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 Trusted Person in accordance with the Spend approvals established or transfer of funds to Vircle Visa performed by you).
10.2 In the event that you discover any error or discrepancy in your transaction history, you must contact us within twenty-one (21) 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 If you allow another person to have access to your Account and Services, We shall deem such access to have been authorised by you and you agree to be solely and fully liable for any and all activities and/or transactions performed by the person.
10.4 We may, at its sole and absolute discretion, resolve that your liability be limited to RM250 provided you are not found to be negligent or have not acted fraudulently, whichever is earlier. You are deemed to be negligent if you:
(a) fail to secure your Vircle Wallet account details, Vircle Visa, Vircle School Card and PIN at all times; and/or
(b) fail to freeze the Card(s) immediately in the event of loss or theft, or if you suspect that an unauthorised transaction has been conducted; and/or
(c) fail to notify Us immediately, or within twenty-one days (21) to suspend your Vircle app in the event your PIN, username or password have been compromised, or if you suspect that an unauthorised transaction has been conducted.
10.5 You agree and consent to the use by the Parties 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 the Parties 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 the Parties under these Terms of Use and/or at law, Vircle may immediately:
(a) suspend the Services; or
(b) terminate this Agreement and the Services,
in the event that you breach any warranty, representation, or terms of use in this Agreement 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:
(a) suspend the Services or part thereof provided to you; and/or
(b) terminate this Agreement and/or the Services or part thereof provided to you, by giving written notice to you.
11.4 You hereby agree that We, at our sole and absolute discretion without having to give any prior notice, may suspend, block, revoke and/or terminate your Agreement and the Services, in the event of the following:
(a) irregular, suspicious or unauthorised activity were noted in your Account;
(b) We suspect or have been informed by any party or authority that you are or may be involved in money laundering, terrorism financing, fraudulent or illegal activities;
(c) you are declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration;
(d) you are found to be in default of your debt obligations to a licensed financial institution by the Malaysian Courts; or
(e) you are deceased.
11.5 If the Parties terminate or suspend the Service or any part thereof pursuant to Clause 11.1 and Clause 11.4, the Parties shall not be obliged to refund the Available Balance (if any) until and unless clearance has been obtained from the relevant authorities, if applicable. The Parties further reserve the right to take any action against you as may be deemed necessary or required under the relevant governing laws or by the relevant governing authorities.
11.6 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.
11.7 You may request for your Account and/or Service to be suspended, unsuspended or terminated by sending an email or Whatsapp chat 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 support@vircle.com. Subject to Vircle 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 and Clause 12.7, 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 twenty-one (21) days from the date of the disputed transaction, failing which, you shall be deemed to have accepted the accuracy of your E-Money Account transaction.
12.3 Notwithstanding the above, you are only entitled to a refund if you have transacted for following Services:
(a) top-up service;
(b) refund of E-Money; or
(c) 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 in Ringgit Malaysia (“RM”) within one (1) month from the receipt of your request for refund. 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 of Use.
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. Vircle Visa
13.1 The following terms of use should be read in conjunction with the rest of the Agreement and are applicable to users of Vircle Visa.
13.2 Use of Vircle Visa
(a) Vircle Visa is a reloadable prepaid card and you acknowledge and agree that the value on Vircle Visa is limited to the funds you have transferred or which have been transferred on your behalf into Vircle Visa.
(b) The terms of use for Vircle Visa extends to all Trusted Persons you have added into your principal account and for whom you have also issued separate Vircle Visa cards. All references in this document which refers to you or your, shall also include all Trusted Persons linked to your account.
(c) You are fully responsible to secure the card at all times, avoid any disclose of your Vircle Visa card Identification number, expiry dates and CVV codes and do not share this with anyone.
(d) Vircle Visa is issued with contactless functionality. Once your Vircle Visa is activated and you have topped-up your Vircle Visa with sufficient funds, you may use your Vircle Visa to purchase goods and services worldwide anywhere a Visa card is accepted and also to access cash at ATMs or financial institutions displaying the Visa name and/or logo. Contactless payment allows you to pay amounts up to RM250 (Ringgit Malaysia Two Hundred Fifty) only per transaction without entering your PIN on applicable contactless readers. You hereby authorise Fasspay to deduct your funds from your Vircle Visa every time you use your Vircle Visa to purchase goods or services.
(e) You may use your Vircle Visa for e-commerce transactions to purchase goods and/or services and you shall be solely and fully responsible for the security of such use at all times. For all transactions processed via the two-factor authentication mechanism or 3D secure, the Parties shall not entertain any disputes from you with regard to the fact that you did not authorize or participate in the transaction nor will you be able to raise a chargeback claim for such transactions which have been processed under the two-factor authentication or 3D secure mechanism. In such cases of two factor authentication or 3D secure transactions, We will only allow chargeback due to no authorization, processing errors, service not rendered and other card acceptance violations as stipulated in the Visa chargeback rules.
(f) You may use your Vircle Visa to obtain cash withdrawals from any Automated Teller Machine ("ATM") under the Visa payment network, in which case you must use your 6-digit PIN to effect such cash withdrawals. The use of your Vircle Visa to obtain a cash withdrawal shall be deemed to constitute your agreement to pay all applicable fees and/or charges as prescribed from time to time. You cannot make ATM withdrawals in excess of the limits set by the respective ATM networks.
(g) You may use your Vircle Visa for pre-authorization, where an amount from your Vircle Visa will be automatically pre-book and reserved for certain transactions including but not limited to petrol, hotel or parking. Any excess pre-booked amount will automatically be released and made available for use by you once the acquiring bank claims for the actual purchase value.
(h) If a transaction is made in a foreign currency, Visa will convert the transaction into Ringgit Malaysia equivalent at the conversion rate as determined by Visa as at the date it is processed by Visa after merchant settlement. You will also be required to pay applicable fees and/or charges as indicated in Clause 7 of this Agreement.
13.2 Delivery and Activation of Vircle Visa
(a) Once your CDD and eKYC have been approved by Fasspay, your Vircle Visa will be delivered to you within fourteen (14) working days. Please ensure that you have provided the current and correct mailing address in your application details to avoid your Vircle Visa being sent to the wrong address.
(b) You must have a mailing address in Malaysia to enable Fasspay to process and approve your application. Mailing addresses outside of Malaysia will be rejected and Fasspay will not process or approve such applications. Fasspay shall not be responsible if you have not received your Vircle Visa if it is delivered to a wrong address due to erroneous, incomplete or not up-to-date details provided to Fasspay.
(c) You agree that you must sign the back of the Vircle Visa immediately upon receipt. You must activate your Vircle Visa in Vircle’s mobile application first before you can use it to perform any transactions.
13.3 Validity of Vircle Visa
(a) Vircle Visa is valid through the expiration date shown on the front of the Vircle Visa. You may request for the renewal of your Vircle Visa upon the expiry period, however the renewal of a new Vircle Visa shall be at the Parties’ discretion.
(b) If there is balance of funds remaining upon the expiration of your Vircle Visa and you decide to renew your Vircle Visa (subject to our approval), then the balance of funds will be transferred to your new Vircle Visa.
14. Indemnity
14.1 You hereby agree to fully indemnify and to hold the Parties, their affiliates and their respective officers, directors, employees, contractors, agents, and suppliers 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 the Parties in consequence of and/or in connection with the use of the Platform and the Services, and your breach of any of the Terms of Use and Privacy Policy.
14.2 You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Vircle or Fasspay 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.
15. Force Majeure
15.1 Without limiting the generality of any provision in these Terms of Use, the Parties 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.
15.2 Notwithstanding Clause 15.1 above, you shall remain liable to pay all fees and charges which are outstanding and/or due and payable to Vircle.
16. Customer Service
16.1 You may address your queries or complaints in relation to the Service or Platform via email at support@vircle.com or via Whatsapp at +60 11-1117 6000.
17. General
17.1 Governing Law and Jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of Malaysia, and you hereby submit to the exclusive jurisdiction of the Malaysian courts.
17.2 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.
17.3 Waiver
No failure or delay on the part of Vircle in exercising any rights or remedies under these Terms of Use 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 of Use 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 of Use shall only be valid and effective if it is agreed to by Vircle in writing.
17.4 Representations
You acknowledge and agree that in entering into these Terms of Use, 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 of Use or not) other than as expressly set out in the Terms of Use as a warranty.
17.5 Assignment
You shall not assign or novate these Terms of Use without Vircle’s prior written consent. Vircle may assign or novate these Terms of Use 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.
18. Contacting Vircle
18.1 You may also contact us for any matters related to our Platform, as follows:
DEBIT CIRCLES SDN. BHD.
Unit 19-01, Vertical Corporate Tower A
Jalan Kerinchi off Bangsar South.
59200, Kuala Lumpur
Email: support@vircle.com
Whatsapp Chat : +60 11-11176000
Operating hours : Mon - Fri, 9am - 5pm
19. Contacting Bank Negara Malaysia
19.1 You may use the BNMLINK and BNMTELELINK services regarding issues surrounding the conduct and activities of BNM regulated entities, including the issuers of Designated Payment Instruments such as Fasspay. The Parties are committed to giving its full cooperation with BNM and encourages you to make full use of the BNMLINK and BNMTELELINK services if you choose to do so. The details of BNMLINK and BNMTELELINK are set out below:
BNMTELELINK
Jabatan Komunikasi Korporat
Bank Negara Malaysia
P.O. Box 10922
50929 Kuala Lumpur
Telephone : 1-300-88-5465 (1-300-88-LINK)/(Overseas: +603-2174-1717)
Fax : 03-2174 1515
Email : bnmtelelink@bnm.gov.my
Operating hours : Mon - Fri, 9am - 5pm
BNMLINK
(Walk-in Customer Service Centre)
Ground Floor, D Block,
Jalan Dato' Onn
50480 Kuala Lumpur
Telephone : 03 2698 8044 extension 8950 / 8958
Operating hours : Mon - Fri, 9am - 5pm