Terms of use
The following terms and conditions constitute an agreement between you and CapSphere Services Sdn Bhd (Company No.1192211-H) (“we” or “our” or “us”), the operator of the website (the “Website”) which offers a platform for peer-to-peer (“P2P”) financing and a matching service between issuers and investors (who are both registered on our Website) (collectively the “Services”). 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 and/or the Services, 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 and/or the Services. Please note that we offer the Website and the Services "AS IS" and without warranties. You are required to register and authorise the use and disclosure of your information for purposes of allowing us to grant you access to the Website and to provide the Services and as otherwise disclosed in our Personal Data Protection Notice.
1. WEBSITE
The Website and the Services allow you to participate in P2P financing as an issuer or investor (as the case may be).
By using the Website and/or Services, you understand and acknowledge that the P2P financing available on the Website are provided by a third party issuer to a third party investor. From the point at which you submit your information on the Website, we act solely as an intermediary between you and the issuer or investors (as the case may be) only. You authorise us to release the details of your application made through the Website and/or Services to any third party including but not limited to any issuer or investor (as the case may be). The Investment Note and its terms and conditions will govern the relationship between the investor and issuer in respect of such Investment Note issued by the issuer as invested by the investors.
We reserve the right to charge you any fee (as may be disclosed on the Website) for your usage of the Website and/or the Services.
We reserve the right to suspend and/or terminate your account at any time which will result in your inability to use the Website and/or the Services.
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 any issuer, investor and/or third party and do not in any way whatsoever constitute an opinion or advice by us, nor is it a substitute for the same. The Content is provided solely to assist you with identifying any P2P financing between issuers and investors on the Website. “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 the Content provided in direct response to your questions or postings.
You are solely responsible to: (1) evaluate the quality, adequacy, completeness and usefulness of all services (including the Services), Content, advice, opinions and other information obtained or accessible through the Website; and (2) 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 and/or the Services 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. Each issuer remains responsible at all times for the accuracy, completeness and correctness of the Content displayed on the Website.
3. NO WARRANTIES IN RELATION TO THE INVESTMENT NOTE
We do not: (1) recommend or endorse any issuer, investor and/or investment note listed in the Website and/or the Services and (2) make any representations or warranties with respect to any issuer, investor and/or investment note.
We will not in any way whatsoever be liable for any cancelled or otherwise unfulfilled applications or investment note, or any loss, damage and injury resulting therefrom, or for any other losses, damages and injuries whatsoever resulting or arising from or related to the use of the Website and/or the Services.
4. REGISTRATION
As part of the registration process, you are required to provide your name, national registration identity card number, email address, phone number and such other information and documents as may be listed on the Website and create a password. These are your registration details for accessing the Services that are only available to 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 contact@capsphere.com.my.
You must be 18 years of age or over to register with us or use the Website and/or the Services. If you do not qualify under these Terms of Use, do not use the Website and/or the Services. By using the Website and/or the Services, 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.
5. USER OBLIGATIONS
By registering for access to the Website and/or use of the Services, you agree to abide by the following terms and conditions: (1) you may only use the Website and/or the Services 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 and/or the Services; (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 unauthorised access to the Website and/or the Services, 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 and/or the Services; (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 and/or the Services.
6. 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.
7. WEBSITE MAINTENANCE
It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Website and/or the Services, which may temporarily degrade the quality of the Website and/or the Services or result in a partial or complete outage of the Website and/or the Services. 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 and/or the Services.
8. CONTENT YOU POST OR SUBMIT
You may have in the future the opportunity to submit reviews regarding your experiences on any issuer, investor or investment note featured through the Website and/or the Services, to submit inquiries concerning possible financing needs and/or to participate in the other interactive and community features of the Website and/or the Services (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/or the Services and terminating the account of such violators or blocking your use of the Website and/or the Services.
By posting Posted Information through the Website and/or the Services, 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 sub-licensable, 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.
9. 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 any company within our group of companies (together as “CapSphere Group”) and/or its third party licensors. You acknowledge that the Website, the Services and any underlying technology or software used in connection with the Website and the Services contain the proprietary information of the CapSphere 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 and/or the Services. 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 your permitted use of the Services only through the Website.
If you use any of CapSphere 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 (including the Services).
10. LINKS TO OTHER SITES
The Website and/or the Services 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.
11. PROHIBITED ACTIVITIES
We may (but shall be under no obligation to) investigate if you have misused the Website and/or the Services, 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 and/or the Services. 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 and/or the Services; (4) "frame" or "mirror" any part of the Website and/or the Services, without our prior written authorization; (5) using any code or other devices containing any reference to us, the Website and/or the Services to direct persons to any other website and/or service; (6) using the content contained in the Website and/or the Services for any illegal, fraudulent or harmful purpose; (7) using the Website and/or the Services in any manner that could damage, disable, overburden, impair the operation of the Website, the Services, our servers or networks, or interfering with any other party's use and enjoyment of the Website and/or the Services, 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 and/or the Services or access or use the Website and/or the Services for competitive analysis or benchmarking purposes.
12. DISCLAIMER
You release us from all liability for you having acquired or not acquired the Content through the Website and/or the Services. We make no representations concerning any Content contained in or accessed through the Website and/or the Services, 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 and/or the Services. We make no representations or warranties regarding suggestions or recommendations or endorsements of services or products offered or purchased through the Website and/or the Services.
Save and except for any implied warranties which cannot be contracted out by law, we hereby disclaim all warranties, with respect to the Website and the Services, 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 and the Services (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 and/or the Services or any other data or information provided or received through Website and/or the Services. Except as expressly set forth herein we make no warranties about the Services or any other security associated with the transmission of sensitive information. We do not warrant that the Website and/or the Services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Website and/or the Services 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 and/or Services.
13. 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 and/or the Services. 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.
In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the Website and/or the Services regardless of the form of action, exceed any fee for the use of the Website and/or Services paid by you.
14. 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 Services, the Content or any other information accessible over or through the Website and/or the Services, 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).
15. 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 or through the Services 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 and/or the Services. Further, you agree not to attempt to use the Website and/or the Services 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.
16. GENERAL
16.1 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.
16.2 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.
16.3 Communication
If you wish to make any query, communication or complaint, please send your query, communication or complaint by email to us at the following:
Attention: Customer Experience
Email: contact@capsphere.com.my
16.4 Dispute
Both of us will endeavour to resolve amicably any dispute arising out of this Agreement and/or other documents in connection thereto within 30 days of receipt of a written notice from any one of us to the other, failing which, Clause 16.5 below will apply.
16.5 Governing Law
This Agreement shall be governed by, and construed in accordance with, the laws of Malaysia. Any dispute arising out of or in connection with this Agreement and/or other documents in connection thereto, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by the Courts of Malaysia. The courts of Malaysia shall have exclusive jurisdiction.
16.6 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.
16.7 Entire Agreement
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Website and/or the Services, including the Personal Data Protection Notice, constitute the entire agreement between you and us and supersede all previous written or oral agreements.
16.8 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.
16.9 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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