Website Terms of Use

Last updated: 14th October 2020

Terms and Conditions

 

1. ABOUT THESE TERMS AND CONDITIONS

 

a) These terms and conditions (“these Terms”) apply to your use of this website maintained by Pertama Digital Berhad (Malaysian company registration number: 198401002327 (114842-H)). 

 

b) By using this website, you consent to the collection, storage, use and disclosure of your personal data according to, and agree to be legally bound by, these Terms as long as you continue to use the website. You should read these Terms carefully before proceeding to use the website. 

 

c) You confirm that you have the legal capacity (including being of legal age under Malaysian laws) and authorisation to so use and be bound. If you do not have the legal capacity or authorisation to do so or if you do not agree to these Terms: (i) you must not use this website; and (ii) if you continue to so use, you do so under a disclaimer of any rights against us and under the indemnity in these Terms. 

 

d) The updated version of these Terms are published on this website. We are not obliged to notify you personally about the changes to these Terms, this website and the way they look or function. 

 

2. PRIVACY

 

a) In compliance with the Personal Data Protection Act 2010 of Malaysia, we are committed to safeguard the privacy of personal data you provide to us. They are encrypted and protected by a robust and redundant system with strict security policies, both electronic and human. Our personnel are trained with emphasis on the importance of keeping your personal data private. 

 

b) We collect such personal data from the government and other organisations as well as during your interaction with us, including when you use this website, when you communicate with us and when you meet our representatives. We may use cookies to gather information about your use of this website, including personal data. Cookies might be downloaded to your device when you visit a webpage on this website. If you wish to refuse cookies, you may adjust the setting on your device accordingly.

 

c) The data that we collect and store about you could include:

  • Details of your visits such as pages and links accessed and how long they are visited.

  • Data about web traffic, location and other communications.

  • Any other data you provide to us.

 

d) We may disclose your personal data to 3rd parties (including our related corporations (as defined in the Companies Act 2016 of Malaysia), service providers, financial institutions and governments, which may be located outside Malaysia). Our collection, storage, use and disclosure of your personal data may be for any of the following purposes: 

  • contacting you and executing the functions of this website.

  • improving this website, including tailoring the functions to your preferences.

  • offering products that may be of interest to you and other marketing and promotional activities. 

  • providing you information about the functions of this website. 

  • producing reports and statistics showing anonymous or aggregated personal data.

  • detecting abuse, protecting against fraud and conducting other due diligence. 

  • conducting market surveys.

  • complying with our legal obligations.

  • as part of a change of control over our business.

  • investigating and resolving disputes and enforcing our rights under these Terms and the law.

 

e) We store your personal data (either in our servers or those of 3rd parties) throughout the time you are in a relationship with us and afterwards, for as long as necessary to protect our interest. We may transfer your personal data to locations outside Malaysia for analysis and storage. 

 

f) You may request to see your personal data we have in our record and to have them corrected. You may also refuse or withdraw your consent for us to collect, store, use or disclose your personal data or ask that they be deleted from our storage, but if you do so, this website may not work for you and you may miss important communication. To proceed under this paragraph, please write to us at the channels shown in this website.

 

g) If you provide to us personal data of a 3rd party including anyone without the legal capacity to give consent, you confirm that you have the explicit consent from that 3rd party, or the legal right, to do so. You also confirm that you will be personally liable for their actions when they use this website, as well as indemnify us under these Terms.

 

3. INTELLECTUAL PROPERTY

 

a) All intellectual property in this website; any content posted on or transmitted through them; and any communication with us, shall vest in us. If we require, you must do all things necessary to secure such intellectual property in our name.

 

b) The domain name at which this website is located and the trade names, trademarks, logos and other marks displayed on this website are our property or the property of 3rd parties. You must not use any of such intellectual property without prior written consent from us or the respective owners.  

 

4. DISCLOSURE AND DISCLAIMER

 

a) Sometimes, your use of this website may be interrupted. This could happen due to power failure, equipment malfunction, human error, software update, maintenance, repair, government order, epidemic, natural disaster, emergency, social unrest, labour conflict or any other reason. It could result in loss of, or limited, access; loss of data or customised settings; limited or no functionality; obsolete or wrong data displayed; transactions abandoned or mistakenly concluded; or other loss or inconvenience. We are not liable for such interruption.

 

b) The sending of information electronically is not always secure. The information which you provide through this website or which we transfer electronically could be intercepted and used for malicious purposes.

 

c) Certain contents and functions of this website rely on information and services provided, platforms hosted, and action taken, by 3rd parties. Through this website, you might be able to request information from a 3rd party or direct it to take action. We do not review such information or direction and do not assume responsibility for the 3rd party’s response or inaction. We are not responsible for the legality, accuracy, truth, completeness, currency, punctuality, availability or quality of such information, services or action and the integrity of such platform and how these might affect this website or your investment decisions. 

 

d) We do not give any warranty (whether statutory, express or implied) on the availability, reliability or quality of hardware or internet or telecommunication services for you to use this website; the freedom of this website from malware; the security of information you provide through this website; non-infringement; or fitness for a particular purpose. Your use of this website, including your investment decisions based on information in this website, is at your own risk. 

 

5. COMPLAINTS

 

a) If you have a complaint about any aspect of this website or our conduct (including misbehaviour of our staff or if you find any part of this website infringes your intellectual property right), you must write to us directly and privately at the channels shown in this website, providing full details to enable us to resolve the complaint. Kindly note that complaints raised in any other manner (including via social media accounts or the print media) will neither be effective nor conducive towards resolving your complaint.

 

b) To resolve your complaint, we may take up to 90 days after you have given us full details of the complaint in the manner mentioned in paragraph (a) above. You may only resort to action against us in a court or an alternative dispute resolution forum if the complaint is not resolved after that period. Resolution of your complaint is full and final settlement between us, in which case you disclaim any right to bring any action, in a court or an alternative dispute resolution forum, against us on the same matter. 

 

c) To facilitate frank discussion between us towards resolution, all communication on the complaint that takes place between us before start of the proceedings in a court or an alternative dispute resolution forum, shall be confidential, without prejudice and privileged from production as evidence in that court or forum. 

 

d) Any court action you may bring against us in relation to this website must be brought only in a court located in Kuala Lumpur or Selangor, Malaysia, which shall have exclusive jurisdiction. You may bring such action in your personal capacity only, not under a class or representative suit. 

 

6. REMEDY

 

a) If your claim is successful against us in any action at a court or an alternative dispute resolution forum, your only remedy is refund of any excess portion of fees relevant to the claim (if any), which is the aggregate limit of our liability to you. If there is no fee relevant to the claim, then the aggregate limit of our liability to you is RM100.00 only for all causes of action on the same matter.

 

b) We are not liable towards you for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages (including loss of profit, revenue or business) arising from your use of this website, even if we have been advised of the possibility of such damages. We are not liable to any of your family members and associates.

 

c) You shall indemnify us and our shareholders, directors, officers, employees, contractors and agents and hold us and them harmless against all claims, penalties, costs (including legal costs) and any other liability arising from any of your conduct in relation to this website, including those relating to breach of these Terms; breach of laws; intellectual property infringement; and those leading to loss of reputation, death, injury or damage to, or loss of, property. You shall also reimburse us for legal costs we have to spend to enforce our legal rights against you.

 

7. INTERPRETING THESE TERMS

 

a) These Terms must be interpreted in accordance with Malaysian law, which shall govern the relationship between us. When reading these Terms, please remember that words using the singular or plural number also include the plural or singular number, respectively. Also, words following “include”, “including”, “whether” or “other” and their various forms refer to a non-exhaustive category. 

 

b) The relationship between us and you under these Terms shall not be construed to constitute a partnership under the Partnership Act 1961 or an agency. You have no right to legally bind us to any agreement with a 3rd party.

 

c) No failure to exercise or delay in exercising by us of any claim, remedy or right under these Terms shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other claim, remedy or right. Our waiver of your breach of these Terms shall not be construed as a waiver of any subsequent breach. Our rights and remedies under these Terms are cumulative and not exclusive of other rights or remedies provided by law.

 

d) These Terms contain the entire agreement between us and you on the subject matter here and supersedes all prior agreements and understandings between us and you whether written or not, including any promises by our representatives. Except as provided under these Terms, no communication between us and you, whether or not through our respective representatives, shall be valid to amend these Terms or to grant any waiver to you unless formalised in writing, expressed as such an amendment or waiver and signed by a member of our senior management team specifically authorised to do so.

 

e) If any provision of these Terms is determined to be unenforceable against you by any court of competent jurisdiction, it shall have no effect on the other provisions of these Terms. In that case, these Terms shall be interpreted so as to put into effect the original intent of the unenforceable provision as closely as possible.

 

f) The English language version of these Terms prevails over any other language versions.

 

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