1. AGREEMENT BETWEEN USERS AND KAF DIGITAL BANK BERHAD CORPORATE PORTAL
 

1.1. You must read these Terms of Use (ToU) as they impose obligations on you including terms that limit your rights and exclude our liability.

1.2. KAF DB Corporate Portal consists of KAF DB’s corporate website and mobile application that are operated by KAF DB.

1.3. These ToU set out the basis on which you agree to access and use this KAF DB Corporate Portal.

1.4. The KAF DB Corporate Portal is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the KAF DB Corporate Portal constitutes your agreement to all such terms, conditions, and notices. If you do not accept any of these Terms of Use, please discontinue your access to this KAF DB Corporate Portal.

2. MODIFICATION OF THESE TERMS OF USE

2.1. KAF Digital Bank Berhad reserves the right to change the terms, conditions, and notices under which the KAF DB Corporate Portal is offered.

3. LINKS TO THIRD PARTY SITES

3.1. The KAF DB Corporate Portal may contain links to other Websites ("Third Party Sites"). The Third Party Sites are not under the control of KAF Digital Bank Berhad and KAF Digital Bank Berhad is not responsible for the contents of any Third Party Site, including without limitation any link contained in a Third Party Site, or any changes or updates to a Third Party Site. KAF Digital Bank Berhad is not responsible for webcasting or any other form of transmission received from any Third Party Site. KAF Digital Bank Berhad is providing these links to you only as a convenience, and the inclusion of any link does not express or imply any endorsement, authorization or sponsorship by KAF Digital Bank Berhad of the site(s) or any association with its operators. Your access to those sites and use their products and/or services solely at your own risk. KAF Digital Bank Berhad, its directors, officers, representatives and/or suppliers are not responsible for any transactions you may perform on those sites.

4. NO UNLAWFUL OR PROHIBITED USE

4.1. As a condition of your use of the KAF DB Corporate Portal, you warrant to KAF Digital Bank Berhad that you will not use the KAF DB Corporate Portal for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the KAF DB Corporate Portal in any manner that could damage, disable, overburden, or impair the KAF DB Corporate Portal or interfere with any other party's use and enjoyment of the KAF DB Corporate Portal. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the KAF DB Corporate Portal.

5. NO IMPLIED LICENCES

5.1. KAF Digital Bank Berhad grants you a limited license to access and make personal use of this KAF DB Corporate Portal and not to download or modify it, or any portion of it, except with prior express written consent of KAF Digital Bank Berhad. This license does not include any resale or commercial use of this KAF DB Corporate Portal or its contents. This license does not include any use of data mining, robots or similar data gathering or extracting tools. This KAF DB Corporate Portal or any portion of this KAF DB Corporate Portal may not be reproduced, duplicated, copied, sold, resold, republished, downloaded, posted, distributed, disseminated, broadcast, transmitted or otherwise exploited for any commercial purpose except for your own reference. Any other use requires the prior written permission of KAF Digital Bank Berhad. You agree not to adopt, alter or create a derivative work from this KAF DB Corporate Portal or any portion of this KAF DB Corporate Portal including without limitation the materials used and displayed on this KAF DB Corporate Portal or use them for any other purpose other than for the purpose stated in this paragraph.

6. USE OF COMMUNICATION SERVICES

6.1. The KAF DB Corporate Portal may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

a. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

b. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

c. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

d. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

e. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;

f. Conduct or forward surveys, contests, pyramid schemes or chain letters;

g. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;

h. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

i. Restrict or inhibit any other user from using and enjoying the Communication Services;

j. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;

k. Harvest or otherwise collect information about others, including e-mail addresses, without their consent in contravention of the Personal Data Protection Act 2010;

l. Conduct or perform any unlawful activity or do an action or take a step-in furtherance of any unlawful purpose or activity; or

m. Violate any applicable laws or regulations currently in force in Malaysia.

6.2. KAF Digital Bank Berhad has no obligation to monitor the Communication Services. However, KAF Digital Bank Berhad reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. KAF Digital Bank Berhad reserves the right to terminate your access to any or all of the Communication Services at any time.

6.3. KAF Digital Bank Berhad reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, in KAF Digital Bank Berhad’s sole discretion.

6.4. You are advised to always use caution when giving out any personally identifying information about yourself in any Communication Service. KAF Digital Bank Berhad does not control or endorse the content, messages or information found in any Communication Service and, therefore, KAF Digital Bank Berhad specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Kindly be advised that web managers and hosts are not authorised KAF Digital Bank Berhad spokespersons, and their views do not necessarily reflect those of KAF Digital Bank Berhad.

6.5. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

7. MATERIALS PROVIDED TO KAF GROUP OF COMPANIES OR POSTED AT ANY KAF CORPORATE PORTAL

7.1. KAF Digital Bank Berhad does not claim ownership of the materials you provide to KAF Digital Bank Berhad (including feedback and suggestions) or post, upload, input or submit to any KAF DB Corporate Portal or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting KAF Digital Bank Berhad, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission unless otherwise notified by you in writing.
For usage of personal data or information, kindly refer to the Privacy Notice which forms part of the ToU herein. Kindly also refer to paragraph 8 below.

7.2. No compensation will be paid with respect to the use of your Submission, as provided herein. KAF Digital Bank Berhad is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in KAF Digital Bank Berhad’s sole discretion.

7.3. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

8. PERSONAL DATA OR INFORMATION

8.1. In compliance with the Personal Data Protection Act 2010, you are also advised that the personal data or information we collected or disclosed to us via KAF DB Corporate Portal or directly from you through other means can be and may be used for the purposes as stated in our Privacy Notice.

8.2. You are advised to read the Privacy Notice thoroughly as the Privacy Notice will govern your data collection and usage of personal data and other related matters.
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9. LIMITATION OF LIABILITY

9.1. You expressly understand and agree that KAF Digital Bank Berhad shall not be liable for any direct, indirect and incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill or other intangible losses resulting from:

a. the portal's usability or lack thereof;

b. unauthorised access to or modification of your data or transmission;

c. any third-party remarks or actions on the portal; or

d. any other issue pertaining to the portal.

10. LIABILITY DISCLAIMER

10.1. The information, software, products, and services included in or available through the KAF DB Corporate Portal may include inaccuracies or typographical errors. Changes are periodically added to the information herein. KAF Digital Bank Berhad, its directors, officers, representatives and/or its suppliers may make improvements and/or changes in the KAF DB Corporate Portal at any time.

10.2. You shall be responsible to evaluate the quality, adequacy, completeness, currentness and usefulness of all services, content, advice, opinions and other information obtained or accessible through this KAF DB Corporate Portal; all news, articles and materials displayed herein are for your information only and are no substitute for independent research and/or verification.

10.3. Any information that may be given by KAF Digital Bank Berhad is provided on a general basis and does not take into account your specific objective and particular needs. You should therefore seek professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any business or commercial decision based on any such materials or information.

10.4. KAF Digital Bank Berhad does not guarantee, warrant or represent that you will have access to this the whole or part(s) of KAF DB Corporate Portal at all times. You may experience interruptions to the KAF DB Corporate Portal and KAF Digital Bank Berhad will not be liable to you if you suffer loss or damage as a result of these interruptions.

10.5. KAF Digital Bank Berhad, its directors, officers, representatives and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the KAF DB Corporate Portal for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. KAF Digital Bank Berhad, its directors, officers, representatives and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

10.6. To the maximum extent permitted by applicable law, in no event shall KAF Digital Bank Berhad, its directors, officers, representatives and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the KAF DB Corporate Portal, with the delay or inability to use the KAF DB Corporate Portal or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the KAF DB Corporate Portal, or otherwise arising out of the use of the KAF DB Corporate Portal, whether based on contract, tort, negligence, strict liability or otherwise, even if KAF Digital Bank Berhad, its directors, officers, representatives and/or its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the KAF DB Corporate Portal, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the KAF DB Corporate Portal.

CONTACT CENTRE:
KAF Digital Bank Berhad
Level 13, Chulan Tower
No.3, Jalan Conlay
50450, Kuala Lumpur.
Telephone: +603 8744 3331 |
Email: hello@kaf.com.my

11. TERMINATION/ACCESS RESTRICTION

11.1. KAF Digital Bank Berhad reserves the right, in its sole discretion, to terminate and/or suspend your access to KAF DB Corporate Portal and the related services or any portion thereof at any time, for any reason with or, without notice. In particular, and without limitation, we may terminate and/or suspend your access should you violate any provision of these ToU, or violate the rights of KAF Digital Bank Berhad, or any other user, or any third party. You agree that KAF Digital Bank Berhad shall not be liable to you or to any third party for such termination and/or suspension.

11.2. These ToU are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this KAF DB Corporate Portal and/or using the services provided herein by KAF Digital Bank Berhad, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur in all disputes arising out of or relating to the use of this KAF DB Corporate Portal.

11.3. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and KAF Digital Bank Berhad with respect to the KAF DB Corporate Portal and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KAF Digital Bank Berhad with respect to the KAF DB Corporate Portal. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

11.4. Use of the KAF DB Corporate Portal is unauthorised in any jurisdiction that does not give effect to all provisions of these ToU, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and KAF Digital Bank Berhad as a result of this agreement or use of the KAF DB Corporate Portal. KAF Digital Bank Berhad’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KAF Digital Bank Berhad’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the KAF DB Corporate Portal or information provided to or gathered by KAF Digital Bank Berhad with respect to such use.

11.5. The delay or failure of KAF Digital Bank Berhad to exercise or enforce any right or provision of these ToU shall not constitute a waiver of such right or provision.

11.6. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in full force and effect. Any rights not expressly granted herein are reserved.

12. COPYRIGHT AND TRADEMARK NOTICES:

12.1. The entire right, title and interest relating to the contents of KAF DB Corporate Portal and the Services together with all proprietary rights relating thereto are owned exclusively by KAF Digital Bank Berhad or unless otherwise specified, by third party vendors engaged by KAF Digital Bank Berhad. Any Trade Secrets are owned exclusively by KAF Digital Bank Berhad . All rights in relation thereto are reserved.

12.2. You may view this KAF DB Corporate Portal and its contents using your web browser and its mobile application, and save an electronic copy, or print out a copy, of parts of this KAF DB Corporate Portal solely for your own information. You are restricted from modifying, in any way, the contents from how it appears in this KAF DB Corporate Portal or any sites belonging to KAF Digital Bank Berhad. You must not reproduce, transmit (including broadcast), adapt or otherwise exercise the copyright in the whole or any part of this KAF DB Corporate Portal for any other purpose except as expressly permitted.

12.3. KAF Digital Bank Berhad disclaims all liability which may arise from any unauthorised reproduction or use of the contents of this KAF DB Corporate Portal.

13. TRADEMARKS

13.1. All trademarks, service marks and logos displayed in this KAF DB Corporate Portal are the property of KAF Digital Bank Berhad and/or their respective third-party proprietors as identified in this KAF DB Corporate Portal.

13.2. Unless the prior written consent of KAF Digital Bank Berhad or the relevant third-party proprietor of any of the trademarks, service marks or logos appearing on this KAF DB Corporate Portal has been obtained, no license or right is granted to any party accessing to this KAF DB Corporate Portal to use, download, reproduce, copy or modify such trademarks, service marks or logos. Similarly, unless the prior written consent of KAF Digital Bank Berhad or the relevant proprietor has been obtained, no such trademark, service mark or logo may be used as a link or mark any link to KAF DB Corporate Portal or any other site.

13.3. Any rights not expressly granted herein are reserved.

14. INCONSISTENCIES

14.1. In case of any conflict or discrepancy between the Bahasa Melayu version of this ToU and the English version of this ToU, the English version shall prevail.
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