Terms of Use

Please read the terms and conditions (the “Terms of Use”) set forth below, as they apply to your access and use of our services, including our website (www.directlending.com.my), APIs, email notifications, applications buttons and widgets (the “Services”), and any information, text, graphics, video, photos, look and feel or other materials uploaded, downloaded or appearing on the Services (collectively referred to as the “Content”).

Your access to and use of the Services signifies your acceptance of these Terms of Use and agreement to be bound by them and any and all other applicable terms referenced herein absolutely. If you do not agree to these terms of use, please refrain from using this Website now. This Website and Services are available only to individuals above the age of 18 years who can form legally binding agreements under the applicable laws. If you are not above 18 years of age, please do not proceed to use this Website and Services.

The Services should not be regarded as an offer or solicitation to provide products or services described therein to any person to whom it is unlawful to make such an offer or solicitation or where the local law or regulation does not permit the use of such products or services.

Other applicable terms

These Terms of Use refer to the additional terms in our Privacy Policy Statement, which also apply to your use of our Services.

Our Privacy Policy Statement sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate and to notify us by emails if there are any changes. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of Malaysia for storage, processing and use by us. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are compulsory and are considered part of the Services and your www.directlending.com.my account, which you may not be able to opt-out from receiving.

Description of Service

The Services are provided by DL Techlab Sdn. Bhd., on behalf of Direct Lending Sdn.Bhd. (collectively referred as “Direct Lending”, “we”, “us” or “our”).

Direct Lending Sdn. Bhd., a company incorporated in Malaysia under the Companies Act 1965, is an authorised marketing representative for the personal financing facilities for civil servants originated by Koperasi Co-opbank Pertama Malaysia Berhad and RCE Marketing Sdn Bhd (a subsidiary of the Bursa Malaysia listed company, RCE Capital Berhad) through Yayasan Ihsan Rakyat and Yayasan Dewan Perniagaan Melayu Perlis. Direct Lending also offers civil servant personal financing from Public Islamic Bank, Koperasi Koperasi Bersatu Tenaga Malaysia Berhad (“KOBETA”), Koperasi Putri Terbilang Malaysia Berhad (“KOPUTRI”), Koperasi Ukhwah Malaysia Berhad and other selected co-operatives in Malaysia. In addition, Direct Lending Sdn Bhd also collaborated with licensed credit community and money lenders in Malaysia (collectively the financing providers collaborated with Direct Lending referred as “the Financing Providers”).

Direct Lending process and review the information that you provide to us and if you meet certain requirements, we then refer you to Financing Providers who we believe are most likely to provide you with a loan based on our assessment of your information. If you decide to obtain the financing, you will enter into a separate agreement with the Financing Providers and not with us. We do not control and are not responsible for the actions or inactions of the Financing Providers. You are under no obligation to use our Services to initiate contact or take a loan or financing with any of the Financing Providers. Direct Lending do not own or control the financing facilities that are provided by the Financing Providers.

Nothing in this Terms of Use shall be construed as creating a partnership or joint venture of any kind between you and us, or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.

Changes to our services

The Services that we provide are always evolving and the form, content, terms and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.

We make no representations, warranties or guarantees, whether express or implied, that our Services or any content on our site is accurate, complete or up-to- date.

Reliance on information posted

Commentary and other materials posted on this Website are not intended to amount to advice on which reliance should be place. We are not liable or responsible for any reliance placed on such materials by you or anyone who you may inform of any of its contents.

Accessing our Services

We do not guarantee that our Services, or any content, will always be updated, available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Services and Contents without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Your account and password

If you are provided with a log-in access, you are responsible for safeguarding the security and confidentiality of the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are fully responsible for all activities that occur under your password or account and must not disclose the same to any third party.

We have the right to suspend or disable any password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. We have no liability as a result of any third party accessing your account.

If you know or suspect that anyone other than you knows your password, you must promptly notify us at support@directlending.com.my.

Intellectual property rights

All intellectual property rights subsisting in respect of the Services and Contents (with the exception of contributed content by users) belong to Direct Lending or have been lawfully licensed to Direct Lending for use. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as the website is copyrighted under applicable laws.

You agree to respect all intellectual property rights, including but not limited to copyright, trademarks, trade names (whether registered or not) contained or displayed on the Website or which you gain access to in connection with using our Services.

You must not use any part of the materials on our Website for commercial purposes without prior consent and you agree not to download or print off copies of such materials for any purposes other than those for which they are intended.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

Use of Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to

1. satisfy any applicable law, regulation, legal process or governmental request;
2. enforce the Terms of Use, including investigation of potential violations hereof;
3. detect, prevent, or otherwise address fraud, security or technical issues;
4. respond to user support requests; or
5. protect the rights, property or safety of Direct Lending, its users and the public.

Representations and Warranties

In order to use our Services and during the course of such use, you represent and warrant that:

1. you possess the legal right and ability to enter into this Terms of Use;
2. you have and will at all times supply truthful, accurate, and complete information, including but not limited to information regarding any financings you have obtained, or in the processing of obtaining, from any financial and non-financial institution;
3. you have not withheld any material facts;
4. you do not have any other financing from other financial or non-financial institutions other than as declared herein;
5. you are not in default on any accounts with any banks, financial institutions, and moneylenders nor under any legal impediments;
6. you will comply with Direct Lending and the Financing Providers’ requirements in respect of your application;
7. you understand that the offer of financing is subject to the necessary verification by the Financing Providers on the information and documents provided by you and is contingent upon the final approval by the Financing Providers who have the absolute discretion to approve or reject the loan and are under no obligation to provide any reasons whatsoever;
8. in the event any information provided becomes inaccurate, misleading, or changes in any way, you shall promptly notify us of such changes; and
9. neither the performance of your obligations under this Terms of Use nor your use of the Services will violate any applicable laws, rules or regulations of governments having jurisdiction or cause a breach of any agreements you have with any third parties or unreasonably interfere with our other customers’ use of our Services.

Consent authorisation

Pursuant to the Credit Reporting Agencies (CRA) Act 2010 and Central Bank of Malaysia Act 2009, you agree to grant your consent to Direct Lending, the Financing Providers, CTOS Data Systems Sdn Bhd (“CTOS”), Experian Information Services (Malaysia) Sdn. Bhd. (formally known as RAM Credit Information Sdn. Bhd., “Experian”) to process your personal data.

You grant Direct Lending and the Financing Providers permission to obtain, verify and disclose any information submitted for the purposes of the Services, including but not limited to Credit Information (as defined in the CRA Act 2010) relating to you from and/or to any source, including but not limited to Experian, CTOS and any other person, individual and/or entity, credit reporting/reference agencies, and other financial institutions as Direct Lending and the Financing Providers deems appropriate in relation to your credit application or transaction with you.

By this consent, you understand and agree that

1. Direct Lending and/or the Financing Providers may conduct credit check, CCRIS on you with CTOS and Experian at any time for as long as you have a trade relationship with Direct Lending and/or the Financing Providers or where any dues remain unpaid or outstanding, for any one or more of the following purposes
   • Opening of account
   • Credit/ account evaluation
   • Credit/ account monitoring
   • Credit/ account review
   • Debt recovery
   • Legal documentation consequent to a contract or facility granted by Direct Lending and/or the Financing Providers Debt Recovery
   • Scoring solutions
2. Direct Lending and/or the Financing Providers may disclose any information on the conduct of your account with Direct Lending and/or Financing Providers, to any business entity/ie for bona fide trade checking at any time. You are also aware and understand that such information will be provided to CTOS and/or Experian, who may in turn share such information to subscribers of their services
3. Where Direct Lending and/or the Financing Providers require any processing of your application to be processed by any processing centre located outside Malaysia, you agree to give consent to CTOS and Experian to disclose your credit and CCRIS reports to such locations outside Malaysia
4. Apart from the above, you agree to give consent to Direct Lending, the Financing Providers, CTOS and Experian to disclose your personal data as per the PDPA Act

You further authorise and consent to Direct Lending and the Financing Providers to disclose to any other person(s), bodies and authorities in or outside of Malaysia, including but not limited to debt collection agents, companies within the group of Direct Lending and the Financing Providers, its respective agents, and appointed outsourcing agents for the purposes of providing integrated services, maintaining and storing records, information and particulars (financial or otherwise), relating to your affairs, accounts, financing and conduct thereof for such purposes as Direct Lending and the Financing Providers deems fit or appropriate.

Such consent shall remain applicable as long as you are maintaining an account, loan, credit or any transaction with us or the Financing Providers. Direct Lending and the Financing Providers are expressly authorised by you to discuss with your present and future employer(s) regarding your use of our Services.

All forms and supporting documents submitted by you to Direct Lending and the Financing Providers for your use of our Services shall be our property and the Financing Providers and we shall be entitled to retain the same irrespective of the outcome of your application or use of our Services.

Limitation of Liability and Disclaimers

Please read this section carefully since it limits the liability of Direct Lending and its related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the, “Entities of Direct Lending”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.

YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED “AS IS”, AND, “AS AVAILABLE”. THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND THE ENTITIES OF DIRECT LENDING MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE ENTIRE LIABILITY OF THE ENTITIES OF DIRECT LENDING AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR SERVICES. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ENTITIES OF DIRECT LENDINGEXCEED FIVE HUNDRED MALAYSIAN RINGGITS (MYR 500).

The Entities of Direct Lending shall not guarantee or assume any responsibility that:

1. the information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
2. the information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
3. messages sent through the internet including in connection with the Services will be free from interception, corruption, error, delay or loss;
4. access to the Services will be available or be uninterrupted;
5. use of the Services will achieve any particular result; or
6. defects in the Services will be corrected.

Without limiting the generality of the foregoing, in no event will the Entities of Direct Lending be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, goodwill, opportunity or reputation arising out of any use, or inability to use, or reliance on the information or the Services, even if any of the Entities of Direct Lending has been advised of the possibility of such loss or damages.

Should you have selected financing from Yayasan Ihsan Rakyat or Yayasan Dewan Perniagaan Melayu Perlis, Direct Lending will maintain its best effort in helping you procure the loan within 2 working days turnaround time which is measured from the point in time the Financing Providers receive all the necessary documentations from you until the loan is deposited into your bank account subject to the following conditions:

1. all documentations provided by you are satisfactory, complete, and do not require any additional documents or follow-up after the initial submission;
2. the Financing Providers are able to contact you and your employer for the necessary verification within 24 hours upon receiving your complete documentation;
3. the aforesaid verification is successful; and
4. the bank account provided by you for the loan to be deposited is maintained with Maybank.

Under no circumstances shall this period be constituted as a guarantee by Direct Lending and in all other circumstances, the turnaround time for the completion of your application will take more than 2 working days.

Any cash rebate, gift or promotion runs by Direct Lending is only offerred to users who successfully apply for a loan through Direct Lending, and the loan is approved and disbursed by Financing Providers.

You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the Services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements.

Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Useor otherwise, you are advised to contact us at support@directlending.com.my. No such lack of response shall be deemed to constitute any acquiescence or waiver.

The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

Indemnity

You agree to indemnify and hold harmless Direct Lending from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by Entities of Direct Lending in connection with any claim by a third party (including any intellectual property claim) arising out of:

1. materials and content you submit to, post to or transmit through the Services;
2. your use of the Services in violation of this Terms of Useor in violation of any applicable law; and
3. any claims brought against us by third parties resulting from you actions or inactions.

You further agree that you will cooperate fully in the defence of any such claims. We reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.

Linking to us

You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

Third party links and resources in our site
The links from the Services may take you to other sites or services and you acknowledge and agree that Direct Lending has no responsibility for the accuracy or availability of any Information provided by third parties services and websites.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Direct Lending on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Direct Lending and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services, whether submitted by you or others.

Links to other websites and services do not constitute an endorsement by us of such websites or services, or information, products, advertising or other materials available made available by such third parties.

Severance

The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

Variations

We reserve the right to amend and/ or revise these Terms of Use at any time by amending the terms without assigning any reason thereto or highlighting to you what the changes are. You are expected to check this page from time to time to take notice of any changes we make, as the amended or updated terms and conditions will be binding on you. Some of the provisions contained in the Term of Use may also be superseded by provisions or notices published elsewhere on our site.

Nonetheless, you will still be bound by the terms of any previous versions to which you have agreed or been deemed to agree at the relevant time. If there is a conflict between two versions of the terms to which you have agreed or been deemed to agree, the more recent version shall take precedence unless it is expressly stated otherwise.

Several users

If there are two or more persons adhering to these Terms of Use as user, their liability under the Terms of Use is joint and several, and their rights are joint.

Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Termination

The Terms of Use will continue to apply until terminated by either you or us as follows.

You may end your agreement with us at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe:

1. you have violated these Terms of Use;
2. you created risk or possible legal exposure for us; or
3. our provision of the Services to you is no longer commercially viable.

We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

In all such cases, any provision of these Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.

Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in Variations.

Governing law and jurisdiction

These Terms of Use shall be governed by the laws of the Malaysia. You agree to submit to the exclusive jurisdiction of the courts of Malaysia.

Languages

This Agreement is drafted in the English language. If this Agreement is translated into any other language, the English language version shall prevail.

Any notice given under or in connection with this Agreement shall be in the English language.