By using www.Bagus4u.com, including any of its sub-domains (the "Website"), you signify that you have read, understood, and agreed to be bound by all of the Terms & Conditions below, whether or not you are a registered member of the Website.
The Lender has agreed to lend to the Borrower the amount stipulated in the Schedule J Money Lending Agreement, in Malaysian Currency (the “Loan” or the “Personal Loan”).
The Borrower undertakes to use the Loan, or any portion thereof, for legitimate and legal purposes only, and shall not use the Loan for any purpose, or in any endeavour, which is against Malaysian laws, rules, and regulations.
The Loan shall have a term of not more than the limited period of time lapsing on a date stipulated in the Schedule J Money Lending Agreement (the “Agreement”), and commencing on a date of the Borrower’s receipt of the Loan, or any portion thereof (the “Loan Term”).
The expiration of the Loan Term shall be on the date stipulated in the Schedule J Money Lending Agreement (the “Due Date”). In the event of the extension of a Loan Term, the expiration of such extended Loan Term shall be on a date set by the Lender in accordance with Section V “Loan Term Extension ”(the “Extended Due Date”).
The Loan shall be advanced to the Borrower via bank transfer to the Borrower’s bank account and the advancing of Loan shall be subject to the Borrower’s compliance with all the terms and conditions herein as required by the Lender. The Borrower’s receipt of the Loan or any portion thereof shall signify his agreement to all the terms and conditions and the provisions of the Agreement.
The Borrower shall repay the Loan, including all applicable fees, charges, and/or interests, in full, on or before Due Date or the Extended Due Date (as may be applicable), without need of any further notice or demand from the Lender in accordance with the terms and conditions pursuant to the Agreement. The Lender may grant the Borrower a grace period of three (3) days in the event that the Borrower fails to repay the Loan or any part thereof within the Due Date or the Extended Due Date (as may be applicable). All payments to be made by the Borrower under these Terms and Conditions (the “Payment“) shall be paid to the Lender not later than 7:00pm to the Due Date of the Payment. Any payment made by the Borrower after such time shall be considered as payment made for the next working day and shall be subject to applicable fees and charges.
The Borrower shall, at his/her own account, pay all reasonable costs, charges, fees, and/or expenses incurred in connection with the advancing of the Loan under the Agreement, and under any other documentation and/or any amendment of the Agreement, which total reasonable costs, charges, fees, and/or expenses to be borne by the Borrower may include a service fee, processing fee, documentary stamp tax, and other legal fees.
The Borrower agrees to pay the Lender interest on the Loan, or the balance thereof, if applicable, at the rate of one point five percent (1.5%), calculated on a monthly basis.
The Borrower shall notify the Lender promptly in writing of any change in his employment office, home address, and contact information and as may be required by the Lender, any other information previously provided to the Lender in connection with the Loan. In the event that the Borrower fails to notify the Lender on any of his changed-particulars as referred herein, the Lender shall continue to send all notices to the Borrower’s last known address pursuant to the record held by the Lender and such notices sent by the Lender shall be deemed as good faith and compliant with the applicable laws and/or regulation for the purposes of notification.
All messages or communications (including approval of the Loan) shall be sent according to the Borrower’s contact details, including email address and/or phone number (“Borrower’s Contact Details”) held in record by the Lender. It is agreed that once the message or communication is sent to the Borrower’s Contact Details, the Lender shall bear no responsibility for its security, confidentiality, or any acts of any respective service providers (email service provider, mobile operator), nor shall the Lender be held responsible for any acts of the Borrower’s Contact Details.
In order for the Lender to render prompt and accurate service, the Borrower irrevocably authorizes the Lender to record, without the Lender being necessarily obliged to do so, any and all telephone conversations between the Borrower and the Lender, regardless of who initiated the telephone conversation.
Such irrevocable authorization to record includes, but is not limited to, recording of instructions, statements, complaints, inquiries by the Borrower, and information regarding the Loan and reminders by the Lender. The Lender may use the recorder telephone conversation as proof of the Borrower’s acceptance to any offer or additional or revision of terms made through telephone. The Lender may also use such recordings for any legal purpose, particularly as evidence in any judicial or administrative hearing or proceeding.
The Lender shall not be responsible for any losses or damages which the Borrower or any other person(s) may suffer or incur due to any delay or refusal of the Lender to grant or to continue to grant the whole or part of the Loan to the Borrower and the Lender shall not be obliged to give any reason for such delay or refusal.
Without prejudice to the foregoing, and to the extent not contrary to applicable law, the Lender shall not in any case be responsible for or liable to the Borrower for any losses or damages which the Borrower may suffer in respect of any revision of the amount, suspension or termination of the Loan, changes to any of these Terms and Conditions or any other exercise of the Lender’s rights under these Terms and Conditions, at law or in equity.
The Borrower irrevocably and unconditionally consents to the Lender, and any officer of the Lender, to disclose any customer information relating to the Borrower or any information whatsoever relating to the Borrower as the Lender shall consider appropriate to any person to whom disclosure is permitted or required by any statutory provision or law or to any other person wherever situate for any purpose whatsoever and it is hereby agreed that the Lender and any officer of the Lender may disclose the foregoing information to the fullest extent permitted by any statutory provision or law.
The rights conferred on the Lender herein shall be in addition to and shall not be in any way prejudiced or affected by any other agreement, expressed or implied, between the Borrower and the Lender in relation to any information referred to herein nor shall any such other agreement be in any way prejudiced or affected by any provision herein. This consent and provision shall survive the termination of Agreement, and/or the termination of any relationship between the Borrower and the Lender, for any reason whatsoever.
The Lender may assign or transfer any or all its rights under these Terms and Conditions without the Borrower’s consent. The Borrower shall not assign or transfer any of his/her rights under these Terms and Conditions without the Lender’s prior written consent.
No right or remedy conferred upon or reserved to either party herein is exclusive of any other right or remedy herein, or that provided or permitted by law or equity; but each shall be cumulative of any other right or remedy available to such party under these Terms and Conditions and applicable laws.
No amendment to the Agreement shall be allowed unless or otherwise as permitted by the applicable law. Notwithstanding the aforesaid, the Lender shall upon written notice to the Borrower, have the discretion to amend the details of, including but not limited to, the Loan, interest rate, instalment amount, and the Due Date. If the Borrower does not agree to such amendments, then, the Borrower shall have the right to terminate the Agreement by way of written notice to the Lender before the date of the amendments take into effect, and all sums owing and charges, if any, by the Borrower with respect to the Loan and these Terms and Conditions shall be repaid to the Lender in full. The continued use of the Loan by the Borrower, notwithstanding the notice, shall automatically deemed to be an implied agreement to the amendments.
These Terms and Conditions shall be binding upon the parties and their respective successors-in-interest and/or assignees.
The failure or delay in exercising any right, power or remedy of either party under these Terms and Conditions shall not be deemed an effective relinquishment or waiver unless such waiver is in writing and signed by the authorized representative of the party.
If any one or more of the provisions of these Terms and Conditions are declared invalid, illegal, or unenforceable in any respect under the applicable law by any competent court, the validity, legality, or enforceability of the remaining provisions of these Terms and Conditions contained herein under the other applicable law shall not in any way be affected or impaired.
The Borrower agrees and allows the Lender to outsource the management and/or collection of debt as well as the litigation process to a third party, at the sole discretion of the Lender.
The Change of the Business Name of the Lender for any reason, in all cases, shall not lead to the termination of these Terms and Conditions and the Borrower must comply with its obligations under the provisions of these Terms and Conditions and/or the Agreement.
The Borrower confirms that he has in the choice of language as chosen by the him/her, read, understood and agreed to the entire Terms and Conditions constituting the above provisions and/or any other documents, including the Privacy Policy and the Notice to Loan Applicants pursuant to the Personal Data Protection Act 2010. The Borrower understands that the Lender has agreed to grant a loan to the Borrower only after the Borrower has agreed to abide by the Terms and Conditions contained herein.
