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Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SITES.

In this Terms of Use the first person (“We”, “Our”, “Us”, “Ours”) denotes Our website at www.paylater.com.my irrespective of whether access is via a mobile device or mobile-optimized websites, or through utilizing and/or make use of Our mobile applications via Google Play store or iOS Apple App store (“Mobile App”) (collectively as “Our Sites”), its parent company Kale (Technology) Sdn. Bhd., any subsidiary(s) or any associated company within the Group, as defined in Companies Act 2016 from time to time (all together as, “KALE”).

The second person (“You”, “Your”, “User”) denotes You as Our Site visitors and representatives and employees of You, where as an entity shall include Your subsidiary(s) or any and/or all of its subsidiaries connected to You, Your parent company or to any subsidiary(s) or, any associated company as defined in Companies Act 2016 from time to time or generally if a natural person shall mean the individual.

General term

a) Our Terms of Use (together with any document(s) referred to in it clarifies the usage and terms and conditions on which you may utilize and/or make use of Our Site, whether as a guest or as a registered user. For the purposes of definition, utilization of Our Sites includes accessing, browsing, or registering to use Our Sites.

b) By utilizing Our Sites, you hereby 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.

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 site

a) 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 However, please note that any of the content on Our Sites may be out of date at any given time, and We are under no obligation to update it.

b) We do not guarantee that Our Site, or any content on them, will be free from errors or omissions.

Accessing our site

a) We do not guarantee that Our Sites, or any content on them, will always be available or be uninterrupted. 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.

b) You are responsible for making all arrangements necessary for you to have access to Our Sites.

c) You are also responsible for ensuring that all persons who access Our Sites through your Internet or network connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Provision of services

a) You must register as a member on Our Sites in order to access and use Services. Further, KALE reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that KALE may impose at Our discretion.

b) Services may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. KALE may at Our sole discretion limit, deny or create different level of access to and use of any Services with respect to different Users.

c) KALE may launch, change, upgrade, impose conditions to, suspend, or stop any Services without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.

Your account and password

a) 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.

b) 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.

c) If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify Us at enquiry@paylater.com.my.
d) We will not be liable for any liabilities arising from the loss of user identification code or password caused by your own or your authorized personnel negligence.

Intellectual property rights

a) 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.

b) You must not modify the content of any materials you have printed off, extracted or downloaded in any way from Our Sites, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

c) Our status (and that of any identified contributors) as the authors of content on Our Sites must always be acknowledged.

d) You must not use any part of the content on Our Sites for commercial purposes without obtaining a license to do so from Us or Our licensors.

e) 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

a) 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 based on the content on Our Sites.

b) 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 liability

a) You agree that you use Our Sites at your own risk. Our Sites and the contents herein do not constitute as any financial advice, investment advice or solicitation for the purposes of making financial investments in Malaysia or other territories through Our Site.

b) 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.

c) 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.

d) 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.

e) 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.

f) We assume no responsibility for the content of any websites or applications linked on Our Sites. Such links should not be interpreted as endorsement by Us of those linked websites or applications. We will not be liable for any loss or damage that may arise from your use of them.

Viruses

a) We do not guarantee that Our Sites will be secure or free from bugs or viruses.

b) You are responsible for configuring your information technology, computer programs and platform in order to access Our Sites. You should use your own virus protection software.

c) 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 unauthorized access to Our Sites, the server on which Our sites are 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.

d) By breaching this provision, you would commit a criminal offence under the Malaysia Computer Crimes Act 1997 and Malaysia Communication and Multimedia Act 1998. 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

a) You may link to the home page of Our Sites, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.

b) 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.

c) You must not establish a link to Our Sites in any website or application that is not owned by you.

d) Our Sites must not be framed on any other website or application, nor may you create a link to any part of Our Sites other than its home page.

e) We reserve the right to withdraw linking permission without notice.

f) If you wish to make any use of content on Our Sites other than that set out above, please contact enquiry@paylater.com.my.

Third Party links and resources in our sites

a) Where Our Sites contain links to other websites, applications and/or resources provided by third parties, these links are provided for your information only.

b) We have no control over the contents of those websites, applications or resources.

Governing law

a) These terms and conditions shall be governed by, construed and enforced by Law of Malaysian.

b) You agree that any suit, action or proceedings arising from disputes in connection with these terms and conditions or use of Our Sites, shall only be submitted to the jurisdiction of the Courts of Malaysia.

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