Terms & Conditions

     
    The following describes the terms and conditions on which the i-3s Program offers you access to our services (“Terms and Conditions”)

    1. Incorporation of Policies into Terms and Conditions
    The following policies are deemed to be incorporated into these Terms and Conditions by reference and provide additional terms and conditions related to specific i-3s services we offer.

    Each of these policies and these Terms and Conditions may be changed from time to time and are effective immediately after we post the changes on our services. In addition, when using particular services, you agree that you are subject to any policies or rules, which are posted in conjunction with those services. All such posted policies or rules are hereby incorporated by reference into these Terms and Conditions.

    2. Acceptance of Terms and Conditions

    These Terms and Conditions set out the entire agreement between you and Emerging Enterprise Sdn Bhd (“EE”) and applies to your use of the i-3s Card, i-3s iPhone and Android application (“i-3s”) and www.i-3s.com website (which together shall be referred to as the “Site”).

    Please note that by using the Site, you are deemed to have read and signified your agreement to be bound by these Terms and Conditions, as may be updated and varied from time to time at our sole discretion.

    In addition, when you use any services on our Site, current or future, you will also be subject to such further terms and conditions, policies and guidelines applicable to that specific service. All such further terms and conditions, policies and guidelines, will be deemed to be incorporated in these Terms and Conditions.

    If you do not agree to be bound by the terms and conditions of these Terms and Conditions, please do not use or access our Site. You must read, agree with, and accept all of the terms and conditions contained in these Terms and Conditions and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of the i-3s Program.

    For additional information about the Site and how it works, please consult EE.

    We may amend these Terms and Conditions at any time by posting the amended terms on our Site.

    In these Terms and Conditions, you or your means any person or entity using the Site (hereinafter referred to as “Users”). Unless otherwise stated, we or our will refer collectively to EE and/or its affiliates. Unless otherwise specified, all references to a bank in these Terms and Conditions includes any bank providing internet banking services in conjunction with i-3s Program.

    3. Eligibility

    To use the Site you must register for an account with i-3s Program. Our Site is only available to individuals or businesses that can form legally-binding contracts under applicable law. Without limiting the foregoing, our Site is not available to individuals under the age of 15, with the consent of the parents or guardians who registered with i-3s program. Our Site is not available to persons who are suspended from our Site, or to persons who we, at our sole discretion, view as presenting an unacceptable level of risk to our Site.

    4. The Legal Relationship between You and EE

    4.1 EE provides online and mobile applications via i-3s Program for the promotion of an Automated Student Attendance system, a Cashless zone in selected schools, and a Portal as a platform for educators, parents, alumni and the local community to converge (herein referred to as “the i-3s Program”). Users may use the Site to manage their e-Wallet including top-ups and transfers to their child’s/children’s School ID / Cashless smart card. We have no control over what the children purchase at the canteens, bookshops, and the co-operative stores in the i-3s participating schools.

    4.2 You acknowledge that EE is not a bank and the Site is an Automated Student Attendance system, a Cashless zone in selected schools, and a Portal and not a banking service or credit facility service.

    5. Maintenance and Use of Your Account

    5.1 All Users shall be required to register and create an account in order to use the Site (“User Account”). A User shall provide all such information including but not limited to full name as per its identification card or passport, identification card no or passport no, phone no, email address, and EE reserves the right to request for information at any time including after the initial creation of a User Account. Users shall ensure that all the information provided is accurate and complete.

    5.2 Setting daily a child’s daily spending limits. You may set a limit to each child’s spending a day through the mobile app / website.

    5.3 Reset of Email ID

    • Update your own email address via Mobile Apps
      1. Click on Settings.
      2. Select Edit Profile.
      3. In the “Email” field, enter your new email address.
      4. Click Save to confirm and apply your change.
    • Update the email address for another User via website (Admins only)
      1. Under “Registration” tab, select Parents/Teacher/Staff/Merchant.
      2. Find a User record to update, then click Edit.
      3. In the “Email” field, enter a new email address.
      4. Click Save.

    5.4 Loyalty points for a child

    EE offers a percentage of users monthly transactions in a form of cashback into their i-3s account. We reserve the right to change the percentage of cashback without due notice.

    5.5 Purchases by Users/ children

    EE accepts no responsibility for the quality, safety, legality or any other aspect of any goods or services purchased by User / their children.

    6. Your Account Password and Security

    You are solely responsible for maintaining the confidentiality of your login name, account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You should take all necessary steps to ensure that:

    • You exit from your account at the end of each session;
    • Your password is kept confidential and secure and inform us immediately if you have any reason to believe that your password has become known to others; and
    • If the password is being used, or is likely to be used in an unauthorised manner by others. EE reserves the right to refuse instructions and terminate accounts, at its own discretion.

    7. Accuracy of registration data

    Please ensure that the details you provide upon registration and opening of your account are accurate and complete. Please inform EE immediately of any changes or alterations required to the information that you had provided during registration. You can access and update much of the information you had provided to EE.

    8. Privacy Policy

    The www.i-3s.com.my website along with the i-3s iPhone and Android application (“i-3s”) (collectively referred to as the “Site”) is managed by its legal owner and operator Emerging Enterprise Sdn Bhd (hereinafter referred to as “EE”), which provides online and mobile applications for the promotion of participating Merchant (hereinafter referred to as “Merchants”) loyalty and reward programmes and for the distribution and sale of the Merchant’s products and services, mobile value cards, vouchers and coupons via digital and mobile marketing platforms. User may use the Site to manage their credits in their I-3s e-wallet (including purchase and top up), their loyalty programmes with Merchants or to purchase value cards which are redeemable for goods and services offered and sold by Merchants.

    Any use of the Site shall be governed by the terms of the Site’s terms and conditions of use at www.i-3s.com.my/terms-condition (the “Agreement”) and this privacy policy. All terms used in this Privacy Policy shall, unless otherwise specified, bear the meanings defined in the Agreement.

    • EE appreciates that the User may be concerned about how information about the User is used and shared. This notice describes our privacy policy (“Privacy Policy”).
    • By visiting the Site, the User is deemed to have read, consented to and accepted the practices described in this Privacy Policy.
    • Types of Personal Information:The information we learn from the User helps us to personalise and continually improve the services and products made available to the User at i-3s. The types of information we require and gather are:-
      1. Information from the User:We receive and store any and all information the User enter on the Site or provide us in any other manner. The User provides most of such information upon registration with us and when the User searches, buys, bids, posts, participates in a contest or questionnaire, or communicates with customer service. We may also ask the User for personal information at other times. Examples of the types of personally identifiable information we collect range from the User’s email address to your name, address, gender, date of birth, mobile phone or credit card information. We use the information that the User has provided for such purposes as responding to the User’s requests, customizing future shopping for the User and communicating with the User.
      2. Cookies and automatic information:We may receive and store certain types of information whenever the User interacts with us. For example, like many other websites, we may use “cookies” and we obtain certain types of information when the User’s web browser accesses i-3s. Cookies are alphanumeric identifiers that are transferred to the User computer’s hard drive through the User’s web browser to enable the senders’ systems to recognize the User’s browser and to provide specific personalised features.
      3. Other sources:We may receive information about the User from other sources and add it to our account information.
    • Security on information:
      1. We protect the security of the User’s information during transmission by using a high level of encryption technique.
      2. When using i-3s, it is also very important for the User to protect against unauthorised access to the User’s password and to the User’s computer and/or mobile device. Be sure to sign off when finished using a shared computer and/or mobile device.
    • How i-3s may use and/or share the information it receives:
      i-3s may use the information shared by User to enforce any Terms and Conditions in relation to the Site and to provide you with the services or products requested by you and to perform other activities related to such services and products, including billing and collection.EE may share User’s information only as described below and with related companies of EE that either are subject to this Privacy Policy or follow similar practices as those described in this Privacy Policy.

      1. Agents:We employ other companies and individuals to perform services for us. Examples include sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
      2. Affiliated businesses we do not control:We work closely with our affiliated businesses. In some cases, these businesses may operate or be invited to operate stores at i-3s or sell offerings to the User at i-3s. In other cases, we may operate stores, provide services, or sell product lines jointly with these businesses. We may share User information related to those transactions with these third parties.
      3. Special offers:Sometimes we may send offers to selected groups of i-3s’s User on behalf of other businesses. You may inform us at any time not to share your personal information with such third-party providers by contacting us at support@emerging.com.my.
      4. Transfer of business:As we continue to develop our business, we might sell our business or sell or buy subsidiaries or business units. In such transactions, customer information may be one of the transferred business assets.
      5. Protection and enforcement:We release information relating an account and other personal information when we believe such release is appropriate to comply with the existing laws; enforce or apply the Terms and Conditions and other agreements; or protect the rights, property, or security of EE, its affiliates, officers or employees, the merchants, User and others. This includes exchanging information with other companies and organizations for fraud-protection and credit risk reduction.
      6. With the User consent:In all other instances where the User has elected to share the information.
    • Conditions of Use, Notices, and Revisions:

      1. If the User chooses to visit i-3s, the User’s visit and any dispute over privacy is subject to this Privacy Policy and the Terms and Conditions, this Agreement including limitations on liability, arbitration of disputes, and application of the laws of Malaysia. If the User has any concern about privacy at i-3s, please contact us at support@emerging.com.my and we will use our best endeavor to resolve it.
      2.  Our business being based on technology may change on a regular basis and therefore our Privacy Policy and the Terms and Conditions may also need to be updated regularly. Unless stated otherwise, our current Privacy Policy applies to all information that we have about the User and the User’s account.

    9. Access to the Site

    9.1 Whilst we endeavor to make the Site available at all times, certain technical maintenance and upgrades of the Site will be required from time to time. The User acknowledge due to such maintenance, upgrades or for reasons beyond our control, the Site may be unavailable or delayed. We make no warranty, express or implied concerning Site including, but not limited to, the content on our Site, mobile app or services available through the Site. In particular, the content and our Site do not constitute any form of advice, recommendation, representation, endorsement or arrangement by us and is not intended to be relied upon by Users in making (or refraining from making) any specific purchase or other decisions. Users should conduct their own due diligence before making any such decisions.

    9.2 We expressly disclaim all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability, in relation to the Site including, but not limited to, the content on the Site, software or products or services made available through the Site. We do not guarantee the accuracy, content, or timeliness of the Site or that they or related systems are compliant or free from viruses or other contaminating or destructive properties.

    9.3 EE shall make all reasonable efforts to ensure that transactions are processed in a timely manner, but we make no representations or warranties in respect of the time needed to complete processing due to the fact that our Site is largely dependent upon factors which are or may be outside our control such as delays in the banking system, as well as the Internet services and so forth.

    9.4 To the fullest extent permitted under applicable law, in no event will we, our affiliates, employees, officers or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, data or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site or any purchase made by you whether or not as a direct or indirect consequence of your use of the Site, even if we have been advised of the possibility that such damages may arise.

    10. License for Site access

    EE grants you a limited license to access and make personal use of this Site. This restricted license does not include:

    • re-sale or commercial use of this Site or its contents, including any collection and use of any product listings, descriptions, or prices or any derivative use of this Site or its contents;
    • downloading or copying of account information for the benefit of another website;
    • use of data mining, robots, or similar data gathering and extraction tools;
    • reproduction, duplication, copying, selling, reselling, visiting, or otherwise exploitation for any commercial purpose, of this website or any portion of this Site;
    • downloading (other than page caching) or modifying of the Site, or any portion of it, for any reason whatsoever;
    • use of i-3s or its affiliates names, trademarks, logos or any proprietary information, in any manner. Breach of any of these provisions and unauthorised use of the website automatically terminates the consent or license granted by

    11. Your Condut

    EE does not allow its Site to be used for illegal activities. EE has the right to take preventative or corrective actions to protect itself and its users.

    You must not use the Site or your account in any way that causes, or is likely to cause, the Site, the accounts or access to it to be interrupted, damaged or impaired in any way and you are required to use the Site lawfully and in compliance with the legal requirements.

    You are required to understand and acknowledge that all information, data, text, software, music, sound, images, photographs, graphics, video, messages or other materials (content), whether publicly posted or privately transmitted via the Site, are the sole responsibility of the person from whom such content originates. You are required to understand and acknowledge that by using the Site, you may be exposed to Site contents that may be offensive, indecent or objectionable. Under no circumstances EE shall be liable in any way for any content, including, any exposure to offensive, indecent or objectionable content, any errors or omissions in any contents, or for any loss or damage of any kind of information as a result of such use of any contents posted, emailed or otherwise transmitted via the Site by its Users. By registering an account with i-3s, you hereby consent EE to use any images or data provided the schools and/or Ministry Of Education for the purpose of i-3s.

    You are prohibited from using the Site in respect of the following:

    • For fraudulent purposes, or with an intention to commit criminal offence or other unlawful, indecent or immoral activity;
    • To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or use it to breach copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or use it in an objectionable manner or likely to cause or stir racial or religious disharmony; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam,
    • To cause annoyance, inconvenience or needless anxiety or be a nuisance.
    • To programme, send, use or reuse any data that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;
    • Do anything that creates liability for us or cause EE to lose (in whole or in part) the services of our ISPs or other suppliers. If you use, or attempt to use, the Site for purposes other than as an Automated Student Attendance system, a Cashless zone in selected schools and managing your eWallet account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Site, your account will be automatically terminated and you will be liable to claim of damages and/or may be penalised for, including criminal prosecution where applicable.

    12. Reviews, comments, communications and other content

    Users of this Site may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is legal and not obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, and does not consist of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. We reserve the right (but do not assume the obligation) to remove or edit any content.

    You shall represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to EE:

    • that the content and material is accurate;
    • that the use of the content and material you supply does not breach any applicable EE policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).

    By submitting any communication, content or material to any chat or forum services, if any, or to EE for posting as a book review, you automatically warrant that you or the owner of such communication, content or material has expressly granted EE the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the said communication content or material in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such communication content or material. You also permit any other user to access, store, or reproduce such communication, content or material for that Users personal use. Subject to this grant, the owner of such communication, content or material placed on EE sites and services retains any and all rights, which may exist.

    Some parts of the Site may contain advertising or other material submitted to EE by third parties. Advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. EE WILL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION OR INACCURACY IN ADVERTISING MATERIAL. EE does not intend for links or advertising material to be referrals or endorsements of the linked entities and the links are provided for convenience.

    13. Indemnity

    You agree to indemnify and hold EE, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including all legal fees (on a solicitor client basis), made by any third party due to or arising out of content you submit, post to, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of the Terms and Conditions, your violation of any rights of any other person, or your breach of any applicable law.

    14. Links and External Websites

    The Site may provide, or third parties may provide, links to internet banking sites, other sites or resources. You acknowledge and agree that EE has no control over such sites and resources, and that EE is therefore not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Site shall not be responsible or liable in any way for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

    15. Copyrights, Trade Mark and other Intellectual Property Rights

    You acknowledge that all original content on this site such as text, graphics, logos, images, audio and video clips and software is protected by copyright, trade mark or other intellectual property right which is owned by EE or its affiliates. In addition, the compilation (meaning the collection, selection, co-ordination and arrangement) and the enhancement or any content on EE sites and services is also protected by copyright or other intellectual property right owned by EE or its content suppliers.

    All trademarks appearing on this web site are the property of EE or the respective owners. All rights are reserved.

    We undertake to defend you or, at its option, settle any claim or action brought against you alleging that the possession or use of the mobile application (or any part thereof) in accordance with these Terms and Conditions infringes the intellectual property rights of a third party. You agree that, if you become aware of any such third party claim, you shall as soon as practicable notify us of the claim, specifying the nature of the claim in reasonable detail; and not make any admission of liability, agreement or compromise in relation to the claim without our prior written consent. You further acknowledge that this constitutes your exclusive remedy and our only liability in respect of such claims.

    For the avoidance of doubt, we shall not defend or settle any such third party claim where the claim in question is attributable to your possession, use, development, modification or maintenance of the mobile application (or any part thereof) other than in accordance with these Terms and Conditions, use of the mobile application in combination with any hardware or software if the infringement would have been avoided by not using of that software or hardware.

    16. Disclaimer Of Warranties And Representations

    This site is provided by Emerging Enterprise on an as is and as available basis. Emerging Enterprise makes no representations or warranties of any kind, express or implied, as to the operation of this site and its payment system. To the full extent permissible by applicable laws, EE disclaims all warranties, express or implied, including, but not limited to:

    1. Implied warranties of merchantability and fitness for a particular purpose and non-infringement;
    2. Warranty that the contents of the website are free from infection of viruses or anything else, which has contaminating or destructive properties;
    3. Warranty that the Site or the services will meet your requirements or that the access to the websites or the services will be uninterrupted, timely, secure, or error-free;
    4. That the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your expectations, and that any errors in the software will be corrected.

    Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for and damage to your computer system or loss of data that results from the download of any such material.

    No advice or information, whether oral or written, obtained by you EE or through or from the Site shall create any warranty (save for any fraudulent misrepresentation by EE) as to the operation of this Site or the information, content, materials, or products included on this Site.

    17. Limitation of liability

    EE shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, revenue, opportunity, business, goodwill, use, data or other intangible losses (even if EE has been advised or was aware of the possibility of such dames), resulting from:

    • The use or the inability to use the Site or services via the Site;
    • Statements or conduct of any third party on the Services;
    • Unauthorized access to or alteration of your transmissions or data;
    • The cost remedying or procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site or services offered via the Site; or
    • Any other matter relating to the Site or the goods, services and information may available via the Site.

    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the terms and conditions must be filed within one (1) Year from the date such claim or cause of action arose or be forever barred.

    EE does not limit in any way its liability by law for death or personal injury arising from negligence or breach of duty.

    18. Remedies and EE’s Right of collection

    Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronic, immediately warn our community of your actions,

    19. Legal Disputes

    If a dispute arises between you and EE, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and EE agree that any controversy or claim at law or equity that arises out of these Terms and Conditions or Site (Claims) shall be resolved by mediation by a mediator mutually agreed upon in writing by you and EE, and failing resolution by mediation, by litigation. Before resorting to either of these alternatives, EE strongly encourages users to first contact EE directly to seek a resolution.

    20. Electronic communications

    When you visit EE/www.i-3s.com.my or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    21. Alteration of or Amendments to the Conditions and Severability

    We reserve the right to make changes to our Site, policies, and these Terms and Conditions at any time. You will be subject to the policies and Terms and Conditions in force at the time that you participate in the i-3s Program, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).

    If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable.

    In the event that a new version of i-3s Program services is available on Apple Store and/or Play Store, User’s continued participation in the Program shall be deemed acceptance of this Terms and Conditions.

    22. Events beyond our reasonable control

    Emerging Enterprise, its affiliates, officers, employees and service providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of any content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

    23. Waiver

    If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

    24. Governing law and jurisdiction

    These conditions are governed by and construed in accordance with the laws of Malaysia. You agree, as we do, to submit to the exclusive jurisdiction of the Malaysian courts.

    As to the e-wallet services and cashless card terms and conditions, please refer to Appendix A of this Terms and Conditions.

    APPENDIX A

    The following describes the terms and conditions on which KiplePay Sdn Bhd (“Kiple) offers its e-wallet services and cashless card (“Terms and Conditions”).

    1. Incorporation of Policies into Terms and Conditions 

    The following policies are deemed to be incorporated into these Terms and Conditions by reference and provide additional terms and conditions related to specific e-wallet services (“e-Wallet”) and the cashless card (“Card”) we offer.

    The e-Wallet and Card are collectively referred to as “Services”.

    Each of these policies and these Terms and Conditions may be changed from time to time and are effective immediately after we post the changes on our Site (as defined hereinafter). In addition, when using our Services, you agree that you are subjected to any policies or rules which are posted in conjunction with our Services. All such posted policies or rules are hereby incorporated by reference into these Terms and Conditions.

    2. Acceptance of Terms and Conditions

    These Terms and Conditions set out the entire agreement between you and Kiple and applies to your use of the Services.

    Please note that by using the Services, you are deemed to have read and signified your agreement to be bound by these Terms and Conditions, as may be updated and varied from time to time at our sole discretion.

    In addition, when you use our Services, current or future, you will also be subjected to such further terms and conditions, policies and guidelines applicable to that specific service. All such further terms and conditions, policies and guidelines, will be deemed to be incorporated in these Terms and Conditions.

    If you do not agree to be bound by the terms and conditions of this Terms and Conditions, please do not use or access our Services.

    You must read, agree with, and accept all of the terms and conditions contained in these Terms and Conditions and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use our Services.

    For additional information about the Services and how it works, please consult Kiple.

    We may amend these Terms and Conditions at any time by posting the amended terms on our Site.

    For avoidance of doubt, Site shall mean

    • The website http://www.i-3s.com.my; and
    • the i-3S Mobile Application (“i-3S App”).

    In this Terms and Conditions, you or your means any person or entity using the Services including but not limited to parents, students and/or staffs of the participating schools (hereinafter referred to as “Users”). Unless otherwise stated, we or our will refer collectively to Kiple and/or its affiliates.

    3. The Legal Relationship between You and Kiple

    Kiple is a service provider for the integrated student attendance and payment system (“i-3S System”). Kiple acts as a facilitator to help you transfer funds into an e-wallet and/or make payments to third parties via the usage of the e-Wallet and/or Card in the selected public schools in Malaysia (“Participating School”).

    Part 1

    e-Wallet Terms and Conditions

    Kiple shall be providing two types of e-Wallet which are Primary e-Wallet and Subsidiary e-Wallet.

    For avoidance of doubt,

    • Primary e-Wallet shall mean the e-Wallet that is created by the parents and/or staffs upon registration of an account in the i-3S system.
    • Subsidiary e-Wallet shall mean the e-Wallet that is attached to the cashless card (“Card”) that is issued to the students and/or staffs (“Cardholder”) and to be used in the Participating School. Each Card is linked to the i-3S App that is used by parents and/or staffs accordingly in the Participating School.

    Primary e-Wallet and Subsidiary e-Wallet shall collectively be referred to as “e-Wallet”.

    Kiple will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy/insolvency or for any other purpose. You acknowledge that Kiple is not a bank and the Services is an e-wallet payment and cashless card services and not a banking service or credit facility service.

    You agree that you will not receive interest or other earnings on the funds that Kiple handles as your stakeholder.

    A) Top Up Of the Primary e-Wallet account

    You may top-up the Primary e-Wallet through your account with any bank offering its internet banking services to Kiple. You may top up your Primary e-Wallet with any amount up to a maximum amount as specified in the i-3S App, which is at your sole discretion. Users may opt to top up their Primary e-Wallet from their bank account via the participating banks, debit card and/or credit card and such top up amount shall be available in their Primary e-Wallet instantaneous. Top up is also available via CIMB bank automated teller machine (“ATM”) and cash deposit machine (“CDM”) and it shall take one (1) Business Day for processing.

    Users shall be charged a transaction fee as specified in the i-3S App for each top-up transaction made in the Primary e-Wallet. In relation to the Subsidiary e-Wallet, Users may top up the account by transferring money from the Primary e-Wallet. The transfer mechanism is further explained under Item B below.

    For avoidance of doubt “Business Day” means a day (excluding Saturday, Sunday and public holidays) on which commercial banks are open for business in Wilayah Persekutuan, Kuala Lumpur and Selangor Darul Ehsan.

    B) Payments and/or Transfers from your e-Wallet

    You may make any number of payments for any amounts through your e-Wallet, up to the amount of funds you have in your e-Wallet.

    Parents and/or staffs may make any number of transfers for any amounts through your Primary e-Wallet, up to the amount of funds you have in your Primary e-wallet to the Subsidiary e-Wallet. There is no transaction fee chargeable for the transfer of money from Primary e-Wallet to Subsidiary e-Wallet.

    C) e-Wallet Account Closing

    Subsidiary e-Wallet Closing

    You can close your Subsidiary e-Wallet at any time by returning the Card to Kiple through the school administration. Kiple is unable to close the Subsidiary e-Wallet if you fail to return the Card to Kiple. In the event that the Card is lost and/or unable to be returned, a sum of Ringgit Malaysia Ten and Sixty Cent (RM10.60) shall be chargeable and the same shall be deducted from the Subsidiary e-Wallet. There is no transaction fee chargeable by Kiple to close the Subsidiary e-Wallet.  Before Kiple closes a Subsidiary e-Wallet, any and all the remaining balance in the Subsidiary e-Wallet shall be transferred to the Primary e-Wallet and thereafter the e-Wallet shall be closed within two (2) Business Days from the receipt of the Card.

    Primary e-Wallet Closing

    You may close the Primary e-Wallet provided that there is no Subsidiary e-Wallet that is linked to the Primary e-Wallet. A transaction fee shall be imposed and the same shall be deducted from the Primary e-Wallet. There is no minimum amount remained in the e-Wallet is required to close the Primary e-Wallet. In the event that the balance in the Primary e-Wallet is less than the transaction fee, any remaining balance in the Primary e-Wallet shall be used to set off the transaction fee. Kiple may request for some information for the purpose of terminating the Primary e-Wallet and the User agrees to provide the required information. The remaining balance in the Primary e-Wallet (if any) shall be transferred to the User’s designated bank account and the closing of the Primary e-Wallet shall be processed within thirty (30) Business Days from the User’s request to close the Primary e-Wallet provided that all the required information has been provided to Kiple.

    D) e-Wallet: Cash Balance, Top Up, Limit, Withdrawal and Usage

    Each withdrawal has an administrative surcharge as specified in the i-3S App notwithstanding the amount withdrawn and the withdrawal process shall be completed within thirty (30) Business Days provided that all information that may be required by Kiple has been furnished by the Users. The withdrawal amount shall be made to the User’s designated bank account accordingly.  Withdrawal is only allowed for the Primary e-Wallet and not allowed for the Subsidiary e-Wallet.

    Part 2

    Card Terms and Conditions

    The Card can only be used by the designated Cardholder, failing which any liabilities and/or damages resulted from such unauthorised usage shall be borne by the Cardholder.

    1. Usage of Card

    Once the Card is activated and the Card is load up with funds, the Cardholder may start to use the Card to purchase goods and/or services at anywhere where the Card is accepted. Each time the Cardholder use the Card to purchase goods and/or services, Kiple is authorized to deduct the Cardholder funds from the Cardholder’s Card Account.

    For avoidance of doubt, Card Account shall mean the Subsidiary e-Wallet account designated, maintained and operated by Kiple in relation to the relevant Card issued.

    The Card is non-transferable and shall only be used exclusively by the Cardholder. The Card shall not be pledged by the Cardholder as security for any purpose whatsoever. The Cardholder shall not give the Card to other third parties or allow them to use it for charges, identification or any other purpose. If the Cardholder does so, the Cardholder will be liable for all charges made with the Card as a result thereof.

    The Cardholder should frequently review the Cardholder’s Card Account to check and verify Current Balance before using the Card. The Cardholder must always ensure that there are sufficient funds in the Card Account to pay for each Transaction and to cover the total amount transacted on the Card Account, including purchases, recurring transactions, fees and other charges. If the total amount in the Card Account is insufficient, the Transaction will be declined.

    For avoidance of doubt,

    • “Current Balance” means the amount of prepaid balance available in the Card Account.
    • “Transaction(s)” means all transactions effected through the use of the Card, including but not limited to, online transactions, recurring transactions, reload transactions and other transactions.

    All Transactions conducted with the Card will only be reflected and posted to the Cardholder’s Card Account after they have been submitted by the respective merchant/acquiring bank and processed by the payment network to Kiple.

    The Cardholder agrees not to use the Card for or in connection with any unlawful activity or purpose (including without limitation online gambling) (“Unlawful Purposes”).

    In the event that the Cardholder uses the card for any Unlawful Purposes, Kiple may reject payments for the affected transactions and terminate the Card immediately, without any liability on Kiple. Notwithstanding the above, the Cardholder continues to be fully liable to pay Kiple the amount due in respect of the affected transactions, if any, and will not use this as a defense to refuse payment of amounts due to Kiple.

    The Card is and shall at all times remain Kiple’s property and shall be surrendered to Kiple immediately upon request and may be repossessed at any time. By applying and subscribing for the Card and/or by retaining, using or authorizing the use of the Card, the Cardholder agrees and undertakes:

    • not to use the Card to purchase illegal goods or services or to use it for any unlawful and/or fraudulent activities;
    • to promptly notify Kiple of any loss or theft of the Card; and
    • to abide by and to only use the Card strictly in accordance with this Terms and Conditions.

    The Cardholder cannot use the Card for business and/or commercial purposes which are deemed to be unacceptable by Kiple and Kiple shall be entitled to suspend the authorization for the use of the Card for such activities.

    If the Card is used in a manner other than as permitted in this Terms and Conditions, to the extent permitted by law, Kiple may, at the option and without waiving any of the rights, recognize the Transactions and debit or credit the Card accordingly. Any online betting and/or gambling activities are prohibited and the Cardholder agrees that Kiple do not owe the Cardholder any duty and/ or obligation whatsoever to monitor and suspend the use of the Card for any unlawful activities. If Kiple discovers that the Card has been used for unlawful or fraudulent activity, Kiple shall be entitled to suspend and/ or terminate the use of the Card immediately without any prior notice. Notwithstanding the above, Kiple reserve the right to suspend or decline any Transactions at Kiple’s sole and absolute discretion.

    1. Contactless Payment

    The Card consist of the “Contactless Payment” functionality and Kiple is working with participating merchants with “wave” acceptance for up to a maximum limit of amount as set and/or authorised by the Cardholder. For avoidance of doubt, “Contactless Payment” means a transaction made by holding the Card in front of a contactless reader and without having to insert or swipe the Card.

    2. Liability vis-à-vis Cardholder and Merchant

    Kiple is not liable for any act or omission of any merchant establishment including any refusal to accept the Card, or any defect or deficiency in any goods and/or services supplied to the Cardholder by such merchant.

    The Cardholder shall resolve all complaints, claims and disputes against the merchants directly and the Cardholder agrees not to involve Kiple in any such claims, disputes or legal proceedings.

    Any claims and/or disputes which the Cardholder may have against the merchant establishment shall not relieve the Cardholder of the obligation to pay the amounts due to Kiple.

    3. Loss or Theft of Card

    Kiple shall not be responsible and shall not be liable for any Transactions performed as a result of loss or theft of the Card.

    In the event of disclosure to any unauthorized person or the unauthorized use of the Cardholder’s Card or the Card is lost or stolen, the Cardholder must immediately deactivate the Card by calling the Customer Care hotline to block the Card Account. Kiple will take necessary action to block the Cardholder’s Card upon receipt of the instruction by the Cardholder.