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General Terms of Use
1. PROPRIETARY RIGHTS
1.1. You acknowledge and agree that Curlec owns all rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether registered or not). You further acknowledge that the Services may contain information which is designated confidential by Curlec and that You shall not disclose such information without Curlec’s prior written consent.
1.2. Curlec grants You a personal, non-exclusive, non-transferable, limited privilege to avail the Services and make personal use of the Website and/or the Services. This license does not confer any right to download, copy, create a derivative work, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Services. You do not have the right to use any of Curlec’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services.
2. USAGE OF THE WEBSITE AND USE OF SERVICES BY THE USER
2.1. You shall register to become a user of the Website only if You are of the age of 18 or above and can enter into binding contracts as per Applicable Laws. You are responsible for maintaining the secrecy of Your passwords, login and account information. You will be responsible for all use of the Website and/ or Services by You and anyone using Your password and login information (with or without our permission). You are responsible for maintaining the confidentiality of any login information and secure access credentials associated with Your Curlec account. Accordingly, You are responsible for all activities that occur under Your account/in using Your secure credentials and Curlec shall not be liable for any such change or action performed by using Your secure credentials on the Website.
2.2. You also agree to provide true, accurate, current and complete information about Yourself as and when prompted by the Website. If You provide any information that is untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate or incomplete), or Curlec has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, Curlec shall have the right to suspend or terminate Your account and/or refuse any and all current or future use of the Website (or any portion thereof) or Services in connection thereto.
2.3. By making use of the Website, and furnishing Your contact details, You hereby agree that You are interested in knowing more or availing and/or purchasing various products, services that Curlec or any other third party may offer to /provide to /share with /send to You from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode. You hereby agree that Curlec may contact You either electronically or through phone, to understand Your interest in the selected products and Services and to fulfill Your demand or complete Your application. Further, You also expressly agree and authorize Curlec, its partners, service providers, vendors and other third parties to contact You for the purpose of (i) offering or inviting Your interest in availing other products or services offered by third parties, or (ii) for sending other marketing campaigns, offers, or any other information either on the Website or through other means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
2.4. You specifically understand and agree that by using the Website You authorize Curlec, its affiliates, partners and third parties to contact You for any follow up calls in relation to the Services provided through the Website and/ or for offering or inviting Your interest in availing any other product or service offered by Curlec or such third parties. You agree and consent to receive communications relating to all of the above on Your phone/mobile number (if any provided) by You.
2.5. You agree and authorize Curlec to share Your information and make Your details available to its partner banks/financial institutions, its group companies, affiliates, vendors, service providers/Facility Providers and other third parties, in so far as required for providing various products and services and/or to provide You with various value-added services, in association with the Services selected by You or generally otherwise. You agree to receive communications through emails, telephone and/or SMS, from Curlec or third parties. If You request not to receive such communication/marketing material any further, it shall be applicable prospectively only and shall not apply in respect to Your data already shared by Curlec in accordance with this clause upon Your prior consent.
2.6. You agree and acknowledge that for undertaking any payment and/or financial transaction through the Website, Curlec may undertake due diligence measures and seek information required for Know-Your-Customer (“ KYC ”) purpose which as a customer/merchant You are obliged to give in accordance with Applicable Laws. You agree and acknowledge that Curlec can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to its due diligence requirements in line with the requirements and obligations under Applicable Laws. You are solely responsible for understanding and complying with all applicable laws of Your specific jurisdiction, including but not limited to the provisions of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act, 2001 of Malaysia, Personal Data Protection Act, 2010 of Malaysia, as may be amended from time to time (the ” KYC GUIDELINES “) etc., that may be applicable to You in connection with Your business and use of Services.
2.7. You agree and covenant that before the commencement of any Service(s) under these Terms, You shall provide the necessary documents (as determined in Curlec’s sole discretion or when required by Facility Providers or governmental authorities or law enforcement agencies) (“ KYC Documents ”) to enable Curlec to conduct the due diligence in respect of inter alia You and Your business / activities. Curlec shall have the right to share the KYC Documents (or the information therein) and other related documents with the Facility Providers or governmental authorities or law enforcement agencies, as required under the Applicable Laws. You expressly consent Curlec to rely on the KYC Documents provided by You for providing Services. You further acknowledge and agree that Curlec reserves the right at all times to monitor, review, retain and/or disclose any information in relation to the Service(s) as necessary pursuant to satisfy any Applicable Laws, legal process or governmental request.
2.8. Curlec shall have the right to demand from You, any (i) additional KYC Documents and /or (ii) any KYC related or other documents of Your customers or invoices, in its sole discretion and /or as per the Applicable Laws or pursuant to requests from governmental authorities or Facility Providers. Your failure to submit the KYC Documents when requisitioned shall entitle Curlec to suspend the Services and/or stop settlement of monies (as applicable) until You submit such KYC Documents to the sole satisfaction of Curlec.
2.9. You agree that Curlec shall not be responsible for any delivery, after-sales service, payment, invoicing or collection, customer enquiries (not limited to sales enquiries), technical support maintenance services and/or any other obligations or services relating to or in respect of Your products or services. Such obligations shall be Your sole responsibility. You shall indemnify Curlec against any claim arising from such services or obligations and shall bear any and all expenses and/or costs relating thereto.
2.10. Throughout Your use of the Services, You declare that You or Your affiliates and/ or its Beneficial Owner are not a Politically Exposed Person. You shall forthwith inform us in writing if this declaration becomes untrue during any period of Your use of the Services.
2.11. The usage of the Website may also require You to provide consent for providing Your Personal Information (“PI”) (including but not limited to any personal data or sensitive personal data as defined under Applicable Laws) or to authorize Curlec to derive Your data/information from any source or public registry, as may be necessary to complete Your profile or Your application on the Website, conduct due diligence on You, undertake KYC checks by itself or any other third party and/or to provide You Services through this Website. Curlec shall adhere to best industry practices including information security, data protection and privacy law while processing such applications. However, Curlec shall not be liable to You against any liability or claims which may arise out of such transactions as any such PI is being collected, used, processed and shared with Your explicit consent.
2.12. You agree not to use the Website and/ or Services for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that might apply to You. Since the Website is in operation in Malaysia, while using the Website and/ or the Services, You shall agree to comply with laws that apply in Malaysia. We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict Your access to all or any component of the Website and/ or Services.
2.13. You are prohibited from posting or transmitting to or through this Website: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic or other material or content that would violate rights of publicity and/or privacy or that would violate any law or that harms minors in any way; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party; (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (v) threatens the unity, integrity, defense, security or sovereignty of Malaysia, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; (vi) impersonates another person; or (vii) is illegal in any other way. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from Your posting of content to this Website.
2.14. You represent and warrant that:
(a) You are duly incorporated or established under the laws of Your jurisdiction and have all requisite power and authority to own and operate Your business
(b) You have the full legal capacity and power to enter into, exercise Your rights under, and perform Your obligations under these Terms.
(c) The execution, delivery and performance of these Terms has been authorized by all necessary corporate and organizational actions including but not limited to board resolution and/or power of attorney and/or letter of authority to bind Your business and Your company/firm/organization.
(d) You have duly accepted these Terms, which form a legal, valid and binding obligation, enforceable in accordance with its clauses.
(e) You do not, and shall not, engage in any activity related to virtual currency, cryptocurrency and other crypto products (like non-fungible tokens or NFTs), prohibited investments for commercial gain or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world prior to informing Curlec. Any breach of this provision shall be subject to immediate suspension or termination of any or all Services, at Curlec’s sole discretion, and You shall be liable to indemnify Curlec from the losses arising from such breach.
2.15. You further covenant and agree that You shall ensure that:
(a) Your use of the Services and sale of Your products/services are solely for Your own bona fide business activities which are in compliance with the Applicable Laws and also the instructions issued from time to time by the Curlec and its Facility Providers.
(b) Your use of the Services corresponds to those activities under the categories You have expressly registered for at the time of entering into these Terms and as set out in Your onboarding form on the Curlec dashboard or as otherwise approved in writing by Curlec.
(c) You shall not resell or assign the Services, in whole or in part, or otherwise allow the use of the Services by any third parties or Your affiliates.
(d) Your use of Services does not facilitate any activity which is unlawful, illegal, unauthorised, is carried on with the intent to defraud, or is likely to result in Your unjust enrichment and/or unlawful gain.
(e) Your use of Services does not facilitate the offer, sale or purchase of prohibited products and/or services specified under these Terms.
(f) You hold informed consent of Your customers to share customer’s information with Curlec and its affiliates in connection with the Services and/or for the purposes of sharing with governmental authorities as and when demanded under Applicable Laws, for the purpose of transaction tracking, money laundering and fraud prevention.
2.16. You acknowledge that the Services are of complex nature and require the intervention of the Facility Providers. You acknowledge and agree that Curlec shall only be liable for acts or omissions which are solely and directly attributable to Curlec.
2.17. In order to avail the Services, You shall take all necessary steps to facilitate the integration of Curlec’s solutions with Your platform. It is hereby clarified that any Server to Server (S2S) integration, if done, shall be solely for the purpose of availing the Services and intended to be used or accessed only by You.
2.18. You shall assist Curlec in furnishing to its auditors, the Facility Providers, governmental authorities, or law enforcement agencies, forthwith upon request from time to time, KYC Documents, relevant books, the original copy / copies of proof of transactions, invoices or other records, including pertaining to any order placed by Your customers. You shall retain records relating to transactions for a period of 7 (seven) years or as per the requirements under Applicable Laws, whichever is higher, from the relevant date of the order placed on the Your site. Curlec and the Facility Providers, and/or governmental agencies and/or law enforcement agencies shall be entitled to audit and inspect the records and other data relating to the customer’s orders at any time whatsoever and without any prior notice. You shall ensure cooperation with Curlec, its auditors, Facility Providers, governmental authorities, or law enforcement agencies for any audit, inspection or pursuant to any other request.
2.19. You shall not (whether online or otherwise): (i) describe Yourself as an agent or representative of Curlec or the Facility Provider; (ii) represent that You have any rights to offer any products or services offered by Curlec or the Facility Provider; and (iii) make any representations to Your customer or any third party or give any warranties which may require Curlec or Facility Provider to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to Your customer or any third party.
2.20. When a customer purchases a goods or services from You, You may, in Your sole discretion, impose any convenience fee on the customer. Any responsibility or losses incurred by Curlec as a result of the charge of any such convenience fee by You to Your customers shall be borne by You. You shall also indemnify Curlec for such liability or losses.
3. PAYMENT
3.1. Applicable fees for the provision of Services shall be levied by Curlec from time to time. You agree that the fees shall be charged according to the manner, rates and frequency determined by Curlec. Curlec reserves the right to update the amount of the fees charged at its sole discretion.
3.2. Fees are exclusive of applicable taxes and Curlec will charge such applicable taxes on the fees from time to time. You agree that any statutory variations in applicable taxes during the subsistence of these Terms shall be borne by You.
3.3. We will raise monthly invoices in respect of fees charged for Services provided during such months. Invoices are available on the dashboard on a monthly basis. Any dispute in respect of an invoice must be communicated by You to Us via a notice no later than ten (10) days from the date of the invoice. Curlec shall use good faith efforts to reconcile any reasonably disputed amounts.
3.4. You shall be responsible to do reconciliation on a daily basis for all the transactions processed. In case of discrepancies, You shall report to Curlec regarding such discrepancy within three (3) working days. However, if any reconciliation issue is highlighted by You to Curlec after three (3) working days from the transaction date, Curlec shall not be responsible or liable in any way whatsoever in case such queries and/or concerns are not resolved.
3.5. You shall be solely responsible for updating Your SST registration number on the Curlec dashboard before Curlec generates the invoice and shall also submit the SST certificate as part of KYC. Curlec will raise a SST tax invoice and report the transactions in the SST returns based on the information provided by You. The SST returns will be filed as per the statutory timelines, to enable You to avail appropriate input tax credit. Curlec shall not be responsible for any mistake and or misrepresentation by You in updating the SST number and other particulars as per the SST certificate. Further, any liability raised on Curlec by the relevant Governmental/Regulatory Authority due to incorrect information provided by You or deliberate withholding of any statutory information by You shall be recovered by Curlec from You.
4. PRIVACY POLICY
5. THIRD PARTY LINKS/OFFERS
6. DISCLAIMER OF WARRANTY
7. LIMITATION OF LIABILITY
7.1. Curlec (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) the performance or non-performance by Us or any Facility Provider, even if we have been advised of the possibility of damages to such parties or any other party, or (iv) any damages to or viruses that may infect Your computer equipment or other property as the result of Your access to the Website or Your downloading of any content from the Website. The Website may provide links to other third-party websites. However, since Curlec has no control over such third-party websites, You acknowledge and agree that Curlec is not responsible for the availability of such third-party websites and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third-party websites. You further acknowledge and agree that Curlec shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites. Such third-party websites may have separate terms and conditions and privacy policy, and which are independent of Curlec and therefore, we advise You to read the terms of use and conditions available on such websites before You access any such third- party website.
7.2. Notwithstanding anything under these Terms, Curlec’s aggregate liability and that of its affiliates, officers, employees and agents relating to the Service(s), will not exceed an amount equal to one (1) month fees paid by You for the specific Service(s) giving rise to the liability. Curlec’s liability under or in connection with Terms will be proportionately reduced to the extent any loss or damage is contributed to by You or Your third party providers
8. INDEMNITY
9. CARD ASSOCIATION RULES
9.1. “Card Payment Network Rules” refer to the written rules, regulations, releases, guidelines, processes, interpretations and other requirements (whether contractual or otherwise) imposed and adopted by the card payment networks. These card payment networks have infrastructure and processes to enable transaction authorisation. The card payment networks require You to comply with all applicable guidelines, rules, and regulations formulated by them.
9.2. The card payment networks reserve the right to amend their guidelines, rules and regulations. We may be required to amend, modify or change these Terms pursuant to amendments to the Card Payment Network Rules and such amendments, if any, shall be deemed to be binding on You with immediate effect.
9.3. You agree to fully comply with all programs, guidelines, requirements that may be published and/ or mandated by the card payment networks. Notwithstanding our assistance in understanding the Card Payment Network Rules, You expressly acknowledge and agree that You are assuming the risk of compliance with all provisions of the Card Payment Network Rules, regardless of whether You are aware of or have access to those provisions. MasterCard, Visa, American Express and relevant parties make excerpts of their respective rules available on their internet sites.
9.4. In the event that Your non-compliance of Card Payment Network Rules, results in any fines, penalties or other amounts being levied on or demanded of us by a card payment network, then without prejudice to our other rights hereunder, You shall forthwith reimburse us in an amount equal to the fines, penalties or other amount so levied or demanded or spent by us in any manner in relation to such fines, penalties and levies. If You fail to comply with Your obligations towards the card payment networks, Curlec may suspend settlement or suspend/ terminate the Services forthwith.
10. WAIVER
11. FORCE MAJEURE
12. ANTI BRIBERY AND SANCTION LAWS
13. ADDITIONAL TERMS
13.1. You may not assign or otherwise transfer Your rights or obligations under these Terms. Curlec may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to You. If we fail to act on Your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. Additional terms applicable to the Services provided by Curlec or its affiliates are as under:
(a) The laws of Malaysia, without regard to its conflict of laws, rules, will govern these Terms, as well as Your and Our observance of the same. If You take any legal action relating to Your use of the Website or these Terms, You agree to file such action only in the courts located in Kuala Lumpur, Malaysia. In any such action that We may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You acknowledge that You have read and have understood these Terms, and that these Terms have the same force and effect as a signed agreement. This clause shall survive termination of the Terms.
(b) Without prejudice to any other rights or remedies Curlec may have, You hereby agree and confirm that Curlec shall have the right to set-off by whatever means the whole or any part of Your liability to Curlec under these Terms (or any other agreement between You and Curlec or its affiliates) against any funds, sums or other amounts credited to, or owing to, You under these Terms (or any other agreement between You and Curlec or its affiliates). You agree that Curlec may exercise the right of set-off at any time, without any prior notice to You. In the event such set-off does not fully reimburse Curlec for the liability owed, You shall pay Curlec a sum equal to any shortfall thereof.
(c) You shall not (whether on-line or otherwise): (i) describe Yourself as an agent or representative of Curlec or any Facility Provider; (ii) represent that You have any rights to offer any products or services offered by Curlec or the Facility Provider; and (iii) make any representations to Your customer or any third party or give any warranties which may require Curlec or Facility Provider to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to customer or any third party. (d) Curlec reserves the right to make changes to the Website, related policies and agreements, these Terms and the Privacy Policy at any time as it deems fit and proper, including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Services and ancillary services, company reorganization, market practice or customer requirements. Upon any change, Your continued use of the Services and ancillary services constitutes acceptance of the changes and an agreement to be bound by Terms, as amended. If You do not agree to the changes, You may please discontinue Your use of the Services.
14. ADVERTISING
15. SUSPENSION AND TERMINATION
15.1. Notwithstanding anything to the contrary, Curlec shall have the right to immediately suspend Services and settlement of any monies or payments to You, without any liability to You, in the event of the following:
(a) You breach any clause of these Terms.
(b) You facilitate any transaction which is unlawful or in contravention with ‘Prohibited Products and Services’ listed below.
(c) Curlec receives instructions from Facility Providers or governmental authorities or law enforcement agencies to either suspend the Services, or part thereof, or directs to suspend the Services or part thereof regardless of whether there is pending investigation/enquiry into any alleged illegal/unlawful activities.
(d) You use the Services for any transactions which have a high-risk score as per Curlec’s internal fraud assessment tools and other policies.
(e) Curlec is of the opinion that there are suspicious circumstances surrounding Your activities.
(f) Curlec is of the opinion that there are pending, anticipated, or excessive disputes, refunds, or reversals relating to Your use of Services.
(g) Your products / services infringe, or are suspected of infringing, intellectual property rights, copyrightable works, patented inventions, trademarks and trade secrets, or You are suspected of selling counterfeit and/or knock-off goods.
(h) You materially change the type of the products / services provided to end customers and as declared on the onboarding form, without obtaining Curlec’s prior written permission to use the Services for the new or changed types of services / products, or it is discovered by Curlec that You provided substantially misleading and / or false information about Your products / services as part of the onboarding activities.
(i) Curlec in its sole discretion determines that Your activities expose Curlec to risks which are unacceptable to Curlec.
(j) Curlec in its sole discretion is required to do so due to regulatory changes impacting the Services.
15.2. These Terms are effective upon the date You first access or use the Services and continue until terminated by You or Curlec. We may terminate these Terms or close Your Curlec account at any time for any reason (including, without limitation, for any activity that may create harm or loss to the goodwill of Curlec). Where Applicable Laws requires advance notice of termination to be provided, we will, prior to termination, provide You with the required advance notice of termination.
15.3. Termination does not immediately relieve You of obligations incurred by You under these Terms. Upon termination, You agree to stop using the Services. Your continued or renewed use of the Services after termination serves to renew Your consent to the Terms. In addition, upon termination You understand and agree that We will not be liable to You for compensation, reimbursement, or damages related to Your use of the Services, or any termination or suspension of the Services or deletion of Your information or account data; and You will still liable to us for any fees or fines, or other financial obligation incurred by You or through Your use of the Services prior to termination.
PROHIBITED PRODUCTS AND SERVICES
- Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or Website memberships of pornography or illegal sites;
- Body parts which includes organs or other body parts;
- Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam);
- Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free;
- Child pornography which includes pornographic materials involving minors;
- Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;
- Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials;
- Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software;
- Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods;
- Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
- Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;
- Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction;
- Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;
- Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;
- Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property;
- Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts;
- Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes;
- Offensive goods which includes literature, products or other materials that: (a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors; (b) Encourage or incite violent acts; or (c) Promote intolerance or hatred.
- Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals;
- Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives and related goods; toxic, flammable, and radioactive materials and substances;
- Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications;
- Securities which includes government bonds or related financial products;
- Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products;
- Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products;
- Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments;
- Wholesale currency which includes discounted currencies or currency exchanges;
- Live animals or hides/skins/teeth, nails and other parts etc. of animals;
- Multi-Level Marketing collection fees;
- Matrix sites or sites using a matrix scheme approach;
- Offering Work-at-home approach and/or Work-at-home information; with an intention to deceive;
- Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of Malaysia;
- Provision of any services that have the potential of casting the Payment Gateway Facilitators in a poor light and/or that may be prone to Buy & Deny attitude of the cardholders when billed (e.g. Adult material/ Mature content/Escort services/ friend finders) and thus leading to chargeback and fraud losses;
- Businesses or website that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. Web-based telephony, Website supplying medicines or controlled substances, website that promise online match-making);
- Businesses out rightly banned by law (e.g. Betting & Gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes & games of chance;
- If You deal in intangible goods/ services (eg. Software download/ Health/ Beauty Products), and businesses involved in pyramid marketing schemes or get-rich-quick schemes and any other product or Service, which in the sole opinion of either the Partner Bank or the Acquiring Bank, is detrimental to the image and interests of either of them / both of them, as communicated by either of them/ both of them to You from time to time. This shall be without prejudice to any other terms & conditions mentioned in these Terms;
- Mailing lists;
- Virtual currency, cryptocurrency and other crypto products (like non-fungible tokens or NFTs), prohibited investments for commercial gain or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world;
- Money laundering services;
- Database providers (for tele-callers);
- Bidding/Auction houses;
- Activities prohibited by the Malaysian Communications and Multimedia Commision Act;
- Any other activities prohibited by Applicable Laws;
- Entities operating as kootu funds / chit funds/ nidhi companies;
- Unregulated/ unlicensed money service business (MSB) or money and value transfer services (MVTS) like exchange houses, remittance agents or individuals running such businesses in jurisdictions that require license for such businesses.
SPECIFIC TERMS OF USE
A. Payment Aggregation Services
You agree that the fees shall be charged according to the manner, rates and frequency determined by Curlec. Curlec reserves the right to update the amount of the Fees including for Services for which no charge has been levied previously in accordance with this clause. You agree that You shall be liable to pay any additional fees as determined by Curlec in the event:
(a) You avail certain value-added services available on the dashboard irrespective of whether they have been available free of charge previously.
(b) You avail any new Services not mentioned in these Terms.
You agree that Your use of any Service or a value-added service shall be construed as a consent to any additional fees which may be levied by Curlec on such additional Service or value-added service.
1. DEFINITIONS
1.1. “ Chargeback ” shall mean the reversal (such reversal being requested by a Facility Provider pursuant to a request from the Facility Provider’s customer) of the debit of the Transaction Amount that was charged by You, where the reversal is approved by the Facility Provider following examination of the Transaction related documents and information furnished by You, consequently resulting in Curlec being charged the Transaction Amount and charges, penalties or fines associated with processing the Chargeback.
1.2. “ Chargeback Amount ” shall mean the aggregate amount that the Facility Provider charges Curlec pursuant to a Chargeback.
1.3. “ Chargeback Documents ” has the meaning ascribed to the term in Clause 3.1 hereunder.
1.4. “ Chargeback Request ” means a claim for Chargeback by the Facility Provider’s customer.
1.5. “ Escrow Account ” or “ Nodal Account ” is an account held by Curlec with an Escrow Bank or nodal bank, as applicable for the purpose of receiving the Transaction Amount and effecting settlements to You.
1.6. “ Escrow Bank ” means a bank that is authorised to operate an Escrow Account / Nodal Account under Payment Aggregation Guidelines.
1.7. “ Escrow Bank Working Days ” means days on which the Escrow Bank is operational to undertake settlements.
1.8. “ Payment Instrument ” includes credit card, debit card, bank account, prepaid payment instrument or any other instrument issued under Applicable Law, used by a customer to pay the Transaction Amount
1.9. “ Permissible Deductions ” means (a) fees charged by Curlec; (b) Chargeback Amount including fines and penalties; and (c) any other sum due and payable by You to Curlec.
1.10. “ Refund ” means processing of Your request to Curlec, for returning the Transaction Amount (or part thereof) to the Payment Instrument which was used for effecting the payment of the Transaction Amount.
1.11. “ Transaction ” means an order or request placed by the customer with You (or a third-party vendor availing of Your services) for purchasing goods/ services from You, which results in a debit to the customer’s Payment Instrument.
1.12. “ Transaction Amount ” means the amount paid by the customer in connection with Transaction.
2. PAYMENT PROCESSING
2.1. Subject to the General Terms of Use read with the Specific Terms of Use for Payment Aggregation Services, Curlec shall facilitate collection of online payments for products/ services sold by You.
2.2. Subject to Clause 3 and 4 hereunder, Curlec shall settle the Transaction Amount (net of Permissible Deductions) into Your account within two (2) Escrow Bank working days following the date of the Transaction.
2.3. If Curlec settles the Transaction Amount under the General Terms of Use or any Specific Terms of Use thereunder, at an earlier time than agreed above, Curlec shall have an absolute right to recover the Transaction Amount forthwith if the same is not received in the Escrow Account within three (3) Escrow Bank Working Days following the date of the Transaction for any reason whatsoever.
2.4. Curlec shall have an absolute right to place limits on the Transaction value.
3. CHARGEBACKS
3.1. If a Facility Provider communicates to Curlec the receipt of a Chargeback Request, You will be notified of the Chargeback. You agree that liability for Chargeback, whether domestic or international, under the General Terms of Use or any Specific Terms of Use thereunder rests with You. You further agree that it is Your sole discretion whether to avail non-3D secure services or not. Subject to availability of funds, Curlec upon receipt of a Chargeback Request shall forthwith deduct Chargeback Amount from the Transaction Amounts which may be used, based on the decision of the Facility Provider, either to a) process Chargeback in favour of the customer or b) credit to You. For the avoidance of doubt, Curlec shall be entitled to deduct the Chargeback Amount upon receiving a Chargeback claim. You shall be entitled to furnish to Curlec documents and information (“ Chargeback Documents ”) pertaining to the Transaction associated with the Chargeback Request in order to substantiate (i) the completion of the aforesaid Transaction; and /or; (ii) delivery of goods / services sought by the customer pursuant to the said Transaction. You shall furnish the Chargeback Documents within three (3) calendar days (or such other period specified by the Facility Provider) of receiving notification of the Chargeback Request.
3.2. You agree that (i) if You are unable to furnish Chargeback Documents; and /or; (ii) the Facility Provider is not satisfied with the Chargeback Documents furnished by You, then the Facility Provider shall be entitled to order Curlec to effect a reversal of the debit of the Chargeback Amount associated with the Chargeback such that the said Chargeback Amount is credited to the customer’s Payment Instrument.
3.3. Notwithstanding anything in these Terms, if the Facility Providers charge the Chargeback Amount from Curlec then You agree and acknowledge that Curlec is entitled to recover such Chargeback Amount from You by way of deduction from (i) the Transaction Amounts to be settled to You and (ii) any of Your other funds held by Curlec in the course of providing the Services. Provided however, if the available Transaction Amounts or other funds are insufficient for deduction of the Chargeback Amount, then Curlec is entitled to issue a debit note seeking reimbursement of the Chargeback Amount. You shall reimburse the Chargeback Amount within seven (7) days of receipt of the debit note.
3.4. On the issuance of notice of termination of this Specific Terms of Use for Payment Aggregation Services or the General Terms of Use, Curlec reserves the right to withhold from each settlement made during the notice period, a sum computed based on a Stipulated Percentage ( defined hereinbelow ) for a period of one hundred and twenty (120) days (“ Withholding Term ”) from the date of termination of these Terms. The sums so withheld shall be utilized towards settlement of Chargebacks. After processing such Chargebacks, Curlec shall transfer the unutilized amounts, if any, to You forthwith upon completion of the Withholding Term. The ‘ Stipulated Percentage ’ is the proportion of the Chargeback Amounts out of the total Transaction Amounts settled during the subsistence of these Terms.
3.5. Notwithstanding anything in this Specific Terms of Use, if the amount withheld pursuant to Clause 3.4 above is insufficient to settle Chargebacks Amounts received during the Withholding Term, then Curlec is entitled to issue a debit note seeking reimbursement of the Chargeback Amount. You shall reimburse the Chargeback Amount within seven (7) days of receipt of the debit note.
3.6. The following applies for Chargebacks associated with Easy Payment Plans (EPP) products which are supported by Facility Providers. For any loan cancellation requests, You need to respond to Curlec within 7 working days with a suitable response. If loan is to be cancelled, then the same needs to be informed to Curlec and if cancellation request is to be declined then You need to provide proof of delivery and justification. For loans which would get cancelled on the basis of Your confirmation, the amount would be recovered from the daily settlement.
4. REFUNDS
4.1. You agree and acknowledge that subject to availability of funds received in the Escrow Account, You are entitled to effect Refunds at Your sole discretion.
4.2. You further agree and acknowledge that initiation of Refunds is at Your discretion and Curlec shall process a Refund only upon initiation of the same on the Website.
4.3. All Refunds initiated by You shall be routed to the same payment method through which the Transaction was processed.
4.4. You agree that Curlec fees shall always be applicable and payable by You on each Transaction irrespective of whether You have refunded the same to Your customer either through normal channels of refunds or through the instant refund service of Curlec affiliate (if availed).
4.5. You acknowledge and agree that for payments that are late authorized but not captured by You, Curlec may initiate auto-refund to the customer within five (5) days.
5. FRAUDULENT TRANSACTIONS
5.1. Subject to Clause 3.1 and 3.2, if Curlec is intimated, by a Facility Provider, that a customer has reported an unauthorised debit of the customer’s Payment Instrument (“ Fraudulent Transaction ”), then in addition to its rights under Clause 16 of the General Terms of Use, Curlec shall be entitled to suspend settlements to You during the pendency of inquiries, investigations and resolution thereof by the Facility Providers.
5.2. If the amount in respect of the Fraudulent Transaction has already been settled to the Merchant pursuant to the terms of this Agreement, any dispute arising in relation to the said Fraudulent Transaction, following settlement, shall be resolved in accordance with Applicable Laws and notifications, circulars and guidelines issued by BNM in this regard from time to time.
5.3. Subject to Clause 5.2 above, if the Fraudulent Transaction results in a Chargeback, then such Chargeback shall be resolved in accordance with the provisions set out in the Terms.
5.4. You acknowledge that Curlec shall not be responsible for any liability arising in respect of Fraudulent Transactions whether it is an international or a domestic transaction.
6. GENERAL
6.1. In the event of any conflict between the General Terms of Use and Specific Terms of Use, the Specific Terms of Use shall prevail over the General Terms of Use. To the maximum extent feasible, they shall be construed harmoniously.
6.2. Capitalised Terms used herein but not defined in this Specific Terms of Use shall have the meaning ascribed to such terms in the General Terms of Use.
6.3. Clauses 3 and 5 hereinabove shall survive the termination of the Terms
7. SERVICE DESCRIPTIONS
8. SPECIFIC TERMS FOR NON-RESIDENT MERCHANTS
9. SPECIFIC TERMS FOR GAMING MERCHANTS
These terms shall only apply if You are a gaming merchant identified specifically in this Specific Terms for the gaming merchants.
9.1. You represent and warrant to Curlec that:
(a) You do not engage in any activity that violates any Applicable Law pertaining to gaming, gambling, betting or wagering.
(b) No services provided by You to any customer (“ Merchant Services ”) are of a nature that may be construed as a competition/contest/game/sport/event (online or offline) whose outcome is based merely or preponderantly or predominantly on chance.
(c) The Merchant Services are at all times in compliance with all Applicable Laws including pertaining to restriction or prohibition on gambling, betting, wagering and gaming activities.
(d) The provision of the Merchant Services to customers in the states of Malaysia are in accordance with the Applicable Laws of these states and You have obtained and hold all necessary and valid licenses and registrations to provide the Merchant Services in such states.
(e) No Merchant Services including facilitation, hosting or providing a platform for any competition/contest/game/sport/event (online or offline) for monies are rendered by it to any Customers in Malaysia
9.2. The representations and warranties set out in Clause 10.1. above shall be repeated on each day during the term of these Terms.
9.3. You hereby agree and undertake to provide a written confirmation, in a form and manner set out below certifying that the representations and warranties set out in Clause 10.1. above are true and correct. Such certificate shall be given by You to Curlec on the first day of every quarter from the date of entering into this Specific Terms for gaming merchants till its expiry or termination, whichever is later.
9.4. Notwithstanding any other provision of the General Terms of Use or this Specific Terms for gaming merchants , You shall indemnify and hold Curlec, its affiliates, and each of their directors, managers, officers, employees and agents harmless from and against all losses (including any losses that are special, incidental, indirect, consequential, exemplary or punitive in nature) arising from claims, demands, actions or other proceedings as a result of or on account of (a) any of Your representations or warranties as set out in Clause 10.1 above being breached or becoming untrue or incorrect, or (b) Your engagement in any activity that violates any Applicable Law pertaining to gaming, gambling, betting or wagering.
Form of Undertaking for gaming merchants
B. Specific Terms For e-Mandate Services
You agree that the fees shall be charged according to the manner, rates and frequency determined by Curlec. Curlec reserves the right to update the amount of the Fees including for Services for which no charge has been levied previously in accordance with this clause. You agree that You shall be liable to pay any additional fees as determined by Curlec in the event:
(a) You avail certain value-added services available on the dashboard irrespective of whether they have been available free of charge previously.
(b) You avail any new Services not mentioned in these Terms.
You agree that Your use of any Service or a value-added service shall be construed as a consent to any additional fees which may be levied by Curlec on such additional Service or value- added service.
1.) You shall provide the necessary KYC Documents to Curlec as specified in these Specific Terms of Use for e-mandate services (“ Mandate Terms ”), such that Curlec can share the KYC Documents (or the information therein) to the Sponsor Bank for the Sponsor Bank’s decision on issuing a registration to You to avail of services for e-mandate payments.
2.) You acknowledge that the onboarding and registration process is a pre-requisite under the Procedural Guidelines in order for You to avail of Services for e-mandate payments and the customers to be able to start submitting E-Mandate Registration Requests. Curlec shall not be liable to provide any Services under these Terms until the Sponsor Bank has issued a registration in Your favour.
3.) Following completion of integration under Mandate Terms, Curlec shall enable E-Mandate registration requests by customers on Your website by making available the prescribed E- mandate Registration Request form and also put in place the necessary API protocols to transmit customer information to the sponsor banks in order to facilitate the process of customer verification and authentication of customer and bank account details by the Destination Bank.
4.) Being an intermediary, Curlec shall be responsible only for transmission of the customer details to the Sponsor Bank and shall not be responsible for failure or refusal of the E-Mandate Registration request by the Destination Bank or any other relevant party.
5.) In the event any query or clarification is sought by Paynet, BNM or any governmental authority or Facility Provider in respect of any e-mandate payment transaction, You shall (forthwith upon communication of the query or clarification by Curlec to You) provide the relevant transaction and/or customer details, as required by BNM or any governmental authority in Malaysia.
6.) The periodic payments will be facilitated by Curlec so long as the E-Mandate Registration is not cancelled by the Customer, Destination Bank or the Sponsor Bank. Curlec shall not be liable for the failure of a payment on account of the decline of the approval by Destination Bank or on account of cancellation of the E-Mandate Registration by the Sponsor Bank, Destination Bank, Your customer or any other relevant party.
7.) Following the receipt of funds in the Escrow Account, Curlec shall, subject to Curlec’s withholding rights under these Terms, settles the funds into Your designated account within an applicable settlement period.
8.) If Curlec settles the funds, at an earlier time than agreed above, Curlec shall have an absolute right to recover such funds forthwith if the same is not received in the Escrow Account within three (3) working days following the date on which such funds were supposed to be realized in the Escrow Account.
9.) In addition to rights under these Terms, if there are reasonable grounds for Curlec to suspect that a transaction to effect an E-Mandate Payment is done fraudulently or if the Sponsor Bank, regulators or Destination Bank suspecting so, communicate the same to Curlec, then Curlec shall be entitled to withhold settlements to You.
10.) Pursuant to Clause 9 above, You shall, to the extent available, provide information about such transactions to Curlec, Sponsor Bank, regulators or Destination Bank forthwith upon receiving a request from Curlec, Sponsor Bank, regulators or Destination Bank respectively.
11.) Curlec shall be entitled to terminate these Services if the Sponsor Bank or regulators direct cancellation of Your registration. You acknowledge that Curlec being merely an intermediary in the system for E-Mandate Payment is bound to follow directions from the Sponsor Bank, regulators or the Destination Bank in matters relating to fraudulent or suspicious transactions.
12.) Curlec shall be entitled to recover from You (by deducting amounts from Your funds held by Curlec in the course of providing the Services, or if the funds held are insufficient, by issuing a debit note to You), any amounts (a) charged by Sponsor Bank to Curlec on account of refund and disputed claims from Your customers; and (b) representing penalties, fines or other charges (whatsoever name referred to) levied by the Sponsor Bank, regulators or any governmental authority (in their sole discretion) on Curlec on account of fraudulent transactions on Your website.
13.) You agree that payments effected, or funds debited from Your customer’s Bank Account on the following grounds shall not be the responsibility of Curlec and no liability shall arise for Curlec in respect of such claims from Your customers:
(a) Your customer is disputing a transaction as not done or authorized by him.
(b) The charge/debit on Your customer’s Bank Account has occurred because of hacking, phishing, breach of security/ encryption of Your customer’s PI through Your platform or any other third party platform other than that of Curlec.
(c) Your customer claiming refund of the amounts deducted from his/her Bank Account on any ground whatsoever, including Your customer’s dissatisfaction with Your sale of the goods and/or services to the Customer
14.) Curlec will not be liable collect the amounts from Your customers and credit the same to You in the following circumstances:
(a) If any of Your customers does not have sufficient funds in the Bank Account for debiting the amount mentioned in the Collection Information.
(b) Curlec is prohibited from debiting the amounts from Your customers’ account by any governmental authority or Facility Provider.
(c) If Your customer’s account is closed or operations from such account are barred by governmental authorities or Facility Providers.
(d) If You do not provide complete and correct information
(e) Any of Your Customers terminate the mandate.
(f) Curlec has reason to believe that a Collection Information has not been properly authorized.
15.) In the event of any conflict between the General Terms of Use and Specific Terms of Use, the Specific Terms of Use shall prevail over the General Terms of Use. To the maximum extent feasible, they shall be construed harmoniously.
16.) Capitalised Terms used herein but not defined in this Specific Terms of Use shall have the meaning ascribed to such terms in the General Terms of Use.
C. Specific Terms For Subscriptions Services
You agree that the fees shall be charged according to the manner, rates and frequency determined by Curlec. Curlec reserves the right to update the amount of the Fees including for Services for which no charge has been levied previously in accordance with this clause. You agree that You shall be liable to pay any additional fees as determined by Curlec in the event:
(a) You avail certain value-added services available on the dashboard irrespective of whether they have been available free of charge previously.
(b) You avail any new Services not mentioned in these Terms.
You agree that Your use of any Service or a value-added service shall be construed as a consent to any additional fees which may be levied by Curlec on such additional Service or value-added service.
1.) Subscription services provide You the platform to create and manage subscription plans for Your customers with automated recurring transactions. With this product You can (i) create multiple subscription plans for customers, (ii) automatically charge customers based on a billing cycle that You control, and (iii) get instant alerts on payment activity as well as the status of subscriptions.
2.) You acknowledge and agree that these Subscriptions Terms (i) shall apply for debit, credit and prepaid instruments or other methods as notified from time to time (together “Card”) of customers, and (ii) does not apply to once-only / one-time payments.
3.) You acknowledge and agree that:
a) The customer desirous of opting for e-mandate facility on Card is required to undertake a one-time registration process, with an Additional Factor Authentication (AFA) validation by the issuer bank and that an e-mandate on Card of customers for recurring transactions shall be registered only after successful AFA validation.
b) Where the first transaction is being performed along with the registration of e- mandate, then AFA validation may be combined. Subsequent recurring transactions shall be performed only for those Card which have been successfully registered and for which the first transaction was successfully authenticated and authorised.
c) On successful registration and approval of the e-mandate request, Curlec shall on a periodic basis (as per the e-mandate) initiate subsequent recurring payments unless such e-mandate is modified or de-registered by the customer.
d) Curlec expressly disclaims all liability for any outages or failures attributable to Facility Providers.
4.) You further acknowledge and agree that in order to process recurring transactions, customer Card details will need to be saved/secured/tokenized in accordance with Applicable Laws. Accordingly, for custom checkout and server-to-server integration You shall:
a) solely be responsible for obtaining informed consent from customers for the purpose of processing of e-mandates, including saving/securing/tokenizing the customer’s Card details, in accordance with Applicable Laws. Such consent shall be explicit and not by way of a forced / default / automatic selection of checkbox, radio button, etc.
b) share customer consent with Curlec for Curlec to trigger the AFA with the issuing bank which is required to both save the Card and process the e-mandate registration. You acknowledge and agree that if such customer consent is not shared during the payment flow, then Curlec will not tokenize the card or process the e-mandate/ recurring transaction.
5.) You agree that payments effected, or funds debited from a customer’s bank account on the following grounds shall not be the responsibility of Curlec and no liability shall arise for Curlec in respect of such customer claims:
a) Customer disputing a transaction as not done or authorized by him/her.
b) The charge/debit on the customer’s bank account has occurred because of hacking, phishing, breach of security/ encryption of the customer’s personal data through Your platform or any other third-party platform other than that of Curlec.
c) Customer claiming refund of the amounts deducted from his/her bank account on any ground whatsoever, including customer’s dissatisfaction with Your sale of the goods and/or services to the customer.
6.) You agree that there are instances where Curlec is only acting as a technical service provider and You are the token requestor for the purposes of saving/ securing/ tokenizing the Card and You shall accordingly be liable to pass the customer’s informed consent for saving the Card and registering the e-mandate to Curlec. You agree that Curlec shall have no liability towards You or any third party for Your acts or omissions or its failure to comply with Applicable Laws.
7.) You agree to keep Curlec fully indemnified at all times from and against all losses, damages, penalties, etc., incurred by or imposed on Curlec to the extent it arises from any breach by You of the Terms herein.
8.) You shall maintain records of its activities under these Terms, including where applicable keeping log of all instances of obtaining customer consent, and shall provide the same to Curlec on a real time basis or as requested from time to time. In addition to any right under these Terms, Curlec and facility providers have the right to audit Your compliance with these Terms at any time upon notice.
9.) You agree that You shall be solely responsible for any hashed string storage undertaken by You.
10.) In the event of any conflict between the General Terms of Use and Specific Terms of Use, the Specific Terms of Use shall prevail over the General Terms of Use. To the maximum extent feasible, they shall be construed harmoniously.
11.) Capitalised Terms used herein but not defined in this Specific Terms of Use shall have the meaning ascribed to such terms in the General Terms of Use.
PRIVACY
YOUR PRIVACY IS EXTREMELY IMPORTANT TO US. UPON ACCEPTANCE OF THESE TERMS OF USE YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND UNEQUIVOCALLY ACCEPTED OUR POLICIES, INCLUDING THE PROVISIONS OF OUR PRIVACY POLICY.
You may address any complaints or discrepancies in relation to the processing (including storing and using) of Your Personal Information (including Sensitive Personal Information) to privacypolicy@curlec.com
Direct Debit and Payouts (DuitNow Transfer) Terms of Service
Please click here for Direct Debit and Payouts (DuitNow Transfer) Terms of Service
