1. SCOPE OF THIS AGREEMENT
The use and provision of eFX services shall at all times be subjected to this eFX User Agreement (“this Agreement”) which describes (i) user rights and obligations, and (ii) e-FX Sdn Bhd’s rights and obligations.
In registering and creating an eFX Account with us, you unequivocally and unconditionally accept and agree to be bound by the terms and conditions of this Agreement.
Please ensure that you have read and understood this Agreement before registering for an eFX Account.
2. eFX APP
Upon your successful registration for an eFX Account, we shall grant you use and access to the eFX App subject to and in accordance with all of the following:
the terms and conditions of this Agreement; and
any and all rules and policies applied by any appstore provider or operator whose sites are located at Apple App Store and Google Play Store (“Appstore Rules”).
Subject to your strict and complete compliance with the terms of this Agreement, we shall grant you a non-transferable, non-exclusive license to use the eFX App in your device in accordance with this Agreement and the Appstore Rules. Save and except those expressly provided under this Agreement, we hereby reserve all other rights in connection with the eFX App, whether legal, beneficial or otherwise.
There may be updates to the eFX App issued and implemented via the Appstore from time to time. Depending on each particular updates, you may not be able to use eFX Services via the eFX App until and unless you have downloaded the latest version of the eFX App via the Appstore and accept new terms in connection thereto, if any.
For the avoidance of doubt, e-FX Sdn. Bhd. shall at all times remain the sole and absolute, legal and beneficial, proprietary owner of the eFX App.
3. ABOUT e-FX SDN. BHD.
e-FX Sdn. Bhd. is a private limited company incorporated under the laws of Malaysia with registered company no. 202001009651/136971-T (herein referred to as “eFX”, “we”, “us” or “our”, where applicable).
Our business address is located at Lot 13.2, 13th Floor, Menara Lien Hoe, No.8. Persiaran Tropicana, Tropicana Golf & Country Resort, 47410 Petaling Jaya, Selangor, Malaysia.
eFX App: means the mobile application software, all data supplied with the software and the associated media for the
purpose of providing eFX services.
Applicable Laws: means the laws, regulations, directives, orders, policies, guidelines, rules and requirements (whether or not having the force of law) in the relevant jurisdiction governing the provision of eFX services and/or the User (as and where applicable), including but without limitation to laws of Malaysia such as Anti-Money Laundering and Anti-Terrorism Financing Act 2001, Money Services Business Act 2011, Financial Services Act 2013 and Personal Data Protection Act 2010, and shall include any such other requirements that eFX may stipulate from time to time.
Business Day: means a day other than a Saturday, Sunday or a public holiday in Selangor, Malaysia.
Collection: means collection of purchased Foreign Currency by the User at selected locations offered in the eFX App and at the time and date as specified by eFX in the eFX System.
Delivery Service: means delivery services provided by eFX for Foreign Currency purchased by the User subject to (i) availability of the Delivery Service and (ii) payment of Service Charge by User.
eFX Materials: includes any software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you for download from our Website.
eFX Services: means all products, services, content, features, technologies or functions offered by eFX and all related websites, applications (including the App), and services (including the Website).
eFX System: means eFX’s proprietary online money services system accessible by the User via the Website or mobile devices or such other electronic devices which are capable of supporting the eFX Services application for the purposes of carrying out the Transaction.
Foreign Currency: means currency notes which are the legal tender in any country, territory or place outside Malaysia.
Rate Table: means a table displaying foreign exchange rates vis-à-vis RM within the eFX System and are subject to change from time to time by eFX according to the prevailing market condition.
RM: means currency of Malaysia known as Ringgit Malaysia.
Source Currency: means the currency which the user holds and/or fund payment orders.
Target Currency: means the currency which the user recipient will receive or the currency which the user has purchased (or exchanged).
These Terms: means all the terms and conditions under this Agreement.
User or You or Your: means a person, any corporation, partnership, limited liability Company, Association or any other entity of any kind, including currency wholesalers, money changers, financial institutions or any governmental or regulatory agency or authority, whose application for an eFX Account has been accepted and registered with eFX.
Please refer to www.e-fx.my/privacy-policy.
You hereby expressly warrant, represent and covenant to us that you shall:
only access the eFX Platform using authorised and legal means;
use the eFX Platform for lawful purposes only;
use the eFX Platform for the purpose for which it is intended to be used;
use the eFX Platform for your own non-commercial use and NOT as a tool to provide any services to a third party;
keep secure and confidential your own eFX Account password or any identification provided to you which allows access to the eFX Platform;
provide us with any proof of identity which we may reasonably request or require;
provide accurate, current and complete personal or corporate information as required for the eFX Platform and you hereby expressly undertake to maintain and update your information in a timely manner to keep it accurate, current and complete at all times; and
allow us the irrevocable and unconditional right to perform any checks for anti-money laundering and countering financing of terrorism and/or its related matters pursuant to the laws of Malaysia or any other jurisdiction.
If you are a natural person, you hereby expressly warrant, represent and declare that you are 18 years in age or older in creating and registering for an eFX Account. We may at any time require you to provide evidence of your age. Alternatively, if you are acting on behalf of a non-natural person, you hereby expressly warrant, represent and declare that you are an authorised officer duly appointed by the non-natural person to register for and operate the eFX Account and you have the legal right and authority to enter into any binding agreement in relation thereto on behalf of the non-natural person.
You may only register and create an eFX Account if it is legal to do so in your country of residence. In registering for an eFX Account, you hereby expressly warrant, represent and covenant to us that your registration for and use of an eFX Account does not violate any applicable laws or regulation of any jurisdiction including but not limited to the laws of Malaysia.
You shall be personally liable and shall indemnify us in full for any and all losses and damage directly arising from and in connection to your breach of this Clause 7 including but not limited to any solicitors’ fees and penalties imposed by governmental or regulatory authorities which includes financial institutions in your country of residence.
8. OPENING YOUR eFX ACCOUNT
In order to use eFX Services, you must first create and register an eFX Account with us by submitting your full, accurate and complete details. For the avoidance of doubt, we hereby reiterate that, in registering and creating an eFX Account with us, you have unequivocally and unconditionally accepted and agreed to all of the terms and conditions of this Agreement and shall be legally bound by the same.
We shall treat all activities under an eFX Account to be those of the registered user. You hereby agree and covenant that you shall use the eFX Services via your eFX Account to transact in your own name and for your own use, and not on behalf or to the benefit of any other person or entity.
You may only create and register for one eFX Account save and except where we approve in writing the opening of any supplementary eFX Accounts. We may at our sole and absolute discretion refuse the creation of any supplementary eFX Account(s) for the same registered user. In the event we discover or detect the opening or existence of any unauthorised duplicate account(s), we may at our sole and absolute discretion either close or merge the duplicate and master eFX Accounts without any prior notification to you.
9. USER VERIFICATION
You hereby expressly acknowledge and accept that we are required by law to carry out all necessary security and customer due diligence checks on you prior to providing you with use and access to the eFX Services. You shall at our written request provide us with additional information (and in a format acceptable to us) as part of our identity-verification processes prior to the opening of your eFX Account, processing your payment order(s) or otherwise provide eFX Services to you.
In addition to the above, you hereby expressly authorise and give us irrevocable and unconditional consent to make any further inquiries that we may consider necessary, whether directly or through any third party, in order to validate any and all information that you have provided us, including but not limited to making checks from any commercial databases or financial institutions and/or generating credit reports. You further hereby expressly authorise us to obtain one or more of your credit reports from time to time to verify, update, or renew your eFX Account with us, or in the event of any dispute arising from this Agreement and/or activities in your eFX Account.
10. MANAGING YOUR ACCOUNT
You shall at all times ensure that all information recorded in your eFX Account are complete, accurate and up to date. In the event any of your recorded information ceases to be complete, accurate and up to date, you shall voluntarily and promptly update and rectify the same in your eFX Account without any reminders or notification from us. In the event you fail, omit or neglect to comply with this Clause 10, all of the following shall apply:
you shall be personally liable and shall indemnify us in full for any and all losses and damage directly arising from and in connection to your breach of this Clause 10 including but not limited to any penalties imposed by any governmental or regulatory authorities which includes financial institutions in your country of residence; and
we may at any time and in our sole and absolute discretion suspend your eFX Account or refuse to provide or discontinue our eFX Services for any reason whatsoever.
We may at any time and from time to time request you to confirm the accuracy and completeness of your information or to provide supporting documents or other evidence to the same.
We may contact you by email or in other modes as stipulated under Clause 21 for matters relating to your eFX Account, transactions carried out in your eFX Account, eFX Services or continued use of your eFX Account. In the event you suffer any loss or damage (including but not limited to suspension or closure of your eFX Account) due to your own negligence, neglect and/or omission to check or maintain your email account and/or other methods of communication, we shall not be liable to you in any manner for the same.
11. KEEPING YOUR ACCOUNT SAFE
In connection with your eFX Account, you hereby expressly undertake and covenant to do and comply with all of the following:
shall at all times keep your registered eFX Account login ID and password in strict confidence and NOT disclose the same to any other person or entity. You are advised to change your password regularly and follow recommended practices on passwords such as https://support.google.com/accounts/answer/32040. We will never request for your password and you shall immediately contact eFX Customer Service Team in the event anyone requested for your password;
shall NOT allow anyone to access your eFX Account or watch as and when you access your eFX Account;
shall ensure that your email account and mobile phones are at all times secure and only accessible by you, as your e-mail address or mobile phone number may be used to reset passwords or to communicate with you about the security of your eFX Account. In the event your email account becomes or is suspected to be compromised or in the event you misplaced your mobile phone, you shall immediately contact and inform eFX Customer Service Team in relation to the same, failing which you shall be solely liable and responsible for any and all direct loss and damages, if any;
shall regularly check the transaction history of your eFX Account and promptly change your password in the event you know or suspect that your eFX Account, login details, password or other security feature is stolen, lost, accessed and/or used without your prior authorisation or is otherwise compromised, failing which you shall be solely liable and responsible for any and all direct loss and damages, if any;
shall immediately contact eFX Customer Service Team in the event any unauthorised, incorrect or misdirected transaction is performed or suspected to have been performed, failing which you shall be solely liable and responsible for any and all direct loss and damages, if any;
shall NOT use any functionality that allows login details or passwords to be stored by the computer or browser that you are using or to be cached or otherwise recorded;
shall familiarise yourself with any and all additional security requirements in connection with additional eFX products or services that you may purchase or use; and
shall be solely liable and responsible for any and all losses and damages arising from unauthorised transaction(s) performed in your eFX Account if you failed to use your eFX Account in accordance with the terms and conditions of this Agreement, whether intentionally, fraudulently or in gross negligence.
You hereby expressly agree and accept that we may suspend your eFX Account or otherwise restrict its functionality in the event we have any concerns in the matters as follows:
the security of your eFX Account or any of its security features; oR
unauthorised or fraudulent use and/or access to your eFX Account or any of its security features.
We will notify you of any suspension and/or restriction to your eFX Account and the reasons for any such suspension and/or restriction as soon as reasonably possible, save and except where any such notification is unlawful or contrary to Applicable Laws or shall compromise our reasonable security interests. We shall lift the suspension and/or restriction as soon as practicable after the reasons for such suspension and/or restriction cease to exist.
12. YOUR TRANSACTIONS
12.1 Payment Order
You shall submit payment orders online via your eFX Account, which may be any one of the following:
"Fixed Source Money Exchange" meaning a payment order whereby you convert a fixed amount of Source Currency to purchase the converted amount in the Target Currency; or
"Fixed Target Money Exchange" meaning a payment order whereby you purchase a fixed amount of Target Currency using the Source Currency you provide to us; or
"Fixed Source Money Transfer" meaning a payment order whereby you convert a fixed amount of Source Currency and transfer the same to your recipient who will receive the converted amount in the Target Currency; or
"Fixed Target Money Transfer" meaning a payment order whereby you transfer a fixed amount of Target Currency to your recipient using the Source Currency you provide to us.
You may fund your payment order using the payment method(s) indicated to you as and when you place the payment order with us via your eFX Account. You may only use a payment instrument (such as direct bank transfers, credit cards or debit cards) to fund your payment order if and only if you are the named holder of any such payment instrument. For the avoidance of doubt, we shall deem and treat any attempt to add a payment instrument of which you are not the named holder as a fraudulent act.
In the event your payment order is received by us after 5pm on a Business Day or not on a Business Day, your payment order will be deemed received on the following Business Day.
We shall only process your payment order once we have received the relevant funds and fees from you. It is your responsibility to fund your payment order in a timely manner. We shall NOT in any manner be liable or responsible for any delays in receiving the necessary funds from your bank or payment service provider.
We shall carry out user verification checks as stipulated under Clause 9 above which may increase the time necessary to process your payment order. We shall NOT in any manner be liable or responsible for any delays arising from performing such user verification checks.
You will be notified of the estimated completion time upon completion of your payment order.
In respect of any fund transfers via bank or payment gateways/solutions, we shall use reasonable efforts to ensure that the funds are received in the recipient's bank account or payment account within the timelines as notified to you or otherwise specified in our eFX App or Website. You hereby expressly acknowledge and agree that we do not have any control over the fund-transfer process and the time it may take for the recipient's bank or payment solutions provider to credit and make available the funds to the recipient.
12.2 Collection or Premium Delivery Service
For Collection or Premium Delivery Service made by or to any other persons other than the User, the User shall furnish us with necessary details of such recipient through the eFX System. We hereby expressly reserve the right to refuse collection of the purchased Foreign Currency by any person other than the User without providing any reason thereto. The user shall NOT nominate any person to collect or receive Foreign Currency purchased unless: -
the amount transacted is equivalent to RM20,000 and below; and
the User has been cleared of all Customer Due Diligence requirements.
12.3 Transaction Limits
We hereby expressly reserve the sole and absolute discretion to determine, impose and vary the limits for any and all transactions performed via the eFX System, whether in amount, frequency or otherwise, in accordance with the Applicable Laws including all subsequent amendments, revisions, additions, repeals and substitutions.
12.4 No Transaction Cancellation
In relation to your payment orders, you hereby expressly agree and accept all of the following: -
that all payment orders are final and conclusive, and any and all cancellation of transaction or payment order shall NOT be entertained by us or be available to you, once confirmed for processing by the eFX System;
that you shall ensure that all information inserted or appearing in the eFX System when setting up and placing a payment order is accurate and free of any and all errors, failing which you shall be solely liable and responsible for any and all direct loss and damages; and
that all payment orders shall be processed in accordance with all information you have provided and appearing in the eFX System, and shall be deemed correctly processed and completed notwithstanding any and all errors that you may make in providing the necessary information.
12.5 Additional Information Required
When you set up money transfer order via your eFX Account, you shall provide us with further information including but not limited to the following:
the full name of your recipient;
your recipient's bank account details;
amount to be transferred; and
details of the payment method to fund your payment order.
12.6 Transaction ID
Upon receipt of your payment order, we shall send you an email confirmation for such receipt and each and every payment order shall be assigned with a transaction ID which will be recorded in the transaction history of your eFX Account. You are required to quote this transaction ID when communicating with us about a particular payment order.
12.7 Refusal of Transaction
In the event we fail or refuse to process and complete your payment order for any reasons whatsoever, we shall promptly inform you of any such complication and provide a solution to the same, unless any and all such notification is unlawful or contrary to Applicable Laws.
13. PROHIBITIONS AND RESTRICTIONS
Throughout the subsistence of this Agreement and for as long as you remain as a registered eFX User, you shall NOT do any and all of the followings:
use eFX Services in any way which will deprive other User(s) of their legitimate right to use the eFX Services;
use the eFX App and/or Website for illegal purposes in any jurisdiction or in breach of these Terms;
use or manipulate eFX Services for any illegal activity or purpose contrary to any Applicable Laws;
modify, copy, distribute, reproduce, transmit, display, perform, publish, upload, post, license, create derivative works from, transfer or sell any information, designs, logos, trademarks, software or services obtained from the eFX App and/or Website;
post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind including but not limited to any information or statement constituting or encouraging conduct that would tantamount to criminal offence, give rise to civil liability and/or violates any Applicable Laws;
post or transmit any messages for the purpose of or in the nature of an advertising material, touting or sale of, or offer to sell, any product or service;
transmit or disseminate advertising material, chain letters, spam, junk mail or other type of unsolicited messages;
post or transmit or disseminate viruses, worms, Trojan horses or other harmful, disruptive or destructive files;
post, publish, transmit, reproduce, distribute, or in any way exploit any information, software or other material obtained from or through the eFX App and/or Website for commercial purposes;
attempt to decompile or reverse engineer any software available in the eFX App and/or Website; and
attempt to hack into the eFX App and/or Website or otherwise attempt to subvert any firewall or other security measure of the Website.
In the event the eFX App and/or Website contains bulletin boards, chat rooms, access to mailing lists or other communication facilities, you shall only send and receive messages that are proper and related to the particular subject forum/purposes only.
You shall use any software provided on, by or through the eFX App and/or Website for a specific purpose only for that purpose and no other.
You shall comply with the rules of any network through which you access the eFX Services.
14. EXCHANGE RATE
The applicable foreign exchange rates vis-a-vis RM are based on the latest Rate Table provided by eFX and are subject to change without prior notice at our sole and absolute discretion.
The latest foreign exchange rates shall be applicable immediately after being posted on the eFX App or/and Website.
15. SERVICE CHARGE
You hereby expressly undertake and covenant to pay Service Charge(s) for any and all of the following: -
delivery service subscribed by the User through the eFX System whereby the Service Charge shall be deemed forfeited in the event of unsuccessful delivery of the purchased Foreign Currency due to an act or omission of the User;
purchase of Foreign Currency which remains uncollected by the User for more than seven (7) days from the intended collection date for the purchased Foreign Currency;
the fees for your payment order of which you shall be notified upon placing your payment order;
change of Collection location, at your request, for your collection of purchased Foreign Currency;
change of collection date, at your request, for your purchased Foreign Currency;
request made by the User for an early collection of the purchased Foreign Currency via Collection or Delivery Service subject to the availability of such services; and
request made by you on your preferred denomination for the purchased Foreign Currency subject to availability of such denomination.
You hereby expressly agree and accept that the Service Charge amount is subject to our revision and/or variation from time to time at our sole and absolute discretion and without prior notice and approval by you.
You further agree and accept that the Service Charge is subject to Goods and Services Tax.
16. INTELLECTUAL PROPERTY RIGHTS
You shall at all times use eFX Materials only for your personal use and only to the extent necessary for the use of eFX Services.
You shall NOT do or attempt to do, whether directly or indirectly, any and all of the following:
commercially exploit, transfer, sublicense, loan, sell, assign, lease, rent, distribute, or grant rights in the eFX Service or the eFX Materials (which shall at all material times be legally and beneficially owned by eFX) to any person or entity;
remove, obscure, or alter any notice of any of our trade marks, or other corporate logo(s) appearing on or contained in any eFX Materials and/or provided to you via access to and use of eFX Services;
modify, copy, tamper with or otherwise create derivative works of any software included in the eFX Materials or as part of the eFX Services; and
reverse engineer, disassemble, or decompile the eFX Materials or the eFX Services or apply any other process or procedure to derive the source code of any software included in the eFX Materials or as part of the eFX Services.
17. LIMITED LIABILITY
In connection with the eFX Services, we shall be liable only for any loss or damage directly arising from our gross negligence or breach of this Agreement but shall at all material times NOT be liable in any circumstances for any special damages, unforeseeable and/or indirect loss including but not limited to any loss of income, loss of business or profits, loss of commercial or business opportunities, loss of reputation, loss of customers, loss of use, business interruption, emotional pain and suffering or any other incidental losses.
Notwithstanding the provisions of this Agreement, we shall NOT be liable to you or in breach of this Agreement or found negligent by reason of any delay in performing or failure to perform any of our obligations hereunder or eFX Services due to events beyond our reasonable control including but not limited to the following:-
any loss or damage caused by virus or other technological attacks or harmful material that may infect your mobile phone, computer equipment, computer programs, data or other proprietary material related to your use of eFX Services; and
any loss or damage caused by your use or access to affiliate links or, in general, websites linked to and from our Website.
In the event of any unauthorised payment as a result of or mistake made by us, we shall at your request immediately refund the payment made including all fees deducted by us. For the avoidance of doubt, we hereby reiterate that we do not bear any liability or responsibility whatsoever and shall not indemnify or refund you for any and all of the following: -
the unauthorised payment arises from your failure to keep the personalised security features of your eFX Account safe as required in this Agreement;
your failure to immediately notify us of security issues in relation to your eFX Account such as loss of password;
the unauthorised transaction was performed as a result of the security of your eFX Account being compromised by you intentionally, fraudulently or in gross negligence; and
your failure to immediately inform us of the unauthorised or incorrectly completed transaction upon confirming your payment order to be processed.
In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of eFX Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.
You hereby expressly agree and undertake to indemnify and hold eFX harmless from and against any claim, action or proceedings made or brought by and against eFX and any loss, damages, liabilities, penalties, costs, expenses or payments which eFX pays, suffers, incurs or is liable for due to your acts or omissions that are contrary to Applicable Laws, in breach of this Agreement, in gross negligence and/or in connection with your use of the eFX Services.
18. ACCESSING OUR SERVICES
We shall at all times make reasonable efforts, and to the best of our ability, ensure that the eFX Services are provided without any disruptions, whether technological or otherwise. We may at any time suspend, withdraw, discontinue or change all or any part of the eFX Service without notice to you. We shall NOT be liable to you if for any reason eFX Services are unavailable, unstable or disrupted at any time or for any period. You are responsible for making all arrangements necessary for you to have access to eFX Services.
19. INFORMATION SECURITY
You shall bear the sole responsibility to configure your information technology, computer programmes and platform in order to access eFX Services and have in place your own virus protection software. We do NOT at any time warrant, covenant and guarantee that the eFX App, Website and/or eFX Services are free from bugs or virus.
In connection with information security, you hereby expressly agree and undertake to NOT do any of the following: -
misuse or harm eFX Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful to the eFX System;
attempt to gain unauthorised access to our eFX App, Website, our servers, computers or databases; and
attack our eFX App and/or Website with any type of denial of service attack;
the breach of which shall amount to a criminal offence under, among others, the Computer Crimes Act 1997 of Malaysia and we shall report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your personal information to them. In the event of any such breach, we shall immediately suspend or terminate your right to use our eFX App, Website and/or eFX Services.
20. LINKING TO OUR SITE
You shall be given linking access to our Website, provided always that: -
you do so in a manner that is fair, lawful and does not damage our reputation or takes undue advantage of it
you do not suggest any form of association, approval or endorsement on our part where none exists; and
you do not frame our Website on any other site.
We reserve the right to withdraw such linking permission at any time without notice to you.
21. TERMINATION AND/OR SUSPENSION
We may, at any time, terminate your eFX Account or any service associated with it without giving any prior notice or reason for such termination. You may terminate your eFX Account with us at any time by contacting eFX Customer Service Team. Upon termination of your eFX Account, you shall immediately delete or remove the eFX App from your devices.
We may at any time suspend or terminate your eFX Account without notice if: -
you breach any provisions of this Agreement or documents referred to in this Agreement;
we have reason to believe that you are in violation of any Applicable laws;
we are requested or directed to do so by any competent court of law, government or regulatory authority, public agency, or law enforcement agency;
we have reason to believe that you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal and/or illegal activity;
we believe that your eFX Account has been compromised or for other security reasons; or
we reasonably suspect that your eFX Account has been used or is being used without your authorisation or fraudulently.
We shall inform you as soon as we are able in the event of any such suspension of your eFX Account, save and except where such notification is unlawful, illegal or may compromise our reasonable security interests.
22.1 Email as Our Primary Communication Channel
You shall at all times maintain at least one (1) valid email address in your eFX Account profile and regularly check for any incoming messages in connection with your eFX Account or eFX Services, failing which you shall be solely liable and responsible for any and all direct loss and damages. These emails may contain links to further communication on our Website.
22.2 Other Modes of Communication
In addition to email communications, we may contact you via phone calls, SMS or Post where appropriate.
If you have any complaints about us or eFX Services, you may contact us by writing to email@example.com.
24. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and any dispute in connection with your eFX Account and/or this Agreement shall be submitted to the jurisdiction of the Courts of Malaysia.
25.1 Amendment and Variation
The terms and conditions of this Agreement may be amended or varied at any time and from time to time by us at our sole and absolute discretion without prior notice to you. Any amendment or variation will be made available to you at our Website, or via email or SMS, or when you log in into your eFX Account. Such amendment or variation shall take effect on the date on which we declare it to be effective. Your continued use of our eFX Services shall constitute acceptance of the revised Terms.
25.2 Assignment and Novation
You shall NOT transfer, assign, novate, subcontract, declare a trust over or deal in any other manner with any and all of your rights and obligations under this Agreement (including the eFX Account) without our prior written consent. We hereby reserve the right to transfer, assign or novate this Agreement (including the eFX Account) or any right or obligation under this Agreement at any time without your consent.
If any provision of this Agreement shall be prohibited by or adjudged by a court to be unlawful, void or unenforceable, such provision shall to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other provisions of this Agreement or the validity or enforcement of this Agreement.
No failure or delay on our part relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any of your preceding or succeeding breach.
25.5 Entire Agreement
This Agreement sets out the entire agreement between us with respect of the subject matter herein and supersedes any prior arrangements, understandings or agreements whether written or oral between us in relation thereto.
*Last updated on 25 November 2021.