1. Preamble

1.1 WorkerzDirect Sdn Bhd (Malaysia) (“WorkerzDirect”), is the developer and owner of the BolehPayz App platform (“BolehPayz”), i.e., www.bolehwallet.com.my and any related product, consumer item and/or any electronic account incorporating its technology, which the above stated will be individually referred to as “BolehPayz”, “App”, “Portal”, or “Account”.

1.2 WorkerzDirect provides closed services to Indonesian Domestic Migrant Workers (IDMWs) only limited to and Remittance Services within the same App.

1.3 These terms and conditions are legally binding agreement between WorkerzDirect in respect of the use of your Account and you (as WorkerzDirect customer). By using your Account, you agree to be bound by these Terms and Conditions.

1.4 These Terms and Conditions explain WorkerzDirect's obligations to you, and yours to WorkerzDirect. While they apply to all WorkerzDirect's main services, these Terms and Conditions may be complemented or changed by Terms and Conditions for certain services which you may use pursuant to a separate agreement entered between WorkerzDirect and you. You agree not to claim against WorkerzDirect for any statement which is not explicitly set out in these Terms and Conditions.

All customer of BolehPayz App is subject to WD's credential process: - [af1]

2. General

2.1 WorkerzDirect provides an Account equipped with functionalities accessible through the downloadable BolehPayz application. By utilizing BolehPayz, you explicitly acknowledge and agree that any transactional instruction received by WorkerzDirect via this platform, and which is linked to your Account as indicated in WorkerzDirect's records, is deemed to have originated from you. It is your sole responsibility to prevent unauthorized access to your Account. WorkerzDirect bears no responsibility for actions taken in accordance with this provision. Under normal circumstances, WorkerzDirect will make all reasonable efforts to ensure that the BolehPayz App system is operating and functioning in reasonably good condition, but WorkerzDirect will not guarantee that BolehPayz App will be able to provide services to you at all times due to circumstances beyond WorkerzDirect's and/or their control.

2.2 WorkerzDirect reserves the right to charge a reasonable fee for any and/or all services provided by WorkerzDirect to you. All fees chargeable by WorkerzDirect will be brought to your attention before your acceptance of any and/or all such services.

2.3 You may execute domestic money transfers or remittance from your Account to other account(s) and/or receive transfer of money subjected to BolehPayz's terms & conditions including but not limited to the availability of such services at your country of usage. WorkerzDirect disclaims all responsibility for any disputes arising from monetary transfers or remittances involving you, any recipient, or any sender, except in instances where technical malfunctions within the BolehPayz App system result in transfer errors. In which case, you should contact WorkerzDirect in accordance with Clause 27 below immediately.

2.4 WorkerzDirect may offer rewards, promotions and/or special offers (collectively called "Promotions") from time to time to you. Such Promotions are subject to Terms and Conditions imposed by WorkerzDirect relating to the Promotions, and WorkerzDirect reserves the right to final decision in the event of any disputes or disagreements.

3. Definitions And Interpretation

In these Terms and Conditions, the following words and expressions have the following meanings unless inconsistent with the context or stated otherwise:

4. Obtaining and Using Your Account

4.1 To use our BolehPayz App, you will need to download the BolehPayz from Apple Inc. App Store or Google LLC Play Store.

1. User must provide a valid mobile phone number registered under the User's name (within the countries of operation of BolehPayz);
2. Each mobile device, each SIM card, and/or each Mykad/passport number can only be used once for registration of an Account; and allowed to have only one (1) Account.

4.2 A valid Account means a genuine Account or product:

1. Which you have lawfully, registered, and verified.

4.3 Upon the sign-up of an Account, you are required to provide us with the following information:

1. full name;
2. National Registration Identity Card (NRIC) number or passport number or reference number of any other official documents of the customer or beneficial owner;
3. residential and mailing address;
4. date of birth;
5. nationality;
6. occupation type;
7. name of employer or nature of self-employment or nature of business;
8. contact number (home, office or mobile);
9. Salary range

4.4 The next step, User will be prompted to account activation process. This requires user to provide:

1. Mykad/MyPR/MyKas
2. Passport/Working visa

4.5 The final step would be the account Activation which subject to user due diligence process conducted by WD representative.

5. BolehPayz Wallet Transaction Limit

5.1 Account Limit is as Follow:

5.2 You should monitor the funds kept in your Account on a frequent basis, as you will only be able to store such funds in your Account up to the applicable Account Limit. Once the total funds in your Account reach the Account Limit, you will not be able to receive additional funds exceeding this limit until the stored funds are reduced through usage or transfer.

5.3 In the event that your Available Balance falls below the Account Limit, you may utilize the Reload option, and by doing so, you agree to assume sole responsibility and liability for any Reload(s).

5.4 Account limits and daily transaction limits are imposed to prevent fraudulent, illegal, or unlawful transactions, including but not limited to violations of the Financial Services Act 2013 and AML/CFT legislation.

5.5 Transactions may not always be performed concurrently with any orders given at any time. Although the Account and/or Service are available on days apart from Business Days, specific orders may only be processed on Business Days.

6. Your Obligations in Using Your Account

6.1 By signing up for the Account, you empower WorkerzDirect to rely on and act on all messages and instructions you provide in connection with the Service. You must ensure that any and all instructions you give to WorkerzDirect or through the Service are correct and full, or WorkerzDirect will not be liable for any losses or damages resulting from them. WorkerzDirect may reject any of your instructions relating to the use of the Service or any Transaction if:

1. the Service or Transaction violates any of the provisions of these Terms and Conditions; or
2. WorkerzDirect suspects the instructions may be fraudulently issued or determines that the use of the Service or Transaction poses a risk to the Platform System.

6.2 You must not use your Account for any illegal purposes And you are not allowed to share your account with any individual. You are solely responsible for ensuring the safekeeping of your login ID, login password, and transaction One-Time-Password, and for keeping this information confidential at all time, to prevent unauthorised use of your Account.

6.3 You must not tamper with the Account in any way or use your Account in any manner inconsistent with these Terms and Conditions. WorkerzDirect shall not be obligated or responsible to honour transaction(s), or refund any remaining value, if your Account has been tampered with.

6.4 You are not entitled to obtain any interest or other profits in connection with the Service.

WorkerzDirect will ask you for co-operation with WorkerzDirect and, if appropriate, the relevant authorities, in investigating any possible or suspected unauthorised use, or in resetting your Account if it is hacked or tampered with, or if WorkerzDirect has reasonable ground(s) to suspect suspicious behaviour or usage pattern, or as required by prevailing laws, rules, statutes, legislation, orders, regulations, codes, guidelines and/or circulars.

6.6 WorkerzDirect's staff and/or authorised representative(s) shall have the right to inspect your Account, including the data in that Account, at any reasonable time.

6.7 The App allows you to view your full transaction history. You should verify your transaction history on a regular basis to ensure that there has been no unauthorised usage of the Service through your Account. Unless you notify WorkerzDirect of any error, exception, disagreement, or unauthorised transaction within thirty (30) days after the transaction date, all entries in the transaction history are presumed true and accurate. If WorkerzDirect does not receive written notification from you within the specified time frame regarding any error in the transaction history, the transaction history is deemed true, complete, and accurate, and you appear to have accepted the entries in the transaction history made up to the date of the last entry in the transaction history as final and indisputable.

6.8 You must not use your Account in any way that could damage, disable, overburden, impair or compromise the services that WorkerzDirect provides to you, BolehPayz systems and/or security and/or interfere with other users of BolehPayz and/or any related third party(ies). WorkerzDirect has the right to recover reasonable costs, expenses, losses and damages suffered or incurred by WorkerzDirect as a result of you altering or interfering or allowing a third party to alter or interfere, with the data on your Account.

6.9 WorkerzDirect shall not be responsible for any personal injury and/or property loss or damage caused as a result of your inappropriate and/or unauthorised use of your Account.

6.10 If you suspect that there has been an unauthorised transaction, unauthorised access to your Account, or your password has been compromised, or if you lose your mobile device, you must contact WorkerzDirect immediately. Any loss suffered by you as a result of unauthorized transactions incurred before you have disabled your compromised password and/or reported to WorkerzDirect shall be solely borne by you.

6.11 You must ensure that your name, mobile number and all other details provided to us are correct and up to date, and shall notify WorkerzDirect as soon as there are changes to such information. WorkerzDirect shall not be held liable for any loss suffered arising from your failure to keep us updated with your up-to-date information as stated above.

6.12 WorkerzDirect will communicate with you directly through the customer service department via email or phone call. Messages from WorkerzDirect through other means are not reliable and will not be considered official communication.

6.13 Should you need to lodge any complaints or make any reports in relation to the use of your Account, please contact WorkerzDirect through our official channels as stated in Clause 27 herein.

6.14 Subject to such other applicable Terms and Conditions, as a general rule, rewards or incentives awarded by WorkerzDirect or WorkerzDirect merchants as incentive in any form are valid only for future transactions and cannot be withdrawn as cash.

7. Malfunction

7.1 If your Account malfunctions due to no fault of yours, you should immediately contact WorkerzDirect's Customer Service through our official channels as stated in Clause 27 herein.

8. Disputed Transaction and Refund

8.1 Withdrawal from your Account. Funds held within your E-Wallet account may be withdrawn upon request at any time. Withdrawals must be directed to your personal local or overseas bank account. WorkerzDirect retains the right to request information, including personal data, for the purpose of processing withdrawals. Users are responsible for any associated withdrawal charges.

8.2 When you use our services, you are solely responsible for any payments made through your Account or for authorising and authenticating amounts withdrawn from your Account. It is exclusively your responsibility to ensure that the transaction amount is correct.

8.3 At the time of the reimbursement, your eWallet or Bank Account must be active.

8.4 If your Account Balance exceeds the required Account Limit after the refund process is completed, the refund process will fail automatically. You are then obligated to request an alternative refund method, which includes the methods listed below.

1. by increasing the wallet limit (subject to WorkerzDirect approval and in compliance with the Wallet Limit of Max RM10,000).
2. By crediting to your own registered Bank Account in Malaysia. Or;
3. Remit the fund to your own bank account in Indonesia via remittance services. Service fee/transaction fee shall be borne by the User.

8.5 If you notice any errors or inconsistencies in your account, you must notify Customer Service within 14 days of the disputed transaction date. Failure to do so will be considered acceptance of the transaction's accuracy. If the investigation finds that the disputed transaction was an error, the disputed amount will be reimbursed to your account within 14 days of your complaint. WorkerzDirect reserves the right not to return any disputed amount if it believes you violated the Terms and Conditions. If investigations confirm the validity of disputed transactions authorized by you, you are responsible for them. WorkerzDirect's investigation conclusions are final and binding, not subject to challenge.

8.6 Notwithstanding the above, WorkerzDirect's issuance of a refund does not signify the conclusion of the investigation. Should initial findings warrant it, WorkerzDirect reserves the right to refund funds to Your account. However, subsequent to a thorough investigation, if it is determined that You are not entitled to a refund, WorkerzDirect retains the discretion to either adjust Your account by deducting the refunded amount or seek repayment from You as deemed appropriate.

8.7 You agree and consent to WorkerzDirect and/or its personnel or advisors using any information about you or the specifics of the relevant Transaction(s) or your Account to investigate any claim or dispute arising out of or in connection with the disputed Transaction(s). You further agree that if a dispute or claim of any kind arises in relation to any Transaction, the records of the Transaction(s) generated by WorkerzDirect will be utilised as a reference and the sole basis for resolving such dispute or claim. This Clause's agreement and consent will survive the termination of your Account or your withdrawal of usage of the Service.

9. Legal Compliance

9.1 WorkerzDirect and its officers must follow all Applicable Laws governing the Service in all material manners.

9.2 WorkerzDirect will only use and maintain documents or information related to your account in accordance with the Financial Services Act 2013.

9.3 Without limiting the generality of the foregoing, to the extent required by the AML/CFT Legislation, WorkerzDirect shall;

1. maintain an anti-money laundering and anti-terrorism financing compliance programme that is in all material respects in compliance with the AML/CFT Legislation,
2. Perform the necessary checks required by AML/CFT Legislation regarding account usage, including verifying the source of funds.

10. Termination of Your Boleh Account

10.1 You can close your account by contacting Customer Service. If there's money in your account, provide correct bank details for a refund within 14 business days. If your account is empty, it will be closed once you notify us. WorkerzDirect isn't responsible for losses due to incorrect banking information you provide. Any refunds to foreign accounts depend on the bank's exchange rate and fees.

10.2 WorkerzDirect reserves the right to recover, cancel, suspend, and/or terminate your Account or any of BolehPayz services at any time without specifying the reasons, but WorkerzDirect will take reasonable steps to minimise any inconvenience caused to you. You may be required to present your Account for inspection in the manner as may be notified by WorkerzDirect. WorkerzDirect will refund to you the remaining value (if any), subject to terms governing withdrawal in Clause 4.6 herein.

10.3 WorkerzDirect's records will be considered final in determining the remaining refund value, except in cases of clear error on their part.

11. Inactive BolehPayz Account

If you have not provided any transaction instructions on your Account for a period of six (6) months in BolehPayz App (which such period of time may be subject to change from time to time provided that a prior notice is given to you via the BolehPayz App), WorkerzDirect will, for your own and WorkerzDirect's protection, deem your Account to be inactive, and WorkerzDirect will deactivate your Account. Please contact our customer service or you may fill up the customer inquiry form available on BolehPayz App for account reactivation.

12. Personal Information Collection Statement Relating to You (This "Notice")

12.1 WorkerzDirect is committed to protecting your privacy in accordance to the respective legislation that WorkerzDirect operates, such as the Act 709 Personal Data Protection Act 2010.

12.2 Please refer to our Privacy Policy via the provided link below for information regarding the handling and usage of documents or information pertaining to your affairs or Account as a WorkerzDirect client.

www.workerzdirect.com.my

13. Transaction Records

13.1 The transaction records of your Account will be safely kept by WorkerzDirect. Transaction records mean all the transaction data which WorkerzDirect receives from its system, WorkerzDirect readers and/or from other channels in respect of the use of your Account. WorkerzDirect will only disclose any of your transaction records to:

1. The relevant Service Providers which are under a duty of confidentiality to WorkerzDirect.
2. Satisfy a search warrant or an order by a competent court of law or a relevant regulatory body that WorkerzDirect is required to comply.
3. Any other parties which are under a duty of confidentiality to WorkerzDirect, in order for WorkerzDirect to maintain the normal management, operation and maintenance of the Boleh system and/or BolehPayz;
4. Any agents, contractors or third-party service providers which are under a duty of confidentiality to WorkerzDirect and which provide administrative, telecommunications, computer, payment, data processing or other services to WorkerzDirect in connection with the operation of its business; or
5. Any other person under a duty of confidentiality to WorkerzDirect including its subsidiaries, affiliates or its business partners for the purposes outlined in this Clause 13.

14. Services

14.1 Account top-up/reload and refund

1. The maximum amount available for account reload/top-up is subjected to the items stated in Clause 5.
2. All bank transfer transactions will be subject to an administration fee imposed by our partners, subject to adjustments (including rebates, subsidies, rewards, etc.) from time to time.
3. Users are solely responsible for ensuring that they have entered the correct information for conducting any cash top-up and/or withdrawal, as well as for bank transfer transaction.
4. WorkerzDirect is not responsible for, and will not be held liable for, any loss suffered by you or any third-party transferor/transferee due to incorrect input by you or a third-party transferor of the transferee information, nor any unfulfilled top-up and/or withdrawal requests.

14.2 Remittance

1. Users may perform remittance via BolehPayz App from time to time (exchange rate and remittance fee will be made available on the remittance feature on the BolehPayz App) and will be limited to outwards transaction to Indonesia only).
2. For more info, please refer to our Remittance Terms & Conditions via www.workerzdirect.com.my

15. New and Additional Services

15.1 WorkerzDirect may provide you with new or additional services associated with your Account from time to time, and these new services will be governed by the terms and conditions herein or as amended from time to time for the respective services.

16. No Warranties and Limitation of Liability

16.1 To the fullest extent permitted by applicable law, WorkerDirect disclaims all warranties, express or implied, including but not limited to merchantability and fitness for a particular purpose. WorkerDirect makes no warranty regarding the accuracy, suitability, or non-infringement of information or services provided on the BolehPayz App. All information and services are provided "as is" and "as available," and the user assumes all risks associated with their use.

16.2 While WorkerzDirect may use reasonable efforts to include accurate and up-to-date information on the BolehPayz App, WorkerzDirect makes no warranties or representations as to its accuracy, timeliness or completeness. Workerzdirect may periodically add, change or improve any of the information, products, services, programs and technology described on the App with notice. WorkerzDirect assumes no liability or responsibility for any errors or omissions in the content of the BolehPayz App.

16.3 Your use of the BolehPayz App is at your own risk. WorkerzDirect and other parties involved are not liable for any damages arising from your access to or use of the app, even if WorkerzDirect has been advised of the possibility of such damages. WorkerzDirect is not responsible for any damages to your mobile equipment or other property due to accessing or downloading from the app.

16.4 WorkerzDirect is not liable to you for any losses, including any indirect or consequential losses, you suffer or costs you incur because (i) you are unable to access or use your Account for any reason or there is a delay in its use; (ii) you did not receive any SMS notifications in a timely manner; and (iii) there is a failure to provide any service caused by any third party service providers including merchants, Service Provider and software providers, unless such losses or costs are the sole results of WorkerzDirect's gross negligence, fraudulent act or wilful default.

16.5 WorkerzDirect is not liable for delays or failures in performance of its obligations under these Terms and Conditions due to events beyond its reasonable control, including suspension or revocation of its or its partners' MSO license. In such cases, the time for performance is extended by a period equal to the delay.

17. Fees and Charges

17.1 WorkerzDirect's fees and charges are available on BolehPayz website.

18. Changes in these terms and conditions

18.1 WorkerzDirect may amend these Terms and Conditions from time to time by publishing a notice of the change(s)` and posting an updated version on BolehPayz and/or by providing you notice of amendments when you log into your Account.

18.2 The change(s) shall take effect on the date of publishing such notice and posting an updated version of these Terms and Conditions on BolehPayz or when you accept an upgrade or update of your Account upon logging on, whichever is earlier.

18.3 The change(s) will apply to you unless your Account is cancelled before the change(s) take(s) effect.

18.4 Each time you use WorkerzDirect's services via your Account you confirm that you agree to be bound by these Terms and Conditions as may be amended from time to time. You expressly agree that the access to the BolehPayz and use of WorkerzDirect's services shall be at your own risk and you shall unconditionally assume all risks, incidental to or arising out of the use of the BolehPayz. If you do not agree to these Terms and Conditions and/or any such terms and conditions, as amended from time to time, you must stop using WorkerzDirect's services immediately.

18.5 A copy of the latest version of these Terms and Conditions is available on BolehPayz or from Boleh's designated Authorised Agents upon request.

19. Transfer

19.1 You may not delegate, assign or transfer these Terms and Conditions or any rights or obligations under these Terms and Conditions to any third party, without our prior consent.

19.2 WorkerzDirect may freely assign, transfer or sub-contract these Terms and Conditions or WorkerzDirect's rights and obligations under these Terms and Conditions, in whole or in part, without your prior consent or notice.

20. Third Party Rights

20.1 Other than WorkerzDirect's subsidiaries, affiliate companies and any assigns of WorkerzDirect, no other person who is not a party to these Terms and Conditions has any right to enforce any of these Terms and Conditions and/or benefit of these Terms and Conditions.

21. Governing Law and Jurisdiction

21.1 These terms and conditions are governed by and are to be construed under the laws of Malaysia, irrespective of the country where which you access or use the App.

21.2 By accessing and using the App or using the services provided herein, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes in relating to the usage of this App and Services.

22. Prevalence

22.1 If there is any inconsistency between the English, Bahasa Melayu, Bahasa Indonesia, or any other version, the English version shall prevail.

23. Copyrights and Other Rights

23.1 The copyright of the WorkerzDirect app and its contents, including text, images, graphics, sound files, animation files, video files, and their arrangement, is owned by WorkerzDirect and is protected by Malaysian and international copyright laws.

23.2 No part of the website and mobile application may be modified, copied, distributed, transmitted, broadcast, displayed, performed, reproduced, published, licensed, transferred, sold, or commercially dealt with without the express written consent of WorkerzDirect.

23.3 Any product, service, program, or technology described in WorkerzDirect's documents may be subject to intellectual property rights owned by WorkerzDirect.

24. Trademarks

24.1 All trademarks, service marks, and logos displayed on this website are the property of WorkerzDirect.

24.2 Unless the prior written consent of WorkerzDirect has been obtained, no license or right is granted to any party accessing this website to use, download, reproduce, copy or modify such trademarks, services marks or logos.

25. Indemnity

25.1 You hereby irrevocably agree to indemnify and keep indemnified WorkerzDirect from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by WorkerzDirect in connection with or arising from your use or misuse of this app and the services provided herein, or your breach of these terms and conditions howsoever occasioned, or any intellectual property right or proprietary right infringement claim made by a third-party against WorkerzDirect in connection with your use of this app.

26. Communication Channel/Notices

All notices, requests and/or other communications to be given by WorkerzDirect to all registered Users under these Terms & Conditions may be either by: -

26.1 Short Messaging Service (SMS) or e-mail to your telephone number or e-mail address registered with WorkerzDirect; and/or

26.2 Published on the App; and/or

26.3 Published in national daily newspaper in the main language circulated in Malaysia and shall be deemed notification upon posting/publication.

27. Complaint to Bank Negara Malaysia or Ombudsman for Financial Services

If the Users are not happy with case resolution or feedback by WorkerzDirect arising from the initial inquiries/complaint lodged to WorkerzDirect, Users can contact BNM for further advisory as follows: -

28. Warranties & Disclaimers

28.1 WorkerzDirect does not warrant or represent that access to the whole or part(s) of this application including the materials, information and/or functions contained therein will be provided uninterrupted.

29. Exclusion of Liability

29.1 WorkerzDirect shall in no event be liable for any loss or damage howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss of profits or savings arising in connection with your access or use or the inability to access or use this app (or any third party link to or from this 3rd party app.), reliance on the information contained in the website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.

30. Exclusion of liability due to acts and/or omission by any third-party/relevant authority(ies)

30.1 WorkerzDirect shall not be responsible and liable for any claim, loss of profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages caused by any third-party/relevant authority(ies) including but not limited to the following instances: -

1. Failure to comply with the requirement set by any third-party/relevant authority(ies) by you.
2. Delay on the part of any third-party/relevant authority(ies) in processing your application; and
3. Closing/cancellation of programs by any third-party/relevant authority(ies);

31. Privacy Policy

31.1 WorkerzDirect Sdn.Bhd. (WorkerzDirect) is committed to protect the privacy and security of any personal data that Company have received from the registration and transaction under BolehPayz e-Wallet. Personal data includes information that can be linked or directed to a specific individual for example name, address, phone number or email address.

31.2 In accordance with Personal Data Protection Act 2010 of Malaysia (PDPA), any personal data provided by the Company shall be protected according to the Act. All the information provided to the Company while using BolehPayz e-wallet is for the utilization of WorkerzDirect and its verified strategic partners.

31.3 Please refer to our Privacy Policy for more information.