The MyPesara Application is an application that allows Users to access information and other Services through the User Mobile Accessibility Device and is subject to these Terms and Conditions. The features of this MyPesara Application can be changed and updated by KWAP from time to time.
Please carefully read and understand the Terms and Conditions in this MyPesara Application every time a User accesses and uses the Services provided in the MyPesara Application. By accessing and using the MyPesara Application, the User is deemed to have read and agreed to be bound by these Terms and Conditions and any amendments made from time to time. These Terms and Conditions shall apply without limitation or exemption to all MyPesara Application Users or any part thereof.
The User understands and agrees that the access and use of the MyPesara Application is at the User’s own risk and that the MyPesara Application is provided on a “AS ACCESSIBLE” and “AS AVAILABLE ” basis. If at any time the User does not agree to any or all of these Terms and Conditions, please terminate all User access to the MyPesara Application immediately.
2.1 Users shall at all times be responsible for obtaining and using the necessary internet browsers and/or any other necessary hardware and/or software including any new and up-to-date versions, which are necessary to gain access to the MyPesara Application at the User’s own risk and expense.
2.2 Users agree and undertake not to use the MyPesara Application for purposes that may violate the rights or restrict the use of the MyPesara Application including:
Redesign, rearrange, reverse engineer and attempt to obtain source code, modify, make published work of MyPesara Application, software update or any part of the MyPesara Application; and
Install or use the MyPesara Application on a ‘jail-broken’ or ‘rooted device’ which may affect the security features of the Mobile Device.
2.3 The User understands and agrees that the access and use of the MyPesara Application is limited to Users residing in Malaysia only. Therefore, the download, use of and access to the MyPesara Application is not made available to Users while located outside of Malaysia, and Users not residing in Malaysia. By continuing with the download, use and access to the MyPesara Application, the User agrees and undertakes that it is a Malaysian resident and all use and access to the MyPesara Application is made while located in Malaysia only.
2.4 KWAP reserves the right at any time to investigate any possible misuse of the Terms of Use by Users and KWAP has sole discretion and the absolute right to delete or amend the MyPesara Application, Content and Services and remove or reject any thing or any action that violates the Terms of Use above.
3.1 To enjoy access to the complete and comprehensive Services site according to the relevant User category, Users need to log in to the account according to the relevant User category. As such, Users may be required to submit Information and other inputs including, but not limited to, email addresses, other information related to User retirement information and Passwords. For the purposes of this clause, the information and inputs listed in this clause will be referred to as ‘Log In’ Information. For the avoidance of doubt, ‘Log In’ Information must be submitted every time a User wishes to log in to a User account.
3.2 Users are solely responsible for the security, confidentiality and privacy of the ‘Log In’ Information submitted. KWAP will not be responsible for any damage, loss or leakage of data or information resulting from the submission of ‘Log In’ Information for the purpose of first time login or use of MyPesara Application by Unauthorized Users or due to circumstances beyond KWAP’s control.
4.1 The “Benefits Program” available in the MyPesara Application is for the purpose of providing offers to Users where Users may use promotions and other benefits offered by third party vendors as listed in the MyPesara Application.
4.2 Each promotion and benefit are subject to the terms and conditions set by third party vendors. For the avoidance of doubt, the promotion and benefits of the Benefits Program may only be offered to certain categories of Users, subject to the terms and discretion of third party vendors. Users are responsible for reviewing and reading the terms and conditions of third party vendors before using any promotions and benefits under the Benefits Program.
4.3 Any promotions and benefits under the Benefits Program may not be transferred or disseminated for the use of users other than MyPesara Application Users.
4.4 KWAP has sole discretion and the absolute right to amend, withdraw or terminate the Benefits Program at any time in whole or in part without any liability to the User.
4.5 Unless instructed otherwise by you, KWAP will not disclose or share any personal information with third party vendors in relation to the Benefits Program save for third parties as set out in Clause 7 of the Personal Data Protection Notice. Third party vendors may request the User to submit User-related information including personal information to enable the User to enjoy the Benefits Program. It is up to the User to disclose such information and any disclosure of information to third party vendors is at the sole risk of the User and shall be subject to the terms and conditions as well as the personal data protection notice as determined by such third party vendor. KWAP will not be liable for any damages and/or losses suffered by Users arising as a result of any unauthorized disclosure or misuse of information by third party vendors under the Benefits Program.
5.1 Unless otherwise stated, the intellectual property rights of MyPesara Application, Services and its contents, whether registered or unregistered, including but not limited to text, images, graphics, sound files, animation files, video files and their arrangement are the property of KWAP, and are protected by Malaysian intellectual property law and relevant international law. No part of it or any part thereof may be altered, copied, distributed, transmitted, reposted, exhibited, performed, reproduced, published, licensed, transferred, sold or commercially managed in any way without the written permission in advance of KWAP. Any reproduction, reposting, imitation or modification of any unauthorized content of the MyPesara Application, may violate statutory rights and ‘common law’ which may be subject to legal action. KWAP disclaims all liability that may arise from the unauthorized reproduction of the contents of MyPesara Application content.
5.2 No license or right is granted to the User and the User’s access to the MyPesara Application shall not be construed as granting, with implication, estoppel or otherwise, any license or right to use any content of the MyPesara Application without the prior written permission of KWAP or the rights owner related third party intellectual property.
6.1 All trademarks, service marks, and logos displayed in the MyPesara Application are the property of KWAP and/or their respective third party owners as stated in the MyPesara Application.
6.2 Unless prior written permission is obtained from KWAP or the relevant third party owners, no license or right is granted to any party accessing the MyPesara Application to use, download, reproduce copies or modify trademarks, service marks or logos. Similarly, unless prior written permission is obtained from KWAP or the relevant third party owner, no trademark, service mark or logo may be used as a link or to mark any link to the MyPesara Application or any other site
7.1 KWAP reserves the right to update, amend and/or change any part or all of the Terms and Conditions from time to time at its sole discretion and its absolute right at any time and for any reason without reference and notice to the User. Users are responsible for reviewing and re-reading the latest Terms and Conditions from time to time to find out about any such changes. Continuous access or use of the MyPesara Application by the User will be construed and deemed to be the User’s compliance, acknowledgment and acceptance of the updated Terms and Conditions.
8.1 KWAP will strive to maintain the smooth operation of the MyPesara Application. However, technical or maintenance difficulties may, from time to time, cause temporary interruptions. KWAP reserves the right, periodically and at any time, to modify and discontinue, temporarily or permanently, the functions and features of the MyPesara Application, with or without notice, without any liability to the User, for any interruption, modification, or termination of access and/or use of the MyPesara Application or any function or feature of its Services.
9.1 The MyPesara Application Services may be combined or linked to third party applications, websites, and services (“Third Party Applications“) to provide comprehensive content, products, and/or services to Users. Affiliates or links to such websites are owned and operated by third parties which are beyond the control of KWAP and may contain their own terms and conditions of use and privacy policy. Users of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. KWAP will not be responsible for and does not warrant the content of such websites, third parties named therein or their products and services.
9.2 The links provided in the MyPesara Application shall not be construed as endorsement or verification or approval of such websites or the content therein by KWAP. Links to other websites are at the User’s own risk and KWAP will not be liable for any loss or damages related to the links.
9.3 Users understand and agree that KWAP is not responsible or liable for any transactions between Users and third party providers, Third Party Applications or services advertised on or through the MyPesara Application.
10.1 KWAP will not be responsible for any interruptions, delays, failures, errors or omissions or loss of information transmitted, viruses or contaminated or damaged property transmitted or damage to the User’s Mobile Device system. Users will be responsible for providing adequate protection and having data and/or support equipment and taking reasonable and appropriate precautions to scan for computer viruses or properties that are damaging.
10.2 KWAP will not be responsible for the accuracy, usability or performance of third party software that may be used in connection with the MyPesara Application.
11.1 By accessing the MyPesara Application, User acknowledges and agrees that KWAP may collect, maintain or disclose Information or any information for the effectiveness of the MyPesara Services and Applications. Information collected, stored or disclosed shall comply with any laws, regulations (including the Personal Data Protection Act 2010, if applicable) or regulations applicable from time to time.
11.2 Users agree to accept all related risks while using the MyPesara Application, that Information may be accessed by unauthorized third parties and agree not to hold KWAP responsible for any unauthorized access or any loss or damage incurred thereby.
11.3 Users shall be responsible for the confidentiality and use of User IDs, Passwords and User Information and shall not disclose them to anyone at any time and under any circumstances whether intentionally or unintentionally.
11.4 You agree to comply with all security measures related to the protection of User ID, Password and Information or generally with respect to access and use of this MyPesara Application as set out in these Terms and Conditions and any other rules and regulations, policies or guidelines which may have effect in relation to it.
11.5 The User accepts the responsibility that in any case where the User ID, Password and User Information are communicated to any other person whether intentionally or unintentionally, the User shall take precautions with the disclosure, discovery or the User shall inform to KWAP immediately.
12.1 In order to ensure the effective and efficient use of the MyPesara Application by Users, especially access to Services and Retirement Information, KWAP must, when relevant, process and use the User’s personal data. KWAP takes the privacy aspects of all Users seriously.
12.2 Our Personal Data Protection Notice will govern the collection and processing of personal data that you provide to us through your access and use of the MyPesara Application. Further details in respect of the Personal Data Protection Notice can be obtained here.
13.1 The User understands and agrees that the MyPesara Application is provided “AS ACCESSIBLE ” and “AS AVAILABLE”, without any kind of warranty or condition. Users use the MyPesara Application at their own risk. To the fullest extent permitted by applicable law, KWAP makes no representations and disclaims any warranty or condition of quality satisfaction, marketability, suitability for any purpose, or without infringement. KWAP also does not warrant that MyPesara Application is free of malware or other components that may adversely affect User Mobile Devices. KWAP makes no representations or warranties, endorsements, warranties, or assumptions about any third party applications (or content thereof), user content, or any other services advertised or offered by third parties on or through the MyPesara Application or site hyperlink web, or features in any banner or advertising. No advice or information either in writing or not in writing that Users obtained from KWAP should form a warranty on behalf of KWAP in this regard.
14.1 To the extent permitted by applicable law, the exclusive and sole remedy of the User for any problems or dissatisfaction with the MyPesara Application or Third Party Applications is to terminate the access or use of the MyPesara Application and uninstall the MyPesara Application from the User Mobile Device.
14.2 To the extent permitted by law, KWAP and/or its agents in any situation hereby will not be liable for any loss or damage arising under any circumstances under legal theory, contract, tort, negligence, strict liability or any other basis, including without limitation, direct, indirect, punitive, specific, incidental or consequential in any form, including without limitation, any damages, or losses or profits arising in connection with User access or use or inability to access or use this MyPesara Application, reliance on the Information contained in the MyPesara Application, any technical failure, hardware or any type of software, interruptions, errors, omissions, delays in operation, computer virus, or otherwise from the use of MyPesara Application by Users.
14.3 This exemption clause shall have full effect to the extent permitted by law.
15.1 To the fullest extent permitted by applicable law, the User hereby agrees to indemnify and protect KWAP in full, from and against any loss or damage, costs, claims, fees (including solicitors’ fees on the basis of solicitors and clients) and all expenses arising from (1) any breach of this MyPesara Application Terms and Conditions and/or the Personal Data Protection Notice by the User; (2) User’s non-compliance and non-conformity of the settings and procedures in the MyPesara Application; (3) negligence in performing the duties of the User; (4) infringement of any copyright and intellectual property in any part of the MyPesara Application; (5) the unavailability of the MyPesara Application due to the location, availability of the mobile network and the proper functionality of the Mobile Device; and (6) any liability arising out of the User’s negligence or willful misconduct by the User.
16.1 The User agrees and acknowledges that KWAP reserves the right to restrict, terminate, suspend or suspend all or part of the User’s access and/or use of the MyPesara Application and Services, without any liability to the User, at any time without giving any reason or if the User violates any of the Terms of Use and/or violates any of these Terms and Conditions or violates the rights of KWAP or any other user or any third party or User has committed an act that violates the law.
17.1 These Terms and Conditions shall be for all purposes and purposes subject to and construed in accordance with the laws of Malaysia. By accessing this MyPesara Application and/or using the Services provided herein, the User hereby agrees to the exclusive jurisdiction of the courts of Malaysia.
18.1 If KWAP fails or neglects to enforce any provision or remedy under these Terms and Conditions for any reason, KWAP shall not be deemed to be a waiver of KWAP’s right to enforce or waive KWAP’s right to any continuous, successful or subsequent violation or any other provision in these Terms and Conditions by the User.
18.2 If any part of these Terms and Conditions is set to be invalid or unenforceable by applicable law, then the invalid and unenforceable provision shall be deemed to be replaced by a valid and enforceable provision with the purpose closest to the provision the original and the remaining provisions of these Terms and Conditions shall continue in full force and effect.
18.3 Any rights not expressly granted herein are reserved.
19.1 KWAP may from time to time issue current notices to Users via “push notification” on the MyPesara Application. This function can be deactivated in the settings section of the MyPesara Application.
20.1 The User acknowledges that the download and/or use of the MyPesara Application is at the User’s own risk and that the download and/or use of the MyPesara Application is at any time subject to the following additional terms:
20.2 The User agrees that KWAP will not be liable for any loss or damage including for any loss of profit, direct, indirect, punitive, exemplary or special damages arising from damage or contamination or failure of the MyPesara Application, hardware or software used in connection with the MyPesara Application.
