Employer

TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS GOVERN THE USE OF BAYO CREDEX SDN BHD’S PRODUCTS AND SERVICES (“SERVICES”) VIA BAYO CREDEX SDN BHD’S WEBSITE OR MOBILE APPLICATION (“CREDEX PLATFORM”).


BY ACKNOWLEDGING THE RECEIPT AND/OR USE OF THE SERVICES IN SUCH FORM AND/OR MANNER AS DETERMINED BY BAYO CREDEX, YOU (AS A PERSON WHO INTENDS TO OBTAIN AND RECEIVE THE CREDEX SERVICES) (“USER”) AGREES TO ACCEPT THE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS WHICH FORM A BINDING CONTRACT BETWEEN BAYO CREDEX AND THE USER. BAYO CREDEX RESERVES THE RIGHT TO AMEND, VARY AND/OR SUPPLEMENT THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT A PRIOR NOTICE TO BE GIVEN TO THE USER.


IF THE USER DOES NOT UNDERSTAND ANY OF THE TERMS AND CONDITIONS, THE CUSTOMER AND/OR USER MAY CONTACT BAYO CREDEX’S CUSTOMER SERVICE FOR CLARIFICATIONS.


  1. THE SERVICES
    1. Bayo Credex agrees to provide the services to an employer, which implement an “Earned Wages Access Programme” for its eligible employees (“EWA Programme”) and such employer has entered into a service agreement with Bayo Credex for the implementation of the EWA (“Registered Employer”).
    2. For the purpose of providing the services on the implementation of the EWA Programme (“Services”), Bayo Credex agrees to give an access to and usage by the User the following:
      1. Bayo Credex’s Website (www.credex.my) (“Credex Website”); and/or
      2. Bayo Credex’s mobile application software (“Credex App”),
      as developed and operated by Bayo Credex (including any improvement and/or modifications to be made from time to time (collectively “Credex Platform”).
    3. The Services are to be provided to the User, who shall be at all time under the employment of the Registered Employer. The User shall be approved by the Registered Employer to be registered to and have access to and use the Services.
  2. REGISTRATION, ELIGIBILITY AND ISSUANCE
    1. The Application for the access and use of the Services by the User shall be made by way of an online application via Credex App.
    2. Upon completion of the registration by the Registered Employer, the User is required to register for the first time using the User’s phone number and identity identification number for the purpose of verification. The User will be required to set his/her Username and Password accordingly in accordance with the requirements and manner as set-out in the Credex App.
    3. For the purpose of conducting Bayo Credex’s business (including relevant online services), Bayo Credex may collect from the User and hold some or all of the personal data such as, but not limited to, the following, to enable Bayo Credex to provide the relevant services to the User:
      1. name as per the identification document;
      2. gender;
      3. contact details, including address, telephone number and email address;
      4. information for the verification of identity, including the type of identification document and identification number;
      5. age and date of birth;
      6. occupation; and/or
      7. nationality.
    4. The User is required to provide true, accurate, correct and complete personal details as a condition for Bayo Credex to provide the Services. Bayo Credex shall not be liable for any loss, damages, implication, cost and/or expenses that may arise as a result of any mistake or erroneous information of any details as contained and/or provided by the User in the application.
    5. In the event Bayo Credex at any time discovers that the Registered Employer and/or the User has created a forged application and/or used inaccurate, forged and/or false data and/or information in their respective applications for the Services, Bayo Credex has the absolute right and at its absolute discretion to suspend or terminate the User’s account or refuse any current or future use of the Credex Platform by the User and/or cease any provision of the Services to the User.
  3. THE USER’S OBLIGATIONS

    The User represents that he/she:

    1. has the legal capacity enter into this legal relationship with Bayo Credex;
    2. shall not access the Credex Platform through automated or non-automated or non-human means, whether through a bot, script or otherwise;
    3. not to use any of the Services and/or the Credex Platform for illegal activities or allow any other person to use his/her account in the Credex Platform for illegal activities;
    4. will not tamper personal identification numbers (PINs) or any other codes that is used to access to the Credex Platform;
    5. shall notify Bayo Credex promptly in writing of any changes to his/her particulars as provided to Bayo Credex during the process application with, reverse-engineer or copy, or allow another to do the same, to the Credex Platform;
    6. shall maintain adequate security and control of any and all identification identity (IDs), passwords, registration and to further provide other details to Bayo Credex which may requested by Bayo Credex from time to time;
    7. acknowledges that Bayo Credex may have to act promptly and on limited information if there is a suspicion of fraud, money laundering or other illegal activities
    8. shall not access, store, distribute or transmit any viruses and/or malware or any information or material during the utilisation of the Services that is unlawful, immoral, unethical, defamatory, disparaging or socially unacceptable;
    9. shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Credex Platform in any form or media or by any means;
    10. shall not de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to machine readable form all or any part of the Credex Platform or build a product or service which is similar to or which competes with the Services; and
    11. shall not introduce or permit the introduction of, any virus and/or malware into the Credex Platform.
  4. ARRANGEMENT AND OPERATION OF THE EWA PROGRAMME

    By registering, accessing and using the Services through the Credex Platform:

    1. the User acknowledges that Bayo Credex may conduct one or more credit checks on the User with the Central Credit Reference Information System, CTOS Digital Berhad, Bank Negara Malaysia and any other licensed credit reporting agency (collectively “Reporting Authorities”);
    2. the User consents to and permit Bayo Credex to carry out all such actions as referred to in Clause 4(a) above as may be required for such purpose and the User undertakes that he/she shall execute and deliver within such period as may be notified by Bayo Credex the relevant documents evidencing the relevant permission and/or consents as may be required by such Reporting Authorities;
    3. the User shall ensure that his/her login credentials, password and all information in respect of the Services (“Platform Security Access Procedures”) are kept secure and confidential for the purpose of the access to and use of the Services;
    4. the User shall notify Bayo Credex immediately if any of the System Security Access Procedures is misused or used by any unauthorised person or any suspected problem with the Credex Platform in relation with the Platform Security Access Procedures;
    5. the User shall promptly notify Bayo Credex in writing of any changes of his/her employment status with the his/her Registered Employer including any change and/or variation of the salary amounts, suspension and/or termination of his/her employment with the Registered Employer;
    6. the User acknowledges and agrees the usage of the Services by the User in connection with the EWA Programme with his/her Registered Employer would entail the following arrangement, procedures and/or operation:
      1. any payment of the earned salary or wages of the User with his/her Registered Employer made by Bayo Credex pursuant to the request by the User through the Credex Platform and such payment shall be subject to the procedures, limit of entitlement and other terms and conditions as imposed by Credex and the User’s Registered Employer (“EWA Withdrawal”);
      2. from the request made by the User of the EWA Withdrawal, Credex will make the payment or disbursement to the User and the maximum aggregate amount for such payment or disbursement in respect of a Registered User for a particular calendar month is fifty percent (50%) of his/her earned full salary or wages for such calendar month with the Registered Employer or Ringgit Malaysia Two Thousand (RM2,000) per User, whichever is lower;
      3. for each EWA Withdrawal, a fee of RM9 shall be imposed to the User (“Withdrawal Fee”) and the Withdrawal Fee shall be deducted from the Withdrawal Amount from each payment or disbursement and Bayo Credex shall be entitled to retain such Withdrawal Fee for its own benefit;
      4. the User agrees that the Withdrawal Amount (being part of the User’s full salary for a calendar month) is an advance given by his/her Registered Employer to the User prior to his/her full entitlement of the full salary for the such calendar month under the EWA Programme and the User irrevocably authorizes his/her Registered Employer to deduct his/her full salary for such month equivalent to the Withdrawal Amount.
  5. DIGITAL SIGNATURES AND ELECTRONIC CONTRACT
    1. Instructions and communications digitally signed and supported by digital certificate or electronic key will have the same legal effect, validity and enforcement as if signed in writing.
    2. The User acknowledges and satisfies that electronically executed contracts are enforceable and all with the legal risks associated with such contracts.
  6. WEBSITE
    1. For the more efficient access to the Credex Website, ‘cookies’ may be temporarily put on the User’s computer. The User may disable the cookies but in doing so, the User may not be able to access to all the Services.
    2. Some links under Credex Website leads to websites not under the control of Bayo Credex. Bayo Credex is not responsible for such websites nor to their contents.
  7. TERMINATION OF THE SERVICES
    1. Bayo Credex also reserves the right to terminate, delay, or suspend your access to and any use of the Credex Platform if Bayo Credex finds or believes that:
      1. any information provided by you is untrue, inaccurate, not current, or incomplete; or
      2. there has been fraudulent or suspicious activity related to the User’s account with Bayo Credex;
      3. the User breaches any of the Terms and Conditions or the breaches of any of the terms and conditions of the agreement between the Registered Employer and Bayo Credex;
      4. if by complying with the Terms and Conditions may cause Bayo Credex to breach a regulatory requirement of any authority or order or sanction of any authority.
    2. You hereby agree to release Bayo Credex from any liability and to indemnify Bayo Credex and hold it harmless against any claims or demands whatsoever arising directly or indirectly from the suspension of, withdrawal of or refusal to effect any transaction on the User’s account with Bayo Credex including any purported claim for defamation or any losses whatsoever.
    3. Upon termination of the Services, the User shall promptly follow the instruction of Bayo Credex in connection with terminating the Services and/or closing the User’s account with Bayo Credex.
  8. LIABILITY AND INDEMNITY
    1. Bayo Credex, its officers, employees, and/or its affiliates shall not be liable to the you or any third party authorised by or claiming through you for any loss or damage, whether direct, indirect, special or consequential, or for loss of business, revenue or profits or of any nature suffered by you or any person authorised by you, or any loss, damage or injury caused to or suffered by a person or damage to property arising from or occasioned by the use of the Platform.
    2. The User agrees to indemnify, hold harmless and defend Bayo Credex and its affiliates against any loss and damage that may be the caused from or relating to:
      1. the conduct of any User on the Credex Platform;
      2. any delays on the use of Credex Platform due to factors beyond the control of Bayo Credex;
      3. delayed or inaccurate information received due to the failure or disruption of the communications used by Bayo Credex to provide the Services to the User; and
      4. all loss or damage caused by any fraudulent activities resulting from the theft or unauthorized disclosure of the User’s login information.
  9. DISCLAIMER
    1. The Services, all materials and information provided in the Credex Platform are provided “as is” and “as available” basis, which is without warranty of any kind, either express or implied.
    2. Specifically, Bayo Credex does not make any warranties or representations about the accuracy or completeness of the material provided.
    3. The Terms and Conditions may be revised by Bayo Credex from time to time without prior notice.
    4. By continuing to the use of the Credex Platform, the User bound by the latest version of the Terms and Conditions.
  10. PROTECTION OF PERSONAL INFORMATION
    1. Bayo Credex shall be provided and obtained the User’s personal information in order to provide the Services to the User.
    2. Bayo Credex only uses any personal data collected through your use of the Credex Platform in the ways set out in Bayo Credex’s Privacy Policy.
    3. Bayo Credex will not sell or rent personal information to third parties without the User’s consent.
    4. Bayo Credex will erase the User’s personal data which is no longer necessary for the fulfilment of the purposes for which it is to be used.
    5. The User also has the right to ask Bayo Credex to correct any personal data which is considered inaccurate by informing Bayo Credex in writing.
  11. TRADEMARKS, LOGOS AND THE COPYRIGHT
    1. The trademarks, logos and the copyright of the content or information on the Credex Platform are owned by Bayo Credex or other service providers authorising their use on the Credex Platform. These may not be used without the written permission of Bayo Credex or the relevant intellectual property rights’ owner.
    2. No part of Credex Platform may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way or for any purpose without Bayo Credex’s prior written consent.
    3. No party Is allowed to use any electronic communication feature in the website for any purposes that is unlawful, tortuous, abusive, and intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, or threatening.
    4. Bayo Credex reserves the right to file the appropriate criminal and/or civil complaints as prescribed under the law.
  12. RECORD

    All records of Bayo Credex is connection with the instructions by the User, reports, certificates and/or other information as provided and/or obtained pursuant to the provisions of the Services are based on the records as kept and maintained by Bayo Credex and are conclusive in the absence of manifest error.

  13. NOTICE

    All notices, requests and/or other communications to Bayo Credex must be communicated to the following address:

    Customer Service Department
    Bayo Credex Sdn Bhd
    No. 72-3, Jalan PJU 5/22, Encorp Strand
    Pusat Perdagangan Kota Damansara
    Kota Damansara PJU5
    47810 Petaling Jaya, Selangor

    Tel No.: 603 – 8602 9225
    Fax No.: 603 – 7662 1264
    Email: support@credex.my

  14. SEVERABILITY OF PROVISIONS

    If any of the provision of the Terms and Conditions becomes or determined to be invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected, and all other provisions of the Terms and Conditions will still be valid and enforceable.

  15. GOVERNING LAWS AND JURISDICTION

    The Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. The User consents and agrees to submit to the exclusive jurisdiction of the Courts of Malaysia concerning all matters arising out of or in connection with the use of the Services and/or the Credex Platform under the Terms and Conditions.