Terms and Conditions
The documents below describe the personal information we collect, what we do with it, how we use it, who we disclose it to, and certain information privacy rights you may have.
Updated as of January 24, 2024
By using our website; https://moby.my/ (“Website”) any of its subdomain, Application, any other platforms (collectively hereinafter referred to as “Platforms”) where Moby Money Sdn Bhd renders (“MOBY”), previously known as “MobyPay” and other products and services from time to time (collectively hereinafter referred to as (“Services”), you are bound by this Terms of Service which shall govern your use of, and access to our Services and Platforms.
Please read the Terms of Service carefully, to understand your obligations and other responsibilities imposed on you. The Terms of Service may be amended from time to time to cater to any changes or updates to our Platforms, Services, any requirements of the applicable laws and/or any changes in our policies which shall be applicable to you. We highly encourage you to refer to this Terms of Service every time you browse our Platforms or use our Services to ensure you are informed of the latest revisions.
Parties to this Terms of Service
This Terms of Service (“this Terms of Service”) is a contract between you (“you”, “your”, “Customer”) and MOBY MONEY SDN BHD with a company registration number (Company No. 201901032761 (1342091-H)) and its registered address at Unit 30-01, Level 30, Tower A, The Vertical Business Suite, Jalan Kerinchi, Bangsar South, 59200 Kuala Lumpur(“Moby Money”, “we”, “us”, “our”).
In this Terms of Service, Moby Money and the Customer may also be referred to herein as a “Party” and collectively as the “Parties”.
WHEREAS:-
You intend to utilise Moby Money’s Services and Platform;
This Terms of Service sets out the terms and conditions of use of Moby Money Platform and Services;
You should print a copy of this Terms of Service, Payment Schedule and our Privacy Policy for your records.
NOW IT IS HEREBY AGREED:-
DEFINITIONS
Terms defined elsewhere in this Terms of Service shall have the meanings respectively assigned to them and the followings shall have the meanings assigned to them hereunder namely:
Account
Account means an Account that is created on the Platform to uniquely identify you and to enable you to use the Services.
Affiliate or Affiliates
Affiliate or Affiliates are companies that are direct or indirect subsidiaries of Moby Money, or are otherwise related to MOBY or Moby Money through common ownership or control.
Application
Application means the ‘Moby’ mobile application available on Android and iOS, or any other application in which our Services can be integrated into.
Terms of Service
Terms of Service means this Terms of Service, Moby Money’s Privacy Policy, Payment Schedule, together with any policies and documents incorporated by reference and any amendments thereto.
Terms of Service
Terms of Service means this Terms of Service, Moby Money’s Privacy Policy, Payment Schedule, together with any policies and documents incorporated by reference and any amendments thereto.
Claims
Claims meansany and all suits, claims, demands, litigation and/or liability of any nature or kind, including but not limited to the costs, expenses, legal fees and liabilities of whatever nature (including those from third parties), including those under contract, in tort or otherwise at law.
Contractor
Contractor means anyone appointed by Moby Money to assist us in providing our Services to you or to carry out work on our behalf including but not limited to Information Technology service providers, payment gateway service providers, payment processors, analytics service providers, advertising and marketing agencies and other third parties Moby Money may engage with for the purposes rendering the Services to you.
Credit Checks
Credit Checks means the credit checks carried out by us on you which shall include but not limited to extracting credit reports from registered credit reporting agencies, review of past and current credit facilities, review of income, debts and any other required supporting document submitted to us, either by ourselves or through a third party.
Deferred Payment
Deferred Payment means the deferred payment of the Order Value which shall be made by you to Moby Money in accordance with MOBY’s Instalment Payment Plan and Payment Schedule.
Government Authority
Government Authority means the Government of Malaysia and any other government (including quasi government) ministry, agency, institution, local authority or department having jurisdiction over the Parties and/or the subject matter herein.
Information
Information means any confidential and/or personally identifiable information or other information related to an Account, Merchant or Customer, including but not limited to the following: name, identification number and documents, contact number, email address, date of birth, tax identification number, billing/shipping address, phone number and financial information.
Instalment Payment Plan
Instalment Payment Plan means interest free instalment payment plan extended to you by MOBY (based on the assessment of your profile as further described below) for your repayment of the Order Value which shall include but not limited to Pay Now (instant full payment of the Order Value at checkout), Pay in 2 (2 months’ instalment), Pay in 3 (3 months’ instalment), Pay in 6 (6 months’ instalment), 6 Plus or any longer termed instalment payment plan that may be offered by MOBY from time to time.
Intellectual Property Rights
Intellectual Property Rights means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Merchant
Merchant means E-Commerce merchants and/or offline retailers available on the Platform or through our partnering merchant acquirers or payment gateways and whose goods and/or services purchased by you via MOBY.
MOBY
MOBY is a conventional Buy Now Pay Later payment solution that makes upfront payment of the Order Value of the goods and/or services that you purchase using the Instalment Payment Plan offered by MOBY on your behalf, to the Merchants. The Order Value amount is then recovered from you through Deferred Payments.
Order
Order means (i) a request submitted by you to the Merchant vide MOBY to pay for goods and/or services offered by a Merchant; or (ii) refers goods and/or services purchased from Merchants itself (as applicable).
Order Value
Order Value means the purchase price and any other amount charged by Merchants in connection with the Order such as shipping fee or delivery fee that you are required to pay to the Merchant for the purchase of the goods and/or services, which shall first be paid by Moby Money to the Merchant on behalf of you.
Payment Method
Payment Method means any payment method accepted by Moby Money from time to time to pay for an Order which shall include but not limited to online banking, e-wallet, credit and debit card.
Payment Schedule
Payment Schedule means a list of Deferred Payment amount that Moby Money is entitled to receive from you in connection with a MOBY transaction, and the relevant due dates of each payment which shall be reflected in your Account.
Personal Data
Personal Data means data as defined in the PDPA
DESCRIPTION OF MOBY
By accepting the Terms of Service, Moby Money allows you to purchase goods and/or services offered by the Merchant that is priced above RM10.00 through MOBY. You hereby agree that MOBY is rendered to you on a factoring basis whereby Moby Money pays the Order Value upfront to the Merchant on your behalf and collects the same from you via Deferred Payments. For the avoidance of doubt, this Terms of Service and MOBY constitutes a factoring agreement and shall not constitute a lending or credit facility whereby Moby Money provides credit to you.
Subject to our verification of your identity, Credit Checks and any other assessments, you are granted access to MOBY and a suitable Instalment Payment Plan which allows you to place an Order with the Merchant to purchase goods and/or services. By placing an Order with a Merchant via MOBY and upon confirmation of the Merchant and/or approval from Moby Money, you hereby acknowledge and agree to provide unconditional and irrevocable consent that the Order Value is assigned to Moby Money and provide a direction to pay (or procure Moby Money’s Affiliate to pay the Order Value to the Merchant on your behalf vide MOBY.
Upon payment of the Order Value by Moby Money to the Merchant, you shall pay the Deferred Payment of the Order Value in accordance with the selected Instalment Payment Plan and Payment Schedule and any applicable taxes and duties thereof.
You hereby acknowledge that Moby Money shall not in any event have any form of control over, and shall not be responsible and liable for the goods and/or services purchased by you from the Merchant by using MOBY.
BINDING TERMS & CONDITIONS
At any time before you register yourself with Moby Money for the use of Services or to use the Platform, you are advised to read through this Terms of Service as well as Privacy Policy and any other policies found in our Platform or those that are communicated to you from time to time through the Platform or by any means stated herein. Privacy Policy and such other policies are incorporated by reference into this Terms of Service.
In this Terms of Service, Moby Money and the Customer may also be referred to herein as a “Party” and collectively as the “Parties”.
By clicking “I Accept” and/or by virtue of using the Platform, you confirm that you have read the terms and conditions of this Terms of Service and that you understand them and you agree to be bound by them. Your ongoing use of the Services shall constitute your acceptance of this Terms of Service without limitation and qualification.
If you do not wish to be bound by this Terms of Service (save for certain terms and conditions which are intended to survive the termination of this Terms of Service), you must discontinue all access to the Platform and/or terminate your Account created for your usage of the Services and you must not make any purchase from Moby Money’s authorised Merchants using MOBY. For the avoidance of doubt, discontinuation of your access to the Platform and/or termination of your Account shall not be deemed as waiver of your obligation to repay any outstanding amount owed under any Payment Schedule.
The Payment Schedule annexed herein shall constitute and be construed as an integral part of this Terms of Service to the same extent as if the same had been set forth verbatim herein.
You may be subjected to Merchant’s terms and conditions for the purchases of goods or services from the Merchant. By agreeing to use MOBY, you shall also abide such other terms and conditions. You hereby agree to protect and indemnify Moby Money, its employees, directors, sponsors, agents, shareholders and representatives from and against, any and all Claims have suffered or incurred arising out of or resulting from your breach of this Terms of Service and/or any Merchant’s terms and conditions.
MOBY INSTALMENT PAYMENT PLAN & PAYMENT SCHEDULE
MOBY’s Instalment Payment Plan allows you to pay the Order Value via Deferred Payments according to the Payment Schedule.
Scenario 1:
Example of the Pay in 2 Instalment Payment Plan:
Customer A is given a spending limit of RM 300.
Customer A wishes to purchase a baby food processor worth RM 200 using MOBY ’s Pay in 2 Instalment Payment Plan on the 23.03.2023.
This is the Payment Schedule:
Total order: RM 1,800 – Instalment Payment Plan: Pay In 3
Deferred Payment Due Date
23.03.2023
23.04.2023
23.05.2023
Instalment No
1st
2nd
3rd
Instalment Amount
RM800
RM500
RM500
Status
Paid (paid at checkout point)
Scheduled
Scheduled
Explanation
1st Instalment Payment:
At the checkout point, Customer B will have to pay RM 800:
Advance amount: RM1,800 – RM 1,500: RM300 +
1st Instalment Amount: (RM1,500 ÷ 3): RM 500
Total Amount at checkout: RM 300 + RM500 = RM 800
2nd & 3rd Instalment:
RM1,500 ÷ 3 = RM 500 respectively
Available spending limit after the purchase shall be: RM 500
PROCESSING FEE
You may incur a fixed processing fee if you choose certain Instalment Payment Plan due to operational costs incurred by us for rendering MOBY and the Instalment Payment Plan to you.
Such fixed processing fee will be clearly communicated to you upfront (via email, pop up notification on the Website or Application) before you proceed to choose to pay for any Order using such Instalment Payment Plan.
By agreeing to pay using the Instalment Payment Plan, you hereby accept and agree that you have read, understood and accepted any Processing Fee that was communicated to you before you proceed to pay for your Order using the Instalment Payment Plan.
*You will incur a fixed Processing Fee between 2% – 3% if you choose Moby’s 6 Plus Instalment Payment Plan*
ACCOUNT
You are requested to register your Account with Moby Money in any of the following manner:
By visiting and following the process as set forth in Moby Money’s Platforms; or
You may be automatically directed to the registration page upon typing ‘MOBY’; or
When you place your first Order with any of the Merchants
You shall not misrepresent your identity or create an Account on behalf of someone else. Once your Account has been created, you will be prompted to choose and to enter a secure password. You are strictly not allowed to share your password or your Account with another person, entity or third party. You may subsequently access your Account, by using your secure password, through the said Platforms.
You shall be responsible for maintaining the security of your Account details. Moby Money shall not be liable or responsible for any unauthorised access and/or use of your Account unless Moby Money has failed to take reasonable steps to prevent such unauthorised access and/or use, or such unauthorised access and/or use arises as a direct result of any negligence, fraud or wilful default on the part of MobyMoney.
You shall contact Moby Money as soon as you notice any unauthorised access and/or use of your Account. Moby Money shall not seek to recover any repayments from you should Moby Money consider that there has been an unauthorised access and/or use of your Account.
Notwithstanding the abovesaid, you shall be deemed responsible and held accountable in the event that you:
Have used your Account in a manner that Moby Money at its sole discretion deems to be suspicious or fraudulent (including where you have knowingly allowed a third party to use your Account fraudulently);
Have been grossly negligent and/or reckless, thereby enabling a third party to access and to use your Account;
Have allowed, whether knowingly or negligently, a third party to use your Account, including where a third party has been allowed to access a mobile phone or other device(s) in which your Account has been registered.
By holding an Account with Moby Money, you hereby agree that you shall:
Not provide Moby Money with any information that is false, inaccurate and/or misleading;
Ensure that any personal information about you, including your contact details, is true, current and complete. In the event of any change of information, you shall update such information through your Account Website or by writing to pdpa@mobypay.my ;
Not use your Account or MOBY for any unlawful, illegal, fraudulent or improper activity;
Grant full cooperation to Moby Money to investigate any suspected unlawful, illegal, fraudulent or improper activity on your Account;
Not permit others to use your Account, or to have or use your Account password details;
Not use any form of technology, including but not limited to any form of device, software or hardware to damage, intercept and/or interfere with MOBY; and
Not open and/or use more than one Accoun
ELIGIBILITY / ASSESSMENT / CHECKS
As a condition to creating an Account, using the Platform, Services and participating in any promotions and campaigns organised by Moby Money from time to time, you hereby shall all times meet the following criteria:
You are 18 years and above, a Malaysian citizen with a valid local and/or residential mailing address and capable of entering into a legally binding contract before you are eligible to register and apply for MOBY.
You have valid and verifiable email address and a Malaysian telephone number, in which you can be contacted and/or reached as well as a valid mailing address.
Have a valid physical Malaysian billing and delivery address;
provide identification document and supporting documents for the purposes of identity verification and Credit Checks respectively;
own an authorised debit or credit holder or possess any other payment method that may be accepted by Moby Money.
Moby Money reserves its right to suspend or terminate your Account and/or provision of the Services to you in the event you do not meet the eligibility criteria set out above.
B. How and when do we collect your personal data?
We may collect your Personal Data in the process of providing our Services or in the course of our transaction or engagement with you.
Here is how and when we collect your Personal Data:
Your use of our Platforms i.e when you browse through the Website and Apps and when you accept the Cookies on your device.
(Cookies is an element of data that a website can send to your browser, which may then store it on your device. We use cookies in some of our pages to store your preferences and record session information. You can adjust settings on your browser so that you will be notified when you receive a cookie. Please refer to your browser documentation to check if cookies have been enabled on your computer or to request not to receive cookies.)
Your interaction with us on Social Media such as Facebook, LinkedIn, Instagram, Twitter etc by liking, commenting and sharing our posts and messaging us through the available direct messaging feature.
Your direct engagement with us i.e when you engage with our customer support team or our official representatives via live chats, telephone calls, emails, face-to-face meetings or during events and roadshows. Filling out questionnaire and surveys, participation in our promotions or public campaigns shall also be deemed as direct engagement.
From publicly available sites or directories
From official sources in the financial service industry, for example any bureaus or agencies under Bank Negara Malaysia, Securities Commission or other regulatory authorities, the Association of Islamic Banks Malaysia
From third party affiliates i.e when you use our Services via services provided by our affiliate online merchants, partnering businesses, financial institutions, third party service credit providers for example private employment debt collection agencies or via their respective platforms.
From registered Credit Reporting Agencies or entities providing credit background verification services i.e when we perform credit risk assessment on you to determine the eligibility for our Services.
Your voluntary submission of your Personal Data for any reason.
Section II: Know your rights
A. Consent and Provision of Consent
You are deemed to have consented the processing, collection, usage, disclosure, transfer of your data, and retention of your Personal Data for the Purposes mentioned above to the extent permitted under Applicable Data Protection Laws when:
You use our Platforms and Services.
You use platforms operated by our affiliate online merchants and partnering business to engage or find out about our products and Services.
You directly provide your Personal Data.
We may also collect your Personal Data in circumstances where such collection does not require consent under Applicable Data Protection Laws.
When you provide your personal data to Moby Money you consent to its use for the Purpose. Before submitting personal data of other persons, you undertake and will ensure that they have authorized the disclosure of their Personal Data and consent to the terms and conditions of this Privacy Statement.
We understand that Sensitive Information is highly confidential and therefore we will only use your Sensitive Information to provide the service(s) you signed up for. If we collects, uses, maintains or discloses your sensitive personal data, we will ask for your express consent.
Withdrawal of Consent
Your consent to the of your Personal Data shall be valid until such time you withdraw your consent or request to stop any of our new promotional products sent to you in writing.
If you do not consent to us collecting, disclosing, using or processing your Personal Data for the Purposes mentioned above, you may choose to withdraw your consent by submitting a written request to our Data Protection Officer at pdpa@mobypay.my
You may be specific about the extent of your consent withdrawal i.e you may prohibit the use or disclosure of certain class of Personal Data. Subsequent to the withdrawal, we will no longer collect, disclose, use or process your Personal Data except to the extent we retain your Personal Data for compliance, regulatory or other legal purposes.
Though we respect your decision to withdraw your consent, we wish to remind you that we may not be able to continue to provide you with some or all of our products or Services and keep you updated about our future, new and/or enhanced services and products.
B. How Can I Access or Correct My Personal Data
If you wish to have access to the Personal Data that we have processed or if you wish to correct the Personal Data which you believe to be inaccurate, incomplete, misleading or not up-to-date, you or the relevant person who is authorised to make the data access request or data correction request on your behalf (“Requestor”) may request to obtain the copy of the Personal Data and also to correct your Personal Data.
You may forward your written request of access or correction to by to our Data Protection Officer at pdpa@mobypay.my . We will endeavor to provide the access and correction requests within 21 days from date of receipt of requests. We may require further information Identity Information to verify your identity or the Requestor’s identity and to validate the authenticity of the request. If we are unable to comply with your requests for reasons exempted under the Applicable Laws, we will generally inform you of such reasons.
Please note that depending on the information requested and where permitted by law, a nominal administrative fee may be charged.
C. How Long May We Retain Your Personal Data?
We will not retain your personal data longer than necessary for the fulfilment of the Purpose. However, relevant personal data may be retained subject to the conditions below:
As and when required under Applicable Laws.
Where legal actions have arisen and there are ongoing legal proceeding.
If we disclose any of your personal data to our authorised agents or service providers, we will require them to appropriately safeguard the personal data provided to them.
We shall take all reasonable steps to ensure that all Personal Data is destroyed or permanently deleted when no longer required for the Purpose. We may continue retaining the Personal Data even you stop using the Platforms or our Services, or if you have terminated your account as long as it is permitted by Applicable Laws.
D. Notification of Changes
Please note that this Privacy Policy may be amended from time to time in accordance to Applicable Laws and such variations may be applicable to you. The latest version of this Privacy Policy will be made available for your reading in our Platforms. Please visit the ‘Privacy Policy’ section our respective Platforms from time to time for updates on the Privacy Policy.
E. Contact
You may submit your written queries, requests or complaints in relation to our handling of your Personal Data or our Privacy Policy to:
Data Protection Officer pdpa@mobypay.my
Suite 6.02, Penthouse, Wisma Academy, No 4A, Jalan 19/1, 46300, Petaling Jaya, Selangor, Malaysia
