Terms and Conditions (for usage of the Site)

PLEASE READ THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY ACCESSIBLE AT  HTTPS://WWW.PGCREDIT.COM.MY/PRIVACY-POLICY  CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION GOVERNING YOUR ACCESS AND USE OF THIS WEBSITE AND OUR RIGHTS THERETO. BY ACCESSING AND/OR USING THIS WEBSITE, YOU ARE DEEMED TO HAVE CONSENTED AND/OR AGREED THE TERMS AND CONDITIONS SET FORTH HEREIN AS WELL AS THE TERMS AND CONDITIONS IN OUR PRIVACY POLICY. IF YOU HAVE ANY QUESTION(S), PLEASE DO NOT HESITATE TO CONTACT US VIDE OUR CONTACT DETAILS BELOW.

Last updated on 1 Aug 2022

ABOUT THE SITE

PALMGOLD SECURITY SDN. BHD. 198901008394 (185696-P), is a company incorporated under the Companies Act 2016 (hereinafter referred to as “PALMGOLD SECURITY“,”we“,”us” or “our“), and owns the brand name “PG Credit” and the Site (hereinafter defined). We are a licensed money lending company holding Money Lending License No. WA009865 which is valid from 11 Dec 2020 to 10 Dec 2022. We are a web based platform that allows Borrowers (hereinafter collectively referred to as “Borrowers” and each of them as a “Borrower“) who want to borrow funds from us to apply for Lendings (hereinafter collectively referred to as “Lendings” and each of them as a “Lending“) with us online, vide out Site at https://www.pgcredit.com.my and (hereinafter collectively referred to as “Services“). For the avoidance of doubt, the Services provided by Palmgold Security DO NOT constitute the business of banking, and Palmgold Security expressly states that it is not in the business of banking.

DEFINITIONS

In these Terms and Conditions, in addition to the words and expressions defined above, unless there is something in the subject or context inconsistent with such construction or unless it is otherwise expressly provided:

1. “Site” means the website https://www.pgcredit.com.my.
2. “Lending” means a sum of funds that is lent to the borrower in exchange for future repayment of the given value amount with interest computed in accordance with the Moneylenders Act 1951.
3. “Borrower” means a Member who applies for any Lendings through the Site.
4. “Member” means a person who completes PG Credit’s account registration (signup or login) process.
5. “Content” means any texts, graphics, images, music, software, audio, video, information and/or other materials or information and “Contents” shall be construed accordingly.

ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS

1. You hereby acknowledge and irrevocably and unconditionally agree and consent that, by accessing to and/or using the Site, Contents, or the Services in any manner whatsoever including but not limited to accessing, posting, uploading, downloading, publishing, submitting and/or transmitting any Content from or onto the Site, Contents, or for the purpose of the Services, you are deemed to have read, fully understood and unconditionally and irrevocably agreed to comply with and be legally bound by these Terms and Conditions herein and are deemed to have fully consented to our Privacy Policy which is located at https://www.pgcredit.com.my/privacy-policy (which Privacy Policy is incorporated by reference into these Terms and Conditions) whether or not you are a registered user of the Site. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS AND/OR USE THE SITE, CONTENTS, OR SERVICES IN ANY MANNER WHATSOEVER AS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS ARE A PRE-CONDITION TO SUCH ACCESS/UTILIZATION.
2. If you are accessing to and/or using the Site, Contents, or the Services for and on behalf of a company or a separate legal entity, you hereby represent and warrant that you have the irrevocable and unconditional authority from the company or separate legal entity to bind the company or separate legal entity to these Terms and Conditions and “ you” and “your” as referred to in these Terms and Conditions shall jointly and severally refer to and apply to you and/or such company or separate legal entity that you represent and in such event, such company or separate legal entity shall irrevocably and unconditionally comply with and be legally bound by these Terms and Conditions as well. For the avoidance of doubt, this does not exempt or absolve you personally from any of your representations, warranties, covenants, obligations, responsibilities and/or liabilities under these Terms and Conditions.
3. Certain areas of the Site, Contents and/or the Services may have their respective terms and conditions posted and/or may link to a separate website. In the event there are any inconsistencies between the provisions in these Terms and Conditions and the terms and conditions posted for the specific area(s) of the Site, Contents and/or Services and/or in the separate website, the provisions of these Terms and Conditions shall take precedence in respect of your access to and/or use of the Site, Contents and/or Services.

DISCLAIMERS

1. If you choose to access to and/or use the Site, Contents and/or Services, you do so at your OWN RISK. The Site, Contents and Services are provided on an “AS IS” basis and without any further warranty/representations of any kind Palmgold Security, either express or implied. Users of the Site shall not impute any relationship (contractual or otherwise) through the usage of the Site. Any further relationship between parties (if any) shall solely be based on the terms and conditions of the contract/agreement in writing to be signed between Palmgold Security and the respective Borrowers.
2. The information provided on the Site and the Contents DO NOT form a valid and binding contract between Palmgold Security and you. Any information obtained from the Site and the Contents constitute information only for your consideration. Palmgold Security and its directors, officers, employees, associates and affiliates shall NOT BE LIABLE for and shall be EXEMPTED AND ABSOLVED from any and all responsibilities or liabilities, any direct or indirect damages or loss (whether or not incidental in nature), punishment, special or consequential damages or loss arising from or in relation to any access to or use of the Site, Contents and/or Services by you and/or for any other claim that is associated with the Site, Contents and/or Services in any manner whatsoever including but not limited to any loss, damage, claim, dispute or complain of or to the Services and/or or any harm or injury suffered in person resulting from your communication or interactions with other users (including the Members) or any other third parties.
3. Without limiting to the generality of the foregoing, you understand, acknowledge and agree that Palmgold Security only provides the Site as an online platform to access the Services and:
   
   1. that
      
      1. Palmgold Security does not represent or warrant that the Site, Contents and/or Services will meet your requirements or be available on an uninterrupted, secure and error-free basis;
      2. Palmgold Security does not represent or warrant that the Site, Contents or Services will be free from any corruption, attack, viruses, interference, hacking or other security intrusion;
      3. you shall be solely responsible to protect and back-up your computer, mobile phone and any other electronic gadgets against any and all corruption, attack, viruses, interference, hacking or other security intrusion arising from the access to or use of the Site, Contents or Services and you shall be solely responsible thereto without any damages or compensation from Palmgold Security in any manner whatsoever; and
   2. that Contents provided by Palmgold Security (whether oral or written) on the Site and/or in relation to the Services shall only be use as a guide and shall not be binding on Palmgold Security as against you (including the Members)(unless agreed to expressly in writing vide a formal contract between parties) in any manner whatsoever and shall not be deemed as a representation or warranty (whether express or implied) of any kind by Palmgold Security.
   3. that Palmgold Security reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms and Conditions, at any time and without prior notice. By continuing to access or use the Site or Services, you are indicating that you agree to be bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to you, your only recourse is to cease using the Site and Services.

USER’S CONDUCT

You shall at all material times, agree and undertake not to:

1. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Palmgold Security or any of Palmgold Security’s providers or any other third party (including another user), to protect the Site, Contents and Services;
2. use manual or automated software, devices, scripts robots or other means or processes to access, “ scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Contents or Services;
3. use the Site, Contents or Services for any commercial or other purposes that are not expressly permitted by these Terms and Conditions;
4. copy, store or otherwise access any information contained on the Site, Contents or Services for purposes not expressly permitted by these Terms and Conditions;
5. infringe, misappropriate or violate the rights of any person, party or entity, including without limitation their intellectual property, privacy, publicity or contractual rights;
6. interfere with or damage our Site, Contents or Services, including without limitation through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
7. use our Site, Contents or Services to transmit, distribute, post or submit any information concerning any other person, party or entity, including without limitation photographs of others without their permission, personal contact information or bank account numbers;
8. use our Site, Contents or Services in connection with the distribution of unsolicited commercial email, spam mails or advertisements;
9. use automated scripts to collect information or otherwise interact with the Site, Contents or Services;
10. post, upload, publish, submit or transmit any Content that:
    
    1. infringes, misappropriates or violates any law, rule or regulation including but not limited to any infringement, misappropriation or violation of any third party’ s patent, copyright, trademark, trade secret or other intellectual property rights or moral rights or rights of publicity or privacy;
    2. infringes, misappropriates or violates or encourages any conduct that would infringe, misappropriate or violate any applicable law, rule or regulation or would give rise to civil or criminal liability;
    3. is fraudulent, false, misleading or deceptive;
    4. is defamatory, obscene, pornographic, vulgar or offensive;
    5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    6. is violent, threatening, promotes violence or actions that are threatening to any other person, party or entity; or
    7. promotes illegal or harmful activities or substances. Where in Palmgold Security’s absolute discretion, Palmgold Security is of the opinion that any Content is in contravention of this sub-paragraph, Palmgold Security shall remove the same without further notice to you and without incurring any liability whatsoever;
11. systematically retrieve data or other content from our Site, Contents or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders or otherwise;
12. use, display, mirror or frame the Site, Contents or Services or any individual element within the Site, Contents or Services or Palmgold Security’s name or any of Palmgold Security trademark, logo or other proprietary information or the layout and design of any page or form contained on a page of the Site without Palmgold Security’s express written consent;
13. access, tamper with, or use non-public areas of the Site or Palmgold Security’s computer systems or the technical delivery systems of Palmgold Security’s providers;
14. attempt to probe, scan or test the vulnerability of any Palmgold Security system or network or breach any security or authentication measures;
15. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or advocate, encourage, or assist any third party in doing any of the foregoing; and
16. Palmgold Security has the sole and absolute discretion and/or right to:
    
    1. investigate, ban and/or remove any Content;
    2. prosecute any infringements, misappropriations or violations; and/or
    3. take any legal actions of any of the above to the fullest extent of the law. Palmgold Security will involve and cooperate with law enforcement authorities in prosecuting users (including Members) who violate these Terms and Conditions. You understand, acknowledge and agree that Palmgold Security has no obligation whether or not owed to you or to any party to monitor your access to and/or use of the Site, Contents or Services or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site to ensure your compliance with these Terms and Conditions or to comply with any applicable law, rules, regulations and the guidelines, directions and policies of the government and any regulatory or administrative bodies or agencies.

NO ENDORSEMENT BY Palmgold Security OF THIRD PARTY WEBSITES, APPLICATIONS OR RESOURCES

The Site may contain links to third-party websites, applications or resources maintained by such other parties. You understand, acknowledge and agree that Palmgold Security is not responsible or liable for:

1. the availability or accuracy of such websites, applications or resources; or
2. the content, products or services on or available from such websites, applications or resources. Links to such websites, applications or resources do not imply any endorsement by Palmgold Security of such websites, applications or resources or the Content, products or services available from such websites, applications or resources. You shall be solely responsible and liable for all risk arising from your access to and/or use of any such websites, applications or resources or the Content, products or services on or available from such websites, applications or resources.

PG Credit reserves the right, but shall not be obliged to:

1. monitor, screen or otherwise control any activity, content or material on the Site and/or through the Services. Palmgold Security may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;
2. prevent or restrict access of any an authorised user to the Site and/or the Services;
3. report any activity Palmgold Security suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
4. to request any information and data from a user of the Site in connection with the use of the Services and/or access of the Site at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
5. to terminate a member’s account without notice for any reason whatsoever including without limitation, if there is a breach or suspected breach of these terms.
6. Palmgold Security may also use personal information for internal purposes such as auditing, data analysis, and research to improve our services, and customer communications.
7. Palmgold Security may at its absolute discretion decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Palmgold Security may also decline aspects of deletion or access requests if Palmgold Security believes doing so would undermine Palmgold Security’s legitimate use of data for anti-fraud and security purposes or such deletion or access is in violation of any prevailing laws as described earlier.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and the users of the site agree to submit to the jurisdiction of the Courts in Malaysia.

REFUND POLICY

If there has been any overpayment in the monthly repayment, a refund will be effected.