TERMS & CONDITIONS GOVERNING THE USE OF MAA CREDIT BERHAD WEBSITE
The following terms and conditions constitute an agreement between you and MAA Credit Berhad (Company No. 186820-M) (“MAAC” “we” or “our” or “us”), the operator of the website which offers micro financing products (the “Website”). These terms of use (“Terms of Use”), together with our Personal Data Protection Notice located at the Website (which is incorporated herein by reference, and collectively, this “Agreement”) govern your use of the Website.
By using or otherwise accessing the Website, you agree to the terms of this Agreement. If you do not agree with this Agreement, you must refrain from accessing or using the Website. Please note that we offer the Website "AS IS" and without warranties. You are required to register and authorize the use and disclosure of your information for purposes of allowing us to grant you access to the Website and as otherwise disclosed in our Personal Data Protection Notice.
1. WEBSITE
The Website allows you to access micro financing facility offered by MAAC and make a loan application.
Access to the Website is currently provided free of charge. We reserve the sole right and discretion to impose a charge for such access or any products or services which may be provided or any portion thereof at any time in the future, subject always to us giving you prior notice of the same. We reserve the right to suspend and/or terminate your account at any time which will result in your inability to use the Website.
If you chose to subscribe to our newsletter when you created an account on our Website, we will send you our newsletter and/or e-mails containing marketing information or other similar products that we think may be of interest to you. If you no longer wish to receive any e-mails from us, you can unsubscribe at any time by using the unsubscribe function in each e-mail message or you can contact us.
2. CONTENT
You acknowledge that the Content that we disclose is to the best of our knowledge or based on the information provided to us by third parties and do not constitute an opinion or advice, nor is it a substitute for the same. The Content is provided solely to assist you with identifying a micro financing facility for your financing needs. “Content” means design, text, data, graphics, images, user interface, visual interface, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Website including without limitation Content provided in direct response to your questions or postings.
You are solely responsible to: (i) evaluate the quality, adequacy, completeness and usefulness of all services, Content, advice, opinions and other information obtained or accessible through the Website; and (ii) seek further professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any investment, business or commercial decision based on any such materials or information. You agree that your use of the Content is solely at your own risk.
We may, but have no obligation to have the Content posted through the Website reviewed by our editorial personnel. It is important to note, however, that the timeliness, accuracy, and completeness of any or all of the Content are not guaranteed. We will not be responsible for any errors or omissions or for the results obtained from the use of such Content.
3. REGISTRATION
As part of the registration process, you are required to provide your name, email address, phone number and create a password. These are your registration details for accessing the micro financing facility that are only available to registered users ("Registration Details"). The Registration Details must be kept confidential at all times and must not be disclosed to anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to support@maacredit.com.my.
You must be 18 years of age or over to register with us or use the Website. If you do not qualify under these Terms of Use, do not use the Website. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.
4. USER OBLIGATIONS
By registering for access to the Website, you agree to abide by the following terms and conditions: (1) you may only use the Website for lawful, non-commercial, personal purposes and not for any purpose that is illegal or prohibited by these Terms of Use; (2) you are responsible for protecting the safety and security of any computer, mobile phone and/or any other equipment and/or hardware you use to access the Website; (3) you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable; (4) you may not attempt to gain unauthorized access to the Website, user accounts, computer systems or networks through hacking, password mining or any other means; (5) you agree to provide current, accurate and up-to-date information about yourself as required under these Terms of Use; (6) you agree not to post or transmit any unsolicited advertising or promotional materials; (7) you will not infringe our intellectual property rights or those of any third party in relation to your use of the Website; (8) you will not post or transmit any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware; and (9) you accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and reserve the right to update this information at any time.
Any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your access and use of the Website.
5. YOUR PERSONAL INFORMATION
We collect and process your personal data in accordance with the Personal Data Protection Notice at the Website and you hereby consent to the processing of your personal data in accordance with the said notice.
6. WEBSITE MAINTENANCE
It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Website, which may temporarily degrade the quality of the Website or result in a partial or complete outage of the Website. In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the Website.
7. CONTENT YOU POST OR SUBMIT
You may have in the future the opportunity to submit reviews regarding your experiences with the Financial Provider featured through the Website, to submit inquiries concerning possible financing needs, to participate in the other interactive and community features of the Website (collectively “Posted Information”). It is important that you act responsibly when providing Posted Information and you shall at all times comply with the above section on User Obligations.
We reserve the right to investigate and take appropriate legal action against anyone who breaches this provision or the above section on User Obligations, including without limitation, removing any offending communication from the Website and terminating the account of such violators or blocking your use of the Website.
By posting Posted Information through the Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant to us and our contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, distribute such Posted Information to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. We reserve the right to adjust, refuse or remove the Posted Information at our sole discretion.
8. INTELLECTUAL PROPERTY RIGHTS
Copyright in the Website and the Content (including designs, texts, graphics, logos, icons, user interfaces, visual interfaces and software) is owned or licensed by us and/or MAA Group Berhad and/or its group of companies (together as “MAA Group”) and/or its third party licensors. You acknowledge that the Website and any underlying technology or software used in connection with the Website contain the proprietary information of MAA Group and/or its third party licensors. We give you permission to use the Website and the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Website. Except as expressly authorised by these Terms of Use, you may not in any form or by any means: (1) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; (2) commercialise any information, products or services obtained from any part of the Website; (3) modify, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or use any part of the same to provide or incorporate into, any product of service provided to a third party; or (4) downloading or storing the Content. Subject to the foregoing restrictions, we grant you a non-exclusive, non-transferable, revocable license to use the Website solely for you to secure a micro financing deal.
If you use any of MAA Group’s or our third party licensor’s trademarks, rights in internet domain names and website addresses and other rights in trade names (“Marks”) in reference to our activities, products or services, you must include a statement attributing the Marks to us. You must not use any of the Marks: (1) in or as the whole or part of your own trademarks; (2) in connection with activities, products or services which are not ours; (3) in a manner which may be confusing, misleading or deceptive; and/or (4) in a manner which disparages us or our information, products or services.
9. LINKS TO OTHER SITES
The Website may contain links to other websites (“Linked Websites”). Such links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with the Linked Websites. The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
10. PROHIBITED ACTIVITIES
We may (but shall be under no obligation to) investigate if you have misused the Website, or behave in a way, which we regard as inappropriate, unlawful or illegal. The following is a non-exhaustive list of prohibited activities which you shall not engage in with respect to the Website. We reserve the right to amend this list at any time. The prohibited activities include, without limitation: (1) impersonating any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; (2) expressing or implying that any statements you make are endorsed by us without our specific prior written consent; (3) using any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Website; (4) "frame" or "mirror" any part of the Website, without our prior written authorization; (5) using any code or other devices containing any reference to us or the Website to direct persons to any other website and/or service; (6) using the content contained in the Website for any illegal, fraudulent or harmful purpose; (7) using the Website in any manner that could damage, disable, overburden, impair the operation of the Website, our servers or networks, or interfering with any other party's use and enjoyment of the Website, or violate any requirements, procedures, policies or regulations of such networks; (8) violating any laws; (9) publicly disseminate information regarding the performance of the Website or access or use the Website for competitive analysis or benchmarking purposes.
11. DISCLAIMER
You release us from all liability for you having acquired or not acquired the Content through the Website. We make no representations concerning any Content contained in or accessed through the Website, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. We make no representations or warranties regarding suggestions or recommendations or endorsements of services or products offered or purchased through the Website.
Save and except for any implied warranties which cannot be contracted out by law, we hereby disclaim all warranties, with respect to the Website, including without limitation any warranties that the Website is merchantable, of satisfactory quality, accurate, fit for a particular purpose or need. We do not guarantee that you will be able to access or use the Website (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the Website or any other data or information provided or received through Website. Except as expressly set forth herein we make no warranties about the Website or any other security associated with the transmission of sensitive information. We do not warrant that the Website will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Website are free of computer viruses, contaminants or other harmful items.
Notwithstanding anything contained herein, if you are dealing as a consumer under the Consumer Protection Act 1999 (“Act”) (consumer shall have the meaning prescribed to it by the Act, “Consumer”): (1) we give you such implied warranties under the Act that cannot be excluded by the Act; (2) these Terms of Use are only intended to exclude or limit the remedies and rights you may have under the Act to the maximum extent permitted by law; and (3) nothing in these Terms of Use are intended to exclude or limit our liability to you for any loss or damage arising from the negligence on our part or breach of any express terms contained herein or implied by any applicable law, including the Act which cannot be excluded by law.
Save and except for the foregoing, these Terms of Use shall apply to all users of the Website.
12. LIMITATION OF LIABILITY
In no event shall we be liable to you (or to any third party claiming under or through you) for any loss or damages howsoever arising, including without limitation, any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use the Website. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses even if we knew or should have known of the possibility of such damages.
13. INDEMNIFICATION
You agree to indemnify us against any loss, damage or cost incurred by us arising out of your access or use of the Website, including, without limitation, the Content or any other information accessible over or through the Website, any content submitted by you or your violation of these Terms of Use, or any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, breach of confidence, infringement of copyright or infringement of any other intellectual property right).
14. TERMINATION
We may terminate and/or suspend your registration immediately, without notice, if there has been a breach of this Agreement or other policies and terms posted on the Website by you or by someone using your Registration Details. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. We shall not be liable to you or any third party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register). Notwithstanding anything contained in this Agreement, any provisions of this Agreement which are capable of having effect after the termination of your registration shall remain in full force and effect following the termination of your registration.
15. GENERAL
15.1 Amendments to These Terms of Use
We reserve the right to amend these Terms of Use and the other documents consisting of the Agreement at any time. Upon any such change, we will post the amended terms on the Website or we may also attempt to notify you via electronic or conventional mail. Your continued access to and/or use of the Website following such posting and/or notice shall constitute your agreement to be bound by these Terms of Use or other applicable Agreement document, as amended. If at any time you choose not to accept these Terms of Use, including following any such modifications hereto, then you must stop using the Website.
15.2 Severability
If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
15.3 Governing Law
This Agreement shall be governed by the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction.
15.4 Non-waiver
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
15.5 Entire Agreement
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Website including the Personal Data Protection Notice, constitute the entire agreement between you and us and supersede all previous written or oral agreements.
15.6 Headings
The headings in this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
15.7 Non-assignment
You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
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PRIVACY POLICY
NOTICE UNDER THE PERSONAL DATA PROTECTION ACT 2010
This written notice (“Notice”) is issued by MAA Credit Berhad and on behalf of its related corporations, including without limitation MAA Group Berhad (collectively“our”, “us” or “we”). For the purpose of this Notice, the terms “personal data” and “processing” shall have the same meaning as prescribed in the Personal Data Protection Act 2010 (“Act”).
1. CONSENT
This Notice serves to inform you that your personal data is being processed by us or on our behalf when you access our website at www.maacredit.com.my (“Website”) and you hereby give your consent to the processing of your personal data.
2. DESCRIPTION OF PERSONAL DATA
We may collect a variety of your personal data including but not limited to your name, Malaysian Identification Card number, passport number, e-mail address, contact number, income, bank account details, credit record history, other personal data you submitted to us through the Website and all other personal data we again collect from you on any subsequent occasion.
3. PURPOSES
Your personal data is being or is to be collected and further processed for:
- performing our pre-contractual and contractual obligation with you;
- granting you access to the Website;
- assessing your application for any of our products and services;
- verifying your financial standing through credit reference checks;
- verifying and carrying out financial transactions in relation to payments you make online;
- providing our products and/or services to you (or your company, if applicable);
- communicating with you;
- responding to your inquiries and resolving disputes;
- facilitate the assessment of your creditworthiness in the event of a default in repayment by you;
- conducting internal activities;
- market surveys and trend analysis;
- improving our services, content and advertising in the Website;
- providing you (or your company, if applicable) with information on our products and/or services, promotional offers and of our related corporations and business partners;
- conducting other legitimate business activities;
- complying with any legal or regulatory requirements; and
- such other purposes directly related to the foregoing.
(collectively, the “Purposes”)
4. SOURCE OF PERSONAL DATA
Your personal data is being or is to be collected:
- from the cookies;
- from your Malaysian Identity Card or passport;
- from your salary slip and bank statement;
- when you register to have access to the Website,
- when you log in to or use the Website;
- when you contact our customer service centre;
- when you submit your personal data to us for any of the Purposes;
- from all other personal data we again collect from you on any subsequent occasion; and
- from all other information that you may provide us from time to time.
5. ACCESS TO, CORRECTION OF AND LIMITING THE PROCESSING OF PERSONAL DATA
You have the right to request access to and to request correction of your personal data and to contact us with any inquiries or complaints in respect of your personal data (including the possible choices and means for limiting the processing of your personal data or to cease or not begin processing your personal data for purposes of direct marketing) from:
Designation: Loan Officer
Telephone No.: 03-62568000
Fax No. : 03-62510564
E-mail address: support@maacredit.com.my
6. SUBJECT TO PROVISIONS OF THE ACT:
- you may, upon payment of a prescribed fee, make a data access request in writing to us; and
- we may refuse to comply with a data access request or a data correction request and shall, by notice in writing, inform you of our refusal and the reasons of our refusal.
7. DISCLOSURE OF PERSONAL DATA
We disclose or may disclose your personal data to MAA Group Berhad group of companies, our related corporations, business partners, service providers, credit reporting agencies, our financial and professional advisors, banks, governmental departments and/or agencies, regulatory and/or statutory bodies and any such third party requested or authorized by you for any of the Purposes.
8. THIRD PARTY PERSONAL DATA
We may require your assistance if the personal data relating to other persons is required to process your personal data for the Purposes and you hereby agree to use your best endeavors to assist us when required. In the event that personal Data of any third party is supplied by you to us, you shall ensure that such third party has read this Notice and consented to us collecting his /her personal data for any of the Purposes prior to the supply of his/her personal data to us.
9. OBLIGATORY PERSONAL DATA
It is obligatory that you supply us the details marked with asterisk (*) in our registration form (collectively, “compulsory personal data”). If you fail to supply us the compulsory personal data, we may refuse to process your personal data for any of the Purposes and /or result in us being unable to provide you with the services and/or products requested.
10. TRANSFER OF PERSONAL DATA TO PLACES OUTSIDE MALAYSIA
We may transfer your personal data to a place outside Malaysia and you hereby give your consent to the transfer.
11. ACCURACY OF YOUR PERSONAL DATA
You are responsible for ensuring that the information you provide us is accurate, complete, not misleading and kept up to date.
12. CONFLICT
In the event of any inconsistency between the English version and the Bahasa Malaysia version of this Notice, the English version shall prevail over the Bahasa Malaysia version.