Terms and Conditions
1% Cashback on Spending Campaign ("Campaign")
Campaign Period: 1 August 2023 to 31 January 2024
These Terms and Conditions ("Campaign Terms") regulate your participation in the Campaign. By participating in the Campaign, you, as an eligible User (“you” or “User”), agree and accept these Campaign Terms, in addition to Vircle's Terms of Use (https://www.vircle.com/terms-of-use), Vircle's Privacy Policy (www.vircle.com/privacy-policy), which are incorporated by reference in these Campaign Terms.
Unless defined differently in these Terms and Conditions, the capitalized terms used and not defined herein have the same meanings as are given to them in the terms and conditions set out above.
Vircle has the right to change, modify, add to or otherwise vary these Campaign Terms (including to terminate the Campaign) from time to time, and in a way that Vircle deems fit in accordance with applicable laws and regulations. You agree that you are responsible for accessing, reviewing and keeping yourself updated with all these amendments. Your continued participation in the Campaign after such amendments shall be deemed as your confirmation and acceptance of such amendments and all the amendments shall be valid and applicable to you. Please do not continue with your partcipation in the campaign if you do not agree to these terms and conditions.
By participating in the Campaign, you confirm and agree that you have read, understood and agree with the Campaign Terms and Conditions.
Campaign
1. “Campaign” refers to Vircle Prepaid Card’s 1% Cashback Spend Campaign organised by Debit Circles Sdn Bhd (“Vircle”) in accordance with the Terms and Conditions stipulated herein.
Campaign Period
2. The Campaign shall run from 1 August 2023 until 31 January 2024, both dates are inclusive (“Campaign Period”) or such other period as may be determined at the discretion of Vircle with prior notice of at least five (5) calendar days (“Prior Notice”) to the Eligible Cardholders (as defined below) before the new terms and conditions take effect.
Eligibility
3. “Eligible Cardholders” refers to Vircle customers who hold an active Vircle Visa Prepaid Card (“Eligible Card”) during the Campaign Period. This excludes any card accounts which are suspended, cancelled or terminated for whatsoever reasons during the Campaign Period.
4. For avoidance of doubt, the Campaign does not require any prior registration for participation purpose.
Eligible Transactions and Cashback
5. Subject to the terms and conditions herein, all Eligible Cardholders who use their Eligible Cards to perform retail transaction(s) online or in store, will be eligible for a 1% Cashback (“Cashback”) (“Eligible Transaction”), except for transactions listed in Clause 6, up to a maximum amount of Ringgit Malaysia Five (RM5) Only per Eligible Cardholder per calendar month.
6. The Cashback will only be awarded for any spend and payments successfully charged and posted to the Cardholder’s Card account using the Eligible Card only. The following transactions shall not be eligible to earn any Cashback under this Campaign:
(a) Refunded, disputed, unauthorized or fraudulent retail transactions;
(b) ATM Cash withdrawals;
(c) Government services and transactions;
(d) Financial services transactions (e.g. transactions made to other financial institutions, transferring of value to a stored value card, purchases of other financial products, top up of e-wallet, etc.);
(e) Charity bodies;
(f) JomPay transactions;
(g) Insurance transactions;
(h) Payment of annual card membership fees, interest payments, late payment fees, charges for cash withdrawals, goods and services tax and any other form of taxes/service/miscellaneous fees using the Card; and
(i) Such other transactions as Vircle may determine from time to time.
7. The monthly Cashback earned by the Eligible Cardholders under this Campaign in a calendar month will be credited to the Principal User’s e-wallet account by the last day of the following month. By using the Card, the Eligible Cardholder shall be deemed to have accepted and agreed to this method of crediting.
8. Any accumulated Cashback including Cashback which have yet to be credited into the Principal User’s e-wallet account shall immediately be forfeited and the Eligible Cardholders will not be entitled to enjoy the benefit of the Cashback upon the occurrence of any one of the following:
(a) Any cancellation of the Card; or
(b) The Card Account becomes delinquent, terminated or suspended for whatsoever reason;
(c) The Cardholder breaches any of these Terms and Conditions or the terms and conditions in Vircle’s Terms of Use; or
(d) The Cardholder is deceased or commits an act of bankruptcy or allows a judgment to remain against him/her for more than twenty-one (21) days.
9. The Cashback is neither transferable nor exchangeable for cash, rewards points, credit, good and services, product or privileges or other kind in full or in part and is not refundable or replaceable.
10. Any Cashback awarded in respect of any reversed, voided, refunded or cancelled transactions will be deducted from the Principal User’s e-wallet account.
11. Any determinations by Vircle as to what constitutes Eligible Transaction is final, binding and conclusive and all transactions as recorded by Vircle are also final, binding and conclusive.
Liability
12. Vircle will not be liable to any Eligible Cardholder for any damages or losses suffered, including loss of goodwill, income or profits or consequential, direct or indirect, exemplary, incidental, punitive or special damages, arising from the Eligible Cardholder’s participation in the Campaign, or Vircle exercising its rights pursuant to any of the terms and conditions herein except where such actions, claims, direct losses, damages and expenses are directly attributable to Vircle’s gross negligence, willful default or fraud.
13. Eligible Cardholders agree to indemnify, defend, and hold Vircle and its representatives and agents are harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by the participant of any of these Campaign Terms and Conditions or any violation by Eligible Cardholder of applicable law.
General Terms and Conditions
14. Vircle reserves the right to cancel, withdraw, extend, terminate or suspend the Campaign in whole or in part, at any time with Prior Notice. For avoidance of doubt, cancellation, withdrawal, extension, termination or suspension of the Campaign by Vircle shall not entitle the Cardholder to any claim or compensation against Vircle for any and all losses or damages suffered or incurred by the Cardholders whether as a direct or indirect result of such cancellation, withdrawal, extension, termination or suspension.
15. Vircle shall have the right to vary, amend, delete or add to any of the terms and conditions set out herein, in whole or in any part from time to time including to vary the Campaign Period with Prior Notice.
16. The Cardholders are eligible to participate in the Campaign provided that the Cardholders have not defaulted on any terms and conditions of Vircle’s Terms of Use.
17. Vircle’s decision on all matters relating to the Campaign shall be final and binding and no correspondence or appeal will be entertained. All terms and conditions stipulated herein are governed by and construed in accordance to the laws of Malaysia and any legal disputes will be commenced and heard in the courts located in Kuala Lumpur.