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Terms of use and condition agreement of Crif Omesti

This company-report.crif.com.my (“Site”) is granted by CRIF OMESTI SDN. BHD. (“CRIF OMESTI”) who is a CRIF company registered under the Laws of Malaysia. CRIF OMESTI’s primary business line is in providing business information reports to clients, both international and domestic. Any new features added to or augmenting the Service are also subject to this Terms of Use. This Terms of Use govern your use of Services provided by CRIF OMESTI.

 

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.

 

1. DEFINITIONS

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

2.1 If you are using the Site (or accessing certain Content herein) on an anonymous basis, or in other words you are the Guest Users, you may use this Site (or such Content) solely for informative purposes. You are permitted to read the information and materials available on this Site ONLY and nothing else. Your use is subject to all other terms and conditions of this Terms of Use, including, but not limited to all restrictions therein.

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:

  1. submitting the relevant completed Registration Form, which may be requested from CRIF OMESTI;
  2. 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. PAYMENT

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.

4.2 For each payment made by the Subscriber, CRIF OMESTI will issue an invoice which will be sent to the Subscriber via electronic means at the e-mail address provided by the Subscriber on the Registration Form filled out at the time of acceptance of this Terms of Use.

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.

 Customer

 Services rendered

 Applicable rate

 Domestic customers

 All business information reports regardless of subject - Malaysian   or foreign company reports.

 6%

 Foreign customers

 Business information reports pertaining to Malaysian companies.

 6%

 Foreign customers

 Business information reports pertaining to foreign companies.

 0%

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.

6.4 To the fullest extent permissible pursuant to applicable law, aggregated liability of CRIF OMESTI under this Terms of Use, as a result of malicious intentions or gross negligence of CRIF OMESTI in the performance of the Service, will not exceed the fees paid by Subscriber during the 12 months preceding the date upon which the related claim arose.

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.

6.6 This Site may contain third-party links to other sites or resources. CRIF OMESTI has no control over the content or information found outside this Site. CRIF OMESTI shall not take responsibility for any material or resource of a third party that may be accessed through any such links. It is your responsibility to protect your system from viruses, worms, Trojan horses, and other items of a destructive nature. Any transaction that occurs between you and a third party is strictly between you and such third party. CRIF OMESTI has not reviewed and assumes no responsibility for any third-party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from this Terms of Use and/or the Privacy Policy, may also apply to your use of those products, websites or services.

 

7. OBLIGATIONS AND RESPONSIBILITIES OF SUBSCRIBER

7.1 The Subscriber guarantees (i) that to uses the Service exclusively in the context of its business or professional activities; (ii) that the information provided for execution of this Terms of Use are truthful, correct and up-to-date; the violation of this guarantee constitutes cause for the immediate termination of this Terms of Use and gives CRIF OMESTI the right to definitively retain the price paid as a penalty, without prejudice to the right to demand further damages.

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.

7.4 The Subscriber undertakes to keep the User ID and Password provided by CRIF OMESTI in a safe and confidential manner without any unauthorized access and ensure that you log out from your account at the end of each session on the Site; ensure that your account information is accurate and up‑to‑date; the violation of this obligation may result in the automatic termination of this Terms of Use, without prejudice to the right of CRIF OMESTI to definitively retain the amounts already paid by the Subscriber as a penalty, without prejudice to the right to demand further damages. The Subscriber remains responsible for all access to this Site via its User ID and Password, even if not authorized by Subscriber. If Subscriber believes that your Password or other means to access your account has been divulged, lost or stolen, or that an unauthorized person has or may attempt to use this Site with your account, you must immediately notify CRIF OMESTI by sending email to: csc.my@crif.com. CRIF OMESTI will not be liable for any loss or damage arising from unauthorised use of your account or password or your failure to comply with this Section.

7.5 You agree to indemnify, defend and hold harmless CRIF OMESTI and the Information Providers from any and all claims, damages, liabilities, costs, charges, and expenses, including attorneys’ fees, arising out of any breach of this Terms of Use, including any use of the Content which is not expressly authorized under this Terms of Use, including without limitation any violation of copyrights belonging to third parties.

7.6 You hereby indemnify CRIF OMESTI and our affiliates, officers, agents, partners and employees and undertake to keep CRIF OMESTI indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by CRIF OMESTI to a third party in settlement of a claim or dispute) incurred or suffered by CRIF OMESTI arising out of the information you submit, post to or transmit through the Site, your access or use of the Site, your violation of any terms in this Terms of Use or your violation of any rights of another.

7.7 You agree that CRIF OMESTI may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions/request associated with your Account and User ID and/or take any other actions that CRIF OMESTI deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of this Terms of Use, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) behaviour that is harmful to the business interests of CRIF OMESTI. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Service for any reason, CRIF OMESTI may terminate your Account immediately with or without notice.

 

8. TERM AND TERMINATION

8.1 This Terms of Use shall commence on your access to this Site and shall remain in force unless earlier terminated in accordance with the terms and conditions herein.

8.2 CRIF OMESTI is entitled to terminate this Terms of Use immediately by serving written notice (including but not limited to email, registered letter, fax and etc.) if you commit a material breach of any of its obligations under this Terms of Use.

8.3 Termination of the Terms of Use shall not affect any rights, obligations or liabilities of either Party which have accrued before termination or which are intended to continue to have effect beyond 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

10.1 CRIF OMESTI is committed to protecting and respecting your personal data. Please access our Privacy Policy & Cookie Policy at https://company-report.crif.com.my/en/privacy-policy/ and https://company-report.crif.com.my/en/cookie-policy/.  Please review the Privacy Policy & Cookie Policy to understand how CRIF OMESTI collects and uses the User Information.

10.2 By using the Service or providing information on the Site, you:

    1. consent to CRIF OMESTI's collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy and Cookie Policy;
    2. agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and CRIF OMESTI; and
    3. 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. MISCELLANEOUS

11.1 Amendment. CRIF OMESTI reserves its rights, at its full discretion, to change, modify, add, or remove any of the provisions of this Terms of Use at any time. If amendments are made, CRIF OMESTI will post these Terms of Use as amended on this page of Site. Some of the provisions of these Terms of Use may also be superseded by provisions or notices published elsewhere on the Site. Continued use of the Site and Services after any change to these Terms of Use shall be deemed an acceptance by you to have agreed to and be bound by these Terms of Use as amended.

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.

11.3 Governing Law and Dispute Resolution. This Terms of Use is governed by and constructed in accordance with the laws of Malaysia. Any dispute arising out of or in connection with this Terms of Use, including any question regarding its existence, validity or termination, shall, if possible, be decided amicably by mutual discussions. If such dispute cannot be settled within 30 (thirty) days after written notice by one Party to the other, it shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Parties hereby agree that no Party shall be entitled to commence or maintain any action in a court of law in Malaysia upon any matter which has been submitted to arbitration under this Terms of Use until such matter has been determined by the arbitrator and then thereafter only for the enforcement of the arbitration award.

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.

11.5 Severability. If any one or more of the provisions contained in this Terms of Use shall be invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions of this Terms of Use shall not in anyway be affected or impaired, provided that in such a case the Parties agree to negotiate in good faith to replace such invalid, illegal and unenforceable provision with a valid, legal and enforceable provision that achieves, to the greatest lawful extent under this Terms of Use, the economic, business and other purposes of such invalid, illegal or unenforceable provision.

11.6 Language. This Terms of Use is written both in English and Bahasa Malaysia languages. Should there be any contradictions between the English version and the Bahasa Malaysia version, the English version shall prevail and the Bahasa Malaysia version shall be adjusted accordingly. All communications (written and oral), notices and other documents required or desirable are to be given in the English language, unless otherwise so required by law.

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.