TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE APPLYING FOR, ACCEPTING, OR USING E-SAHIH’s CERTIFICATE OR DIGITAL ID (COLLECTIVELY AS “CERTIFICATES”). THIS TERMS OF USE AND OUR PRIVACY NOTICE FORM THE BASIS ON WHICH YOU MAY ACCESS AND USE E-SAHIH SERVICES INCLUDING THE E-SAHIH WEBSITE AND/OR THE E-SAHIH APP. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET OUT HEREIN, DO NOT APPLY FOR, ACCEPT, OR USE THE CERTIFICATES. BY APPLYING FOR, ACCEPTING, OR USING E-SAHIH’S CERTIFICATE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS [“TERMS”/“TERMS OF USE”] CONTAINED IN THIS TERMS OF USE AND OUR PRIVACY POLICY AS STATED IN OUR PRIVACY NOTICE. IF YOU HAVE ANY QUERY ABOUT THE WEBSITE, THE E-SAHIH APP OR THIS TERMS OF USE, YOU CAN CONTACT US BY REFERRING TO THE CONTACT INFORMATION AVAILABLE ON THE E-SAHIH WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD STOP USING THE WEBSITE OR THE E-SAHIH APP IMMEDIATELY. THIS TERMS OF USE READ TOGETHER WITH THE PRIVACY NOTICE SHALL CONSTITUTE A VALID AND BINDING AGREEMENT MADE BETWEEN YOU AND E-SAHIH.
Effective Date:
The agreement between you and E-SAHIH will become effective once you submit the Certificate Application to E-SAHIH.
1. INTRODUCTION AND AGREEMENT
1.1 This website [the "Website"] and/or this mobile application [“E-SAHIH App”] are owned and operated by DBT Technologies Sdn Bhd [hereinafter referred to as “We”, “Us”, “Our”].
1.2 “You/you” shall mean any person who is using E-SAHIH Website, E-SAHIH APP and/or the Certificate.
1.3 This Terms of Use details the terms and conditions in relation to your application [“Certificate Application”] for inter alia a Certificate pursuant to the Digital Signature Act 1997 [“DSA 1997”] provided by Us, and, if We accepts your Certificate Application, the terms and conditions governing the use of the Certificate to be issued by Us to you as a “Subscriber” of that Certificate. A Certificate is a computer-based record digitally signed by Us as the certification authority which identifies Us as the certification authority issuing it, name and identity of you as the Subscriber, your public key, and all information authenticated by or through Us in association with you.
1.4 Information on the Website and/or the E-SAHIH App should NOT be regarded as a substitute for professional, legal, or financial advice.
1.5 We reserve all rights to change any or all of this Terms of Use at any time and we will post the updated and new Terms on this page of the Website and/or E-SAHIH App. Your continued use of the Website and/or E-SAHIH App after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. E-SAHIH may modify, suspend, discontinue or restrict the use of any portion of the Website and/or the E-SAHIH App without notice or liability.
1.6 In this Terms of Use, unless the context otherwise requires, words denoting one gender include all other genders and words denoting the singular include the plural and vice versa; words denoting “persons” shall include any company, partnership, individual person, firm, joint venture, association, corporation, statutory body, unincorporated body of persons, trust, bureau, minister, agency, instrument, court, regulatory body, government or state, any authority or other body corporate and vice versa; any reference to a document shall include references to any sort of document whether paper or paperless and expressed or described on any substance with alphabets, figures, symbols or marks or a combination of them; any reference to a paragraph, sub-clause, clause is to the relevant paragraph, sub-clause, clause to this Terms of Use and any reference to this Terms of Use or any of the provisions hereof includes all amendments and modifications made to this Terms of Use from time to time in force; the headings in this Terms of Use are inserted merely for convenience of reference and shall be ignored in the interpretation and construction of any provisions herein.
2. CONSENT, AUTHORISATION, AND DISCLAIMER
2.1 For the purpose of this Terms of Use – (1) “Financial Institution” shall mean a licensed bank, a licensed investment bank, an approved operator of a payment system, a registered operator of a payment system, an operator of a designated payment system or an approved issuer of a designated payment instrument, as provided in section 131 of the Financial Services Act 2013 [“FSA”]; a licensed Islamic bank, a licensed international Islamic bank, an approved operator of a payment system, an operator of a designated payment system or an approved issuer of a designated Islamic payment instrument, as provided in section 143 of the Islamic Financial Services Act 2013 [“IFSA”]; a development financial institution as provided in section 3 of the Development Financial Institutions Act 2002 [“DFIA”]; and (2) “Datuk Bandar” shall mean Datuk Bandar Kuala Lumpur, a corporation sole established under the Federal Capital Act 1960 and having its office at Menara DBKL 1, Jalan Raja Laut, 50350 Kuala Lumpur, which shall include all departments under its jurisdiction.
2.2 After We receive the required documents and payment from you and upon completion of authentication procedures required for the Certificate you have purchased, We will process your Certificate Application.
2.3 TO ENABLE US TO PROCESS YOUR CERTIFICATE APPLICATION, YOU HEREBY UNEQUIVOCALLY, EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY CONSENT AND AUTHORISE: (I) US TO PROCURE ANY DOCUMENT AND/OR INFORMATION RELATING TO THE AFFAIRS OR ACCOUNT MAINTAINED BY YOU WITH YOUR FINANCIAL INSTITUTION; (II) AND ALLOW YOUR FINANCIAL INSTITUTION TO DISCLOSE TO US ANY DOCUMENT AND/OR INFORMATION RELATING TO YOUR AFFAIRS OR ACCOUNT; (III) US TO DISCLOSE TO DATUK BANDAR ANY DOCUMENT AND/OR INFORMATION RELATING TO YOUR AFFAIRS OR ACCOUNT AS DISCLOSED TO US BY YOUR FINANCIAL INSTITUTION; (IV) DATUK BANDAR TO DISCLOSE TO US AND YOUR FINANCIAL INSTITUTION ANY INFORMATION (INCLUDING ANY LETTER OF AWARD AND/OR LETTER TO START WORK) AND DOCUMENTS IN RELATION TO ANY PROJECT YOU ARE SUBMITTING OR UNDERTAKING WITH DATUK BANDAR INCLUDING ANY TENDER AND LETTER OF OFFER SUBMITTED BY YOU TO DATUK BANDAR AND ALL SUPPORTING DOCUMENTS THEREOF.
2.4 YOU AGREE TO FULLY INDEMNIFY, RELEASE, DEFEND AND HOLD E-SAHIH, YOUR FINANCIAL INSTITUTION, DATUK BANDAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, LIABILITY, LOSS, JUDGMENTS OR OTHER EXPENSE (INCLUDING BUT NOT LIMITED TO, DEFENSE COSTS, EXPENSES AND SOLICITOR-CLIENT FEES) IN RESPECT OF ANY DISCLOSURE OF INFORMATION AND/OR DOCUMENTS PURSUANT TO THIS TERMS OF USE AND/OR RESULTING FROM ANY BREACH OF CONTRACT OR UNLAWFUL OR IMPROPER USE OF THE E-SAHIH SERVICES.
2.5 Depending on the digital signature solution services selected by you, you agree to be bound by and adhere to the application subscription terms and conditions as may be imposed and varied by the relevant licensed certification authority, the Financial Institution, Datuk Bandar, from time to time, and to be bound by all applicable laws including the DSA and all rules and regulations made thereunder.
2.6 You agree that the Website and/or the E-SAHIH App are provided on a reasonable effort basis. We do not represent or warrant in any way that the Website and/or the E-SAHIH App and/or our digital signature solution system and/or any electronic documents available for download will function without interruption, errors, viruses, malwares, spyware or other factors that may damage or interfere with any system or data and/or any information and/or documents we sent to you over the internet are completely secured. We disclaim any and all liability for any loss or damage in connection therewith and we shall not in any event be held liable for any loss or damage as a result of any interruption/suspension of the Website and/or the E-SAHIH App, corruption of data or unavailability of the Website and/or the E-SAHIH App or any part thereof caused by factors which are beyond the control of E-SAHIH.
2.7 You agree that this Terms of Use is made between you and E-SAHIH and is binding on your heirs, administrators, personal representatives and assigns. This Terms of Use shall be governed by and construed in accordance with the laws of Malaysia and subject to the jurisdiction of the courts of Malaysia.
3. PROHIBITED ACTIVITIES
3.1 You shall not engage in any conduct or activities that are prohibited by law, this Terms of Use or the rules and regulations applicable to the E-SAHIH Website, E-SAHIH App and/or the Certificate or are offensive to E-SAHIH or the Digital Signature Act 1997 [“DSA 1997”] and you shall at all times comply with the requirements of this Terms of Use and the rules and regulations governing the use of the E-SAHIH Website, E-SAHIH App and/or the Certificate.
3.2 You shall not misuse the Website and/or the E-SAHIH App and/or the Certificate. You shall not commit or permit the commission of any act which may interfere with, damage, compromise, manipulate or deplete our digital signature solution system or any network used in providing the E-SAHIH Website and/or the E-SAHIH App and/or the Certificate, any computer hardware or software used to operate the digital signature solution system or any network used in providing the E-SAHIH Website and/or the E-SAHIH App and/or the Certificate or any other user's use of the digital signature solution system.
3.3 In addition to any other rights we may have under this Terms of Use, we reserve the right, but shall have no obligation, to investigate your use of the Website and/or the E-SAHIH App and/or the Certificate in order to determine whether a violation of the Terms of Use or any applicable law or regulation has occurred. If we conclude that a violation has occurred, we may take any action that we deem appropriate, including suspending or terminating your access to the E-SAHIH Website and/or the E-SAHIH App and/or the Certificate, with or without notice to you and without liability to E-SAHIH, unless such suspension or termination is illegal.
3.4 We reserve the right to monitor, remove or disable any and all content submitted to the Website and/or the E-SAHIH App and/or the Certificate or posted on the Website and/or the E-SAHIH App and/or the Certificate which we, in our sole discretion, deem to be in violation of the Terms of Use or which is otherwise objectionable to E-SAHIH. In addition to any other rights and remedies available to us, we may, in our sole discretion, take any action we deem appropriate, including without limitation legal proceedings and criminal prosecution, for any violation of this Terms of Use or any illegal or improper use of the E-SAHIH Website and/or the E-SAHIH App and/or the Certificate.
3.5 E-SAHIH will not be liable for any damages of any kind, including without limitation direct, incidental, or consequential damages (including, but not limited to, damages for loss of profits, business interruption, or loss of programs or information) arising out of the use of or inability to use the E-SAHIH Website and/or the E-SAHIH App and/or the Certificate, or any information provided on the E-SAHIH Website and/or the E-SAHIH App and/or the Certificate, or for any other reason whatsoever, even if E-SAHIH has been advised of the possibility of such damages.
4. OTHER
4.1 You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the E-SAHIH Website and/or the E-SAHIH App and/or the Certificate. If any provision of this Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
4.2 This Terms of Use shall constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, understandings and negotiations, both written and oral, between the parties with respect to the subject matter hereof.
4.3 You may not assign, transfer, or sublicense any or all of your rights or obligations under this Terms of Use without our express prior written consent. Any attempt by you to assign, transfer, or sublicense any rights or obligations under this Terms of Use without our consent is void.
4.4 The provisions of this Terms of Use shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and assigns. No term of this Terms of Use is enforceable by any third party who is not a party to it.