Big Dataworks Sdn Bhd (“BDW”) may change and/or amend these Terms of Service at any time by notifying you of the change and/or amendment by posting a notice on the MYDATA+ Passwordless Website or by e-mail or any other way as BDW deems fit. Unless stated otherwise, any change and/or amendment takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms of Service. By you continuing to access MYDATA+ Passwordless Website and use the Service from the date on which the Terms of Service are changed and/or amended, you agree to be bound by the changed and/or amended terms. Any person you authorize to access the Service on your behalf shall also be subject to these Terms of Service.
If you do not accept these Terms of Service, please immediately discontinue to proceed any further on the MYDATA+ Passwordless Website.
In these terms and conditions, the following expressions shall have the following meanings, unless the context otherwise requires:
You are solely responsible for all activity whilst using the Service and/or MYDATA+ Passwordless Website. Your use of the Service and/or MYDATA+ Passwordless Website Your use of the Service and/or MYDATA+ Passwordless Website is subject to your agreement to be bound by and to comply with these Terms of Service.
You are responsible for ensuing that the information you provide is accurate, complete, and not misleading and is kept up to date.
Where applicable, it may be possible for you to access via certain areas of MYDATA+ Passwordless Website or via other websites operated by BDW to which MYDATA+ Passwordless Website is linked in order for you to subscribe and/or purchase the Service. Such subscription and/or purchase may be subject to separate terms and conditions and may require you to register with BDW or a third party, where it may involve fees (such as document or airtime charges). You must provide and are responsible for all equipment necessary to access the Service.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including new releases, shall be subject to these or other applicable terms and conditions. You also understand and acknowledge that we may modify, terminate, suspend, or otherwise adjust any and all functions, features, options, utilities, tools or other aspects of the Service at any time without prior notice to you.
All intellectual property rights in all the materials contained in the MYDATA+ Passwordless Website, the software, and products available for download from the MYDATA+ Passwordless Website and the Content including but not limited to trademarks, trade names, logos, copyright, and database right belong to BDW. You may access and view the Content and may retrieve and display Content from the MYDATA+ Passwordless Website on a computer screen and/or print individual pages on paper and/or make a reasonable number of photocopies and/or store such Content in electronic form on your computer/s local hard-disk for your personal, non-commercial use only.
Without prejudice to the above, you agree not to reproduce, display, copy, distribute, publish, use or otherwise provide access to the Service or Content on another website or server, including but not limited to, through framing, mirroring, linking, spidering, scraping or any other technologies means (including any technology available in the future), without the prior written permissions of BDW. No part of these Content and material may be copied, distributed, reproduced, published, or used without BDW prior written consent.
Each of the Parties warrante to the other that:
You are solely responsible for any and all consequences resulting from your use or misuse of the Service available on the MYDATA+ Passwordless Website. BDW shall not be liable or responsible to you and / or to any other third party(s) for any costs, loss, or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the Service.
You shall be responsible for all losses and payments (including the amount of any transaction carried out without your authority) due to your negligence or where you have acted fraudulently. For the purposes of this clause, negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms of Service.
Whenever applicable, you shall pay the charges corresponding to the use of the Service to BDW in accordance with these Terms of Service. All amounts stated in or in relation to the Service and these Terms of Service are, unless the context requires otherwise stated, subject to Sales and Service Tax (SST) and/or any other applicable tax (as the case may be).
The currency exchange rates provided on this portal are for general informational purposes only. While BDW strives to ensure the accuracy and timeliness of the information presented, exchange rates are subject to fluctuation and may not reflect the most current rates available at the time of transaction.
BDW makes no representations or warranties as to the accuracy, completeness, or reliability of the exchange rate information displayed, and disclaims any liability for losses or damages incurred as a result of reliance on such information. You are strongly advised to verify current exchange rates with an official source or licensed financial institution before making any financial or investment decisions.
By using the MYDATA+ Passwordless Website, you acknowledge and accept the terms of this disclaimer.
Notwithstanding anything in these Terms of Service, BDW shall be entitled to immediately to suspend and/or terminate your access to the Service, where applicable:
BDW will endeavour to resume the Service as soon as possible in the event the suspension occurs due to the circumstances as stated at (d) and (e) above. You shall be liable for all applicable charges during the period of interruption or suspension of the Service or part thereof from any cause whatsoever.
Termination shall be without prejudive to any existing rights and/or claims that BDW may have against you, and you shall continue to fulfil your obligations including payment of all outstanding charges prior to the date of termination.
In the event of any suspension of the Service, BDW may at its absolute discretion reconnect the Service, subject to you paying all outstanding amount due therein to BDW
BDW also shall not in any way be liable to reimburse you any damages, cost, loss or expenses suffered as a result of the suspension and/or terination of the Service.
"Force Majeure Event" means any physical event or circumstance beyond the control of a Party which prevents that Party from performing its obligations under these Terms of Service or uncontrollable events which make it impracticable or commercially unreasonable for the Party affected by such events to perform under the terms of these Terms of Service, which events shall include but is not limited to acts of God, pandemic, epidemic, acts of war, invasion, act of foreign enemy, hostilities, warlike operations, civil disobedience, rebellion, insurrection, military or usurped power or confiscation by order of any Government or public authority, terrorism or threat of terrorism, military call-ups and other situation or crisis, mutiny, riots, mobilisation, unusual or unexpected shortage of labour, labour lockouts, strikes or other industrial actions, sabotage, action or intervention of authorities, boycott, unexpected change in weather conditions, damage caused by thunderstorm, flood, hurricane, typhoon, earthquake, tornado, cyclone, volcanic eruption or other natural disaster, disturbance in electric supply, or scarcity of transport equipment or fuel. For avoidance of doubt, an act of terrorism means an act, including but not limited to the use of force or violence and/or threat thereof, any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government (s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public in fear. For avoidance of doubt, a Force Majeure Event shall not include any event or circumstance which may be avoided by an act or omission of a Party hereto.
Neither party shall be liable to the other in respect of the performance of obligations under these Terms of Service upon occurrence of any Force Majeure Event. However, a party whose performance of its obligation under these Terms of Service are affected by a Force Majeure Event must take reasonable steps to mitigate the effected of the Force Majeure Event.
Upon the termination of these Terms of Service, all of the provisions of these Terms of Service shall cease to have effect, save and except the provisions that stated otherwise shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely). This provision is without prejudice to BDW’s rights and remedies under these Terms of Service or at law.
BDW shall not be liable or responsible in any manner of whatsoever nature for any loss or damage suffered by you or any other person as a result of using the Content of any information or data thereof including the damage or loss of data caused by virus or any other similar programmers.
BDW shall not be liable for, and you agree to fully indemnify BDW against all claims, losses, liabilities, proceedings, demands, costs, and expenses (including legal fees) which may result or which we may sustain in connection with or arising from the provision of the Service to you.
BDW shall not be liable for any costs, loss, or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the Service or for whatsoever reason under these Terms of Service.
Notwithstanding with anything to the contrary contained in these Terms of Service, the maximum liability of BDW shall not exceed in aggregate the sum of Ringgit Malaysia Three Thousand (RM 3, 000.00) only.
You agree to fully indemnify and hold BDW harmless, its affiliates, officers, employees, directors, owners, agents, service providers, information providers, licensors and licensees, successors, and assigns (collectively, the "Indemnitees") from and against any claim, action, proceeding, demand, loss, damage, cost, or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from:
You shall cooperate as fully as reasonably required in the defence of any such claim, action or proceeding. BDW reserves the right, at its own expense, to assume the exclusive defence and control of any claim or matter subject to indemnification by you. This clause shall survive the termination or expiration of these Terms of Service (howsoever caused).
All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property ("Intellectual Property”) displayed in the MYDATA+ Passwordless Website are the property of BDW and where applicable, third-party proprietors identified in the MYDATA+ Passwordless Website. No right or licence is granted directly or indirectly to any party accessing the MYDATA+ Passwordless Website to use or reproduce any Intellectual Property, and no party accessing the MYDATA+ Passwordless Website shall claim any right, title or interest therein. By using or accessing the Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service, the MYDATA+ Passwordless Website and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Service, the MYDATA+ Passwordless Website or its Content.
All Intellectual Property Rights in, the Service, the MYDATA+ Passwordless Website, and all underlying systems is and remains BDW property (and BDW licensors’ property). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights. Nothing in these Terms of Service shall operate to assign or transfer any Intellectual Property Rights or database content from BDW to you.
For the purpose of this clause, “Confidential Information” means all proprietary non-public and confidential or personal data of the Parties or information which the Parties may have access to, or which may have come to the knowledge of the Parties and/or pursuant to these Terms of Service and/or any information in respect of the security arrangements between BDW and you under these Terms of Service. Your Confidential Information shall not include information which:
You covenant with BDW that you shall keep all of BDW’s Confidential Information (if any), in confidentiality and shall not divulge or disclose BDW’s Confidential Information for its or any third party’s undue benefit. This confidentiality obligation shall survive notwithstanding any lawful termination of these Terms of Service.
You hereby irrevocably and unconditionally acknowledge and agrees that you shall not use any information or content or any parts thereof (whether in its original or adapted form) received as part of the Service, for purposes of creation of any commercial products, whether tradable or otherwise including but is not limited to, any derivative products whether for your own purposes or for the purposes of any third party.
If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this notice, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy.
These Terms of Service shall be governed by, and construed in accordance with, the laws of Malaysia and the Parties irrevocably submit to the non-exclusive jurisdictions of the Courts of Malaysia.
By providing your personal data or obtaining the Service, you hereby acknowledge, agree and consent that BDW and/or SSM shall be entitled to collect, record, hold, store, use and disclose your personal information for purposes which are necessary or related to the provision of Service by BDW according to BDW’s Privacy Policy and the Personal Data Protection Act 2010 (“PDPA”).
You warrant to BDW that your data when used by BDW in accordance with these Terms of Service will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute, or regulation, in any jurisdiction and under any applicable law.
BDW also encourage you to read BDW’s Personal Data Protection Act 2010 Notice at PDPA Notice for a better understanding the manner in which BDW will use your personal data and your rights over your data.
BDW endeavours to take all reasonable steps to protect your personal information. All the data collected by BDW are stored in a secure server. The secure server software encrypts all information you input before it is sent to BDW.
All practical steps will be taken to ensure that personal data will not be kept longer than necessary and that BDW will comply with all relevant statutory and regulatory requirements in Malaysia concerning the retention of personally identifiable information.
For security purposes and to ensure that MYDATA+ Passwordless Website of remains available to you, BDW use a special software program for monitoring all the access into different functions of the website and identify any unauthorized attempts to access, upload or change information, or otherwise to cause damage to BDW’s server system. These programs collect no information that directly identify individuals, but they do collect information that could help BDW identifies someone attempting to tamper with MYDATA+ Passwordless Website.
If you use MYDATA+ Passwordless Website, you should take note that all activities may be monitored and recorded. By using MYDATA+ Passwordless Website, you expressly consent to such monitoring and recording.
If you decide to send BDW an e-mail, in which you may include some specific personally-identifying information or Confidential Information in your e-mail because you want BDW to address issues specific to your situation, BDW may use that information in responding to your request. Anyhow, e-mail is not totally secured against interception. Please send only information necessary to help BDW to process your request.
You expressly agree that the use of the Service and MYDATA+ Passwordless Website are at your own sole risk. Neither of you and BDW, its affiliates nor any of their respective employees, representatives, agents or third parties content providers warrant that MYDATA+ Passwordless Website will be uninterrupted or error free; nor do you and BDW make any warranty as to the results that may be obtained from the use of MYDATA+ Passwordless Website, or as to the timeliness, sequence, accuracy, reliability, or completeness on content of any information or service provided. Additionally, there are no warranties as to the results obtained from the use of the information. passwordless.mydataplus.com.my
The materials and information in MYDATA+ Passwordless Website, including but not limited to the Service, information, data, text, graphics, audio, video, links, or other items, are provided by BDW on an “as is” and “as available” basis. BDW makes no express or implied warranties, representations, or endorsements, including but not limited to warranties of title, non-infringement, merchantability, usefulness, operation, completeness, timeliness, accuracy, satisfactory quality, reliability, or fitness for a particular purpose with respect to the MYDATA+ Passwordless Website or any materials, information, and/or functionalities therein. BDW expressly disclaims any liability for any errors or omissions in such materials, information, and/or functionalities.
This disclaimer of liability extends to any damages or injury caused by, among other things, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of records, whether arising from breach of contract, negligence, or any other cause of action. By using the MYDATA+ Passwordless Website, you expressly acknowledge that BDW shall not be held liable for any defamatory, offensive, or illegal conduct by you or any third party connected to you, and that the entire risk of harm or injury arising from any of the foregoing lies solely with you.
Should you also have any questions or feedback concerning the Privacy Policy & Terms of Service, please do not hesitate to contact BDW at the specified contact details as below:
Big Dataworks Sdn Bhd
Address: The Warehouse 2nd Tier, Wisma Commerce Dot Com, No.15 Jalan Tandang, 46050 Petaling Jaya, Selangor
E-mail: [email protected]