholder Agreement with you, you understand that you shall be solely responsible for the use of the Service. 15. DISCLAIMER OF WARRANTY You expressly understand and agree that any software obtained through the use of Verified by Visa is downloaded and used at your own discretion and risk and that except as otherwise provided in these Terms and Conditions of Use, you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such software or other materials through Verified by Visa. Except as otherwise required under the applicable law, we make no representations or warranties on the Service of any kind, express or implied, including any warranties as to merchantability or fitness for a particular purpose. 16. ASSIGNMENT These Terms and Conditions of Use may be assigned by us without prior notice to you. These Terms and Conditions of Use shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 17. WAIVER Any failure or delay on our part to exercise any rights or actions shall not be deemed to operate as a waiver of that rights and actions. 18. SEVERABILITY If any part of these Terms and Conditions of Use is found to be invalid, illegal, void or unenforceable under the applicable law, such invalidity, illegality, void or unenforceability shall not impair, render or affect the validity of other remaining parts of these Terms and Conditions of Use.
10 19. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of Malaysia. You consent and agree to submit to the exclusive jurisdiction of the courts of Malaysia concerning all matters arising out of or in connection with your use of the Service under these Terms and Conditions of Use.
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