Terms Of Use

This Terms of Use (together with our Privacy Policy), incorporated herein by reference, the “Agreement”) is a legal

agreement between you and FINANDCO SDN BHD (“FINANDCO” or “we”). By accessing our website www.finandco.my (the “Site”), you agree to comply with and be legally bound by the Agreement. If you do not agree, please do not access our Site. Our Site is not for minors (persons under 18 or under the legal age in your jurisdiction). If you are minor, then please do not use the Site.

 What We Do

FINANDCO is a company that providing consultant services to individual and corporate clients. Each person or entity can use FINANDCO’s website for the purposes permitted by the terms and conditions stipulated herein. Those who access or use the Service do so at their own risk and volition and are solely responsible for compliance with applicable law.

Eligibility to Use the Site

You may view Content on the Site without registering, but as a condition for certain aspects of the Service, you may be required leave your contact details. When you are utilizing our website and/or enquiring about our services, you represent and warrant that:

• all information you submit is truthful, current, complete and accurate;
• your use of the Service does not violate any applicable law or regulation; and
• you are at least 18 years of age (or a legal age in your jurisdiction) or have received parental consent and supervision when using the Service and your parent or legal guardian also agrees to be bound by this Agreement and agrees to be responsible for your use of the Service; and

We reserve the right to terminate your use of the Site at any time, for any reason at our sole and absolute discretion.

All Users

You additionally represent and warrant that you will comply with any or all applicable obligation of registration or licensing requirements and applicable laws and regulations in your jurisdiction when you utilize the services provided by FINANDCO; and

You understand and agree that, if asked by FINANDCO, you will be required to provide supplementary information about yourself or your organization. You authorize FINANDCO to conduct background inquiries either directly with you or through a third-party service provider.

Customer Verification (Know-Your-Customer/Customer Due Diligence) Processes

At the point of obtaining services from us, you must provide us with all the requisite information for the purposes of identity verification and permit us to keep a record of such information. You will need to complete all the verification procedures to gain access or use FINANDCO’ Services. The information we request include certain personal information, such as your name, address, telephone number, e-mail address, date of birth, government identification number, passport number (if applicable). By furnishing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provided changes in due course.

Upon the registration for our services, we will manually conduct a customer identity verification process. This is an initiative adopted by us in order to curb and prevent money laundering, terrorist financing, fraud, or any other illegal financial activities. In such circumstance, you authorize us to make further inquiries, whether directly or through third parties, of which we consider necessary to verify your identity to protect you and/or us against fraud or other financial crime. During the verification process, you are required to: –

1. Fill up all the required details; and
2. Provide us with all documents that we requested.

You acknowledge and agree that your personal information above will be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full as highlighted in our Privacy Policy.

Additional Representations

You additionally represent and warrant that any services that you are seeking through FINANDCO is legal in your jurisdiction. We will not be held liable for any loss or damages due to your non-compliance.

Further, you agree that your use of the Service and reliance upon any of the materials available at the Site is solely at your own risk. You should ask questions and investigate to the extent you feel is necessary.

Intellectual Property

The Site contains trademarks, service marks and domain names owned by FINANDCO or other affiliated third parties. Unless specifically noted that such trademarks, service marks or domain names belong to a third party, FINANDCO owns all trademarks, service marks and domain names displayed on the Site, whether registered or unregistered, including but not limited to, the name FINANDCO, our logo, our design patterns and our other graphics, http://www.finandco.my website trade address, and other indicia of origin of FINANDCO products and services. The use of our intellectual property is strictly prohibited, unless we have granted our prior written consent.

The content of the Site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and any other works of authorship, both individually and as they are compiled on the Site (the “Content”), and software used on this Site, are the property of FINANDCO or third parties, and are protected by copyright and other Malaysia and foreign intellectual property and related laws, rules and regulations. The Content includes both material owned or controlled by FINANDCO (“FINANDCO Content”), and material owned or controlled by third parties and licensed to FINANDCO, including User Content (as described below). Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws. You agree to abide by all copyright notices, information, or restrictions contained in or attached to any of the Content.

License Grant

We hereby grant you a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Service and the Content subject to your eligibility and your continued compliance with this Agreement. We are not responsible to ensure, and disclaim any responsibility for, your ability to open, use or view the Content we provide. As between you and us, we retain all right, title and interest in and to the Content (other than your own User Content), and all related intellectual property rights. We reserve all rights not granted in this Agreement.

Unsolicited Idea Submissions

We are always happy to hear from our users and are grateful for your comments and suggestions how to improve our Services. The following policy applies to all third-party submissions of ideas, comments, suggestions, improvements, proposals or materials:

All submissions are non-confidential and non-proprietary;

We will not be liable for any use or disclosure of any submission; and

We can use the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.

Prohibited Activities

By accessing and using the Site, you agree that you will not use the Site and the Service for any unlawful or prohibited purpose. You may not attempt, through any means, to gain unauthorized access to any part of the Site or the Service, other account, computer system or network connected to our server. FINANDCO reserves the right, in its sole and absolute discretion, to monitor any and all use of the Site and remove any User Content at any time.

Without limiting the foregoing, you will not use the Site and the Services to:

• Post or otherwise transmit any User Content that
  • Is unlawful, false, misleading, inaccurate, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another person‘s privacy, hateful racially, ethnically or that encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise objectionable;
  • Depicts or advocates the use of illicit drugs;
  • Makes use of offensive language or images;
  • You do not have a right to transmit under any law or under contractual or fiduciary relationships;
  • Poses or creates a privacy or security risk to any person;
  • Infringes any intellectual property or other proprietary rights of any party;
  • Are “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • In the sole judgment of FINANDCO, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose FINANDCO or its users to any harm or liability of any type;
• Violate any applicable local, state, national, international or other law or regulation, or any order of a court, including without limitation, rules about intellectual property rights, the Internet, technology, data, email or privacy;
• Access the Site and the Content from territories where such website and consent are illegal or strictly prohibited;
• Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
• Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
• Interfere with, disrupt or damage the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• Use the Services to transmit, distribute, post or submit any information concerning any other person without their permission;
• Harvest or collect email addresses or other contact information of other users by electronic or other means without their consent;
• “stalk” or harass any other User or collect or store any information about any other User;
• Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
• Register for more than one user account or register for a user account on behalf of an individual other than yourself;
• Transfer or sell your account and/or username to another party;
• Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• Use automated scripts to access, search collect information or otherwise interact with the Services (including without limitation robots, spiders or scripts) or use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
• Other than with respect to your own User Content,
  • Use, reproduce, duplicate, copy, sell, resell or exploit the Content;
  • Compile a collection of Content, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; or
  • Otherwise remove any text, copyright or other proprietary notices contained in the Content;
• decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction;
• modify, translate, or otherwise create derivative works of any part of the Service; or
• Advocate, encourage, or assist any third party in doing any of the foregoing.

Acknowledgements

You agree and understand that by creating a FINANDCO account and posting User Content, you will be exposing your personal information to others. Under no circumstances will FINANDCO be liable for any consequences resulting from you sharing your information with other people, including, but not limited to, for any errors or omissions, or for any loss, injury or damage of any kind incurred as a result of such actions. You release FINANDCO from any claims related to the sharing of your information through the Site, including personally identifiable information. You acknowledge that FINANDCO has no control over, and no duty to take any action regarding: which persons gain access to your information; how they use such information and what effects this may have on you.

External Links

This Agreement applies only to the Site and the Services. In using the Services, you may be exposed to content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links, from other users or third parties such as producers (“Third-Party Content”), either at the Site or through links to third-party websites or mobile applications. Because we do not review, monitor, operate or control any such Third-Party Content, you acknowledge and agree that we are not responsible for the availability of such websites or mobile applications and do not endorse and are not responsible or liable, directly or indirectly, for any content, advertising, products, services or other materials on or available from such websites or mobile applications. We make no guarantees, representations or warranties as to, and shall have no liability for, any content delivered by any third party, including, without limitation, the accuracy or subject matter of any content, or the use of any personal information you provide to any such website. You acknowledge and agree that use of such links is entirely at your own risk. We may discontinue links to any other website or mobile applications at any time and for any reason.

Disclaimer of Warranties

ALL INFORMATION AVAILABLE AT OUR SITE IS PROVIDED ON “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FINANDCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE AND THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SERVICES YOU OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS AND REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, WILL BE OF A CERTAIN QUALITY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE, ARE IMMUNE TO HACKER ACTIVITY, ELECTRONIC OR NON-ELECTRONIC TAMPERING, COMPUTER CRIME OR THEFT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT WE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability

IN NO EVENT SHALL FINANDCO (FOR PURPOSES OF THIS SECTION, “FINANDCO” OR “WE” INCLUDES FINANDCO’S EQUITY HOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, REPRESENTATIVES OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OF INFORMATION THROUGH THE SITE, INJURY TO PERSONAL PROPERTY, BODILY INJURY OR EMOTIONAL DISTRESS, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY AGREE THAT WE WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR THE SERVICES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless FINANDCO, our subsidiaries and affiliated companies, and their officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from

• Your access to or/and use of the Site, the Services or the Content;
• Your violation of this Agreement,
• Your violation of any applicable law;
• Your User Content, or

English Language

In the event of a conflict between these Terms and a foreign language version of our Terms of Use, the English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

International Use

We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, including laws regulating the export of data. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion. Accessing the Site is prohibited from territories where the Site’s Content is illegal.

You represent and warrant that you are in compliance with all laws, restrictions and regulations administered by Governmental Entity imposing economic sanctions and trade embargoes (“Economic Sanctions Laws”) against designated countries (“Embargoed Countries”), entities and persons (collectively, “Embargoed Targets”). You represent and warrant that you are not an Embargoed Target or otherwise subject to any Economic Sanctions Law. You agree to comply with all Economic Sanctions Laws. Without limiting the generality of the foregoing, you agree not to:

• Directly or indirectly export, re-export, transship or otherwise deliver any products, services, technology or information of any portion thereof to an Embargoed Target, or
• Broker or otherwise facilitate any transaction in violation of any Economic Sanctions Laws.

Cooperation with Authorities and Enforcement

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.

Modifications

We may occasionally modify the Terms of Use or the Privacy Policy. All changes will be effective upon posting on the Site. You can determine when the Terms of Use or the Privacy Policy were last revised by referring to the “Last Updated” legend at the top of the page. You agree to be bound by any such changes if you continue to use the Site after such changes have been posted. We may change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time.

Right to Discontinue Services; Termination

FINANDCO may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice, suspend or discontinue, temporarily or permanently, the Site, the and the Services (or any part thereof). You may terminate our Services with you, but we may retain your information after you terminate, in accordance with our regulatory, accounting, and legal compliance procedures. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE OR THE SERVICES. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Copyright Notice Policy

FINANDCO respects copyright law and expects its users to do the same.

No Legal /Financial Advice

Nothing contained in this Agreement or the Service constitutes legal/financial advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your attorney.

Notification Procedures

You agree that FINANDCO may provide notifications to you via email, hard copy notice, or through posting on our Site.

Ownership

Utilisation of FINANDCO website does not in any way grant users any ownership or right to property in FINANDCO or on the FINANDCO platform or that of any other related company. While the community’s opinions and feedback may be taken into account, FINANDCO do not give any right for users to participate in decision making or any direction of business development related to the FINANDCO services.

Absence of guarantees of income or profit

There is no guarantee that any of our services will help the users to profit. If it happens that users profited, there are no guarantees that it can be replicated or be repeated, including significantly, due to some unforeseen events, or events over which the FINANDCO have no control, or because of force majeure circumstances.

FINANDCO is not an investment company

FINANDCO is not officially or legally binding investments advisor/consultant of any kind. However, in case of unforeseen circumstances, the objectives stated in this document may be changed. Despite the fact that we intend to reach all goals described in this document, all persons and parties involved in the usages of FINANDCO services shall do so at their own risk.

Miscellaneous

Reservation of Rights. We reserve all rights not expressly granted by this Agreement.

Dispute resolution. This Agreement shall be governed by and construed in accordance with the laws of the Malaysia. In the event of a dispute, the courts of Malaysia shall have absolute and exclusive jurisdiction.

Material Terms. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by us to provide the Site.

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, that term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the terms and conditions hereunder will be construed and enforced accordingly, preserving to the fullest permissible extent the intent of this Agreement.

Assignment; Waiver. You may not transfer, assign or delegate any of your rights, obligations or privileges hereunder; we may do so at any time. Any assignment of the foregoing other than as provided for in this section shall be null and void. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

Complete Agreement. This Agreement, including any references mentioned and incorporated herein, together with such changes as may be subsequently made by we, constitutes the complete agreement between you and us, our subsidiaries, affiliated companies, licensors, and those third parties assisting in the operation of the Site with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings, written or oral. This Agreement may not be amended by the user. This Agreement supersedes any previous quotations, correspondence, or other communications, written or oral, between you and us.

If you have any questions or concerns regarding this Agreement, you may contact us by e-mail at info@finandco.my

Last Updated: 20 August 2019