Terms of Service

These terms of use ("Terms") govern the relationship between you and NixFrontier Group Sdn Bhd ("we," "us," or "our") concerning the services provided by our platform ("Services").

By clicking the acceptance checkbox or accessing the Services, you acknowledge and agree to be bound by these Terms, which take legal effect as of the date of acceptance.

1. Scope of Services

• We provide the Services to you in accordance with these Terms, including the Service Level Agreement in the Appendix of these Terms, which form an integral part of these Terms.
• You shall use the Services solely for its legitimate business purposes, including identity verification and regulatory compliance, as permitted under applicable laws.

2. Account Creation

• To access many of our Services, you will need to have a registered and verified account. You may register by creating unique login credentials (e.g. username and password) on our website or by signing in through an existing email account, where applicable.
• By assessing our Services, you agree to:
  • provide accurate, complete, and up-to-date information for account creation and use of certain Services;
  • ensure that your use of the platform or its associated systems complies with our policies and all applicable laws and regulations;
  • use the platform or its associated systems in a manner that does not infringe upon the rights of others, including privacy, intellectual property, and contractual rights;
  • use the platform or its associated systems solely for its intended purpose, without engaging in any fraudulent, misleading, or unauthorised activities;
  • maintain the security of your account by keeping your login credentials confidential and preventing unauthorised access;
  • refrain from selling, transferring, or allowing any third party to access your account or login credentials;
  • promptly notify us of any unauthorised use, security breaches, or other irregularities related to your account; and
  • refrain from interfering with or disrupting the integrity, security, or performance of the platform or its associated systems.
• We send account-related, legal, and service notifications to the email address registered with your account. These communications may contain important information, so it is important for you to ensure that your registered email address remains current and verified.

3. Accounts Termination

Violation of any provision of these Terms will result in the automatic termination of your authorisation to access the Services. We reserve the right, at our sole discretion, to suspend or terminate these Terms, your account, or your access to the Services at any time, with or without cause or prior notice.

4. User Acceptable Use of Services

By using the Services, you agree to:

• promptly update any information provided to ensure its continued accuracy and completeness;
• ensure that your use of the Services complies with our policies and all applicable laws and regulations;
• obtain all necessary consents from third parties before submitting their data to the platform or its associated systems, and ensure such data is accurate and lawfully provided;
• refrain from engaging in fraudulent activities, including but not limited to impersonating any person or entity, misrepresenting your affiliation, accessing another user's account without authorisation, or providing false information such as an incorrect age or date of birth; and
• refrain from interfering with or disrupting the integrity, security, or functionality of the Services.

5. Payment

• Payment terms, including invoicing frequency, payment amounts, and due dates, shall follow the package you have selected.
• Payment shall be made in Malaysian Ringgit (MYR) and shall include any applicable taxes imposed under the applicable law. You are responsible for the full settlement of all applicable fees, taxes, and any additional charges related to the services provided.
• We may suspend or limit access to the system and the Services if any payment remains outstanding, until full settlement. We may charge interest on overdue amounts at 0.1% per day or the maximum rate permitted by law, whichever is lower, from the due date until full payment, before or after judgment.
• We utilise third-party payment processors to facilitate transactions. By using the payment processing services, you agree to be bound by the terms and conditions imposed by the payment processors. You consent and authorise us to delegate necessary authorisations and share relevant information with the third-party service providers to the extent required to process your payment securely.

6. Representations and Warranties

You represent and warrant to us, and we rely on such representations in full, that as of the effective date of these Terms:

• You have the full legal right, authority, and capacity to enter into these Terms, exercise your rights, and fulfill your obligations under them;
• If you are entering into these Terms on behalf of a legal entity, you have the full legal right, authority, and capacity to bind the legal entity to these Terms;
• Any information, documents, or materials you provide to us are accurate, complete, and not misleading; and
• These Terms constitute a legal, valid, and binding agreement enforceable against you.

7. Disclaimer and Limitation of Liability

• The Services are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied. We do not guarantee that the Services will be uninterrupted, error-free, or suitable for your specific needs. To the maximum extent permitted by the law, we are not liable for any error, delay, issue, or damage arising from your access to, use of, or inability to access or use the Services. We have no obligation to provide support, maintenance, or updates for the Services. We make no representation that the Services are appropriate or available for use in your jurisdiction. If access to the Services is prohibited in your jurisdiction, you must not access or use them.
• To the maximum extent permitted by the law, we shall not be liable for:
  • any error, delay, issue, or damage resulting from incorrect, incomplete, or outdated information provided to us;
  • any unauthorised use or misuse of the Services;
  • any unauthorised access to the Services caused by your negligence;
  • any loss or damage arising from your sharing of login credentials with others or failure to maintain the confidentiality of your account and login credentials;
  • any loss or damage arising from our reliance on any communication that we reasonably believe to be genuine and issued by an authorised representative of you;
  • any loss or damage arising from the content available on our website and platform;
  • any error, delay, issue, or damage arising from the quality, reliability, timeliness or accuracy of the services provided by any third-party service provider;
  • any error, delay, issue, or damage arising from your access to, use of, or inability to access or use the services provided by any third-party service provider; and
  • any indirect, incidental, exemplary, punitive, or consequential loss or damage of any kind.
• To the fullest extent permitted by the law, our liability for any claim is limited to the amount paid to use the Services.
• You are solely responsible for your use of the Services and agree to defend, indemnify, and hold us harmless from and against any claim, liability, damages, loss, and expense (including reasonable legal fees and costs) arising from or related to:
  • your unauthorised use or misuse of the Services;
  • your violation of any provision of these Terms (including any representation and warranty), our policies, and all applicable laws and regulations;
  • your infringement or violation of any third-party rights, including intellectual property, confidentiality, privacy, or other proprietary rights; and
  • any dispute or issue between you and any third party.
• This limitation of liability and indemnification provision shall survive the termination of these Terms.

8. Termination

• We may terminate the these Terms under the following circumstances:
  • upon mutual agreement between you and us;
  • if you commit or permit a material breach of any obligation under these Terms and fail to remedy such breach (if capable of remedy) within sixteen (16) days from the date of written notice requiring its rectification;
  • if you become insolvent, enters liquidation, or ceases to conduct business;
  • if your action is deemed likely to expose us to legal liability;
  • if you are found to have created account using false, fraudulent, or inaccurate information; or
  • if you fail to remit payment for accrued fees despite receiving two (2) written reminders from us.
• Either party may terminate these Terms by providing the other party with sixty (60) days' prior written notice.
• Upon termination, the outstanding fees shall remain payable.

9. Confidentiality

• Unless required by the law, a court order, or a directive from a competent regulatory or governmental authority, you shall not make, authorise, or permit any public statement or disclosure regarding these Terms without our prior written approval. The confidentiality obligations shall survive after termination of these Terms.
• We may use your trademarks, including logos, in our promotional and marketing materials, website, and other public communications to identify you as our counterparty.

10. Ownership and Licensing

You are granted a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services for the duration of these Terms. All visual interfaces, graphics, designs, compilations, information, data, computer code, software, the Services, templates, documents, and other elements made available through our platform or its associated systems are the property of us or that of third-party licensors (as the case may be) and are protected by intellectual property laws and other applicable regulations. You are not permitted to use, reproduce, modify, distribute, or create derivative works based on any part of the Services without our prior written consent.

11. Data Protection and Privacy

You consent and appoint us to our processing of the information you provide, including personal data collected in your capacity as a data collector, for purposes directly related or incidental to the Services.

12. General Provisions

• Time of Essence: Time shall be of the essence in the performance of all obligations under these Terms.
• Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by the law.
• Variation: We reserve the right to modify, suspend, or discontinue the Services, in whole or in part, at any time without prior notice or liability. These Terms may be updated periodically, and your continued use of the Services following any changes constitutes your acceptance of the revised Terms.
• Entire Agreement: These Terms constitute the entire agreement between you and us, superseding all prior understandings, communications, representations, or agreements, whether written or oral, relating to the subject matter herein.
• No Partnership: Nothing in these Terms shall be construed as creating a partnership, joint venture, or unincorporated consortium between you and us.
• No Novation and Assignment: You may not novate, assign, or transfer any of your rights or obligations under these Terms, in whole or in part, to any third party without our prior written consent.
• Force Majeure: We shall not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to hacking, cyber-attacks, data corruption or loss, acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labour disputes, fires, floods, accidents, governmental actions, or any other unforeseen circumstances that prevent or hinder performance.
• Binding Effect: These Terms shall be binding upon the successors-in-title and assigns of the parties.
• Waiver: Any waiver of a right or remedy under these Terms must be expressly made in writing. A delay, omission, or failure by us to exercise any right or remedy shall not constitute a waiver of that or any other right or remedy.
• Survival of Provisions: Any provision of these Terms that, by its nature, remains applicable after the termination or completion of these Terms shall continue in full force and effect.

13. Notice

• All communications, including notices, consents, and other official correspondence under these Terms, shall be in writing and delivered via electronic mail. Communications to you shall be sent to the email address registered under your account settings, while communications to us shall be directed to our designated email address, communication@nixfrontier.com.
• Notices sent by electronic mail shall be deemed duly given upon successful transmission.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Malaysia.

15. Dispute Resolution

• In the event of any dispute arising between you and us in connection with these Terms, either party may, upon written notice, request good-faith discussions to resolve the dispute within fifteen (15) days of receiving such notice. If the dispute is not resolved within this period, either party may refer the matter to arbitration for resolution.
• Any dispute arising out of or in connection with this Agreement shall be referred to and resolved by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre ("AIAC"). The place of arbitration shall be the AIAC, and the language of the arbitration shall be English. The tribunal shall consist of one (1) arbitrator, who shall be appointed by us. The decision of the arbitrator shall be final and binding, subject only to appeal in the case of manifest errors. The costs of the arbitration shall be borne by the arbitrator in his or her discretion.
• While a dispute is being resolved, each party shall continue to fulfil their obligations under these Terms, regardless of any ongoing proceedings, unless otherwise agreed in writing.