Terms & Policies
MY Supplement
MY Supplement to the Payments Terms
The provisions of this MY Supplement apply to the Malaysian Parties.
1.1. Clause 4.1 of the Payments Terms is deleted and replaced with the following: “4.1. After Airwallex has value dated a Transaction, subject to Clauses 4.4 to 4.10 of these Payments Terms, Airwallex will instruct payment of the Net Settlement Amount to the Customer in accordance with the timelines required by Applicable Law in Malaysia. For an e-commerce Customer, this shall be no later than five (5) Business Days from receipt of cleared funds from the Payment Method Provider.”
1.2. Clause 4.2 of the Payments Terms is deleted and replaced with the following: “4.2. Airwallex shall make the Settlement Payment to the Customer by initiating a bank transfer of the Net Settlement Amount to the Customer Bank Account.”
1.3. Clause 4.5 of the Payments Terms is supplemented by adding the following sub-clause: “(d) Notwithstanding the foregoing, any deferment of all or part of the Customer’s Settlement Payment(s) made solely as a result of Chargebacks, Chargeback Fees, or Chargeback Costs shall not exceed a period of 120 days.”
1.4. Clause 5.4 of the Payments Terms is amended by replacing sub-clause (h) and adding sub-clauses (j) and (k) as follows: “(h) have and maintain sufficient written data protection frameworks, policies, procedures, and internal controls to ensure compliance with all Applicable Laws on data protection, and obtain all necessary consents or permissions from Buyers or other users for the sharing and processing of any relevant data with Airwallex, a Network, Payment Method Provider or a Regulator in accordance with Applicable Laws; (j) at a minimum, accept debit cards as a Payment Method from Buyers for any goods and/or services; and (k) display a prominent notice to Buyers of the Payment Methods accepted or refused by the Customer at the point of sale.”
1.5. In respect of the Payments Products provided in Malaysia, the limitation of liability provisions in the Agreement are modified to include the following: “For any Claims concerning Settlement Payments payable to the Customer, Airwallex’s aggregate liability is limited to the amount of the relevant Settlement Payment, in accordance with the provisions of the Payment Terms.”
1.6. Clause 15 of the Payments Terms is deleted and replaced with the following: “Notwithstanding the restriction on third party enforcement rights set out in the Agreement, in the event of any losses suffered by an Airwallex Affiliate due to the actions or omissions of the Customer, Airwallex reserves the right to bring legal action against the Customer for the recovery of such losses on its own behalf or on behalf of the relevant Airwallex Affiliate.”