MS

Malay (MS)

WEBSITE TERMS AND CONDITIONS

IMPORTANT: DEAR CUSTOMER, PLEASE READ THESE WEBSITE TERMS AND CONDITIONS (INCLUDING ALL OF ITS SCHEDULES AND APPENDICES (IF ANY)) (“WEBSITE TERMS AND CONDITIONS”) CAREFULLY. SHOULD YOU HAVE ANY QUERIES REGARDING THESE WEBSITE TERMS AND CONDITIONS, YOU MAY CONTACT BETTR MY (AS DEFINED BELOW) THROUGH ITS PRESCRIBED COMMUNICATION CHANNELS IN ACCORDANCE WITH THESE WEBSITE TERMS AND CONDITIONS.

THESE WEBSITE TERMS AND CONDITIONS MUST BE READ TOGETHER WITH THE TERMS OF SERVICE (IF ANY) TO WHICH THE CUSTOMER WILL AGREE. THESE WEBSITE TERMS AND CONDITIONS, THE TERMS OF SERVICE, ANY OTHER CUSTOMER DOCUMENTATION APPLY TO THE RELATIONSHIP BETWEEN THE CUSTOMER AND BNEXT DIGITAL LENDING (MALAYSIA) SDN. BHD. (“BETTR MY”) IN RELATION TO THE PLATFORM PROVIDED AND SERVICES GRANTED BY BETTR MY TO THE CUSTOMER.

BY CLICKING ACCEPT TO THESE WEBSITE TERMS AND CONDITIONS AND ACCESSING AND/OR USING THE WEBSITE, THE CUSTOMER WILL BE DEEMED TO (1) HAVE AGREED TO ENTER INTO THESE WEBSITE TERMS AND CONDITIONS, AND (2) BE AWARE OF, FULLY UNDERSTAND, ABIDE BY AND BE BOUND BY WEBSITE TERMS AND CONDITIONS. PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS AND/OR USE OF THE WEBSITE IF YOU DO NOT AGREE TO BE BOUND BY and abide by THESE WEBSITE TERMS AND CONDITIONS.

THE CUSTOMER AGREES THAT (1) ALL INFORMATION PROVIDED, REGISTRATION AND ACTIONS TAKEN BY IT ON ITS ACCOUNT ON THE WEBSITE (IF ANY) SHALL BE DEEMED TO BE ITS ACTIONS, FOR WHICH IT IS LEGALLY RESPONSIBLE. THE CUSTOMER WARRANTS THAT IT IS IN CONTROL OF ITS ACCOUNT ON THE WEBSITE AND THE CUSTOMER HAS BEEN EXERCISING REASONABLE CARE TO KEEP ITS ACCOUNT DETAILS (IF ANY) IN SAFE CUSTODY, AND (2) ACCEPTANCE OF THESE WEBSITE TERMS AND CONDITIONS ONLINE HAS THE SAME LEGAL EFFECT AS IF THE CUSTOMER HAS SIGNED THE SAME IN PERSON.

1. Access and Use of the Website

  1. You agree to access and/or use the Website only for purposes that are legal, proper and in accordance with these Website Terms and Conditions (including any applicable policies or guidelines). Any act or operation in connection with the Website shall be deemed as your act, and you shall bear the corresponding legal consequences.
  2. You must access and/or use the Website in good faith and in compliance with all applicable laws and regulations. The information and material you provide in connection with the use of the Website must be complete, updated true, lawful and accurate, and not incomplete, outdated, false, unlawful, inaccurate, misleading or deceptive.
  3. You shall not access and/or use the Website for any illegal activities (including fraud) or in a manner that may result in complaints, disputes, claims, penalties or other liability to Bettr MY, other users or third parties or in a manner that may be regarded as an abuse of the Website.
  4. You are not allowed to sell, resell, distribute, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reverse engineer, disassemble, decompile, translate, or reproduce any content or information on the Website, or create derivative works of any kind whatsoever for any commercial, public or competitive activity or purpose.
  5. You must not access and/or use the Website in any manner that could damage, disable or impair the functioning of the Website or the products or services made available through the Website. You must not engage in any activity that could or does interfere with, disrupt or negatively affect (a) the use or enjoyment of the Website by any party (including Bettr MY itself); or (b) any servers or networks or the security of the servers or networks connected to the Website.
  6. Your access and/or use of the Website may require the use of electronic devices and other equipment, services or materials that Bettr MY does not control (such as telecommunications or internet services, electronic devices and hardware, operating systems and other third-party software). It is your responsibility to comply with all applicable third-party terms and agreements when using the Website. You are responsible for any fees charged by any third party imposed on you, such as your internet or mobile service provider.

2. Data and Privacy

  1. Bettr MY’s Privacy Policy available at https://render.bettrfinancing.com/p/c/180021490000000586/index.html?agreementId=IG00100212&env=prod shall apply to all personal data collected, held, used, processed, and/or disclosed by Bettr MY in connection with your use of the Website. You confirm that you agree to Bettr MY’s collection, use and disclosure of your data in accordance with Bettr MY’s Privacy Policy.

3. Provision of the Website

  1. You shall upon Bettr MY’s request, promptly perform such acts and/or execute such further documents as Bettr MY may require in connection with the Website.
  2. You understand that all information, data, text, software, sound, images, graphics, video, messages, and/or other materials (“Content”) provided through the Website are provided “as is” and “as available” and are subject to the disclaimers set out in these Website Terms and Conditions.
  3. To the extent that any Content derives from a source other than Bettr MY, it reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any such Content. You understand that by using the Website that permit Content from a source other than Bettr MY, you may be exposed to Content that is inaccurate, false, outdated, incomplete, unlawful, fraudulent, offensive, indecent or objectionable, and that you use such Website at your own risk.
  4. You shall immediately notify Bettr MY if you have received any data, notice, information or request through the Website which is not intended for you. You shall immediately delete the data, notice, information or request in its entirety from all electronic devices that you use to access and/or use the Website.

4. Third Party Hyperlinks

  1. Bettr MY may include hyperlinks on the Website to websites or services that are provided, owned or operated by third parties (“Third Party Sites”). The Third Party Sites are not under the control of Bettr MY and Bettr MY cannot accept responsibility for the contents of or the consequences of accessing and/or using any Third Party Sites. Furthermore, the hyperlinks provided in the Website shall not be considered or construed as an endorsement, recommendation, approval, guarantee, warranty confirmation or verification of the Third Party Sites or the contents therein by Bettr MY. Bettr MY is not a party to any contractual arrangements entered into between you and the provider, owner, or operator of the Third Party Sites unless otherwise expressly specified or agreed to by Bettr MY. You agree that your access to and/or use of the Third Party Sites is entirely at your own risk and subject to the terms and conditions of access and/or use contained in the Third Party Sites.

5. Disclaimers

  1. You acknowledge that the provision and operation of the Website depends on a number of variables (including locations, signal strength, availability of internet and mobile network services, electronic devices, and software) which are beyond Bettr MY’s control. Whilst Bettr MY has taken care in providing and operating the Website and the Content, they are all provided “as is” and “as available” basis. Bettr MY makes no guarantees, conditions or warranties of any kind, including as to the truth, accuracy, adequacy, completeness or reasonableness of the Website and the Content.
  2. To the maximum extent legally permitted, Bettr MY excludes and disclaims all representations, warranties, conditions, guarantees, undertakings, and other terms implied by statute, common law, or otherwise in relation to the Website and the Content, including but not limited to:
    1. all express, implied and statutory warranties, including any warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary rights;
    2. the security, accuracy, reliability, availability, completeness, timeliness and performance;
    3. any warranties regarding the absence of computer viruses or other malicious code in connection with the Website or the Content;
    4. any warranties that the information or results provided by or that may be obtained from the use of the Website will meet your specific requirements;
    5. any warranties whatsoever regarding any product or services advertised, made available or referred to you through the Website;
    6. all liability for any errors, omissions, inaccuracies, or incompleteness of the Content; and
    7. that the Website will be uninterrupted, timely, secure or error-free.
  1. Bettr MY does not make any representations that the Content made available through the Website are appropriate or available for use in any geographic areas or jurisdictions other than Malaysia. The Website are not intended for distribution to, or use by, any person or entity in any jurisdiction or country other than Malaysia.

6. Termination or Suspension of the Website

  1. You agree that Bettr MY reserves the right in its sole and absolute discretion to, and without incurring any liability to you, to block, suspend, restrict or terminate your access to and/or use of the Website without prior notice, if:
    1. Bettr MY is required to do so by an Authority, a court order of a court in Malaysia or any Applicable Laws;
    2. Bettr MY reasonably suspects that you are in breach of these Website Terms and Conditions;
    3. Bettr MY reasonably suspects that the Website are being used in a fraudulent, illegal or unauthorised manner;
    4. Bettr MY reasonably suspects that you have been using the Website for money laundering, terrorism financing, proliferation financing, fraud, sanctions violation, export controls violation, or any other financial crime;
    5. Bettr MY reasonably suspects that you are subject to ongoing, threatened or pending litigation, investigation, administrative or government proceedings; or
    6. Bettr MY deems it appropriate to do so.
  2. All rights not expressly granted under these Website Terms and Conditions are reserved by Bettr MY.
  3. To ensure the safety and efficiency of the Website continuously, Bettr MY may establish general practices and restrictions concerning the access and/or use of the Website. These include temporarily or permanently changing, suspending, or discontinuing any features of or access and/or use to all or any part of the Website (for instance restricting the hours of operation or availability for scheduled or unscheduled maintenance or any other reason). Bettr MY may not be able to do this with prior notice to you, however will endeavour to provide you with notice of such suspension or discontinuation to the extent possible.

7. Your Representations, Warranties and Undertakings to Bettr MY

  1. You represent and warrant to Bettr MY that:
    1. you are entering into these Website Terms and Conditions and accessing and/or using the Website as an individual of sound mind and has full legal capacity and authority to enter into, exercise your rights under, and perform the obligations under these Website Terms and Conditions;
    2. you have the power to enter into, perform and deliver, and has taken all necessary action to authorise your entry into, performance and delivery of, the Website Terms and Conditions which you are a party;
    3. your entry into and performance of, and the transactions contemplated by, the Website Terms and Conditions do not and will not conflict with:
      1. any law or regulation applicable to it; or
      2. any agreement or instrument binding upon it or any of your assets;
  2. These representation and warranties are deemed to be made by you (a) on and from the date these Website Terms and Conditions take effect; (b) on every day thereafter, until these Website Terms and Conditions have been terminated; and (c) by reference to the facts and circumstances then existing on the dates in (a) and (b).
  3. You undertake to Bettr MY that:
    1. you shall comply with all Applicable Laws you are subject to, and shall take all steps and to provide all assistance, information, documents, and records as Bettr MY may require for it to comply with all Applicable Laws;
    2. you are not subject to any Sanctions, or designated on any restrictive lists;
    3. you shall not transact any business or activities through the Website, that directly or indirectly involve or benefit any person or entity located in a Sanctioned Jurisdiction/Region, or with any jurisdiction, state, entity, vessel or individual, designated as a Sanctioned Entity or that is subject to Sanctions; and
    4. you shall notify Bettr MY immediately if this undertaking becomes, or is likely to become, untrue or inaccurate in whole or in part, at any time.

8. Invitation to Treat and Not Offers

  1. Nothing made available through any of the Website should be considered or construed as Bettr MY as (i) making an offer or solicitation to make available any investments, loans, advances, credits, facilities or deposits in any jurisdiction; or (ii) giving any advice in relation to the foregoing.
  2. Notwithstanding the generality of the above, the Content provided through the Website shall in all cases be construed as an invitation to treat made only in Malaysia. Any such invitation to treat shall be void if prohibited by law (whether under Malaysian law or the law of the jurisdiction where you are located). By making an offer to Bettr MY (which shall be deemed unsolicited), you warrant that such offer and any contract resulting from the acceptance thereof by Bettr MY will not be in conflict with the laws of your jurisdiction. The offer, acceptance and contract will be made pursuant to the “Governing Law and Jurisdiction” provision below. Bettr MY shall not be under any obligation whatsoever, express or implied, to reply to any unsolicited correspondence, communications or email or to acknowledge receipt of the same.

9. Indemnity

  1. You shall promptly indemnify and hold harmless Bettr MY and its Affiliates (“Indemnified Parties”) on a full indemnity basis all Losses suffered or incurred by the Indemnified Parties in connection with or arising out of (a) your access and/or use of the Website; (b) your breach of any of these Website Terms and Conditions; or (c) your violation of any laws, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
  2. For the avoidance of doubt, the indemnity above applies to any Loss incurred or suffered by any Indemnified Party relying, acting, or omitting to act on any instructions given or purported to be given by you.
  3. The indemnity under this Clause shall not in any way be prejudiced or affected by the suspension, restriction or termination of your access and/or use the Website or any Bankruptcy Proceedings against you or any of the assets of the aforementioned.

10. Limitation of Liability

  1. To the maximum extent legally permitted, the Indemnified Parties shall not under any circumstances be liable to you (whether directly or indirectly, in contract, tort, statute or otherwise) in respect of any Loss incurred by you in connection with or arising out of the following:
    1. the access and/or use of Website;
    2. any act, statement (express or implied), default or omission of any Indemnified Party or its service providers;
    3. any transaction not successfully executed not successfully received via the Website;
    4. any suspension, restriction or termination of your access and/or use of the Website;
    5. if the communication (if any) via the Website is delayed, intercepted, lost, or otherwise fails to reach the proposed recipient during the process of delivery or transmission;
    6. if the contents of any communication (if any) are modified, intercepted, or otherwise accessed by any third party during the process of delivery or transmission,
    7. for your access and use of the Third Party Sites that are accessible via hyperlinks that appear on the Website;
    8. for any content of such Third Party Sites;
    9. in the event you are unable to access and/or use the Website for whatsoever reasons; or
    10. if any, the inaccuracy, incomplete, outdated, false, incorrect or inadequate Content.

except and to the extent that such liability is (i) primarily caused by that Indemnified Parties’ gross negligence or willful misconduct; and (ii) this is finally determined by a court of competent jurisdiction.

  1. For the avoidance of doubt, the Indemnified Parties shall not be liable to you for (a) any consequential, indirect, incidental, punitive or special damages of any nature or in respect of any loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill, or loss of value of any tangible property; or (b) the acts, omissions or default of any third parties, or for the non-delivery, loss or destruction of any instruction or other item in transit to or in the possession of any third parties, and any other loss or damage incurred by you in connection with the above.

11. Security and Transmitting over the Internet

  1. You acknowledge that the internet is inherently insecure or unreliable. Due to the nature of the internet, transactions conducted or messages sent through the Website may be subject to interruption, transmission blackout, delayed transmission, incorrect data transmission, interception, or other security breach. In addition, whilst Bettr MY has implemented commercially reasonable technical and organisational measures to secure your data and personal information from unauthorised use, Bettr MY cannot guarantee that unauthorised third parties will never be able to undermine those measures.
  2. By conducting or transmitting any transactions, applications, information or documentation over the Internet, you acknowledge and accept the risks inherent with this method of conducting or transmitting such transactions, applications, information or documentation.
  3. You must take all reasonable precautions to keep safe, and prevent fraudulent use of, your electronic device that you use to access and/or use the Website. For example:
    1. you must use a passcode, biometric authentication method or such other method provided by your device provider to protect the access on your electronic device;
    2. you must not share your passcode with any person or write it down on your electronic device or on anything usually kept with or near it;
    3. you must not use the Website on any electronic device or operating system that has been modified (including jailbroken) beyond its vendor-supported or warranted configurations.

12 Force Majeure

  1. If Bettr MY is prevented from or delayed in providing or operating the Website by reason of Force Majeure, Bettr MY shall have no liability in respect of the performance or non-performance of such obligations during (a) for so long as the Force Majeure event continues; and (b) (where applicable) for as long as the effects of the Force Majeure event continue to prevent Bettr MY from performing its obligations or providing the Website.

13. Notices and Communications

  1. Any communication to be made under or in connection with these Website Terms and Conditions shall be made in writing and, unless otherwise stated, may be made by electronic mail or letter or for purpose of communication from Bettr MY, through the Website in accordance with the details specified below.
    In respect of Bettr MY:
    Bnext Digital Lending (Malaysia) Sdn. Bhd.
    Address:Suite 76.01 of Level 76, Suite 77.01 of Level 77, Menara Exchange 106, Lingkaran TRX, Tun Razak Exchange, 55188 Kuala Lumpur, Malaysia
    Email:gethelp@bettr.my
    With copy to:Head of International Legal
    antint-legalnotice@ant-intl.com
    Website:https://www.bettr.my/
    In respect of the Customer, to the email address and/or address specified by the Customer to Bettr MY.
  2. Any notice given under or in connection with these Website Terms and Conditions must be in English.
  3. Any communication or document made or delivered by one person to another under or in connection with these Website Terms and Conditions will be effective and shall be deemed to have been received:
    1. if by way of letter, only when it has been left at the relevant address or three (3) Business Days after being deposited in the post postage prepaid in an envelope addressed to it at that address;
    2. if sent by electronic mail, to the email address last notified by the recipient, on the date and time the email is transmitted, provided that no delivery failure notification is received by the sender; or
    3. by the Customer, if posted on the Website, on the date of such publication.
  4. Any communication or document which becomes effective, in accordance with the paragraph above, after 5 p.m. in the place of receipt shall be deemed only to become effective on the following Business Day.

14. Intellectual Property

  1. Limited Licence: Subject to your compliance with these Website Terms and Conditions, Bettr MY grants to you a worldwide, non-exclusive, non-transferable, non-sharable, revocable, limited license to use, and in relation to the Website, to download a copy of, the Website (including the products and services made available through the Website) solely for your personal or internal business use in accordance with these Website Terms and Conditions.
  2. Intellectual Property Rights: You acknowledge that, as between you and Bettr MY, all Intellectual Property Rights in and to or otherwise associated with the Content and the Website (including any software used in or in connection with them) are the property of Bettr MY and its licensors. You shall not, and shall not attempt to:
    1. reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying ideas or algorithms of any the Content and the Website;
    2. copy, reproduce, distribute, publicly display, sell, or exploit any of the materials in the Content and the Website, in whole or in part, without the prior written consent of Bettr MY;
    3. use any of the materials in any manner that infringers the Intellectual Property Rights of Bettr MY or any third party.

Any unauthorized use of the Content, the Website, and any materials therein may result in civil and/or criminal penalties under the Malaysian laws. Bettr MY reserves the right to seek all remedies available by law for any infringement of its Intellectual Property Rights.

  1. Acquired rights: You acknowledge that except for the licences expressly granted to you as set out in these Website Terms and Conditions, you do not acquire any proprietary or intellectual property rights to or otherwise associated with the Website or any Content. To the extent that you may acquire any such rights, you agree to:
    1. transfer and assign these rights to Bettr MY; and/or
    2. execute any additional documents as Bettr MY may require to effect this.
  2. Trademarks: Without limiting the generality of the foregoing, as between you and Bettr MY, Bettr MY owns the trademarks, trade names, texts, graphics, logos, icons, and service marks (“Trademarks”) that are used or displayed on the Website. You are not allowed to use any Trademarks used or displayed on the Website without Bettr MY’s prior written consent. If there are any trademarks not owned by Bettr MY that appear on the Website, you acknowledge that such trademarks are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Bettr MY.
  3. Copyrighted material: Without limiting the generality of the foregoing, you acknowledge and agree that the Website contain copyright, proprietary and confidential information and materials. You further acknowledge and agree that the Content contained in advertisements or presented to you through the Website is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You are not allowed to modify, reproduce, store, transmit, copy, distribute, rent, lease, loan, sell, or create derivative works based in whole or in part on any part of these materials or the Content, or use them in any way other than as expressly permitted by these Website Terms and Conditions or as expressly authorised by Bettr MY and/or the applicable third-party rights holders in writing.

15. Miscellaneous

  1. Assignment and transfers: You shall not grant any security interest over, or assign or transfer any of, your rights or obligations under these Website Terms and Conditions to any third party without Bettr MY’s prior written consent. You agree that Bettr MY may assign or transfer all or any of its rights and obligations under or in connection with these Website Terms and Conditions.
  2. Outsourcing: Bettr MY may, to the extent legally permitted, delegate, outsource, or subcontract any part of Bettr MY’s operations or its provision of the Website (including carrying out instructions) to any of its Affiliates or a third party in any jurisdiction without your prior consent.
  3. Amendments: Bettr MY may amend these Website Terms and Conditions from time to time, and you can find the most current and updated version published on Website. The most updated version of these Website Terms and Conditions shall take effect as posted onto the Website, or as otherwise indicated by Bettr MY. Each time you access and/or use the Website after each such update, you are deemed to agree to be bound by these Website Terms and Conditions applicable as at such time.
  4. Remedies and waivers: No failure to exercise, nor any delay in exercising, by Bettr MY, any right or remedy under these Website Terms and Conditions shall operate as a waiver of any such right or remedy or constitute an election to affirm these Website Terms and Conditions. No election to affirm these Website Terms and Conditions of Bettr MY shall be effective unless it is in writing. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in these Website Terms and Conditions are cumulative and not exclusive of any rights or remedies provided by law.
  5. Partial invalidity: If, at any time, any provision of these Website Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.
  6. Third parties’ rights: Unless expressly provided to the contrary in these Website Terms and Conditions, a person who is not a party to these Website Terms and Conditions has no rights to enforce or enjoy the benefit of any term in these Website Terms and Conditions, except that each Indemnified Parties shall have the right to enforce the relevant rights or benefits (including as set out in the indemnity provisions) in these Website Terms and Conditions against you directly.

16. Governing Law

  1. These Terms and Conditions shall be governed by and construed in accordance with Malaysian law. The courts of Malaysia have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and Conditions (including any dispute regarding the existence, validity, or termination of these Terms and Conditions).
  2. In the event of any conflict arising between the English version and non-English versions (if any) of these Website Terms and Conditions, the English version of these Website Terms and Conditions shall prevail.

17. Definitions

  1. The following definitions apply, unless the context otherwise requires:
    1. “Affiliates” means any person directly or indirectly controlling, controlled by, or under common control with Bettr MY. For purposes of this definition, “control,” “controlling”, and “controlled” mean having the right to elect a majority of the board of directors or other comparable body responsible for management and direction of Bettr MY by contract, by virtue of share ownership or otherwise.
    2. “Applicable Laws” means all applicable laws, rules, regulations, orders, rulings, directives, circulars, guidelines, request, sanction, embargo, restriction of or agreement with any Authority, and any rules of any stock exchange.
    3. “Authority” means any governmental, administrative, regulatory, supervisory, quasi-governmental self-regulatory body or authority or court or tribunal having jurisdiction over (or regulates, oversees or supervises) any Bettr MY and its Affiliates or Customer.
    4. “Bankruptcy Proceedings” means, in relation to a person, any action, legal proceedings or other procedure or step has been taken in relation to: (i) suspension of payments, a moratorium of any of your indebtedness, administration, judicial management, provisional supervision applying to it; (ii) a composition, compromise, assignment or arrangement with any of your creditors; (iii) the appointment of a liquidator, receiver, administrator, judicial manager, administrative receiver, compulsory manager, provisional supervisor or other similar officer in this respect or any of your assets; or (iv) enforcement of any security over any of your assets, or any analogous procedure or step is taken in any jurisdiction.
    5. “Business Day” means a day (other than a Saturday, Sunday, or public holiday) on which banks in Kuala Lumpur are open for general business.
    6. “Customer”, “you”, “your” means the individual that will be assessing and/or using the Website.
    7. “Force Majeure” means an event beyond the reasonable control of Bettr MY, including but not limited to any spread or contamination of infectious diseases or epidemics, any natural disaster, catastrophe, act of God or sovereign act, any stalling, malfunction or interruption of transmission or power, communication or computer facilities or system, any restrictions, conduct, regulations, orders, decrees, refusal to grant any license or permit, change of policy or implementation of an injunction or measures of any government or regulatory agency, or any military coup or capture of power, any obstruction, war, aggression, hostile acts, riots, terrorist activities, sabotage or other prohibition, blockades, bad weather, rebellion, strikes, industrial actions, and any material changes in financing, financial, political or economic conditions, or implementation of foreign exchange or capital controls, or suspension of or restriction on currency exchange or remittances in Malaysia or elsewhere.
    8. “Intellectual Property Rights” means all rights in and to any copyright, trademark, trading name, design, patent, know how (trade secrets) and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic field and any application or right to apply for registration of any of these rights and any right to protect or enforce any of these rights, as further specified in any intellectual property law worldwide.
    9. “Loss” means all losses (whether direct, indirect, consequential, special or punitive), damages, actions, proceedings, claims, liabilities (whether contingent or otherwise), fees, charges, costs and expenses (including taxes and legal costs on a full indemnity basis) of whatever nature and howsoever arising.
    10. “Privacy Policy” means Bettr MY’s privacy policy available at https://render.bettrfinancing.com/p/c/180021490000000586/index.html?agreementId=IG00100212&env=prod.
    11. “Terms of Service” means the terms and conditions applicable of the respective services provided or to be provided by Bettr MY.
    12. Sanctioned Entity” is an individual or entity that is designated by sanctions authority.
    13. Sanctioned Jurisdiction/Region” means countries or jurisdiction subject to United Nations, European Unions, United Kingdom, United States (U.S.), Singapore and Malaysia, etc. sanctions that may be updated from time to time
    14. Sanctions” means any economic or financial cs, trade embargoes, export controls and anti-boycott laws and regulations and related regulations, rules or restrictive measures administered, enacted or enforced from time to time by (i) the United Nations Security Council; (ii) the People’s Republic of China; (iii) the Monetary Authority of Singapore; (iv) the United States government, including those administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the U.S. Department of State; (v) Bank Negara Malaysia; (vi) His Majesty’s Treasury of the Government of the United Kingdom; (vii) European Unions and its member states; or (viii) any other relevant government authority (including, for the avoidance of doubt, such government authority having jurisdiction over (A) you and/or Bettr MY (whether based on jurisdiction of incorporation or place of trade, business or other operational activities); or (B) any other transactions contemplated by any customer documentation.
    15. “Website” means https://www.bettr.my or such other website of Bettr MY.
  2. Interpretation

In this document:

    1. words importing the singular include the plural and vice versa;
    2. includes” and “including” are not words of limitation and will be interpreted to mean “including without limitation”;
    3. person” includes an individual, partnership, company, corporation, firm, joint venture, government, state or agency of a state, consortium, trust, association or other bodies of persons, or other entity (whether or not having separate legal personality), and such person’s successors, assigns, transferees or other persons authorised to take over such person’s legal rights;
    4. a “customer documentation” or any other agreement, instrument (including any policies or terms and conditions) is a reference to that Customer Documentation or other agreement or instrument as amended, novated, supplemented, extended, or restated;
    5. any reference to a Clause is to a Clause in these Website Terms and Conditions (unless expressed otherwise);
    6. a provision of law is a reference to that provision as amended or re-enacted;
    7. headings are for convenience only; and
    8. unless a contrary indication appears, any reference in these Website Terms and Conditions to a time of day is a reference to Malaysian time.