The following terms and conditions are applicable to users who are registered with the CTOS BASIS website. CTOS BASIS SDN BHD (“CTOS”) supplies credit reporting and other data reporting services (“Services”) through the CTOS BASIS website, an internet online database that is solely owned by CTOS BASIS SDN BHD.By using the CTOS BASIS website, you are agreeing to be bound by and to comply with all the terms stated in this Subscriber Agreement. This Subscriber Agreement is drafted in compliance with the Credit Reporting Agencies Act 2010 (Act 710), Section 26(3)(d) as indicated in Fourth Schedule.
1. TERMINOLOGY
1.1 “CTOS BASIS” covers all online information from the database available at the internet web site at http://www.ctosbasis.com.my
1.2 “Member” means subscriber or user who has registered or has access to CTOS BASIS website.
1.3 “Customer” means any person who is applying for credit from, or who has been granted credit by, a credit provider and who is the subject of the credit information.
2. OBLIGATIONS OF CTOS
2.1 CTOS shall provide both online and update credit reporting services and other CTOS’ services via the CTOS BASIS website to its members.
2.2 CTOS shall issue the Member ID & Password to the Member upon the approval of Members’ registration.
2.3 CTOS shall ensure that CTOS BASIS website is accessible by the Members on a 24 hour and 7 days a week basis, except for system maintenance and events that are beyond CTOS’ control, such as but not limited to natural disasters, riots, military coups and ISP/National Telecom technical faults.
2.4 CTOS will take all the necessary precautions to ensure that all data are protected against any loss or damage and unauthorized access or use. CTOS may from time to time deactivate or suspend the Member’s access to the CTOS BASIS website without notice and without liability in order to carry out system maintenance, upgrading, testing, repairs and other related works. CTOS shall not be liable for any loss and damage, costs and expenses that Member may suffer or incur and no fees payable by the Member to CTOS shall be deducted, refunded or rebated.
2.5 CTOS may add or withdraw products or services to or from CTOS BASIS website from time to time or change the pricing as and when it is appropriate. CTOS shall keep Members informed of price changes.
2.6 CTOS does not warrant that the Services provided in respect of the CTOS BASIS website will be uninterrupted, error free or virus free. Under no circumstances shall CTOS be liable for any direct or indirect damage that may in any way result from the use of Services by Members provided by the CTOS BASIS website.
2.7 CTOS shall notify the Customer as to whom CTOS discloses or may disclose the Customer’s credit information.
2.8 Where CTOS collects credit information directly or indirectly from the Customer for disclosure to a Member, CTOS shall inform the Customer of the purposes for which CTOS is collecting the credit information and the purposes for which the credit information will be further processed.
2.9 CTOS shall not disclose credit information to the Member without taking such steps as are, in the circumstances, reasonable to ensure that the credit information is accurate, up-to-date, complete, relevant, and not misleading.
2.10 CTOS shall, as soon as reasonably practicable, update any credit previously disclosed to the Member and ensure that the credit information remains accurate, up-to-date, complete, relevant, and not misleading.
2.11 CTOS shall issue automatically generated invoice(s) for the amount payable by the Member on the first (1st) day of every month.
3. OBLIGATIONS OF MEMBERS
3.1 Member shall complete the registration form and inform CTOS of its authorized username and email address to whom the Member ID and Password will be allocated.
3.2 Member shall be responsible for all the charges incurred by any authorized user while accessing the CTOS BASIS website.
3.3 If the Member has opted for the package with prepayment in advance of service, then the Member shall purchase a minimum of ten (10) reports (“Minimum Purchase”) within a twelve (12) month cycle period commencing from the date when each prepayment is made. Should the Member fail to meet the Minimum Purchase, CTOS will issue a thirty (30) days notice period for the Member to make the Minimum Purchase failing which the prepayment shall be forfeited absolutely by CTOS.
3.4 All payments made by the Member shall be non- refundable.
3.5 Member shall pay all usage charges of the CTOS BASIS website and the Services, according to the stated pricing under the “Pricing” tab, under the “MyProfile” menu on the CTOS Basis platform at https://info.ctosbasis.com.my/ link.
3.6 The Member shall pay CTOS sums due under undisputed invoices within thirty (30) days from date of receipt of CTOS’ invoice. Any bona fide disputes in respect of CTOS’s invoices must be communicated to CTOS within thirty (30) days from date of receipt of the invoices. CTOS may withhold or suspend Member’s access to CTOS BASIS website if the Member delays in paying CTOS sums due under undisputed invoices within thirty (30) days from receipt of the undisputed invoice and with no reasonable justification provided for the delay.
3.7 Member shall be responsible for the maintenance and confidentiality of the login id and password, and all activities and transmission performed using the login id. Member shall notify CTOS when any authorized user name needs to be cancelled for whatever reason.
3.8 In the event of theft or loss of login Member ID or Password, Member must notify CTOS immediately by way of a written notice. Member shall remain liable and will be billed for the use of the CTOS BASIS website by any third party until such theft or loss is notified to CTOS.
3.9 Member shall immediately notify CTOS of any unauthorized use of Member’s login id or any other breach of security known to the Member.
3.10 Member shall not permit any other users except the authorized user to assess the CTOS BASIS website.
3.11 Member shall not post or transmit any information or software which contains virus or other harmful components into the CTOS BASIS website.
3.12 Member shall not use the CTOS BASIS website for any unlawful purpose including but not limited to criminal purposes.
3.13 Member shall not violate or attempt to violate the security of the CTOS BASIS website.
3.14 The Member undertakes that it shall take all necessary steps to maintain the utmost security and confidentiality of credit information obtained or communicated, documents prepared and records kept, whether obtained from CTOS or otherwise, and any other matter undertaken in connection with this Subscriber Agreement, whether before the effective date of this Subscriber Agreement, during the period of this Subscriber Agreement or after the expiry or termination of this Subscriber Agreement.
3.15 The Member undertakes that it shall take such steps that are necessary to ensure that its employees, agents or any other person that may have access to the confidential credit information do not disclose or use the same other than in accordance with this Subscriber Agreement.
3.16 The Member shall promptly cooperate with CTOS in its effort to investigate and resolve complaints and correction requests of credit information.
3.17 The Member shall in order to safeguard the credit information held by it against unauthorized or improper access, use, modification or disclosure take appropriate measure, including the following:
(a) to develop written policies and procedures to be followed by its employees, agents and contractors;
(b) to establish controls, including-
i. the use of passwords, credential tokens, digital signatures or other mechanisms; &
ii. user identification;
(c) to provide information and training to ensure compliance with the policies, procedures and controls;
(d) to monitor usage and regularly check compliance with the policies, procedures and controls;
(e) to take appropriate action in relation to identified breaches of the policies, procedures and controls; and
(f) to maintain logs of all accesses, amendments and audit trails to the credit information provided to it by CTOS.
3.18 The Member shall procure the subject’s consent for the purposes of CTOS’ disclosure of the subject’s credit report to the Member (including CTOS’ processing of subject’s information obtained from the Member and the Member’s disclosure of subject’s information to CTOS, where applicable).
3.19 The failure of the subject to provide such consent to CTOS shall not be deemed by the Member to be an event of default, non- performance or breach of this Subscriber Agreement on the part of CTOS.
3.20 The Member shall procure the consent of the subject (i) by instructing and directing the subject to provide its consent to CTOS or other relevant person to whom such consent is to be provided, or (ii) by procuring such consent of the subject in favour of CTOS or other relevant person and then delivering such consent to CTOS or the relevant person.
3.21 Notwithstanding the subject’s consent being given and received by CTOS, the Member acknowledges that CTOS may withhold or not provide any report requested by the Member as mandated by the applicable laws. For the avoidance of doubt, the Member shall not be required to pay any fees in respect of any such report which is requested but not provided.
3.22 The Member hereby declares that it has the required consent forms, documentation in place to satisfy the periodic audit requirements by CTOS.
3.23 The Member shall provide proof of subject consent as requested by CTOS for the purpose of compliance audit.
4. DISCLAIMER OF WARRANTIES
4.1 CTOS disclaims any and all responsibility or liability for the accuracy, timeliness, content, completeness, legality, reliability, or operability or availability of credit information or other information or material provided in the CTOS BASIS website. CTOS also disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any credit information or other information or report.
4.2 The credit information provided through the CTOS BASIS website is provided based on information made available to CTOS from third party sources at the time of reporting. Thus, neither CTOS nor its employees nor any third parties may make any representations or warranties that the information provided is reliable, accurate or complete or that Member’s access to that information will be uninterrupted, timely or secure. Neither CTOS nor its employees nor any third parties will be liable for any loss resulting from any action taken or reliance made by Members on information obtained through the CTOS BASIS website. CTOS does not accept responsibility for any loss, damage, however caused (including through negligence), which Member may directly or indirectly suffer in connection with the use of the Services from the CTOS BASIS website or any linked web site.
4.3 Member expressly acknowledges and agrees that access and use of the CTOS BASIS website is provided on an “as available” basis and that its use of information is at its sole risk. CTOS expressly disclaim, to the extent permitted by law, all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
4.4 CTOS makes no warranty that (i) the CTOS BASIS website and Services will meet Member’s requirements, (ii) the CTOS BASIS website and Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the CTOS BASIS website and Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by Member through the CTOS BASIS website and Services will meet expectations, and (v) any errors in the CTOS BASIS website will be corrected.
4.5 Any material downloaded or otherwise obtained through the use of the CTOS BASIS website and Services is done at Member’s own discretion and risk and that Member will be solely responsible for any damage to Members computer system or loss of data resulting from the download of any such material.
4.6 No information, whether oral or written, obtained by you from CTOS or through or from the CTOS BASIS website and Services shall create any warranty not expressly stated in these terms and conditions.
5. LIMITATIONS OF LIABILITY
5.1 CTOS shall not be liable to the Member nor to anyone else for any direct, indirect, consequential or incidental loss, costs or damages nor any special or punitive damages or injury caused in whole or in part by CTOS’ negligence or contingencies beyond its reasonable control in procuring, compiling, interpreting, editing, reporting or delivering any information through the CTOS BASIS website. In no event will CTOS be liable to the Member for any direct, indirect, consequential, incidental, special or punitive damages including any loss of profits, or for any third-party claim of any nature whatsoever arising as a result of use by the Members of the CTOS BASIS website and Services.
5.2 No action, regardless of form, arising out of or pertaining to this Subscriber Agreement may be brought by Member. The Member further acknowledges and agrees that the CTOS may, at its absolute discretion and at any time, amend or remove, without notice to the Member, any information from the CTOS BASIS website and change any functionality to the CTOS BASIS website provided that any such change does not materially affect Member’s use and access to the CTOS BASIS website.
6. INDEMNITY
6.1 Member will indemnify and hold harmless CTOS and its employees, partners or agents from and against any losses, claims, demands, damages, expenses or liabilities (directly or indirectly) arising from Member’s use and access of the CTOS BASIS website and its Services.
7. TERMINATION
7.1 The access of the CTOS BASIS website may be terminated at any time by CTOS without notice if the Member has breached any of the terms and conditions of this Subscriber Agreement or Member has provided any false or incomplete information to CTOS.
7.2 Notwithstanding the foregoing, either party may terminate this Subscriber Agreement by providing two (2) months’ prior written notice to the other party.
8. BUSINESS ETHICS, ANTI-BRIBERY AND CORRUPTION
8.1 Each Party represents and warrants to the other Party that it is in compliance with all the relevant laws governing its business and operation, including all , and will remain in compliance with all such laws during the term of this Agreement.
8.2 Each Party undertakes that it has its own policy and adequate procedure to prevent bribery and corruption. Client and Vendor acknowledges and agrees to comply with CTOS Group’s Anti-Bribery and Corruption Policy on CTOS’s website (https://ctosdigital.com) as updated from time to time, which outlines the standards of behaviour, responsibility and obligation expected by CTOS.
8.3 Each Party undertakes that neither it nor anyone acting on its direction or authority shall, whether before, during or after the term of this Agreement, directly or indirectly, give or offer, or agree to give or offer, any Gratification in relation to this Agreement as an inducement or reward to any director, officer or employee of other Party or any other person, for doing or forbearing from doing or for having done or forborne from doing any act, or for showing or for bearing from showing favour or disfavour to any person, in relation to this Agreement.
8.4 Each Party shall as soon as reasonably possible, in writing or orally, inform any of the officer of the other Party involved in the Agreement, upon having knowledge of any director, officer or employee of the other Party, directly or indirectly, asking for or receiving from either Party, any Gratification in relation to this Agreement whether for his own personal benefit or advantage or of the benefit or advantage of any other person, in relation to this Agreement, whether before, during or after the term of the Agreement.
8.5 Each Party shall also whistle-blow in the event of any malpractice or wrong-doing by its staff or employees toward them or their staff, agents or contractors.
8.6 In the event there is evidence that either Party or anyone acting under its direction or authority is in breach of clause herein, the other Party may terminate this Agreement (without prejudice to the other Party’s other rights remedies under the law) by giving written notice to such Party.
8.7 Each Party undertakes that it will fully cooperate with any ethics or compliance investigations including but not limited to right to access to records when there are possible violations of any anti-corruption and anti-bribery laws / regulation / directive that arise in connection with this Agreement.
8.8 ‘Gratification’ includes any gift, money, property or thing of value or any service, favour or other thing of value, or any service, favour or other intangible benefit or consideration of any kind, or any other similar advantage.
9. GENERAL
9.1 These Terms and Conditions govern Member’s use of the CTOS BASIS website and Services. Member may be subject to additional terms and conditions that apply when Member use the Services of CTOS’ related companies, affiliates or other services provided by CTOS.
9.2 CTOS accepts no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond CTOS’ reasonable control.
9.3 The Member may not, assign in whole or in part, any of its rights, interest or benefit whatsoever under this Subscriber Agreement to any person or persons. CTOS shall have the right to assign in whole or in part, any of its rights, interest or benefit whatsoever under this Subscriber Agreement to any person or persons.
9.4 No amendments to this Subscriber Agreement or waiver of any rights hereunder shall be effective unless in writing and signed by both parties hereto.
9.5 This Subscriber Agreement shall be governed by the laws of Malaysia. If any term of this Subscriber Agreement is unlawful and unenforceable, it will be severed from this Subscriber Agreement and the rest of this Subscriber Agreement remains in force.
We have read and understand the above Terms & Conditions of this Subscriber Agreement. We accept and agreed to abide to all the Terms & Conditions in this Subscriber Agreement. |