CHECK DIGIT GENERATOR TOOL TERMS AND CONDITIONS (“Agreement”) By clicking the acceptance button or accessing, using or installing any part of the Check Digit Generator Tool (“Tool”), you expressly agree to be bound by these terms and conditions. If you do not agree to all of the terms of this Agreement, the button indicating non-acceptance must be selected, user may not access, use or install any part of the Tool. MyClear may, in its sole discretion, modify, amend or revise this Agreement. You agree that this Agreement shall also apply to any updates or upgrades of the Tool you acquire. This Agreement, between you and MyClear governs your use of the Check Digit Generator Tool ("Tool"). 1. You acknowledge that: (a) to participate as a Biller you must comply with certain technical standards, including the use of a customer reference number that contains a "check digit". “Check digit” means a numeric value that is part of customer reference numbers and is used for error detection purposes. The check digit is intended to validate the correctness of customer reference numbers to minimise errors when customer reference numbers is entered in payment instruction; (b) the Tool made available under this Agreement may be used to automatically create customer reference numbers that include a check digit for use when acting as a Biller in JomPAY; (c) there are a wide variety of valid check digit generation routines that may be used in JomPAY , and a variety of commercial operators who may make available other applications similar to the Tool, and that may be used instead of the Tool if you choose; (d) you agree that from time to time the Tool may be inaccessible or inoperable for any reason, including, causes beyond control of MyClear or which are not reasonably foreseeable by MyClear; (e) you shall be responsible to install any updates or upgrades for the Tool as may be required from time to time; and (f) you shall be solely responsible for providing, maintaining and ensuring compatibility with the Tool, all hardware, software, electrical and other physical requirements for your use of the Tool, including without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Tool. 2. MyClear grants to you a non-exclusive non-transferable licence to use the Tool in its capacity as a Biller in JomPAY to create customer reference numbers that include a check digit on the terms of this agreement. 3. You acknowledge that all intellectual property rights in the Tool are owned and remain the property of MyClear. 4. This agreement takes effect on the day of acceptance of using the Tool and continues until you cease to be a Biller in JomPAY or MyClear terminates this agreement. 5. You acknowledge that MyClear does not warrant that the Tool is error free, correct, up to date or of suitable quality and accuracy for the purposes required by you. 6. You use the Tool at your own risk. MyClear accepts no liability however it arises (including without limitation for processing unauthorised or erroneous transactions) for any loss, damage or injury in connection with the supply or use of the Tool. 7. The Tool is provided “as is” and MyClear disclaims all warranties, express or implied. Your sole and exclusive remedy for any failure or nonperformance of the Tool shall be for MyClear to use best efforts to adjust or repair it. 8. You agree to indemnify, hold harmless and defend MyClear, its directors, officers, employees from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and legal fees, asserted by any person, arising out of or relating to your use of the Tool, including any data or work transmitted or received by you; and any unacceptable use of the Tool, including without limitation, any statement, data or content made, transmitted or republished by you which is prohibited as unacceptable. Prohibited uses includes create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication, interfere, disrupt or attempt to gain unauthorised access to other customer reference numbers in the Tool or any other computer network. 9. You must maintain adequate security measures for the Tool and any technical and user documentation and agree not to make copies in either digital or hard copy form other than for use by you as a Biller in JomPAY. 10. You must promptly notify MyClear if you becomes aware of any disclosure or distribution of the Tool in violation of the provisions of this agreement by any person, and must give MyClear all necessary assistance in connection with any proceedings instituted relating to that disclosure or distribution. 11. You must keep confidential all information relating to the coding, operation and workings of the Tool and may not disclose this information to any person except: (a) to employees, legal advisers, auditors and other consultants of the party or its related bodies corporate requiring the information for the purposes of this Agreement; or (b) with the consent of MyClear; or (c) if the information is, at the date of this agreement, lawfully in the possession of the recipient and not as a result of a breach of confidence; or (d) if required by law. 12. If you disclose information under clause 11(a) or (b) you must use all reasonable endeavours to ensure that persons who receive confidential information from it do not disclose it except in the circumstances permitted by clause 11. 13. If you have received confidential information from MyClear under this agreement you must, on the request of MyClear, immediately deliver to MyClear all documents or other materials (including software) containing or referring to that information which are in your possession, power or control or in the possession, power or control of persons who have received such information from you under clause 11(a) or (b). 14. The failure of any party to exercise or its delay in exercising any right, power or privilege available to it does not operate as a waiver of that right, power or privilege or preclude any other or further exercise that right, power or privilege or the exercise by that party of any other right, power or privilege in this agreement. 15. No rights or obligations of you may be dealt with in any way by you (whether by assignment, sublicence or otherwise) without MyClear’s prior written consent. MyClear may freely deal with its rights and obligations under this agreement. 16. Clauses 3, 8, 10 until 16 given by you under this agreement survive termination of this agreement.