In these DuitNow AutoDebit Consent Terms and Conditions (“Terms”), references to “you”, “your” and “yours” refers to the Standard Chartered Malaysia customer who is utilising DuitNow AutoDebit Consent service and has an account with Standard Chartered Malaysia and reference to “we”, “our”, “ours” and “us” refers to both Standard Chartered Bank Malaysia Berhad and Standard Chartered Saadiq Berhad (collectively referred as Standard Chartered Malaysia).

Definitions

“Business Day” means any calendar day from Monday to Friday, except a public holiday or bank holiday in Kuala Lumpur.

“DuitNow” means a service which allows Payers to initiate and receive instant credit transfers using a recipient’s account number or DuitNow ID.

“DuitNow ID” means an identifier of an account holder such as a mobile number, NRIC, passport number, army number or police number (in the case of an individual) or business registration number (in the case of a corporate Payer) or any other identifiers as may be introduced by the DuitNow Operator from time to time.

“Consent Request” means a service allows Payers or merchant to initiate consent request registration or maintenance using Payer`s DuitNow ID.

“DuitNow Operator” means Payments Network Malaysia Sdn. Bhd. (Company No.: 200801035403 [836743-D]).

“National Addressing Database (NAD)” means a central addressing depository established by the NAD Operator that links a bank account or an e-money account to a recipients DuitNow ID and facilitates payment to be made to a recipient by referencing the recipient’s DuitNow ID.

“Participants” means Banks and Non-Banks that have been granted approval to access the RPP Scheme to enable clearing and settlement of RPP transactions as well as exchange of Non-Value Messages.

“Personal Data” means any information in respect of commercial transactions that relate directly or indirectly to a Payer, who is identified or identifiable from that information which includes, but not limited to, the Payer’s name, address, identification card number, passport number, banking information, email address and contact details.

1. Introduction
1.1 These Terms apply to and regulate Your use of the Consent Request service offered by Us. The Consent Request service allows You to get your consent registered or get your consent registered via buyer from Your designated bank or e-money account maintained with Us, to a bank or emoney account maintained by Your recipient at a participating Consent participant, or such other means as prescribed by Us or the Consent Operator from time to time.
1.2 The Consent Request service offered by Us is part of the Electronic Banking/e-Money Services, and accordingly these Terms are in addition to and shall be read in conjunction with https://www.sc.com/my/consumer-banking-terms-conditions/

2. Consent Registration Request Service
2.1 We will notify You on the status of each successful, failed or declined Consent Request via any of Our available communication channels chosen by You.
2.2 You acknowledge and agree the We shall have no duty to and shall not be required to take any steps to verify or seek any other confirmation from any party as to whether such registered recipient is the intended recipient, and We shall not be liable for confirming the consent request of such registered recipient even if such person is not the intended recipient.
2.3 Pursuant to Clause 2.2 above, You agree that once a Consent Request has been confirmed, it will be deemed irrevocable and You will not be able to cancel, withhold or perform any changes to that Consent Request.

3. Recovery of Funds
3.1 In the event the Consent Request involves any debiting amount of money from the account, You have rights in relation to the investigation and recovery of, erroneous payments and unauthorised (includes fraudulent) Consent Request and transactions made from Your account.

4. Erroneous Consent Request
4.1 In the event You realise that you have made an erroneous Consent Request, You may request in writing for recovery of the funds within ten (10) business days from the date the erroneous Consent Request was made and We will work with the affected recipient’s bank/ e-money issuer to return the said funds to You within seven (7) Business Day provided that the following conditions are met:
4.1.1 The request was wrongly routed into the affected recipient’s account; or
4.1.2 If funds have been wrongly debited, whether the balances in the affected recipient’s account is sufficient to cover the funds’ recovery amount:
4.1.2.1 If the balances are sufficient to cover the recovery amount, the erroneously credited funds may be recoverable; and
4.1.2.2 If the balances are not sufficient to cover the recovery amount, the erroneously credited funds may not be fully recoverable and the recipient’s bank/ e-money issuer may partially remit the recoverable fund back to You.
4.2 Request for recovery of funds between eleven (11) Business Days and seven (7) months from the date the erroneous DuitNow transaction was made:
4.2.1 The affected receiving participant is fully satisfied that funds were erroneously credited to the affected recipient; and
4.2.2 Deliver notifications to the affected recipients in writing regarding the funds recovery requests whereby the erroneously credited funds would be recovered through debiting the affected recipients’ accounts within ten (10) Business Days of the notifications unless the affected recipient provides reasonable evidences that the affected recipient is entitled to the funds in question. After fifteen (15) Business Day, if the affected recipients fail to establish their entitlement to the funds, the affected recipient’s bank/ e-money issuer shall debit the affected recipients’ account and remit the funds back to You.
4.3 Requests to recover funds after seven (7) months from the date of the erroneous Consent request:
4.3.1 The affected recipient’s bank/ e-money issuer is fully satisfied that funds were erroneously credited to the affected recipient;
4.3.2 The affected recipient’s bank/ e-money issuer shall obtain from the affected recipient the decision whether to grant consent within ten (10) Business Days; and
4.3.3 Once consent is obtained, the affected recipient’s bank/ e-money issuer shall debit the affected recipient’s account and remit the funds back to You within one (1) Business Day.

5. Unauthorised or Fraudulent Consent Request
5.1 For any Consent Request which is not authorised by You or which is fraudulent, We will, upon receiving a report from You alleging that an unauthorised or fraudulent Consent Request has been made, if in the event money has been debited, We will remit the funds back to You provided that the following conditions are met:
5.1.1 We shall conduct an investigation and determine within fourteen (14) calendar
days (together with your evidence and supporting documents, if so required), if the unauthorised or fraudulent payment did occur; and
5.1.2 If We are satisfied that the unauthorised or fraudulent payment request did indeed occur and was not caused by You, We shall initiate a reversal process whereby all debits posted to Your account arising from the unauthorised or fraudulent Consent Request for which the money has been debited would be reversed.

6. Liability and Indemnity
6.1 You acknowledge and agree that, unless expressly prohibited by any laws or regulations, We and the DuitNow Operator shall not be liable to You or any third party for any direct, indirect or consequential losses, liabilities, costs, damages, claims, actions or proceedings of any kind whatsoever in respect to any matter of whatsoever nature in connection with the DuitNow services offered by Us arising from:
6.1.1 Your negligence, misconduct or breach of any of these Terms;
6.1.2 Any failure, delay, error or non-transmission of funds due to system maintenance, breakdown or non-availability of any network, software or hardware of Standard Chartered Malaysia. and the DuitNow Operator; or
6.1.3 The suspension, termination or discontinuance of the DuitNow services.
6.2 You shall indemnify and keep Us, Our affiliates, and the DuitNow Operator fully indemnified from and against any loss or damage suffered due to any claim, demand or action brought against Us, Our affiliates, and the DuitNow Operator resulting from any negligent and/or fraudulent act to the DuitNow Terms and Conditions by You.

7. General
7.1 We reserve the right to revise at any time, such charges for the use of the DuitNow services, by providing you thirty (30) days written notice to You. Such revisions shall take effect from the date stated in the said notice. Where You continue to access or use the DuitNow services after such notification, You shall be deemed to have agreed to and accepted such revisions to such charges.
7.2 You acknowledge that We may terminate Your use of the DuitNow services with Us for any reason, with prior written notice.
7.3 You acknowledge that We have the right to change, restrict, vary, suspend or modify these Terms by providing You with thirty (30) days’ notice in such manner as We deem fit.
7.4 You consent to the collection, use and disclosure of your Personal Data (as defined under the Personal Data Protection Act 2010) by Us, Our affiliates, Our service providers and the DuitNow Operator as required for the purposes of the DuitNow services.
7.5 These Terms are governed by and shall be construed in accordance with the laws of Malaysia and all parties agree to submit to the jurisdiction of the courts of Malaysia.