PERSONAL DATA PROTECTION NOTICE FOR MyPesara MOBILE APPLICATION

1. Kumpulan Wang Persaraan (Diperbadankan), its respective wholly-owned subsidiaries (which will include but not limited to, KWEST Sdn Bhd) and special purpose entities (collectively “KWAP”, “we”, “us” or “our”) will process your personal data for purposes of your use of the MyPesara mobile application (“MyPesara App”) and the services provided therein. Your personal data will be obtained from:
  • the forms and supporting documents that you had filled / submitted, have to or may be required to fill / submit;
  • you when you create and/or log into your account on the MyPesara App, including when you choose to connect your account with an external third-party service application;
  • your interaction and communication with KWAP through various methods including emails, social media and letters, telephone calls and conversations you have with KWAP’s personnel and/or our authorised agents, whether via the MyPesara App or otherwise;
  • your participation in any contests and/or events organised by us; and/or
  • the public domain and third parties such as statutory bodies, or government agencies and/or service providers.
2. Your personal data that could be collected and processed includes but is not limited to the following:
  • your identity and background (including your name, NRIC / passport numbers or copies thereof, occupation, designation, place of work or study, date of birth, age, gender, race, religion, nationality, academic information, information regarding social media, user identification (ID) and account, photograph, and medical information)
  • your pension information (including your pension number, year of retirement, last wages);
  • your contact information (including your telephone number, email, mailing addresses and fax number);
  • information of your family or next-of-kin (including their name, relationship with you, their NRIC / passport numbers or copies thereof, age, gender, date of birth and occupation);
  • your emergency contact information (including their name, relationship with you and NRIC / passport numbers or copies thereof);
  • information generated from your use of the MyPesara App on your device, including information obtained from unique identifiers such as location data, your IP address, the time and date you visit the MyPesara App and other relevant information;
  • your professional qualifications and/or experience, job title and/or employer;
  • your financial details (including banking details); and/or
  • any other personal data that you provide to us for the purpose of a commercial transaction or in connection with a business relationship between you and KWAP.
3. By accessing and using the MyPesara App and/or communicating and interacting with KWAP, you consent to KWAP processing your personal data in accordance with this Personal Data Protection Notice (“Notice”).
4. Where applicable, we will process your personal data and information for the following purposes:
  • to facilitate your use of and access to the MyPesara App, including to facilitate logging into your account and to process transactions at your request;
  • to analyse your usage of the MyPesara App and other trends for profiling of MyPesara App users and to provide suitable content or features catering to your preferences and needs;
  • to increase the MyPesara App’s functionality and user friendliness, including to send you confirmations, updates, security alerts, additional information about the MyPesara App and support and administrative messages;
  • to request feedback and to otherwise contact you about your use of the MyPesara App, including responding to any queries and complaints as well as for emergencies;
  • to process your registration and participation in respect of any contests, events and/or surveys organised by KWAP;
  • for the purposes of being featured in official publications to be published on the MyPesara app, our website, social media platforms and internal portals, including but not limited to KWAP annual report publications and announcements, or external publications including news portals and media outlets;
  • for the purposes of compliance, audit and risk assessments;
  • for administrative and operational purposes;
  • to report and investigate complaints and prevent suspicious transactions, prohibited activities and other illegal activities including but not limited to fraud, bribery and money laundering;
  • to protect and enforce KWAP’s rights under applicable laws or to defend KWAP’s rights under law and/or to obtain legal advice;
  • for identification, verification and security purposes;
  • for compliance with KWAP’s internal policies;
  • to facilitate the communication and provision of opportunities, offerings, products and/or services by our business partners;
  • to perform our obligations in respect of any commercial transaction entered into with you or with any of our vendors; and/or
  • for any other purpose that is incidental, ancillary or in furtherance to the above purposes.

 

The information you provide is necessary to us. Unless otherwise stated, all information requested by KWAP is obligatory. If you do not provide all the information as requested and/or do not allow us to process the information accordingly, or if you prohibit us from obtaining the information required by us from the public domain and third parties mentioned above, we will not be able to keep your complete record of information, thus affecting our ability to accomplish the above stated purposes.

 

When providing us with the information, you represent that such information is accurate, complete, up to date and true. Where you provide personal data of another person, such as those of your dependants or family members, you acknowledge and warrant that you have obtained their consent for us to process their personal data.

5. Retention of data

KWAP stores data until it is no longer necessary to fulfil the purposes for which it was collected.  This is a case-by-case determination that depends on things such as the nature of the data, why it was collected and processed and relevant legal or operational retention needs.

In some circumstances, KWAP may anonymise your information or aggregate it with other information so that it can no longer be associated with you, in which case KWAP may use the information without further notice to you.

6. Sensitive information

By expressly signifying your consent to us, you give us your explicit consent to process your sensitive personal data such as your mental or physical health and condition (including data generated by facial recognition and biometric verification technologies), religious beliefs and/or misconducts (civil or criminal, if any) for the purposes described above or as required by law.

 

We may also obtain your sensitive personal information from other parties when it is allowed by law.

7. Disclosure of information

KWAP may disclose your personal data to the following parties (including those within and outside of Malaysia) for purposes stated in this Notice:

  • your agents and advisors (including but not limited to accountants, auditors, lawyers, financial advisers or other professional advisers) and any other person notified by and authorised by you;
  • any person, who is under a duty of confidentiality and/or who has undertaken the responsibility to keep such data confidential;
  • any actual or proposed assignee, participant, sub-participant or transferee of any of our rights or obligations;
  • third parties appointed by KWAP to provide services to KWAP or on our behalf (including KWAP’s agents, professional advisors, and other such service providers);
  • event organisers;
  • potential or actual purchasers, successors in title of business or shares (wholly or in part) of any of KWAP’s subsidiaries, related corporations, jointly controlled entities and affiliates (including their advisers and representatives) as a result of a potential, proposed or actual sale of business, disposal, acquisition, merger or re-organisation;
  • KWAP’s related companies, associated corporations, affiliates and strategic partners; and/or
  • other parties, in respect of whom you have consented to the disclosure of your personal data or where disclosure is otherwise required in order to comply with a legal or regulatory obligation.

 

Save and except for the above, we will not disclose your personal data to any other third parties without your consent.  However, we may disclose your personal data in good faith, if such action is necessary to comply with government or law enforcement agency (including those overseas) requirements, court orders or legal processes, or if required by law.

8. Links to third party websites / applications

The MyPesara App may contain external links to third parties’ websites and/or applications. We shall not be responsible for the processing of your personal data by such third parties. If you provide your personal data directly to such websites and/or applications, the personal data protection policies as made available on those websites / applications shall govern the processing of such personal data.

9. Access, corrections and complaints

If you would like to make any inquiries or complaints or requests to access, correct or limit our processing of your personal data, you may contact our Data Protection Manager as follows:

Tel        :   +603-21748095

Email   :   idpm@kwap.gov.my

We will address your concerns as soon as practicable upon receipt of your request. Please note that any request for access or correction of personal data may subject to a fee and will be subject to the prevailing data protection laws in Malaysia.

In the event of any inconsistencies between the English version and the Bahasa Malaysia version of this Notice, the English version shall prevail.

Please note that any variation to this Notice shall be communicated to you through suitable modes of communication.

MYPESARA APPLICATION TERMS AND CONDITIONS / Policy

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.

1. DEFINITION
  1. Pension Act 1980
    means the Pensions Act 1980 (Act 227) and any amendments from time to time.
  2. MyPesara Application
    means software applications downloaded and installed by Users within the User’s Mobile Device containing Services, Content and other additional services as provided by KWAP from time to time
  3. User ID
    means the identifying character used by the User for the purpose of accessing the Services site.
  4. Content
    means any and all functions, services, data, information, materials, reports and records including but not limited to short messages, images, emblems, and forms such as those displayed or uploaded in the MyPesara Application.
  5. Password
    means personally identifiable special characters used in conjunction with User IDs for verification purposes to access the Services site.
  6. KWAP
    means Kumpulan Wang Persaraan (Diperbadankan),a body corporate established under the Retirement Fund Act 2007 (Act 662).
  7. Information
    means any information, text, personal data, data, statements, materials, messages or any other User-related information that will be displayed and specified in the MyPesara Application. Based on the relevant context, the Information may include ‘Log In’ Information and Retirement Information.
  8. Log-In Information
    means the definition as set forth under Clause 3 of this Terms and Conditions.
  9. Pension Information
    means a site that can be accessed by Retirees only through the MyPesara Application which allows Retirees to access and refer to Retiree Information and retirement information.
  10. Personal Data Protection Notice
    means a notice containing the terms and conditions relating to the processing of your personal data pertaining to the access and/or use of the MyPesara Application, Content and Services that can be viewed here.
  11. Users
    means anyone who downloads and logs in or uses the MyPesara Application in general. Based on the relevant context, Users can include Retirees.
  12. Mobile Device
    means any type of mobile device, mobile phone and/or other electronic device used by the User for the purpose of accessing and using the MyPesara Application.
  13. Services
    means all online services for access and use of Content, information reference and review of Retirement Information and Information as well as access and use of other services not related to retirement provided from time to time in the MyPesara Application. For the avoidance of doubt, the Services site may contain different information according to the relevant User category accounts.
  14. Pensioners
    means a person as defined under Section 12A of the Pensions Act 1980.
  15. Benefits Program
    means the definition as set forth in Clause 4 of these Terms and Conditions.
  16. Terms and Conditions
    means the terms and conditions contained herein and any amendments or variations therefrom for the purpose of accessing and/or using the MyPesara Application, Content and Services.
2. RULES OF USE

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:

  1. Exhibit any conduct, act or substance that is illegal, insulting, contains elements of obscenity, indecency, defamatory, seditious, insulting or hateful, forgery, racism and/or that may offend an individual, pressure or causing displeasure or infringing on the privacy of other individuals, containing threats or emails that constitute criminal offenses, inflicting civil liability or violating any local, state, national or international law or regulation;
  2. Remove or amend any copyright, trademark or other intellectual property contained in the MyPesara Application which may contravene any applicable laws;
  3. Unauthorized use of protected trade secrets materials;
  4. Impersonate an individual or entity including and not limited to, KWAP officers or hosts or give a false impression of the User’s relationship with any individual or entity;
  5. Allow or share passwords to allow any other individual to access the MyPesara Application or leave the Mobile Device unattended which may cause other individuals to access the MyPesara Application;
  6. Unauthorized access or use of data, systems or network systems including any attempt to prove, scan or test the integrity of the system or network system;
  7. Monitor the data or traffic of any system or network of systems without proper authorization;
  8. Use or include any viruses, ‘Trojan horses’, ‘time bombs’, ‘worms’, ‘cancelbots’ or any other means that could damage, disrupt, intercept or hijack any system; or disrupt the Services of any user, host or network system including and not limited to ‘mailbombing’, ‘flooding’, ‘broadcast attacks database’ or placing any additional or unnecessary burden on the KWAP system;
  9. Intercept any user authentication or security of any host, network system or account (intrusion or hacking or attempt to infiltrate or hack);
  10. Resell or provide the MyPesara Application, its Content and Services or any part thereof to other individuals or entities for profit or otherwise;
  11. 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

  12. 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. LOG-IN INFORMATION

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. GUIDELINES FOR USE OF BENEFITS PROGRAM UNDER COLLABORATION WITH THIRD PARTY VENDORS

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. INTELLECTUAL PROPERTY RIGHTS

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. TRADEMARK

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. AMENDMENT

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. SERVICE AND MODIFICATION LIMITS

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. LINKS TO THIRD PARTY WEBSITE

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. COMPUTER SYSTEM DISORDERS

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. CONFIDENTIALITY OF INFORMATION

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. PRIVACY POLICY

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. WARRANTIES AND DISCLAIMER

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. LIMITED LIABILITY

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. INDEMNITY AND COMPENSATION

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. TERMINATION OF USE

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. LAWS AND JURISDICTION

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. WAIVER

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. PUSH NOTIFICATION

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. OTHERS

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:

  1. Users may not use the MyPesara Application for purposes other than for the purposes of the Service and/or for purposes as determined by KWAP from time to time;
  2. Users shall be responsible for the use of the MyPesara Application in the User Mobile Device;
  3. Other services available on the Services page or on any page within the MyPesara Application including but not limited to prayer time guides, health records, financial calculators, health management information and tips and financial planning are for guidance and reference only and KWAP shall not be liable for any loss, damage and/or damages incurred by the User against any equipment, errors, omissions or inaccuracies of the information, advice or instructions displayed including any information, advice or instructions may be provided by a third party vendor providing the service;
  4. Users may not use the MyPesara Application for purposes that are contrary to any law, act, regulation or by-law of any applicable jurisdiction; and
  5. In addition to Clause 2.3 above, the Users must download the MyPesara Application from the Apple App Store, Google Play or other applications authorized by KWAP.

 

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.

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