OVER THE COUNTER INTERNATIONAL REMITTANCE (OTC IR) TERMS & CONDITIONS
Sending Money Overseas
- 1. The sender shall provide the Company with good funds in Malaysian Ringgit (RM) and should not be carried out for the purpose of Money Laundering, Terrorist Financing and other illegal activities.
- 2. The Company has the right to disclose customer's information to any legal authorities if necessary.
- 3. All transactions sent from PMT are subject to local regulations as well as recipient country's regulations where payment is to be made.
- 4. The Company reserves the right to make use of its correspondents, agents or sub-agent for the fund transfer purposes.
- 5. The Company may send any message relative to this fund transfer in explicit language or code.
- 6. If operational circumstances so require, the Company reserve the right to draw funds in a place other than that specified by the sender.
- 7. If payment is expressed in a currency other than that of the country to which the funds are to be send the fund shall nevertheless be made available to the beneficiary in currency accepted by all parties at the foreign exchange buying rate of the company's correspondent, agent or sub-agent at the time of transfer.
- 8. Funds may also be made available to the beneficiary's by crediting the beneficiary account maintained in any commercial bank in beneficiary's country.
- 9. A full refund shall only be made upon satisfactory proof of non-receipt of funds by beneficiary. The refund will be made on the same day at Company's counter.
- 10. If the fund is not collected by beneficiary within 10 days, the Company will inform the sender for necessary action.
- 11. Sender will receive a computer generated receipt with beneficiary's, details, amount and code number.
VALYOU MOBILE WALLET SUBSCRIBER TERMS & CONDITIONS
This is a document between you, the Subscriber and Valyou Sdn Bhd (formerly known as Prabhu Money Transfer Sdn Bhd (“Valyou”) which contains the Terms and Conditions that governs the use of the Mobile Wallet Services which may include the Financial Services Act 2013, Money Services Business Act 2011, Unclaimed Money Act 1965 (revised 2002) and the provisions of the Anti-Money Laundering and Counter Financing of Terrorism Act 2001 which are all binding on you.
The Mobile Wallet Services is a digital wallet that is pre-funded by you, the Subscriber that stores a value referred to as electronic money, the use of which enables the Subscriber to pay merchants designated by Valyou, for goods and services.
The provision of the Mobile Wallet Services (as hereinafter defined) by Valyou, is subject to the Terms and Conditions referred to in the Valyou Mobile Wallet Subscriber Terms and Condition (“Terms and Conditions”) herein. You acknowledge that you have read, understood and accepted the Terms and Conditions as stated herein. The use of the Mobile Wallet Services constitutes your unconditional acceptance to be bound by these Terms and Conditions as may be amended from time to time.
1 DEFINITIONS AND INTERPRETATION
1.1 For the purpose of this Terms and Conditions, unless the context otherwise requires the following terms shall have the following meanings: -
“Subscriber” means any person who subscribes to the Mobile Wallet Services is deemed to have accepted the Terms and Conditions for the use of the Mobile Wallet Services;
“Subscriber Mobile Wallet Account” means a subscriber wallet account held by the Subscriber with the Valyou which records, amongst other things, the amounts of electronic monies which are available to the Subscriber for use by the Subscriber;
“Mobile Wallet Services” means a stored value service provided by the Valyou which will enable the Subscribers to pay merchants designated from time to time by Valyou for goods services and to undertake other transactions as may be provided through the use of the Mobile Wallet Services;
“Mobile Wallet System” means the system of Mobile Wallet Services now and as may be hereafter operated by us for the purpose of Mobile Wallet Service;
“Services” shall mean the Mobile Wallet Services and the use of the Subscriber Mobile Wallet Account.
“Cash-In” means the deposit of money in the Subscriber’s Mobile Wallet Account;
“Cash-Out” means the withdrawal of money from the Subscriber’s Mobile Wallet Account;
“Agreement” means the Valyou Mobile Subscriber Terms and Conditions;
“Available Balance” means the equivalent of physical money in the Subscriber’s Mobile Wallet Account which has the same par value in the System, which you can used at any given time subject to the limits herein imposed;
"Fees and Charges” means the amount payable by the Subscriber for the use of the Mobile Wallet Services (over and above the cost of the goods and services provided, if any).;
“Transaction” means the Mobile Wallet all transactions more particularly referred to in Clause 3 that can be performed by the Subscriber in reference to the use of the Subscriber Mobile Wallet Account;
“Wallet Limit” means the maximum amount of money that can be stored in the different types of wallet as approved by Bank Negara Malaysia.
“Reload Agent Location” means the identified service outlet and/or website of the Reload Agent from which the Mobile Wallet Services are offered to Subscribers.
“Personal Data” shall have the same meaning prescribed in Personal Data Protection Act 2010; “PIN” means your six (6) digit mobile personal identification number used to log into to the Mobile Wallet Account
“Valyou”, “us”, “we” and “our” means Valyou Sdn Bhd or anyone we assign our rights to.
“you”, “your”, “yours” or ”Subscriber” means you, the Subscriber.
2. ELIGIBILITY AND SUBSCRIBER REPRESENTATION
By applying for and subscribing to the Services you warrant and represent that you are 18 years of age or above, you are a Malaysian citizen or permanent resident of Malaysia or a foreigner possessing a valid passport or identification documentation the sufficiency of which are in accordance to the law and/or subject to our approval; all personal information provided by you is true, correct and complete; you acknowledge and agree that in order for us to provide you with the Mobile Wallet Services, to manage your Subscriber Mobile Wallet Account, to facilitate the use of your Subscriber Mobile Wallet Account and the processing of any transaction effected or to be effected through the use of your Subscriber Mobile Wallet Account; you represent and now give your consent for the use of your personal information within and beyond Malaysia as stated in the Personal Data Protection Notice for the creation of a Subscriber profile and any process of updating your personal information between us, our associates, related corporations and affiliates, our licensees, assignees, proposed assignees, agents, vendors, service providers, merchants, strategic partners, commercial partners, third party contractors, any regulatory authorities (including Bank Negara Malaysia and such other authorities or bodies having jurisdiction over us) and any other parties engaged by us to enable or assist us in the provision of Services to you or to exercise or enforce our rights hereunder and/or any other party whomsoever as we may, to the extent at our sole and absolute discretion deem fit and necessary; and that you have read, understood and accepted all the Terms and Conditions as contained in this Agreement and unequivocally agree to be bound by the Terms and Conditions as stated herein.
3. USE OF THE MOBILE WALLET SERVICES
The Mobile Wallet Services shall include the ability to perform the following transactions: -:
i. Retail payment; Online payment;
ii. Cash-In money, is the process the reload of funds into your Wallet subject to the Wallet Limit;
iii. Cash-Out money, is a transaction facility only available for the Premium Wallet, which enables the withdrawal of money from your Premium Wallet subject to the Fees and Charges;
iv. payment of bills to participating merchants using your Account; and
v. The ability to transfer money from one (1) account to another which is only available for the Enhanced and Premium Wallet; and / or
vi. The ability to perform domestic and international remittance through our money remittance feature available only for the Premium Wallet from your Subscriber Mobile Wallet Account to a beneficiary account designated by you in other countries. or any other new service as may be introduced by us from time to time.
Once your Subscriber Mobile Wallet has been approved, you may proceed to use the Services to purchase any goods and services at any merchant designated by Valyou. Each time you use the Mobile Wallet Services you authorize the deduction of funds from your Subscriber Mobile Wallet Account. The use of your Subscriber Mobile Wallet is subject to the Wallet Limit of the account that you have subscribed for. You must not perform a Cash-In or reload exceeding the Wallet Limit prescribed by us for you. If we detect that you have attempted to Cash-In or reload amounts exceeding your Wallet Limit we may block, suspend, cancel or terminate your Subscriber Mobile Wallet Account. You are under an obligation to check and verify that you have sufficient balance or funds before using or proceeding to make a transaction though your Subscriber Mobile Wallet Services. You must always ensure that there are sufficient funds in your Subscriber Mobile Wallet Account to pay for each transaction and to cover the total amount transacted through the use of your Subscriber Mobile Wallet Account, including purchases, fees and other applicable charges. If the total amount in your Subscriber Mobile Wallet Account, is insufficient, your transaction will be declined. If you have not paid any of the Fees and Charges (as may be applicable), your Subscriber Mobile Wallet Account cannot be used and we will be entitled to block, suspend and/or to terminate your Card account.
Without prejudice to the above, we shall not be responsible for the refusal of any merchant to honour or accept your purchases or payments made through the use of the Subscriber Mobile Wallet Services. You acknowledge and agree that you are only permitted to use the Mobile Wallet Mobile Wallet Services in accordance to the Terms and Conditions as set out herein which may be amended, varied or modified from time to time. You are advised to review the Terms and Conditions governing the use of your Mobile Wallet Services. on our website, periodically for the latest update on the Terms and Conditions.
4. ALERTS OR MESSGAGES ON YOUR MOBILE PHONE
You will receive alerts or Short Messaging Services (“SMS”) when you subscribe to the Services. The alerts shall include but is not limited to notification that your Personal Information is being validated or processed, notification of successful account creation, transaction alerts and suspicious or irregular transaction alerts. The alerts or SMS that you receive is subject to the agreement that you have with your mobile service provider. You are to ensure that your Subscriber Mobile Wallet Account is not blocked or terminated and your mobile phone and number is able to receive text messaging both in Malaysia and overseas.
The security and safe keeping of your mobile device shall at all times be your responsibility. We shall not be liable for any alerts or SMS that is viewed or accessed by any third party and we further disclaim any and/or all liability for any or all losses, damage, expenses, fees, costs (including legal costs on a full indemnity basis) that may arise, directly or indirectly, in whole or in part, including but not limited to instances arising from: -
i) any non-delivery, the delayed delivery, or the misdirected delivery of an alert; ii) any non-receipt of an alert;
iii) inaccurate or incomplete content in any alert;
iv) reliance on or use of the information provided in an alert for any purpose; or
iv) Unlawful or unauthorized access of your mobile device/phone by any third party, that acquires any information in connection to you Subscriber Mobile Wallet Account that may be contained in the said alerts.
5. WALLET TYPE, LIMIT AND FUNCTIONALITY
The Basic Wallet is a wallet that allows the Subscriber to make purchases for small ticket items. The objective of this wallet is to allow a subscriber to experience a cashless environment. The maximum size of the wallet is Ringgit Malaysia Five Hundred (RM500). This Basic Wallet has a Cash-In feature, which allows the subscriber to reload or make a top-up of maximum value of Ringgit Malaysia Five Hundred (RM500). There is no Cash-Out feature or functionality for the Basic Wallet. To register as a subscriber for this Basic Wallet, a potential subscriber only needs to produce basic identification documents (“ID documents”), sufficiency of such document for any approval for the Basic Wallet shall be determined by us. All potential subscribers for this Basic Wallet shall be screened by us. The approval of any application to subscribe for this Basic Wallet shall be at our sole and absolute discretion.
The Enhanced Wallet is a wallet that has more transactional features. The maximum wallet size for the Enhanced Wallet is Ringgit Malaysia Two Thousand Five Hundred (RM2,500). The Enhanced Wallet has the following features: -
1. The Cash-In feature that facilitates the reload or top-up into the account;
2. Perosn-to-Person transfer which allows the subscriber to transfer a maximum sum of Ringgit Malaysia Fifty (RM50) per day to another Subscriber’s having an Enhanced Wallet; There is no Cash-Out feature or functionality for the Enhanced Wallet. All Subscriber’s must furnish their ID documentation that would be scanned and uploaded via the mobile application for verification process. The approval of any application to subscribe for this Enhanced Wallet shall be at our sole and absolute discretion.
The Premium Wallet is a fully functional wallet that can be used like a virtual account. The maximum wallet limit for the Premium Wallet is Ringgit Malaysia Five Thousand (RM5,000). A Subscriber to the Premium Wallet can perform the following transactions: -
1. Perform Cash-In to reload the account;
2. Person-to-Person transfer which allows the subscriber to transfer a maximum sum of Ringgit Malaysia One Thousand (RM1,000) per day to another Subscriber’s having a Premium Wallet;
3. Cash-Out to a maximum of Ringgit Malaysia Five Hundred (RM500) for over the counter transaction or Ringgit Malaysia One Thousand (RM1,000) for transfers to a bank account;
4. A Subscriber for the Premium Wallet can perform daily international remittance of up to Ringgit Malaysia Three Thousand (RM3,000) per account holder, per day. The maximum amount that can be remitted internationally by a Subscriber per month is the sum the sum of Ringgit Malaysia (RM5,000).
To subscribe for the Premium Wallet all Subscriber’s must submit ID documentation and will be subjected to a Subscriber verification process to ensure compliance with all relevant legislation and regulations. We reserve all rights to refuse, reject and/or decline any application by a Subscriber at our sole and absolute discretion if we detect that you have had a bad account in the past in relation to any of our other services provided to you due to any to unusual, irregular, suspicious, fraudulent and/or unauthorized activities or suspected misuse, or you and/or your account has been blocked, cancelled or terminated by us in relation to the same. Upon due verification carried out at our end, we may refuse, decline and reject any application by any Subscriber who has been blacklisted by us, Bank Negara Malaysia or any other regulatory authority. Whilst the application is open to all, we reserve the right to reject any application and/or to decline to approve any application for the Subscriber Mobile Wallet Account at our sole and absolute discretion without assigning any reasons whatsoever, and our decision shall be final and conclusive.
6. VARIATION & NOTIFICATION.
We may at any time vary, revise, change, amend, withdraw, substitute or remove any of the Terms and Conditions as contained and stipulated in this Agreement. Any such amendment shall be effective twenty-one (21) days after the revised terms have been posted on to our Website. The revised or new terms will apply to the use of the Services twenty-one (21) days from the date of such posting on to our website, and shall bind and include, without limitation, to all future transactions made using the Services. In addition to the notice on our website we may also issue a notice via email, electronic correspondence or any other modes of communication to notify you of any variation, revision, amendment, withdrawal, substitution, removal or change. Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order to maintain or restore the security of the Services. The act of continuing to use the Services after the effective date and/or notification of any such variation, amendment, revision, substitution or change of Terms and Conditions shall be deemed to constitute your acceptance of such variation, revision or change with no expression of any reservation by you.
If you do not accept the proposed variation, amendment, revision, substitution or change, you are entitled to terminate the use of your Subscriber Mobile Wallet Account. In the event, you intend to terminate your Subscriber Mobile Wallet Account you must contact us, in order that we may terminate the Subscriber Mobile Wallet Account and refund any available balance to you.
7. SUBSCRIBER’S RESPONSIBILITY
(a) Provide us with accurate and complete information and inform us immediately of any changes in any particulars of your Personal Information. We shall not be responsible whatsoever for any inaccuracy of your Personal Information furnished to us by you. You must contact us or if required to do so, present yourself at the Reload Agent Location or any Valyou branches to inform and/or update us as soon as possible of any changes in your Personal Information;
(b) be responsible for the security of your PIN and keep it confidential at all times. You shall take all steps to prevent the disclosure of your PIN;
(c) ensure that you use the Services for your own personal use only;
(d) ensure the compatibility of your mobile device with our Mobile Wallet System. In the event that changes and upgrades are introduced to the Mobile Wallet System, you shall be responsible to ensure that your mobile device is compatible our Mobile Wallet System and you shall have no claim whatsoever against us for any disruption of service as a result of any incompatibility, incapability to upgrade or any interruption in respect to the continued use of the Services as a result of any system upgrade;
(e) comply with all notices or instructions given by us from time to time in relation to connection the use of the Services;
(f) be responsible for all equipment and software necessary to use the Services and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Services;
(g) be responsible for all usage of and charges for the Services including but not limited to payment of all the Service charges and any other related charges due to us pursuant to these Terms and Conditions in a timely manner;
(h) be fully responsible for any data transmitted or broadcasted by you;
(i) comply with all applicable laws of Malaysia relating to the Services, including without limitation to its subsidiary legislation, other acts, statutes, by-laws, rules and regulations issued by relevant government and regulatory agencies which may be amended from time to time;
(j) take all reasonable steps to prevent fraudulent, improper or illegal use of the Services;
(k) cease to utilize the Services or any part thereof for such period as may be required by the us or as notified to you;
(l) report to us immediately upon the discovery of any fraud, theft, loss, unauthorized usage or any other occurrence of unlawful acts in relation to the mobile device and its use. You agree to lodge a police report whenever instructed by us and furnish at our request a certified copy of such report. In the event, you fail, neglect and/or omit to notify us of any fraud, theft, loss, unauthorized usage or any other occurrence of unlawful acts in relation to your mobile device you agree to liable for the value of any transaction carried out and agree to pay us all Fees and Charges related to the transactions carried out;
(m) indemnify and shall keep us indemnified at all times against any loss, damage, liability or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the content transmitted, received or stored by us and for all other claims arising out of any act or omission as a result of any unauthorized use or exploitation of the Services or any part thereof;
(n) agree, consent, permit and have no objection to the use of your Personal Information or any other data required to be used as evidence in court and/or when necessary in the event of a suspected and or proven misuse of the Services; (o) keep your PIN and password confidential at all times and not release the same to any person;
(p) be solely responsible and liable for any use and misuse of your Account, your PIN, your password and for all activities that occur under your Mobile Wallet Account;
(q) immediately notify us of any unauthorized usage of the PIN or password, or if you know or suspect that the PIN or password has been lost or stolen, has become known to any other person, or has been otherwise compromised;
(r) comply with the provisions of these Terms and Conditions;
(s) take all reasonable steps to prevent fraudulent, improper or illegal use of the Services or any part thereof;
(t) cease to utilize the Services and/or or any part thereof for such period as notified by us ;
(u) ensure that any instructions given to us is clear, comprehensible accurate and complete; and
(v) be responsible for all or any losses and claims (including the amount of any transaction) if you have acted in gross negligence so as to facilitate any transaction, or you have acted fraudulently. For the purposes of this clause, gross negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions.
You shall not:
(a) use the Services in contravention or in violation of the Terms and Conditions in this Agreement or any prevailing law or cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person;
(b) perform a Cash-In or reload in excess of the maximum Wallet Limit that has been subscribed by you;
(c) use the Services for any unlawful purposes including but not limited to vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person any message which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character;
(d) use the Services for any purpose which is against public interest, public order or national harmony;
(e) use, permit or cause to be used the Services improperly or for any activities which breach any laws, regulations, infringe a third party’s rights, or breach any directives, content requirements or codes promulgated by any relevant authority including activities which will require us to take remedial action under any applicable industry code or in a way interferes with other users or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying the Service or the internet; or
(f) use the Services to transmit or post any content that contains any harmful, damaging or destructive programs;
(g) use the Services to receive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
(h) circumvent user authentication or security of any host, network or account (referred to as "cracking" or "hacking") nor interfere with service to any user, host or network (referred to as "denial of service attacks") nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Valyou’s legitimate web pages (referred to as "page-jacking"), or use the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability, and we will at our absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
(i) use the Services to advertise or offer to sell any goods or services for any commercial purpose;
(j) hack into, make excessive traffic demands, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Services or any other web site, or which is otherwise likely to damage or destroy our reputation or the reputation of any third party;
(k) use, display or mirror our name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
(l) attempt to probe, scan, or test the vulnerability of any the Mobile Wallet System or network or breach any security or authentication measures;
(m) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of the service providers or any other third party (including another user) appointed by us to protect our ability to provide the Services or Mobile Wallet System;
(n) attempt to download the application for the use of the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other approved third party web browsers;
(o) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(s) collect or store any personally identifiable information not belonging to you as a Subscriber from other users of the Services without their express permission;
(t) impersonate or misrepresent your affiliation with any person or entity; or
(u) directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Products or any digital rights management mechanism, device, or other content protection or access control measure associated with the Services including geo-filtering mechanisms.
8. THE SERVICES
We reserve the reserve the right to suspend, vary, modify, change or substitute the Services or any part thereof, any program, feature, function or benefit in connection with the Services at any time with or without prior notice at our sole discretion. We may from time to time issue additional Terms and Conditions for the use of the Services. The terms and conditions shall apply to you in addition and not in substitution to the Terms and Condition stated herein. Unless otherwise notified by you, you agree that we may send you notifications relating to any promotional and marketing activities related to the Services from time to time. We may use your Personal Information or any other data procured from you in connection with the use of the Services or any other use required pursuant to any order of the Court or as requested by any regulatory authority. We may run campaigns/contest or promotions in relation to the Services as may be notified to you from time to time. Participation of which shall be subject to terms and conditions as we may specify. We can monitor or record of your calls, emails, text messages or other communications in accordance with the law, for quality improvement and training purposes, and/or to prevent unauthorized use of the Mobile Wallet Systems, for the detection and prevention of crime and to ensure the uninterrupted provision of our service to you.
9. PERSONAL INFORMATION
All Personal Information provided to us at the time of applying to use the Services will be deemed to be correct, complete and true. We shall not be responsible for any errors or omissions by you for incorrect furnishing incorrect Personal Information that may result in any losses or financial discrepancies suffered by you in the use of the Services. By using the Services, you are deemed to have consented to the use of your Personal Information to facilitate the use of the Services and any transactions effected or to be effected through the use of the Services and the disclosure of any information in relation to you, including details related to the use of the Services and/or to any of our associates, related corporations and affiliates, our licensee, our assignees, proposed assignees, agents, vendors, service providers, merchants, strategic partners, commercial partners, third party contractors and any other party engaged by us to enable or assist us in the provision of the Services or to exercise or enforce our rights hereunder and/or any other party whomsoever as we may, to the extent at our sole and absolute discretion, deem fit and necessary, within and beyond Malaysia, as stipulated in our Personal Data Protection Notice.
10. INFORMATION MANAGEMENT
You may amend or edit your Personal Information or personal details by clicking on the “My Info” button located within the mobile application. You cannot amend or edit your mobile number and/or your name through this process. Any amendment to your mobile number or name must be made through an online request via customer-valyou.com.my by selecting the “General Inquiries/Complaint Ticket” to make such a request. All request for the change of name or mobile number shall be verified, validated and processed by us within seven (7) days from the date you make the request online. We shall within seven (7) days from the date you make the request online notify you of the status of the request via email or SMS. We at our absolute discretion, reserve the right to reject or decline your request.
11. SUBSCRIBER PORTAL
The Subscriber Portal is an online portal management which enable you to make to communicate with us. You may make a request to by accessing this portal through customer-valyou.zendesk.com to do the following:-
i) Real-time online chat with a Valyou Customer Service;
ii) General inquiries/Complaints;
iii) eWallet PIN Reset;
iv) Wallet activation/ deactivation;
v) Cancellation of transaction;
vi) Amendment of transaction.
Each request shall be first verified, validated and processed by us. We reserve the right to contact you via email, SMS or calls to you to conduct further verification. Any request for cancellation of transaction or amendment of transaction will de declined or rejected if the request is made after the money has been remitted to any of our remittance partners. All inquiries as to your transactions or to obtain a transaction summary may be done through this portal.
12. PROPRIETARY RIGHTS
All marks used in respect to the provision of Services are the trademarks of the Valyou. You acknowledge and agree that the Services and/ or any part thereof, whether presented to you by us, other advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved. You are only allowed to use the Services as set out in the Terms and Conditions, and nothing in this Terms and Conditions or the provision of Services by us or use of the Services by you shall be construed as conferring any license or other transfer of rights to you in respect to any intellectual property of any proprietary rights of Valyou.
13. FEES & CHARGES
You agree to pay the prevailing Fee and Charges for the use of the Services. All applicable Fees and Charges shall be based on the prevailing rates notified to you from time to time on our website. You shall be responsible for all related charges imposed by the Banks for using their Cash-In / Cash-Out Channels to perform Cash-In service and Cash-Out service transactions. You shall be responsible for any other charges imposed for Cash-In / Cash-Out transactions via Reload Agent Locations, and for any other charges that we may impose from time to time. You will need to provide all necessary to access the Subscriber Mobile Wallet Account on the Internet, and be liable for payment for your local telephone call and data charges at the rates published by the telephone operator to whom you are under an obligation to pay when you make your local calls, or any other internet access charges to which you may be subjected to. If your equipment does not support relevant technology including but not limited to encryption, you may not be able to use certain Mobile Wallet Services.
This Services is provided on an “as is” and “as available” basis. We disclaim all liability and make no express or implied representation or warranties of any kind in relation to the Services including but not limited to:
a) availability, accessibility, timeliness and uninterrupted use of the Services; and
b) sequence, accuracy, completeness, timeliness or the security of any data, information provided to you as part of the Services.
We will use reasonable endeavours to ensure that the Services is secure and cannot be accessed by any unauthorized third parties. We, shall not be liable or responsible to you and / or to any other third party(s) for any costs, loss or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the Services. We are not responsible for any transactions made through the use of the Services. Any dispute, error and mistake in transactions must be resolved between you and the transacting party. Notwithstanding anything to the contrary contained herein, the maximum liability of against us shall not exceed in aggregate the sum of Malaysian Ringgit Five Thousand (RM5,000) or an amount equivalent to the aggregate sum of balance and deposit (if any) in your Accounts at the date on which your claim arises, whichever is the lesser.
15. VALIDITY AND ACCESS TO INFORMATION
Upon receipt of your written request, we may at our absolute discretion provide you with the details of transactions.
16. REFUND POLICY
If you require a refund for any transaction carried out pursuant to the Services, you may contact the us or make the request for a refund by making the said request personally at any of our branches.
Notwithstanding the above, you are only entitled to a refund if you have transacted for following Service:
i. Cash-In service;
ii. purchase of service/ product via your Subscriber Mobile Wallet Account.
We shall not be responsible to settle any dispute that you may have with merchant for the purchased of goods and services using the Services. You shall be responsible to contact the respective merchants for a refund for products purchased from the merchants. We shall not liable any disputes that you may have with the Merchant and you hereby agree to pay us all Fees and Charges and the merchant for the value of the transaction, notwithstanding any dispute.
In the event, you intend to terminate your Subscriber Mobile Wallet Account, you must be present at any of our branches and make the request to terminate personally. We shall process your request to terminate your Account subject to our approval upon verification that, the request for termination is in respect of an account held by you. Once the verification is complete, we shall proceed to refund any available balance to you. If the refund is in cash, the amount shall be disbursed immediately, in the case of a refund to a bank account of your choice, the amount shall be credited into the bank account within seven (7) working days.
When you perform a reload by way of an online wire-transfer through our payment gateway provider JomPAY (or any other payment gateway provider that we may appoint from time to time) you should not reload your wallet in excess of your Wallet Limit. If you perform an online-wire transfer through JomPAY, exceeding your Wallet Limit, this will result in an unsuccessful Cash-In transaction. Your Wallet will not reflect the amount that you attempted to reload even though your account has been debited by the payment gateway provider. In such an instance, you are required to submit an online request for a refund via customer-valyou.com.my found under the heading ‘General Inquiries/Complaint Ticket” that can be found on our website. Your request shall be validated and processed by us. Our validating process shall include but is not limited to us verifying the transaction and/or contacting you for further verification via email, SMS or by calling you on your mobile phone. You must raise a request for a refund if you have made a reload in excess of your Wallet Limit within, thirty (30) days from the date of the actual transaction. We reserve our rights to reject any request for a refund made beyond the period of thirty (30) days of the actual transaction. We shall not be liable for any losses or any financial discrepancies as a result of you reloading your Wallet in excess of your Wallet Limit. If we detect that you have attempted to reload your wallet in excess of your Wallet Limit we shall block, cancel or terminate your Subscriber Mobile Wallet Account immediately without any prior notice to you, and we shall be entitled to retain any balances of funds in your Card account and we shall not be held liable for any loss or damage suffered by you for the same. We shall further be entitled to take any action against you as may be deemed necessary or as may be required under governing laws or by the relevant governing authorities, including reporting you to the relevant governing authorities.
17. DISPUTED TRANSACTION & RESOLUTION
You are responsible for all goods and services purchased when you make any payment though your Subscriber Mobile Wallet Account or anytime when you authorize amounts to be deducted from the said account. We shall not be responsible for the delivery, quality (including any defects or deficiency in any goods and services), safety or the fitness for purpose of goods and services purchased by you from any Merchant. You shall not withhold or set-off or make any claim against us for any claim you may have with a merchant. You shall not initiate any legal proceedings against us for any claim you may have against the merchant. You are responsible for ensuring that the transaction amount is correct.
If you discover any error or discrepancy in your Subscriber Mobile Wallet Account, you must contact us within fourteen (14) days from the date of the disputed transaction, failing which, you shall be deemed to have accepted the accuracy of your transaction. If it is revealed in the course of our investigation that the disputed Transaction was indeed made in error, we will refund the disputed sum in the manner as stated in in our Refund Policy.
You hereby agree and consent to the use any information relating to you, the particulars of the transaction(s) or any designated account relating to the transaction(s) for the purpose of investigating any claim or dispute arising out of or in connection with the transaction(s) under the Service which consent shall survive the termination of the Service. You hereby agree that in the event of a dispute or claim of any nature arising in respect of any transaction, the records of the transaction(s) generated by us shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim. We reserve the right to block, suspend, or decline any transaction at our sole and absolute discretion.
18. GOVERNING LAWS
These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia, and you hereby submit to the jurisdiction of the Malaysian courts.
19. FRAUDULENT USE OR LOST / STOLEN EQUIPMENT
You shall be responsible for the safety and security of your mobile device. You shall take all necessary precaution to ensure that your mobile device is not tampered with. You must immediately notify us and report to the police any loss, fraud, suspected fraud, dishonest use or theft of your mobile device or illegal use of your Account. If you fail to report any loss, fraud, suspected fraud, dishonest use or theft of your mobile device or illegal use of your Account you will be liable for all Fees and Charges incurred and the value of all transactions carried out through your mobile device incurred in relation to the lost / stolen mobile device or fraudulent use of the Mobile Wallet Services until prior to us receiving notification from you as stated above for disconnection, blocking or termination of the Subscriber Mobile Wallet Account. Notwithstanding the aforesaid, the we may reject, decline, suspend or cancel the use of the Service for effecting payment, if the Services is suspected to have been fraudulently issued, stolen or tampered with or we in our absolute discretion believe that the use of the Services poses a risk to the System.
20. DEFAULT BY THE SUBSCRIBER
We may suspend, block, revoke and/or or terminate the provision of Services offered to you with or without prior notice notwithstanding that we may have waived our rights on some previous occasion upon the occurrences of any or more of the following events, including but not limited to:–
i) if payment of any sum of money is due from you to us at any time under the Subscriber Mobile Wallet Account;
ii) if you use any of the Services for any unlawful activities or if you commit or threaten to commit a default or breach of any Terms or Conditions set out in this Agreement; or
iii) if you have furnished false information, data or documents to us; or if in our absolute opinion, your Subscriber Mobile Wallet Account has been operated unsatisfactorily or used for fraudulent purposes; or if we have noticed irregular, suspicious or unauthorized activity in the use of the Subscriber Mobile Wallet Account; or
iv) if you use your Subscriber Mobile Wallet Account for purposes which we deem not acceptable.
In such circumstances, we may suspend, block, revoke and/or or terminate the provision of the Services to you. We shall not refund any balances existing in your Subscriber Mobile Wallet Account and we shall be entitled to retain the same.
If we obtain judgment from any court for any sum owing under this Agreement, any charges payable shall continue to be payable from the date of judgment until the date of full payment of such sum of money so adjudged to be payable to us.
21. BLOCKING, SUSPENSION, CANCELLATION AND/OR TERMINATION OF SERVICES DUE TO SUSPICIOUS, FRAUDULENT, IRREGULAR OR UNAUTHORIZED ACTIVTY
In addition to the Default by the Subscriber above, we may at our sole and absolute discretion, limit, block, suspend or terminate your use of the Services if we detect any unusual, irregular, suspicious, fraudulent or unauthorized activity on Subscriber Mobile Wallet Account; or suspect misuse of your Subscriber Mobile Wallet Account; or there is a contravention; non-adherence or breach by you of any of the provisions of this Agreement. We shall have the right to withdraw at our absolute discretion, all or any of the Services provided by us, at any time with or without notice and without assigning any reasons for it, and in such circumstances, we reserve the right to suspend or terminate if we so deem fit the use of your Subscriber Mobile Wallet Account notwithstanding that we may have waived our rights on some previous occasions. If we cancel or suspend your Subscriber Mobile Wallet Account through no fault of yours, you will be entitled to a refund of any remaining balance on the Card as provided in this Agreement.
You hereby agree to fully indemnify and to hold US harmless against any or all claims brought by any party resulting from the use of the Mobile Wallet Services by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered, or incurred directly or indirectly by us in consequence of such use of the Mobile Wallet Services, or your breach or non-observance of any of the Terms and Conditions. You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against us arising from the above claims, and shall provide us with notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at your sole expense.
For further information and further inquiries in respect to the Service, you may email us at https://customer-valyou.zendesk.com/hc/en-us or write to us ate the address as stated below:-
Valyou Sdn Bhd
(formerly known as Prabhu Money Transfer Sdn Bhd)
No 14 and 16A
Jalan Hang Kasturi
50050 Kuala Lumpur
Tel: +603 2026 8786
Fax: +603 2026 9786
24. FORCE MAJEURE
Without limiting the generality of any provision in these Terms and Conditions, we shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies upon whom we have no control over or any cause outside our reasonable control. Notwithstanding the above, you shall remain liable to pay all Fees and Charges which are outstanding and/or due and payable to us. The Service may occasionally be affected by interference caused by objects beyond our control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion within our system. In the event of such interference, we shall not be responsible for any inability to use or access the Service, as result of the interruption or disruption of the Services.
25. SEVERABILITY AND EFFECT OF THESE TERMS AND CONDITIONS
If any of the provision herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
Any failure on our part failure to exercise any particular right or provision of these Terms and Conditions, shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.
You shall not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under the Terms and Conditions or part thereof without our prior written consent. We may assign the Terms and Conditions in whole or in part to any third party at its discretion.
28. TERMS AND CONDITIONS APPLICABLE TO THE USE OF OUR WEBSITE
In addition to the foregoing terms and conditions, when you use our Website, the Terms and Conditions governing the use of the Website (if any) and Personal Data Protection Notice shall apply in addition to and not in substitution for any terms and conditions contained in this Agreement.
In the event of any inconsistencies between this Agreement and its translation in any other language, the English language version of this Agreement shall supersede and prevail over any other language.