(a) terms and conditions in relation to the use of the following website (“Website T&C”):
(collectively, known as the “Website”);
A. Website T&C
The Website are operated by Finspark M1 Sdn. Bhd. 202101022473 (1422773U).
1.1 References to “you” in this Website T&C refer to you.
1.2 References to “we”, “our” or “us” in this Website T&C refer to Finspark M1 Sdn. Bhd. 202101022473 (1422773U).
You hereby acknowledge that you have read, understood and agree to be bound by all the provisions contained in this Website T&C.
- Website Content
3.1 All contents of the Website, including but not limited to information, data, articles, features, images, icons, audio, video, links to third party sites or otherwise etc. (“Website Content“) are provided on an “As Is” and “As Available” basis without any representations or warranty (whether implied, express or statutory) on the truth, accuracy, completeness, compatibility, reasonableness or sources of such Website Content.
3.2 Inclusion or links to any third-party site or any third-party content does not imply approval or endorsement by us and you shall access and evaluate those information at your own risk.
3.3 All Website Content are protected by copyright laws, trademarks or other information and intellectual property rights, and are either owned or controlled by us. Any alterations, copying, distribution, transmission, display, reproduction, publishing, linking of any part of the Website or Website Content in any manner is strictly prohibited without our prior written consent.
- Disclaimer and Non-liability
4.1 Under no circumstances that shall we be liable for your injuries, any incidental, direct or indirect, special, consequential or exemplary damages, loss, expenses and/or costs incurred or suffered by you, including but not limited to, any loss of profits, loss of revenue or income, loss of business, loss of reputation, depletion of goodwill and/or any similar loss, loss of anticipated savings, loss of opportunity, loss of use, whether or not the same was/were foreseen or foreseeable, caused by or arising from the following:-
(a) any error, problems, delay or technical malfunction of any system, software and hardware, servers, providers, features, network, equipment, devices howsoever caused;
(b) the conduct of any user accessing the Website or services offered through the Website, whether online or offline;
(c) your use or reliance of the information and material contained in the Website, Website Content or from your access to linked website;
(d) false, incorrect, incomplete information or any misrepresentation or infringement of third-party rights relating to the use or reliance on any part of the Website Content;
(e) any improper or unlawful third-party act including but not limited to theft, fraud, hacking, unauthorized access or use of the Website due to any reason whatsoever at any time;
(f) any rejection, revocation, cancellation, termination, suspension, blocking of any user account, requests, application or any outcome or result whatsoever whether determined by us or otherwise;
(g) any incident or occurrence caused under circumstances where a disclaimer of liability or warranty has been specifically made under this Website T&C; and/or
(h) any breach of this Website T&C.
4.2 We make no warranty of any kind either implied, express or statutory, including but not limited to warranty of ownership, non-infringement, satisfactory quality, suitability or eligibility, re-payment, returns, results, debt collection nor do we warrant that the Website, any software and hardware will be free of bugs, errors, viruses or other defects.
4.3 You hereby undertake to fully indemnify us for any damages, losses, expenses and costs that may arise (whether direct or indirectly) due to you committing a breach of any provisions of this Website T&C. Your obligation to indemnify us shall be in addition to and without prejudice to other rights and remedies available to us whether under contract, common law or otherwise.
- Consent to Electronic Transactions and Signatures
You agree that all businesses, signatures, communications, notices, instructions and messages transacted and executed electronically through the Website shall be deemed properly executed and received.
- User Representations
Without prejudice towards your other obligations under this Website T&C, you further represent and warrant that you:
(a) are eighteen (18) years of age or older (applicable to natural persons only);
(b) will not damage, disable, overburden, hack or impair the Website or interfere with any other user’s use and enjoyment of it;
(c) will not destroy or cause harm or limitation to the functionality of any computer software or hardware operating or accessing the Website, such as infecting them with viruses, computer “worms”, trojan, spyware, keyloggers or any other malicious software;
(d) will not upload, submit, publish, share, send or post any unsolicited or unauthorised materials on or vide the Website including but not limited to spam or chain mails, advertising or promotional materials or any other form of solicitation;
(e) will not copy, reproduce, alter, modify, create derivative works from, or publicly display, any part of any content from the Website without our prior written consent;
(f) will not contact any users/members of the Website directly to enter into any lending transactions outside of the services provided on the Website;
(g) will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity or authority to act on behalf of any person or entity;
(h) will not register for a user account for another user or operate a user account or sign a document required by the Website for the benefit of any person or entity who is not eligible to do so;
(i) will not register for a user account for another user or operate a user account or sign a document required by the Website for the benefit of any person or entity unless being validly authorized to do so; and
(j) will only use the Website for lawful purposes and will not be involved in any unlawful activities including but not limited to money-laundering, fraud, scams, cyber-crime and any other criminal acts.
- Our Rights
7.1 In addition to and without prejudice towards other rights and remedies we may have in contract or in law or otherwise, in the event you are found to have breached any of the terms contained in this Website T&C, we shall have the right to revoke, suspend or terminate your user account, cancel or revoke any approval or requests for services granted by us and/or block or bar your access to the Website.
7.2 In the event we fail, delay or neglect to enforce any provision, right or remedy under this Website T&C, it shall not be construed as a waiver of our rights to enforce the same.
- Modification and Revision
8.1 We reserve the right to modify the content, features and functionality of the Website and to limit or deny access to all or part of the Website at any time, for any reason, without prior notice, and will not be liable in any way to you, your company or any third party for any loss, liability or consequences of such actions.
8.2 We may revise this Website T&C at any time without prior notice and you are advised to check this Website T&C periodically to ensure that you are aware of and are complying with the current version. Changes are binding on all users of the Website and will take effect immediately from the posting of the revised version of the Website T&C on the Website. You agree that your use or continuing use of the Website shall constitute your acceptance of such changes.
Each of the provisions of this Website T&C is severable and distinct from the others and, should any provision of this Website T&C is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the legality, validity and enforceability of the remaining provisions shall not be affected in any way.
- Governing Law
This Website T&C shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the non-exclusive jurisdiction of the Courts of the Malaysia. Should you have any further query on the above, please drop us an email at [email protected] or contact us at +60 11-1310 1012.