FOWEX Terms of Service (Malaysia)

 

Please read these Terms of Service (“Terms”) carefully. By using the Platform and the Fowex Networking you agree to be bound by these Terms and are deemed to have executed these Terms electronically. The headings contained in this document are for reference purposes only. You should print a copy of these Terms for your records.

 

Last Updated: 22 April 2024

 

1.             Parties to these Terms

 

1.1           These Terms are a legally binding agreement between you (“you”, “your” or the “Subscriber”) and Fowex Sdn Bhd doing business as Fowex Networking (“we”, “us”, “our”, “FoWeX”) (collectively, the “Parties” and each a “Party”). These Terms shall govern your use of the FoWeX website, including any subdomains thereof, and any other websites through which FoWeX makes its services available, our mobile, tablet and other smart device applications, and application program interfaces (collectively, the “Platform”) and the services provided through the Platform in the manner described in Clause 2.1.

 

2.             FoWeX Networking

 

2.1           FoWeX offers a networking plan which includes permit-renewal-instalment-plan targeting foreign workers working in Malaysia in various sectors i.e. manufacturing, construction, plantation, agriculture, services and domestic helpers (“Subscriber”). FoWeX operates through a Platform which offers you the option to make payment for their goods and/or services via a single lump sum on instalment basis against a duration prior to the expiry of the Subscribers’ working permit in Malaysia with or without installment rate (depending on the duration and/or choice of the Subscriber). The services performed by the Platform that facilitates the introduction of FoWeX plan by agents or employers (“Agents” or “Employer"), instalment plan for Subscribers, and including FoWeX services and products purchased shall be referred to as the “FoWeX Networking”.

 

2.2           Other products and benefit under FoWeX Networking is available in detail under Fowex Specification.

 

2.3           Due to the nature of the internet, FoWeX cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. FoWeX may restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. FoWeX may improve, enhance and modify the Platform from time to time. FoWeX shall not be liable in any way to you for any interruption to the use of the FoWeX Networking during such period of maintenance or system upgrades.

 

3.             Additional Protection Services

 

3.1           You acknowledge that FoWeX collaborates with its partner or designated authorized insurance panel. FoWeX provides the Additional Protection Services in its capacity as a medium affiliate with its authorised insurance agent of a licensed insurer (“Insurer”), holding the licenses required of an “insurer” in Malaysia.

 

3.2           In partnership with the Insurer, FoWeX distributes the additional protection products, plans and policies underwritten by the Insurer (“Policies”, “Plans”) through the Platform. For avoidance of doubt, the Policies or Plans are products offered above and in excess of the mandatory insurance required by the Government of Malaysia at time of issuance of this Terms of Service. FoWeX provides you with information about the Policies and facilitates your application for and purchase of the Policies or Plans through the Platform (collectively, the “Additional Protection Services”).

 

3.3           By using the Additional Protection Services, you acknowledge and agree that (a) your purchase of the Policies or Plans is subject to the acceptance by the Insurer; (b) the Policies or Plans are subject to terms and conditions imposed by the Insurer as may be amended from time to time; and (c) FoWeX does not make any representations or warranties as to the fitness of the Policies or Plans for your purposes, or that the information made accessible on the Platform is complete, timely, reliable or free from errors or inaccuracies.

 

3.4           FoWeX may terminate, suspend or modify the Additional Protection Services at its discretion, including but not limited to offering new Policies or Plans whether from the same Insurer or any other Insurer. In the event of any changes or termination, FoWeX will notify you in accordance with Clause 12 of these Terms.

 

4.             Eligibility; Account Creation; Member Verification

 

4.1           Eligibility

 

1. To be eligible to use the Platform, the FoWeX Networking and/or the Additional Protection   Services, you must:

 

1. be an individual who is at least eighteen (18) years old;

 

1. be capable of entering into a legally binding contract;

 

1. be a holder of an active foreign working permit in Malaysia (applicable to foreign workers);

 

1. have a valid passport with more than 12 months from the current permit expiry date (applicable to foreign workers);

 

1. not be blacklisted by Jabatan Imigresen Malaysia (applicable to both employer and foreign worker);

 

1. have a valid and verifiable email address and mobile telephone number;

 

1. provide a valid physical residential and delivery address;

 

1. be an authorized holder and/or eligible to use MiPay Mastercard debit card issued by Mobilityone Sdn Bhd for making monthly instalment payment; and   

 

1. be an authorised holder of an eligible debit card, credit card or other payment method as may be accepted by FoWeX for the first initial payment or as when necessary accepted by FoWeX   (“Payment Method”). For the avoidance of doubt, a Payment Method shall not include any issued prepaid debit cards, virtual debit cards or virtual account numbers, gift cards or any other type of access card; and

 

1. create an Account in accordance with Clause 4.2.

 

1. By creating an Account, you represent and warrant that you are eligible and meet all the requirements in Clause 4.1a.

 

4.2           Account

 

1. You must create and register a password-protected account on the Platform (“Account”) by providing FoWeX with such information as may be required for the purposes of creating such Account.

 

1. Notwithstanding your fulfilment of the criteria set out in Clause 4.1a above and your provision of the information referred to in Clause 4.2a above, we reserve the right to, at our sole discretion, refuse to allow you to create an Account. In the event of such refusal, you will not be able to use the FoWeX.

 

1. We will manage the personal data you provide to us in connection with the FoWeX in accordance with our Privacy Policy, available electronically on our website.

 

1. You may only hold one FoWeX Account. Your Account is strictly personal to you  and cannot be assigned or (re)sold to third parties.
2. In consideration for your use of your Account, you agree to:

 

1. provide true, accurate, current and complete information about yourself in a timely manner as requested by FoWeX from time to time and to promptly notify us of any changes. We will not be responsible for any losses or charges incurred in relation to your failure to do so;

 

1. be solely responsible for the safety and security of your password. Where you believe that your password has been compromised or that there has been a security breach, you shall notify us immediately, and in the event that you fail to do so, you shall be liable for further purchases made using your Account;

 

1. be fully responsible for any unauthorized access to your Account, and shall notify us immediately, failing which, you shall be liable for all purchases made using your Account;

 

1. immediately inform us of any actual or potential fraudulent activities relating to your Payment Method and to allow us to share such information with third party payment providers for the purposes of reducing further fraudulent activities;

 

1. ensure that your Account is used in a responsible and lawful manner and to not use your Account to misrepresent your identity; to procure any goods or services that are illegal or unlawful in nature or in a manner that contravenes any anti-money laundering laws; or for the purposes of accomplishing a cash advance; and

 

1. comply with our operating procedures as may be informed to you from time to time.

 

4.3           Verification and Other Checks.

 

You authorize us to conduct checks (including credit checks), validations and risk assessments, and to make, directly or through third parties (including credit bureaus), any inquiries necessary to verify your identity, to assess your capability to make payments under the Deferred Payment Structure, and as required by applicable laws or regulatory requirements. You further agree and authorise us to share such information with our affiliates and/or any other third party as may be relevant and/or necessary for the provision of the FoWeX.

 

 

5.             Payment Details

 

5.1           Payment Methods

 

                                      To complete the opening of an Account, you will be required to:

1. make the first payment (or any subsequent payment in the event of delayed issuance of MiPay Mastercard debit card by FoWeX) in connection with your Account via authorization of an existing MiPay Mastercard debit card or through FPX of your selected debit card, credit and/or other payment transaction accepted by FoWeX;
   1. activate your MiPay Mastercard debit card upon issuance of the physical card to you within 7 to 10 working days of your Account registration with FoWeX; and

 

1. thereafter, expressly consent to, authorise and instruct us to initiate recurring instalment payment via your MiPay Mastercard debit  card in relation to package(s) made in connection with your Account.

 

1. For the avoidance of doubt, you shall be responsible for ensuring that you have sufficient funds available in your MiPay Mastercard debit card. As such Payment Methods are provided by other third parties as described in 5.1.a, FoWeX accepts no liability in relation  to the same. You agree to be bound by any rules of such other third party and are responsible for all fees charged by the same.

 

6.             Subscription

 

6.1           When you elect to open up an Account, you agree to the instalment payment via the Payment Method to FoWeX for FoWeX products and services: you are deemed to make an order with FoWeX (“Subscription”). Subscription is subject to FoWeX’s approvals. We may, in our sole discretion, decline to facilitate the instalment plan for a Subscription, or cancel an approved Subscription before the FoWeX service(s) are delivered or supplied, for any reason including but not limited to your history of credit or to prevent against fraud, legal, regulatory or non-payment risk.

 

6.2           If your Subscription is approved, you will be notified via the Platform of the same. The Platform will also inform you of (a) your total Subscription amount and any applicable installment rate which may be charged; and (b) a payment schedule (“Payment Schedule”) showing the amount and due dates for each instalment payment (“Instalment Payment” . You will be required to confirm that you have reviewed this information and accepted it (“Payment Schedule Confirmation”). These details are also available for view in your account on the  Platform. The terms of the loan (or, as the case may be, Instalment Payment Agreement), Payment Schedule and your Payment Schedule Confirmation for each Subscription are both hereby incorporated into these Terms.

6.3           You agree to pay, and accept sole liability for, the full amount of the Instalment Payments and any applicable installment rate. Each Instalment Payment will be collected by charging your Payment Method on the due date(s) specified in your Payment Schedule. If you do not make the Instalment Payments as and when they fall due (including if the Payment Method is declined), or if such payments are not successfully processed on the relevant due date, you will be given 30 days to make payment with late charges applies. Failing which after 30 days, your Account will be in arrears and may be deactivated, and you may be charged late payment charges and certain fees or charges; for more information, please see Clause 8 below. You may additionally be subject to fees or charges assessed by MiPay Mastercard debit card. Please note that a late or rejected payment may occur because you did not update your Account with all changes to your MiPay Mastercard debit card information and/or your Payment Method.

 

6.4           You may make early payments in relation to the Payment Schedule via the Platform. Please note that in the event that you choose to make such early payments, you will continue to be charged any applicable installment rate as if the Payment Schedule had run its full course.

 

7.             Errors, Refunds, and Payments

 

7.1           WE SHALL NOT BEAR ANY LIABILITY OR RESPONSIBILITY FOR LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF YOUR FAILING TO INPUT THE CORRECT SUBSCRIPTION. In the event of an error, you may immediately request that we refund you for the proposed Subscription. We may, but shall not be obliged to, process a full refund and allow you to make another Subscription afresh.

 

 If the Subscriber wish to discontinue the Fowex subscription program upon valid reason by providing valid substantiation and/or as may be accepted or permitted by law, the Subscriber shall make such request in writing to Fowex Customer Service at fowexnetworkingfowex@gmail.com.

 

Such refund shall only (a) applicable to the Levy instalment amount; and (b) be subjected to our own checks in relation to the refunds.

 

If valid under law, until the refund or waiver has been processed through the Platform, you will remain liable for the full payment of the FoWeX services. All Instalment Payments will continue to be processed in accordance with the dates set out in your Payment Schedule.

 

7.2           Once the refund or waiver process has been completed, the amount that we have agreed to refund to you (“Refunded Amount”) will be returned to you. Please note that in the event of refunds, any applicable installment rate that you have paid will not be refunded to you. Subject to FoWeX’s absolute discretion (or, as the case may be, the lender’s absolute discretion) to vary the amount, manner and order to which the Refunded Amount shall be applied, the Refunded Amount shall first be applied to reduce the next due Instament Payment, and then to the subsequent Instalment Payment until all of your remaining payment obligations are extinguished, as applicable depending on the Refunded Amount. If the Refunded Amount is greater than the aggregate number of amounts owed in such subsequent Instalment Payments, such amounts will be refunded to the same Payment Method used to purchase the Merchant Services.

 

7.3           While we will process refunds as soon as reasonably practicable.

 

7.4           In the event of any partial repayments made by you, and subject to FoWeX’s absolute discretion to vary the amount, manner and order to which such payment amount shall be applied, the payment amount shall first be applied to reduce the next due Instalment Payment, and then to the subsequent Instalment Payment until all of your remaining payment obligations are extinguished, if and as applicable depending on the payment amount that has been made.

 

8.             Account Suspension and Installment Rate

 

8.1           Your eligibility to use the FoWeX services shall be assessed and determined on an ongoing basis at our sole discretion. We reserve the right to deny, suspend or terminate provision of the FoWeX services or your Account at any time and for any reason without consent or prior notice. WE SHALL NOT BEAR ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF YOUR ACCOUNT BEING SUSPENDED OR CLOSED FOR ANY REASON. FOR THE AVOIDANCE OF DOUBT, THIS SHALL   INCLUDE ANY LOSSES THAT MAY BE INCURRED IN RELATION TO ANY PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT WILL BE DEBITED

 

8.2           Reactivation of Account and Late Payment Charges

 

1. In the event of non-repayment of any Deferred Payment on its due date, a Late Payment Charge (“Late Payment Charge”) will be chargeable as follows:

 

1. A late payment charge of 10% of each installment amount; and

 

1. (if applicable) an additional penalty of RM 7

 

1. If your Account is suspended, you will be required to pay all outstanding amounts due on your Account (including, but not limited to, any Late Payment Charge).

 

1. We reserve the right to change the Late Payment Charge at our sole discretion and without prior notice to you.

 

1. We may, in our sole discretion waive such Late Payment Charge and reactivate your Account if we believe that your Account was suspended due to a system error, failure or security breach. Please provide us with the relevant evidence for our consideration at fowexnetworkingfowex@gmail.com

 

8.3           Installment Rate

 

a.         Depending on the duration of the Instalment Payment Structure, your use of the FoWeX services may be subject to an installment rate. The installment rate is inclusive of Sales and Service Tax (where applicable). The applicable installment rate will be notified to you before you confirm each Subscription, and your confirmation of the same represents your agreement to the installment rate. The installment rate is charged to you as compensation for the use of money.

 

9.             Account Termination

 

9.1           You may request to close your Account at any time by contacting us at fowexnetworkingfowex@gmail.com. Your request may take up to thirty (30) calendar days to process.

 

9.2           Your request to close your Account will be denied if:

 

1. any amounts due to usis unpaid. We may  limit or block your ability to use your Account;

 

1. you are subject to any investigation, in connection with or arising out of your use of FoWeX services or Instalment Payment Structure; or

 

1. there are any outstanding disputes between you and us

 

9.3           You remain liable for all obligations related to your Account even after your Account is closed. FoWeX will retain your information in accordance with our Privacy Policy: (available on FoWeX website and any applicable law, rule or regulation.

 

10.          Intellectual Property

All content included in or made available through the FoWeX Network, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software is protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) are owned by FoWeX or its affiliates. The copying, redistribution, use or publication by you of any part of the FoWeX Network, unless expressly permitted in these Terms, is strictly prohibited. Use of the FoWeX Network does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the FoWeX Network does not constitute a waiver of any right in such information and materials. For the avoidance of doubt, the use of the term “software” herein shall include its respective components, processes and design in its entirety.

 

 

11.          Trademark Notices

The trademarks, service marks and logos (the “Trademarks”) used and displayed on the FoWeX Network are registered and unregistered Trademarks of FoWeX or Insurers offering Plans and/or Policies on the Platform. Nothing on  the FoWeX Network should be construed as granting you, by implication, estoppel or otherwise, any license or right to use any Trademark or any other FoWeX intellectual property displayed on the FoWeX Network. The name “FoWex Networking”, “FoWeX”, “MiPay” and any other Trademarks shall not be used  in any way, including in advertising or publicity pertaining to distribution of materials on the FoWeX Network, without prior written permission from FoWeX.

 

12.          Communications

 

12.1         All notices or other communications between the Parties shall be given in writing in the English language and shall be delivered:

 

1. to you, via electronic mail to the email address you have provided to us, or to us, at fowexnetworkingfowex@gmail.com; or

 

1. via text messages to the mobile phone number you provided to us, including but not limited to text messages sent via SMS and/or Whatsapp at +6010-816 1761.

 

12.2         All emails and text messages shall be deemed received upon successful transmission unless stipulated otherwise.

 

13.          Transfers or Assignments

 

13.1         You shall not transfer or assign any rights and/or obligations you may have under these Terms without our prior written consent.

 

13.2         We may transfer, assign or novate these Terms, and any rights, obligations and conditions under these Terms, to a third party without your consent or notice.

 

14.          Changes to these Terms; Conflict of Terms

 

14.1         Additional terms and conditions may apply to purchases of goods or services, such as the terms of the loan you may enter into with FoWeX, and to specific portions or features of the Platform, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Platform or for any service offered on or through the Platform, the latter terms shall prevail with respect to your use of that portion of the Platform or the specific service.

 

14.2         We reserve the right to vary or amend these Terms from time to time without requiring express or implied consent and without prior notice of such variations or amendments. Such variations or amendments to these Terms shall be effective upon such updated version being uploaded on our Platform. You agree that it shall be your responsibility to review this Terms regularly whereupon the continued use of the FoWeX Network after such variation or amendment of these Terms shall constitute your consent and acceptance of such variation or amendment, regardless of whether you have reviewed the updated version of the Terms.

 

15.          Indemnification

 

15.1         You agree to release, indemnify and hold harmless FoWeX or its subsidiaries, partners, affiliates, employees, directors, officers, agents, representatives and/or any third parties providing services for and/or on behalf of FoWeX (“Indemnified Parties”) from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way related to these Terms, your use of the Platform, the Additional Protection Services, the FoWeX Network and/or the Instalment Payment Structure.

 

15.2         FoWeX reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of FoWeX and shall cooperate as fully and as reasonably required in the defense of any claim including providing FoWeX with access to any relevant documents, records or premises for purposes of assessing such claim. For the avoidance of doubt, this  Clause 15.2 will survive these Terms and the termination of your Account.

 

16.          Limitation of Liability

 

16.1         To the extent permitted by law, under no circumstances shall the Indemnified Parties be liable to you or any third parties for any indirect, incidental, consequential, special or exemplary damages (whether in contract, tort, equity or otherwise), arising out of or relating to the use of the Platform, the FoWeX Network, the Instalment Payment Structure, or FoWeX’s or your liabilities to third parties arising from any source.

 

16.2         You agree that the aggregate liability of the Indemnified Parties to you for all claims arising out of or related to the Terms, the use of the Platform, the FoWeX Network, the Additional Protection Services, the Instalment Payment Structure, or FoWeX’s liabilities to third parties arising from any source will not exceed the lower of: (a) (in the case of claims arising out of or related to the FoWeX Network or the Instalment Payment Structure) the amount of any affected Subscription(s) giving rise to such damages or (in the case of claims arising out of or related to the mandatory insurance imposed by the Government of Malaysia or Additional Protection Services) the amount of premiums collected by FoWeX in respect of the Policy or Plan giving rise to such claim, or (b) the amount of one thousand five hundred Malaysian Ringgit (MYR 1,500). These limitations will apply even if the above stated remedy fails of its essential purpose.