2. Use, Access and Ownership of the Website

2.1. The User shall use the Website solely for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, the User shall not:

• (a) attempt to gain unauthorised access to, interfere with, or disrupt the Website, its servers, or connected networks;
• (b) introduce, upload, or transmit any virus, malware, or other harmful code;
• (c) use the Website in a manner that infringes the rights of PFB or any third party or that violates any applicable law or regulation;
• (d) engage in automated data mining, scraping, extraction, or collection of information from the Website without PFB’s prior written consent;
• (e) use the Website for fraudulent or unlawful purposes or for any purpose inconsistent with the nature and purpose of PFB’s services; or
• (f) provide false, inaccurate, misleading, or unauthorised information through or via the Website.

2.2. The User shall not bypass, disable, compromise, or otherwise interfere with any security measures or technical protections implemented on the Website.

2.3. PFB strives to maintain accessibility to the Website. In the event of any technical difficulties, the User may contact PFB via email at [email protected] for assistance.

3. Privacy and Personal Data

3.1. The User’s privacy is important to PFB. Any personal data provided through the Website shall be collected and processed in accordance with PFB’s Privacy Policy and applicable laws.

3.2. By continuing to use the Website and providing such information, the User acknowledges having read and understood PFB’s Privacy Policy and that personal data will be processed (and, where applicable, transferred cross-border) in accordance with that policy.

4. Intellectual Property Rights

4.1. All content made available on or through the Website, including, without limitation, the name “Provident Fiduciaries Berhad”, PFB’s logo, trade name, website design, layout, text, graphics, branding, underlying code, and any other materials made available, is the property of PFB or is licensed to PFB for use. Such content is protected by copyright and other intellectual property rights under the laws of Malaysia and, where applicable, other jurisdictions.

4.2. The User shall not reproduce, copy, distribute, display, publish, modify, transmit, republish, or create derivative works from any part of the Website or its content, except as expressly authorised in writing by PFB.

4.3. The User shall not remove, alter, or obscure any copyright notices, proprietary legends, or branding displayed on the Website.

4.4. PFB respects the intellectual property rights of others and expects the User to do the same. Any unauthorised use of PFB’s content, or any conduct that infringes the proprietary rights of PFB or any third party, or that otherwise breaches applicable laws, may result in civil or criminal liability, in addition to any remedies available to PFB at law or in equity.

5. Disclaimer and Website Availability

5.1. All materials, information, and content made available on or through the Website, including but not limited to descriptions of services, text, images, graphics, layout, and other materials, are provided on an “as is” and “as available” basis. Such materials are intended solely for general informational purposes and shall not, under any circumstances, be construed as an offer, solicitation, representation, or professional advice by PFB.

5.2. While reasonable efforts are made to ensure the accuracy, currency, and completeness of the information provided, PFB makes no warranties, express or implied, as to the reliability, suitability, timeliness, or availability of any content on the Website. No assurance is given that the content is free of inaccuracies, omissions, interruptions, errors, or typographical defects. All access to and use of the Website is at the User’s own risk.

5.3. The User shall be solely responsible for evaluating the relevance and appropriateness of any material or information published herein and is advised to seek independent advice prior to making any decisions based on such content.

5.4. PFB does not warrant that access to the Website will be uninterrupted or free from defects, errors, viruses, or other harmful components. PFB shall not be liable for any damage, loss, or liability (whether direct, indirect, incidental, or consequential) arising from any failure, interruption, corruption, or unavailability of the Website or any reliance placed upon its content. For the avoidance of doubt, PFB shall not be responsible for any delay, disruption, or unavailability of the Website caused by events or circumstances beyond its reasonable control.

5.5. PFB disclaims all liability for any consequences arising from or in connection with the unauthorised use, modification, or distribution of the Website or any part thereof. All content remains subject to the intellectual property rights set out in Section 4 of these Terms of Use.

6. Hyperlinks and Third-Party Sites

6.1. The Website may include hyperlinks or references to external websites operated by third parties. These links are provided solely for the User’s convenience and informational purposes.

6.2. PFB does not operate or control any third-party websites and makes no representations or warranties in respect of their content, availability, accuracy, security, or suitability for any purpose. The inclusion of any link, whether presented as text, logo, image, or other reference, shall not be construed as an endorsement or approval by PFB of the linked website, its operators, or any products or services referred to therein.

6.3. If the User chooses to access any third-party website, the User does so entirely at the User’s own risk. The User shall be responsible for taking appropriate precautions to protect the User’s systems from viruses, malware, or other potentially harmful elements.

6.4. The display of any third-party trademarks, trade names, logos, or copyright materials on the Website, including through linked references, is for identification or convenience only. Such display shall not imply any association, endorsement, sponsorship, or licence between PFB and the owners of those rights, nor shall it confer any rights on those parties to use the intellectual property of PFB.

6.5. The User’s use of any third-party website is subject to the terms and conditions imposed by the relevant third party, and PFB shall not be liable for any loss or damage arising from the User’s access to or use of such sites.

7. Limitation of Liability

7.1. To the fullest extent permitted by law, PFB excludes all representations, warranties, conditions, and other terms, whether express or implied, that may apply to the Website or any content made available on or through it.

7.2. To the fullest extent permitted by law, PFB shall not be liable, whether in contract, tort (including negligence), strict liability, or otherwise, for any loss of profits, loss of revenue, loss of data, or for any indirect, incidental, special, consequential, or punitive damages, arising out of or in connection with the User’s access to, use of, or inability to use the Website, or reliance on its content.

7.3. Nothing in these Terms shall exclude or limit liability for fraud, fraudulent misrepresentation, gross negligence, death or personal injury caused by negligence, or breach of statutory duties under applicable law, including the Consumer Protection Act 1999 and the Personal Data Protection Act 2010.

7.4. In addition, nothing in these Terms shall exclude or limit liability where it would be unlawful for PFB to do so.

8. Indemnity

8.1. The User agrees to indemnify and hold harmless PFB, including its directors, officers, employees, and authorised agents, from and against any and all claims, demands, liabilities, losses, costs, expenses, damages, and legal fees that arise out of, or in connection with, the User’s breach of these Terms or the User’s negligent or wilful misconduct in using the Website.

9. Communications and Notices

9.1. All communications, notices, or updates relating to these Terms or to the operation of the Website may be provided electronically, including by publication on the Website, which shall constitute sufficient notice to the User. PFB may also contact the User using the information provided through the Website.

9.2. Any notice published on the Website shall be deemed effective upon publication unless otherwise stated.

10. Waiver

10.1. A failure or delay by PFB in exercising any right, power, or remedy under these Terms shall not constitute a waiver of that right, power, or remedy. Any waiver shall be effective only if made expressly in writing and shall not operate as a waiver of any subsequent or continuing breach or default.

11. Miscellaneous

11.1. PFB reserves the right to modify, suspend, or discontinue the Website, or any part of its content or functionality, at any time without notice.

11.2. Nothing in these Terms shall prejudice PFB’s right to comply with applicable laws, regulations, directives, or requirements of any governmental or regulatory authority.

11.3. These Terms constitute the entire agreement between PFB and the User in relation to the use of the Website and supersede any prior representations or understandings relating thereto.

12. Governing Law and Jurisdiction

12.1. These Terms of Use, the User’s use of the Website, and any disputes or claims arising out of or in connection with them (including those relating to PFB’s Privacy Policy) shall be governed by and construed in accordance with the laws of Malaysia.

12.2. Any dispute or claim arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.