TERMS OF ACCESS

FOR PUNB DIGITALISATION INITIATIVE MICROSITE

The terms of access sets out herein are the terms and conditions governing your access and usage of the microsite provided by Perbadanan Usahawan Nasional Berhad (PUNB) for the purpose of application, submission of information and document(s) as well as to monitor status of your application for PUNB Digitalisation Initiative: "Rakan Usahawan PUNB @ 100 Go Digital" ('PDI') ('incentive').

  • Definition


    "PDI Microsite" means the online application system provided by PUNB, which may be accessed and utilized by you via the Internet, or any other electronic medium approved by PUNB in accordance with the terms and conditions contained in this Terms of Access.


    "PDI Microsite Terms of Access" means the terms and conditions governing the access and use of PDI Microsite as mentioned herein, as may be varied from time to time.


    "PDI Microsite User ID" means a unique name selected by you during your first time registration of your PDI Microsite user account, consisting of no less than six (6) and no more than thirty-two (32) alphanumeric characters which must be keyed in by you every time you log on to your PDI Microsite user account.


    "PDI Microsite Password" means the minimum eight (8) characters, alphanumeric personal password that you select to access your PDI Microsite user account and subsequently for each time you log on to your PDI Microsite user account.

  • Registration Requirement

    1. You are required to register yourself via PDI microsite i.e (the link) before you may access and use PDI Microsite.

    2. Notwithstanding clause 1 above, the acceptance of such registration will be subject at all times to PUNB’s sole and absolute discretion and PUNB reserves the right to accept or reject your registration and in case where your registration is accepted, to deny your ability to access PDI Microsite, to limit your access or to revoke your access to PDI microsite without being obliged to provide any reason of such rejection.

    PDI Microsite Registration Procedures

    1. The registration to access and use PDI Microsite shall be made by you in the manner as may be guided by the PDI Microsite Terms of Access.
    2. You may be required to provide with certain information which may, in PUNB's sole opinion, be required in order for PUNB to effectively provide PDI Microsite. This information will be dealt with by PUNB in the manner mentioned in the Privacy Notice which is accessible at PUNB’s official website or that has been provided to you. Where the data provided by you relate to personal data, PUNB will deal the same in the manner provided in Information Security Policy and/or Privacy Notice which is accessible at PUNB’s official website.
    3. Subsequent to your successful registration to access and use PDI Microsite, you will be required to key in your PDI Microsite User ID and your PDI Microsite Password each time you log on to PDI Microsite.
    4. You agree and acknowledge that PUNB has the right to invalidate your PDI Microsite User ID and your PDI Microsite Password without being obliged to provide any reason for such invalidation or to respond to any request for information from yourself. Furthermore, you agree and acknowledge that you shall not hold PUNB liable for any Loss, which you may suffer as a result of such invalidation.

  • Procedure for Retrieval of PDI Microsite User ID and Reset of PDI Microsite

    Password

    1. Should you forget your PDI Microsite User ID and/or PDI Microsite Password, you can retrieve your PDI Microsite User ID and/or reset your PDI Microsite Password in the manner as may be guided by the PDI Microsite Terms of Access.

    Acceptance to PDI Microsite Terms of Access

    1. You acknowledge that by registering yourself to access and use PDI Microsite, you shall be deemed to have read, understood and agreed to be bound by the terms and conditions contained in this PDI Microsite Terms of Access in your access and use of PDI Microsite and you further acknowledge and accept all inherent risks and Loss associated in accessing and using PDI Microsite.

    2. PDI Microsite is provided to you on “as is”, “as available”, and with all faults basis. PUNB disclaims all warranties, express and implied, including, but not limited to, any warranties of merchantability, quality of information, quiet enjoyment, non-infringement, title, or fitness for a particular purpose. PUNB does not warrant that PDI Microsite will be error free, uninterrupted, free from spyware, malware, adware, viruses, worms, or other malicious code, or will function to meet your requirements. PUNB does not warrant that PDI Microsite will work with your operating system or with any other software installed on your computers or mobile devices and disclaims any liability for any loss arising out of your inability to install PDI Microsite and/or your inability to access and/or to fully access PDI Microsite.

    3. For the avoidance of doubt and notwithstanding anything contained in this PDI Microsite Terms of Access, you agree and acknowledge that in no event shall PUNB and/or its affiliates be liable for any direct, indirect, special, punitive, exemplary, consequential or any other damages whatsoever, including but not limited to property damage, loss of use, loss of business, economic loss, loss of data or loss of profits, without regard to the form of action (including but not limited to contract, negligence, or other tortious actions) arising out of or in connection with your use and/or access of PDI Microsite or from any information, content, materials, products (including software) or other services included in or otherwise made available to you through PDI Microsite or any other electronic medium approved by PUNB even if PUNB or its employees, representatives or affiliates have been advised of the possibility of such damage or loss.

    4. You are warrant and represent to PUNB that:

    i) for corporate person:
    a) you are a corporation duly registered or incorporated and validly existing under the laws of the jurisdiction of its organization or incorporation;
    b) you and your representative have full power and authority and have obtained all necessary authority and consent to enter into and perform your obligations under PDI Microsite Terms of Access;
    c) this PDI Microsite Terms of Access create legal, binding and valid obligations, enforceable against you in accordance with its terms;
    d) there are no suits or proceedings pending against of affecting you which would have a material adverse effect upon the performance of your obligations in accordance with this PDI Microsite Terms of Access; and
    e) you are in compliance with all the relevant legislations, laws and regulations governing you.

    ii) for individual person:
    a) you have reached the age of majority;
    b) you are not a bankrupt;
    c) you have not been convicted or is involved in any criminal and/or illegal activities;
    d) this PDI Microsite Term of Access create legal, binding and valid obligations, enforceable against you in accordance with its terms;
    e) there are no suits or proceedings pending against of affecting you which would have a material adverse effect upon the performance of your obligations in accordance with this PDI Microsite Terms of Access; and
    f) you are in compliance with all the relevant legislations, laws and regulations governing you.

  • Information and Documents

    1. You hereby confirm that all information that to be filled in and documents uploaded in the PDI Microsite are accurate, correct, updated, complete and that there is no false or misleading statement contained in, or material omission from the information filled up and documents uploaded by you.
    2. You hereby authorize PUNB to verify the information and documents provided by you with any other party, and furnish it to those who are deemed necessary by PUNB.
    3. You hereby agree that PUNB reserves the right to reject the Incentive Application if the documents provided are deemed to be incorrect.
    4. You agree and acknowledge that PUNB reserves the right to remove, destroy or delete the information filled in and/or documents uploaded by you from PDI Microsite if you have not logged on to PDI Microsite for a certain period continuously as may be determined by PUNB.

    Responsibility and Undertaking

    1. You agree and acknowledge that you shall at all times keep your PDI Microsite User ID and PDI Microsite Password confidential and shall not share or disclose the same to any person whatsoever, including any officers of PUNB.
    2. You are responsible for any information filled up and documents uploaded in the PDI Microsite whether it was in fact made by you or by any other person(s) purporting to be you. It is your duty to exercise utmost care, diligence and precautions while using/accessing the PDI Microsite. PUNB shall not be held liable for any loss, damage or destroy to the information/documents provided by you.
    3. You shall provide any further supporting materials information in full, upon request from PUNB from time to time (if required).

    Incentive Application Processing

    1. You agree that the Incentive Application submitted through PDI Microsite will be processed by PUNB in accordance with its internal procedures, which may be changed by PUNB from time to time.
    2. You further agree that you shall comply with the specific terms and conditions imposed by PUNB in respect of the Incentive Application submitted by you via PDI Microsite. You shall keep yourself informed, updated of and adhered to PUNB’s relevant and applicable policies and practices and other terms applicable to your Incentive Application as provided by PUNB from time to time.
  • Incentive Application Approval

    1. You agree that PUNB shall only review your Incentive Application upon confirmation on your compliance with the specific terms and conditions imposed by PUNB. You further agree that PUNB, at its absolute discretion reserves the right to approve or reject the incentive application without state any reason for such approval or rejection.

    Disclosure of Information

    1. You hereby expressly authorize and permit PUNB to disclose/reveal any or all particulars and information relating to yourself or your Incentive Application submitted by you via PDI Microsite with any other party who are deemed necessary by PUNB.
    2. You authorize PUNB to procure any information from any person, organization, authority, company, corporate or unincorporated body or any other entity as PUNB may in good faith deem fit in connection with your Incentive Application and authorize the disclosure by such person of any information required by PUNB.

    Exclusions of liability

    1. PUNB shall use all reasonable efforts to ensure the operation and provision of PDI Microsite. However, you agree and acknowledge that PUNB does not make any warranties or representations of any kind whatsoever with respect to PDI Microsite, whether express or implied and PUNB shall not be responsible or liable for any loss whatsoever howsoever arising whether in tort, contract or indemnity, in relation to the provision of PDI Microsite whether suffered by you or any other person.
    2. While PUNB shall make reasonable efforts to ensure that the incentive application information is accurate and current, there may be instances where inaccurate or incomplete information is inadvertently displayed. In the event such information is incorrect or incomplete, PUNB shall have the right at its sole and absolute discretion, to refuse, avoid, nullify, revise and/or cancel any Incentive Application and or any instruction effected due to, arising from or as a consequence of the inaccurate or incomplete information. PUNB assumes no responsibility for any error or omission in the content of the said PDI Microsite, and expressly disclaims liability for any loss incurred due to such errors, inaccuracy misstatements or omissions.
    3. You agree that so long as PUNB acts in good faith in acting upon or carrying out any instructions, PUNB shall neither be responsible nor liable to you in any respect for any loss caused by or arising from PUNB's execution or implementation of such Incentive Application, instructions or any matter arising therefrom.
    4. Without prejudice to the generality of the foregoing and notwithstanding any provision to the contrary in this PDI Microsite Terms of Access or in any other terms and conditions governing PUNB and you, PUNB shall not in any event be responsible or liable to you for any indirect or consequential loss, or for punitive damages, whether arising from any breach of PUNB's obligations to you or otherwise.
  • Variation

    1. PUNB may at any time, reserves the right change, modify, delete, amend, add or vary the terms and conditions of this PDI Microsite Terms of Access without the need to give you any notice and without any liability whatsoever to you or any other third party for doing so. You are advised to check PDI Microsite Terms of Access from time to time.
    2. If you continue to use PDI Microsite after the effective date of any additional or amended terms and conditions to this PDI Microsite Terms of Access, then you shall be deemed to have accepted such additional or amended terms and conditions and agreed to be bound by the same.

    Termination

    1. You agree and acknowledge that PUNB may at its sole right and absolute discretion, suspend, terminate or restrict your access to PDI Microsite or any part thereof for any reason, without the need to give any notice to you and without any liability whatsoever to you or any other third party for doing so.
    2. PUNB further reserves the right to terminate the incentive immediately in the event that you have committed an Event of Default by virtue of the security documents executed between you and PUNB in relation to the financing facility(ies) and/or rental granted to you by PUNB.



    Governing Law and Jurisdiction

    1. Notwithstanding from where you gain or attempt to gain access to PDI Microsite, you agree that this PDI Microsite Terms of Access shall, at all times, be governed by and construed in accordance with the laws of Malaysia. Further, you agree to submit and be bound by the exclusive jurisdiction of the Courts of Malaysia for any issue or dispute arising from this PDI Microsite Terms of Access.

    Declaration

    1. That I/we have been authorised to act on behalf of my company/business partner/director/shareholder (if applicable) to give this declaration;
    2. That all information provided is complete, true and correct.
    3. That I/we have accessed and/or read and understood the PDI Microsite issued by PUNB (which can be found on PUNB's official website or that has been provided to me) and confirms my consent to the PDI Microsite.
    4. I/we also understand that the information provided is always subject to PUNB’s verification, acceptance and approval.
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