Terms and Conditions of Use

1.Introduction

The Platform and the Services provided herein are made available by Debit Circles Sdn Bhd] (Company Registration No.1307991-X]) carrying a brand name (“Vircle”) to you at its sole and absolute discretion and by using the Services, you unconditionally:

 

  1. acknowledge that you have read and fully understood these Terms and Conditions and agree to be bound by these Terms and Conditions; and

  2. consent to Vircle using and processing your personal information and data in accordance with Vircle’s Privacy Policy which can be found at www.vircle.com/privacy-policy.

 

If you do not accept these Terms and Conditions, please do not continue with the registration process, Activation or the use of the Service(s).

2.Definitions

In this Agreement, unless the context requires otherwise, the following words and phrases shall have the meanings assigned to them:

 

“Account” means your Vircle Wallet account which is linked to the registered telephone number of your Mobile Device and which records, among others, the amount of E-Money available to you for your use.

"App" means the mobile application named “Vircle” or such other name as may be determined by Vircle from time to time.

"Applicable Taxes" has the meaning prescribed to it in Clause 7.3.

"Authentication" or "Authenticate"

means a confirmation sent by you to Vircle authorizing a particular transaction undertaken or transacted by you. Such authentication shall be in a manner stipulated or determined by Vircle from time to time, which will include, but is not limited to, keying in your PIN number.

"Available Balance"

means the funds in the form of Electronic Money available in the User’s Wallet which can be used at any given time subject to the Wallet/Transaction Limit.

"Vircle" or "we" or "us" or "our" means Debit Circles Sdn Bhd and its affiliates.

"Charges" has the meaning prescribed to it in Clause 7.

"Electronic Money" or "E-Money" means money in digital form provided by Vircle in exchange for monies paid to Vircle and which may utilized by you for your own self or by a Vircle Friend to make payment, to cash out and/or to undertake such other transactions which may be stipulated by Vircle from time to time.

"FAQ" means frequently asked questions as made available on the Platform.

"Mobile Device" means a portable and wireless telecommunications device together with accessories including but not limited to smartphones and handheld tablets used by you to access and/or use of the Platform and the Services.

"Password" means the User's secret word or phrase used to log into his/her Account on the App.

"PIN Number" refers to the unique personal identification number set by User during registration process to authorize or pre-authorize every payment made from the wallet.

"Platform" refers to Vircle's website, App or any other platforms that can be used to access the Service.

"Privacy Policy" Refers to the Vircle Privacy Policy which can be accessed at http://www,vircle.com/privacy-policy

."Services" means a service provided by Vircle via the Platform which enables you to perform the Transactions.

"Terms and Conditions" means these terms and conditions, as may be amended from time to time.

"Top-Up" means the topping up of the Electronic Money into your Account.

"Transaction Limit" means the limit imposed on relevant Transaction in any one (1) calendar day as may be prescribed by Vircle.

"Transaction" has the meaning prescribed to it in Clause 3.6.

“Trusted Persons” has the meaning prescribed in Clause 3.9.

"User" refers to a user who has registered for an Account with Vircle as per Clause 3.1 in order to use the Services and to whom the Electronic Money will be issued.

“Vircle Friend” or “V-Friend” refers to other Vircle users or Trusted Persons whom the User has added into his/her Vircle Friends list.

“Vircle Give” or “V-Give” refers to spending approval established by the User to his/her Vircle Friend, wherein the User may authorise the Vircle Friend to spend a pre-determined amount of money from the User’s Wallet in line with any additional rules set out by the User, or as otherwise described in Clause 3.9.

"Vircle QR" shall have the meaning assigned in Clause 3.9.

"Wallet Limit" means the maximum amount of Electronic Money that can be stored in your Account at any point in time depending on the type of your Wallet as approved by Bank Negara Malaysia. We reserve the right to revise the Wallet Limit in accordance with any instructions/ regulations/ rules prescribed by Bank Negara Malaysia.

"Wallet" means the electronic wallet in which the User to store his/her Electronic Money and which allows the User to make Transactions.

3.Use of Services

3.1 You will be required to create an Account in order to use the Services on the Platform. This Account can be created by clicking the "Sign Up" option and following the instructions thereafter. In creating your Account, you may be required to provide some personal information, including but not limited to:

  1. name as per your identity card/passport;

  2. NRIC/Passport number;  

  3. mobile number; and

  4. other similar identification information.

3.2 You represent and warrant that all information provided to us in the creation and maintenance of your Account is true, up-to-date and complete. You further agree to provide us with true, up-to-date and complete information of yourself including all identification, verification or other documentation required by Vircle, Bank Negara Malaysia or other relevant authorities from time to time.

3.3 If you are below 18 years old, you must obtain consent from your parent(s) or legal guardian(s) prior to creating an Account. Your parent(s) or legal guardian(s) shall be responsible for:

  1. your access and use of the Platform and/or the Services;

  2. any charges associated with your use of the Services; and

  3. your compliance with these Terms and Conditions.

 

If you have not obtained consent from your parent(s) or legal guardian(s), you must cease accessing the Platform and using the Services.

3.4 You shall be personally liable and responsible for keeping secure your Account log-in details, Password, PIN Number and all other information relating to your Account and shall not share any details with other any other persons or third parties.

3.5 You agree not to hold us liable for any loss or damage arising from your failure to keep information relating to your ​Account secure and confidential, or for any acts or omissions from your use of the Platform.

3.6 Through the Services made available to you via the Platform, you may perform the following transactions (“Transactions”):

  1. Register for an Account;

  2. register third parties as “Trusted Persons”;

  3. add or remove Trusted Persons or Vircle users into your Vircle Friend list and establish V-Give approvals to Vircle Friends as further detailed in Clause 3.9 below;

  4. utilize V-Give approvals allocated to you by other Vircle users;

  5. make payments to and receive payments from Vircle, third parties (including participating merchants) and, where applicable, other Vircle users;

  6. Top-Up your Wallet;

  7. receive Electronic Money refund; and

  8. any other service as may be introduced and announces by us from time to time.

 

The Transactions above shall only be undertaken and/or transacted with Electronic Money.

 

3.7 The Services may allow you to purchase goods and/or services from participating merchants. Any transaction entered into between you and such participating merchants for goods and/or services offered by them shall be subject to the terms and conditions which may be stipulated by such third parties.


3.8 Such transactions shall be entered into at your own risk and you acknowledge and agree that Vircle shall not have any responsibility and/or liability for the products and/or services offered by the participating merchants to you including but not limited to the delivery, quality (including any defects or deficiency in the products and/or services), safety or the fitness for purpose of the products and/or services purchased by you from such third parties. Vircle shall not be responsible for the refusal of any participating merchant to honor or accept your purchases or payments made through the use of the Services. You further acknowledge and agree that you shall not initiate any legal proceedings against us for any claims you may have against such participating merchants or any other third parties.

3.9 The App allows you to create unique Quick Response (QR) codes (“Vircle QR”) which can then be designated to Trusted Persons and/or Vircle Users within the User’s Vircle Friends List. “Trusted Persons” refer to family members or friends of the User who are registered onto the Platform by the User. In registering Trusted Persons onto the Platform, the User will be required to provide certain information relating to such person, including but not limited to, name, identification number, nationality and date of birth. The User may also be required to verify the Trusted Person’s identity by providing photos of the Trusted Person and/or photos of the Trusted Person’s identification card.

3.10 By registering the Trusted Person on the Platform, you warrant that all information provided thereto is true, accurate and up to date and that you have obtained the consent of the Trusted Person prior to registering them onto the Platform. You further agree that you shall be responsible for all actions undertaken by the Trusted Person in relation . For the avoidance of doubt, by registering a Trusted Person on the Platform, the Trusted Person will not be provided access to the functionalities of the Platform and/or the Services other than the V-Give allocation, which is utilised by the Trusted Persons via the Vircle QR (as further detailed below).

3.11 Within the App, you will able to add/remove Trusted Persons and Vircle users into your Vircle Friends list and subsequently, establish V-Give approvals to your Vircle Friends. V-Give approvals can be established in any of the following formats:

  1. you may grant an approval to a Vircle friend to spend a pre-determined amount of E-Money from your Wallet at a time or store that you have designated; or

  2. you may grant an approval to your Vircle Friend to receive one or more items to be paid by you at a specified time or merchant at a specific E-Money value.

3.12 In using the App and the Services:

  1. you authorize the deduction of Electronic Money and/or funds from your Account and the deposit of Electronic Money and/or funds into your Account to carry out the relevant transactions initiated for you personally or transactions initiated by your Vircle Friends in line with the V-Give approvals you have established within the Platform;

  2. your use of the Service is subject to the Wallet Limit and the Transaction Limit applicable to your Account. This qualification includes, but is not limited to, situations where you are restricted and/or prohibited from performing a Top-Up transaction where the total amount in your Account will exceed your Wallet Limit;

  3. you shall ensure that there is sufficient Available Balance in your Account to cover the total cost of the transaction undertaken on the Platform (including any taxes and other applicable fees or charges) failing which Vircle reserves the right to block, reject or decline the transaction (subject to subclause (d) below); and

  4. notwithstanding subclause (c) above, where a transaction is initiated by a V-Friend in line with the V-Give approval established by you but there is insufficient Available Balance in your Wallet, you authorize Vircle to automatically deduct any outstanding amount from your Vircle Wallet upon the next successful Top Up.

3.13 Vircle does not make any warranty, representation and/or undertaking (expressly, impliedly or otherwise) that the App and any subsequent revisions, modifications, updates, upgrades or versions thereto is and would be compatible with your Mobile Device. It is your responsibility to ensure that the App is compatible with your Mobile Device at all times and you agree that Vircle shall not be liable in any manner whatsoever for any liability, loss, damages, cost and expense suffered and/or incurred by you due to the App being incompatible with your Mobile Device.

3.14 The record of all Transactions authenticated by PIN Number shall be binding and conclusive evidence of your Transactions. Any information, instructions and/or confirmation sent from the Mobile Device via the Account shall be deemed to have been issued by you notwithstanding that such information, instructions and/or confirmation may have been issued by a third party, whether authorised or otherwise, Vircle shall deem that the Services has been accessed legitimately and the Transactions conducted shall be valid. Vircle shall not entertain any request to reverse any wrongful Transactions Authenticated through the Transaction PIN Number and Mobile Device number registered for the Account. You shall be responsible for the use of your Account unless it can be established that such transactions were erroneously transacted due to negligence on Vircle’s part.

3.15 You may opt out from the Service at any time by deleting your Account. You may delete your Account by sending us an email at support@vircle.com.

4.Your Responsibility

4.1 You shall:

  1. keep your personal information, Password and PIN Number for your Account confidential at all times and shall take all necessary steps to prevent the disclosure of your Password and PIN Number;

  2. ensure that all information and data provided to Vircle including personal data are true, accurate, updated and complete at the time of provision and shall promptly update such information and data if there are any changes to the same. Vircle shall not be responsible and liable to you for any inaccurate or incomplete information/data provided to Vircle;

  3. ensure that all information and data provided to Vircle on behalf your Vircle Friends are accurate.

  4. ensure that before authorising any V-Give approvals to Vircle Friends, you have selected the correct Vircle Friend from the Vircle Friends list and identified the correct amount/rules;

  5. ensure that you have sufficient Available Balance in the Wallet to fulfill all transactions undertaken by you or by your Vircle Friends in line with the V-Give approval;

  6. comply with all notices or instructions given by Vircle from time to time in relation to the use of the Mobile Device to access the App and the Service;

  7. be responsible for all equipment necessary to use the Service and App, and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service and Platform;

  8. be responsible for all payment of the fees, charges, taxes and duties for using the Services including but not limited all fees, charges, taxes and duties applicable for the purchase of products and/or services from Vircle or third parties in a timely manner;

  9. be fully responsible for any and all data transmitted or broadcasted from your Mobile Device whether by you or any other person using your Mobile Device;

  10. comply with all applicable laws of Malaysia relating to the Services, including the Communication and Multimedia Act 1998, Financial Services Act 2012, Anti Money Laundering Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and their respective subsidiary legislation, as may be amended from time to time; 

  11. take all reasonable steps to prevent fraudulent, improper or illegal use of the Service;

  12. report immediately to Vircle upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to the Mobile Device and its use and you further agree to lodge a police report in relation to the same whenever required by Vircle and to provide Vircle a certified copy of such report;

  13. download and install the official App from the Google Playstore and/or Apple iOS store. Any downloads and installation outside from outside the platforms above mentioned will be deemed unlawful and Vircle will not be liable to fulfill any actions undertaken by the User from such unauthorized app; and

  14. fully indemnify and shall keep Vircle fully indemnified against any loss, damage, liability, cost or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorized use or exploitation of the Services or part thereof.

4.2 You shall not:

  1. use the Service and/or the Platform to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person;

  2. use the Service and/or the Platform to cause excessive or disproportionate load on the Service or Vircle’s system;

  3. use the Service and/or the Platform for any unlawful purposes including but not limited to vice, gambling, money laundering, terrorism financing or other criminal purposes whatsoever or for sending to or receiving from any person any message which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character;

  4. use the Service and/or the Platform for any purpose which is against public interest, public order or national harmony;

  5. use, permit or cause to be used the Service and/or Platform improperly or for any activities which breach any laws, infringe a third party’s rights, or breach any directives, content requirements or codes promulgated by any relevant authority including activities which will require Vircle to take remedial action under any applicable industry code or in a way interferes with other users or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying the Service or the internet;

  6. circumvent user authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with service to any user, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Vircle’s legitimate web pages (referred to as “page-jacking”), or use the Platform or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability, and Vircle will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;

  7. attempt to probe, scan or test the vulnerability of any of Vircle's system or network or breach any security or authentication measures;

  8. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of the service providers or any other third party (including other users) appointed by us to protect our ability to provide the Services;

  9. attempt to download the App for the use of the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other approved third-party web browsers;

  10. copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer and/or otherwise make available any of the Services or any information obtained by you while using the Services or while accessing the Platform;

  11. remove, change and/or obscure in any way anything on the Platform and/or the Services or otherwise use any material obtained whilst using the Platform and/or the Services except as set out in the Terms and Conditions; and

  12. copy or use any material from the Platform and/or the Services for any commercial purpose, remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material, or from any material copied or printed off from the Platform, or obtained as a result of the Services.

  13. use any of our trademarks, logo, URL or product name without Vircle’s express written consent;

  14. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service; and

  15. impersonate or misrepresent your affiliation with any person or entity.

4.3 Notwithstanding anything to the contrary, if any information provided by you is suspected or found to be untrue, inaccurate, not current or incomplete, Vircle has the right to immediately terminate your account and refuse any and all current or future use of the Services or access to the Platform. Please contact us at [email] to request a reactivation of your Account.

5.Vircle's Rights

5.1 Vircle reserves the right to make any alteration or changes to the Service, or any part thereof, or suspend or terminate the Service or any part thereof without prior notice and Vircle shall not be liable for any loss or inconvenience to you resulting therefrom.
 

5.2 Vircle reserves the right at its absolute discretion, to vary, add or otherwise amend these Terms and Conditions or any part thereof, from time to time, by giving you a twenty-one (21) day notice to you via the App or any other electronic channel. Your continued use of the Service after the effective date of any change, variation, addition or amendments to these Terms and Conditions shall constitute your unconditional acceptance of such variations, additions or amendment.


5.3 Unless otherwise notified by you, you agree that Vircle may send you notifications relating to promotional and marketing activities from time to time. You may opt out from receiving any promotional or marketing messages from Vircle by unsubscribing via email or contacting our customer service.


5.4 Vircle may extract personal information or any other data from your Account which is required to be used as evidence in court and/or when necessary in the event of a suspected and or proven misuse of the Service.

5.5 Vircle may run campaigns/contest or promotions in relation to the Service as may be notified to you from time to time. You agree that your participation in such campaign/contest/promotion shall be subject to the specific terms and conditions of such campaign/contest/promotion.


5.6 You agree that by using the Services, you are consenting to the use and/or disclosure of the the information collected by Vircle from you (“Personal Information”) within the Platform and through your use of the Services,  in accordance to our Privacy Policy as posted on our website and Personal Data Protection Act 2010. You are advised to read our Privacy Policy to understand your rights with regards to your Personal Information.

6.Intellectual Property Rights

6.1 The Intellectual Property Rights in respect of all materials including without limitation all current and future copyrights, patent, trademarks, rights in databases, inventions or trade secrets, know-how, rights in designs, trade and business names, domain names, get up and devices which are capable of being protected and/or enforced in Malaysia and/or any relevant country of the world, any brand names, trademarks, services, products, hardware and software shall remain vested in the party originating. For clarity purposes, all trademarks used on the Platform and/or the Services are the trademarks of Vircle unless specified otherwise.

6.2 You acknowledge and agree that the Services and the Platform are protected by copyright, trademark, service mark, patent, or other proprietary rights and laws. All rights are expressly reserved.

6.3 You are only allowed to use the Platform and the Services in accordance with the Terms and Conditions, and nothing on the Platform and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property of other proprietary rights of Vircle.

 

7.Charges

7.1 Vircle reserves the right to impose any charges, fees or subscriptions (“Charges”) for the use of certain Services, if such Charges are required. Some Services may be chargeable as indicated on the Platform and in any accompanying Terms and Conditions, including but not limited to:

Description

Fees

Account opening

Free

Top-up

Please refer to the Vircle Application -> Settings -> Fees & Charges

Make a payment to merchant

Refund of Available Balance from Vircle Wallet (upon request)

 

7.2 The Charges, where applicable, are payable in the following manner:

  1. by deducting from your Vircle Wallet account;

  2. via credit or debit cards listed on the Platform;

  3. via online banking

7.3 If any supply made under these Terms and Conditions is a taxable supply to which the applicable taxes, including but not limited to the sales and service tax, would apply (“Applicable Taxes”), then Vircle reserves the right to levy the Applicable Taxes at the prescribed rate and you agree to pay the amount of the Applicable Taxes.

7.4 In accessing and using the Platform and/or Services, you shall be fully responsible and liable for all charges and payment due to your communications services provider to access the Platform and the Services including but not limited to telephone charges and internet/data charges

 

8. Vircle’s Liability and Liability for service

8.1 Vircle shall not be liable for any liability, loss, damages, cost and/or expenses (whether direct or indirect), or for loss of revenue, loss of business, loss of profits or any consequential or indirect loss whatsoever as a result of your use and/or misuse of the Service.
 

8.2 It is your sole responsibility to make all reasonable effort to ensure your App is up to date. The Services and, in particular, the Charges are periodically updated and you should check the Platform regularly to ensure that you have the latest information. You should also ensure that you are using the latest version of the App.
 

8.3 You acknowledge that Vircle is unable to exercise control over the security or subject matter passing over the telecommunication provider’s network, the Platform or via the Services, and Vircle hereby excludes all liability of any kind for the transmission or reception of infringing any subject matter of whatever nature.
 

8.4 The Platform may contain links to website, web pages operated by third parties and you agree that your use of each website, webpage and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services of these third parties. You shall comply with the said terms and conditions and fully indemnify and to hold Vircle harmless from and against any claim resulting from your breach of any of the said terms and conditions.


8.5 Vircle assumes no responsibility for and does not endorse unless expressly stated, created or published by third parties that is included in the Platform and the Services or which may be linked to and from the Platform.
 

8.6 The Platform and/or the Services may be used by you to link into other applications, websites, resources and/or networks worldwide. Vircle accepts no responsibility for the services, and you agree to conform to the acceptable use policies of such website, resources and/or networks.


8.7 Notwithstanding anything to the contrary contained herein, the maximum liability of Vircle shall not exceed an amount equivalent to the aggregate sum of the Available Balance of your Account at the date on which your claim arises.

 

9.Exclusion of Liability

9.1 Vircle shall not be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of, or in connection with the performance of, or use of Services available on the Platform and in particular, but without limitation to the foregoing, Vircle specifically excludes all liability whatsoever in respect of any loss arising as a result of:
 

  1. use which you make of the Platform and the Services, or reliance on Services, or any loss of any Services resulting from delays, non-deliveries, missed deliveries, or service interruptions; and

  2. defects that may exist for any costs, loss of profits, or consequential losses arising from your use of, or inability to use or access, or a failure, suspension or withdrawal of all or part of the Platform and the Services at any time.
     

9.2 All conditions or warranties that may be implied or incorporated into the Terms and Conditions by law, or otherwise are hereby expressly excluded to the extent permitted by law.

9.3 In the event that you are not satisfied with the Services provided through the Platform, you can choose to discontinue with the Services in accordance with Clause 11.6.
 

9.4 Vircle makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third-party networks which we have no control. The internet is not a secure environment. Unwanted programs or materials may be downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge. We recommend that you be wary of such risks and that you check the transaction history on the Platform regularly.

10.Disputed Transactions

10.1 You are fully responsible for all products and services purchased through your Account or anytime when you authorize and authenticate amounts to be deducted from your Account (including when such transaction is initiated by your Vircle Friend in accordance with the V-Give approval you have established).

10.2 In the event that you discover any error or discrepancy in your transaction history, you must contact us within fourteen (14) days from the date of the disputed transaction, failing which you shall be deemed to have accepted the accuracy of your transaction. In the event that it is revealed in the course of our investigation that the disputed transaction was indeed made in error by us, we will refund the disputed sum in the manner as stated in our Refund Policy as stated in Clause 12.

10.3 You agree and consent to the use by Vircle and/or its employees, personnel and advisors of any information related to you, the particulars of the transaction(s) or any designated account relating to the transaction(s) for the purpose of investigating any claim or dispute arising out of or in connection with the disputed transaction(s) and that this consent shall survive the termination of the Service and/or this Agreement for the duration as deemed necessary by Vircle to fulfil its legal obligations. You further agree that in the event of a dispute or claim of any nature arising in respect of any transaction, the records of the transaction(s) generated by us shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim.

11.Termination and Suspension

11.1 Without prejudice to any other rights and remedies of Vircle under these Terms and Conditions and/or at law, Vircle may immediately:

  1. suspend the Services; or

  2. terminate this Agreement and the Services,

 

in the event that you breach any warranty, representation, terms and conditions of these Terms and Condition by written notice to you.

11.2 The suspension of the Service with respect to a particular breach shall not in any way prejudice or prevent Vircle from exercising its right to terminate this Agreement and the Services with respect to the same breach.

11.3 Notwithstanding anything to the contrary, Vircle may, at any time, for any reason whatsoever and without any liability to you:
 

  1. suspend the Services or part thereof provided to you; and/or

  2. terminate this Agreement and/or the Services or part thereof provided to you, by giving written notice to you.   

11.4 If Vircle terminates or suspends the Service or any part thereof pursuant to Clause 11.1, Vircle shall not be obliged to refund the Available Balance (if any) until and unless clearance has been obtained from the relevant authorities, if applicable.

 

11.5 In the event the Account and/or Service has been suspended and you request for reactivation of the same, Vircle may at its absolute discretion reactivate the Account and/or Service subject to any requirements as may be determined by Vircle.

11.6 You may request for your account to be suspended or unsuspended by email or in app request to the Vircle customer service team. Further validation will be required for authentication purposes.

 

12.Refund Policy

12.1 If you need a refund in respect of any fees or payments made towards the Service or any part thereof, please contact Vircle at [link]. Subject to Vircle’s determining to its satisfaction that your money was wrongly deducted from your Account for Payment by Vircle due to (i) technical error of Vircle where your attempted Transaction does not go through; (ii) services purchased in App was not made available, Vircle may refund to your Account such money which was wrongly deducted. Subject to Clause 12.6, the refund process shall be completed within one (1) month from the receipt of your request for refund.


12.2 If you discover any error or discrepancy in your Account as stated in Clause 12.1 above, you must contact Vircle within fourteen (14) days from the date of the disputed transaction, failing which, you shall be deemed to have accepted the accuracy of your Electronic Money Account transaction.


12.3 Notwithstanding the above, you are only entitled to a refund if you have transacted for following Service:
 

  1. Top-Up service;

  2. refund of E-Money; or

  3. any other Services to be decided by Vircle.

12.4 We shall not be responsible to settle any dispute that you may have with participating merchants or any such other persons for the purchase of goods and services using the Services. You shall be responsible to contact the respective persons for a refund for products or services purchased from the merchants. We shall not liable for any disputes that you may have with the participating merchant or such other persons and you hereby agree to pay us all Fees and Charges due to us and the participating merchant or other such persons for the value of the transaction, notwithstanding any dispute.

 

12.5 In the event you terminate the Service and you are entitled to a refund of the Available Balance in your Account, the sum shall be credited to your nominated bank account. You shall provide to Vircle all necessary information and documents for the purpose of refund upon request.


12.6 Vircle reserves its right not to refund any disputed amount to you if Vircle believes you acted in contrary to these Terms and Conditions.


12.7 In the event the Service or your Account is ceased, terminated or suspended by Vircle due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013 and/or Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 or any regulation and/or guidelines made thereunder), you shall not be entitled to obtain any refund of the Available Balance whatsoever and it shall be lawful for Vircle to retain for an indefinite period or release to the relevant authorities the Available Balance in accordance with applicable legislation, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.

13.Indemnity


13.1 You hereby agree to fully indemnify and to hold Vircle harmless from and against any claim brought by a third party resulting from the use of the Platform and the Services in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered, or incurred directly or indirectly by Vircle in consequence of and/or in connection with the use of the Platform and the Services, and your breach of any of the Terms and Conditions.

 

13.2 You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Vircle arising from the above claims, and shall provide Vircle with notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at your sole expense.

14.Force Majeure

14.1 Without limiting the generality of any provision in these Terms and Conditions, Vircle shall not be liable for any non-performance and/or delay in performance of its obligations herein (including but not limited to the non-availability and/or interruption in the Services) caused by Force Majeure.


14.2 Notwithstanding Clause 14.1 above, you shall remain liable to pay all fees and charges which are outstanding and/or due and payable to Vircle.


15.Customer Service

15.1 You may address your queries or complaints in relation to the Service or Platform via email at [Email] or by sending in a request from the App in the FAQ section.

 

16.General

16.1 Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia, and you hereby submit to the exclusive jurisdiction of the Malaysian courts.

 

16.2 Severability

Where any provision of, or the application of any provision of this Agreement is illegal or unenforceable or deemed to be illegal or unenforceable, the provision shall continue to apply with the necessary modification in order that the provision is legal, valid and enforceable provision. In the event that it is not possible to modify the relevant provision to make the provision legal, valid and enforceable, then such part of the provision which is illegal, invalid or unenforceable shall be severed but the remaining parts of the provision shall remain unaffected.

16.3 Waiver

No failure or delay on the part of Vircle in exercising any rights or remedies under these Terms and Conditions at any time or for any period of time, nor any knowledge or acquiescence by Vircle of any breach of any provision of these Terms and Conditions shall operate as or be deemed to be a waiver thereof nor shall a waiver by Vircle of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

Any waiver of any right or remedy of Vircle under these Terms and Conditions shall only be valid and effective if it is agreed to by Vircle in writing.


16.4 Representations

You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Terms and Conditions or not) other than as expressly set out in the Terms and Conditions as a warranty.


16.5 Assignment

You shall not assign or novate these Terms and Conditions without Vircle’s prior written consent.

Vircle may assign or novate these Terms and Conditions to any third party by written notice to you and you shall execute such documents as may be reasonably required to give effect to the assignment or novation.

 

17.Contacting Vircle

17.1You may also contact us for any matters related to our Platform, as follows:

DEBIT CIRCLES SDN. BHD.

Level 19, Boutique Office 1 (B01-C)

Menara 2, KL Eco City,

No 3, Jalan Bangsar, Kampung Haji Abdullah Hukum,

59200, Kuala Lumpur

Email: support@vircle.com

18.Contacting Bank Negara Malaysia

18.1You may also contact Bank Negara Malaysia for any matters related to your e-money account, as follows:

BNMTELELINK

Jabatan Komunikasi Korporat

Bank Negara Malaysia

P.O. Box 10922

50929 Kuala Lumpur

 

Telephone:       1-300-88-5465 (1-300-88-LINK)

Fax:                  03-2174 1515

Email:               bnmtelelink@bnm.gov.my

Operating hours: Mon - Fri, 9am - 5pm

 

BNMLINK

Telephone:       03 2698 8044 extension 8950 / 8958

Operating hours: Mon - Fri, 9am - 5pm

 

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