Privacy & Legal

Privacy Policy

The Personal Data Protection Act 2010 (the “Act”), which regulates the processing of personal data in commercial transactions, applies to all companies under and/or related to Flashcash Sdn Bhd (“FlashCash”) (collectively, “our”, “us” or “we”). For the purpose of this notice (“Notice”), the terms “personal data” and “processing” shall have the same meaning as prescribed in the Act.

This Notice is meant to be read together with the Terms of Use: www.flashcash.my/terms, of which cross-refers to this Privacy Police Notice.

  1. This Notice serves to inform you that your personal data is being processed by us or on our behalf and by using or accessing the Website and/or the App and/or the Services (and/or other related applications) you hereby give your consent to the processing of your personal data.
  2. Your personal data may include your full name, gender, date of birth, email address, home or office mailing address, telephone number, NRIC no., passport number, bank account no. and credit or debit card nos., location, industries and/or specialisations within services offered by the Merchants and all other personal data we may again collect from you on any subsequent occasion.
  3. FlashCash uses market leading software and hardware to keep a protected copy of your bank account no. and credit or debit card numbers. This billing data belongs to you and by utilising the Website and/or the App and/or the Services, you grant FlashCash a license to use this data to charge you its fees as set out in the Terms, for services rendered.
  4. Your personal data is being or is to be collected and further processed for:
    1. communicating with you;
    2. performing the terms and conditions, including but not limited to the Terms, Services and/or usage of the Website and/or the App, as set out in the Terms & Conditions of Use: www.flashcash.my/terms;
    3. providing the Services to you;
    4. responding to your inquiries and/or complaints;
    5. processing payments and the relevant documents such as purchase orders, invoices and receipts; market surveys and trend analysis;
    6. providing you with information on our Services and our related corporations and business partners unless you have otherwise indicated that you do not wish for us to process your personal data for such purpose;
    7. legitimate business activities;
    8. complying with any legal requirements;
    9. data mining, promotions, email updates and invitations; and
    10. such other purposes directly related to the foregoing.
    11. (collectively, the “ Purposes ”).

  5. Your personal data, and all other information that you may provide us from time to time, is being or is to be collected from: the Website(s) and/or the App, website(s) of our Merchant(s); and from any third-party payment gateway(s) for, amongst others, the Purposes.
  6. In operating this Website, we may use a technology called “cookies”. A cookie is a piece of information that the computer that hosts our Website gives to your computer when you access a website. Our cookies help provide additional functionality to the Website and help us analyse Website usage more accurately.
  7. You have the right to request access to and to request correction of your personal data and to contact us with any inquiries or complaints in respect of your personal data (including the possible choices and means for limiting the processing of your personal data or to cease or not begin processing your personal data for purposes of direct marketing). If you have any questions or comments about this Privacy Policy or our use of your personally identifiable information, please contact us at support@FlashCash.my. FlashCash will endeavor to get back to you within five (5) working days.
  8. Subject to provisions of the Act:
    1. you may, upon payment of a prescribed fee, make a data access request in writing to us; and
    2. we may refuse to comply with a data access request or a data correction request and shall, by notice in writing, inform you of our refusal and the reasons of our refusal.
  9. We disclose or may disclose your personal data to all companies related to FlashCash as stated above, the Merchants, any third-party payment gateway(s), our related corporations, business partners, service providers, banking and financial institutions, governmental departments and/or agencies, regulatory and/or statutory bodies and any such third party requested or authorised by you for the Purposes.
  10. We won't share your personal information with anyone except for the situations listed below or unless we specifically inform you and give you an opportunity to opt out of our sharing your personal information.
  11. We may share your personal information with:
    1. Authorised Merchants. Our authorised Merchants are companies that perform certain services or sell goods for or to you based on a completed transaction in you using our Services. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analyses, supporting the Website and/or the App functionality, and supporting contests, surveys and other features we offer. These service providers may have access to your personal information to the extent necessary to perform their functions, but we do not allow them to share or use any of your personal information for any other purpose.
    2. Affiliates. We may share information we collect, including personal information, with FlashCash-owned or affiliated businesses. Sharing information with our affiliates enables us to provide you with information about a variety of products and services that might interest you. All FlashCash companies comply with applicable privacy and security laws and, at a minimum, in any commercial email they send to you, will give you the opportunity to choose not to receive such email messages in the future.
    3. Business partners. We may share your clients or your personal information with the Merchants offering the products, services, promotions and contests. We won't share your personal information with these businesses unless you choose to participate in their offer or programme. When you choose to engage in a particular offer or programme, you authorise us to share your email address and other information with the relevant merchant.
    4. Other Situations. We also may disclose your information:
      1. In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by Malaysian law. In such cases, we may raise or waive any legal objection or right available to us.
      2. When we believe, disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce the Terms or other agreements or policies.
      3. In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of insolvency.
  12. We may require your assistance if the personal data relating to other third parties is required to process your personal data for the Purposes and you hereby agree to use your best endeavors to assist us when required. It is obligatory that you supply us your email address, phone number, first name, last name and identification details (such as NRIC or passport) (collectively, "compulsory personal data"). If you fail to supply us with the compulsory personal data, we may refuse to process your personal data for any of the Purposes.
  13. We may transfer your personal data to a place outside Malaysia and you hereby give your consent to the transfer.
  14. You are responsible for ensuring that the information you provide us is accurate, complete, not misleading and kept up to date.
  15. If, at any time after registering, you change your mind about receiving information from us or about the use of information volunteered by you, please send us a request specifying your new choice. Please contact us as specified above.
  16. Although most changes are likely to be minor, FlashCash may change its Privacy Policy from time to time, and in its sole discretion. FlashCash encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of the Services after any change in this Privacy Policy will constitute your acceptance of such change.
  17. The Website and our related services are not intended for those under 18, and we do not knowingly collect information from those under the age of 18. Those under 18 should not submit any personal information without the permission of their parents or guardians. By using the Website and/or the App and Services, you are representing that you are at least 18.
  18. This Privacy Policy applies only to this Website and/or the App and not to any third-party sites.
  19. We take precautions to ensure the security of your personal information. However, we cannot guarantee that hackers or unauthorised personnel will not gain access to your personal information despite our efforts. You should note that in using the Website and/or the App and our Services, this information will travel through third party infrastructures which are not under our control. We cannot protect, nor does this Privacy Policy apply to, any information that you transmit to other users of the Website. You should never transmit personal or identifying information to other users.

Refund Policy

In the event of, including but not limited to, the following circumstances and only after the conclusion of an investigation by FlashCash and once FlashCash has informed you of its findings thereto:

  1. FlashCash has found that there has been a debit and/or credit of your Account which does not correspond with any specific transaction that you have made;
  2. FlashCash has found that there has been unauthorised access and/or transaction(s) made using your account, which has/have occurred outside of your sphere of control, responsibility and/or duty to maintain the security and integrity of your Account; and/or
  3. FlashCash, in its sole discretion as facilitator, has cooperated and/or agreed with any other User and/or Merchant that you are entitled to a refund:
    1. FlashCash shall refund to you any amount, within its sole discretion, which you may be entitled to, premised on the specific transaction(s), and the value limited therein to, whether in part or in full, depending on the contributory nature of your involvement in the incident requiring a refund.

Procedure

Upon the conclusion of the investigations, and once FlashCash has informed you of your entitlement to a refund, with the relevant monetary value attached thereto, you will be required to confirm your acceptance of the refund amount and terms therein.

Timeline for Refund

FlashCash reserves the right to refund the agreed amount to you within seven business days, and/or any other time (whether shorter or longer) that FlashCash is able to ensure the proper and accurate clearance and settlement of the refund transaction.

Terms & Conditions

1. The Contractual Relationship

These Terms of Use ("Terms") govern the access and/or use by you, an individual, from within any country in the world of applications, all related websites and/or the mobile application(s), content products and/or services (the "Services"), made available on our Website www.flashcash.my (the "Website") and/or our mobile application (the "App"), whether as a guest or registered user or a merchant. The access and usage of the Services and the Website and/or the App have been made available by and through FlashCash Sdn Bhd ("FlashCash"), a private limited liability company established under the laws of Malaysia.

Kindly carefully read the Terms herein before proceeding to access and/or use the Services and/or the Website and/or the App.
Your access and use of the Services and/or the Website and/or the App constitute your agreement to be bound by the Terms, which stands as a contractual relationship between you and FlashCash.

If you do not agree to these Terms, you should not access or use the Services and/or the Website and/or the App. The Terms herein do hereby expressly supersede any prior agreements or arrangements with you. FlashCash reserves all rights to immediately terminate these Terms and/or your access and/or usage of any of the Services and/or the Website and/or the App, including those available to you as being a guest or a registered user or a merchant of the Services and/or the Website and/or the App, or generally cease its offering or deny access to the Services and/or the Website and/or the App at any time for any reason, with a minimum notice period of twenty-one days.

FlashCash reserves the right to offer you, at any time, such supplemental terms as may be necessary and/or apply to certain Services and/or the Website and/or the App, and such supplemental terms will be disclosed to you in connection with the applicable Services and/or the Website and/or the App. Supplemental terms are an addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services and/or the Website and/or the App.

FlashCash reserves all rights to amend the Terms related to the Services and/or the Website and/or the App from time to time, with at least twenty-one days' due notice provided. Such amended Terms will be effective upon the posting of the updated Terms. Your continued access and/or use of the Services and/or the Website and/or the App, after such posting occurs, constitutes your consent to be by bound the updated Terms as amended.

In the event that a new version of FlashCash is available on Apple Store and/or Play Store, Users and/or Merchants continued use of FlashCash shall be deemed acceptance of the Terms as they are at the present material time.Our collection and use of personal information or personal data, in connection with the Services and/or the Website and/or the App, is as provided in the Privacy Policy Notice: www.flashcash.my/privacy

2. The Services and The Website and/or the App

Services

The Services involve an ever-expanding business model of mobile wallet and e-payment platform. It provides:

  • End-to-End e-Payment Solutions for merchants ("Merchants") to bill their clients/customers and for the latter to make exact payments as he/ she would over the counter;
  • User-to-User transfers between FlashCash users ("Users") and their family and friends;
  • An e-Wallet feature with cash out and cash in facility. The e-Wallet provides the user instant access to their money, anytime, anywhere via their mobile device;
  • Real-time cashflow management with dynamic graphs giving Users an insightful overview of their spending patterns; and
  • Real-time live promo bridging the gap between merchants and their targeted customers bringing the best deals directly to Users.
At this time, Users are all Malaysian citizens and/or individuals residing/visiting Malaysia to be used at Merchants located within the country.

Website and/or the App

The Website and/or the App are the main platforms / applications (other than any other applications which may be subsequently used or created to facilitate access to the Services at such other time) used to connect the Users with the Merchants. This shall be done by a payment and transaction based system / application which sits within and interface on the Website and/or the App on the one part; and a FlashCash option payment method on the Merchant's website and/or app on the other part.

FlashCash has no control over and therefore does not accept any responsibility and/or liability for the products or services paid for using the App. Further, FlashCash cannot and will not ensure that the Merchant which the User is dealing with will actually complete the transaction, or vice versa. Accordingly, FlashCash does not accept any responsibility and/or liability for any uncompleted transaction(s) which are due to anything other than downtime of the Services.

All data and information contained about and/or related to the Services on the Website and/or the App shall not give rise to any commitment and/or obligation which is not specifically stipulated in the Terms herein.

Any materials posted about the Services through the Website and/or the App are at no material time to be construed or considered as advice on which reliance should be placed.

License

Subject to your compliance with the Terms, FlashCash grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:

  1. access and use of the Services and the Website and/or the App on your personal device solely in connection with your use of the Services and/or the Website and/or the App; and
  2. access and use of any content, information and related materials that may be made available through the Services and/or the Website and/or the App, in each case solely for your personal, non-commercial use, subject at all material times to permissions granted by FlashCash and/or its licensors. Any rights not expressly granted herein are expressly reserved by FlashCash and/or and of its affiliated or related licensors.

Restrictions

You may not:

  1. use the Services and/or the Website and/or the App for any purpose(s) which may:
    1. breach any law, statute, rule, regulation or by-law of Malaysia or any other applicable jurisdiction;
    2. be fraudulent, criminal or unlawful in any way;
    3. be inaccurate or out-of-date; and
    4. may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, defamatory or untrue;
    5. intentionally, knowingly or unknowingly impersonate any other person or body or misrepresent a relationship with any person or body;
    6. be contrary to any specific rule or requirement that is stipulated on the Services and/or the Website and/or the App (whether it be in relation to a particular part or in general); and
    7. involve your use, delivery or transmission of any viruses, unsolicited emails, 'Trojan horses' or any computer programming routines that are intended and/or for the purpose of damaging, detrimentally interfering with, surreptitiously intercepting, or expropriate any system, data or personal information.
  2. remove any copyright, trademark and/or any other IP Rights, or other proprietary notices from any portion of the Services and/or the Website and/or the App;
  3. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any of the Services and/or the Website and/or the App except as expressly permitted by FlashCash;
  4. link to, mirror or frame any portion of the Services and/or the Website and/or the App, without express permission by FlashCash;
  5. cause to be launched or launch any programs or scripts for the purpose of indexing, surveying or otherwise data mining any portion of the Services and/or the Website and/or the App or unduly burdening or hindering the operation and/or functionality of any aspect of the Services and/or the Website and/or the App; and/or
  6. attempt to gain unauthorised access to or impair any aspect of the Services and/or the Website and/or the App and/or its related systems or networks.

In addition, you agree that the entire risk arising out of your use of the Services remains solely with you, to the full extent permitted under the laws of Malaysia.

3. Access to the Services and the Website and/or the App

Access

The complete access of the Website and/or the App shall be made available to all Users and/or Merchants who have registered accounts with FlashCash, and is available to all individuals, residing and/or visiting Malaysia, and all Malaysian businesses.
FlashCash shall not be responsible and/or liable if the Services and/or the Website and/or the App is unavailable for any time or for any period.

On occasion, FlashCash may need to carry out routine repairs, maintenance or introduce new facilities and functions to the Services and/or the Website and/or the App. You shall be notified of such occasions and are requested to bear with any downtime until the completion of such routine activities.

At any material time, FlashCash reserves all rights to make changes and/or updates as it deems fit without any further consent from and/or notice to you.

Third Party Services and Content

The Services and/or the Website and/or the App may be made available or accessed in connection with third party services and content (including advertising and including those offered by the Merchants and/or the Users of the Services and/or the Website and/or the App) that FlashCash does not control. Accordingly, you acknowledge that different terms of use and privacy policies may apply to your access and/or use of such third-party services and content. Unless expressly agreed or stated otherwise, FlashCash does not endorse nor control such third-party services and content and in no event, shall FlashCash be responsible or liable for any products or services of such third parties.

Ownership

The Services and/or the Website and/or the App and all rights therein are and shall remain the property of FlashCash and/or its licensors. Neither the Terms nor your use of the Services and/or the Website and/or the App convey or grant you any rights:

  1. in or related to the Services and/or the Website and/or the App except for the limited license granted above; or
  2. to use or reference in any manner www.FlashCash.my and/or FlashCash's company names, logos, products and service names, trademarks or service marks of those, or those of FlashCash's licensors.
4. Rights and Responsibilities of User(s) and/or Merchant(s)

Rights and Responsibilities of the User(s)

The User(s) have the following rights in accessing and/or using the Website and/or the App and/or the Services:

  1. the right to hold an Account, upon completing all the relevant registration steps;
  2. the right to unrestricted access to the User(s) Account and/or the Website and/or the App and/or the Services, subject at all material times to, amongst others, the Terms herein; and/or
  3. the right to utilise your FlashCash funds in any manner allowed and/or prescribed by FlashCash, subject at all material times to, amongst others, the Terms herein.

The User(s) have, amongst others, the following responsibilities in accessing and/or using the Website and/or the App and/or the Services:

  1. adhere to all the Terms herein contained, whether individually (separable) or collectively;
  2. understand and accordingly comply with all of the relevant laws governing your access and/or usage of the Website and/or the App and/or the Services;
  3. report any incidences set out within the Terms herein, whether it be directly related to your Account or otherwise;
  4. assist FlashCash in the amicable resolution of any instance of report, complaint and/or dispute; and/or
  5. do all necessary acts to ensure the protection of FlashCash, your fellow User(s) and/or Merchant(s) whether it be in reputation or otherwise.

Rights and Responsibilities of the Merchant(s)

The Merchant(s) have the following rights in accessing and/or using the Website and/or the App and/or the Services:

  1. the right to hold an Account, upon completing all the relevant registration steps;
  2. the right to unrestricted access to the Merchant(s) Account and/or the Website and/or the App and/or the Services, subject at all material times to, amongst others, the Terms herein; and/or
  3. the right to utilise your FlashCash funds in any manner allowed and/or prescribed by FlashCash, subject at all material times to, amongst others, the Terms herein.

The Merchant(s) have, amongst others, the following responsibilities in accessing and/or using the Website and/or the App and/or the Services:

  1. adhere to all the Terms herein contained, whether individually (separable) or collectively;
  2. understand and accordingly comply with all of the relevant laws governing your access and/or usage of the Website and/or the App and/or the Services;
  3. to complete all transaction(s) according to, but not limited to, the Terms herein contained;
  4. to ensure that any goods or services delivered to User(s) are of a fit and proper merchantable quality as required under relevant consumer laws;
  5. report any incidences set out within the Terms herein, whether it be directly related to your Account or otherwise; assist FlashCash in the amicable resolution of any instance of report, complaint and/or dispute; and/or
  6. do all necessary acts to ensure the protection of FlashCash, your fellow Merchant(s) and/or User(s) whether it be in reputation or otherwise.
5. Your Access and Use of the Services and the Website and/or the App

Registered Member Accounts

To access and/or use most aspects of the Services and/or the Website and/or the App, you would need to become a registered member and maintain an active Services account (the "Account"). Account registration requires you to submit to FlashCash certain personal information such as your name, identification details (such as NRIC and/or passport), contact details and email address, as well as any other information which may be necessary.

You agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services and/ or the Website and/or the App or FlashCash's termination of the Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account, username and password at all times.

By submitting your personal information to register an Account, you acknowledge your agreement and acceptance of the Privacy Policy and thereby expressly consent to authorising us to process your personal data for such purposes as set out in the Privacy Policy Notice: www.flashcash.my/ privacy.

All information relating to booking of the Services will be available, accessible and retrievable upon logging in to your Account. This includes information relating to completed, open or recently made bookings. You will also have the opportunity to manage and save contact details and address information.

During registration and upon accessing your Account, there shall be an option to sign up and receive, and to opt out of receiving, information emails (such as newsletter, information on offers, and the like). There is always the option to unsubscribe from such information emails at any time by opting out in the Account settings.

FlashCash reserves all rights to close your Account and cease permitted access and/or usage of the Website and/or the App and/or the Services if any disruptive activity on the Website and/or the App or related and/or connected to the Services is detected, including but not limited to wrongful or fraudulent registration of an Account using another's email address or mobile number, without their consent or permission.

Account security

Upon registration of an Account with the Website and/or the App, you are required to create a username and a password. The password must remain confidential. The only occasion on which you shall be asked for your password is part of the login process into the Website and/or the App. Should there be any unauthorised access or usage of your password or the Account or your email address, or any other such breach of security known to you.

Users are solely responsible for maintaining the confidentiality of their Account and/or username and password, and further, for restricting access to their mobile phones to prevent unauthorised access to their account. Users agree to accept responsibility for all activities that occur under their account or password, whether or not authorised by the User.

Users should take all necessary steps to ensure that:-

  1. they log out from their account at the end of each session (default login token expiration is 24 hours);
  2. their password is kept confidential and secure and inform us immediately if they have any reasonto believe that their password has become known to others; and
  3. if the password is being used, or is likely to be used in an unauthorised manner by others, FlashCash reserves the right to refuse transaction instructions, freeze the account and/or terminate the account, at its own absolute discretion.

Guest Access

Your access to the Services and/or the Website and/or the App as a guest shall be limited, insofar as you are able to browse and peruse the Services available and glimpse into the functionality of the Website and/or the App, but having no permission rights to utilise the Services, without first signing up as a registered member and maintaining an Account.

Notwithstanding your limited access to the Services and/or Website and/or the App, FlashCash shall hold you responsible and/or liable to adhere to all the applicable terms and conditions herein contained in your browsing and perusing of the Services and glimpse into the functionality of the Website and/or the App, and any breach thereof shall hold you responsible and/or liable in the same manner and category as if you were a registered member maintaining an account.

User Provided Content

FlashCash, in its sole discretion, may permit you to submit, upload, publish or otherwise make available through the Services and/or the Website and/or the App content or information, including feedback related to the Services and/or the Website and/or the App ('user content'). By submitting such user content, you grant FlashCash a worldwide, perpetual, irrevocable, transferrable, royalty-free license with the right to assign or sublicense, to use, copy, modify, create derivate works of, distribute, publicly display, publicly perform, and otherwise use in any manner in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

All user content submitted through the Services and/or the Website and/or the App shall be in accordance and shall fall subject to the Terms herein contained and, in particular, the "Restrictions" terms above.

Any disputes with regard to infringement of any solely / exclusively owned IP Rights of FlashCash shall be settled by way of the dispute resolution mechanism as set out in the Terms herein below.

In the event of any dispute related to the infringement of any IP Rights owned by FlashCash, any suspected, purported or alleged infringer, whether it be client, Merchant or otherwise, shall have his / her membership account suspended or frozen henceforth, without any further notice to the infringer, until such a time that the dispute can be resolved by way of amicable resolution and/or through the dispute resolution process as set out at the Terms herein below.

Links and external websites

The Website and/or the App may provide, or third parties may provide, links to internet banking sites, other sites or resources. The User acknowledges and agrees that FlashCash has no control over such sites and resources, and that FlashCash is therefore not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

The User further acknowledge and agree that the Website and/or the App shall not be responsible or liable in any way for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website and/or App or resource.

The User should make whatever investigation the User feel necessary or appropriate before proceeding with any transaction with any of these third parties.

Termination or closing Accounts

A User and/or Merchant can close their account at any time by sending a message through the Help section on the Website and/or the App, or via email to support@flashcash.my.

When an account closes, any pending transactions will be cancelled and in the event the User does not withdraw any outstanding balance in the User's account, FlashCash reserves the right to forfeit the same.

Any cash funds that we are holding for the User at the time of closure, less any applicable fees, will be paid to the User, assuming all withdrawal- related authentication requirements have been fulfilled.

Users cannot use closure of their account as a means of evading investigation: if an investigation is pending at the time a user closes their account, FlashCash may continue to hold their funds for up to one hundred and eighty days, as appropriate to protect FlashCash against the risk of claims or disputes.

If Users are later determined to be entitled to some or all of the funds in dispute, FlashCash will release those funds to the User. Users will remain liable for all obligations related to their account even after such account is closed.

If Users do not access their account for a period of two years, it will automatically be terminated. After the date of termination, we will use the User information provided to try to send the Users any funds that we are holding for them.

Unclaimed User funds are at all material times subject and subordinate to the Malaysia Unclaimed Moneys Act 1965.

6. Warranties and Guarantees

FlashCash makes the following warranties and guarantees:

  1. adherence to statutory prescribed requirements to at all times hold User's funds separate from its corporate funds;
  2. adherence to statutory prescribed requirements to not use the User's funds for its operating expenses or any other corporate purpose;
  3. adherence to statutory prescribed requirements to not voluntarily make funds available to its creditors in the event of bankruptcy / insolvency or for any other purpose;
  4. to make best efforts to ensure that requests for electronic debits from bank accounts are processed in a timely manner;
  5. to make best efforts and endeavours to ensure that the Services and/or the Website and/or the App are error-free, containing accurate, complete and up-to-date information and/or data to facilitate your ease of use of the same;
  6. to make best efforts and endeavours to make the Services and/or the Website and/or the App available 24 hours a day, 7 days a week; and
  7. upon conducting any routine repairs, maintenance of upgrades, that it shall make best efforts and endeavours to resume regular or normal activity of the Services and/or the Website and/or the App at the soonest time possible.

FlashCash does not warrant and/or guarantee, whether express or implies, and/or waives and/or disclaims as follows:

  1. anything concerning the Website and/or the App in any way possible, including but not limited to, the content on the Website and/or the App, and/or the Services, software or products available through the Website and/or the App;
  2. none of the Terms herein contained are intended to be construed as a warranty and/or a guarantee of uninterrupted, timely or error-free access to the Services and/or the Website and/or the App;
  3. on fitness for a particular purpose or merchantability in relation to anything viewed or transacted with on the Website and/or the App and/or in the Users' or Merchants' use of the Services;
  4. on the time needed to complete processing due to the fact that the Website and/or the App are largely dependent upon factors which are or may be outside our control such as delays in the banking system or internet services;
  5. that the Website and/or the App will be compatible with all hardware and software which you may use;
  6. to take any ownership of responsibility and/or liability for any viruses, unsolicited emails, 'Trojan horses' or any computer programming routines that are intended and/or for the purpose of damaging, detrimentally interfering with, surreptitiously intercepting, or expropriate any system, data or personal information, which may directly or indirectly affect any computer equipment, software, data or other property as a result of your access and/or use of the Services and/or Website and/or the App;
  7. to take any ownership of responsibility and/or liability for the actions of third parties;
  8. to take any ownership of responsibility and/or liability arising from any reliance placed on materials made available about and/or on the Services and/or the Website and/or the App by any guest, registered member, professional or client, or by any other person who may be informed of the contents of said materials;
  9. no representations, warranties or guarantees are made regarding the reliability, timeliness, quality, suitability or availability of the Services, or that the Services will be uninterrupted or error-free;
  10. on the quality, suitability, safety or ability of the Merchants;

Further, the content and/or the Website and/or the App and/or the Services do not constitute any form of advice, recommendation, representation, endorsement or arrangement by us and is not intended to be relied upon by Users in making (or refraining from making) any specific purchase or other decisions.Users should conduct their own

7. Payment, Charges / Fees and storage of funds

Payment

FlashCash acts as a facilitator to help the User make payments to third parties, including but not limited, to Merchants. FlashCash's systems operate based upon direction and requests received through the User's account that requires FlashCash to make payments from the User's funds on their behalf.FlashCash is not a bank, a banking service or a credit facility service. Users will not receive interest or other earning on the funds that FlashCash handles as stakeholder.

Payment facilities

Users can top up their Account with any bank offering its internet banking services to FlashCash.

Payment of the Charges shall, for all intents and purposes, be considered the same as payment directly by you, as a User or otherwise, to the Merchants. The Charges will be inclusive of applicable taxes where required by Malaysian law, such as Goods and Services Tax ("GST"). Charges paid by you are final and non-refundable, unless otherwise determined at the sole discretion of FlashCash and/or the individual Merchant(s), upon their joint or several agreements accordingly.


The payment structure and the applicable Charge(s) / Fee(s) for each transaction of the Services purchased from the Merchants is intended to be full compensation for the Services provided. You hereby understand and agree that, while you are free to provide additional payment as a gratuity to any Merchant, providing you with the Service, you are under no obligation to do so. Gratuities are voluntary and exist as payment beyond the control and knowledge of FlashCash, who's rights are hereby expressly reserved.

FlashCash, jointly with the individual Merchant(s), reserves the right to establish, remove and/or revise Charges / Fee(s) for any or all services or goods obtained through the use of the Services at any time in its sole discretion. Further, you acknowledge and agree that Charges / Fees applicable may increase (or reduce) according to the joint commercial considerations of FlashCash and the Merchant(s).

Storage of funds

FlashCash is required by the laws of Malaysia and the National Bank of Malaysia to place all User funds within a trust account. This account shall hold an accumulation of all User funds presently held by FlashCash as stakeholders.

FlashCash and the banking institution under which the trust account is held are governed by strict laws, and at all material times have robust systems in place to ensure secure and smooth transactional processing and monitoring of all User funds and all User-Merchant transactions.

Remedies and rights of collection

Without limiting other remedies, we may update inaccurate or incorrect information the User provide to us, contact the User by means other than electronic, immediately warn our community of the User's actions, place a hold on funds in the User's account, limit funding sources and payments, limit access to an account and any or all of the accounts functions (including but not limited to the ability to send money or making withdrawals from an the account), limit withdrawals, indefinitely suspend or close the User's account and refuse to provide our Mobile App to the User if:

  1. the User breaches these Terms or the documents it incorporates by reference;
  2. FlashCash is not able to verify or authenticate any information provided by the User;
  3. FlashCash believes that the User's account or activities pose a significant credit or fraud risk;
  4. FlashCash believes that the User's actions may cause financial loss or legal liability for the User, other Users, Merchants and/or FlashCash; or
  5. the User's use of the Account is deemed by FlashCash or the User's bank, to constitute abuse of the system or aviolation of internet banking rules.

FlashCash reserves the right to hold funds beyond the normal distribution periods for transactions in the event of suspicion or for accounts conducting unusually high transaction volumes, for the purpose of ensuring the integrity of the funds.
If FlashCash closes the User's Account, FlashCash will provide the User notice and refund the User all of the unrestricted funds held in the User's Account, at that present time.

Additionally, to secure the User's performance of these Terms, the User grants to FlashCash a lien on and security interest in the User's Account. In addition, the User acknowledges that FlashCash may, in its sole and absolute discretion, in the event of outstanding debts, set off against any of the User's Accounts for any obligation the User may owe FlashCash, at any time, and for any reason allowed by law. These obligations include both secured and unsecured debts and debts the User may owe individually or together with someone else.

FlashCash may consider these Terms and Conditions as the User's consent to FlashCash asserting its security interest or exercising its right of setoff should any law require the User's consent. The rights described in this section are in addition to, and severable from, any and all other rights.

8. Reporting by the User and/or the Merchant

Reporting

In the event of, including but not limited to, the following circumstances:

  1. there are incorrect fund balances displayed in the Account, whether accessed by the User and/or the Merchant on the Website and/or the App;
  2. there is either an excess or deficit in the fund balance displayed in the account, whether accessed by the User and/or the Merchant on the Website and/ or the App;
  3. a transaction (defined herein after to include: payment, withdrawal, deposit, transfer, redemption of points and/or any other transaction usually made available by FlashCash on the Website and/or the App) has not or cannot be completed, whether attempted by the User and/or the Merchant on the Website and/or the App;
  4. as a User, you have used the Website and/or the App to make a transaction, and in the first instance was made to understand that the transaction had been completed, but subsequently discovered that it had not;
  5. as a User, funds were debited from your Account without completing a corresponding transaction;
  6. as a Merchant, you have not received funds from a completed transaction(s);
  7. as a Merchant, you are not able to request for and/or complete transactions on your end;
  8. there appears to be suspicious activity in and/or by using the Account, whether accessed by the User and/or the Merchant on the Website and/or the App;
  9. there has been a theft, that the User and/or the Merchant is aware of, of funds within the Account; and/or
  10. there has been any of the above incidences or activities involving any other person(s) and/or entity(ies) Account.

FlashCash requests that you report any such incidence(s) or activities to the Customer Support Department (support@flashcash.my) at the soonest possible juncture that you become aware of it, so that FlashCash may immediately begin an investigation into the matter.

Investigation and findings

Upon the receipt of any report or complaint by any User and/or Merchant, FlashCash is bound to commence an investigation into the report or complaint.

Whilst FlashCash will make best efforts to conclude the investigation and address the report or complaint by any User and/or Merchant, FlashCash reserves all rights to take up to fourteen days to respond to the complainant on FlashCash's findings.

The User and/or Merchant hereby agree that they shall be unequivocally bound to FlashCash's decision on the report or complaint, whether it may be to their respective benefit or detriment.

Recourse available

Depending on FlashCash's findings, FlashCash, in its sole and/or absolute discretion may:

  1. need to conduct maintenance and/or updates on the Website and/or the App and/or the User or Merchant's respective Account(s), until such a time that the specific problem and/or issue can be entirely resolved, in such a manner that the User and/or the Merchant is able to utilise the Services in the manner in which every other FlashCash Account holder is able to, to the sole discretion and/or satisfaction of FlashCash. For the avoidance of doubt, FlashCash does not warrant, represent and/or guarantee the amount of time such maintenance and/or update may take and/or how long such process(es) will affect the User and/or Merchant's respective Account(s);
  2. debit and/or credit, in FlashCash's determination, the relevant funds which may form part of the report or complaint. FlashCash shall inform the relevant User(s) and/or Merchant(s) of the reasoning behind such debit and/or credit;
  3. complete the incomplete transaction and accordingly debit/credit the relevant funds;
  4. cancel the incomplete transaction, and accordingly conduct a debit/credit refund to the relevant User(s) and/or Merchant(s);
  5. immediately address and/or arrest any suspicious activity reported and/or complained of;
  6. take all measures to prosecute and User(s) and/or Merchant(s) and/or any other individual and/or entity for any theft found, including but not limited to, suspension and cancellation of Account(s),reporting to relevant authorities,taking any and all legal recourse appropriate; and/or
  7. alert primary Account holders of the report made by any third parties which may fall within the ambit of the reportable incidences, as set out above.

9. Refunds

Conditions

In the event of, including but not limited to, the following circumstances and only after the conclusion of an investigation by FlashCash and once FlashCash has informed you of its findings thereto:

  1. FlashCash has found that there has been a debit and/or credit of your Account which does not correspond with any specific transaction that you have made;
  2. FlashCash has found that there has been unauthorised access and/or transaction(s) made using your account, which has/have occurred outside of your sphere of control, responsibility and/or duty to maintain the security and integrity of your Account; and/or
  3. FlashCash, in its sole discretion as facilitator, has cooperated and/or agreed with any other User and/or Merchant that you are entitled to a refund:
    1. FlashCash shall refund to you any amount, within its sole discretion, which you may be entitled to, premised on the specific transaction(s), and the value limited therein to, whether in part or in full, depending on the contributory nature of your involvement in the incident requiring a refund.

Procedure

Upon the conclusion of the investigations, and once FlashCash has informed you of your entitlement to a refund, with the relevant monetary value attached thereto, you will be required to confirm your acceptance of the refund amount and terms therein.

Timeline for refund

FlashCash reserves the right to refund the agreed amount to you within seven business days, and/or any other time (whether shorter or longer) that FlashCash is able to ensure the proper and accurate clearance and settlement of the refund transaction.

10. Disputes

Process

In the event, any User and/or Merchant and/or FlashCash raises a dispute with any other User(s) and/or Merchant(s), a similar investigation and findings process will be employed by FlashCash.

Outcome of findings

Depending on the nature of the dispute and the relevant parties involved, and our findings, FlashCash shall take all necessary action(s) as set out, whether individually or collectively, within the Terms herein, or any other action(s) FlashCash may deem necessary to resolve the dispute.

Internal remedies of disputes

In the event, you are dissatisfied with the outcome of the findings, we ask that you inform us accordingly and FlashCash will do everything in its power to mediate the dispute and resolve the same amicably.

FlashCash values all its User(s) and/or Merchant(s) and aims to resolve disputes in a mutually beneficial manner within expeditious timelines.

Disputes that cannot be resolved internally

In the event, you remain dissatisfied with the findings of FlashCash and/or any remedy offered to you (if any), you hereby agree that the initial appropriate forum to bring the dispute is by way of private mediation.

In the event after attempt(s) have been made to resolve the dispute through private mediation and any party remains dissatisfied, all parties hereby agree for any claim(s) to be accordingly made in the courts of Malaysia.

11. Limitation of Liability and Indemnity

Limitation of Liability

FlashCash shall not be liable for any direct or indirect, incidental, general, special, consequential or exemplary damages, arising out of lost profits, revenue, opportunity, business, goodwill, use, lost data, personal injury, death or property damage or intangible losses related to, in connection with, or otherwise resulting from any use of the Services, even if the possibility of such damages have already been advised or FlashCash is aware of. FlashCash shall not be liable for any damages, liability or losses arising out of:

  1. User(s) and/or Merchant(s) use or reliance on the Services, the Website and/or the App, and/or their inability to access or use the same; or
  2. Statements or conduct of any third party on the Services; or
  3. Unauthorised access to or alteration of the User's transmissions or data; or
  4. The cost remedying or procuring of substitute goods and/or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Mobile App or services offered via the Mobile App; or
  5. Any transaction or relationship between the User(s) and/or the Merchant(s), even if FlashCash has been advised of the possibility of such damages; or
  6. Delay or failure in performance resulting from causes beyond the control of FlashCash; or
  7. Any other matter relating to the Services and/or the Website and/or the App and/or any information available and/or related on or thereto.

Our total liability, if any, to any party concerned, including but not limited to you, any Client, Merchant and/or any other third party, shall in no circumstances exceed, in aggregate, a sum equal to the greater of:

  1. The value of the specific transaction made between the User and Merchant, which may be under dispute; and/or in any event
  2. RM1,500.00 to any one User and/or Merchant at any time.

Indemnity

You agree to indemnify and hold FlashCash and its subsidiaries, affiliates, co-branders, other partners, officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities and expenses (including legal costs and fees) arising out or in connection with:

  1. your use of the Services;
  2. your breach or violation of any of the Terms herein contained;
  3. FlashCash's use of your User Content;
  4. your breach or violation of any applicable law; or
  5. your violation of the rights of any third party, including the Merchants.
12. Intellectual Property

IP Rights

For the purpose of the Terms herein and/or the Privacy Policy Notice, IP Rights shall include a non-exhaustive list of, amongst others, copyrights, trademarks, patents, designs, methods, know-hows and processes (the "IP Rights").

FlashCash and/or its licensors are the sole owners of all IP Rights (whether jointly or severally) contained and/or related to and/or connected with the Website and/or the App and all content and material contained therein, with the exception of User Content. All works, content and materials on the Website and/or the App are protected by international copyright laws and treaties. All such rights are hereby expressly and impliedly reserved.

No content or material contained on the Website and/or the App is to be used for any commercial purpose and/or public circulation without the express permission of FlashCash and/or its licensors.

Should there be infringement of any of the rights owned by FlashCash and/or its' licensors, all action shall be taken to the full extent permitted by law to seek redress and relief for such infringement, including but not limited to an immediate cease placed on the Accounts of Users and/or Merchants.

Any disputes with regard to infringement of any solely / exclusively owned IP Rights of FlashCash shall be settled by way of the dispute resolution mechanism as set out in the Terms herein below.

In the event of any dispute related to the infringement of any IP Rights owned by FlashCash, any suspected, purported or alleged infringer, whether it be User, Merchant or otherwise, shall have his / her Account suspended or frozen henceforth, without any further notice to the infringer, until such a time that the dispute can be resolved by way of amicable resolution and/or through the dispute resolution process as set out in the Terms herein below.

Trademarked Brand Names

The "FlashCash" name and logo and all related names, design marks and slogans are the trademarks of FlashCash or its licensors.

Governing Law and Jurisdiction

The Terms and your use of the Website and/or the App and/or the Services (and all non-contractual relationships arising out of or connected to them) shall be governed and construed in accordance with the prevailing laws of Malaysia.

Any disputes which may arise out of or which may be related to or in connection with the Services and/or the Website and/or the App and/or the Terms shall fall under the exclusive jurisdiction of the courts of Malaysia, for the settlement of such disputes.

14. Other provisions

Electronic communication notice

When the User visit FlashCash or send e-mails to us, the User and/or Merchant is communicating with us electronically. We communicate with the User and/or Merchant by e-mail or by posting notices on the website. For contractual purposes, the User and/or Merchant consents to receive communications from us electronically and the User agrees that all agreements, notices, disclosures and other communications that we provide to the User electronically satisfy any legal requirement that such communications be in writing.

Severability

If at any material time, during the subsistence of the Terms, there are changes to laws, regulations, by-laws or otherwise, which may render any of the Terms illegal, invalid or otherwise unenforceable in any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms shall survive, remain in force and effect and continue to be binding on all parties herein concerned.

Events beyond FlashCash's control

FlashCash, its affiliates, officers, employees and service providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of any content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

15. Customer support and National Bank contact details

FlashCash Customer Support

In the event, you require any assistance, kindly email our Customer Support Department: support@flashcash.my , or you can call us at (603)-6211 3636.

National Bank contact details

Details of the important points of contact to our National Bank are as follows and have been lifted from the website www.bnm.gov.my:

Laman Informasi Nasihat dan Khidmat (BNMLINK)

(Walk-in Customer Service Centre) Ground Floor, D Block,
Jalan Dato' Onn
50480 Kuala Lumpur
Tel : +603-2698-8044 extension 8950 / 8958 (BNMLINK general line)

Contact Centre (BNMTELELINK)

Laman Informasi Nasihat dan Khidmat (LINK) Bank Negara Malaysia
P.O. Box 10922
50929 Kuala Lumpur

Tel : 1-300-88-5465 (1-300-88-LINK)
(Overseas: +603-2174-1717)
Fax: +603-2174-1515
E-mail: bnmtelelink@bnm.gov.my