Terms and Conditions

  1. Terms of service
  2. Privacy Policy
  3. User Guideline
  4. Commercial Terms
  5. Business Agreement
  6. Ownership and Reservation of Your Documents
  7. Digital Signature Legality
  8. Assessment and Payment System of Stamp Duty
  9. User Guide for Financial Institutions
  10. Payment Terms and Conditions
  11. Disclaimer & Limitation of Liability

When you use our Services, you’re trusting us with your information. We understand this is a big responsibility and we work hard to protect your information and put you in control.

We invite you to access our system and use the services, but please note that your invitation is subject to your agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the provision of the service (as defined below). Kindly review these terms carefully.


Terms of Service

The Terms of Service constitutes a contract between Spectre MD Sdn. Bhd. through its solution platform and you. The Terms of Service includes the provisions set forth in this document and in the Privacy Policy, Commercial Terms, Business Agreement, User Guidelines and other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific service offerings (all of which we collectively refer to as the “Terms of Service” or “Terms”). If you do not agree to these Terms, you do not have the right to access or use our Service. If you do register for or otherwise use our Service you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.

By using the service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of the text, images, and other data you choose to input, upload, or store in our platform and your personal information in accordance with such Privacy Policy.

In the event of a conflict, the English language version or the relevant language version shall govern to make this Terms of Service comprehensible.


Privacy Policy

This Privacy Policy describes how Spectre MD Sdn. Bhd. ("SpectreMD," "we," "us," "our") collects, uses, and shares information about you when you visit and interact on our platform (D.O.C Agree, D.O.C Cert and i-DiD) or other means connected to the Sites (such as contacting our customer service team via chat or email or interact with us).


Information We Collect

We built our platform to help you manage, upload, perform digital signing, execute online stamping stamp, store and organize your agreement, attachment(s), and other related/non related document(s). That means you can input, upload, or store in our platform. We also collect and receive the following types of information:

  1. Basic subscriber information. To activate your account and process the payments, we will collect and receive your relevant details depending on how you purchase a subscription using our platform (each a “Paid Service”), your billing address and other payment information.
  2. Usage data. We collect an access log or other electronic network information on how you and others access and use our platform. Usage of data may be collected through cookies and similar technologies.
  3. Location information. We collect the IP address you use to connect to the Service and if you choose to share your location information from a mobile device.
  4. Device information. We collect information about the numbers and type of devices you use to connect to the Service, as well as information about the operating systems on those devices (e.g., iOS, Android, Windows).

We also may link your subscriber information with data we receive from our partners and other third parties to help understand your needs and provide you with a better experience.


How We Use the Information We Collect

We may use information collected through the site to:

  1. Provide you with the requested services, such as manage a document, processing and approving, and communicating with you about services requested.
  2. Send you email marketing communications about products and services that may be relevant to you.
  3. Conduct surveys or provide you with information about our services on our site or on other websites you may visit.
  4. Maintain and improve the site, tailor the user experience, and for internal training
  5. Protect the security of you and the site
  6. Exercising a right or obligation conferred or imposed by law, including responding to request and legal demands

Protecting Your Information

We maintain reasonable physical, electronic, and organizational security measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, or unauthorized disclosure or access. We use Secure Socket Layer (SSL) technology to encrypt your login information during transit.


Data Retention

We will retain your information for the period necessary to provide and secure our sites and services, and to exercise our legal rights and comply with our legal or regulatory obligations. When we no longer need to use your information, we will unless we need to keep your information to comply with applicable legal or regulatory obligations or the information is required to carry out corporate tasks and conduct our business and remove it from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it.


Links to Third Party Websites

We may provide links to other websites that are not owned or operated by us ("Third-Party Websites"). When you use a link online to visit a Third-Party Website, you will be subject to that website’s privacy and security practices, which may differ from ours. You should familiarize yourself with the privacy policy, terms of use and security practices of the linked Third-Party Website before providing any information on that website.


User Guideline

SpectreMD team works hard to provide you with a service that makes your document process becomes easier, happier and more productive. We strive to give you a total security by ensuring that your data is protected and being fully transparent. In return, we ask that you respect the service and other users, and follow these rules about what not to do when you’re using the Service. Please remember that when you agree to our Terms of Service (including these Guidelines), you agree that you are responsible for any and all conduct and Content under your account.

You agree that when you use the Service:

  1. You Will Not Use the Service for Anything Illegal or Promote Illegal Activities. So do not perform any activity that involves ionizing radiation or contamination by radioactivity from any nuclear waste, from the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive, nuclear assembly or nuclear component thereof like; promote harm to any person, group of people (or animals, for that matter), or any governmental or legal entity; or stalk or harass anyone. This also means that you must not violate the laws or regulations applicable to you or the use of the Service. You, and not the Service, are responsible for complying with any laws or regulations applicable to the data in your account.
  2. You Will Not Violate Our Users’ Rights. Do not invade another user privacy and use their personal data for commercial purposes or in some other manner that violates their rights or applicable laws. This also means you should not upload, attach or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships.
  3. You Will Not Create Suspicious Activities. Do not make any agreement, upload, attach or otherwise transmit any unsolicited or unauthorized advertising or promotional materials. So, no spam, pyramid schemes, illegal and definitely no financial fraud schemes. Do not try to solicit users’ passwords or personal information. This also means no engaging in commercial activities within the Service or on behalf of our Service without our prior approval (e.g., displaying a banner designed to profit you or any other business or organization or displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites). Do not use the Service as a forwarding means to another website.
  4. You Will Not Send Unwanted Messages. The Service Collaboration Features (those features that allow the Service users to share or collaborate on Content) are intended to enable you to interact and share with people you know and/or who are part of your organization. Do not send unsolicited messages to anyone who does not share this kind of connection with you.
  5. You Will Not Violate IP Rights. Do not upload, attach or transmit Content that infringes the copyright, trademark or other intellectual property or proprietary rights of another party without permission. Do not take any action that would violate the Service’s Trademark Brand Guidelines and Usage Requirements.
  6. You Will Not Disrupt with Our Service. Do not ruin this for everyone. Do not upload, promote or distribute software viruses or any other kind of computer code, files or programs that attempt to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Do not interfere with our servers or networks connected to the Service, or with the services and networks of the Service Providers whose services we use to help deliver the Service. Do not try to disguise the origin of any Content transmitted through the Service. Unless we have given you its prior approval, do not access or attempt to access the Service by any means other than through the interface provided by the Service (including through the use of scripts, web crawlers or the like). Do not use the Service in a manner that could lead to the interruption of access to the Service for others.
  7. You Will Not Attempt to Copy or Resell Our Service. Do not try to reproduce the Service or otherwise try to exploit any part of, use of or access to the Service.
  8. You Will Not Pretend to Be Someone You Are Not. Just be yourself. In particular, do not pretend to work at or be affiliated with the Service if that is not true.
  9. You Will Not Exceed the Scope of Your Authorized Use. Do not access or use features that you do not have a right to use; do not mess around with other users’ Content if they have not given you permission to do so.
  10. You Will Not Use the Service to Make an Agreement Related to Objectionable Content. Do not use, attach or make any agreement/document Content that contains nudity, sexually graphic material or material that is otherwise deemed explicit by the Service; that the Service deems threatening, abusive, harassing, defamatory, libellous, obscene, invasive, hateful or racially, ethnically or otherwise objectionable; or that the Service determines it conflicts with your obligations under applicable local law or these User Guidelines.

While we hope that all users of our Services comply with these Guidelines, we must caution you that, notwithstanding these Guidelines and the requirements in our Terms of Service, you may be exposed to offensive, indecent or objectionable content when using the Service. We expect that you understand this and, accordingly, you use the Service at your own risk. However, we put our best effort to avoid the matters from arising throughout our services offerings.


Commercial Terms

These “Commercial Terms” apply to our commercial transactions with you, including your engagement of any Paid Service from us, or the acquisition. We refer to any service for which we charge a fee, including Digital Signing, Stamping and Digital ID Registration, as a “Paid Service.”

You should carefully read through these Commercial Terms to understand your rights and responsibilities as these Commercial Terms constitute a contract between you and Spectre MD Sdn. Bhd. or its affiliate from which you are engaging the Paid Service or from which you are acquiring (we refer to these collectively as a “Commercial Transaction”). By engaging a Paid Service, you agree to be legally bound by these Commercial Terms.

If you do not agree to the Commercial Terms, then you can decide not to complete a Commercial Transaction.

You agree to receive all communications, agreements, and notices that we provide electronically in connection with any of our platform/product or services (“Communications”), including by e-mail, text, in-app notifications, or by posting them on the website or through any service or product/platform. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We may update these Commercial Terms from time to time. Please be sure to review these Commercial Terms before you finalize any Commercial Transaction.


PAYMENT OF FEES; TAXES

When you elect to engage a Paid Service from us or any third-party reseller and enter a form of payment, you agree that:

  1. you will fulfil your obligation to pay for the Paid Service by the date on which the payment is due;
  2. any payment information you provide is true and accurate;
  3. you are authorized to use the payment method you provide;
  4. we have permission to retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network; and
  5. we or our reseller (as applicable) are authorized to charge you for the Paid Service using the established payment method and the information you provide that is stored in your account as of the applicable date for payment. Your assurances of payment and our rights to collect payment include any obligation you may have to pay any taxes or delivery charges described as being applicable to the Product you are buying. In addition, you agree that you will be responsible for any credit card chargeback fees as well as any other reasonable collection costs we incur as a result of your failure to pay on a timely basis.

You agree to pay the charges for the Paid Service in the currency specified by Spectre MD Sdn. Bhd. (or any reseller or payment processor from which you may engage the Paid Service) when you enter into the Commercial Transaction, and you assume all risks associated with any changing value in the currency compared with other currencies. The specified charge for a Paid Service is SST-inclusive and may include certain other taxes or delivery or similar charges applicable to your charges. If any tax or charge applicable to an engagement is not charged by us, you acknowledge that you are solely responsible for paying the tax or other such charge.

Our prices for a Paid Service do not include any of the third-party fees you incur in connection with using a Paid Service including, without limitation, fees charged by your Internet access provider, any wireless carrier charges for cellular or data services and any other third-party applications or services with which you may use the Paid Service; you are responsible for selecting and managing these other services, and paying the fees for such services.

Our Service accepts certain debit and credit cards as well as other forms of online payment (e.g., PayPal transfers) as payment methods for Paid Services (each, an “Accepted Payment Method”), subject to the procedures and rules contained in these Commercial Terms and any applicable contract with the Accepted Payment Method. Accepted Payment Methods may vary by country or by Paid Service and may change from time to time. When you engage with an Accepted Payment Method, the fees for your Paid Service will be billed on or near the date of your purchase.


CHANGES IN FEES

We may change the price of any Paid Service from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will provide you with advance notice of changes in recurring subscription fees. Any increase in charges for the same Paid Service would not apply until the expiration of your then current billing cycle within your account activation period, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that Paid Service. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the Paid Service subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current billing cycle.


PAYING BY INVOICE

Our Service may, in our sole discretion, agree to permit you to pay us for certain Paid Services pursuant to invoices issued by Spectre MD Sdn. Bhd. Unless otherwise expressly provided in our Separate Agreement with you, we will issue our invoice on or shortly after the date on which the Paid Service is purchased (and on any monthly, annual or other renewal term as described), and the charges are payable upon your receipt of the invoice. All payments of invoiced amounts must be made in the currency specified on the invoice by check, wire or other electronic transfer to a bank and account number designated by Spectre MD Sdn. Bhd. Any invoice that remains unpaid thirty (30) days after the invoice date is considered delinquent. Any wire transfer fees or other similar fees incurred on account of the payment method selected by you are your responsibility and may not be deducted from the amount due by our Service.


CHANGES TO PAYMENT METHODS AND ACCOUNT INFORMATION

You are responsible for ensuring that your account information, including your email address and all payment information (address, debit or credit card number and expiration date), is accurate and up to date. You may change this information at any time.

If your credit card expires or the information is otherwise invalid, or you or another party controlling the payment method make changes to your billing account too close in time to when we charge for any Paid Service subscription (so we cannot reasonably act on your changes prior to billing), we will probably not be aware of this, and we will bill the current charges to the card we had on record; the continuation of your Paid Service subscription constitutes your authorization for us to do so, and you remain responsible for any uncollected amounts and any charges incurred by you or us as a result of billing to an invalid card.


COSTS OF COLLECTION; CREDIT CARD CHARGEBACKS

In addition to the published fees for a Paid Service, you agree to pay any reasonable costs we incur to collect any unpaid or past due amounts, including reasonable attorneys' fees and other associated costs. Delinquent payments will bear interest at the rate of 1% per month or the highest rate permitted under applicable law, whichever is less, from the payment due date until paid in full.

If you engage a Paid Service subscription with a credit card and then subsequently request your credit card issuer to reverse that payment, our Service is charged a fee that may be a significant multiple of the amount we initially received. Accordingly, in order to enable you to pay relatively minor fees with a credit card, you acknowledge and agree that we reserve the right to suspend your ability to add additional content to your account until such time as you reimburse us the amount of the fee, we were charged by the card issuer.


WHO AM I CONTRACTING WITH?

As we describe in our Terms of Service, if you engage a Paid Service from us, you will be entering into a contract with one of several our Service affiliated system providers. Those provisions regarding contracting parties and governing law continue to apply to our contracts for our Service. If you elect to pay a third-party reseller or payment processing firm for any Paid Service, the contract regarding your payment will be with such third-party, but such third-party is not authorized to provide you with any contract terms or other assurances that affect our Service’s obligations relating to our delivery of the Paid Service; our obligations to you are governed by the Terms of Service, Privacy Policy in these Commercial Terms.


Business Agreement

This Business Agreement (this "Agreement") governs the use of the D.O.C Agree, D.O.C Cert and I – DiD services (the "Service") by the entity agreeing to these terms ("Customer"). The Service as defined in our Terms of Service is designed for businesses, individuals and organizations.

Customer is one party to this Agreement. An individual (“you”) is required to accept this Agreement on behalf of the Customer as a condition to creating an account (Customer’s Account). The Agreement is effective as of the date the Service makes the administrator account (“Administrator Account”) available to that individual acting on behalf of the Customer as the Administrator (the "Effective Date"). By accepting this Agreement, you confirm that you have reviewed the Agreement on behalf of Customer and you are warranting to the Service that you are authorized to accept and make this Agreement legally binding on behalf of Customer. If you do not have the legal authority to bind such Customer, please do not check the box signifying that you accept the terms of this Agreement.

In addition to the terms and conditions set forth in this Agreement, Customer's use of the Service is also governed by the then-current terms and conditions governing the use of the Services (the "Terms of Service"), the Service then-current terms and conditions governing payments (the “Commercial Terms”), and the Service’s then-current Privacy Policy, each as published at the Service website. If there is any conflict between either of the Terms of Service or the Commercial Terms and this Agreement, then the terms of this Agreement shall govern with respect to the Service.


USE OF THE SERVICE

“Account” means a unique account established by Customer to enable its Authorized Users to access and use the Service.

“Account Administrator” is an Authorized User who is assigned and expressly authorized by Customer as its agent to manage Customer’s Account, including, without limitation, to configure administration settings, assign access and use authorizations, request different or additional services, provide usage and performance reports, manage templates, execute approved campaigns and events, assist in third-party product integrations, and to receive privacy disclosures. Customer may appoint an employee or a third-party business partner or contractor to act as its Account Administrator and may change its designation at any time through its Account.

“Affiliate” of a Party means any entity that the Party directly or indirectly owns or controls the voting interests of the subject entity. Any legal entity will be considered a Party’s Affiliate as long as that interest is maintained.

“Authorized User” means one individual natural person, whether an employee, business partner, contractor, or agent of Customer or its Affiliates who is registered by Customer to use the Service. If the Authorized User is not an employee of Customer, use of the Service will be allowed only if the user is under confidentiality obligations with Customer at least as restrictive as those in this Agreement and is accessing or using the Service solely to support Customer’s and/or Customer Affiliates’ internal business purposes.

After successfully completing the account creation process and confirming acceptance of this Agreement, the Service will enable Customer to access an Administrator Account, which will include a console ("Admin Console"). Customer can perform a number of administrative functions relating to Customer's Account (“Customer’s Account”) through the Admin Console.

Customer acknowledges that providing a customer’s user (“End User”) access to its Customer’s Account provides that End User with authority to access, create, or share Content in Customer’s Account. (“Content” means the text, images, and other data that has been put into, uploaded to, or stored in the service.) Customer also acknowledges that while an End User’s access to Customer’s Account has been granted by an Administrator (defined below), that End User may copy, transfer or otherwise export Content from Customer’s Account. The subsequent suspension or termination of an End User’s access to Customer’s Account will prevent the End User from continuing to access such Content in the Customer’s Account, but such suspension or termination of access will not delete or otherwise affect any Content that such End User may have previously copied from or transferred out of the Customer’s Account.

If an End User has a personal service account that is not associated with Customer’s Account, Customer acknowledges that it does not and will not have any access to, rights in, or control over such End User’s separate service account. Customer agrees that its engagement hereunder is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written statements made by the Service regarding future functionality or features.


CUSTOMER'S OBLIGATIONS

Customer is responsible for (a) payment of all fees relating to Customer’s Account (“Fees”) and for any payment relating to Stamp Duty to be paid upfront within 14 days before such transaction is to be done of which if Spectre MD Sdn. Bhd. is charge penalty due to late payment of Stamp Duty fees due to such payment is received late from the Customer, Spectre MD Sdn. Bhd. shall forward such penalties incurred to the Customer; (b) administering all End Users' access to Customer’s Account and its Content through the Admin Console; (c) maintaining the confidentiality of the password of each Administrator Account; (d) maintaining accurate and current account and contact information for each Administrator Account; and (e) ensuring that any and all use of each Administrator Account complies with this Agreement and applicable laws. Customer may grant administrative privileges to multiple Customer personnel (each, an "Administrator") and shall be solely responsible for ensuring that it has designated necessary and appropriate individuals as Administrators and for removing administrative privileges from individuals who no longer require administrative privileges CUSTOMER ACKNOWLEDGES THAT IF NO ACCOUNT ADMINISTRATOR(S) IS/ARE ABLE OR WILLING TO FULFILL SUCH FUNCTION, AND/OR CUSTOMER OTHERWISE FAILS TO MAINTAIN CONTROL OF THE ADMINISTRATOR ACCOUNT(S), CUSTOMER MAY BE UNABLE TO ACCESS OR CONTROL ITS BUSINESS ACCOUNT; IN SUCH EVENT, CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ALL RESULTING LOSSES, COSTS AND EXPENSES. (See “Administrator Account Recovery” below for additional information.)

Customer acknowledges and agrees that prior to an End User using the Service, the Service will require each End User to accept the Terms of Service, and such Terms of Service will govern each End User's use of Evernote Business. Customer acknowledges that a violation of the Terms of Service by an End User may result in the termination of such End User's access to Customer’s Account or termination of Customer's Account. Customer shall not make any representation, warranty or guaranty for or on behalf of Spectre MD Sdn. Bhd., or otherwise obligate the Service in any manner, to any End User.

Customer may establish its own rules for End Users' access and use of Content in Customer's Account ("Customer Rules"). Any such Customer Rules shall only affect the relationship between Customer and its End Users. Without limiting the foregoing, Customer is responsible for determining and obtaining any permissions from End Users necessary to enable Customer to perform the administrative functions available through the Admin Console and enforce any Customer Rules. The Service shall not have any obligation or responsibilities to Customer or any End User with respect thereto, including, without limitation, any responsibility to assist Customer in enforcing any Customer Rules or taking any action that would be inconsistent with the Terms of Service or Privacy Policy.

Customer will prevent unauthorized use of its Service Account and Content and immediately terminate any unauthorized use of which it becomes aware. Customer will promptly notify Spectre MD Sdn. Bhd. of any unauthorized use of or access to the Service of which it becomes aware.


THIRD PARTY REQUESTS

Customer acknowledges and agrees that, as between the parties, it is responsible for responding to a request from a third party for records relating to Customer's or an End User's use of, or Content contained within, Customer’s Account (a "Third Party Request"). If Spectre MD Sdn. Bhd. receives a Third-Party Request (including but not limited to criminal or civil subpoenas or other legal process requesting Customer or End User information), Spectre MD Sdn. Bhd. will, to the extent allowed by the law and by the terms of the Third-Party Request, direct the Third Party to Customer to pursue the Third-Party Request. Spectre MD Sdn. Bhd. retains the right to respond to Third Party requests for Customer information where the Service determines, in its sole discretion, that it is required by law to comply with such a Third-Party request.


PAYMENT

Customer will be required to select its method of payment when Customer sets up its account. Administrators and Billing Contacts of our Service accounts may change payment information for the Service Accounts by contacting Spectre MD Sdn. Bhd.’s customer support. Billing Contacts will need to contact Customer Support and demonstrate to our Service’s satisfaction control of the payment method last used for Customer’s Account to make any changes. CUSTOMER ACKNOWLEDGES THAT CUSTOMER AND ITS END USERS MAY LOSE ACCESS TO ALL CUSTOMER ACCOUNT CONTENT IN OUR SERVICE IN THE EVENT THAT CUSTOMER FAILS TO PROVIDE TIMELY PAYMENT. Such access will be restored upon receipt of full payment. All payments under this Agreement are subject to the Commercial Terms.


TAXES

Customer is responsible for any taxes, including, without limitation, sales, use, excise, added value, withholding and similar taxes, as well as all customs, duties or governmental impositions and Customer will pay all Fees due hereunder without any reduction for Taxes. If our Service is obligated to collect or pay Taxes, Spectre MD Sdn. Bhd. will invoice Customer for the Taxes unless Customer provides Spectre MD Sdn. Bhd. with a valid tax exemption certificate by the appropriate taxing authority and/or other documentation providing evidence that no tax should be charged. If Customer is required by law to withhold any Taxes from its payments to our Service, Customer must provide Spectre MD Sdn. Bhd. with an official tax receipt or other appropriate documentation to support such purpose.


SUPPORT AND MAINTENANCE

Spectre MD Sdn. Bhd. will provide priority business support to Customer’s Administrator and End Users. Customer will, at its own expense, be responsible for providing support to its End Users regarding issues that are particular to their End Users' access of Customer’s Account (e.g., resetting passwords, suspending accounts, sharing Content, etc.). Customer will use commercially reasonable efforts to resolve any such support issues before escalating them to Spectre MD Sdn. Bhd.


DATA SECURITY

Spectre MD Sdn. Bhd. has implemented certain technical and organizational measures designed to prevent accidental loss of and unauthorized access to and use of Content stored in our Service. However, Spectre MD Sdn. Bhd. does not guarantee that unauthorized third parties will be unable to obtain access to our Service, and Customer acknowledges that all Content stored by Customer and its End Users in our Service is done so at Customer's and its End Users' own risk. In addition, Customer is responsible for ensuring that it has backed up its Content in the event of any loss of Content stored in our Service. In the event Spectre MD Sdn. Bhd. becomes aware that a third party has accessed without authorization to Customer's account or has obtained without authorization the credentials of an Administrator(s) for Customer’s account Spectre MD Sdn. Bhd. shall provide prompt notice to Customer’s Administrator(s) of such unauthorized access.


PRIVACY

By using our Service, Customer acknowledges, accept and agrees with all provisions of the Privacy Policy.

If Customer intends to enable use of our Service by End Users who are minors, Customer shall be responsible for obtaining any necessary parental / guardian or other permissions required under applicable laws prior to enabling such End Users' access or use of Customer’s Account. Customer must provide parents / guardians with a copy of our Service’s Privacy Policy when obtaining parental / guardian consent. Customer must keep all consents on file and provide them to Spectre MD Sdn. Bhd. upon request.


CONFIDENTIALITY

Each party undertakes not to disclose to any third party any information obtained from the other party (including, on the part of Spectre MD Sdn. Bhd., Customer Content and other information provided by Customer to our Service) that is designated as proprietary or confidential or which, by its nature, is manifestly apparent that it should be regarded as confidential or proprietary ("Confidential Information"), except that Spectre MD Sdn. Bhd. may access, disclose and share such Confidential Information of Customer and its End Users to the extent necessary in order to provide the Services hereunder and as disclosed in the Privacy Policy. Each party agrees that it shall use the same degree of care that it utilizes to protect its own Confidential Information of a similar nature to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into or the possession of persons other than those persons authorized under this Agreement to have any such information.

The confidentiality obligation in this Section does not apply to such information as the recipient can show has become known to it in a way other than having been provided under this Agreement or from the other party. Furthermore, Confidential Information may be disclosed insofar as such disclosure is necessary to allow a party to comply with applicable law, with a decision by a court of law or to comply with requests from government agencies or third parties that such party determines require disclosure, but then only after first notifying the other party of the required disclosure, unless such notification is prohibited. The foregoing confidentiality obligation shall apply for so long as the information constitutes Confidential Information.


TRADEMARKS

Spectre MD Sdn. Bhd. may, in its sole discretion, allow Customer to upload its logo or our Service trademarks (together, "Customer Trademarks") for display in the version of our service accessed by End Users of Customer's Account, either in conjunction with our Service 's trademarks or as a customer-branded service. Accordingly, Customer hereby grants Spectre MD Sdn. Bhd. a non-exclusive license to display, perform and distribute the Customer Trademarks and to modify (for technical purposes, e.g., making sure trademarks are viewable on mobile devices as well as computers) such trademarks solely in connection with making our Service available to End Users of Customer's Account.


INDEMNIFICATION BY CUSTOMER

To the maximum extent permitted by applicable law, Customer agrees to indemnify and hold Spectre MD Sdn. Bhd., its subsidiaries, affiliates, officers, agents, employees, and partners harmless from and against any and all liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to (i) any Loss of Administration or (ii) claims (a) made by End Users; or (b) made by any third party relating to Customer's use of and Customer's End Users' use of any of our Service in violation of this Agreement, the Terms of Service or applicable laws. In the event of such claim, we will provide notice of the claim, suit or action to Customer using the contact information we have for the account, provided that any failure to deliver such notice to Customer shall not eliminate or reduce Customer's indemnification obligation hereunder, except to the extent Customer can establish that it was prejudiced by such failure.


Ownership and Reservation of Your Documents

Our Service does not claim ownership of any documents/agreement that you either create or upload and store using our Services ("Documents"). You grant permission for our Service to use your Documents in connection with providing Services to you.

You acknowledge and agree that our Service may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following:

  1. to comply with legal process, applicable laws or government requests;
  2. to enforce these Terms;
  3. to respond to claims that any content violates the rights of third parties; or
  4. to protect the rights, property, or personal safety of our Service, its users and the public.

You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that our Service has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Services.


Digital Signature Legality

Digital signature is governed under The Digital Signatures Act 1997 (“DSA”) and is defined as “a transformation of a message using an asymmetric cryptosystem (an algorithm or series of algorithms which provide a secure key pair) such that a person having the initial message and the signer’s public key can accurately determine (a) whether the transformation was created using the private key that corresponds to the signer’s public key and (b) whether the message has been altered since the transformation was made.”

Under Malaysian law, a written signature is not necessarily required for a valid contract - contracts are generally valid if legally competent parties reach an agreement, whether they agree verbally, electronically or in a physical paper document (The Contracts Act 1950 and applicable common law). The Electronic Commerce Act 2006 (“ECA”) specifically confirms that contracts cannot be denied enforceability merely because they are concluded electronically. To prove a valid contract, parties sometimes have to present evidence in court. Leading digital transaction management solutions can provide electronic records which may be admissible in evidence under the Evidence Act 1950, to support the existence, authenticity and valid acceptance of a contract.

For a digital signature to be valid under the DSA, it must meet the following three requirements:

  1. The digital signature must be verified by reference to the signer’s public key, which must be listed in a valid certificate issued by a licensed certificate authority.
  2. The signer must affix his or her digital signature to the document to be signed with the intention of signing that document.
  3. The recipient must have no knowledge or notice that the signer:
    • 1. Has breached his or her legal duties under the DSA as an owner of a digital certificate (for example, by failing to take reasonable care to secure his or her private key).
    • 2. Does not rightfully hold the private key used to affix the digital signature.

The licensed certificate authorities in Malaysia are:

  1. Pos Digicert Sdn Bhd (457608-K)
  2. MSC Trustgate.com Sdn Bhd (478231-X)
  3. Telekom Applied Business Sdn Bhd (455343-U)
  4. Raffcomm Technologies Sdn Bhd (1000449-W)

Currently, there are no recognized foreign certificate authorities in Malaysia.


Assessment and Payment System of Stamp Duty

Stamp Duty is charge for various instruments/documents as stated in Stamp Act 1949. It certifies the validity of the instruments/documents for legal purposes


iSTAMPS

iSTAMPS is an Electronic Stamp Duty Assessment and Payment System via internet. This method will replace your manual payment system in LHDNM’s counter which use Franking Machine and Revenue Stamp. Franking Machine and Revenue Stamp will be replaced by receipt/stamp certificate which is generated by STAMPS.

Receipt or stamp certificate for Stamp Duty assessment will be issued and self-print when payment has been confirmed and received by LHDNM.



User Guide for Financial Institutions

BANK NEGARA MALAYSIA RISK MANAGEMENT IN TECHNOLOGY (RMIT)

Quick start guides to assist Malaysian financial institutions (FIs) in Technology (RMiT) policy documents and describes the set of steps that FIs should follow to launch regulated workloads on our Service.

  1. Authorise, Security & Compliance Cloud Service Provider (CSP) - (BNM Outsourcing, part B, sections 9.1 – 9.5, and BNM RMiT, part B, section 10.49).
  2. Execute an outsourcing agreement legally enforceable - (BNM Outsourcing, part B, sections 9.6 & 9.7).
  3. Assess the outsourcing arrangements & systems - (BNM Outsourcing, part B, section 8.7 and Appendix 4, and BNM RMiT, part B, section 10.50).
  4. Obtain regulatory approval - (BNM Outsourcing, part C, sections 12.1 – 12.6) and (BNM RMiT, part B, sections 10.50 & 10.51). Our Service through our partner AWS can support you by providing responses to any questions that relate to your use of our services or that would be part of the AWS's scope of responsibilities.
  5. Establish security measures - (BNM Outsourcing, part B, section 11.1, and BNM RMiT, part B, section 10.53).

Payment Terms and Conditions
  1. Any additional adjustment to the agreement template including errors under user’s responsibility will involve a fee of RM10 per page.
  2. Once user has made payment and complete the agreement process from creation to digital signing and online stamping, no cancellation of the contracts will be able to take place. User is required to start the process again from the beginning in order to complete the agreement document.
  3. User may still be able to do amendments while the document status is still in draft process and no official payment has been made using online transaction. However, user who has gone the complete process up to digital signing and online stamping will not be able to cancel the agreement document process.
  4. FPX charges by third party payment gateway provider will be reflected in user’s bill during the payment process.
  5. After user has completed the template acceptance form, any changes after the process will be considered as a new template with the determined charges.
  6. User must complete the payment within 14 days after the invoice has been issued.

Disclaimer & Limitation of Liability

Spectre MD Sdn. Bhd. makes no guarantee that our service will satisfy your needs, that it will be secure, timely, uninterrupted, or error-free, or that any data, content, information, software, or other materials accessible on or via our service are true, accurate, or free of viruses or other harmful components. In order to meet your specific needs for data input and output accuracy, you must implement enough procedures and checkpoints. You must also maintain a method outside of our Service for recovering any lost data. All use of our Service is at your own risk and you are solely responsible for all damages resulting there from. SpectreMD makes no representations or warranties as to the quality of any connection to or any transmission over the Internet. You specifically agree that SpectreMD is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. If you are dissatisfied with our Service, the materials available or with the provisions of this T&C, you agree that your sole and exclusive remedy is to discontinue using our Service. SpectreMD will take reasonable measures to maintain the privacy and security of all private information provided by you to our Service, but third parties (such as hackers) may breach or attempt to breach our security measures or may gain unauthorised access to our database or other equipment containing your information. You agree that SpectreMD shall not be liable for damages of any.