Terms and Conditions

Welcome to the Tambadana by Wawasan Cojaya Sdn. Bhd.

By using tambadana.my, including any of its sub-domains and applications (the "Website"), you signify that you have read, understood, and agreed to be bound by all of the Terms & Conditions below, whether or not you are a registered member of the Website.

I. LOAN AMOUNT

The Lender has agreed to lend to the Borrower the amount stipulated in the Schedule J Money Lending Agreement (Unsecured Loan) (the “Agreement”), in Malaysian Currency (the “Loan” or the “Personal Loan”).

II. PURPOSE

The Borrower undertakes to use the Loan, or any portion thereof, for legitimate and legal purposes only, and shall not use the Loan for any other purposes, or in any endeavours, which are against applicable Malaysian laws, rules, and regulations.

III. TERM

The Loan shall have a term of not more than the limited period of time lapsing on a date stipulated in the Agreement, and commencing on a date of the Borrower’s receipt of the Loan, or any portion thereof (the “Loan Term”).

IV. DUE DATE

The expiration of the Loan Term shall be on the date stipulated in the Agreement (the “Due Date”). In the event of the extension of a Loan Term, the expiration of such extended Loan Term shall be on a date set by the Lender and agreed by the Borrower (the “Extended Due Date”).

V. LOAN ADVANCING

The Loan shall be advanced to the Borrower via bank transfer to the Borrower’s bank account and the advancing of Loan shall be subject to the Borrower’s compliance with all the terms and conditions herein as required by the Lender. Subject to the Borrower’s execution of the Agreement, the Borrower’s receipt of the Loan or any portion thereof shall signify his agreement to all the terms and conditions and the provisions of the Agreement.

VI. REPAYMENT

The Borrower shall repay the Loan, including all applicable fees, charges, and/or interests, in full, on or before Due Date or the Extended Due Date (as may be applicable), without need of any further notice or demand from the Lender in accordance with these Terms and Conditions and the Agreement. The Lender may grant the Borrower a grace period of three (3) days in the event that the Borrower fails to repay the Loan or any part thereof within the Due Date or the Extended Due Date (as may be applicable) without prejudice to the Lender’s rights under the relevant Agreement or applicable law. Unless otherwise stated in the Agreement or payment instructions provided by the Lender, all payments to be made by the Borrower under these Terms and Conditions (the “Payment“) shall be paid to the Lender not later than 7:00pm on the Due Date of the Payment. Any payment made by the Borrower after such time shall be considered as payment made on the next day and shall be subject to applicable fees and charges.

VII. FEES AND CHARGES

The Borrower shall, at his/her own account, pay all reasonable costs, charges, fees, and/or expenses incurred in connection with the advancing of the Loan under the Agreement, and under any other documentation and/or any amendment of the Agreement, provided that such reasonable costs, charges, fees, and/or expenses to be borne by the Borrower may include, where reasonable, stamp duty fee, and other applicable fees.

The Lender may, at its sole and absolute discretion, waive, reduce, or forgive, in whole or in part, any such costs, charges, fees, and/or expenses payable by the Borrower at any time, without creating any obligation or precedent on the Lender to do so in respect of any future amounts.

For the avoidance of doubt, any fees or charges payable by the Borrower to third-party service providers for optional Third-Party Programmes or services (as described under Clause XV(j) (Optional Third-Party Programmes and Services) shall not be treated as fees, charges or interest payable to the Lender in respect of the Loan.

VIII. INTEREST

The Borrower agrees to pay the Lender interest on the Loan, or the balance thereof, if applicable, at the rate and in manner stated in the relevant Agreement. In any event, the rate of interest applicable on the Loan shall not exceed eighteen percent (18%) per annum.

IX. LATE PAYMENT FEE

a. The Borrower agrees to pay late payment fee if the Borrower fails to do the following:

i. Make payment for all outstanding periodic instalments and the total amount agreed to be paid by the Borrower to Lender on its respective Due Date or Extended Due Date (as may be applicable); and/or

ii. Make payment for all outstanding periodic instalments upon expiry or termination of the Loan.

b. The late payment fee will be calculated according to the formula stated below:

due amount X 8% / 365 * overdue days

i. Late payment charges will not be compounded.

ii. Total late payment charges will not be more than the outstanding principal.

X. BORROWER’S PARTICULARS

The Borrower shall notify the Lender promptly in writing of any change in his/her contact details as may be required by the Lender or any other information previously provided to the Lender in connection with the Loan. Until such updated contact details is received by the Lender, the Lender shall continue to rely on Borrower’s current contact details in its record including to send all notices to the Borrower’s last known address pursuant to the record held by the Lender. Any such notices sent by the Lender shall be deemed as good faith and compliant with the applicable laws and/or regulation for the purposes of notification.

XI. COMMUNICATIONS

All messages or communications (including notification of the approval of the Loan) shall be sent according to the Borrower’s contact details, including Borrower’s account email address and/or phone number (“Borrower’s Contact Details”) provided by the Borrower and held in record by the Lender. The Borrower acknowledges that the message or communication sent to the Borrower’s Contact Details may involve third-party service providers. The Borrower acknowledges that the Lender shall bear no responsibility for the message or communication to Borrower’s Contact Details including its security, confidentiality, or any acts of any respective service providers (email service provider, mobile operator).

In order for the Lender to render prompt and accurate service, the Borrower irrevocably authorizes the Lender to record, without the Lender being necessarily obliged to do so, any and all telephone conversations between the Borrower and the Lender, regardless of who initiated the telephone conversation for service quality, training, complaint handling, verification, recovery, audit and evidentiary purposes, to the extent permitted by the applicable law.

Such irrevocable authorization to record includes, but is not limited to, recording of instructions, statements, complaints, inquiries by the Borrower, and information regarding the Loan and reminders by the Lender. The Lender may use the recorder telephone conversation as proof of the Borrower’s acceptance to any offer or additional or revision of terms made through telephone. The Lender may also use such recordings for any legal purpose, particularly as evidence in any judicial or administrative hearing or proceeding.

XII. EXEMPTION FROM LIABILITIES

To the extent permitted by applicable law, the Lender shall not be responsible for any losses or damages which the Borrower or any other person(s) may suffer or incur due to any delay or refusal of the Lender to grant or to continue to grant the whole or part of the Loan to the Borrower and the Lender shall not be obliged to give any reason for such delay or refusal.

Without prejudice to the foregoing, and to the extent not contrary to applicable law, the Lender shall not in any case be responsible for or liable to the Borrower for any losses or damages which the Borrower may suffer in respect of any revision of the amount, suspension or termination of the Loan, changes to any of these Terms and Conditions or any other exercise of the Lender’s rights under these Terms and Conditions, at law or in equity.

XIII. DISCLOSURE OF INFORMATION

The Borrower irrevocably and unconditionally consents to the Lender, and any officer of the Lender, to disclose any customer information relating to the Borrower or any information whatsoever relating to the Borrower as the Lender shall consider appropriate to any person to whom disclosure is permitted or required by any statutory provision or law or to any other person wherever situate for any purpose whatsoever and it is hereby agreed that the Lender and any officer of the Lender may disclose the foregoing information to the fullest extent permitted by the Lender’s Privacy Policy and/or any statutory provision or law.

The rights conferred on the Lender herein shall be in addition to and shall not be in any way prejudiced or affected by any other agreement, expressed or implied, between the Borrower and the Lender in relation to any information referred to herein nor shall any such other agreement be in any way prejudiced or affected by any provision herein. This consent and provision shall survive the termination of Agreement, and/or the termination of any relationship between the Borrower and the Lender, for any reason whatsoever.

XIV. REPRESENTATIONS AND WARRANTIES

a. The Borrower warrants and represents that all information, declarations, representations, and warranties made or given by him or as evidenced by any documents given to the Lender in connection with the Loan and all particulars indicated in the Agreement relating thereto are and will continue to be true, complete and correct in all respects and will be complied with at all times.

b. No litigation, arbitration or administrative proceeding is taking place or pending or threatened against the Borrower or its assets, and no tax liability claim is taking place or pending or threatened against the Borrower or its assets.

c. The Borrower confirms that the Lender is entitled to rely on the said information, declarations, representations and warranties in granting the Loan and that he shall immediately upon request furnish the Lender with all such documents, statements, information and explanation as may be reasonably required by the Lender from time to time regarding his affairs, state or condition, financial or otherwise, that may affect the Lender's decision in granting or in continuing to grant the Loan to the Borrower, in accordance with applicable law.

d. The Lender agrees to offer the Loan which can be unsecured, or fully secured type. However, in case that there is any change on security requirement as caused by any reason, the Lender reserves the right to change the conditions of security type of the Loan at any time, subject to execution of a new Loan agreement required under the law. Where permitted under the Agreement and applicable law, the Lender may terminate the Agreement. In such event, subject to the process prescribed under the Agreement, the Lender may claim the outstanding balance and other sums then outstanding under the Agreement shall become due and payable to the Lender.

е. Loan Eligibility

Loans offered by the Lender are available only to individuals who have reached the age of majority as defined by the applicable laws of their jurisdiction, and in no case, to individuals under the age of eighteen (18) years.

By applying for a Loan, the applicant represents and warrants that he/she is not a minor and is legally eligible to enter into binding financial agreements. The Lender reserves the right to reject any Loan application that does not comply with these eligibility requirements.

XV. OTHER TERMS AND CONDITIONS

a. ASSIGNMENT. The Lender may assign or transfer any or all its rights under these Terms and Conditions without the Borrower’s consent. The Borrower shall not assign or transfer any of his/her rights under these Terms and Conditions without the Lender’s prior written consent.

b. NON-EXCLUSIVITY. No right or remedy conferred upon or reserved to either party herein is exclusive of any other right or remedy herein, or that provided or permitted by law or equity; and each shall be cumulative of any other right or remedy available to such party under these Terms and Conditions and applicable laws.

c. AMENDMENT. No amendment to the Agreement shall be allowed unless or otherwise as permitted by the applicable law. Notwithstanding the aforesaid, the Lender shall upon written notice to the Borrower, have the discretion to amend the details of, including but not limited to, the Loan, interest rate, instalment amount, and the Due Date. If the Borrower does not agree to such amendments, then, the Borrower shall have the right to terminate the Agreement by way of written notice to the Lender before the date of the amendments take into effect, and all sums owing and charges, if any, by the Borrower with respect to the Loan and these Terms and Conditions shall be repaid to the Lender in full. The continued use of the Loan by the Borrower, notwithstanding the notice, shall automatically deemed to be an implied agreement to the amendments, after the effective date of the amendments, where stated.

d. BINDING EFFECT ON SUCCESSORS AND ASSIGNEES. These Terms and Conditions shall be binding upon the parties and their respective successors-in-interest and/or assignees.

e. WAIVERS. The failure or delay in exercising any right, power or remedy of either party under these Terms and Conditions shall not be deemed an effective relinquishment or waiver unless such waiver is in writing and signed by the authorized representative of the relevant party.

f. PARTIAL INVALIDITY. If any one or more of the provisions of these Terms and Conditions are declared invalid, illegal, or unenforceable in any respect under the applicable law by any competent court, the validity, legality, or enforceability of the remaining provisions of these Terms and Conditions contained herein shall not in any way be affected or impaired.

g. OUTSOURCING. The Borrower agrees and allows the Lender to outsource the management and/or collection of debt as well as the litigation process to a third party, at the sole discretion of the Lender to the extent permitted by the applicable law.

h. CHANGE IN NAME. The Change of the Business Name of the Lender for any reason, in all cases, shall not lead to the termination of these Terms and Conditions and the Borrower must comply with its obligations under the provisions of these Terms and Conditions and/or the Agreement.

i. ACCEPTANCE. The Borrower confirms that he has in the choice of language as chosen by the him/her, read, understood and agreed to the entire Terms and Conditions constituting the above provisions and/or any other documents, including the Privacy Policy and the Notice to Loan Applicants pursuant to the Personal Data Protection Act 2010. The Borrower understands that the Lender has agreed to grant a loan to the Borrower only after the Borrower has agreed to abide by the Terms and Conditions contained herein.

j. OPTIONAL THIRD-PARTY PROGRAMMES AND SERVICES. From time to time, the Lender may make available optional fee-based programmes or services provided by third parties, including but not limited to, financial education, training or other value-added services (“Third-Party Programmes”). The Borrower’s application for the Loan is not conditional upon the Borrower taking up any Third-Party Programmes offered. If the Borrower chooses to participate in any Third-Party Programme, the Borrower shall contract directly with the relevant third-party provider and the Borrower’s participation shall be subject to the third-party provider’s terms and conditions as accepted by the Borrower via the Website. The third-party provider shall be solely responsible for any complaints relating to the functionality, quality and delivery of the Third-Party Programmes. The Lender has the right to facilitate the registration, collection and payment of the Third-Party Programmes’ fee opted in by the Borrower. Any Third-Party Programmes’ fee is not a fee or charge in respect of the Loan.

XVI. GOVERNING LAW AND DISPUTE RESOLUTION

a. GOVERNING LAW. These Terms and Conditions and any non-contractual obligations arising out of or in connection with it shall be governed by the laws of Malaysia, including where applicable the Moneylenders Act 1951, the Consumer Credit Act 2025 and any subsidiary legislation thereof.

b. DISPUTE RESOLUTION. Any dispute, controversy or claim, arising out or in connection with this Agreement, or the breach, termination or invalidity thereof, shall first be raised with the Lender for amicable resolution and, where applicable, may also be referred to Ministry of Local Government Development (KPKT). If the Parties should be unable to reach mutual consent to the dispute, the dispute shall be finally subject to the exclusive jurisdiction of the Courts of Malaysia.