TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE APPLYING FOR, ACCEPTING, OR USING IDVET’s CERTIFICATE OR DIGITAL ID (COLLECTIVELY AS “CERTIFICATES”). THIS TERMS OF USE AND OUR PRIVACY NOTICE FORM THE BASIS ON WHICH YOU MAY ACCESS AND USE IDVET SERVICES INCLUDING THE IDVET WEBSITE AND/OR THE IDVET APP. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET OUT HEREIN, DO NOT APPLY FOR, ACCEPT, OR USE THE CERTIFICATES. BY APPLYING FOR, ACCEPTING, OR USING IDVET’S CERTIFICATE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS [“TERMS”/“TERMS OF USE”] CONTAINED IN THIS TERMS OF USE AND OUR PRIVACY POLICY AS STATED IN OUR PRIVACY NOTICE. IF YOU HAVE ANY QUERY ABOUT THE WEBSITE, THE IDVET APP OR THIS TERMS OF USE, YOU CAN CONTACT US BY REFERRING TO THE CONTACT INFORMATION AVAILABLE ON THE IDVET WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD STOP USING THE WEBSITE OR THE IDVET APP IMMEDIATELY. THIS TERMS OF USE READ TOGETHER WITH THE PRIVACY NOTICE SHALL CONSTITUTE A VALID AND BINDING AGREEMENT MADE BETWEEN YOU AND IDVET.

Effective Date: The agreement between you and IDVET will become effective once you submit the Certificate Application to IDVET.

1. INTRODUCTION AND AGREEMENT

1.1 This website [the "Website"] and/or this mobile application [“IDVET App”] are owned and operated by DBT Technologies Sdn Bhd [hereinafter referred to as “We”, “Us”, “Our”].

1.2 “You/you” shall mean any person who is using IDVET Website, IDVET APP and/or the Certificate.

1.3 This Terms of Use details the terms and conditions in relation to your application [“Certificate Application”] for inter alia a Certificate pursuant to the Digital Signature Act 1997 [“DSA 1997”] provided by Us, and, if We accepts your Certificate Application, the terms and conditions governing the use of the Certificate to be issued by Us to you as a “Subscriber” of that Certificate. A Certificate is a computer-based record digitally signed by Us as the certification authority which identifies Us as the certification authority issuing it, name and identity of you as the Subscriber, your public key, and all information authenticated by or through Us in association with you.

1.4 Information on the Website and/or the IDVET App should NOT be regarded as a substitute for professional, legal, or financial advice.

1.5 We reserve all rights to change any or all of this Terms of Use at any time and we will post the updated and new Terms on this page of the Website and/or IDVET App. Your continued use of the Website and/or IDVET App after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. IDVET may modify, suspend, discontinue or restrict the use of any portion of the Website and/or the IDVET App without notice or liability.

1.6 In this Terms of Use, unless the context otherwise requires, words denoting one gender include all other genders and words denoting the singular include the plural and vice versa; words denoting “persons” shall include any company, partnership, individual person, firm, joint venture, association, corporation, statutory body, unincorporated body of persons, trust, bureau, minister, agency, instrument, court, regulatory body, government or state, any authority or other body corporate and vice versa; any reference to a document shall include references to any sort of document whether paper or paperless and expressed or described on any substance with alphabets, figures, symbols or marks or a combination of them; any reference to a paragraph, sub-clause, clause is to the relevant paragraph, sub-clause, clause to this Terms of Use and any reference to this Terms of Use or any of the provisions hereof includes all amendments and modifications made to this Terms of Use from time to time in force; the headings in this Terms of Use are inserted merely for convenience of reference and shall be ignored in the interpretation and construction of any provisions herein.

2. CONSENT, AUTHORISATION, AND DISCLAIMER

2.1 For the purpose of this Terms of Use – (1) “Financial Institution” shall mean a licensed bank, a licensed investment bank, an approved operator of a payment system, a registered operator of a payment system, an operator of a designated payment system or an approved issuer of a designated payment instrument, as provided in section 131 of the Financial Services Act 2013 [“FSA”]; a licensed Islamic bank, a licensed international Islamic bank, an approved operator of a payment system, an operator of a designated payment system or an approved issuer of a designated Islamic payment instrument, as provided in section 143 of the Islamic Financial Services Act 2013 [“IFSA”]; a development financial institution as provided in section 3 of the Development Financial Institutions Act 2002 [“DFIA”]; and (2) “Datuk Bandar” shall mean Datuk Bandar Kuala Lumpur, a corporation sole established under the Federal Capital Act 1960 and having its office at Menara DBKL 1, Jalan Raja Laut, 50350 Kuala Lumpur, which shall include all departments under its jurisdiction.

2.2 After We receive the required documents and payment from you and upon completion of authentication procedures required for the Certificate you have purchased, We will process your Certificate Application.

2.3 TO ENABLE US TO PROCESS YOUR CERTIFICATE APPLICATION, YOU HEREBY UNEQUIVOCALLY, EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY CONSENT AND AUTHORISE:

(I) US TO PROCURE ANY DOCUMENT AND/OR INFORMATION RELATING TO THE AFFAIRS OR ACCOUNT MAINTAINED BY YOU WITH YOUR FINANCIAL INSTITUTION;

(II) AND ALLOW YOUR FINANCIAL INSTITUTION TO DISCLOSE TO US ANY DOCUMENT AND/OR INFORMATION RELATING TO YOUR AFFAIRS OR ACCOUNT;

(III) US TO DISCLOSE TO DATUK BANDAR ANY DOCUMENT AND/OR INFORMATION RELATING TO YOUR AFFAIRS OR ACCOUNT AS DISCLOSED TO US BY YOUR FINANCIAL INSTITUTION;

(IV) DATUK BANDAR TO DISCLOSE TO US AND YOUR FINANCIAL INSTITUTION ANY INFORMATION (INCLUDING ANY LETTER OF AWARD AND/OR LETTER TO START WORK) AND DOCUMENTS IN RELATION TO ANY PROJECT YOU ARE SUBMITTING OR UNDERTAKING WITH DATUK BANDAR INCLUDING ANY TENDER AND LETTER OF OFFER SUBMITTED BY YOU TO DATUK BANDAR AND ALL SUPPORTING DOCUMENTS THEREOF.

2.4 YOU AGREE TO FULLY INDEMNIFY, RELEASE, DEFEND AND HOLD IDVET, YOUR FINANCIAL INSTITUTION, DATUK BANDAR, ITS OFFICERS , DIRECTORS, EMPLOYEES, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, LIABILITY, LOSS,JUDGMENTS OR OTHER EXPENSE (INCLUDING BUT NOT LIMITED TO, DEFENSE COSTS,EXPENSES AND SOLICITOR-CLIENT FEES) IN RESPECT OF ANY DISCLOSURE OF INFORMATION AND/OR DOCUMENTS PURSUANT TO THIS TERMS OF USE AND/OR RESULTING FROM ANY BREACH OF CONTRACT OR UNLAWFUL OR IMPROPER USE OF THE IDVET SERVICES.

2.5 Depending on the digital signature solution services selected by you, you agree to be bound by and adhere to the application subscription terms and conditions as may be imposed and varied by the relevant licensed certification authority, the Financial Institution, Datuk Bandar, from time to time, and to be bound by all applicable laws including the DSA and all rules and regulations made thereunder.

2.6 You agree that the Website and/or the IDVET App are provided on a reasonable effort basis. We do not represent or warrant in any way that the Website and/or the IDVET App and/or our digital signature solution system and/or any electronic documents available for download will function without interruption, errors, viruses, malwares, spyware or other factors that may damage or interfere with any system or data and/or any information and/or documents we sent to you over the internet are completely secured. We disclaim any and all liability for any loss or damage in connection therewith and we shall not in any event be held liable for any loss or damage as a result of any interruption/suspension of the Website and/or the IDVET App, corruption of data or unavailability of the Website and/or the IDVET App or any part thereof caused by factors which are beyond the control of IDVET which include adverse weather conditions, electromagnetic interference, equipment failure or congestion in the internet systems.

2.7 We also disclaim any and all liability in relation to the information and/or document and/or any reliance on such information and/or document provided and furnished by third party including but not limiting to the Financial Institution and Datuk Bandar and we are not responsible in any manner in respect of the completeness, security, legality, reliability, quality, veracity or appropriateness of any information and/or documents made available by the Financial Institution and/or Datuk Bandar.

3. ACKNOWLEDGMENT, REPRESENTATIONS AND WARRANTIES

3.1 By using the Website and/or the IDVET App or by uploading or downloading or otherwise accessing the Website and/or the IDVET App, you hereby acknowledge, represent and warrant that:

(a) you are at least eighteen (18) years of age (if an individual);

(b) you have all necessary authority, rights and permissions to submit, send, post, or upload, install the required information and/or documents to the Website and/or IDVET App;

(c) the use of any information and/or documents in the Website and/or IDVET App do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other Intellectual Property Rights of any third party, including any rights of privacy or publicity;

(d) the use of any information and/or documents in the Website and/or IDVET App do not and will not violate any applicable law or regulation;

(e) You will use the Certificate solely for the purposes set out in our Certificate Policy/Certification Practice Statement;

(f) you have and you will confirm the validity of the private key used and said private key has not been compromised;

(g) you shall promptly notify Us in writing if you suspect or know that your private key, the device it is stored in, or the PIN/Pass phrase and/or any system, device, information associated with your access to the to the Website and/or IDVET App and/or the Certificate has been compromised, lost, unlawfully disclosed, or its security is in any other way affected.

(h) YOU HAVE READ AND FULLY UNDERSTOOD ALL THE TERMS AND CONDITIONS CONTAINED HEREIN AND THE PRIVACY NOTICE.

3.2 YOU AGREE TO FULLY INDEMNIFY, RELEASE, DEFEND AND HOLD IDVET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, LIABILITY, LOSS, JUDGMENTS OR OTHER EXPENSE (INCLUDING, BUT NOT LIMITED TO, DEFENSE COSTS, EXPENSES AND SOLICITOR-CLIENT FEES) MADE OR IMPOSED UPON IDVET ARISING OUT OF ANY ALLEGATIONS OF INJURIES TO OR DEATH OF PERSONS (INCLUDING WRONGFUL DEATH), DAMAGES TO PROPERTY, DAMAGES FOR LIBEL, VIOLATION OF THE RIGHT OF PRIVACY, PLAGIARISM, COPYRIGHT INFRINGEMENT, AND ANY OTHER CLAIMS, DAMAGES OR INJURIES OF WHATSOEVER KIND OR NATURE, ALLEGED TO BE SUFFERED OR SUFFERED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO ANY FINE, PENALTY, COMPENSATORY OR PUNITIVE DAMAGES THAT DIRECTLY OR INDIRECTLY ARISE FROM (A) YOUR USE OF THE WEBSITE AND/OR IDVET APP OR ANY RELIANCE ON THE CONTENTS THEREIN; (B) YOUR BREACH OF THIS TERMS OF USE; AND/OR (C) ANY ACTUAL, PROSPECTIVE OR TERMINATED SERVICES OR TRANSACTION BETWEEN YOU AND A THIRD PARTY.

3.3 For the purpose of this Terms of Use, “Intellectual Property Rights” means all current and future copyrights, patents, trade marks/service marks, rights in databases, inventions or trade secrets, know-how, rights in designs, integrated circuits, topographies, trade and business names, domain names, get-up, marks and devices (whether or not registered), moral rights, goodwill and the right to sue for passing off rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

4. GENERAL RULES RELATING TO USE OF THE WEBSITE AND IDVET APP

4.1 You agree to be bound by the following terms and conditions:

(a) It is your responsibility to check and ensure that you have downloaded the correct software of IDVET App for your device (whether it is a computer, mobile phone, tablet or otherwise). IDVET is not liable if you do not have a compatible device or if you have downloaded the wrong version of the software of IDVET App to your device. IDVET reserves the rights not to permit you to access or use the IDVET App should you use the application and/or software with an incompatible or unauthorised device or for purposes other than which the application and/or software is intended to be used.

(b) You must comply with all applicable laws in Malaysia, whichever is applicable, when accessing or using the Website and/or the IDVET App.

(c) You shall only access the Website and/or IDVET App through authorised and lawful means. You shall exercise all care when accessing the Website and/or the IDVET App whether with your computer or with your mobile phone/device. YOU SHALL ENSURE THAT THE MOBILE PHONE/DEVICE AND/OR COMPUTER USED BY YOU TO ACCESS THE WEBSITE AND/OR IDVET APP IS LEGALLY OWNED/POSSESSED/USED BY YOU AT ALL TIMES AND YOU SHALL NOT ALLOW ANY PERSON TO ACCESS OR MANIPULATE THE WEBSITE AND/OR THE IDVET APP USING YOUR MOBILE PHONE/DEVICE AND/OR COMPUTER.

(d) You will NOT use the Website and/or the IDVET App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) fraud, forgery, copyright infringement and/or an infringement of any Intellectual Property Rights or any person.

(e) You will only use the Website and/or the IDVET App for lawful purposes and for the purpose it is intended to be used.

(f) You shall be responsible for all the security and integrity of any information and/or document transmitted, uploaded or installed by you or any person using your mobile phone/device and/or computer, whether with or without your authorisation.

(g) You shall ensure that all information and/or document submitted by you via the Website and/or the IDVET App will be free of any viruses, adware, malware, bit torrents, worms, defects, Trojan horses or other substance of a destructive nature.

(h) You are aware that when using the Website and/or the IDVET App, the standard telecommunication data charges will apply and shall be borne solely by you.

(i) You agree that the Website and/or the IDVET App are provided on a reasonable effort basis. IDVET shall not in any event be held liable for any loss or damage as a result of any interruption/suspension of the Website and/or the IDVET App, corruption of data or unavailability of the Website and/or the IDVET App or any part thereof caused by factors which are beyond the control of IDVET which include adverse weather conditions, electromagnetic interference, equipment failure or congestion in the internet systems.

4.2 All payments made are NON-REFUNDABLE irrespective of early termination of service or for any reason whatsoever and shall be made in Ringgit Malaysia (MYR/RM) unless otherwise specified and shall subject to service tax, and any other similar tax imposed by the Government of Malaysia from time to time, which shall be borne solely by you.

4.3 We engage a third-party payment processor to handle our payment transactions from various channels such as charge, credit and debit cards [“Payment Processor”]. The processing of payments will be subject to the Payment Processor’s terms, conditions, and privacy notice/policy in addition to this Terms of Use. Please take note that we are not responsible and/or liable to any person for any error made by the Payment Processor or any loss or damage whatsoever arising therefrom. By selecting to use our digital signature solution services, you agree to pay us through the Payment Processor in accordance with the applicable payment terms and you authorise us, through the Payment Processor, to charge your chosen payment provider. You authorise us and our Payment Processor to use your charge, credit or debit card information, or any other online payment channel/method to invoice and charge your card/e-wallet for the digital signature solution services selected by you and other applicable fees as specified.

4.4 We will notify you whether your Certificate Application is approved or rejected. If your Certificate Application is approved, We will issue you a Certificate for your use in accordance with this Terms of Use. Your use of the Personal Identification Number [“PIN”] from Us to pick up the Certificate or otherwise downloading/installing or using the Certificate is considered your acceptance of the Certificate. After you pick up or otherwise /install your Certificate, you must review the information in it before using it and promptly notify Us of any errors within 48 hours of the same. You shall cease using the Certificate if it comes to your knowledge that the data contained in it has changed or any information in the Certificate is or becomes incorrect or inaccurate, and if there is any actual or suspected misuse or when it is suspected that the private key has been compromised or lost.

4.5 The validity period of the Certificate issued to you shall be as stated in the Certificate.

5. CANCELLATION, TERMINATION, SUSPENSION, REMOVAL, REPORT.

5.1 We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of the Website and/or the IDVET App, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

5.2 We reserve all rights NOT to provide any services to you without any need to provide you with any reason.

5.3 You understand and agree that in IDVET’s sole discretion, and without prior notice, your access to the Website and/or the IDVET App may be terminated or suspended, or the Certificate may be revoked, if IDVET believes that (1) the private key corresponding to the public key in the Certificate has been potentially or effectively lost, disclosed without authorisation stolen, or compromised in any way; (2) there are inaccuracies or changes to the contents of the Certificate or a statement or information therein is known, or reasonably believed, to be false; (3) your use of the Website and/or the IDVET App and/or any materials you provide (a) violate (i) this Terms of Use (ii) the rights of IDVET, any affiliate or Licensors [as hereinafter defined], or another user of the Website and/or the IDVET App, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature; (4) the integrity and/or security of the Certificate or the cryptographic key pair associated with it have been compromised in any manner. You agree that monetary damages may not provide a sufficient remedy to IDVET for violations of this Terms of Use, and you consent to injunctive or other equitable relief for such violations.

5.4 We, the Financial Institution and/or Datuk Bandar shall not be liable to you for any loss, cost, expense and/ or damages that is a result from any Force Majeure events for any period when We, the Financial Institution and/or Datuk Bandar is prevented from performing all or parts of its obligations. The term “Force Majeure” shall mean any event or circumstance beyond the party’s reasonable control, including but not limited to the acts of god, natural disasters, earthquakes, floods, fires, epidemic, pandemic, quarantine restrictions, riots, wars, acts of terrorism, shipwrecks, strikes, freight embargoes, lockouts and government regulations, which materially and adversely affect the performance of the IDVET services.

6. SITE CONTENT & INTELLECTUAL PROPERTY RIGHTS

6.1 All information and content available on the Website and/or the IDVET App [hereinafter collectively, referred to as "Content"] is protected by copyright and other intellectual property laws. The Content is owned by IDVET, its affiliates, and/or their respective licensors and suppliers [hereinafter collectively referred to as "Licensors"]. ALL RIGHTS ARE RESERVED.

6.2 You acknowledge that the trade mark(s), service mark(s), trade name(s), logo(s), symbol(s), brand name(s) and other proprietary mark or any combination of the aforesaid [hereinafter collectively referred to as “Marks”] contained on or in the Website and/or IDVET App (save and except for your own Marks) are owned by IDVET or its affiliates or its Licensors or third party partners/clients of IDVET. You agree that you will NOT use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, translate, commercially exploit or disseminate any Marks not belonging to you without prior written consent of IDVET or the relevant affiliate or the Licensors or the relevant third party, partner/client of IDVET.

6.3 You acknowledge that IDVET possesses absolute and exclusive proprietary rights in the Marks “IDVET” and the goodwill in the said Marks will remain the sole property of IDVET.

6.4 You shall never claim the title or any rights in and to the Marks “IDVET” [referred to as “the IDVET Mark”].

7. DISCLAIMER AND LIMITATION OF LIABILITY

7.1 IDVET has made efforts to ensure the accuracy and completeness of the information in this document. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND/OR THE IDVET APP AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. IDVET, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE AND/OR THE IDVET APP, THE SOFTWARE, THE CONTENT AND INFORMATION CONTAINED THEREIN, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. WE ASSUME NO LIABILITY TO ANY PARTY FOR ANY LOSS OR DAMAGE (WHETHER DIRECT OR INDIRECT) CAUSED BY ANY ERRORS, OMISSIONS, OR STATEMENTS OF ANY KIND CONTAINED IN THE WEBSITE AND/OR THE IDVET APP.

7.2 IDVET, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, CLIENTS, ADVERTISERS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE) OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVING, LOSS OF REVENUE AND/OR ANY LOSS OF THE USE OF ANY SOFTWARE OR DATA, LOSS OR USE OF ANY COMPUTER OR OTHER EQUIPMENT RESULTING FROM OR CAUSED BY:

(a) ANY ACT OR OMISSION BY YOU IN RELIANCE OF ANY OF THE INFORMATION/DOCUMENT CONTAINED ON THE WEBSITE, THE IDVET APP, THE CERTIFICATES, THIS TERMS OF USE AND/OR THE PRIVACY NOTICE;

(b) YOUR FAILURE TO COMPLY WITH THE TERMS OF USE, THE PRIVACY NOTICE, AND/OR ANY OTHER TERMS AND CONDITIONS CONTAINED IN OUR WEBSITE, THE IDVET, AND THE CERTIFICATES;

(c) YOUR FAILURE TO COMPLY WITH DSA AND/OR ANY OTHER APPLICABLE LAW;

(d) ANY SUSPENSION, CANCELLATION OR TERMINATION OR REFUSAL OF YOUR USE OF THE WEBSITE, THE IDVET APP OR ANY CONTENT OR MATERIAL THEREOF;

(e) THE DISCLOSURE OF YOUR USER INDENTIFICATION NAME, PASSWORD AND/OR PRIVATE KEY, WHETHER INADVERTENT OR INTENTIONAL;

(f) ANY MALFUNCTION, DEFECT IN AND/OR ANY BREAKDOWN, DISRUPTION OR FAILURE OF ANY HARDWARE OR SOFTWARE, WHETHER OR NOT OWNED, OPERATED OR MAINTAINED BY US, YOU OR ANY OTHER PERSON;

(g) YOUR USE OF THE CONTENT, PRODUCTS OR SERVICES PROVIDED ON ANY THIRD PARTIES’ WEBSITES OR APPLICATIONS OR PLATFORMS, WHICH ARE ACCESSED OR DIRECTED THROUGH OUR WEBSITE AND/OR IDVET APP;

(h) YOUR RELIANCE ON THE INFORMATION AND/OR DOCUMENTS PROVIDED BY THE FINANCIAL INSTITUTIONS AND/OR DATUK BANDAR, WHETHER THROUGH OUR WEBSITE AND/OR IDVET APP OR OTHERWISE;

(i) THE DISCLOSURE OF YOUR INFORMATION AND PERSONAL DATA IN ACCORDANCE WITH OUR PRIVACY NOTICE, THIS TERMS OF USE, AND OTHER DISCLOSURE AS PERMITTED BY YOU.

7.3 IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF IDVET, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, CLIENTS, ADVERTISERS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED RINGGIT MALAYSIA FIVE HUNDRED (MYR500).

8. MISCELLANEOUS

8.1 This Terms of Use shall be governed and construed by the laws of Malaysia. Any dispute, controversy, difference or claim arising out of or relating to this agreement/Terms of Use, including the existence, validity, interpretation, performance, breach or termination or any dispute regarding non-contractual obligations arising out of or relating to it will be referred to and adjudicated by the Malaysian Court of Law.

8.2 Any term, condition, stipulation, provision, covenant or undertaking in this Terms of Use which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability, without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void, or unenforceability any other term, condition, stipulation, provision, covenant or undertaking herein contained.

8.3 Failure by IDVET to enforce any provision of this Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of this Terms of Use.

8.4 This Terms of Use read together with the Privacy Notice shall constitutes the entire agreement between you and us in connection with the use of the Website and/or the IDVET App. We may assign all or part of our rights or duties under this agreement provided we ensure that your rights under this agreement are not prejudiced. You may not assign your rights or liabilities under this agreement without our prior written consent.

© 2024 IDVET Vista Kencana Sdn Bhd LAST UPDATED ON 3 ^rd July 2024

PRIVACY NOTICE

PRIVACY PRINCIPLES

Your privacy matters to us. To preserve the confidentiality of all information you provide to us, we maintain the following privacy principles:-

· We only collect Personal Data [as hereinafter defined] that we believe to be relevant and required.

· We use your Personal Data to provide you with better services and products.

· We may disclose your Personal Data to our Related Corporation [as hereinafter defined] or other third parties as identified in this Privacy Notice.

· We endeavour to collect your Personal Data with your knowledge and consent which we believe to be true, accurate and complete in all respects.

IMPORTANT NOTICE & DEFINITIONS

Please read this Privacy Notice carefully as it covers both our “online activities” in relation to the following website www.idVet.com.my and the corresponding mobile applications of IDVET, howsoever accessed and/or used, whether via personal computers, mobile devices, tablets or otherwise) and “offline activities” (e.g, collection of data through mailings, telephone, or in person, if applicable) activities owned, operated, provided, or made available by IDVET. Our “online” and “offline” activities are collectively referred to as “IDVET Services”. THIS PRIVACY NOTICE FORMS PART OF THE TERMS AND CONDITIONS OF USE OF ANY IDVET SERVICES AND ALSO APPLIES TO YOUR USE OF INTERACTIVE FEATURES OR DOWNLOADS THAT (A) WE OR OUR RELATED CORPORATION CONTROLS; (B) ARE AVAILABLE THROUGH IDVET SERVICES; AND/OR (C) INTERACT WITH IDVET SERVICES AND POSTED OR INCORPORATED IN THIS PRIVACY NOTICE.

BY FURNISHING US WITH YOUR PERSONAL DATA OR BY CONTINUING TO USE OUR PRODUCTS AND/OR SERVICES, YOU ARE INDICATING TO US THAT YOU AGREE AND CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AND THAT YOU DECLARE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS SET OUT IN THIS PRIVACY NOTICE.

In this Privacy Notice, the following expressions shall, unless the otherwise expressly stated, bear the following meaning:-

“IDVET”, “Our”, “Us”, “We” refers to Vista Kencana Sdn Bhd and its Related Corporation(s)(where applicable).

“ IDVET Website” means collectively the websites used by IDVET, namely www.idVet.com.my and other web address(es) as may be used and/or adopted by IDVET from time to time.

“IDVET System” means all online, mobile platform(s) and any other platforms maintained and operated by IDVET.

“ Personal Data” means any information in the possession or control of IDVET that relates directly or indirectly to you (or any other individual) to the extent that you (or the other individual) is identified or identifiable from that information or from that and other information in the possession of IDVET including but without limitation to your personal information such as name, date of birth, current and previous addresses, telephone or mobile phone number(s), e-mail address(es), bank account details, credit card details, properties’ address(es), insurance policy details, in relation to the IDVET Services provided by IDVET to you and any information pertaining to the commercial transactions as stipulated in the agreement between you and IDVET as well as the IDVET Services which include your content and traffic usage.

“ Privacy Notice” shall mean the entire notice or statement or policy herein and shall include all such further and future amendments, modifications and/or rectifications.

“Process”, “Processing” shall mean any dealings by us with the Personal Data including but without limitation to the collection, recording, holding, storing, use and disclosure of the Personal Data and shall further include but without limitation to the organisation, adaptation, alteration of the Personal Data, the access to, retrieval, consultation or use of the Personal Data, the disclosure of the Personal Data by transmission, transfer, dissemination or otherwise making available or the alignment, combination, correction, erasure or the destruction of the Personal Data.

‘Related Corporation’ in relation to any corporation means any subsidiary or holding/parent company of that corporation or any subsidiary of that holding/parent company, or any other affiliated legal entity with whom we are under common corporate control, which has agreed to comply with the terms of this Privacy Notice with respect of the use and disclosure of Personal Data.

“IDVET Services” means any services and/or products and/or a combination of both provided by IDVET, our Related Corporation(s), authorised agents, authorised affiliated partners or associate and shall include our “online” (e.g., IDVET’s Website, mobile applications of IDVET System however accessed and/or used, whether via personal computers, mobile devices, tablets or otherwise) and “offline” (e.g, collection of data through mailings, telephone, or in person) activities owned, operated, provided, or made available by IDVET. Any references to “IDVET Services” in this Privacy Notice shall mean all the IDVET Services or any of them as the context requires.

“You”, “the user” shall mean any person who is using IDVET Services and/or accessing to IDVET System.

Any references to “person(s)” shall include any company, partnership, individual person, firm, joint venture, association, corporation, statutory body, unincorporated body of persons, trust, bureau, minister, agency, instrument, court, regulatory body, government or state, any authority or other body corporate and vice versa.

COLLECTION OF PERSONAL DATA – HOW DO WE COLLECT YOUR PERSONAL DATA?

We collect your Personal Data through various ways, including but without limitation to the following manner:-

• During the signing-up/registration process: Any personal information provided by you whenever you sign up or register for any of the IDVET Services or through IDVET Website and/or IDVET System and/or any other mode of telecommunications.

The Personal Data herein described is collected automatically and if you wish to stop and/or prohibit us from processing this Personal Data about you, we will no longer be able to provide the relevant IDVET Services to you.

• From your use of the IDVET Services – in order to provide IDVET Services we must ask you to provide your Personal Data such as your contact particulars, bank account particulars, signature, your private key or other unique device identifier assigned to your mobile device. We may also receive Personal Data about you from the Financial Institutions (as defined in the Terms of Use) and Datuk Bandar (as defined in the Terms of Use), or any third party when we get authorisation for a payment you make using a credit or debit card, or any other form of payment, or to complete a credit or fraud check.

The Personal Data herein described is collected automatically and if you wish to stop and/or prohibit us from processing this Personal Data about you, we will no longer be able to provide the relevant IDVET Services to you.

• Use of “cookies” – your visit to IDVET Website may be recorded for analysis on the number of visitors to the site and general usage patterns. Some of this information will be gathered through the use of “cookies”. “Cookies” are small bits of information that are automatically stored on a person’s web browser. We use cookies to make visiting our sites and our partner sites easier. Cookies allow IDVET to save preferences for you so that you will not have to re-enter them the next time you visit. Cookies also help us to collect anonymous click stream data for tracking user trends and patterns. IDVET may use the anonymous clock stream data to help our advertisers deliver better-targeted advertisements to IDVET Website (if applicable).

The use of “cookies” is not an industry standard and is commonly used in most websites. If you wish, you may reset your browser either to notify you when you have received a cookie, or to refuse to accept cookies. Please take notice that areas of certain sites will not function properly if you set your browser to not accept cookies.

You should be aware that IDVET cannot control the use of cookies (or the resulting information) by third-parties, and use of third-party cookies is not covered by our Privacy Notice.

• Voluntary Personal Data– Any information voluntarily provided by you when you subscribe to certain IDVET Services or any information and documentation that you provided us for purpose of verification.

Subscription to IDVET Services is voluntary and you can choose to unsubscribe them at any time. If you do not wish for us to process such information, you should not subscribe for IDVET Services or you should immediately unsubscribe from IDVET Services.

PROCESSING OF PERSONAL DATA – THE PURPOSES

Your Personal Data may be processed for various purposes, including but without limitation to the following purposes:-

· To verify your identity and to conduct background or credit check on you;

· For the performance of any agreement between IDVET and you for any purpose which is necessary or related to the provision of IDVET Services to you;

• For internal record keeping;

· For submission to the Financial Institution to obtain the information and/or documents concerning your account and/or affairs and thereafter onward transmission to Datuk Bandar and vice versa;

· For the performance of a contract in which you are a party;

· To protect your vital interest or another person in a case where the consent cannot be given by or on your behalf or you cannot reasonably be expected to obtain the consent the data subject;

· To administer and manage IDVET Services and your account with us whether on IDVET Website or otherwise;

· To assess and/or verify credit worthiness and/or to conduct credit check;

• To detect and prevent fraudulent activity;

· For the administration of justice or prevention or detection of a crime, or for purpose of investigations or for the purposes of public interest or legal proceedings;

· For execution of any functions conferred on any person by or under any law or was required or authorised by or under any law or by the order of a court or any administrative or regulatory bodies having jurisdiction over the matter;

· For medical purposes and is undertaken by a healthcare professional or a person who in the circumstances owes a duty of confidentiality which is equivalent to that which would arise if that person were a healthcare professional;

· For the purpose of obtaining legal advice in relation to IDVET Services;

· For the purposes of establishing, exercising or defending legal rights;

· For the assessment or collection of any tax or duty or any other imposition of a similar nature;

• To manage the network;
• To process your payment;

· To investigate and resolve any service issues, complaints or other enquiries regarding IDVET Services;

· To contact you and maintain communication with you;

• To manage staff training and quality assurance;

· To help us to monitor and improve the performance of our services, our customer relations and service providers, mobile content providers etc;

· To maintain and develop our business systems and infrastructure, including testing and upgrading of the system;

· To gain an understanding of your information and communication needs in order for us to enhance our services or to improve your overall experience in using IDVET Services;

· To contact you to conduct surveys, research and feedback about our products, services, website, etc;

· To conduct research and development and statistical analysis in connection with IDVET Services and to identify your needs, preference and market trend;

· To send you seasonal greetings, messages or public service announcements;

· To promote and market to you (including but without limitation by way of direct mail, bill inserts, telemarketing, SMS, MMS, any form of text, e-mail and/or any other mode of telecommunications) other services or products provided by us or our Related Corporation(s) and/or strategic partners, products, services, promotion, special offers of third parties whose products and services we think may be of interest to you;

· For any other purposes which you have explicitly consent to, whether contained herein or otherwise.

TRANSFER AND STORAGE OF PERSONAL DATA OVERSEAS

Please note that all of your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the countries in which these computer networks are located may not have privacy laws as protective as the laws in your country. When you provide us with your Personal Data, you also consent for your Personal Data to be transferred overseas.

Where we have obtained your consent to do so, we may also share your Personal Data with our service providers and other third parties located outside of the country in which you reside so that they can provide you with any products or services requested by you, including contacting you in relation to the products or services. As these entities are located outside of the country in which you reside, the legal framework in relation to personal data protection or privacy protection may vary in degree in different countries/jurisdictions.

DISCLOSURE TO THIRD PARTIES

Your Personal Data may be disclosed to third parties, including but without limitation to the following persons:-

• Financial Institutions (as defined in the Terms of Use ), Datuk Bandar (as defined in the Terms of Use);

· any person engaged/contracted/appointed by us (including our employees, workers, staffs, shareholders, directors, agents, contractors, business partners or associates, etc) to facilitate the performance and provision of IDVET Services and/or any other purpose which is necessary or related to the provision of IDVET Services to you;

• to any of our Related Corporation(s);

· to payment channels including without limitation to financial institutions;

· to any person for the performance of a contract in which you are a party;

· to any person for the purpose of compliance of any legal obligation, other than an obligation imposed by contact;

· to any person necessary for the administration of justice or prevention or detection a crime, or for purpose of investigations or for the purposes of public interest;

· to any person for medical purposes or for the purposes of obtaining legal advice or for the purpose of execution of any functions conferred on any person by or under any law or was required or authorised by or under any law or by the order of a court or any administrative or regulatory bodies having jurisdiction over the matter;

· to any person for the assessment or collection of any tax or duty or any other imposition of a similar nature;

· to any person for the purpose of responding to services or technical issues or marketing activities;

· to our professional advisors on a need to know basis for the purpose of those advisors providing advice to us;

· to parties nominated or appointed by us either solely or jointly with other service providers, for purposes of establishing and maintaining a common database where we have a legitimate common interest;

· to any third party which acquires all or part of the assets or business of IDVET;

· in addition to the above, to any third party when (a) there is a complaint, dispute or conflict, including an accident; (b) it is necessary to enforce the terms and conditions governing the agreement between you and IDVET or terms of use governing your use of IDVET Services; (c) it is required, in our sole discretion, by applicable law; (d) it is necessary, in our sole discretion, to protect the safety, rights, property or security of IDVET, IDVET Services or any third party; (e) to detect, prevent or otherwise address fraud, security or technical issues; and/or (f) to prevent or stop any activity which in our sole discretion is deemed to be illegal, unethical, unlawful, or poses a serious risk to the society in general.

• otherwise as permitted under the applicable law.

OUR COMMITMENTS & SECURITY

As our commitment to you, we shall in our best endeavour adhere to the following principles when processing your Personal Data:-

· we will take reasonable practical steps to protect the Personal Data from any loss, misuse, modification, unauthorised or accidental access or disclosure, alteration or destruction of the Personal Data;

· we will not disclose your Personal Data to any spamming syndicate;

· we will take reasonable practical steps to ensure that third parties who receive your Personal Data from us shall safeguard the confidentiality of your Personal Data.

We take security very seriously and we have amongst others the following security features in processing your Personal Data:-

· authentication – this assures your browser that your data is being sent to the correct computer server, and that the server is secured;

· encryption – this encodes the date, so that it cannot be read by anyone other than the secured server;

· data integrity – this checks the date being transferred to ensure it has not been altered.

Our website has reasonable security measures in place to protect the loss, misuse and alteration of the information under our control. We use Secure Socket Layers (SSL) technology to ensure the privacy of the information provided to us in the order forms. At no time are the customers’ debit/credit cards details transmitted un-encrypted over the Internet.

Your personal password, private key, is confidential and is encrypted to ensure its secrecy. We take all reasonable steps to protect the security of your Personal Data where reasonably practicable.

YOUR OBLIGATIONS

You are responsible for updating your Personal Data with us and you hereby confirm that all Personal Data furnished to us is true, accurate, complete, not misleading and kept up-to-date at all time. You shall immediately report and notify us in the event of any error in the Personal Data which you have submitted and/or provided to us and/or otherwise collected by us whether through your usage of IDVET Services or otherwise. If you do not wish to receive certain information from us you shall notify us and request to be excluded from such services, failing which you shall deemed to have accepted the services voluntarily.

We shall not be responsible for any Personal Data made available by you on any third-party sites which may have a link on IDVET Website.

YOUR DECLARATION

BY AGREEING TO THIS PRIVACY NOTICE AND/OR BY REGISTERING FOR AND CONTINUING TO USE IDVET SERVICES SIGNIFIES AND INDICATES YOUR VOLUNTARY AND EXPLICIT ACCEPTANCE AND CONSENT TO YOUR PERSONAL DATA BEING PROCESSED BY US FOR THE PURPOSES SET OUT IN THIS PRIVACY NOTICE AND DISCLOSED BY US TO THOSE CLASSES OF THIRD PARTIES IDENTIFIED IN THIS PRIVACY NOTICE. PLEASE TAKE NOTE THAT YOU ARE AT LIBERTY TO REFUSE TO PROVIDE US WITH ANY PERSONAL DATA AND TO TERMINATE YOUR RELEVANT IDVET SERVICES AGREEMENT WITH US.

THIS PRIVACY NOTICE SHALL CONSTITUTE SUFFICIENT NOTICE TO YOU IN RELATION TO THE PROCESS OF PERSONAL DATA BY US.

YOU HAVE ACCESS & YOU HAVE RIGHTS

• Right to be informed & right to access:You are entitled to make a written request to us for information of the Personal Data that is being processed by or on behalf of IDVET upon payment of a prescribed fee. You may also request for a copy of the Personal Data upon payment of a prescribed fee.
• Right to correct your personal data:You may also request for correction and/or modification in relation to any of your Personal Data. If you are concerned with the confidentiality of any information given or you wish to correct any Personal Data provided by you to us, kindly contact us at support@idvet.com.my
• Right to prevent processing for direct marketing purpose: If you do not wish to receive certain information from us whether via SMS, MMS, or any form of text, e-mail or otherwise you shall notify us and request to be excluded from such services, failing which you shall deemed to have accepted the services voluntarily.
• Right to prevent processing of data likely to cause distress & Right to withdraw consent : You are entitled to inform us in writing should you wish us to stop processing your data but we may not be able to provide IDVET Services to you.

MODIFICATIONS

IDVET reserves all absolute rights to amend, modify, vary, terminate, delete and/or add any part or all of this Privacy Notice at any time and from time to time and any notice in relation to any such amendment, modification, variation, termination, deletion and/or addition shall be posted on IDVET Website. YOUR CONTINUED USAGE OF IDVET SERVICES AFTER BEING NOTIFIED OF ANY CHANGES TO THIS PRIVACY NOTICE YOU SHALL BE DEEMED TO HAVE AGREED TO AND ACCEPTED AND CONSENTED TO THOSE CHANGES. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOU MAY TERMINATE YOUR RELEVANT IDVET SERVICES AGREEMENT WITH US.