THE FOLLOWING TERMS & CONDITIONS (“T&C”) SHALL GOVERN YOUR ACCESS AND USE OF THE WEBSITE, THE MOBILE APPLICATION, AND SERVICES MADE AVAILABLE ONLINE BY THE EMPLOYEES PROVIDENT FUND BOARD.
BY ACCESSING THE SITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS T&C. IF YOU DO NOT AGREE TO THIS T&C, DO NOT ACCESS THE SITE.
FROM TIME TO TIME, WE MAY REVISE THIS T&C AND WE WILL PUBLISH THE REVISED T&C ON THE WEBSITE. IF YOU CHOOSE TO CONTINUE ACCESSING THE SITE AFTER ANY REVISION TO THIS T&C, YOU SHALL BE CONSIDERED TO HAVE ACCEPTED THE REVISED T&C ACCORDINGLY.
a. Access Codes
Password and/or User ID and/or such other confidential authentication information that is required to access Your i-Akaun and/or the Services, whether in the form of words, codes, numbers, sets of characters or such other form or combination thereof, as may be prescribed by the EPF from time to time.
A representative authorised by the Employer or Business Partner to have access and manage the Employer's or Business Partner's i-Akaun.
c. Bank Account
Member's and/or Employer's account with their respective bank.
d. Business Partner
Any organisations that have access to i-Akaun (Business Partner).
A person who validates and/or approves the service transactions provided by the Maker. The Checker is the person authorised to act on behalf of the Employer or the Business Partner.
Information, including but not limited to personal identifiable information, sensitive personal data, materials, reports, records, logo, text messages, images, banners, videos, animations and forms as appeared or displayed on the Site and/or Services.
A person or an entity defined as “employer” under Section 2 of the EPF Act 1991.
Employees Provident Fund Board, a body corporate established under Section 3 of the EPF Act 1991.
i. EPF Act 1991
Employees Provident Fund Act 1991 (Act 452) and its amendments from time to time.
The fund set up under Section 24 of the EPF Act 1991.
Online account that is available upon activation by the Member, Employer or Business Partner and is accessible via the Site.
l. i-Akaun User
Member, Employer, or Business Partner who has activated their i-Akaun.
A person who acts on behalf of the Employer or Business Partner to prepare the transaction and/or provide additional information for the Services provided in Employer’s or Business Partner’s i-Akaun. The Maker is the person who represents the Employer or the Business Partner.
A person who has registered to become a member of the Fund.
o. Mobile Application
A software application or “app” downloaded and installed by You to Mobile Device(s) to access the Services as provided by EPF from time to time.
p. Mobile Device
Your portable devices, mobile phones or any electronic devices for the purpose of accessing the Services and/or Content.
Means a confidential string of characters which must be keyed in for authentication of Your User ID and grant of access to Your i-Akaun.
r. User ID
Identification characters for the purpose of login to i-Akaun.
All online services as made available from time to time on the Site.
The Website and/or the Mobile Application.
u. Transaction Record
Record that relates to the Employer's submission of the EPF monthly contributions particulars or clearance of Caruman Tanpa Maklumat Lengkap (CTML) to the rightful employees of the Employers and payment made by the Employers under the EPF Act 1991.
EPF’s URL: www.kwsp.gov.my
2. GENERAL TERMS AND ACCEPTANCE
a. The term "You" and "Your" shall refer to the general visitor and i-Akaun User of the Site, where applicable.
b. Notwithstanding and without prejudice to the generality of this T&C, You expressly agree that Your access to the Site and/or use of the Services shall be at Your own risk and You shall unconditionally assume all risks, incidental to or arising herein.
c. This T&C applies without limit or qualification to Your access and use of the Services on the Site or any part thereof.
d. In the event of a conflict between the English and Malay versions of this T&C, the English version shall prevail.
e. You agree and acknowledge that the features and functions of the Content and/or Services on the Website may differ from the Mobile Application.
f. You shall ensure that Your access and/or use of the Site and Services is made via an authorised and genuine Site. You agree that EPF shall not be responsible for any loss or damage as a result of You accessing unauthorised access and/or use of the Site and Services.
g. You agree to use a strong Password and keep it confidential AND are responsible for anything that happens to your i-Akaun unless you close it or report misuse.
3.RULES OF USE
a. You shall NOT use the Site, its Content and/or Services in any manner that could result in the breach of this T&C which includes:
i. displaying any conduct or material which is unlawful, offensive, obscene, indecent, defamatory, seditious, abusive or hateful, false, racist and/or which may harass, distress or cause inconvenience to any person or invade another's privacy, constitutes an illegal threat or constitutes junk mail, encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or regulation and/or use of any material or data in a manner which infringe any copyright, trademark or any intellectual property right;
ii. using material protected by trade secret without due authorisation;
iii. impersonating any person or entity including but not limited to an EPF official or host and/or falsely stating or otherwise misrepresenting Your affiliation with a person or entity;
iv. unauthorised access or use of data, systems or networks including any attempt to prove, scan or test the vulnerability of a system or network;
v. monitoring without authority data or traffic on any network or system;
vi. using or attaching any viruses, Trojan horses, time bombs, worms, cancelbots or other means which could damage, interfere, intercept or expropriate any system and/or interfering with the service of any user, host or network including but not limited to mailbombing, flooding, database broadcast attacks or placing an unreasonable burden on EPF system(s);
vii. circumventing any user authentication or security of any host, network or account (cracking or hacking and/or attempting to crack or hack);
viii. reselling or providing the Site, its Content and the Services or any part thereof to another person or entity for profit or otherwise.
b. You acknowledge that the download and/or use of the Mobile Application shall be at your own risk and that the download and/or the use of the Mobile Application would be subjected at all times to these following additional terms;
i. You shall not use the Mobile Application other than for the purpose of the Services or for other purposes determined by EPF.
ii. You shall be responsible for the use of the Mobile Application on Your Mobile Device.
iii. You shall not permit or enable any person to access the Mobile Application or leave your Mobile Device unattended in such a manner as to enable any person to access the Mobile Application.
iv. You shall not copy, decompile, reverse engineer, disassemble or attempt to derive the source code modification to modify and/or create derivative works of the Mobile Application, its updates and/or any part of the Mobile Application.
v. You shall not in any way use the Mobile Application for purposes that would contravene any laws, statutes, regulations or by-laws of any applicable jurisdictions.
vi. You shall download the Mobile Application from the authorised Apple App Store, Google Play, Huawei App Gallery or other application stores approved by EPF.
vii. You shall not install or use the Mobile Application on a jail-broken or rooted device which would jeopardise the security features of the Mobile Device.
viii. You agree that EPF shall have the right to modify, change, update and vary the Mobile Application at any time for any reason whatsoever without notification to You.
ix. You agree that EPF shall not be liable for any loss or damage including any loss of profits, consequential, indirect, exemplary or special damages from damage, corruption and failure of the Mobile Device, hardware or software that You use in connection with the Mobile Application.
c. EPF may, at its absolute discretion, delete or amend the Site, Content, and/or Services from time to time.
4. CONFIDENTIAL INFORMATION
a. You accept that You are responsible for the confidentiality and use of Your Access Codes and that You shall at no time and under no circumstances share, disclose or reveal Your Access Codes to anyone, including the staff of EPF.
b. You undertake to observe and comply with all security measures prescribed by EPF concerning your Access Codes or generally in respect of the use of the Services.
c. By accessing the Site, its Content, and/or use of the Services, You hereby consented and authorised EPF to collect, retain and/or disclose information about You or any other information that You provide for the effectiveness of the Services.
d. Any information collected, retained and/or disclosed by EPF shall comply with the Personal Data Protection Act 2010 and any legislations, laws or regulations that shall come into place from time to time.
e. You agree to accept all associated risks while using the Services, which includes the possibility that the Site may be accessed by unauthorised third parties and You agree not to hold EPF liable for such:
i. unauthorised access;
ii. any loss or damage suffered as a result thereof.
f. You shall undertake to observe all security measures concerning the protection of Your Access Codes in respect to the use of the Services.
a. You hereby agree that any instruction(s) received by EPF upon the successful login of Your i-Akaun shall mean an authorisation for EPF to rely and act upon Your instruction(s).
b. You shall provide true, accurate and complete information when You give instruction(s) to EPF in relation to the Services. EPF is not responsible to verify the accuracy or correctness of the information that You provided to EPF.
d. EPF reserves its absolute right and discretion not to execute Your instruction(s) if EPF deemed that such instruction(s) are inconsistent with any policies, procedures, laws or for any other reasons whatsoever.
6. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
a. You acknowledge that the Content available on EPF’s Website, Mobile Application and Services is at all times belongs to EPF or the relevant third party vendor (as applicable) and protected by copyrights, trademarks, or other intellectual and proprietary rights.
b. Your access to the Site and use of the Services does not grant you a license nor right to use any of the Content or trademark without prior written consent of EPF or the relevant third-party owner of the proprietary right thereof.
EPF reserves the right to update, modify and/or change this T&C from time to time. All updates, modifications and/or changes will be posted on the Website and Your continued use of the Site and/or use of the Services after such updates, modifications and/or changes will constitute Your adherence, acknowledgement and acceptance to the updated T&C.
a. Links from or to any websites and/or applications outside the Site are meant for convenience only. Such linked websites and/or applications are owned and operated by third parties and are not under the control of EPF.
b. EPF shall not be responsible and gives no warranties or representations as to the comparability, accuracy, availability, comprehensiveness, completeness and timeliness in respect of the content of those websites and/or those applications, the third parties named therein or their products and services.
c. The links provided on the Site and/or Services shall not be considered as an endorsement, verification or approval of such linked websites and/or applications or content therein by EPF. Linking to any other site is at Your sole risk and EPF will not be responsible or liable for any damages in connection with such linking.
a. EPF does not guarantee that any transmissions sent to EPF over the Site and/or Services is completely secure and free from any default, error and/or omission.
b. EPF is not responsible for any loss and/or damages incurred by any person in relation to the transmission through the Site and/or Services. Due to the nature of the internet, such transmission may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission.
c. EPF is not liable for any malfunctions in communication facilities that may affect the accuracy or timeline of the transmission.
10. INTERRUPTION OF THE COMPUTER SYSTEM
a. EPF shall not be liable for any interruptions, delays, failures, errors or omissions or loss of transmitted information, viruses or other contaminated properties or transmitted destructive properties and damages that occur to Your computer system, Your Mobile Device or any other electronic medium.
b. You will be responsible:
i. to provide adequate protection and backup of data and/or equipment;
ii. to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
c. EPF shall not be responsible for the accuracy, functionality or performance of any third-party software that may be used in connection with the Site and/or Services.
You agree and acknowledge that EPF reserves the absolute right at its sole discretion to impose charges or fees for the Services upon notice to You.
a. In the event that EPF fails or neglects to enforce any provisions or remedies under the T&C for whatever reason, EPF shall neither be construed as having waived its rights to enforce the same nor as having waived its rights to any continuing, succeeding or subsequent breaching of the same or any other provision in this T&C by You.
b. If any part of this T&C is determined to be invalid or unenforceable pursuant to any applicable laws, the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of this T&C shall continue in full force and effect.
c. Any rights not expressly granted herein are reserved.
13. EXCLUSION OF LIABILITY
a. EPF and/or its agents herein shall in no event be liable for any losses or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct and indirect damages, or loss of profits and/or savings arising in connection with Your access, use or the inability to access the Site and/or use of the Services (or any third-party hyperlinks to or from the Site), reliance on the information contained in the Site and/or use of the Services, any technical, hardware or software failures of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.
b. This exclusion clause shall take effect to the fullest extent permitted by law.
EPF reserves the right to terminate and/or suspend Your access to the Site and/or Your use of the Services at any time without prior notice if You do not comply with the T&C, violate EPF's or other users or any third-party’s rights, or committed any unlawful acts.
15. LAW AND JURISDICTION
a. This T&C shall for all intents and purposes be subjected to and construed in accordance with the laws of Malaysia.
b. By accessing the Site and/or using the Services provided herein, You hereby consent to the exclusive jurisdiction of the Malaysian courts.
You hereby consent to all notices and other communications made by EPF from time to time which concern the Site and/or Services in any one of the following manners:
a. by electronic mail to Your last known e-mail address in EPF's records and such notification shall be deemed received within twenty-four (24) hours after sending.
b. by message to Your last known mobile number as registered for Transaction Authorisation Code (TAC) in EPF's records and such notification shall be deemed received within twenty-four (24) hours after sending.
c. by broadcasting a message to Your personal inbox of Your i-Akaun.
d. by broadcasting a message to Your Mobile Device via push notification.
17. ACCOUNT INFORMATION
a. EPF does not warrant the accuracy and completeness of any information pertaining to Your Account(s) or transactions as reported through the Services. You must ensure that the information is true, accurate, complete and updated.
b. EPF accepts no liability whatsoever, including but not limited to any direct, indirect, special or consequential damages, loss of anticipated profits or other economic losses arising out of, in connection with or relating to the information contained in Your Account, its use or reliance.
c. You agree that the Information pertaining to Your Account or transactions as reported through the Services shall not for any purpose whatsoever be taken as conclusive of the status of Your Account or transaction.
18. SECURITY FEATURE (ONLY APPLICABLE TO THE EMPLOYER’S AND BUSINESS PARTNER’S i-AKAUN)
a. An Administrator may opt to use the Maker and Checker features for the Services. The Administrator also has authority to register any person as Maker and Checker.
b. Employer and Business Partner shall be solely responsible for the appointment of respective Administrator, Maker and Checker. EPF shall not be responsible for any loss or damage including for any loss of profits, consequential, indirect, punitive, exemplary or special damages arising from the appointment of the Administrator, Maker and Checker.
c. You shall be responsible in ensuring that any information submitted for any purpose through the Site is accurate, complete, updated and free from error. EPF does not give any warranty to the accuracy of information submitted by the Employer through the Site and shall not be liable for any inaccuracy and/or errors caused by the Employer.
d. In the event that You opt not to use the Maker and Checker features, EPF shall not be responsible for any loss or damage including for any loss of profits, consequential, indirect, punitive, exemplary or special damages arising therein.
a. You shall ensure that there are sufficient funds at all times available in Your Bank Account to perform any payment transaction through i-Akaun.
b. You are fully responsible for any transaction made by You in relation to the Services including but not limited to the Transaction Record.
c. For those Employers who have payment arrangements with the banks, the Employers shall be bound with the process and procedures of the respective banks.
You shall indemnify and keep EPF indemnified against any losses or damages, costs, claims, fees (including solicitors fees on a solicitor and client basis) and all expenses incurred arising from any breach of any T&C of the Site and/or use of the Services caused by Your non-compliance, non-conformity, refusal exclusion of the steps and procedures in the Site and/or Services, negligence in the execution of Your obligation, infringement of any intellectual property rights in any part of the Site and/or Services and any liabilities that arise from Your gross negligence or wilful misconduct or from the non-compliance, non-conformity, refusal and exclusion of the steps and procedures in the Site, bodily injury, death of any person, or damage to any real or tangible personal property.
a. The Content provided by EPF are on an "as is" and "as available" basis without warranties of any kind, and are of a general nature. References to the Content contained in the Site include such material and information provided by third parties.
b. EPF does not warrant:
i. the truth, accuracy, adequacy, reliability, completeness, reasonableness, currency or timeliness, of the Content contained in or accessed through the Site and expressly disclaims liability for any errors in or omissions therefrom;
ii. that the Content available through the Site or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that the Website, Mobile Application and server is and will be free of all viruses and/or other malicious, destructive or corrupting code, programme or macro.
c. No warranty of any kind, express, implied or statutory (including but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third-party intellectual property rights, fitness for a particular purpose and freedom from computer virus), is given in conjunction with the Content available through the Site.
d. In no event shall EPF or any third party content providers be liable for damages, expenses, costs or loss of any kind (including without limitation, any direct, or indirect, special, incidental or consequential damages, loss of profits or loss of opportunity) howsoever caused as a result (direct or indirect) of, or in connection with the Site, or reliance on any Content contained in or accessed through the Site.
e. Under no circumstances shall EPF be liable for any failure of performance, system, server or connection failure, interruption, defect, error, omission, delay in operation or transmission, breach of security, malicious code, computer virus or inability or unavailability to use or access in connection with your accessing this Website, tools, and / or online services even if EPF or the third party content providers had been advised as to the possibility of the above.
f. The materials, information and functions provided shall not under any circumstances be considered or construed as an offer or solicitation to sell, buy, give, take, issue, allot or transfer, or as the giving of any advice in respect of the Services. You shall be responsible to evaluate the quality, adequacy, completeness, currentness and usefulness of the Services, Content and other information obtained or accessible through the Site. Further, you should seek professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any purchase, withdrawals, investments, or commercial decision based on any such Content or information.
g. You shall not hold EPF liable for any damages including for any loss of profits, consequential, indirect, punitive, exemplary or special damages arising from any information used/obtained from the Site and/or for any information submitted/transmitted to the Site and/or Services.