BY USING THE SERVICE IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE OR CONTRIBUTING CONTENT, INFORMATION, OR OTHER MATERIALS OR SERVICES TO THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Summary of Service
ATA PLUS is an equity crowdfunding platform, and Registered Recognised Market Operator by Securities Commission Malaysia that brings together Users and prospective issuers (“Companies”). Users visit the Site to learn about, assist, advise, create profiles for, browse, and/or fund Companies who have been listed to raise funds. ATA PLUS is a platform where Users can interact, network, learn about, and connect with other Users.
By accessing the ATA PLUS Site or using the Service in any manner, you become an ATA PLUS user (“User”). Users who have a business or commercial-related enterprise (“Company”) that wants to be funded may create a profile for their company (“Company Profile”) for listing. The User who creates a Company Profile becomes a founder for that Company (“Issuer”).
For the purpose of clarity, most of the statements under the Risk Warning and Guidelines & Eligibility are extracted from legal articles as stipulated by Security Commission’s Guidelines on Regulation of Markets under Section 34 of CMSA and Proposed Regulatory framework for Equity Crowdfunding 2014. The following terms are used and may refer to the specific user of this platform :
High Net individual i.e. an individual with a total wealth or net personal assets exceeding RM 3 million or its equivalent in foreign currencies
High Net Entities (Companies/Corporations) i.e. a corporation with total net assets exceeding RM 10 million or its equivalent in foreign currencies based on the last audited accounts
An investor that is accredited by the Malaysian Business Angels Network (MBAN) as an angel investor.
An investor that does not fall under the categories of either Sophisticated Investor or Angel Investor Issuer/Entrepreneur
A user hosted on ATA PLUS equity crowdfunding platofrm ("Site") to offer its shares on the platform (referred to as 'Entrepreneur' on the platform)
ATA PLUS is a platform that permits Issuers to offer and sell shares in their Company directly or indirectly (as a “Registered Recognised Market Operator” by Security Commission Malaysia) which may be accessed at www.ata-plus.com
- The Site is provided “as is” and on an “as available” basis. ATA PLUS make no warranty or representation that the site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure or that all information provided will be accurate.
- ATA PLUS makes no guarantee of any particular outcomes from the use of the Site.
- No part of this Site is intended to constitute advice on investment or financial matters.
- ATA PLUS does not negotiate terms for and on behalf of third parties.
- ATA PLUS does not compensate its employees, agents or other persons affiliated with ATA PLUS Sdn Bhd for the solicitation/sale of shares on the portal.
- Your use of the Site and its content is at your own risk.
- ATA PLUS provide no warranty or guarantee that the Site is free of viruses, malicious computer code or other forms of interference that may damage your computer or any other devices, or that access to the site will be uninterrupted, timely or secure.
End-User License Agreement (EULA)
Please read this Agreement carefully before using the Services and if Users do not want to be bound by the terms of this Agreement, the Company is unwilling to allow Users access to or use of the Services and Users do not have permission to access the content of the Services.
By clicking “YES” Users (as an individual and on behalf of any entity represented by them) agree to be bound by the terms of this Agreement as of the date the Users take such action, acknowledge that the Users have read the Agreement, and accept its terms. Users are also representing to the Company that they have the legal authority to accept the terms of this Agreement on behalf of themselves or the entities.
In these Terms, The Company refers to a platform for crowd funding financial services which provides programming systems, digital training, technical advice, management consultants, programmers, system analysts especially to financial services companies (hereinafter referred to as “the Services”).
Investees refer to individuals who initiate fundraising campaigns for a significant objective as well as engaging the Company and their Services forthe purpose of assisting and developing the growth of the Investee’s business and/or ventures (hereinafter referred to as "Campaigns”)
Investors refer to individuals who are interested in funding Investees’ Campaigns in order to materialize the objectives. Investors, Investees and other visitors to the Services are referred to collectively as "Users."
Users acknowledge under the Digital Act Signature 1997 that governs the effect of digital signature in which digitally signed message deems to be written document by clicking on the “I ACCEPT” or similar button at the bottom of this Agreement, Users are:
- Representing, to the extent Users is a company, that the individual accepting this Agreement is an authorized representative of, with the power and authority to enter this Agreement on Users’ behalf; and
- Agreeing to be bound by the terms of this Agreement.
If Users do not agree to the terms and conditions of this Agreement, please click “I DECLINE”
2. Grant of Permission
So long as Invitees comply with the terms of this Agreement, the Company grants the limited, non-exclusive right to/for:
- People and entities seeking to raise fund for their own Campaigns and to contribute to the Campaigns of others;
- may post photos, videos, text, graphics, logos artwork and other audio or visual materials in connection with the Services and related marketing and promotional activities.
- prohibit from create campaigns to raise Funds for illegal activities, to cause harm to people or property, or to scam others, or to offer anycontest, competition, giveaway, sweepstakes or similar activity without consent;
- not to promote hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam; and
- use of limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User's eligibility and continued compliance with the Terms.
The Company reserves the right to terminate Users rights under this Agreement and to seek any other legal remedies if Users violate any provisions hereof and, in the event of such termination, Users agree to cease using the Services.
3. Personal Data Protection Act Consent Clause
In compliance with the Personal Data Protection Act 2010 (“the PDPA Act”) and its regulations, this clause seeks to inform Users of their rights with regards to their personal data that has been and/ or will be, collected and processed by the Company.
The Company will collect the Users’ personal data to be processed by them and/ or on Users’ behalves in the course of Users’ present or future dealings with the Company, its subsidiary(ies), its associated company(ies). The Users’ personal data enables the Company to achieve the objective listed in clause 3.4 herein that is in connection with their Services.
Description of Personal Data
The personal data that Users may provide include but not limited to the Users name; National Registration Identity Card Numbers (NRIC no. ), gender, email address, house phone no., mobile phone no.; alternate mobile phone no., passport no, login/admin password, username/ member id/ login id, password, payment information including credit cards no., debit cards no., and reference no. of the company customer relations and queries form.
The Company will use Users’ personal data for the following purposes including but not limited to:-
- Products & Services
- For performance of the agreement entered into between in rendering The Company services, whether present or future, including maintaining Users’ membership account with the Company, verifying Users’ identity as the Company’ customer, processing Users’ request for the repair and support services, and delivery of Services to Users;
- Communication with Users and delivery of information including, e-mail, telephone call, text message, online social media and other telecommunication
- Means in relation to the Company Services, or in respond to Users’ feedback and enquiries to the Company Services;
- Processing of Users’ payments under the agreement;
- Delivery of any form, notice or other documents to Users;
- Customer relationship management procedures as the Company deems fit and necessary;
- Necessary performance of the Company’s obligations incidental or ancillary or in furtherance to the fees and/or delivery of the Company Services;
- Internal Record & Marketing
- Marketing of the Company Services whether present or future, including issuance of vouchers, schemes, and/or programs which are beneficial to Users;
- Internal record keeping, including for the purpose of administration, auditing, data analysis, research, benchmarking and/or statistical analysis;
- Processing of Users’ application, requests, enquiries, and/or participation, in any of the Company, activities whether online or offline;
- Campaign, promotions, polls, surveys, training programs;
- Verification of Users’ identity as participant of training, polls, surveys;
- Processing of Users’ registration of interest in engaging our services;
Prevention, hindrance and/or reporting of any crime including to fraud, bribery and/or money laundering;
Compliance to any legal and/or regulatory requirements relating to the provision of the Company’ Services; and
For disclosure under the requirements of any applicable laws, regulations, directions, court orders, orders, by-laws, guidelines, circulars, codes applicable to us or any subsidiary, associated, related companies of the Company group of companies.
The Company may obtain Users’ personal data from the following sources including but not limited to:-
the forms which Users have filled up, including registration forms, application forms, participation forms, services forms or customer checklists, signing up forms and other forms, whether online or offline, in relation to the Company,
name cards or business cards that Users have given or delivered to Ata Plus; and/or
any identity materials that Users have distributed and/or business directory and listing that Users have subscribed to.
Class of Third Parties
Users hereby consent and authorize the Company to disclose Users’ personal data to the following categories of third parties:
The Company associated, subsidiary, related companies of the Company or any outsourced third party service providers or product providers as the Company deems necessary or appropriate including outsourced data processing company;
The Company business partners including business affiliates or merchant that provide or deal in general with the Company services or products in connection with the Company Services;
The Company auditors, business consultants, accountants, lawyers or other professional advisers and/or consultants as the Company deems necessary and appropriate; and
any person to whom the Company is compelled to or required under law or in response to a local or state or federal authority, industry regulator, enforcement agency, statutory authority, court of laws, tribunal, arbitration centre, commission or council or association legally authorized by law.
- Users' Obligations
It is necessary for the Company to collect and to retain Users’ personal data. It is also obligatory for Users to supply their personal data to the Company in the most accurate manner. If Users do not provide the Company with their personal data, the Company is unable to, process Users’ personal data on their behalves, for the objective stated in clause 3.4 herein, or effectively render the Company Services to Users, and all relationships created or to be created between them shall then be terminated and ceased to be in effect immediately.
- Users' Rights
Right to request access to personal data Subject to the Company rights of refusal under the Act, Users are entitled to request access to their personal data that is processed by the Company with reasonable notice.
Right to request correction of personal data Subject to the Company rights of refusal under the Act, Users are entitled to request the correction of their personal data that is held by that is inaccurate, incomplete or out-of-date with reasonable notice.
Rights to limit processing of Users’ personal data Users are entitled to limit their processing of their personal data by expressly withdrawing in full their consent given previously including for the Company to send any advertising and marketing materials or for direct marketing purposes subject to any applicable legal restrictions, contractual conditions and within a reasonable time period.
4. Eligibility To Use the Services
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17 can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. The Company reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaigns, Contributions, or the Services at any time for any reason without liability.
5. User Accounts
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify the Company immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information the Company may reasonably request and to answer truthfully and completely any questions the Company might ask each User in order to verify such User's identity.
6. Objectionable Material
Users understand that by using the Services, Users may encounter material that Users may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, Users agree to use the Services at their sole risk and the Company shall have no liability to Users for material that may be found to be offensive, indecent, or objectionable. Services types and descriptions are provided for convenience, and Users agree that the Company does not guarantee their accuracy.
This Agreement and the Services are owned by the Company and are protected by Malaysia copyright laws.
8. No Assignment
Users may not transfer or assign this Agreement, or any part thereof, to any other party (by operation of law or otherwise), and any attempt to do so shall be void.
The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on the use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Users continued use of the Service will be deemed acceptance thereof.
Each User agrees to defend, indemnify and hold harmless Ata Plus, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws.
The Company may assume the exclusive defense and control of any matter for which Users have agreed to indemnify the Company and each User agrees to assist and cooperate with the Company in the defense or settlement of any such matters.
Ata Plus is in no circumstances a party or responsible to ANY Agreements signed between the Investor and Investee, be it now or in the future.
11. No Warranty
The Company has no fiduciary duty to any user. The Services are provided on an "as is" and "as available" basis without any warranties, express or implied, including, without limitation, implied warranties of merchantability or fitness for a particular purpose, non -infringement or course of performance. Use of the Services is at user's own risk.
12. Governing Law
Users agree that :
the Services shall be deemed solely based in Malaysia (the principal place of BUSINESS and corporate headquarters of the Company ); and
the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Ata Plus, either specific or general, in jurisdictions other than Malaysia.
This Agreement shall be governed by the laws of the Malaysia, without respect to its conflict of laws principles.
This Agreement constitutes the acceptance between Users and the Company and governs Users use of the Services. Users also may be subject to additional terms and conditions that may apply when Users use affiliate Services or third- party content. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Ata Plus’ failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Services is operated by the Company. Users agree to comply with all national laws, statutes, ordinances, and regulations that apply to Users use of the Services. The Company may notify Users with respect to the Services by sending an email message to Users account email address or a letter via postal mail to Users account mailing address, or by a posting on the Services or by any other means. Notices shall become effective immediately.
The Company reserves the right to take steps the Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. Users agree that The Company has the right, without liability to Users, to disclose any Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as The Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Ata Plus’ right to cooperate with any legal process relating to Users use of the Services and/or a third-party claim that Users use of the Services is unlawful and/or infringes such third party's rights).
Any notification under this Agreement shall on receipt at the following addresses be well and sufficiently served on the Party concerned if delivered by hand or sent by telefax or recorded delivery post.
- Reference : Ata Plus Sdn Bhd
- Address : 26th Floor, Menara Maxis, Kuala Lumpur City Center,
50088 Kuala Lumpur, Malaysia
Users expressly acknowledge that Users have read this agreement and understood the rights, obligations, terms, and conditions set forth herein. By clicking “I ACCEPT” Users expressly consent to be bound by its terms and conditions and grants to the Company the rights set forth herein.