01Acceptance of these Terms
These Terms of Use govern access to and use of the NexSense website, NexCircle, NexAccess, related portals, applications and services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you use the Services for an organisation, you confirm that you are authorised to bind that organisation.
A signed proposal, order form, subscription agreement or other written agreement may contain additional terms. If there is a conflict, that signed agreement applies to the extent of the conflict.
02Eligibility and authority
You must be at least 18 years old and legally capable of entering into a contract, or be an authorised user of a merchant that has contracted for the Services. A parent or legal guardian must authorise any account or activity involving a minor where required.
03Scope of the Services
NexCircle helps merchants manage customer accounts, recurring charges, bills, payment status, reminders, receipts and transaction records. NexAccess provides access-control and attendance capabilities that may include face, QR and card verification. Features differ by plan, deployment and integration.
Public website content is general product information and is not financial, legal, accounting or security advice.
04Merchant and user responsibilities
Merchants are responsible for the accuracy and lawfulness of customer, billing, access and attendance data; the goods, classes, rentals, memberships or other services they provide; bill amounts, refunds and customer disputes; required notices and consents; and compliance with laws applying to their business.
05Payments and payment gateways
Online payments are processed by an independent payment gateway selected or approved for the merchant. The merchant contracts directly with that provider. The gateway—not NexSense—authorises, processes, holds and settles payment funds. The gateway’s own terms, privacy notice, fees, refund, chargeback and dispute rules apply.
NexSense provides the platform and technical integration. NexSense does not receive, hold or settle customer funds and is not a bank, e-money issuer or payment gateway.
06Transaction records and reconciliation
The Services may display payment status, gateway references and transaction details received through an integration. Merchants must independently reconcile those records against the gateway’s official reports and bank settlement records. Gateway settlement timing, deductions, reversals, chargebacks and settlement disputes are outside NexSense’s control and scope.
07Accounts and security
You must provide accurate information, keep credentials and devices secure, restrict access to authorised users and notify NexSense promptly of suspected unauthorised access. You are responsible for activity performed through your account unless caused by NexSense’s failure to apply reasonable security measures.
08Acceptable use
You must not use the Services unlawfully; upload content you have no right to use; infringe privacy, intellectual-property or other rights; bypass security; access another account; introduce malware; disrupt operation; scrape or reverse engineer the Services except where law permits; or use access-control features to discriminate or cause harm.
09Personal data
Our processing of personal data is described in the Privacy & PDPA Notice. Merchants must have appropriate authority, notices and consents before providing personal data to the Services, particularly children’s data, financial information and biometric data.
10Third-party services
The Services may connect to payment gateways, messaging and email providers, hosting services, devices or other third parties. Their products are governed by their own terms and privacy notices. NexSense is not responsible for a third party’s acts, omissions, availability or decisions, but will use reasonable care in operating supported integrations.
11Intellectual property
NexSense and its licensors retain all rights in the Services, software, designs, trademarks and content, excluding data supplied by users. Subject to the applicable subscription, authorised users receive a limited, non-exclusive, non-transferable right to use the Services for internal business purposes.
12Availability and changes
We aim to keep the Services reliable and secure but do not guarantee uninterrupted or error-free operation. Maintenance, internet, device, gateway and third-party outages may affect availability. We may improve, replace or discontinue features with reasonable notice where practicable.
13Disclaimers and liability
To the maximum extent permitted by Malaysian law, the Services are provided on an “as available” basis. NexSense is not liable for indirect or consequential loss, loss of profit or data, a merchant’s underlying goods or services, payment-gateway processing or settlement, or decisions made solely from automated records. Liability that cannot lawfully be excluded remains subject to applicable law and any signed agreement.
14Suspension and termination
We may suspend access where reasonably necessary to protect security, prevent unlawful use, address non-payment or comply with law. Subscription termination, data export and deletion are governed by the applicable merchant agreement and legal retention obligations.
15Governing law
These Terms are governed by the laws of Malaysia. The courts of Malaysia have jurisdiction, subject to any dispute-resolution process in a signed agreement.
16Changes and contact
We may update these Terms when the Services, law or business practices change. The revised date will be shown at the top. Material changes may also be communicated through the Services or to the registered business contact.
Questions may be sent to sales@nexsense.com.my.