[GOpinjam] Terms and Conditions

Your use of the services [GOpinjam] are subject to the GOPinjam Terms and Conditions herein (the “GOpinjam T&Cs”). This GOPinjam T&Cs shall be read together with TNG eWallet User Terms and Conditions (the “User T&Cs”) and, unless otherwise stated, capitalised terms shall have the same meaning as defined therein. You shall be further subject to any terms and conditions that may be imposed by the Underwriting Financial Institution from which you apply and/or obtain a Micro Loan through the services of GOpinjam.

Please read the GOpinjam T&Cs very carefully and only continue with this service if you are agreeable to the terms and conditions herein. You are required to have read and fully understood the terms and conditions herein prior to using GOpinjam. In the event you require any clarification on the terms and conditions herein, contact TNGD at +603 5022 3888. This GOpinjam T&Cs may be amended and/or varied by TNGD from time to time by giving you twenty-one (21) days prior notice. Your continued use of GOpinjam after the effective date of the amendments and/or variation shall constitute your acceptance of such amendments and/or variations. If you do not accept GOpinjam T&Cs, please do not continue with the use of GOpinjam.

Definitions

For the purpose of these GOpinjam T&Cs, the following terms shall have the meanings as defined below:

1.              Incorporation of TNG eWallet User Terms and Conditions

1.1           The use of GOpinjam shall be in conjunction with the TNG eWallet as the disbursement and/or repayment of any Micro Loan is linked to your TNG eWallet Account and, for the avoidance of doubt, all of the User T&Cs applicable to the use of the TNG eWallet generally shall additionally (or with reasonably understood modifications) apply to the GOpinjam T&Cs, including, but not limited to, provisions relating to your responsibilities, limits, abuse, restrictions of use, privacy and usage of personal and other data, termination and suspension, and liability.

1.2           For the purposes of this GOpinjam service, the word “Service(s)” in the User T&Cs shall be construed to include GOpinjam.

2.              Availability of GOpinjam and other Services

GOpinjam and all other services are made available to you at TNGD’s discretion.

2.1           Your use of GOpinjam shall automatically be suspended, blocked, limited, restricted, or terminated in the event your corresponding TNG eWallet Account is similarly suspended, blocked, limited, restricted, or terminated for any reason whatsoever. 

2.2           Your use of GOpinjam shall be subject to changes and/or restrictions that TNGD may make across all or broadly across segments of Users that use the GOpinjam services which may include, but is not limited to, automatically increasing your TNG eWallet Account limit in order to accommodate disbursement of the Micro Loan to your TNG eWallet Account and other changes for purposes that make the provision of GOpinjam services more expedient or effective.

3.              Representations and Warranties

3.1           You hereby warrant, represent and declare that:

(i)              you are at least twenty one (21) years of age and you are:

(a)   a Malaysian citizen with a valid NRIC (or other legally recognised Identification Documents);

(ii)             all information and documents provided by you (including those you input through the TNG eWallet) is true, correct and complete and, notwithstanding any verification that may have been carried out, no reliance may be placed on TNGD to verify the accuracy thereof or to make corrections thereto and TNGD shall be entitled to rely on information and documents provided by you as accurate and complete;

(iii)            any and all funds you apply towards any reload or top-up into the TNG eWallet Account are (1) your own personal source of funds or you have all legal authority and permission to use those funds, and (2) such funds are not illegal;

(iv)           no one other than you will use GOpinjam and you will not conduct Transactions on behalf of others;

(v)             you will not use or permit GOpinjam to be used for money laundering, terrorism financing, fraudulent, illegal and other suspicious activities; 

(vi)           you will comply with these GOpinjam T&Cs (and any amendments as notified from time to time).

3.2           TNGD shall not be responsible or liable for any losses you may suffer if you breach these representations and warranties, losses arising from your own negligence (including disclosing personal or other data to others or having passwords or other security details that can be guessed), and/or losses arising from anything beyond the reasonable control of TNGD.

4.              Credit Checks and Personal Data

4.1           By clicking “agree” or using GOpinjam, you expressly grant consent to TNGD to conduct a credit check at any credit reporting agency or bureau (including for our partner credit reporting agency or bureau to conduct a check with other credit reporting agency or bureau, if needed) as a necessary condition for the use of GOpinjam or for the application of any Micro Loan facilitated thereunder. You further grant your consent to carry out the foregoing check:

(i)              each time you click “Calculate”;

(ii)             when your Income Documents expire;

(iii)            when your employment or source of income has changed;

(iv)           when you apply for any subsequent Micro Loans; or

(v)             once you have accepted any Micro Loan, then at any time throughout the duration of the Micro Loan if, in the opinion of TNGD, your credit data requires updating or is considered outdated.

4.2           In order to provide the services of GOpinjam, you hereby expressly grant consent to share or disclose your personal and other data that you have provided together with any data or information that you have consented to be extracted/obtained by TNGD (including credit checks), with any third parties associated with the provision of the GOpinjam services including, but not limited to, any Underwriting Financial Institution and credit check agency or bureau. This shall include consent to the relevant credit check agency or bureau disclose credit checks on you directly to any Underwriting Financial Institution, if expedient.

4.3           You further agree that TNGD may use any personal or other data provided by you or extracted by TNGD (with your consent) for TNGD’s internal analytics for the purposes of enhancing, improving, marketing and promoting the GOpinjam and our other Services for/to you.

5.              No Guarantee of Success

5.1           You acknowledge and agree that GOpinjam is a service that facilitates, and does not itself provide, any Micro Loans and TNGD does make any guarantee or warranty whatsoever of your eligibility or successful application of any Micro Loan or Micro Loan amount.

5.2           Any indications provided by GOpinjam in respect of your eligibility, chances of successfully obtaining a Micro Loan, or possible Micro Loan amounts are indicative only and shall not be taken as any binding representation by TNGD. You may not place any reliance thereto and TNGD disclaims any responsibility and liability for any outcome that does not meet any expectation you may have.

5.3           All applications for Micro Loans under GOpinjam are subject to the final approval of the Underwriting Financial Institution at its absolute discretion.

5.4           The Underwriting Financial Institution(s) may further impose additional and/or different eligibility requirements than stated herein and these requirements may differ depending on different Underwriting Financial Institutions and depending on the type of Micro Loan or other product/service offered.

6.              Underwriting Financial Institution

6.1           All Micro Loans facilitated by GOpinjam are provided by the relevant Underwriting Financial Institution and is subject to any terms and conditions it may impose and other details in its product disclosure sheet or other disclosures.

6.2           Unless otherwise stated herein, TNGD shall not have any responsibility or liability in respect of your relationship with the Underwriting Financial Institution including, but not limited to, any adverse consequence arising therefrom.

6.3           You further agree that TNGD shall not be held liable howsoever for acting on the instructions of the Underwriting Financial Institution in respect of the Micro Loan applied or obtained by you and grievance you may have thereto shall be brought or actioned by you against the Underwriting Financial Institution. This may include, but is not limited to, deducting your Available Balance from your TNG eWallet Account due to any delinquency.

7.              Default

7.1           In circumstances where you are in default, including, but not limited to, where you are in breach of the GOpinjam T&Cs or the User T&Cs, failed to pay the necessary instalments, fees or charges, have provided inaccurate, misleading or fraudulent information or have made false or misleading declarations (including where any representations, warranties or declaration subsequently become untrue), your continued use thereof is deemed unsafe to yourself or others, are a credit risk, or where there have been (or reason to believe that there would likely be) any suspicious, irregular, illegal, or fraudulent transactions, TNGD reserves the right to take one (1) or more of any of the following actions, where appropriate:

(i)              refuse to provide any GOpinjam services to you;

(ii)             limit any facilities, services or functionalities, of GOpinjam and/or block, suspend, or terminate your use of GOpinjam;

(iii)            revoke any prior application or advise the Underwriting Financial Institution to revoke any approval for a Micro Loan;

(iv)           suspend, block, limit, restrict or modify any functionalities or services;

(v)             suspend, block, and/or terminate your TNG eWallet Account;

(vi)           block, refuse, and/or reverse any Transactions where appropriate;

(vii)          where necessary, deduct any outstanding sums or sums due in the manner as set out in Clause 7.2 or Clause 7.3.

(viii)         take such action as may be directed by the relevant authorities; and/or

(ix)           take any other action we deem fit at any time at its sole discretion;

and in severe cases, including, but not limited to, circumstances where you have been found to have intentionally compromised the security of GOPinjam or your TNG eWallet Account, involved in dishonest, illegal or fraudulent activities or were grossly negligent, to take additional actions which include to:

(x)             refuse to refund your Available Balance;

(xi)           claim compensation against you for any losses caused; and/or

(xii)          take any other action we deem fit at any time at its sole discretion.

(collectively “Appropriate Remedies”)

7.2           TNGD shall have the right to deduct, in part or in full, any of your account(s) maintained by TNGD and/or any accounts accessible via the Touch ‘n Go eWallet, including but not limited to, Available Balance, GO+ balance, and/or GOinvest balance to set off any default in instalments and/or any failure to make payments that are past due for any accrued interest, fees, or other applicable charges. TNGD shall provide seven (7) days’ notice prior to such deduction.

7.3           Furthermore, TNGD shall, with seven (7) days’ prior notice, be entitled to trigger reload(s) from any credit or debit card bound to your Account and use such sums as repayment, in part or in full, in the event of any default in instalments and/or any failure to make payments that are past due for any accrued interest, fees, or other applicable charges.

7.4           Although it is not a prerequisite to bind a credit or debit card to your Account to obtain a Micro Loan, if you have a credit or debit card bound to your Account or if you subsequently bind a credit or debit to your Account, you may not unbind such credit or debit card without binding a new credit or debit card if there are any amount outstanding.

7.5           TNGD’s exercise of any of the Appropriate Remedies may be with or without notice where appropriate. We will make commercially reasonable efforts to notify you prior to taking any Appropriate Remedies, however TNGD may not notify you where we are prohibited by the relevant authorities or applicable, or otherwise where the circumstances dictate that no notice should be given.

7.6           If TNGD exercises its right in clause 7.1(vi) above or has made other deductions but you have made payment (wholly or in part) for the same just prior to the deduction, the amount deducted by TNGD shall be applied as an advance payment towards the applicable Microloan or other GOpinjam product or service and any excess, if any, shall be refunded to you.  

8.              Service of Notice

8.1           TNGD may, in its sole discretion, serve you notice under these GOpinjam T&Cs by posting such notice on the TNGD’s website or any other online or other medium, which TNGD may introduce from time to time.

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