Terms and Conditions
Welcome to the FinSpark website. These Terms and Conditions govern your access of the Platform and use of the Services, as defined under these Terms and Conditions. All references under these Terms and Conditions to “FinSpark”, “we,” “us,” or “our” shall refer to FINSPARK SDN. BHD. and its related entities. By accessing the Platform and/or using the Services, you, the Customer, agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not access and/or use this Platform and/or the Services.
1. DEFINITIONS AND INTERPRETATIONS
- The terminology used in these Terms and Conditions are defined under Schedule 1 appended hereto.
- Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
- Under these Terms and Conditions, whenever the words ‘include’, ‘includes’ or ‘including’ are used, they will be deemed to be followed by the words ‘without limitation’.
- Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words ‘month’ or ‘monthly’ and all references to a number of months shall refer to calendar months.
- Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Conditions.
- In the event of a conflict or inconsistency between any two or more provisions under these Terms and Conditions, such conflict or inconsistency shall be resolved in favour of FinSpark and the provision which is more favourable to FinSpark shall prevail.
2. ACCESS TO THE PLATFORM AND SERVICES
- You agree to :
- access the Platform and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services or the Platform in good faith;
- comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments thereto issued by us from time to time; and
- ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate.
- Access to password protected areas of the Platform and/or use of the Services are restricted to Customers with FinSpark accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information on the Platform, through any means not intentionally made available by us for your specific use.
- If you are below 18 years old you must obtain consent from your parent(s) or legal guardian(s).By consenting to your acceptance of these Terms and Conditions, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) your actions in your access and use of the Platform and/or the Services; (ii) any charges associated with your use of any of the Services; and (iii) your compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must cease accessing the Platform and using the Services.
3. General Use of the Services
3.1 Description of Services
- We provide video content to paid members on our platform
- We also provide text content on websites
- The registration process requires you to provide us with accurate and complete personal information, including your name, address, telephone number, date of birth and email address ("Registration Information") in order to become and continue to be a Customer.
- We may request for additional information or documentation at any time and for any reason, including but not limited to confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with us. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to you, either limit your use of the Services or suspend or close your Customer Account.
- You authorize FinSpark to make any enquiries it considers necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever.
- Each individual is only entitled to open one (1) Customer Account. If you open more than one Customer Account, FinSpark shall contact you to identify your primary Customer Account and FinSpark may, without any liability to you, close any other Customer Account(s) that you may have opened.
- You may be required to have a username and/or password to access the Services or parts thereof and such username and/or password may either be:
- issued to you by FinSpark; or
- created and provided by you.
FinSpark reserves absolute and sole discretion to invalidate any username and/or password assigned or created without providing you with any reason or prior notice and we shall not be liable for any loss, damage or expense suffered by you as a result of such invalidation.
3.3 Account information
- You are required to ensure that all information provided to FinSpark is accurate and up to date. In the event of any change in your information, please notify FinSpark as soon as possible.
- You are solely responsible for keeping your username and password to the Services secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorised use of your username or password. If your username or password has been compromised, you must inform FinSpark immediately.
- Any use of your username or password on the FinSpark website or Platform shall be deemed use of the Services. Any information, data, or communication posted, transmitted, or issued during the period where you are logged in with your username and password (whether authorised or unauthorised) shall be deemed to be posted, transmitted, or issued by you. You will be solely responsible for any such transmission, notice or communication and agree to indemnify and hold harmless FinSpark from any loss, damage, expense, and/or liability for actions attributable to the use of your username and password on the FinSpark website or Platform.
The Services are subjected to charges to our Customers. We are not liable for any fees raised by third parties including, but not limited to, card issuers or banks, for the usage of our services. We reserve the right to decline acceptance of payment instruments, such as credit cards, debit cards or bank accounts, as funding methods at our sole discretion.
3.5 Restricted activities
- In connection with your use of the FinSpark website, Platform, or the Services, or in the course of your interaction with FinSpark, another Customer, a Merchant or any other third party through the FinSpark's website, you must not:
- violate any laws, regulations or third party rights;
- infringe FinSpark's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
- act in a manner that is defamatory, libellous, unlawfully threatening or harassing;
- provide false, fraudulent, inaccurate or misleading information;
- unreasonably refuse to cooperate in an investigation by FinSpark or provide confirmation of your identity or other requested information to FinSpark;
- use an anonymizing proxy;
- control a Customer Account that is linked in any way to another account that has or suspected to be engaged in any restricted activities under these Terms and Conditions;
- use the FinSpark website, your Customer Account or the Services in a manner that results in or may result in complaints, disputes, claims, fines, penalties and other liabilities to FinSpark, another Customer, a Merchant, or third parties;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure or such other action that would pose a material risk or issue to our infrastructure;
- distribute viruses, trojan horses, worms, or other computer programming technologies that may harm the FinSpark website, or the interests or property of any other Customers, Merchants, and any other third parties, including other users on the FinSpark website;
- attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
- distribute or promote obscene, pornographic, indecent or offensive material or any material that goes against any public policy and/or any applicable laws or regulations;
- by way of act or omission, do anything that may cause us to lose any services from our internet service providers, payment processors, or other suppliers;
- interfere with another’s utilization and enjoyment of the Platform or Services;
- circumvent or manipulate our fee structure, billing process, or the fees owed to FinSpark;
- transfer your Customer Account to another third party without our prior written consent;
- use the Services for, or in relation to, any illegal purpose or criminal activity of any nature, including, without limitation, the purchase of illegal downloads;
- use the Services to facilitate any sale or purchase of any goods and/or services which infringe the intellectual property or other proprietary rights of any third party or prohibited goods and/or services; or
- facilitate any illegal or unlawful or fraudulent activity of any nature.
- If we reasonably suspect that you are engaging in any of the restricted activities as set out in clause 3.7A above, we may, without any liability to you, take the following action(s):
- report any suspicious or illegal activity to the relevant authorities;
- cancel or refuse any transactions;
- suspend or close any Customer Accounts;
- apply, at our sole discretion, prevention and detection procedures and refuse the execution of transactions if there are grounds to suspect that a Customer Account is being, or may be, used for illegal, unlawful or fraudulent purposes; or
- take further steps as FinSpark, in its reasonable discretion, may deem necessary, including taking legal action against you.
- If we close your Customer Account, we will provide you with notice of the closure at the earliest time possible.
- In the event of the suspension of your Customer Account, we will inform you of the suspension whenever reasonably possible, and provide you with the opportunity to request for restoration of access if and when appropriate. Any restoration of access shall be at FinSpark's discretion and shall be subject to FinSpark's prevailing policies and procedures.
3.6 Closure of Customer Account
- You may request that FinSpark closes your Customer Account at any time by contacting FinSpark's customer support team. Contact details of the FinSpark customer support team are available on the FinSpark website.
- Closure of your Customer Account will not cancel any cleared transactions which you have already undertaken electronic funds via your Customer Account.
- In the event we close a Customer Account, we will contact the relevant Customer to arrange for the refund of any residual electronic funds in that Customer Account.
- You remain liable for all obligations related to your Customer Account for a period of one hundred and eighty (180) days after the closure. Closure of your Customer Account does not relieve you of any liability pertaining to your Customer Account during this period. In the event of a pending investigation at the time your Customer Account is closed, FinSpark may continue to hold your funds for up to one hundred and eighty (180) days from the date of closure in order to protect FinSpark against, without limitation, any risk of reversals.
- FinSpark may, at any time and at its absolute and sole discretion, discontinue your use of the Customer Account or the Services or any part thereof. FinSpark shall endeavour to provide notice of any such discontinuation of your Customer Account or the Services. You agree that FinSpark shall not be liable to you in relation to any inability of yours to access your Customer Account or the Services or any part thereof.
4. AVAILABILITY OF SERVICES
FinSpark may, from time to time and without giving any reason or prior notice to you, upgrade, modify, suspend or discontinue the provision of, or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
5. PROMOTIONAL ACTIVITIES
5.1 Promotional Campaigns
If you participate in any of our promotional campaigns you are deemed to have also acknowledged and agreed to the terms and conditions of the respective campaign as published online.
5.2 Promotional material and marketing
- You consent to and authorize our use of any information provided by you (including Personal Data) for the purposes of sending information and promotional notifications to via e-mails, phone-calls, SMS, social networks, push notifications, in-app notifications, and communication apps.
- You may subsequently opt-in to receive promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
- To opt out of receiving any promotional or informational notifications at any of the above mentioned communication channels please contact our customer support via phone or e-mail.
We may include hyperlinks to other websites or content on the internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing any such linked websites. Any hyperlinks to any such websites or content do not constitute an endorsement of such websites or content by us and you agree that your access to or use of such linked websites or content is entirely at your own risk.
We may attach banners, java applets and/or such other material to the Platform for the purposes of advertising FinSpark's or our Business Partners’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
6. REPRESENTATIONS AND WARRANTIES
By accepting these Terms and Conditions, you represent and warrant that you are not violating any applicable laws or regulations through your use of the FinSpark website, your Customer Account and/or the Services, and you agree to defend, indemnify and hold FinSpark, its Indemnitees, affiliates and authorized representatives harmless from any claim, demand (including legal fees and costs), fines, penalties or other liability incurred by FinSpark due to or arising out of your breach of this representation and warranty. FinSpark may report any suspicious activity to the relevant authorities.
7. INTELLECTUAL PROPERTY
The Intellectual Property in and to the Platform and the FinSpark Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce our Intellectual Property rights to the fullest extent of the law.
7.2 Restricted use
No part or parts of the Platform, or the FinSpark Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any server, system or equipment without our prior written permission of the relevant copyright owners.
Nothing on the Platform and in these Terms and Conditions shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including, as a meta tag or as a ‘hot’ link to any other website) any trademarks displayed on the FinSpark website and Platform, without our written permission (or that of any other applicable trademark owner, as may be relevant).
7.4 Submissions by you
You grant us a non-exclusive license to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to questions, reviews, comments, and suggestions. When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions you make. We may at our sole discretion publish, remove or edit your submissions.
- A cookie is a small piece of information that is placed on your computer which may track your activity within the Platform.
- enabling certain features and functions on the Platform, including but not limited to remembering your username, browsing preferences, and other Service preferences;
- building up a profile of how you and other users use the FinSpark website;
- improving the efficiency of the Platform;
- administering Services to you and to our advertisers; and
- establishing usage statistics on the Platform.
- Most internet browsers provide you the option of turning off the processing of cookies. You may turn off cookies while browsing the Platform but this may result in the loss of functionality, restrict your use of the Platform and/or delay or affect the way in which it operates.
9. DISCLAIMER AND LIMITATION OF LIABILITY
FinSpark does not warrant that any content on the site, document or feature of the site will be error-free or uninterrupted, or that any defects will be corrected or that your use of the site will provide specific reuslts.
9.2 No representations or warranties
The Services, the Platform and the FinSpark Materials are provided on an ‘as is’ and ‘as available’ basis. All data and/or information contained in the Platform, the Services or the FinSpark Materials are provided for informational purposes only. No representations or warranties of any kind, whether implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the FinSpark Materials. Without prejudice to the generality of the foregoing, we do not warrant:
- the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the FinSpark Materials;
- that the Platform, the Services or that any of the FinSpark Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
- that the Platform, the Services or the FinSpark Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
- the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the internet.
9.3 Exclusion of liability
FinSpark and its Indemnitees shall not be liable to you for any loss, cost, expense (including legal fees and expenses), damage, penalties or settlement sums whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
- any access, use and/or inability to use the Platform or the Services;
- reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
- any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
- any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
9.4 At your own risk
Any misunderstanding, error, damage, expense or loss resulting from the use of the Platform is entirely at your own risk.
10. TERMINATION OF SERVICES
10.1 Termination by us
In our sole and absolute discretion, we may, upon giving you notice at our earliest opportunity, terminate your use of the Platform, Services and/or disable your username and password with immediate effect. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever at our sole discretion, including a breach of any of these Terms and Conditions or where if we believe that you have violated any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the Services.
10.2 Termination by you
You may terminate your use of the Services by giving no less than seven (7) days’ notice in writing to us. Upon receipt of your termination notice, we will regard your notice as a formal request to us to close your Customer Account and the account closure process shall be in accordance with the provisions set out in this Terms and Conditions.
11.1 Notices from us You agree that all notices or other communications from us are deemed to have been given to you if:
- communicated through any print or electronic media as we may select from time to time, will be deemed to be notified to you on the date of publication or broadcast; or
- sent by post or left at your last known address, received by you on the day following such posting or on the day when it was so left.
11.2 Notices from you
You may only give notice to us in writing sent to our designated address or e-mail address (as may be amended from time to time), and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
11.3 Other modes of notifications
Notwithstanding Clauses 12.1 and 12.2, we may from time to time designate other acceptable modes of giving notice (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
12. GENERAL TERMS
12.1 Cumulative rights and remedies
Unless otherwise provided under these Terms and Conditions, the provisions of these Terms and Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy at law or in equity.
12.2 No waiver
Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect our right to later enforce these Terms and Conditions.
If at any time any provision of these Terms and Conditions become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.
12.4 Rights of third parties
A person or entity who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms and Conditions.
12.5 Governing law
Use of the Platform, the Services, and these Terms and Conditions shall be governed by and construed in accordance with Malaysia law and you hereby submit to the exclusive jurisdiction of the Malaysia courts.
12.6 Injunctive relief
We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.
We may, by giving you at least twenty one (21) days’ notice through the Platform, or by such other method of notification as we may designate (which may include notification by way of e-mail), vary these Terms and Conditions, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate your use of the Services. Our right to vary these Terms and Conditions in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these Terms and Conditions.
12.8 Correction of errors
Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
These Terms and Conditions are available in English and Bahasa Malaysia and language in which the Customer accepts these Terms and Conditions will be the effective language of this agreement.
12.10 Entire agreement
These Terms and Conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
12.11 Binding and conclusive
You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us and/or our service providers relating to or in connection with the Platform and/or Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
12.12 Sub-contracting and delegation
We reserve the right to delegate or sub-contract the performance of any of our functions or obligations in connection with the Platform and/or Services to any service provider, subcontractor and/or agent on such terms as we may deem appropriate.
You may not assign your rights under these Terms and Conditions without our prior written consent. We may assign our rights under these Terms and Conditions to any third party at our sole discretion.
12.14 Force Majeure
We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions:
- “Business Partners” means external third party vendors and merchants.
- “Customer” means an authorized user of the Platform and/or the Services.
- “Customer Account” is defined under clause 3 of these Terms and Conditions.
- “Foreign Language Version” is defined under clause 13.9 of these Terms and Conditions.
- “FinSpark Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Platform and the functionalities and/or services provided on the Platform.
- “Indemnitees” means FinSpark’s respective officers, employees, directors, agents, contractors and assigns.
- “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits,privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
- “Personal Data” means data which can be used to identify, contact or locate an individual. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. Personal Data shall be deemed to include any data that you have provided to us when using the Services, regardless of whether you have an account with us.
- “Platform” means (a) both the web and mobile versions of the website operated and/or owned by FinSpark; and (b) the mobile applications made available from time to time by FinSpark, including the iOS and Android versions.
- “Registration Information” is defined under clause 3 of these Terms and Conditions and may include Personal Data.
- “Services” is defined under clause 3 of these Terms and Conditions.