Terms + Conditions

TERMS OF USE

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.invoiceniaga.com or through our online platform (our sites), whether as a guest or a registered user. Use of our sites includes accessing, browsing, or registering to use our sites. By using our sites, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our sites.

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our sites: Our Personal Data Protection Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our sites, you consent to such processing and you warrant that all data provided by you is accurate. Our Cookie Policy, which is incorporated into our Personal Data Protection Policy, and which sets out information about the cookies on our sites.

INFORMATION ABOUT US

www.invoiceniaga.com and our online platform are sites operated by Truecapital Asia Sdn Bhd (“We”, “Us” and “Our”). We are a private limited company registered in Malaysia under company number 621598-K and have our registered office and principal place of business at Level 15-07, Menara Mitraland, Jalan PJU 5/1 Kota Damansara, 47810 Petaling Jaya, Selangor Darul Ehsan.

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

CHANGES TO OUR SITES

We may update our sites from time to time, and may change the content at any time. However, please note that any of the content on our sites may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our website, or any content on them, will be free from errors or omissions.

ACCESSING OUR SITES

Our sites are made available free of charge. We do not guarantee that our sites, or any content on them, will always be available or be uninterrupted. Access to our sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our sites without notice. We will not be liable to you if for any reason our sites are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our sites. You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@invoiceniaga.com

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our sites for your personal use and you may draw the attention of others within your organisation to content posted on our sites. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged. You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites. Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our sites is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Malaysian law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our sites or any content on them, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our sites; or use of or reliance on any content displayed on our sites. If you are a business user, please note that in particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on it, or on any sites linked to it. We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

VIRUSES

We do not guarantee that our sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our sites. You should use your own virus protection software. You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites is stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.

LINKING TO OUR SITES

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our sites in any website that is not owned by you. Our sites must not be framed on any other website, nor may you create a link to any part of our sites other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on our sites other than that set out above, please contact support@invoiceniaga.com

THIRD PARTY LINKS AND RESOURCES IN OUR SITES

Where our sites contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.

APPLICABLE LAW

Please note that these terms of use, its subject matter and its formation (and any non-contractual disputes or claims), are governed by Malaysian law. We both agree to the exclusive jurisdiction of the courts of Malaysia

PERSONAL DATA PROTECTION POLICY

This Policy is issued by Truecapital Asia Sdn Bhd. (Company No.: 621598-K) (“Invoiceniaga) as a data user pursuant to the Personal Data Protection Act 2010 (“PDPA”). For the purposes of this Policy, the expression “personal data”, “data subject”, “data user” and “data processor” shall have the meaning as defined in the PDPA. During the course of our activities we may collect, record, hold, store and/or process personal data about our platform users, customers, suppliers and other third parties in any medium whether electronically or otherwise, for the purposes of the Buyer Service Agreement, the Supplier Service Agreement, the Funder Agreement, the transactions and any other purposes permitted under the law and the PDPA, and we recognise that the correct and lawful treatment of this data will remain confidential in the organisation. Personal data includes name, address, copies and details of identification documents, contact details, employment history, credit and references check, marital status, commission or alleged commission of offence, personal financial and social security details, provided to us from time to time.

We may also collect your information from other sources, including but not limited to third party background checks, any registered credit reporting agency, any regulatory authorities and any authority, central depository or depository agent. Data processors include any person or organisation that is not a data user that processes personal data on our behalf and/or on our instructions. You hereby acknowledged, confirmed and consented that we may collect, record, hold, store and/or process your personal data for the following purposes: in all matters pertaining to the contract entered or to be entered into between you and us; processing any application to become a user of the Invoiceniaga Platform; the eligibility of invoices to be listed on the Invoiceniaga Platform; facilitating the supply chain finance transaction; monitoring compliance with the Buyer Service Agreement, the Supplier Service Agreement, the Funder Agreement, and/or our rules and policies with respect to the usage of the Invoiceniaga Platform and any other applicable laws; with the compliance and disclosure requirements of any and all governmental and/or quasi-government departments, agencies, regulatory and/or statutory bodies; complying with any legal obligation binding on us under any law, rule, regulation, by-law, order, guideline, directive, policy and such other requirements in force and as amended from time to time; enforcing our rights under the Buyer Service Agreement, the Supplier Service Agreement, the Funder Agreement, and/or our rules and policies with respect to the usage of the Invoiceniaga Platform or any other applicable laws to defend our rights; for the purpose of record-keeping in the ordinary course of our business; and any purposes relating to the transactions on the Invoiceniaga Platform.

Platform users, customers, suppliers and other third parties, whether past, current or prospective, shall be aware that failure to supply the relevant data to us may affect our ability to perform our obligations with relevant parties and/or affect the platform users, customers, suppliers and third parties’ ability to enjoy their respective benefits from us. Personal data held by us relating to our platform users, customers, suppliers and other third parties will be kept confidential and we may provide such information to the following parties for the purposes set out above: any agent, contractor, service provider, professional adviser or third party who provides services to us; our affiliates and associated companies; any person to whom we are under an obligation to make disclosure under law, rule, regulation, by-law, order, guideline, directive, policy; any court and/or officer of the court; our auditors; our legal advisers and compliance professionals; our banks; and our service providers and vendors.

You may request access to and correction of your personal data and/or limit the processing of your personal data, or make any enquiries or complaints in respect of your personal data, by contacting us at our office address, presently at: Level 15-07, Menara Mitraland, Jalan PJU 5/1 Kota Damansara, 47810 Petaling Jaya, Selangor Darul Ehsan. We reserve the right to amend this Policy at any time and will ensure that a notice of such amendments will be made available to you through the Invoiceniaga Platform or through any other mode we view appropriate and suitable. You are responsible for ensuring that the personal data that you provide to us is accurate, complete and not misleading and that such personal data is kept up-to-date, and you shall promptly keep us informed in the event the data is inaccurate, incomplete, misleading or not up-to-date and you shall provide us the true, accurate, complete, and updated data. If you give us personal data or information about another person, you confirm that he/she has appointed you to act for him/her, to consent to the processing of his/her personal data and to receive on his/her behalf any data protection notices. We will retain any personal data supplied by you for as long as necessary for the fulfilment of the purposes set out in this Policy or as is required to satisfy any legal, regulatory and/or accounting requirements. Your continued membership on the Invoiceniaga Platform is deemed consent for us to collect, record, hold, store and/or process the personal data.

*Terms and condition applied.

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