USER AGREEMENT

Axaipay Online Shopper Protection Program

This user agreement will be effective for all users eligible for Axaipay Online Shopper Protection as of November 1, 2022.

 

IMPORTANT: Please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the terms of this User Agreement. You further agree to the representations made by yourself below.

 

The User Agreement stated herein (collectively, the “User Agreement” or this “Agreement”) constitutes a legal agreement between you (the “User”) and Axai Digital Sdn. Bhd.  (“Axaipay”). Axaipay Online Shopper Protection is applicable to eligible purchases from participating merchants who accept online payments through Axaipay payment solution.

 

Introduction

 

When you buy something from a seller who accepts online payment via Axaipay (“Merchant”), you may be eligible for a refund under Axaipay Online Shopper Protection program, which terms and conditions are set forth herein. When applicable, Axaipay Online Shopper Protection program entitles you to reimbursement for the full purchase price of the item plus the original shipping costs you paid, if any. Axaipay determines, in its sole discretion, whether your claim is eligible for the Online Shopper Protection program based on the eligibility requirements, any information or documentation provided during the resolution process, or any other information Axaipay deems relevant and appropriate under the circumstances. Axaipay's original determination is considered final, but you may be able to file an appeal of the decision with Axaipay if you have new or compelling information not available at the time of the original determination or believe there was an error in the decision-making process.

 

IMPORTANT: You may be required to return the item to the seller or other party we specify as part of the settlement of your claim. Axaipay Online Shopper Protection program does not entitle you to reimbursement for the return shipping costs that you may incur.

 

Axaipay Online Shopper Protection program may apply when you encounter these specific problems with a transaction:

  • You didn't receive your item from an Axaipay Merchant (referred to as an "Item Not Received" claim), or

  • You received an item, but the item isn't what you ordered (referred to as a "Significantly Not as Described" claim).

 

If you believe that a transaction made through your payment instrument via Axaipay was not authorized by you, this type of claim is different from the Online Shopper Protection program and is described as “Unauthorized Transaction”.

 

Unauthorized Transaction

 

An "Unauthorized Transaction" occurs when a payment is charged to your payment instrument by Axaipay that you did not authorize and that did not benefit you. For example, if someone steals your payment card information and credential and use it to make a charge, an Unauthorized Transaction has occurred.

 

However, the following are NOT considered Unauthorized Transactions:

  •  you give someone access to payment card information (by giving them your login information) and they use your payment account without your knowledge or permission. You are responsible for transactions made in this situation.

  • Invalidation and reversal of a payment as a result of the actions described under refunds, reversals and chargebacks.

 

Item Not Received claims

 

You can only make an Item Not Received Claim with Axaipay within 14 days after your last correspondence with the Merchant and up to 60 days from the date of payment. You can make an Item Not Received Claim if:

  • Your purchased item is not received within the confirmed delivery timeline provided by Merchant, or

  • The Merchant did not resolve your complaint through their dispute resolution policy.

 

You are required to submit the following documentations when making an Item Not Received Claim:

  • All documentary proof on the agreed merchant delivery timeline.

  • Merchant’s written refund rejection

 

Your claim WILL NOT qualify for a refund under Axaipay Online Shopper Protection program for an Item Not Received claim if:

  • You collect the item in person, or arrange for it to be collected on your behalf, including items bought in a merchant’s store location,

  • The Merchant has provided proof of shipment or proof of delivery, or

  • For any other reason that Axaipay deems inappropriate as qualifying under an Item not Received Claim.

 

If the Merchant presents evidence that they delivered the goods to your address, Axaipay may find in favour of the Merchant for an Item Not Received claim even if you claim you did not receive the goods.

 

Significantly Not As Described claims

 

You can only make a Significantly Not As Described Claim with Axaipay within 14 days after your last correspondence with the Merchant and up to 60 days from the date of payment. You can make a Significantly Not As Described Claim if:

  • The item is materially different from the Merchant’s description of it.

  • You received a completely different item.

  • The condition of the item was misrepresented. For example, the item was described as "new" but the item was used.

  • The item was advertised as authentic but is not authentic (i.e. it is counterfeit).

  • The item is missing major parts or features and those facts were not disclosed in the description of the item when you bought it.

  • You purchased a certain number of items but didn't receive them all.

  • The item is unusable in its received state and was not disclosed as such.

  • The item was materially damaged during shipment.

 

An item may not be considered a Significantly Not as Described if:

  • The item is materially similar to the seller's description of it.

  • The defect in the item was correctly described by the seller in its description of the item.

  • The item was properly described but you didn't want it after you received it. (i.e. you had a change of mind)

  • The item was properly described but did not meet your expectations.

  • The item has minor scratches and was described as "used."

  • For any other reason that Axaipay deems inappropriate as qualifying under a Significantly Not as Described claim.

 

You are required to submit the following documentations when making a Significantly Not As Described Claim:

  • Documentary proof of purchase

  • Documentary proof of shipment and delivery

  • Merchant’s written refund rejection

 

All items for Significantly Not As Described claims are subjected to the Merchant’s refund or dispute policy.

Axaipay reserves the sole and absolute right to alter or terminate Axaipay Online Shopper Protection Program, without giving prior notice, or compensation in cash or in kind.

 

Limitations

 

Axaipay Online Shopper Protection will not cover transactions claimed under “Items Not Received” or “Significantly Not As Described” for the following scenarios:

  • The disputed transaction was completed by using online payment but not via Axaipay

  • More than one claim has been made and approved (i.e you have received a refund) for the single disputed transaction with any party, including Axaipay and the Merchant

  • The disputed transaction is for purchase of digital goods (such as gaming credits or digital vouchers)

  • You have not attempted to resolve the dispute directly with the Merchant

  • Your purchased item is found on the list of Ineligible Items and Transactions under Axaipay Online Shopper Protection, or

  • Any other scenario that Axaipay deems reasonable and appropriate from time to time.

 

Ineligible Items and Transactions

 

Payments for the following are not eligible for reimbursement under “Items Not Received” or “Significantly Not As Described”:

  • Real estate, including residential property.

  • Financial products or investments of any kind.

  • Businesses (when you buy or invest in all or part of a business).

  • Vehicles, including, but not limited to, motor vehicles, motorcycles, recreational vehicles, aircraft and boats.

  • Payments made in respect of gold (whether in physical form or exchange-traded form)

  • Transactions with airlines and travel agencies.

  • Significantly Not as Described claims for wholly or partly custom-made items or items picked up in person.

  • Donations including payments on crowdfunding platforms.

  • Items and activities prohibited by Axaipay

  • For Item Not Received claims, items which you collect in person or arrange to be collected on your behalf, including items bought in a merchant’s store location.

  • Industrial machinery used in manufacturing.

  • Electronics

  • Anything purchased from, or an amount paid to, a government agency.

  • Stored value items such as gift cards and prepaid cards.

  • Any bill payment service.

  • Items intended for resale, including single item transactions or transactions that include multiple items.

  • Any other scenario that Axaipay deems reasonable and appropriate from time to time.

 

Eligibility

 

To be eligible for Axaipay Online Shopper Protection you must meet all the following requirements:

  • You make online payment to the Merchant through Axaipay for products and services do not fall under the list of ineligible items and transactions above.

  • Attempt to contact the Merchant to resolve your issue directly before filing a claim under Axaipay Online Shopper Protection.

  • Respond to Axaipay’s request for documentation and other information within the time requested.

  • Not have received a recovery or agreed to an alternative resolution related to your purchase from another source. You will not be eligible for Axaipay Online Shopper Protection if you have an ongoing chargeback or service-level dispute with Axaipay or the Merchant.

 

Dispute Resolution Process

 

For claims under “Items Not Received” and “Significantly Not As Described”, if you are unable to resolve a transaction-related issue directly with a Merchant, you must follow our dispute resolution process through email to Axaipay at support@axaipay.my.

 

The steps you must follow are described below, and if you do not follow these steps your claim may be denied:

 

Step 1: Attempt to resolve directly with the Merchant based on the Merchant’s own dispute / refund policy. Axaipay does not hold any liability over the Merchant’s own dispute and refund policies. Should the resolution be unsatisfactory, you must contact Axaipay within 14 days after the last correspondence from the Merchant and up to 60 days from the date of payment.

 

Step 2: Respond to Axaipay’s requests for documentation or other information, based on the type of claim you are escalating to Axaipay. Axaipay may require you to provide receipts, third party evaluations, written correspondences with the Merchant or other documents that Axaipay specifies. You must respond to these requests in a timely manner as requested in our correspondence with you.

 

Step 3: Comply with Axaipay’s shipping requests in a timely manner, if you're filing a Significantly Not as Described claim. Axaipay may require you, at your expense, to ship the item back to the Merchant, to Axaipay or to a third party (which will be specified by Axaipay) and to provide proof of delivery.

 

Proof of delivery means:

For transactions that total less than RM3,000.00, confirmation that can be viewed online and includes the delivery address showing at least city/ or postal code, delivery date, and the identity of the shipping company you used. For transactions that total RM3,000.00 or more, you must provide signature confirmation of delivery.

 

Step 4: Axaipay will make a final decision (including automatically closing any dispute or claim), in its sole discretion, based on the coverage and eligibility requirements set forth above, any additional information provided during the online claim resolution process or any other information Axaipay deems relevant and appropriate under the circumstances. In the event that Axaipay makes a final decision in favour of you or the Merchant, each party must comply with Axaipay’s decision. If Axaipay finds in favour of you, Axaipay will reimburse you for the full purchase price of the item and original shipping costs (if applicable).