Terms and Conditions
By using www.tambadana.my, including any of its sub-domains (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, 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 purpose, or in any endeavour, which is against 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 Schedule J Money Lending Agreement (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 Schedule J Money Lending 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 in accordance with Section V “Loan Term Extension ”(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. 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 the terms and conditions pursuant to 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). 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 to the Due Date of the Payment. Any payment made by the Borrower after such time shall be considered as payment made for the next working 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, which total reasonable costs, charges, fees, and/or expenses to be borne by the Borrower may include a service fee, processing fee, documentary stamp tax, and other legal fees.
VIII. INTEREST The Borrower agrees to pay the Lender interest on the Loan, or the balance thereof, if applicable, at the rate of one point five percent (1.5%), calculated on a monthly basis.
IX. LATE PAYMENT FEE
a. The Borrower agrees to pay late payment fee if the Borrower fails to do the following: Payment of all outstanding periodic instalments and the total amount agreed to be paid by the Borrower to Lender on its respective due dates; and/or
b. Payment of all outstanding periodic instalments upon expiry or termination of the Loan.
c. The late payment fee will be calculated according to the rate 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.
iii.Not inclusive of fees charged by Debt Collection Agencies (if any)
X. BORROWER’S PARTICULARS The Borrower shall notify the Lender promptly in writing of any change in his employment office, home address, and contact information and as may be required by the Lender, any other information previously provided to the Lender in connection with the Loan. In the event that the Borrower fails to notify the Lender on any of his changed-particulars as referred herein, the Lender shall continue to send all notices to the Borrower’s last known address pursuant to the record held by the Lender and 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 approval of the Loan) shall be sent according to the Borrower’s contact details, including email address and/or phone number (“Borrower’s Contact Details”) held in record by the Lender. It is agreed that once the message or communication is sent to the Borrower’s Contact Details, the Lender shall bear no responsibility for its security, confidentiality, or any acts of any respective service providers (email service provider, mobile operator), nor shall the Lender be held responsible for any acts of the Borrower’s Contact Details.
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.
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 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 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.
d. The Lender agrees to offer the Loan which can be unsecured, partially secured, 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. Moreover, the Loan may be terminated at the Lender's absolute discretion and the whereupon all monies owed to the Lender under the Loan and these Terms and Conditions together with all charges (if any) thereon shall become immediately due and payable to the Lender.
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; but 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.
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 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 under the other applicable law 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.
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.
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 Moneylenders Act 1951 of Malaysia.
b. DISPUTE RESOLUTION. Any dispute, controversy or claim, arising out or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be settled, insofar as it is possible, by Ministry of Local Government Development (KPKT). If the Parties should be unable to reach mutual consent to the dispute under KPKT, the dispute shall be finally settled by the Courts of Malaysia.