The following terms and conditions govern the access to and use of this Site, including all features and Contents therein. For purposes hereof, “you” or “your” shall include yourself, your organization and any entity you represent or on the behalf of which you use this Site. You are permitted to access to this Site either you are a registered user (“Subscriber”) or otherwise you are a guest user (“Guest User”) visiting this Site on an anonymous basis.
CRIF OMESTI reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Service at any time or upon notice as required by the Laws of Malaysia. CRIF OMESTI may release certain Service or their features, which may not work correctly or in the same way the final version may work, and CRIF OMESTI shall not be held liable in such instances. CRIF OMESTI may also impose limits on certain features or restrict your access to parts of, or the entire, the Site or the Service in its sole discretion and without notice or liability.
By accessing and using this Site, you signify that you have read and you agree to all of these conditions and notices without modification, including those additional terms and conditions and policies referenced herein and/or linked hereto. If you do not agree with any of these conditions, please discontinue your access immediately. CRIF OMESTI reserves the right to refuse to provide you access to the Site or the Service for any reason.
a. “Content” shall mean all information, linked pages, data, text, images, photographs, graphics, music, video (including live streams), sound, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services), or other multimedia elements, tools, features and functionality provided through the Site, which are owned by or licensed to CRIF OMESTI and offered by CRIF OMESTI.
b. “Credit Report” has a meaning prescribed in the Credit Reporting Agencies Act 2010.
c. “Information Providers” shall mean CRIF affiliated companies or partners of CRIF who provide CRIF OMESTI with the information and data as this information and data subsequently offered by CRIF OMESTI to the Subscribers and/or Guest User.
d. “Order Page” means an online ordering web page available on the Site, where the Subscriber will select the Services requested by the Subscriber as well as the method of payment and the applicable fees.
e. “Password” shall mean the confidential code that the Subscriber must enter in conjunction with the User ID to access to the Service together with the User ID.
f. “Registration Form” means a form which includes the data and the other information needed in order to become an authorized user of the Service.
g. “Service” shall mean the business information service provided by CRIF OMESTI, as available and described on the Site through which CRIF OMESTI offers reports (including Credit Report), customized reports, news, information, data and other content in electronic format created or compiled by CRIF OMESTI or by Information Providers. The Service may be modified by CRIF OMESTI from time to time.
h. “Subscriber” means the party identified on the Registration Form whose application is approved and accepted by CRIF OMESTI;
i. “User information” means information related to your personal data, your account and/or your use of the Service.
j. “You” or “you” means Guest Users and Subscribers.
(You and CRIF OMESTI each a “Party”, and together “Parties”)
2. ANONYMOUS USE
2.2 You may not use robots, spiders, crawlers or other automated downloading programs or devices automatically harvest, scrape, extract, copy, access or collect any information or data from the Site for any purpose.
2.3 CRIF OMESTI reserves the right to demand the Guest Users to return and/or destroy all information or data harvested, scraped, extracted, copied, accessed or collected from the Site from any computer, word processor or other electronic device in the possession, custody or control of the Guest Users.
3. ACCESS TO SERVICE
3.1 In order to access to the Service, you will need to become a Subscriber by:
- submitting the relevant completed Registration Form, which may be requested from CRIF OMESTI;
- providing to CRIF OMESTI all information that CRIF OMESTI may require;
You represent and warrant all the information submitted and provided are true, actual and in line with the original documents, deeds, licenses and any other required documents.
3.2 Upon completion of the above, Subscriber will receive an Email to confirm its registration to use the Service. CRIF OMESTI hereby grant Subscriber a non-transferable, non-exclusive, revocable right to access the Service available on the Site upon confirmation of the registration.
3.3 The Parties expressly stipulate that, should it become necessary for CRIF OMESTI to perform maintenance operations on the Service or Site, as to ensure correct access and continuity in supplying the Service, CRIF OMESTI may proceed, by means of online communication on the Site, to temporarily suspend the access to the Service.
3.4 The Service is subject to the availability of the data and information as provided by the competent public authorities and Information Providers that are specialized in processing information from public archives and/or other sources.
4.1 For accessing the Service, the Subscriber is required to pay the amounts specified in the Order Page, according to CRIF OMESTI’s current fees, which the Subscriber declares to know and accept, and in accordance with the methods of payment selected by the Subscriber on the Order Page. The amounts are considered to exclude SST (if applicable) and other duties and expenses related to the provision of the Service, with the exception of anything expressly indicated in the Order Page.
4.3 CRIF OMESTI reserves the right to change the rates defined in the Order Page whenever the costs for performing the Service increase for any reason. In the latter case, CRIF OMESTI will publish the new current rates in the Order Page. The new prices will be automatically applied after such publication.
4.4 CRIF OMESTI takes no responsibility and assume no liability for any loss or damages to the Subscriber arising from payment information entered by the Subscriber or wrong remittance by the Subscriber in connection with the payment. CRIF OMESTI reserve the right to check whether the Subscriber is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
4.5 CRIF Omesti Sdn Bhd is a SST-registered company in Malaysia. By virtue of the Service Tax Act of 2018, service tax shall be imposed on taxable services provided by a registered company. Please refer to the below tax matrix applied on this platform.
All business information reports regardless of subject - Malaysian or foreign company reports.
Business information reports pertaining to Malaysian companies.
Business information reports pertaining to foreign companies.
For more information, you may visit https://customs.gov.my.
5. USE OF SERVICE
5.1 The Subscriber agrees that access to and usage of the Services is for its own internal business purposes only.
5.2 The Subscriber shall use the Service solely in the capacity of an end-user and may access and view the Content and may retrieve and display Content from the Site on a computer screen and/or download a copy where applicable/or store such Content in electronic form for personal, non-commercial use only.
5.3 The Subscriber shall not, without CRIF OMESTI’s prior written approval, reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, information obtained through the Service, or use or access to the Service. The Subscriber shall not use the Service for the provision of outsourcing or service bureau-like services, without CRIF OMESTI’s express prior written permission. CRIF OMESTI may agree to the Subscriber’s use of the Service to provide such services at a separate charge.
6. WARRANTIES, OBLIGATIONS AND LIABILITIES OF CRIF OMESTI
6.1 CRIF OMESTI undertakes to use the best practices for managing the Service and Site, and take reasonable care to check the accuracy of the data and information contained in Service and Site. However, you have been made aware that CRIF OMESTI receives, among other things, the information and data from third parties such as Information Providers, and will not be held responsible under any circumstances for any incompleteness and/or errors and/or defects that are not attributable to CRIF OMESTI itself in providing this Service. To the fullest extent permissible pursuant to applicable law, CRIF OMESTI disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose or any implied warranties arising from course of dealing or usage of trade.
6.2 Any obstacles to the collection of the data and information caused by the non‑availability of the public sources or third-party providers to provide such data, will not be attributed to CRIF OMESTI.
6.3 The organization and structure of the information within the Service and/or contained on the Site are subject to applicable laws and regulations and, therefore, are subject to possible modification and restructuring in case of relevant changes in such laws and regulations. CRIF OMESTI is authorized to make any changes of a technical nature and/or in the content and/or in the type of information included in the Service and Site, that should become necessary for technical reasons, organizational reasons, or for reasons not attributable to CRIF OMESTI.
6.5 CRIF OMESTI does not warrant that the Site and or Service will be uninterrupted, error-free or accessible, that defects will be corrected, that the site will be secure or operate without error or that this Site or Services will meet your requirements.
7. OBLIGATIONS AND RESPONSIBILITIES OF SUBSCRIBER
7.2 Any changes to the information provided, including but not limited to the postal address and the e-mail address, must be promptly updated on the Site by Subscriber. CRIF OMESTI shall not be liable for any failure of delivering the Services in the event the Subscriber fails to promptly update the information.
7.3 The Subscriber undertakes to use the information and the data from the Service in accordance with Section 5. By requesting Credit Reports from CRIF OMESTI, the Subscriber understands that prior written consent of discours is required and shall provide CRIF SOMETI such consent.
8. TERM AND TERMINATION
9. INTELLECTUAL PROPERTY RIGHTS
9.1 You acknowledge and agree that the Content is derived from databases or other sources that belong to Information Providers and/or CRIF OMESTI. Therefore, CRIF OMESTI and Information Providers retain all right, title and interest, including without limitation copyright and other proprietary rights, in the Service and the Content.
9.2 The trademarks, service marks, trade names, logos and any other proprietary designations of CRIF OMESTI or CRIF (collectively, the “Trademarks”) used and displayed on this Site are the property of CRIF OMESTI or its affiliated companies, or otherwise separately indicated third parties (the “Licensors”) and you may not claim any right, title or interest therein, and you may not copy, imitate, use, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell or create derivative works of any portion of the Service, the Site, its Content, the Trademarks or any marks similar to such Trademarks, in whole or in part, for any purpose. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site. Unless otherwise specified or granted as part of the delivered Services, no license or other right to use any Trademark used or displayed on the Site is granted to you.
10. PERSONAL DATA
10.2 By using the Service or providing information on the Site, you:
- agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and CRIF OMESTI; and
- shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without CRIF OMESTI’s prior written consent.
11.2 Force Majeure. Neither Party shall be responsible for any delay or failure in performance resulting from acts beyond the control of such Party. Such acts shall include but not be limited to an act of God, an act of war, a riot, an epidemic, fire, flood, or other disaster, an act of government, and a strike or lockout.
11.4 Waiver. No term or provision hereof shall be deemed waived and no breach consented to or excused, unless such waiver, consent or excuse is in writing and signed by the Party claimed to have waived, consented or excused. Should either Party consent, waive or excuse a breach by the other Party, such shall not constitute a consent to, waiver of, or excuse of any other different or subsequent breach whether or not of the same kind as the original breach.
11.7 Assignment. You may not assign, transfer, or otherwise convey its rights or obligations hereunder in whole or in part to any individual, firm, corporation, or other entities, without prior consent of CRIF OMESTI.