This is a document between you, the Merchant 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 Merchant Application which may include the Financial Merchant Application Act 2013, Money Merchant Application 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 Merchant Application is a mobile application, which enables you as the Merchant to accept payment(s) made by Subscriber(s) of the Valyou’s Mobile Wallet to effect payment for the purchase of goods and/or services at the Merchant outlet and/or any other transactional feature that may be approved for use by the Merchant corresponding to the business requirement of Valyou its affiliates, commercial partners, agents, assignees, proposed assigns, service providers, vendors or anyone we assign our rights to and/or as required by technological advancement from time to time.
The provision of the Merchant Application (as hereinafter defined) by Valyou, is subject to the Terms and Conditions referred to in the Merchant Application Terms and Conditions (“Terms and Conditions”) herein. You acknowledge that you have read, understood and accepted the Terms and Conditions as stated herein. The use of the Merchant Application constitutes your unconditional acceptance to be bound by these Terms and Conditions as may be amended from time to time.
1. DEFINITIONS AND INTERPRETATION
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 Valyou’s Mobile Wallet Application;|
|“Subscriber Mobile Wallet Account”||means the wallet account held by the Subscriber with Valyou which records, amongst other things the amount of available balance that resides in the account;|
|“Merchant Application”||means a mobile application provided by Valyou which shall include but is not limited to any other application to which Valyou connects with and/or approves for the Merchant to accept payment for goods and/or services and/or any other transactional feature that may be approved for use by the Merchant corresponding to the business requirement of Valyou its affiliates, commercial partners, agents, assignees, proposed assigns, service providers, vendors or anyone we assign our rights to and/or as required by technological advancement from time to time;|
|“Merchant Payment Agreement”||means the Agreement that is accepted by the Merchant whether signed physically or accepted electronically prior to an account number and terminal number being assigned to the Merchant;|
|“Available Balance”||means the amount available funds for residing in the Subscriber’s Mobile Wallet Account which has the same par value in the System, which you can used to perform a transaction to purchase goods and services at any given time subject to the limits imposed in accordance to the type of Wallet;|
|“Merchant Discount Rate”||means the rate charged to a Merchant by Valyou for accepting payment from a Subscriber. The rate would be as stated in your Merchant Payment Agreement. The rate may vary from Merchant to Merchant and is determined based on factors such as volume, average ticket price, risk and industry type.|
|“Transaction”||means all transactions that can be performed by the Subscriber to purchase goods and/or services through the use of the Merchant Application at the Merchant’s outlet;|
|“Personal Data”||shall have the same meaning prescribed in Personal Data Protection Act 2010;|
|“Valyou”, “us”, “we” and “our”||means Valyou Sdn Bhd, its affiliates, commercial partners, agents, assignees, proposed assigns, service providers, vendors or anyone we assign our rights to.|
|“you”, “your”, “yours” or ”Merchant”||means you, the Merchant.|
2. USE OF THE MERCHANT APPLICATION
You will be assigned an account which will include an account number and terminal number after we have vetted and approved your incorporation status and identity in accordance to our compliance requirements and criteria and you have accepted the terms and conditions of the Merchant Payment Agreement. We reserve our right to decline and/or reject your application in the event you do not conform to our compliance criteria and/or fail to sign and/or accept the Merchant Payment Agreement.
The Merchant Application assigned to you can only be used to accept payments from Subscribers’ for the purchase of goods and/or services when Merchant Application is utilized at your outlet.
3. MERCHANT APPLICATION
A subscriber may perform a Transaction at the Merchant outlet by logging in to the Valyou Mobile Application and selecting the payment icon on the respective a mobile application and the Merchant will receive the payment into the Merchant account after the completion of the Transaction. The Subscriber will be able to view what the Available Balance is on the Valyou Mobile Application where the Available Balance and the transaction history. The Merchant will be able to confirm receipt of payment on the Merchant Application which would indicate the amount corresponding with the Transaction and the status of the Transaction through the transaction history feature.
All of the information provided by you during the application for the Merchant Application will be deemed as true, correct and complete, and Valyou shall not be held liable nor responsible for any error or omission made by you, which may result in any loss suffered by you for wrongful crediting of commission to the account indicated by you, transaction cancellation or any other financial discrepancies or losses on your account. In the event, we find that you have created a forged application or used forged data or documents in your application, we shall block, cancel or terminate your application, access to the Merchant Application and/or your account immediately without any prior notice to you, 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.
5. KNOW YOU CUSTOMER VERIFICATION
You will promptly give us all documents, permits, license or approvals that we may reasonably request in order for us to carry out and verify to our satisfaction that you have complied with our internal “Know-Your-Customer” requirements under all applicable laws and regulations.
If there are is introduction or change in any applicable law or regulation which was introduced or made after we have granted you an account and/or any change in your status or where applicable a change in the composition of your shareholders where the necessary information was not already made available to us, in such circumstances we may request to be furnished and you will accede to such request for us to be furnished with the necessary information in order for us to carry out and be satisfied that you are in compliance with our internal “Know-Your-Customer” requirements under all applicable laws and regulations as amended.
Without prejudice to our rights and notwithstanding that you may have complied with all requirements in respect to the Know-Your-Client verification we may suspend, block, revoke and/or or terminate your account and access to the Merchant Application.
7. 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 take effect (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 Merchant Application. 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 Merchant Application and all transaction carried out using the said application. The act of continuing to use the Merchant Application 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 account. In the event, you intend to terminate your account you must contact us, in order that we may terminate the account and refund any monies accrued (if any) to you.
8. MERCHANT RESPONSIBILITY
You shall not:
9. SUSPENSION, VARIATION, MODIFICATION, CHANGE AND SUBSTITUTION OF THE MERCHANT APPLICATION
We reserve the reserve the right to suspend, vary, modify, change or substitute the Merchant Application or any part thereof, any program, feature, function or benefit in connection with the Merchant Application 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 Merchant Application. 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 Merchant Application from time to time. We may use your Personal Information or any other data procured from you in connection with the use of the Merchant Application 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 Merchant Application 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 Merchant Application and/or Mobile Wallet, for the detection and prevention of crime and to ensure the uninterrupted provision of our service to you.
10. PERSONAL INFORMATION
All Personal Information provided to us at the time of applying to use the Merchant Application 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 Merchant Application. By using the Merchant Application, you are deemed to have consented to the use of your Personal Information to facilitate the use of the Merchant Application and any transactions effected or to be effected through the use of the Merchant Application and the disclosure of any information in relation to you, including details related to the use of the Merchant Application 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 Merchant Application 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.
11. 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 merchant-valyou.zendesk.com 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) working days from the date you make the request online. We shall within seven (7) working 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.
12. MERCHANT 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 merchant-valyou.zendesk.com to do the following:-
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. All inquiries as to your transactions or to obtain a transaction summary may be done through this portal. All request for submission via merchant-valyou.zendesk.com shall be verified, validated and processed by us within seven (7) working days from the date you make the request online. We shall within seven (7) working 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.
13. PROPRIETARY RIGHTS
All marks used in respect to the provision of Merchant Application are the trademarks of the Valyou. You acknowledge and agree that the Merchant Application 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 Merchant Application as set out in the Terms and Conditions, and nothing in this Terms and Conditions or the provision of Merchant Application by us or use of the Merchant Application 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.
14. FEES & CHARGES
You agree to pay the prevailing Fee and Charges for the use of the Merchant Application. 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 the use of your bank accounts for the deposit of commission by us.
This Merchant Application 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 Merchant Application including but not limited to:
We will use good industry practice to ensure that the Merchant Application 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 Merchant Application. Any dispute, error and mistake as a result of a 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 account(s) at the date on which your claim arises, whichever is the lesser.
16. VALIDITY AND ACCESS TO INFORMATION
Upon receipt of your written request, we may at our absolute discretion provide you with the details of transactions.
17. REFUND POLICY
If you require a refund for any transaction carried out pursuant to the Merchant Application, 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 accepted a transaction for the purchase of goods and/or services as a Merchant.
We shall not be responsible to settle any dispute in connection with but not limited to fitness for purpose, sale by description or the merchantable quality of goods and/or services purchased by the Subscriber from you through Merchant Application. We shall not liable any disputes that you may have with the Subscriber and you hereby agree to pay us all Fees and Charges for the value of the transaction, notwithstanding any dispute.
In the event, you intend to terminate your account and cease use of the Merchant Application, you must be present at the Valyou’s Headquarters and make the request to terminate personally. We shall process your request to terminate your account and disable all connectivity to the Merchant Application 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.
18. DISPUTED TRANSACTION & RESOLUTION
You are responsible for the goods and/or services sold through the use of the Merchant Application or anytime when you receive funds transmitted into the said account for the said Transaction. We shall not be responsible for the delivery, quality (including any defects or deficiency in any goods and Merchant Application), safety or the fitness for purpose of goods and/or services sold by you to the Subscriber. You shall not withhold or set-off or make any claim against us for any claim you may have with a Subscriber. You shall not initiate any legal proceedings against us for any claim you may have against the Subscriber. You are responsible for ensuring that the Transaction amount is correct.
If you discover any error or discrepancy in your Merchant Application, you must contact us within fourteen (14) working 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) made in through the use of the Merchant Application which consent shall survive the termination of your use of the Merchant Application. 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.
19. 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.
20. FRAUDULENT USE OR LOST / STOLEN EQUIPMENT
You shall be responsible for the safety and security of your mobile device, the terminal used to accept payment. 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 Merchant Application until prior to us receiving notification from you as stated above for disconnection, blocking or termination of your account and use of the Merchant Application. Notwithstanding the aforesaid, the we may reject, decline, suspend or cancel your use of the Merchant Application for accepting payment, if the Merchant Application is suspected to have been fraudulently used or tampered with or we in our absolute discretion believe that the use of the Merchant Application poses a risk to the System.
21. DEFAULT BY THE MERCHANT
We may suspend, block, revoke and/or or terminate the provision of Merchant Application 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:–
In such circumstances, we may suspend, block, revoke and/or or terminate the provision of the Merchant Application to you. We shall not refund any balances existing in 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.
22. BLOCKING, SUSPENSION, CANCELLATION AND/OR TERMINATION OF MERCHANT APPLICATION 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 Merchant Application if we detect any unusual, irregular, suspicious, fraudulent or unauthorized activity on account; or suspect misuse of your Merchant Application; 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 Merchant Application 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 account notwithstanding that we may have waived our rights on some previous occasions. If we cancel or suspend your 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 Merchant Application 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 Merchant Application, 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)
10-1 Wisma UOA Damansara II
50490 Kuala Lumpur
Tel: +60 3-2722 7542 / +60 3-2722 7543
In the event that you intend to inquire into the Merchant Application offered by Valyou you may contact Bank Negara through BNMLINK and BNMTELELINK.
BNMTELELINK can be contacted directly either by telephone, fax, letter or email. The contact details for BNMTELELINK are:
Jabatan Komunikasi Korporat
Bank Negara Malaysia
50929 Kuala Lumpur
Tel: 1-300-88-5465 (LINK)
Fax: 03-2174 1515
E-mail: [email protected]
BNMLINK and BNMTELELINK operating hours are from: Monday – Friday, 9.00 a.m. – 5.00 p.m. Malaysia Time
Financial Ombudsman Scheme. Notwithstanding the terms as contained herein, Valyou is a member of the Financial Ombudsman Scheme approved by Bank Negara Malaysia. The operator approved to operate the scheme is the Ombudsman for Financial Services (OFS), an independent alternative dispute resolution channel covering eligible Malaysia users. OFS services are provided free of charge to eligible complainants who may be dissatisfied with Valyou’s resolution. For more information on the timeframe to file the dispute and the types of Award that may be granted by the Ombudsman, please visit www.ofs.org.my.
25. 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 Merchant Application.
26. 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.
29. 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.
Agreement as at 1.6.2017