TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOU SHOULD NOT REGISTER FOR A EMICRO ACCOUNT OR YOU SHOULD IMMEDIATELY CEASE YOUR USE OF EMICRO IF AT ANY TIME YOU DISAGREE WITH ANY OF THE TERMS OF SERVICE HEREIN. YOUR REGISTRATION AND/OR CONTINUED USE OF EMICRO SHALL MEAN THAT YOU UNDERSTAND, ACCEPT AND AGREE TO BE GOVERNED BY ALL OF EMICRO ’S TERMS AND CONDITIONS OF SERVICE. YOU MUST BE AT LEAST 21 YEARS OF AGE TO REGISTER A EMICRO ACCOUNT. PREAMBLE
The term "Emicro" as used in these terms and conditions refers to Emicro Services Sdn. Bhd. The Emicro services are provided by Emicro Services Sdn. Bhd. (1140300-D), Licensed Moneylender by Ministry of Housing and Local Government "KPKT" (Licence No.WL5789/14/01-7/210820) . These Terms of Service shall govern your access to and/or use of Emicro . As long as you abide by these Terms of Service, you may use the Emicro services in accordance with the terms hereof. We reserve the right to amend, modify, add or remove any provisions under these Terms of Service at any time as we deem necessary. Changes shall become effective immediately upon upload and publication by us on this site. Your continued use of Emicro shall constitute your acceptance of the prevailing Terms of Service including any term which may have been amended from time to time. You are responsible to regularly check these Terms of Service for updates or amendments.
By registering for an account, you warrant and represent that you have attained 21 years of age or above.
You represent and warrant that all information provided to us towards your Emicro account is true, accurate and complete, and you agree to provide us with up-to-date information of yourself including such identification, verification or other documentation as We or other lawful authorities may request from time to time. We have the right to reject your application for a Emicro account without the need to provide any reason.
You are responsible for maintaining the security of your log-in details, passcode and other information in relation to your Emicro account
We reserve the right without liability to you to suspend, modify or discontinue, temporarily or permanently, the Emicro services or any feature or part thereof, at our absolute discretion.
We may suspend your Emicro account without liability whatsoever to you, with or without notice, for purposes including but not limited to: (a) system maintenance; (b) suspicious activities; (c) at the request of KPKT or other lawful Authorities; (d) compliance checks and audits; or (f) such other reason as we deem prudent or necessary. If this occurs, you accept that you will not be able to effect transactions through Emicro and you agree not to hold us liable in any way for any interruption. We may also terminate or close your account with us at any time in accordance with these Terms of Service.
a.Mechanics of Financing
The Loan is an unsecured financing loan.
Loan Amount shall be the Principal Sum of the Loan approved by Emicro and notified to the Customer in writing and/or in any manner as Emicro deems fit, which sum shall not exceed the sum applied for.
The interest for a secured loan shall not exceed 12% per annum and the interest for an unsecured loan shall not 18% per annum
d.Disbursement of Facility
Emicro shall disburse the Loan Amount to the Customer, after deducting all fees and charges as identified in the Mobile Application/Website.
The Customer shall adhere to the repayment amount and payment due date as stated in the Schedule J MoneyLending Agreement (Unsecured Loan) entered between the Customer and Emicro.
f. Late Payment Penalty Charges
If any portion of the principal or interest under MoneyLending Agreement not be paid within seven (7) days of when it is due, Emicro will charges a late payment penalty RM25 for financing amount between RM500 to RM10,000.
g.Events of Defaults
If default is made in the repayment upon the due date of any sum of instalment payable to the Emicro under MoneyLending Agreement, whether in respect of principal or interest, Emicro shall be entitled to charge simple interest on the unpaid sum of instalment which shall be calculated at the rate of 8% per Annum h. Early Settlement
The Customer may settle the outstanding balance sum by paying to Emicro the outstanding Balance Sum without the early settlement penalty charges
AMENDMENTS OF TERMS OF SERVICES
The use of the Loan is subject to the terms and conditions herein contained. Emicro reserves the right at any time and by giving thirty (30) calendar days notice, prior or otherwise to the Customer to add, alter, delete, modify, change or vary all or any of those terms and conditions stated herein. The communication of such variations may take any form, and may be given via letter to the Customer or via Emicro’s website or any other manner as Emicro deems fit.
TELEPHONE MONITORING & RECORDING
Emicro is entitled to monitor and record for its own purposes, any call(s) made with the Customer at Emicro’s absolute discretion without notice to or further approval from the Customer. The Customer agrees that Emicro shall be entitled to use such recordings and transcripts thereof as evidence in any disputes.
The Customer shall hold Emicro harmless and indemnify Emicro against any liability for loss,damage, costs and expenses (legal or otherwise including costs on a solicitor and client basis) which Emicro may incur by reason of the provisions herein or in the enforcement of its rights hereunder.
LAW AND JUSRISDICTION
These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this Website/Mobile App and/or using the services provided herein, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Malaysia in all disputes arising out of or relating to the use of this Website/Mobile App.
Emicro does not make any express or implied representations, warranties or endorsements including but not limited to any warranties of title, usefulness, operation, completeness, currentness, accuracy, satisfactory quality, reliability, non-infringement, fitness for a particular purpose in respect of the Website/Mobile App, the material, information and/or functions therein and expressly disclaims liability for all errors and omissions in such materials, information and/or functions. In addition but not in derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services of Emicro, Emicro warrant that all reasonable measures will be taken to ensure the accuracy and validity of all material and/or information relating to transactions and products of Emicro which originate from Emicro. Emicro does not further warrant or represent that access to this Website/Mobile App, (including its materials, information and/or functions contained therein) will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system/Mobile operating system. Emicro does not warrant the quality, adequacy, completeness, currentness and usefulness of all services, content, advice, opinions and other information as stated herein and you shall be responsible to evaluate the quality, adequacy, completeness, currentness and usefulness of all services, content, advice, opinions and other information obtained or accessible through the Website/Mobile App at your own. Emicro further advise you to seek for independent professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any business or commercial decision based on any such materials or information.
Emicro own the trademarks, trade names, logos and service marks displayed on this website. These may not be used without a written permission. Materials on this Website/Mobile App are protected by copyright. No part of these materials may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, distributed, used for creating derivative works or used in any other way for commercial or public purposes without prior written consent.
EXCLUSION OF LIABILITY
Emicro and/or its partners herein shall in no event be liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this Website/Mobile App, reliance on the information contained in the Website/Mobile App, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise. This exclusion clause shall take effect to the fullest extent permitted by law.
Emicro reserve absolute right to terminate and/or suspend your access to this Website/Mobile App and/or your use of this website/Mobile App at any time, for any reason whatsoever.
Without prejudice to any of the provision of this terms and conditions, the Customer agrees not to hold Emicro liable in the event that Emicro is unable to perform in whole or in part any of its obligations under this Agreement, attributable directly or indirectly to the failure of any mechanical or electronic device, data processing system, transmission line, electrical failure, industrial dispute, and any act beyond Emicro’s control or due to any factor in a nature of a force majeure.