General

2.1       In order to use the Services, you are required to create an account on the App by clicking on the “Register” link and following the on-screen prompts, and provide the requested information  including but not limited to your name as per identity card, preferred name, password, your mobile phone number or other similar identification properties. Further information on creation of account on the App may be obtained from the FAQ page.

2.1A      (a) By registering for a Boost Account, you warrant and represent that:

(i) you are eighteen (18) years of age or above. If you are eighteen (18) years of age or above and a parent or a legal guardian, your child of below eighteen (18) years (“Minor”) may register for a Boost account and use the Services, with your consent. Notwithstanding the foregoing, you shall be wholly responsible for the Minor’s use of the Boost app and/or the Services;      
(ii) if you are below eighteen (18) years (“Minor”), you must have obtained consent from your parent or a legal guardian prior to registration. Notwithstanding the foregoing, your parent or legal guardian shall be wholly responsible for the Minor’s use of the Boost app and/or the Service.    

(b) If you are a parent/legal guardian and would like to remove access to the Services of a user who is a Minor, please email userconsent@myboost.com.my and provide Boost with the relevant details.

2.2       The provision of the Services and the Activation of your Account is at Boost’s sole and absolute discretion.

2.3       You may only use the Services once your Account has been Activated. Once your Account has been Activated, your use of the App and the Service shall be strictly in accordance with these Terms and Conditions.

2.4       The App and the Services is only available on a Mobile Device and is strictly for your own personal use only as a subscriber of the Service. Any instructions, confirmation and/or communication sent from your Mobile Device shall be deemed to have been sent and/or issued by you irrespective of whether such instructions, confirmations and/or communications were actually sent by you or not. You shall be personally liable and responsible for the use of your Account including but not limited to all transactions undertaken and/or transacted using the Account once the said transaction has been Authenticated irrespective of whether the transactions is undertaken and/or transacted by you unless it can be established that such transactions was erroneously transacted due to an error on Boost’s part.

2.5       The Services made available to you via the App may perform the following transactions (the “Transactions”):

(a) Payment;

(b) Cash-In;

(c) Cash-Out;

(d) Electronic Money Transfer; and

(e) or any other service as may be introduced by us from time to time.

All the aforementioned transactions by you shall only be undertaken and/or transacted with Electronic Money save and except for Cash In.

2.6       Boost may engage with third party service providers to enable Cash In transactions. Pursuant thereto, Boost reserves the right to reject your request for Cash In transactions using your stored debit / credit cards for any reason whatsoever, including but not limited to security reasons or as advised by such third party service providers.

2.7       The Services may also allow you to purchase products and/or services from third parties including the Participating Merchants. Any transaction entered into between you and such third parties for third party product and/or services shall also be subject to any terms and conditions which may be stipulated by such third parties. Any such transactions are entered into at your own risk and you acknowledge and agree that Boost shall not take any responsibility and/or liability for the products and/or services offered by the third parties to you including but not limited to the delivery, quality (including any defects or deficiency in the products and/or services), safety or the fitness for purpose of the products and/or services purchased by you from such third parties. Boost shall not be responsible for the refusal of any merchant to honor or accept your purchases or payment made through the use of the Service. You further acknowledge and agree that you shall not initiate any legal proceedings against us for any claim you may have against such third parties.

2.8       In using the App and the Services:

(a) upon linking a credit/debit card to your Boost account, you shall be solely responsible for all cash-in that may occur;      
(b) in the event of claims, chargebacks, or a reversal of payment for transactions made via Boost, including credit card transactions made through a financial institution, Boost reserves the right to (i) determine the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to Boost; or (ii) clawback the amount from your Boost Wallet or by any other way it deems fit in its sole discretion;      
(c) for claims, chargebacks or a reversal of payment for credit card transactions made through a debit/credit card issuer, you shall be responsible to resolve any disputes with the debit/credit card issuer on your own;      
(d) you authorize the deduction of Electronic Money and/or funds from your Account and the deposit of Electronic Money and/or funds into your Account to carry out the relevant transactions;      
(e) your use of the Service is subject to the Wallet Limit and the Transaction Limit applicable to our Account. This qualification includes but is not limited to you being restricted and/or prohibited from perform a Cash In transaction or receiving a Electronic Money Transfer whereby the total amount in your Account will exceed your Wallet Limit; and      
(f) you are to ensure that there is sufficient Available Balance in your Account before using the Service to cover the total cost of the transaction (including any taxes and other applicable fees or charges) failing which Boost reserves the right to block, reject or decline the transaction to be transacted through your Account;  

2.8A        Payments to selected Merchants must be made using pre-loaded funds that originate from savings account or debit card only. Such Merchants shall be as determined by Boost from time to time.

2.9       Boost does not make any warranty, representation and/or undertaking (expressly, impliedly or otherwise) that the App and any subsequent revisions, modifications, updates, upgrades or versions is and would be compatible with your Mobile Device. It is your responsibility to ensure that the App is and will be compatible with your Mobile Device at all times and you acknowledge and agree that Boost shall not be liable in any manner whatsoever for any liability, loss, damages, cost and expense suffered and/or incurred by you due to the App being incompatible with your Mobile Device.

2.10      You shall, at all times be solely responsible to keep confidential and safeguard your account details including your username and transaction PIN Number. You shall not disclose your username and transaction PIN Number to any person. If you key in the wrong PIN Number more than three (3) times, your Account will be blocked and Boost will suspend any Transactions made. Please contact us at support@myboost.com.my to reactivate your Account. You shall be solely responsible and liable for any use and misuse of your Account and transaction PIN Number and all activities that occur under your Account.

2.11      The record of all Transactions authenticated through the transaction PIN Number and Mobile Device number registered for the Account shall be binding and conclusive evidence of your Transactions. Any information, instructions and/or confirmation sent from the Mobile Device via the Account shall be deemed to have been issued by you notwithstanding that such information, instructions and/or confirmation may have been issued by a third party, whether authorised or otherwise, Boost shall deem that the Services has been accessed legitimately and the Transactions conducted shall be valid. Boost shall not entertain any request to reverse any wrongful Transactions authenticated through the Transaction PIN Number and Mobile Device / mobile number registered for the Account.

2.12      Notwithstanding anything to the contrary, we reserve the right to block or decline any transaction at our sole and absolute discretion without assigning any reason thereto.

2.13      You may opt out from the Service at any time by deleting your account on the app.

2.14      You acknowledge that Boost offers product powered by the Partners as part of our Services.

2.15      You agree to indemnify Boost from any expenses, liability, loss, damages and actions whatsoever arising from your purchase and use of products that are powered by the Partners from Boost.

Basic Wallet :

3.1      Wallet Limit is Ringgit Malaysia One Thousand (RM1,000).

3.2     Daily and Monthly Transaction Limit for Payment is Ringgit Malaysia Two Thousand (RM2000).

3.3     This Basic Wallet has a Cash-In feature, which allows the subscriber to reload or make a top-up of maximum value of Ringgit Malaysia One Thousand (RM1000). The user of Basic Wallet can also make Payments subject to its applicable Wallet Limit and Monthly Transaction Limit.

3.4     The monthly reload or top-up limit using credit card for Basic Wallet is Ringgit Malaysia One Thousand (RM1,000.00). There are no limits for reload or top-up using bank transfer and debit card.

3.5     To register as a user for this Basic Wallet, a potential subscriber only needs to produce basic information such as mobile number, sufficiency of such information for any approval for the Basic Wallet shall be determined by us. All potential subscribers for this Basic Wallet shall be screened by us. The approval of any application to subscribe for this Basic Wallet shall be at our sole and absolute discretion.

3.6      Electronic Money Transfer is not available to Basic Wallet.

Premium Wallet:

3.7      Wallet Limit is Ringgit Malaysia Four Thousand Nine Hundred and Ninety Nine (RM4,999).

3.8      Daily and Monthly Transaction Limit is Ringgit Malaysia Four Thousand Nine Hundred and Ninety-Nine (RM4,999) per transaction.

3.9      The combined Monthly Transaction Limit for Payment and Electronic Money Transfer is Ringgit Malaysia Four Thousand Nine Hundred and Ninety Nine (RM4,999). The imposition of the Wallet limit, and Monthly Transaction limit is to avoid any fraudulent, illegal or unlawful transactions including but not limited to breaches of regulation and guidelines under the Financial Services Act 2013 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

3.10      Subject to the Wallet Limit and Monthly Transaction Limit applicable to Premium Wallet as stated above as well as all relevant KYC and screening process, a user of the Premium Wallet can perform the following transactions:

(a) Cash In;

(b) Electronic Transfer; and

(c) Payment.

3.11    The monthly reload or top-up limit using credit card for Premium Wallet is Ringgit Malaysia Two Thousand (RM2,000). There are no limits for reload or top-up using bank transfer and debit card.

3.12      To subscribe for the Premium Wallet you must submit your mobile number, name as per ID, preferred name, email address, ID number or if necessary, ID documentation (only MyKad, MyPR or a valid passport is accepted) and will be subjected to a KYC process to ensure compliance with all relevant legislation and regulations. We reserve all rights to refuse, reject and/or decline your application at our sole and absolute discretion without assigning any reasons whatsoever, and our decision shall be final and conclusive.

3.13      You may only have one (1) Premium Wallet per ID. In the event you have more than one Premium Wallet,  you must choose your preferred Premium Wallet by 18th May 2020 and the remaining wallets will be treated as Basic Wallets. If you do not choose your preferred Premium Wallet by 18 May 2020, all the wallets will be treated as Basic Wallets.

Credential on File Feature:

3.14      By registering and linking the Credential on File to your Account, you hereby authorise us to perform the following:

to automatically debit your Account upon receipt of billing instructions from the relevant Participating Merchants; and    
to disclose the relevant information required by the Participating Merchant to facilitate the Credential on File process which may include your personal data and/or information. 

3.15      You shall ensure that you have sufficient Available Balance in your Account to facilitate the Credential on File feature. If the Available Balance is insufficient, we may reject the payment and you shall be solely responsible to make payment to the relevant Participating Merchant. In this respect, you hereby authorise us to release the grounds of rejection of any payment to the Participating Merchant.

3.16      You hereby agree to indemnify us and keep us indemnified against any claims, losses, damages, costs and expenses that we may incur arising from your authorisation and request to us to debit your Account or any error in such authorisation due to any reason whatsoever, unless it is due to our gross negligence or willful default.

3.17      We shall not be liable due to any error, neglect, refusal or omission to make, or delay in making, any and all payments to the Participating Merchant.

3.18      We reserve the right at our absolute discretion to approve or reject the Credential on File transaction for any reason whatsoever.

3.19      We reserve the right to terminate the Credential on File feature without assigning any reason whatsoever. In the event of termination of the Credential on File feature:

1. we shall be under no obligation to deduct your Account for payment to any Participating Merchant under the Credential on File feature; and  
2. we shall not be liable for any losses or damages that you may suffer. 

3.20     You may terminate the Credential on File feature at any time by disconnecting the Credential on File Service from your Account.

3.21      Upon termination of the Credential on File feature pursuant to Clauses 3.19 and 3.20:

1. we shall cease performing the actions in Clause 3.14 above; and. 
2. you shall be liable to settle all sums due to the Participating Merchant directly, and we shall not be liable for any claims, demands and losses caused by such termination. 

3.22    We shall only attend to queries relating to the payment of charges via the Credential on File feature. You shall be responsible to refer any other queries to the Participating Merchant, including but not limited to queries relating to transaction disputes.

4.1       You shall:

• keep your personal information, Password and PIN for your Account confidential at all times and shall take all steps to prevent the disclosure of your Password and PIN;
• ensure that all information and data provided to Boost including personal data are true, accurate, updated and complete at the time of provision and shall promptly update such information and data if there are any changes to the same. Boost shall not be responsible and liable whatsoever and howsoever to you due to any inaccurate or incomplete information and data provided to Boost;
• comply with all notice or instructions given by Boost from time to time in relation to the use of the Service and App;
• be responsible for all equipment necessary to use the Service and App, and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service and App;
• be responsible and liable for all usage of and all payment of the fees, charges, taxes and duties for using the Services including but not limited to payment of all fee, charges, taxes and duties for the purchase of products and/or services to Boost and third parties including Participating Merchants in a timely manner;
• be fully responsible for any and all data, information, instructions and/or confirmation transmitted or broadcasted from your Mobile Device whether by you or any other person whether authorized or otherwise. Boost shall deem that the Services have been accessed legitimately and any Transaction made as a result of transmission of such data, information, instructions and/or confirmation are valid;
• comply with all applicable laws of Malaysia relating to the Service, including without limitation to the Communication and Multimedia Act 1998, Financial Services Act 2012, Anti Money Laundering Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and their respective subsidiary legislation, which may be amended from time to time;
• take all reasonable steps to prevent fraudulent, improper or illegal use of the Service;
• cease to utilise the Service or any part thereof for such period as may be required by Boost;
• report immediately to Boost upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to the Mobile Device and its use. You agree to lodge a police report whenever instructed by Boost and to give Boost a certified copy of such report;
• access the App and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services or the App (including participate in any campaigns/ promotional activities initiated by us) in good faith;

(l) download and install the Boost app from the Google Playstore and/or Apple iOS store from the official Boost account. Any downloads & installation outside of this will be deemed unlawful and any actions thereafter by the user will not be liable by Boost; and

(m) fully indemnify and shall keep Boost fully indemnified against any loss, damage, liability, cost or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorised use or exploitation of the Services or part thereof.

4.2       You shall not:

• use the Service and/or the App to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person; 
• use the Service and/or the App dishonestly, fraudulently or illegally; 
• use the Service and/or the App to cause excessive or disproportionate load on the Service or Boost’s system; 
• use the Service and/or the App for any unlawful purposes including but not limited to vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person any message which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character; 
• use the Service and/or the App for any purpose which is against public interest, public order or national harmony; 
• use, permit or cause to be used the Service and/or App improperly or for any activities which breach any laws, infringe a third party’s rights, or breach any directives, content requirements or codes promulgated by any relevant authority including activities which will require Boost to take remedial action under any applicable industry code or in a way interferes with other users or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying the Service or the internet; 
• circumvent user authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with service to any user, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Boost’s legitimate web pages (referred to as “page-jacking”), or use the App or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability, and Boost will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities; 
• attempt to probe, scan or test the vulnerability of any of Boost system or network or breach any security or authentication measures; 
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of the service providers or any other third party (including other users) appointed by us to protect our ability to provide the Service; 
• attempt to download the App for the use of the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other approved third party web browsers; 
• copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer and/or otherwise make available any of the Services or any information obtained by you while using the Services or while accessing the App; 
• remove, change and/or obscure in any way anything on the App and/or the Services or otherwise use any material obtained whilst using the App and/or the Services except as set out in the Terms and Conditions; 
• copy or use any material from the App and/or the Services for any commercial purpose, remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material, or from any material copied or printed off from the App, or obtained as a result of the Services; 
• use any of our trademarks, logo, URL or product name without Boost’s express written consent; 
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service; 
• impersonate or misrepresent your affiliation with any person or entity; 

(p) attempt to receive funds from both Boost and a Participating Merchant or other third party seller for the same transaction by submitting similar claims;

(q) use an anonymizing proxy while registering an Account;

(r) control an Account that is linked in any way to another account that has or suspected to be engaged in any restricted activities under these Terms and Conditions;

(s) interfere with another’s utilization and enjoyment of the App or Services;

(t) manipulate or exploit our promotional campaigns/ activities or other Services in anyway which Boost may deem as improper, irregular o dishonest;

(u) use the Services for, or in relation to, any illegal purpose or criminal activity of any nature; and

(v) use the Services dishonestly or in bad faith or with malicious intent.

4.3       You acknowledge that chat, discussion groups or bulletin board services and similar services offered by Boost (“Public Communication Services”) are public communications, and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. Boost is not responsible for, and does not control or endorse any Public Communication Services.

4.4       Notwithstanding anything to the contrary, if any information provided by you is untrue, inaccurate, not current or incomplete, Boost has the right to immediately terminate your account and refuse any and all current or future use of the Services or access to the App.

5.1       Boost reserves the right to make any alteration or changes to the Service, or any part thereof, or suspend or terminate the Service or any part thereof without prior notice and Boost shall not be liable for any loss or inconvenience to you resulting therefrom.

5.2       Boost reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend these Terms and Conditions in accordance with Clause 18.6 hereof.

5.3       Unless otherwise notified by you, you agree that Boost may send you notifications relating to promotional and marketing activities from time to time. You may opt out from receiving any promotional or marketing messages from Boost by unsubscribing via email or contacting customer service.

5.4       Boost may extract any details or personal information or any other data from you which is required to be used as evidence in court and/or when necessary in the event of a suspected and or proven misuse of the Service.

5.5       Boost may run campaigns/contest or promotions in relation to the Service as may be notified to you from time to time. You agree that your participation in such campaign/contest/promotion shall be subject to the specific terms conditions of such campaign/contest/promotion.

5.6       You agree that by using the Services, you are giving consent to Boost that the information collected by Boost from you (“Personal Information”) will be used and/or disclosed in accordance to our Privacy Policy as posted on our website and Personal Data Protection Act 2010. You are advised to read our Privacy Policy to understand your rights with regards to your Personal Information.

5.7       Boost may request for additional information or documentation at any time and for any reason, including but not limited to confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with Boost. You agree that you will provide such information and/or documentation promptly to Boost upon request. If you do not provide such information and/or documentation promptly, Boost may, without any liability to you, either limit your use of the Services or suspend or close your Account.

6.1       Mode of Instructions to Boost are as follows:

(a) In App: You may make a request for customer service from the App;

(b) Email: You may email your request to support@myboost.com.my;

(c) Social Media: You may send/ post a message on our Boost social media pages; and

(d) any other modes acceptable to us in our sole and absolute discretion

6.2       You request and authorise Boost to rely and act upon all apparently valid communications as instructions properly authorised by you, even if they may conflict with any other instructions given at any time concerning bill or service requirements.

6.3       An instruction will only be accepted by Boost if you have passed through certain security criteria as determined by Boost from time to time.

6.4       You agree that Boost may act on any instructions given to Boost even if these instructions were not authorised by you.

6.5       Boost will make reasonable efforts to process any instruction where you request Boost to do so, but Boost shall not be liable for any failure to comply with such a request unless it is due to Boost’s failure to make reasonable efforts to do so.

6.6       You must make sure that any instruction is accurate and complete, and Boost is not liable if this is not the case.

6.7       A transaction being carried out is not always simultaneous with an instruction being given. Some matters may take time to process and certain instructions may only be processed during normal working hours, even though the service may be accessible outside such hours.

6.8       You will be responsible for all losses and payments (including the amount of any transaction carried out without your authority) if you have acted with gross negligence so as to facilitate that unauthorised transaction, or you have acted fraudulently. For the purposes of this Clause, gross negligence shall be deemed to include failure to observe any of your security duties referred to in the Terms and Conditions.

6.9       If Boost reasonably believes that a transaction has been made fraudulently, illegal or in breach of these Terms and Conditions, Boost has the right to deduct from your Boost wallet such transaction amount.

7.1       The Intellectual Property Rights in respect of all materials including without limitation all current and future copyrights, patent, trademarks, rights in databases, inventions or trade secrets, know-how, rights in designs, integrated circuit, topographies, trade and business names, domain names, get up, arks and devices (whether such applications can be made) which are capable of being protected and/or enforced in Malaysia and/or any relevant country of the world, any brand names, trademarks, services, products, hardware and software shall remain vested in the party originating or which has acquired the same. For clarity purposes, all trademarks used on the App and/or the Services are the trademarks of Boost unless specified otherwise.

7.2       You acknowledge and agree that the Services and the App are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.

7.3       You are only allowed to use the App and the Services as set out in the Terms and Conditions, and nothing on the App and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property of other proprietary rights of Boost.

8.1       Boost reserves the right to impose any charges, fees or subscriptions (“Charges”) for the use of certain Services, if such Charges are required. Some Services may be chargeable as indicated on the App and in any accompanying Terms and Conditions.

8.2       Boost will charge a fee to Boost customers who Cash-Out of their wallet into their bank account of choice. The charges are as follows: (a) 2% of the Cash-Out amount, up to a maximum fee of RM2 for each Cash-Out request. The Charges will be paid by deducting from your wallet balance. Notwithstanding the foregoing, Cash-Out will no longer be available beginning from 18 May 2020.

8.3       If any supply made under these Terms and Conditions is a taxable supply to which the applicable tax (including but not limited to the Malaysian Goods and Services Tax (“GST”) would apply (“Applicable Tax”), then Boost reserves the right to levy the Applicable Tax at the prescribed rate and you agree to pay the amount of the Applicable Tax.

8.4       In accessing and using the App and/or Services, you shall be fully responsible and liable for all charges and payment due to your communications services provider to access the App and the Services including but not limited to telephone charges and internet/data charges

8.5       We are not liable for any fees raised by third parties including, but not limited to, card issuers or banks, for the usage of our Services. We reserve the right to decline acceptance of payment instruments, such as credit cards, debit cards or bank accounts, as funding methods at our sole discretion

9.1       The App and the Service are provided on an “as is” and “as available” basis.

9.2       Except as expressly set out in these Terms & Conditions, all representations, conditions and warranties (whether express or implied, statutory or otherwise) including but not limited to the availability, accessibility, timeliness and uninterrupted use of the App and Service; sequence, accuracy, completeness, timeliness or the security of any data or information provided to you as part of the Service; any implied warranty of merchantability; any implied warranty of fitness for a particular purpose; any implied warranty of non-infringement; and any implied warranty arising out of the course of dealing, custom or usage of trade with respect to the Service provided by Boost are expressly negative and excluded. The representations, conditions and warranties set forth in this Agreement with respect to the Services and App are the only representations, conditions and warranties made by Boost and will not be enlarged or diminished without Boost’s prior written approval.

10.1      Boost shall not be liable for any liability, loss, damages, cost and/or expenses (whether direct or indirect), or for loss of revenue, loss of business, loss of profits or any consequential or indirect loss whatsoever as a result of your use and/or misuse of the Service.

10.2      It is your sole responsibility to make all efforts to ensure your App is up to date. The Services and in particular, Charges are periodically updated and you should check the App and the Services regularly to ensure that you have the latest information. You should also ensure that you download the most up to date version of the App and the Services.

10.3      You acknowledge that Boost is unable to exercise control over the security or subject matter passing over the Telecommunication Provider’s Network, the App or via the Services, and Boost hereby excludes all liability of any kind for the transmission or reception of infringing any subject matter of whatever nature.

10.4      The App may contain links to website, web pages operated by third parties and you agree that your use of each website, webpage and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services of these third parties. You shall comply with the said terms and conditions and fully indemnify and to hold Boost harmless from and against any claim resulting from your breach of any of the said terms and conditions.

10.5      Boost assumes no responsibility for and does not endorse unless expressly stated, created or published by third parties that is included in the App and the Services or which may be linked to and from the App.

10.6      The App and/or the Services may be used by you to link into other applications, websites, resources and/or networks worldwide. Boost accepts no responsibility for the services, and you agree to conform to the acceptable use policies of such website, resources and/or networks.

10.7      Notwithstanding anything to the contrary contained herein, the maximum liability of Boost shall not exceed an amount equivalent to the aggregate sum of the Available Balance of your Account at the date on which your claim arises.

11.1      Boost shall not be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of, or in connection with the performance of, or use of Services available on the App and in particular, but without limitation to the foregoing, Boost specifically excludes all liability whatsoever in respect of any loss arising as a result of:

(a) use which you make of the App and the Services, or reliance on Services, or any loss of any Services resulting from delays, non-deliveries, missed deliveries, or service interruptions; and

(b) defects that may exist for any costs, loss of profits, or consequential losses arising from your use of, or inability to use or access, or a failure, suspension or withdrawal of all or part of the App and the Services at any time.

11.2      All conditions or warranties that may be implied or incorporated into the Terms and Conditions by law, or otherwise are hereby expressly excluded to the extent permitted by law.

11.3      In the event that you are not satisfied with the Services provided through the App, you can choose to discontinue with the Services.

11.4      Boost makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks which we have no control. The internet is not a secure environment. Unwanted programs or materials may be downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge.

11.5      You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Boost arising from the above claims, and shall provide Boost with notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at your sole expense.

12.1      You are fully responsible for all products and services purchased when you make any payment through your Account or anytime when you authorize and Authenticate amounts to be deducted from your Account. You shall be fully responsible for ensuring that the transaction amount is correct.

12.2      In the event that you discover any error or discrepancy in your account, you must contact us within fourteen (14) days from the date of the disputed transaction, failing which you shall be deemed to have accepted the accuracy of your transaction. In the event that it is revealed in the course of our investigation that the disputed transaction was indeed made in error by us, we will refund the disputed sum in the manner as stated in our Refund Policy.

12.3      You agree and consent to the use by Boost and/or its employees, personnel and advisors of any information related to you, the particulars of the transaction(s) or any designated account relating to the transaction(s) for the purpose of investigating any claim or dispute arising out of or in connection with the disputed transaction(s) and that this consent shall survive the termination of the Service and/or this Agreement. You further agree that in the event of a dispute or claim of any nature arising in respect of any transaction, the records of the transaction(s) generated by us shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim.

13.1      If we reasonably suspect that you may be engaging in any of the restricted activities as set out in Clause 4 above or may be in breach of any of the representations, warranties, Terms and Conditions, we may, without any liability to you, take the following action(s) as we deem necessary:

(a) report any suspicious or illegal activity to the relevant authorities;

(b) cancel or refuse any Transactions;

(c) suspend or close any Accounts or terminate this Agreement and/or the Services or part thereof provided to you;

(d) withhold/ forfeit/ withdraw any cash back/ monies/ reward which may release/ have released to you pursuant to any promotion campaigns/ activities/ refund process;

(e) apply, at our sole discretion, prevention and detection procedures and refuse the execution of Transactions; or

(f) take further steps as we, in our reasonable discretion, may deem necessary, including taking legal action against you.

13.2      The suspension of the Service with respect to a particular breach shall not in any prejudice or prevent Boost from exercising its right to terminate this Agreement and the Services with respect to the same breach.

13.3      Notwithstanding anything to the contrary, Boost may at any time, for any reason whatsoever and without any liability to you:

(a) suspend the Services or part thereof provided to you; and/or

(b) terminate this Agreement and/or the Services or part thereof provided to you, by giving written notice to you.

13.4      If Boost terminates or suspends the Service or any part thereof pursuant to Clause 13.1, Boost shall not be obliged to refund the Available Balance (if any) until and unless clearance has been obtained from the relevant authorities or Boost management, if applicable.

13.5      If you do not log in to your Account for more than six (6) months, and there are no funds remaining in your Account, Boost may in its discretion treat your account as dormant and may suspend your Account. If your account is suspended, you should contact Boost’s customer support team to reactivate your Account. Boost will reactivate your Account at its sole discretion and subject to Boost’s prevailing policies and procedures.

13.6      In the event the Account and/or Service has been suspended and you request for reactivation of the same, Boost may at its absolute discretion reactivate the Account and/or Service subject to any requirements as may be determined by Boost. You agree that Boost shall not be liable to you in relation to any inability of yours to access your Account or the Services or any part thereof.

13.7      User is able to request for their account to be suspended or unsuspended by email support@myboost.com.my or in app request to the boost customer service team. Further validation will be required to authenticate the user.

13.8      Termination of this Agreement for any reason shall not release You from any liability which, at the time of such termination, has already accrued to Boost or which is attributable to a period prior to such termination nor preclude Boost from pursuing any rights and remedies it may have hereunder or at law or in equity with respect to any breach of this Agreement.

14.1      If you need a refund in respect of any fees or payments made towards the Service or any part thereof, please contact Boost at support@myboost.com.my. Subject to Boost’s determining to its satisfaction that your money was wrongly deducted from your Account for Payment by Boost due to (i) technical error of Boost where your attempted Transaction does not go through; (ii) services purchased in App was not made available, Boost may refund to your Account such money which was wrongly deducted.

14.2      Notwithstanding the above, you are only entitled to a refund if you have transacted for following Service:

(a)        Cash In service;

(b)        Payment

However, we shall not be responsible to settle any dispute that you may have with merchant for the purchased of goods and services using the Services. You shall be responsible to contact the respective merchants for a refund for products or services purchased from the merchants. We shall not liable any disputes that you may have with the Merchant and you hereby agree to pay us all Fees and Charges and the merchant for the value of the transaction, notwithstanding any dispute.

14.3      In the event you terminate the Service and you are entitled to a refund, the sum shall be credited to a different Account nominated by you less the bank charges applicable. You shall provide to Boost all necessary information and documents for the purpose of refund upon request.

14.4      Boost reserves its right not to refund any disputed amount to you if Boost believe you acted in contrary to these Term and Conditions.

14.5      In the event the Service or your Account is ceased, terminated or suspended by Boost due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013 and/or Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA) or any regulation and/or guidelines made thereunder), you shall not be entitled to obtain any refund of the Available Balance whatsoever and it shall be lawful for Boost to retain for an indefinite period or release to the relevant authorities the Available Balance in accordance with applicable legislation, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.

15.1      You hereby agree to fully indemnify and to hold Boost harmless from and against any claim brought by a third party resulting from the use of the App and the Services in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered, or incurred directly or indirectly by Boost in consequence of  and/or in connection with your use of the App and the Services, and your breach of any of the Terms and Conditions.

16.1      Without limiting the generality of any provision in these Terms and Conditions, Boost shall not be liable for any non-performance and/or delay in performance of its obligations herein (including but not limited to the non-availability and/or interruption in the Services) caused by Force Majeure.

16.2      Notwithstanding Clause 16.1 above, you shall remain liable to pay all fees and charges which are outstanding and/or due and payable to Boost.

17.1     You may address your queries or complaints in relation to the Service or App or the Electronic Money in your Account via email at support@myboost.com.my or by raising a request from the Boost app in the FAQ section.

17.2     If the reply to your query or complaint is not satisfactory to you, you may contact the following bodies:

Bank Negara Malaysia
Laman Informasi Nasihat dan Khidmat (LINK)
Ground Floor, D Block,
Jalan Dato’ Onn,
50480 Kuala Lumpur.

Contact Centre (BNMTELELINK)
BNM Web Form:
https://telelink.bnm.gov.my/

Ombudsman for Financial Services (664393P)
(formely known as Financial Mediation Bureau)
14th Floor, Main Block,
Menara Takaful Malaysia,
No. 4, Jalan Sultan Sulaiman,
50000 Kuala Lumpur.

18.1 GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia, and you hereby submit to the exclusive jurisdiction of the Malaysian courts.

18.2 SEVERABILITY
Where any provision of, or the application of any provision of this Agreement is illegal or unenforceable or deemed to be illegal or unenforceable, the provision shall continue to apply with the necessary modification in order that the provision is legal, valid and enforceable provision. In the event that it is not possible to modify the relevant provision to make the provision legal, valid and enforceable, then such part of the provision which is illegal, invalid or unenforceable shall be severed but the remaining parts of the provision shall remain unaffected.

18.3 WAIVER
(a) No failure or delay on the part of Boost in exercising any rights or remedies under these Terms and Conditions at any time or for any period of time, nor any knowledge or acquiescence by Boost of any breach of any provision of these Terms and Conditions shall operate as or be deemed to be a waiver thereof nor shall a waiver by Boost of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

(b) Any waiver of any right or remedy of Boost under these Terms and Conditions shall only be valid and effective if it is agreed to by Boost in writing.

18.4 REPRESENTATIONS
You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Terms and Conditions or not) other than as expressly set out in the Terms and Conditions as a warranty.

18.5 ASSIGNMENT
(a) You shall not assign or novate these Terms and Conditions without Boost’s prior written consent. The Account cannot be pledged or used in any manner by you as any form of security instrument for any purpose whatsoever.

(b) Boost may assign or novate these Terms and Conditions to any third party by written notice to you and you shall execute such documents as may be reasonably required to give effect to the assignment or novation.

18.6 VARIATION OF TERMS AND CONDITIONS
(a) Boost reserves the right to amend, modify, change, delete, add or vary the Terms and Conditions from time to time at their absolute and sole discretion. These amendments and variations may include, but not limited to changes in the fee and charges, product features and service offerings. Boost shall provide at least twenty one (21) calendar days notice of any such amendments, modifications, changes, deletion, addition or variation prior to the amendments or variations take effect. 

(b) All notices by Boost in relation to variation of Terms and Conditions may be given by displaying on the screen upon access to the App and/or Boost website, via email, Facebook messenger or any other manner as Boost deems fit. 

(c) In the event where Boost is of the view that immediate changes are necessary to safeguard the security of the Accounts and the Services, you acknowledge that the App may be automatically updated at Boost’s sole discretion without notice to you. 

(d) You shall be deemed to have agreed and accepted such amendments or variations of Terms and Conditions without reservation if you continue to access and use Boost wallet and the App after the effective date of any such amendments or variations on the date specified in the notice, or where effective date is not specified, after a period of twenty one (21) calendar days upon notice is communicated via channels in accordance with Clause 18.6 (b).

For the purpose of these Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein:

“Account”
means your electronic wallet account which is:

(a)        link to the telephone number of your Mobile Device;

(b)        managed and supervised by Boost; and

(c)        which records, amongst other things, the amount of Electronic Money which is available to you for use;

“Activation”or “Activated”
means the point in time when your Account is activated for use;

“App”
means software application named as “Boost” or such other name as may be determined by Boost from time to time which is downloaded unto the Mobile Device;

“Authentication” or “Authenticated”
means a confirmation sent by you to Boost authorizing a particular transaction undertaken or transacted by you. Such authenticated shall be in a manner stipulated or determined by Boost from time to time including but not limited to keying in your personal identification number;

“Available Balance”
means the funds in the form of Electronic Money which can be used at any given time subject to the Wallet Limit;

“Boost” or “we” or “us” or “our”
means AXIATA DIGITAL ECODE SDN BHD (Company No. 1214970-T;

“Cash-In”
means the topping up of the Electronic Money into your Account using such methods, including but not limited to via online banking or credit / debit cards linked to your Boost Account;

“Cash Out”
means the withdrawal of Electronic Money from your Account;

“Charges”
has the meaning prescribed to it in Clause 8 hereunder;

“Credential on File”
means a feature on the App which allows you to register and store your Account credentials and to authorise us to deduct specific amounts from your Account for transactions made with Merchants which you have authorised under this feature without having to seek your additional authorisation;

“Daily Transaction Limit”
means the limit imposed on relevant Transaction in any one (1) calendar day;

“Electronic Money”
means money in digital form provided by Boost in exchange for monies paid to Boost and which may utilized by you via the App to make Payment, to Cash Out, to do an Electronic Money Transfer and/or to undertake such other transactions which may be stipulated by Boost from time to time;

“Electronic Money Transfer”
means the service which enables you to transfer Electronic Money from your Account to another user’s Account or to receive Electronic Money into your Account from another user’s Account;

“FAQ”
means frequently asked questions as made available on www.myboost.com.my;

“Force Majeure”
means any cause which is not within the control of Boost including but not limited to act of God, flood, natural disaster, landslides, mudslides, soil erosions, storm, fire, earthquakes, war, riot, civil commotion, natural catastrophe, industrial disputes of any kind, act of government, government restraint, expropriation, change of law, strike, lockouts, blockade, outbreaks and pandemics and the interruption or failure of utility service including but not limited to electric, power, gas, water or telecommunication services;

“Intellectual Property Rights”
means rights in, and in relation to, any patents, registered designs, design rights, trademarks, trade and business names (including all goodwill associated with any trademark or trade business names), copyright and related rights, moral rights, databases, domain names, semi-conductor and other topography rights and utility models, and including the benefit of all registrations of, applications to register and the right to apply for registration of any of the foregoing items and all rights in the nature of any of the foregoing items, each for their full term (including any extensions or renewals thereof);

“Mobile Device”
means a portable and wireless telecommunications device together with accessories including but not limited to smartphones and handheld tablets used by you to access and/or use the Service;

“Monthly Transaction Limit”
means the limit imposed on relevant Transaction in any one (1) month;

“Payment”
means the payment to Boost and/or Participating Merchants for the purchase of goods and services using Electronic Money by means of the App;

“Participating Merchant”
means merchants designated by Boost to sell goods and/or services in exchange for Electronic Money by means of the App;

“Partners”
means the business partners of Boost who offer and sell its goods and services (including but not limited to prepaid mobile credit reload from Maxis, Digi, U Mobile, Tune Talk, XOX, Altel) on the App and/or Boost website;

“Refund Policy”
means the refund policy as set out in Clause 14 hereof or may be determined from time to time by Boost with respect to the Services;

“Service(s)”
means a stored value service provided by Boost via the App which enables you to perform the transactions set out in Clause 2.5;

“Terms and Conditions” or “Agreement”
means these terms and conditions for the Service as may be varied or modified from time to time at Boost’s sole discretion;

“Transaction”
means the transaction performed by you via the Service including: –

(a)       Payment;

(b)       Cash-In;

(c)       Cash-Out;

(d)       Electronic Wallet Transfer; and

(e)        or any other service as may be introduced by Boost from time to time;

“Wallet Limit”
means the maximum amount of funds that can be stored in your Account at any point in time depending on the type of your Account as approved by Bank Negara Malaysia (Basic Wallet: RM 200.00 and Premium Wallet: RM 1500.00). We reserve the right to revise the Wallet Limit in accordance with any instructions/ regulations/ rules prescribed by Bank Negara Malaysia;

“You” or “Your”
means the person who uses and/or accesses the Services;

“KYC”
Know Your Customer process as determined by us from time to time;

“Password and PIN”
means the password used to log into the App and the PIN is used to authorize every payment from the wallet.

1) TERMS & CONDITIONS FOR “BOOST MISSIONS FEATURES”

This Boost Missions Feature (“Missions”) offered under the Boost Service is made available by Boost to you, subject to the Boost terms and conditions. You acknowledge that you have read and fully understood these terms and conditions. Your participation in the Missions, upon activation, constitutes unconditional acceptance to be bound by these terms and conditions as may be amended from time to time. In the event of a conflict or inconsistency between these terms and conditions and Boost terms and conditions, such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these terms and conditions and (ii) Boost terms and conditions.           

Duration of Feature This Boost Missions Feature is made available from 31 January 2019 and shall continue to be available until further notice is issued by Boost. Any extension or discontinuation of this Boost Missions Feature shall be at the sole discretion of Boost.           

Eligibility This Feature is made available to all Boost users.           

Feature Mechanics

a) Joining Boost Missions

1. Boost may from time to time at its discretion release missions (“Mission”) for you to participate.
2. The participation in Missions is on first come, first served basis and is limited to a fixed number of participants.
3. Some Missions are limited to one-time participation per user, while some allow for multiple participations per user.
4. You will need to opt in to a Mission to activate your participation. By participating in a Mission, you are deemed to agree to the terms and conditions of the respective Mission which may be found in the Mission briefs, as well as fulfil the respective Mission criteria in order to complete a particular Mission.
5. Selected users will automatically be opted in to selected targeted Missions. Such targeted Missions are not transferable to other users.
6. Each user can only have 4 activated Missions at any point in time.
7. Users may only participate in a particular Mission once unless stated in the respective Mission’s terms and conditions.
8. Users may, at any time, opt out from participating in any Boost Missions, including targeted Missions.

b) Completing Boost Missions

1. Spending transactions will only be reflected in the Boost Missions tracker after at least 5 minutes of each transaction.
2. Transactions will be accounted towards a mission only if that transaction would result in completing one (1) mission.
3. If a transaction results in more than one (1) missions being completed, only 1 mission would be accounted for based on the following order:           
   a) the mission with the highest reward;           
   b) if the rewards for missions are of the same amount, the mission with the earliest expiry period; and           
   c) if the missions are of the same expiry period, the mission with the earliest participating date.
4. If a transaction does not result in completing any mission but contribute to the progress of a mission (i.e. cumulative spend missions), that transaction would only be accounted for the progress of only one (1) mission based on the following order:           
   a) the mission with the highest reward;           
   b) if the rewards for missions are of the same amount, the mission with the earliest expiry; and           
   c) if the missions are of the same expiry, the mission with the earliest joining date.

c) Boost Missions Rewards

1. For each Mission that is completed, you will be rewarded with “Boost Coins” and/or cash rewards (“Mission Rewards”) in the Boost App which will be given to you as per the terms and conditions of the respective Mission. You may use Boost Coins earned to participate in other Missions.
2. You are required to claim your reward upon completion of the Mission. Boost may forfeit any reward which is unclaimed at its discretion.
3. Boost Coins used to participate in Missions are not refundable if a user fails or opts out from a Mission.
4. If a Mission is not completed within the prescribed time limit, you will not be eligible to get the Mission Reward and you Boost Coins used to participate in such Mission will not be refunded.
5. Mission Rewards are non-transferable and non-exchangeable.
6. Boost Coins cannot be exchanged for cash or e-money.

2) TERMS AND CONDITIONS OF BOOST CASHUP

This CashUp Feature (“CashUp”) offered under the Boost Service is made available by Boost to you, subject to the Boost terms and conditions and privacy policy. You acknowledge that you have fully read and fully understood these terms and conditions. Your usage of the CashUp Feature constitutes unconditional acceptance to be bound by these terms and conditions as may be amended from time to time. In the event of a conflict or inconsistency between these terms and conditions and Boost terms and conditions, such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these terms and conditions and (ii) Boost terms and conditions.

Duration of CashUp Feature

This CashUp Feature is made available from 9 November 2019 and shall continue to be available until further notice is issued by Boost. Any extension or discontinuation of this Boost CashUp Feature shall be at the sole discretion of Boost.

Eligibility

This Feature is made available to all Boost users.

Feature Mechanics

1. By using this Feature, you may earn cashbacks from eligible partners (“Partners”) which are available on the Boost app by clicking on the CashUp tile (“CashUp Cashback”). Boost reserves the right to change, suspend or remove any of the eligible partners at our discretion.

2. The purchase made from the Partners under this Feature are subject to the relevant terms and conditions of the respective Partners as displayed on their respective pages on the Boost app as per the following example:

3. To earn the CashUp Cashback you must make purchases from the Partners using the CashUp Feature where you will be redirected to the Partner’s website and/or app.

4. Once you have made payment from a Partner, to continue earning CashUp Cashback you may make another purchase including purchases from the same Partner by repeating the process in items 1, 2 and 3 above.

5. To use this Feature, you must: 

a) not exit the app or multitask with your device during the ordering process. Your payment for purchase must be made within the same session; 

b) enable cookies on your device and use the same device throughout the ordering process; and 

c) disable any Ad Block software.

6. You may track your CashUp Cashback by tapping the “View Earnings” tab in the CashUp page in the Boost App. Once you have made payment, your CashUp Cashback amount will appear as “Pending” until confirmation or validation of the purchase by the Partner.

7. The Partner will only release your CashUp Cashback once the Partner has validated the transaction. You will not get your CashUp Cashback for cancelled or refunded transactions.

8. You will be able to transfer out the CashUp Cashback amount into your Boost wallet once your CashUp Cashback amount appears in the “Ready” section of “View Earnings” in the CashUp page. The readiness of you CashUp Cashback shall be subject to the respective Partner’s terms and conditions.

9. Once your CashUp Cashback is “Ready”, you can transfer the CashUp Cashback to your Boost Wallet by tapping on “Transfer All” in the CashUp page. The transfer will be instant and will be reflected in your Boost Wallet immediately.

10. You may perform the transactions using payment methods other than Boost. However, Boost will not be able to guarantee CashUp Cashbacks to be credited to your Boost wallet from usage of such non-Boost payment methods.

11. If you notice that your transactions are not tracked in the CashUp feature after the expiry of the relevant Partner’s tracking period, you may contact us via our app or website, or by sending an e-mail to support@myboost.com.my for assistance.

12. Boost disclaims any liability arising from the products and/services provided by the Partners.

3) TERMS AND CONDITIONS FOR BOOST LOYALTY PROGRAMME “BoostUP”

These terms for the Boost Loyalty Programme complement and incorporate by reference the Boost Terms and Conditions. In the event of any conflict between the Boost Terms and Conditions and these Boost Loyalty Programme terms, the Boost Terms and Conditions shall take precedence.

Duration of Feature           
This Boost Loyalty Programme is made available from 31 October 2019 and shall continue to be available until further notice is issued by Boost. Any extension or discontinuation of this Boost Loyalty Programme shall be at the sole discretion of Boost.

Eligibility           
This Feature is made available to all Boost users.

1. Effective 1st November 2021, Boost Coins will be known as Boost Stars. For clarity, you may/ may have seen that the Boost Loyalty Programme being referred to by Boost as “BoostUP Rewards Programme”. Please note that “Boost Loyalty Programme” and “BoostUP Rewards Programme” are used interchangeably and they have the same meaning.

2. By using the Boost Service, you will automatically be able to participate in the Boost Loyalty Programme to accumulate Boost Stars (“Stars”) and redeem rewards including, but not limited to e-vouchers and gifts offered by Boost and/or third party merchants listed in the rewards catalogue made available to you from time to time (“Rewards”). Upon your successful registration for a Boost account with Boost, you will be given free 200 Stars at the start of your membership in the Boost Loyalty Programme and you may commence earning Stars from eligible transactions under the Boost Loyalty Programme.

3. The Boost Loyalty Program is a tier-based program in which the membership tier (“BoostUP Rank”) is determined by the transaction amount accumulated within a quarter of a calendar year beginning on the date when first participated. The Boost Loyalty Programme offers three (3) membership tiers as follows:  

a. Rank 1: Red Recruit;  

b. Rank 2: Silver Sergeant; and  

c. Rank 3: Gold General.

For clarity, if you join the Boost Loyalty Programme in the first quarter of a calendar year, your BoostUP Ranks will be assessed in the following quarter.

4. BoostUP Ranks are reassessed at the end of every quarter of a calendar year in which the total transaction amount spent within a particular quarter of a given year may determine your BoostUP Rank in the following quarter. For clarity, the next assessment to determine your BoostUP Rank will be the end of the last quarter of 2021 (including for the users who join in November 2021). The review subsequent thereto would be at the of end the following quarter (i.e. first quarter of 2022).

5. Upon expiration of your BoostUP Rank tenure in a particular rank and if you have not made sufficient transaction amount to be retained in that tier, you may be moved/ downgraded to the next relevant membership rank.

6. You may earn Stars, in accordance with your BoostUP Rank (as set out in the table below), by making eligible transactions using your Boost Wallet. Notwithstanding anything herein, eCode may at its sole and absolute discretion assign the number of Stars to the respective BoostUP Rank. In addition to earning Stars through eligible transactions, you may receive additional bonus Stars (as set out in the table below) on spending made in the past calendar month should you maintain a 100% Online Banking Boost wallet Cash in the immediate past calendar month. For clarity, “100% Online Banking Boost wallet Cash in” means every and all cash in transaction made by you into your Boost wallet is via online banking.

7. Transactions which are not-eligible for earning Stars are set out below:   

a. Peer-to-peer transfer;           
b. Boost wallet Cash In;           
c. Transactions on investment related products;           
d. Zakat payments;           
e. PTPTN payments;           
f. entire or part of payments using Partner Wallet (with effect from 8 June 2022);           
g. payments made via non-Boost DuitNow QR codes (with effect from 1 June 2022);           
h. entire or part of payments using Pay with Stars (with effect from 8 June 2022);           
i. any other transactions that Boost may, from time to time, in its absolute discretion decide to be not-eligible for earning Stars.

For illustration purposes of Clause 7(f) above, if a User makes payment for a total amount of RM100, whereby RM10 is deducted from the User’s RM10 Partner Wallet and the remaining RM90 is deducted from the User’s Boost Wallet, the User will only be eligible to earn Stars for the RM90 deducted/ spent.

For illustration purposes of Clause 7(h) above, if a User makes a payment for a total amount of RM50, whereby a RM5 discount is redeemed with Boost Stars via the Pay with Stars feature and the remaining RM45 is deducted from the User’s Boost Wallet, the User will only be eligible to earn Stars for the RM45 deducted/ spent.

8. Stars will not be awarded if in Boost’s reasonable opinion the merchandise purchased will be used for resale or commercial use and any Stars awarded on such purchases will be forfeited without notice.

9. Stars are automatically added to your BoostUP account after performing a successful and valid transaction (eligible for earning Stars). If you void a transaction made with your Boost Wallet or if you request for a refund or return of purchases, Boost will deduct the Stars that you earned for that transaction, potentially resulting in a negative Stars balance.

10. Boost disclaims any responsibility in the event of errors in the crediting of Stars, other than in relation to errors resulting from its own negligence.

11. When enough Stars have been accumulated to obtain the Rewards (s) desired, you may use your Stars to redeem such Reward from the App. For clarity, the Stars have validity period, you should use the Stars accumulated by you to redeem Rewards within the timeframe stipulated, failing which the Stars (all or part thereof depends on its respective validity period) shall expire and shall be automatically forfeited at the absolute discretion of Boost and without notice to you.

12. For clarity, unless otherwise stipulated in the relevant Campaign’s terms and conditions, the Stars default validity period is a period of nine (9) months or three quarters, whichever comes earlier.

13. In connection with the “FlexiRedeem” feature (introduced on 7 March 2022 and shall continue to be available until further notice is issued by Boost), you may redeem Rewards available under the “FlexiRedeem” tab on the BoostUP Rewards Catalogue in the App, using a combination of Stars accumulated and money from your Account (“FlexiRedeem Redemptions”) subject to the following.

Stars used in FlexiRedeem Redemptions are subject to the same terms & conditions as regular Stars;           
unless stipulated otherwise in the terms and conditions of FlexiRedeem Redemptions (if any), you will earn Stars for the money spent from your Account in FlexiRedeem Redemptions in accordance with your BoostUP Rank. For illustration purpose, if you spend RM10 and 1000 Stars on a FlexiRedeem Redemption, and you are ranked Silver Sergeant, you will earn 20 Stars from the said FlexiRedeem Redemption, unless otherwise stipulated in the terms and conditions.           

14. Stars and where applicable, money, used to redeem the Rewards (including FlexiRedeem Redemptions) shall not be refunded or returned or exchanged in any kind. Once redemption for the Reward is completed, the said redemption cannot be cancelled.

15. All redeemed Rewards are provided to you strictly on an “as is” basis, and without any warranty of any kind, including any implied warranty of merchantability, fitness for purpose, non-infringement or non-misappropriation of intellectual property rights of a third party, accuracy, content or results. Boost shall not be liable for any liability, loss, damages, cost and/or expenses (whether direct or indirect), or for loss of revenue, loss of business, loss of profits or any consequential or indirect loss whatsoever as a result of your use and/or misuse of your redeemed Rewards.

16. You may have only one (1) Rewards account per Boost account that is personal to you. Your Boost Rewards are personal to you and they are not redeemable for cash (except for Boost credit where relevant) nor are they exchangeable for other Rewards under any circumstances. The Rewards cannot be sold (resold), exchanged or transferred for value under any circumstances, and they cannot be assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. Your Boost Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

17. The Rewards are subject to availability and may be changed by Boost at any time without notice. For clarity, Boost may at its sole and absolute discretion and without prior notice to you, reject your request to redeem Stars for any reason whatsoever, including without limitation, where:   

a. there are insufficient Stars to redeem for a particular Reward; or           
b. the Reward is no longer made available or out-of-stock by the third party merchant;           
c. the Stars you wish to use for redemption of Rewards have been issued to you in error or have expired; or           
d. Boost reasonably believes that that redemption transaction may be suspicious, illegal, involves any criminal activity or involves points that have been obtained through dishonest or fraudulent means or abusive behaviour.

18. Boost reserves the right to change, modify, discontinue or cancel the Boost Loyalty Programme or any part of the Boost Loyalty Programme, at any time and in its sole discretion, without notice to you. If the Loyalty Program is terminated, all unredeemed Stars will be forfeited without any obligation or liability, and no Rewards claims will be honoured thereafter.

19. The Stars conversion rate shall be at Boost’s discretion and the rate may increase or decrease as may be notified to you from time to time.

20. The Stars are for personal use only. The Stars have no cash or monetary value and are not redeemable for cash in any form and cannot be purchased, resold, exchanged or transferred, for value or otherwise, under any circumstances. The Stars shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

21. You may also choose to use your Stars to participate in the BoostUP Pick & Win in the App which enables you to win Reward(s) by exchanging your Stars into entry(ies). (“Entries”)

22. Stars used to exchange for the Entries shall not be refunded or exchanged in any kind. Stars which you have exchanged for Entries in the BoostUP Pick & Win in the App will not refunded to you if you do not win any of the Rewards that you pick.

23. Winners of the BoostUP Pick & Win shall be notified within the App and via email to your email address registered with Boost and the redemption for the Rewards shall only be disclosed within the App in the “My Rewards” tab.

24. If you fail to comply with any of these terms and conditions, we reserve the right to forfeit the Reward, or select another winner.

25. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of Boost or the third-party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.

26. You must use your e-vouchers redeemed during their applicable validity period failing which they will expire and be forfeited without further notice to you. You agree that you will have no claim whatsoever against Boost for any expired e-vouchers.

27. Your Stars balance and redemption entitlements will be reflected in the App and shall serve as a conclusive evidence of the same.

28. The benefits and privileges of each BoostUP Rank shall be as set out from time to time in the App.

29. You will automatically cease to be a member of the Boost Loyalty Programme when you deactivate your Boost account.

30. Upon your cessation to be a member of the Boost Loyalty Programme, all then outstanding Stars at such point of time shall be automatically cancelled and forfeited. Stars should be redeemed before ceasing membership as once cancelled and forfeited, Stars cannot be redeemed. No accumulation or carry over of Stars will be permitted even if you subsequently reinstate your membership.

31. Boost may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending your benefits and/ or privileges under the Boost Loyalty Programme, revoking any or all of the Stars in your Boost Loyalty Programme account, and/or revoking your membership in the Boost Loyalty Programme, in each case, with or without advance notice to you and without liability to Boost in the event of fraud or abuse or redemptions or if Boost determines that a you have abused any of the Boost Loyalty Programme benefits and/ or privileges, have failed to comply with any of these terms and conditions set out hereinabove, or have made any misrepresentation to Boost.

4) TERMS AND CONDITIONS FOR BOOST PARTNER WALLET

These terms for the Boost Partner Wallet complement and incorporate by reference the Boost Terms and Conditions. In the event of any conflict between the Boost Terms and Conditions and these Boost Partner Wallet terms, the Boost Partner Wallet terms shall take precedence. Boost reserves the right to vary, modify or amend the terms and conditions of Boost Partner Wallet at its sole discretion without prior notice to you.

1. By using the Boost Service, you will automatically be able to use the Boost Partner Wallet feature which will enable you to:

* discover partner wallets (“Partner Wallet”) provided by Boost’s participating partners (“Partners”) and receive/pay with partner wallets;           
* view all Partner Wallets and their details (e.g. wallet amount, date validity, participating outlets and terms and conditions relevant to the respective Partner Wallet); and           
* get Partner Wallet cashback which will be deposited in the relevant Partner Wallet.

2. You may receive Partner Wallet cashback:   

* instantly after making a purchase using Boost at the Partner. Cashback will be given via shake reward; or           
* by redeeming the Partner Wallet cashback with Boost Coins.

3. Partner Wallet cashback which you have accrued will be automatically added to your Partner Wallet. You may use the Partner Wallet cashback for any of your next transaction using Boost with the same Partner.

4. You may not transfer the Partner Wallet cashback to your main Boost wallet, perform P2P, cash out your Partner Wallet cashback to your bank account or exchange your Partner Wallet cashback for cash or Boost coins.

5. Partner Wallet cashbacks are subject to the expiry date as stipulated in the respective Partner Wallet. Any expired cashbacks shall not be refunded or exchanged for cash or Boost coins. The expiry date for the Partner Wallet credits will not be extended in the case of a refund.

6. In relation to campaigns, if your Partner Wallet cashback expires within a Partner Wallet’s campaign period before you utilize such cashback and/or you have received the maximum amount of cashback for the respective Partner Wallet campaign, you will not receive any additional cashback under such Partner Wallet campaign.

7. In the event of void or partial void transaction performed using Partner Wallet cashback, such Partner Wallet cashback shall be restored to the respective Partner Wallet from which the transaction was performed. However, you will not receive any cashback which you are entitled to under such voided or partially voided transaction.

8. If there are more than one (1) active Partner Wallets, the Partner Wallet with the cashback which is expiring first will be utilized.

9. Only one (1) Partner Wallet may be used to make payment in a single transaction.

5) TERMS AND CONDITIONS FOR BOOST SHAKE REWARDS

These terms for the Boost Shake Rewards complement and incorporate by reference the Boost Terms and Conditions. In the event of any conflict between the Boost Terms and Conditions and these Boost Shake Rewards terms, the Boost Terms and Conditions shall take precedence. Boost reserves the right to vary, modify or amend the terms and conditions of Boost Shake Rewards without prior notice to you.

Duration of Feature

This Boost Shake Rewards feature is made available from 22 August 2022 and shall continue to be available until otherwise notified by Boost. Any extension or discontinuation of this Boost Shake Rewards shall be at the sole discretion of Boost.

Eligibility           
This feature is made available to all Boost users.

To receive the Shake Rewards, you must spend a minimum amount of RM10 using Boost on any transaction except for the following:   

1. Peer-to-peer transfer;   
2. Boost wallet Cash In;   
3. Transactions on investment related products;   
4. Zakat payments; and   
5. PTPTN payments

Feature Mechanics           
1. You may earn vouchers or Partner Wallets from eligible partners (“Partners”) which are available on the Boost app by clicking on the Shake banner on the Boost app or physically shaking your mobile device when on the transaction success screen.

2. The purchase made from the Partners under this Feature are subject to the relevant terms and conditions of the respective Partners as displayed on their respective terms and conditions pages.

3. You will receive up to 3 attempts to redeem the Shake Rewards based on your transaction amount as follows:   

a. RM10.00 to RM19.99 – 1 Shake Reward redemption           
b. RM20.00 to RM29.99 – 2 Shake Reward redemptions           
c. RM30.00 and above – 3 Shake Reward redemptions

4. All redeemed Rewards are provided to you strictly on an “as is” basis, and without any warranty of any kind, including any implied warranty of merchantability, fitness for purpose, non-infringement or non-misappropriation of intellectual property rights of a third party, accuracy, content or results. Boost shall not be liable for any liability, loss, damages, cost and/or expenses (whether direct or indirect), or for loss of revenue, loss of business, loss of profits or any consequential or indirect loss whatsoever as a result of your use and/or misuse of your redeemed Rewards.

5. You will not be able to re-visit your Shake Rewards if you exit the journey. You will be required to complete a new transaction that meets the required minimum spend in order to be eligible to receive the Shake Rewards again.

6. The Shake Rewards are subject to availability and may be changed by Boost at any time without notice. For clarity, Boost may at its sole and absolute discretion and without prior notice to you, reject your request to redeem Shake Rewards for any reason whatsoever, including without limitation, where:   

a. There are insufficient amounts to redeem for a particular Reward;           
b. The Reward is no longer available or out-of-stock by the Partner;           
c. Boost reasonably believes that the transaction made by you may be suspicious, illegal, involves any criminal activity or involves points that have been obtained through dishonest or fraudulent means or abusive behaviour.

CashUp Terms and Conditions

PRIVACY POLICY

CashUp Personal Data Protection Policy

PARTNER STORES’ TERMS & CONDITIONS           
Few tips to ensure your cashbacks in CashUp is always tracked:   

* You must ensure that you open our partner website or app from the Boost App (Boost App -> Do More Page -> Online Shopping -> CashUp) to enable us to track cashbacks to be given to you for payment made at our partner website or app           
* For subsequent transactions, the same flow (opening of partner website or app) should be followed even if purchasing from the same store.           
* You’ve read and complied with all the partner stores’ Terms & Conditions.           
* Please make sure that you do not exit the app or multitask with your device during the ordering process.           
* Your payment for purchase must be made within the same session (open partner website or app from the Boost App and complete payment).           
* Please ensure you have enabled cookies on your device and use the same device throughout the process.           
* Adblockers will affect the cashback tracking, so if you have any Ad Block software enabled, please remember to disable it.           
* To track your cashback, tap on “View Earnings” in the CashUp page in the Boost App. Once you have made payment, your cashback amount will appear as a “Pending” after trackingof your purchase details is confirmed by the partner store           
* You will be able to transfer out the cashback amount into your Boost wallet once your cashback amount appears in the “Ready” section of “View Earnings” in the CashUp page.           
* The partner will only release your cashback earnings once the partner has validated the transaction and confirmed that cancellation and refund has not been done by the user within the cancellation or refund period, up to a maximum of 45days.           
* Once your cashback is in the ready status, you can transfer the cashback to you Boost Wallet by tapping on “Transfer All” in the CashUp page. The transfer will be instant and will be reflected in your Boost Wallet immediately.           
* The time taken for the steps for validation and confirmation of the cashback earned will vary merchant by merchant. Please refer to the T&C for each partner

WHERE CAN I FIND PARTNER STORES’ TERMS & CONDITIONS?           
Partner Stores’ Terms & Conditions can be found in the pop-up page before redirection to each partner store clicked through CashUp in the Boost App. You can read the details related to the cashback offer for each partner. (Attach image of CashUp page in Boost App)           
 

SHOULD THERE BE EXCHANGE OR CANCELLATION IN MY ORDERS, WILL I STILL EARN CASHBACKS IN MY CASHUP?           
CashUp cashbacks are only awarded once our partner merchants have validated the transaction and verified there have been no cancellation or refunds made for successful transactions. Any refund/cancellation will result in invalidation of your cashback earning in CashUp.           
 

WILL I GET CASHBACK FROM PAYMENT FROM OTHER PROVIDERS?           
Eligibility of CashUp cashback offers are subject to merchant or stores Terms and Conditions. We will not be able to guarantee cashbacks to be credited to your wallet from usage of such payments as it may not be administered by the merchant.

WHAT IS THE PERIOD BETWEEN ME TRANSACTING AND GETTING MY CASHBACK FROM CASHUP?           
Depending on the partner’s individual policies:           
Between 1 –3 days for validation of payment to be tracked -> Status Pending           
Typically 75 days while travel stores will take longer between 60 – 120 days for validation of merchant on releasing the cashback -> Status Ready

WHAT IF I FOLLOWED ALL THE STEPS LISTED BUT DON’T SEE MY CASHBACK EARNED AFTER A SUCCESSFUL TRANSACTION?           
The tracking of the opening of the partner website or app is on a best-case basis. Not to worry, if you have proof of payment from the partner, you can submit a request through our app or website, or you can send us an email atsupport@myboost.com.my for Boost to assist in validating the transaction with the partner and if everything is in order, you will see your cashback reflected as “Pending” under the “Current Earnings” tab in the CashUp page.

GENERAL TERMS OF USE

* Cashback is applicable on purchase value excluding tax, delivery fees, store credits, discounts, promo codes and gift cards.           
* Always re-click through CashUp for every new purchase.           
* Shop and complete your purchase payment within the same flow to ensure your cashback is tracked.           
* Applying coupon codes that are not directly by the Partner Store may not entitle you cashback on your purchase.           
* Do not click on any redirect links on the Partner Store which could result to invalid cashback,           
* Validation of cashback is solely at the discretion of the Partner Store.           
* Please check to update your Boost app to the latest version for the best online shopping experience in CashUp.