1. Introduction

The Platform and the Services provided herein are made available by Debit Circles Sdn Bhd (Company Registration No.: 201801045959 (1307991-X)), carrying a brand name (“Vircle”), in collaboration with one (or more) licensed Payment Gateway Service provider (“PG”) operating in Malaysia, to you at its sole and absolute discretion and by using the Services, you unconditionally:

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(a) acknowledge that you have read and fully understood the Terms of Use - Vircle Pay Direct (“VPD”) as outlined in this document (or web URL contained herewith);​

(b) you agree and accept the VPD Terms of Use (which may include but are not limited to provisions in respect of the Financial Services Act 2013 (“FSA”), Unclaimed Moneys Act 1965 (“UMA”) and provisions of the Anti-Money Laundering and Counter Financing of Terrorism Act 2001) and other terms as outlined here in this agreement; and
(c) consent to Vircle using and processing your personal information and data in accordance with Vircle and Payex’s Privacy Policy which can be found at www.vircle.com/privacy-policy and https://www.payex.io/privacy-policy/ respectively.

 

If you do not agree to the VPD terms as outlined in this document, you are not authorized to access and use the VPD service within the platform, and you must immediately stop doing so.

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By voluntarily selecting to make a payment through a Vircle operated application, website or platform using payment methods other than the Vircle eWallet Available balance (defined as "Channels" in section 2 of this document), you are deemed to have read, accepted, agreed and be bound by the terms of use as outlined in this agreement (VPD) and related terms of use as contained in this document.

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2. Definitions

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

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“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.

“Application” or "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.

"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" means Debit Circles Sdn Bhd and its affiliates.

“Channels” means one or more banking accounts and/or service which enables a payment via a bank account, eWallet or payment card which includes (but not limited) method and means of making payments through an app as defined in Payment Services definition in section 2 of this document.

"Charges" refers to charges, fees or subscriptions for the use of certain Services rendered through the App and is visible through the App -> Settings -> Fees and Charges.

"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.

"Parties” or “we” or “us” or “our” refers to Vircle and PG collectively.

"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 and Payex Privacy Policy which can be accessed at http://www.vircle.com/privacy-policy and https://www.payex.io/privacy-policy/ respectively.

"Payment Services" means a service provided through Vircle App which enables you to perform a payment transactions using multiple payment channels and/or methods such as (but not limited to) Online Banking methods as provided for by FPX (Paynet), e-Mandate Direct Debit Channel as provided for by Paynet, Bank Card Payments such as cards issued under trademark of VISA™, Mastercard™, Union Pay™, eWallet issued by issued such as ALIPAY™, ALIPAY+™, GRAB™, Touch and Go™, BOOST™ , future payment channels such as DuitNow™ and other channels that we may introduce from time to time.
"Paynet" refers to Malaysian Payments Network Provider (Company Registration No.: 200801035403 (836743-D)) that operates one or more payment method systems defined in Payment Services.
“Payment Charged Date” the date the Payment Card nominated by the user is charged.
“Dispute Period” 14 calendar days from Payment Charges date
"Terms of Use" means these terms, as may be amended from time to time.

"Transaction" has the meaning prescribed to it in Clause 3.2.

"User" or “you” or “your” refers to a user who has registered for an Account with Vircle as per Clause 3.1 outlined in the Vircle eWallet terms of use as found at https://www.vircle.com/terms-of-use

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3. Use of Services

3.1 In order to obtain access to Vircle Pay Direct payment services, you must first set up a Vircle eWallet account and become an active user as defined under Vircle’s ewallet terms of use available at https://www.vircle.com/terms-of-use. You shall remain bound by the terms of use outlined in Clause 3.1 under Vircle’s ewallet terms of use when exploring, using and entering into a contract for VPD outlined in this VPD terms of use.

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

(a) make payments for services offered to you by us;

(b) make payments for services offered to you by our participating merchant partners where applicable and relevant to you; and

(c) perform the registration and execution of recurring payment mandates against one or more of your approved channels which enables the platform to execute recurring payments without your presence and where you have approved such recurring payment mandates via the platform in advance.

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For clarity, this terms of use excludes any payments made to us or our merchant partners using the Vircle eWallet, which shall remain governed under separate terms of use as outlined in Clause 3.1.

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3.3 You agree that any transaction entered into between you and such participating merchant partners using VPD as a payment service for goods and/or services offered by them shall be subject to the terms of use which may be stipulated by such third parties separately.

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3.4 You hereby agree that you shall ONLY use the VPD service to make payments for yourself or payments related to you, your family and for payments which are directly related to business relationship(s) which you may have entered with us or through us towards one or more of our merchant partners. 

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3.5 You shall not use your VPD services for making payments on behalf of any other persons or save your banking details or access your banking accounts through a VIRCLE app account of another user.

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3.6 We reserve the right to change these Terms at any time by email to your nominated email address or by posting a notice on the Website. You are responsible for ensuring you are familiar with the latest Terms. A 21-day notice (“Notification Period”) shall be provided in the event terms as outlined in this document is updated.

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3.7 If you continue to access and use the VPD Service from the expiry of the 21-day notification period date on which the Terms are changed, you agree to be bound by the revised Terms.

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3.8 We may delegate the satisfaction of our obligations under these Terms to any of our Affiliates.

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3.9 We reserve the right to cancel or refuse to process any payment or impose limitations on the size, frequency and time frame of the payments we allow you to make or receive using the VPD Service. If we cancel, refuse to process a payment or impose any such limitation we do not have to give you a reason for doing so. 

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3.10 You agree to keep your personal information, Password and PIN Number for your Account and other information secure.

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3.11 You will 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;

(a) you will 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 VPD Service;

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(b) you will be responsible for all equipment necessary to use the VPD Service and Vircle App, and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the VPD Service;

(c) where applicable, you will 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;

(d) you will 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.​

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4. Security and Fraud

4.1 You agree to take all reasonable steps to prevent fraudulent, improper or illegal use of the VPD Service.

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4.2 When accessing the VPD service, you shall:

(a) not impersonate another person or misrepresent authorization to act on behalf of others or us;

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(b) correctly identify the merchant, the purpose of payment for all payments made prior to making payments;

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(c) not attempt to undermine the security or integrity of our Underlying Systems;

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(d) not use, or misuse, the VPD Service in any way harm, impair or bring to disrepute the VPD services offered by us to any other user of the VPD Service; and

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(e) will not use VPD as a fraudulent means to perform a cash out via wrong and dubious payments made via the Vircle App followed by a request to refund such transactions.

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4.3 You shall not:

(a) use the VPD Service and/or the Platform to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person;

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(b) use the VPD Service to cause excessive or disproportionate load on the Service or Vircle’s system;

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(c) use the VPD Service 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;

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(d) use the VPD Service for any purpose which is against public interest, public order or national harmony;

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(e) use, permit or cause to be used the VPD Service 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;

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(f) 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”) or use the VPD Service 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;

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(g) 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 VPD Services;

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(h) attempt to download the App for the use of the VPD 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;

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(i) copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer and/or otherwise make available any of the VPD Services or any information obtained by you while using the VPD Service;

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(j) copy or use any material from the Platform and/or the VPD Service 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;

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​(k) use any of our trademarks, logo, URL or product name without Vircle and PG’s express written consent;

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(l) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the VPD Service; and

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(m) impersonate or misrepresent your affiliation with any person or entity.

 

4.4 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 support@vircle.com to request a reactivation of your Account.

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5. The Parties' Rights

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

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5.2 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.

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5.3 We 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 VPD Service.

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​5.4 Vircle may run campaigns/contest or promotions in relation to the VPD 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 of use of such campaign/contest/promotion.

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5.5 You agree that by using the VPD, you are consenting to the use and/or disclosure of the information collected by Us from you (“Personal Information”) within the Platform and through your use of the VPD, 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.

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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, Vircle and PG's name, logo and/or product name appearing on the Platform and/or Services are the trademarks of Vircle and PG and/or its affiliates and no right or license is granted to use them.

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

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6.3 You are only allowed to use the Platform and the Services in accordance with the Terms of Use, 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.

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7. Charges

7.1 Vircle reserves the right to impose any Charges for the use of VPD Services, if such Charges are required. Please refer to latest fees and charges as published in the Fees and Charges page at https://www.vircle.com/fees-charges or through the Vircle application (Settings -> Fees & Charges). Vircle reserves the right to revise such charges from time to time.

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7.2 You agree and undertake to pay all Charges arising out of and in connection with the use of the VPD Services.

 

7.3 If any supply made under these Terms of Use 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.

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7.4 In accessing and using the VPD 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.

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7.5 You agree that all charges paid to and in connection with the use of the Services provided are non-refundable under any circumstances whatsoever.

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8. The Parties’ Liability and Liability for Service

8.1 The Parties 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.

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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.

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

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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 of use and fully indemnify and to hold Vircle harmless from and against any claim resulting from your breach of any of the said terms of use.

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8.5 The Parties assume 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.

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

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8.7 Notwithstanding anything to the contrary contained herein, the maximum liability of the Parties shall not exceed the VPD Fee and Charges paid by you to us for the VPD transaction that gave rise to such claim.

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9. Exclusion of Liability

9.1 The Parties 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, the Parties specifically excludes all liability whatsoever in respect of any loss arising as a result of:

(a) 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;

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(b) 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; and

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(c) any lost or stolen E-Money instruments and fraudulent transactions, whether or not through the use of the Services.

 

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

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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 Section 11: Termination and Suspension.

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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.

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9.5 The Parties do not represent or warrant that:

(a) the use of the Platform and/or Services will be secure, timely, uninterrupted or error free or operate in combination with any other hardware, software, system or data;

(b) the Platform and/or Services will meet your requirements or expectations;

(c) any stored data will be accurate or reliable;

(d) errors or defects in the Platform and/or Services will be corrected; or

(e) the Platform and/or Services are free of viruses or other harmful components.