Guest Payment

Guest Payment Terms & Conditions

Definitions “Guest Payer” means a person making payment on behalf of a Hirer. “Hirer” means the person contractually obliged to make payment to ELK-DESA. “Service Portal” means the ELK Mobile App interface used for Guest Payment. “Payment Processor” means the third-party service provider engaged to process payments.

1. This Service allows you to make payment on behalf of a Hirer through the ELK Mobile App for installments or other amounts due (“Service”).
2. By using this Service, you agree and consent to ELK-DESA CAPITAL SDN BHD (Registration No.198101010867 / 76994-P) collecting, using, storing, and disclosing your Personal Data and any other information submitted via the Service Portal for the purposes of payment processing, compliance with law, and evidentiary use in court proceedings in the event of suspected or proven misuse of the Service.
3. By using this Service, you agree to these Terms & Conditions. ELK-DESA may amend these Terms & Conditions from time to time by posting updates on its website. Continued use of the Service after such amendments constitutes your acceptance. If you do not agree, you must immediately cease using the Service.
4. This Service may be used to pay installments or other amounts due to ELK-DESA. ELK-DESA may amend the scope of payments permitted from time to time.
5. You hereby acknowledge that you are responsible for ensuring that all information submitted via the Service Portal is accurate and complete to enable successful processing.
6. Upon submission of your request, it will be channelled to a third party service provider for processing (“Payment Processor”). Use of debit/credit cards or e-wallets via the Service is subject to the terms of the card issuer and the Payment Processor.
7. While ELK-DESA will use reasonable endeavours to secure the Service Portal, ELK-DESA does not warrant the security or confidentiality of information submitted. ELK-DESA is not liable for interception, hacking, or unauthorised access to information.
8. You further agree and acknowledge that ELK-DESA computer records shall be conclusive evidence of your instructions and use of the Service.
9. You must not use a debit/credit card that is unlawfully owned or unauthorised by the lawful owner.
10. Once payment has been affected, ELK-DESA is not obliged to cancel, revoke, reverse, or amend instructions, nor will refunds be made under any circumstances.
11. You consent to ELK-DESA using, storing, and processing your name, MSISDN, email address, and other personal information submitted via the Service Portal, including disclosure to banks, financial institutions, card issuers, and the Payment Processor, in accordance with ELK-DESA Privacy Policy and applicable law.

    Note:

    MSISDN (/ˈɛm ɛs aɪ ɛs diː ɛn/) is a number uniquely identifying a subscription in a Global System for Mobile communications or a Universal Mobile Telecommunications System mobile network. It is the mapping of the telephone number to the subscriber identity module in a mobile or cellular phone. This abbreviation has several interpretations, the most common one being “Mobile Station International Subscriber Directory Number”.[1]

12. If you make payment for someone other than yourself, you warrant that you have obtained the Hirer’s consent to disclose their information to ELK-DESA and you indemnify ELK-DESA against any claims arising from such payment.
13. This Service is provided solely for your convenience. You are responsible for resolving disputes with your card issuer or Payment Processor.
14. The Service is provided on an “as is” and “as available” basis. ELK-DESA disclaims all warranties, express or implied, including merchantability, fitness for purpose, and non-infringement.
15. ELK-DESA will not be liable for any direct, indirect, special, or consequential loss, including loss of profits, data, revenue, business, or anticipated savings.
16. ELK-DESA reserves the right to monitor, flag, and report suspicious transactions in compliance with the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).
17. These Terms & Conditions are governed by the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction over all matters arising.
18. References to “ELK-DESA”, “we”, “our”, or “us” mean ELK-DESA CAPITAL SDN BHD (Registration No. 198101010867 / 76994-P).