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Terms & Conditions
Thank you for visiting www.kwsp.gov.my TERMS AND CONDITIONS The access of this Website and/or the Mobile Application and use of the Services through the Website and/or the Mobile Application is subject at all times to the following Terms and Conditions. 1. DEFINITIONS "Account" Member's and/or Employer's account with the Banks. "Administrator" is a person authorised by the Employer or Business Partner to control and manage the Employer's or Business Partner's i-Akaun. The Employer's i-Akaun Administrator is the person who represents the Employer or the Business Partner. "Banks" banks or financial institutions as determined by EPF. "Business Partner" any organizations participating in e-Pengeluaran. "Checker" is a person who validates and/or approves the service transactions provided by the Preparer. The Checker is the person authorised to act on behalf of the Employer or the Business Partner. "Content" information, material, report and records including but not limited to text messages, images, banners, videos, animation and forms as appearing or displayed on this Website and/or the Mobile Application. "e-Caruman" online service which allows Employer to remit monthly contributions and/or contribution details through Employer's i-Akaun. "e-CTML" online service which allows Employers to verify and clear CTML via Employer's i-Akaun. CTML refers to contributions that cannot be credited due to incorrect and/or incomplete particulars as determined by the EPF. "Employer" employer as defined under Section 2 of the Act 1991. "e-Pengeluaran" an online service which allows Member to submit EPF e-pengeluaran application through the Member's or Business Partner's i-Akaun. "EPF" Employees Provident Fund Board, a body corporate established pursuant to the EPF Act 1991. "EPF Act 1991" Employees Provident Fund Act 1991 (Act 452) and as amended from time to time. "i-Akaun" an account accessible via the internet for the Member, Employer and/or Business Partner to enable them to access their respective account with EPF and to use the Services. Upon activation to You on the Website and/or the Mobile Application. "i-Akaun User" Member or Employer or Business Partner who has activated the i-Akaun. "Services" e-Caruman, e-CTML, e-Pengeluaran and all online services, made available from time to time in the Website and/or the Mobile Application. "Super User" representative appointed by the Business Partner to administer and manage the Services related to EPF. "Information" information, text, personal data, data, statements, materials, message or any other information posted and/or provided in the Website and/or the Mobile Application. "Maker" is a person who acts on behalf of the Employer/ Business Partner to prepare the transaction and/or provide additional information for the Services provided in i-Akaun Employers or Business Partners. The Employer's i-Akaun Preparer is the person who represents the Employer or the Business Partner. "Business Partner" a person who keys in additional information for validation and approval by Checker. "Front Counter" a person who initiates the e-Pengeluaran application submission on behalf of the member. "Member" a person as defined under Section 2 of the EPF Act 1991. "Mobile Application" software application downloaded and installed by You in Your Mobile Device(s) for the purpose of the Services, as provided by EPF from time to time. "Mobile Devices(s)" portable device, mobile phones and/or any electronic devices belonging to You and made available for the purpose of the Services. "Password" User ID for authentication purposes to access primarily the i-Akaun and other available internet services known only to the user. "Transaction Record" record that relates to the Employer's submission of the EPF monthly contributions particulars or clearance of CTML to the rightful employees of the Employers and payment made by the Employers under the EPF Act 1991. "User ID" identification characters used by the user for the purpose of to login i-Akaun. "Website" referring to EPF's official website at www.kwsp.gov.my 2. GENERAL The term "You" and "Your" shall refer to the user of the Website and/or the Mobile Application, user of the Services and/or i-Akaun User. The following Terms and Conditions govern Your access to this Website and/or the Mobile Application and use of the Services provided herein. Please read and understand the Terms and Conditions in this Website and/or the Mobile Application every time You access and/or use the Services provided in this Website and/or the Mobile Application. Notwithstanding and without prejudice to the generality to the clauses in these Terms and Conditions, You expressly agree that the access to this Website and/or the Mobile Application and use of the Services shall be at Your own risk and You shall unconditionally assume all risks, incidental to or arising out of the use of this Website and/or the Mobile Application. If at any time You do not agree to any or all of these Terms and Conditions, do not access this Website and/or the Mobile Application and/or use the Services. These Terms and Conditions apply without limit or qualification to all access to this Website and/or the Mobile Application or any part thereof, whether via the internet, mobile and/or any other electronic medium and/or usages of the Content and/or the Services. In the event of conflict between the English and Malay Version of the Terms and Conditions, the English version shall prevail. You agree and acknowledge that the features and function of the Services shall differ from the Website and Mobile Application and Services may or may not be available on the Website or Mobile Application and may become available in the future subject to EPF's discretion. You shall ensure that Your access and/use of the Services is through the authorized and genuine Website and/or Mobile Application as determined by EPF from time to time. 3. RULES OF USE You undertake NOT to use this Website and/or Mobile Application, the Content and the Services in a manner that may infringe the rights or restrict the use of this Website and/or Mobile Application, the Content and the Services and this includes:- a) To display 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; use of material in a manner which infringe any copyright, trademark or any intellectual property right; b) Use of material protected by trade secret without due authorization; c) Impersonating any person or entity including but not limited to a EPF official or host or falsely stating or otherwise misrepresenting Your affiliation with a person or entity; d) Unauthorized access or use of data, systems or networks including any attempt to prove, scan or test the vulnerability of a system or network; e) Monitoring without authority data or traffic on any network or system; f) Using or attaching any viruses, Trojan horses, time bombs, worms, cancel bots or other means which could damage, interfere, intercept or expropriate any system; or interfering with the service of any user, host or network including but not limited to mailbombing, flooding, broadcast attacks database or placing unreasonable burden on EPF system(s); g) Circumventing any user authentication or security of any host, network or account (cracking or hacking or attempting to crack or hack);and h) Reselling or providing this Website and/or the Mobile Application, its Content and the Service or any part thereof to another person or entity for profit or otherwise. EPF may in its absolute and unfettered discretion delete or amend this Website and/or the Mobile Application, the Content and remove or refuse anything that violates the Rules of Use. EPF reserves the right at its sole discretion to investigate potential abuses of the Rules of Use. 4. PROPRIETARY RIGHTS EPF owns this Website and/or the Mobile Application and the Services herein. This Website and/or the Mobile Application is protected by copyright, trademark and other forms of proprietary rights. No license or right is granted to You and Your access to this Website and/or the Mobile Application and/or use of the online tools and Services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Content without the prior written consent of EPF or the relevant third party owner of the proprietary right thereof. 5. TRADEMARKS All trademarks, service marks, and logos displayed in this Website and/or the Mobile Application are the property of the EPF and/or their respective third party proprietors as identified in this Website and/or the Mobile Application. Unless the prior written consent of EPF or the relevant third party proprietor of any of the trademarks, service marks or logos appearing on this Website and/or the Mobile Application has been obtained, no license or right is granted to any party accessing this Website and/or the Mobile Application to use, download, reproduce copy or modify such trademarks, service marks or logos. Similarly, unless the prior written consent of the EPF or the relevant proprietor has been obtained, no such trademark, service mark or logo may be used as a link or to mark any link to this Website and/or the Mobile Application or any other site. 6. AMENDMENT EPF reserves the right to update, modify and/or change any part or all of the Terms and Conditions from time to time at its sole discretion. All updates, modifications and/or changes will be posted on this Website and Your continuing use of this Website and/or the Mobile Application after such updates, modifications and/or changes have been posted will constitute Your adherence, acknowledgement and acceptance to the updated Terms and Conditions. 7. LINKS Links from or to any websites and/or application outside this Website and/or the Mobile Application are meant for convenience only. Such linked websites and/or application are owned and operated by third parties and as such are not under the control of EPF. EPF shall not be responsible and makes no warranties in respect of the content of those websites and/or application, the third parties named therein or their products and services. The links provided in this Website and/or the Mobile Application shall not be considered an endorsement or verification or approval of such linked websites and/or application or the content therein by EPF. Linking to any other site is at Your sole risk and the EPF will not be responsible or liable for any damages in connection with such linking. 8. INSTRUCTION You shall provide true, accurate and complete Information when You give instructions to EPF in relation to the Services. EPF shall rely on the Information as provided and instructed by You and EPF has no responsibility to verify or evaluate the Information to affect such transaction. You agree and accept that any instructions which You may issue shall at all times be subject to terms and conditions as determined by EPF from time to time at its absolute discretion. EPF reserves the right at its sole discretion, to refuse to carry out any of Your instructions where Your instructions are inconsistent with the EPF's policy, procedures or laws or for any other reasons whatsoever. You hereby agree that any instruction(s) received by EPF after the successful use of Your User ID and Password is an authorization for EPF to rely and act upon Your instruction(s). In the event that You or someone purporting to be You, access to i-Akaun, use the Services and give any instruction(s) to EPF, You agree that such instruction(s) shall be deemed to have been issued by You notwithstanding that such instruction(s) may have been issued by a third party whether authorized or unauthorized by You and You shall be fully responsible for any action, failure, delay, loss or damages which may incur. 9. TRANSMISSION THROUGH THIS WEBSITE AND/OR THE MOBILE APPLICATION EPF do not guarantee that any transmission sent to EPF over the Website and/or the Mobile Application is completely secure and free from any default, error and/or omission. EPF is not responsible for any loss and/or damages incurred by any person in relation to the transmission through the Website and/or the Mobile Application. Due to the nature of the internet, such transmission may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. EPF is not liable for any malfunctions in communications facilities that may affect the accuracy or timeliness of the transmission. 10. INTERRUPTION OF THE COMPUTER SYSTEM EPF shall not be liable for any interruption, delays, failures, errors or omissions or loss of transmitted information, viruses or other contaminating or destructive property transmitted or damage that occurs to Your computer system. Your mobile devices or any other electronic mediums. You will be responsible to provide adequate protection and back up of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive property. EPF shall not be responsible for the accuracy, functionality or performance of any third party software that may be used in connection with this Website and/or Mobile Application. 11. CONFIDENTIAL INFORMATION By assessing this Website and/or the Mobile Application, You acknowledge and consent that EPF may collect, retain or disclose Your Information or any information by You for the effectiveness of the Services and such Information collected, retained or disclosed shall comply with the Personal Data Protection Act 2010 and any legislations,laws or regulations that shall come into place from time to time. You agree to accept all risk associated while using the Services on this Website and/or the Mobile Application which Information may be accessed by unauthorized third parties and agree not to hold EPF liable for any such unauthorised access or any loss or damage suffered as a result thereof. You shall be responsible for the confidentiality and use of Your Password and at no time and under no circumstances intentionally or unintentionally or unintentionally reveal Your Password to anyone. You undertake to observe all security measures with regards to the protection of Your Password or generally in respect of the use of the Services. You accept the responsibility that in any circumstances whereby Your Password is made known to any other person whether intentionally or unintentionally, You shall take the necessary precautions by disclosure, discovery or You must inform EPF immediately. 12. CHARGES/FEES 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. 13. WAIVER In the event that EPF fail or neglect to enforce any provision or remedy under this Terms and Conditions for whatever reason, EPF shall neither be construed as having waived our rights to enforce the same nor as having waived our rights to any continuing, succeeding or subsequent breach of the same or any other provision in this Terms and Conditions by You. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect. Any rights not expressly granted herein are reserved. 14. EXCLUSION OF LIABILITY EPF and/or its agents herein shall in no event be liable for any loss or damage howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct, indirect or any damages, or loss profits or savings arising in connection with Your access or use or the inability to access or use this Website and/or the Mobile Application,(or any third party hyperlink to or from this Website and/or the Mobile Application), reliance on the Information contained in this Website and/or the Mobile Application, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise. This exclusion clause shall take effect to the fullest extent permitted by law. 15. INDEMNITY You shall indemnify and keep EPF indemnified against any loss or damage, cost, claims, fees (including solicitors fee on a solicitors and clients basis) and all expenses incurred arising from any breach of any terms and condition of this Website and/or the Mobile Application caused by Your non-compliance, non-conformity, refusal exclusion of the steps and procedures in this Website and/or the Mobile Application, negligence in the execution of Your obligation and infringement of any intellectual property rights in any part of this Website and /or the Mobile Application and Services and any liability that arises from Your gross negligence or willful misconduct or from the non-compliance, non-conformity, refusal and exclusion of the steps and procedures in this Website and/or the Mobile Application, bodily injury, death of any person, or damage to any real or tangible personal property. 16. TERMINATION EPF reserves the right to terminate and/or suspend Your access to this Website and/or the Mobile Application and/or Your use of this Website and/or the Mobile Application and the Services at any time, in whole or in part, without prior notice if You do not comply with the Rules of Use and/or breach of any of these Terms and Conditions or violate EPF's rights/other users or any third party or You have committed any unlawful acts. 17. LAW AND JURISDICTION These terms and conditions shall for all intents and purposes be subject to and construed in accordance with the laws of Malaysia. By accessing this Website and/or the Mobile Application and/or using the Services provided herein, You hereby consent to the exclusive jurisdiction of the Malaysian courts. 18. QUICK GUIDES AND FREQUENTLY ASKED QUESTIONS (FAQ) "Quick Guide" means the guide or guides issued by EPF to You containing operating instructions for the modes of access and the types of transactions available through the Services and shall include any amendments, variations and other Quick Guides as may be issued by EPF from time to time. The Quick Guide is available on this Website and/or the Mobile Application. You are to read and understand the Quick Guide and/or FAQ before attempting to use this Website and/or the Mobile Application and i-Akaun and do not carry out any instructions or utilise i-Akaun in the presence of any other person. 19. NOTICES EPF may from time to time issue notices to You through any of the methods as follows: By electronic mail to Your last known e-mail address in the EPF's records and such notification shall be deemed received twenty four (24) hours after sending. 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 twenty four (24) hours after sending. By broadcasting a message to Your personal message inbox of Your i-Akaun. 20. CHECKING OF i-AKAUN The balance shown in Your i-Akaun may not be Your actual available balance where it may not include contributions yet to be credited to Your account or withdrawal amount yet to be debited from Your account. 21. ACCOUNT INFORMATION 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, complete, accurate and updated. EPF accepts no liability whatsoever (including but not limited to) for any direct,indirect, special or consequential damages, loss of anticipated profits or other economic loss arising out of, in connection with or relating to the Information contained in the Information in Your Account , its use or reliance. You agree that the Information pertaining to Your Account(s)or transactions as reported through the Services shall not for any purpose whatsoever be taken as conclusive of the status of Your Account(s) or transaction. 22. SECURITY FEATURE An Administrator is the authorized person for Your i-Akaun whereby the 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. You shall be solely responsible for the appointment of its 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. You shall be responsible in ensuring that any Information submitted for any purpose through the Website is accurate, complete, updated and free from error. EPF does not give any warranty to the Information submitted by the Employer through the Website and shall not be liable for any inaccuracy and errors caused by the Employer. 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. 23. PAYMENT You shall ensure that there are sufficient funds at all times available in Your Account(s) to perform any payment transaction through i-Akaun. You agree that the EPF's appointed Bank is entitled to debit Your Account(s) to affect any transaction instructed by You. You are fully responsible for any transaction made by You in relation to the Services including but not limited to the Transaction Record. For those Employers who have payment arrangements with the Banks, the Employers shall be bound with the process and procedures of the respective Banks. 24. IDENTITY VERIFICATION You hereby agree that You will be present at EPF premises or its appointed agents or Business Partner for the purpose of member's identity verification through thumbprint authentication prior to release of Your withdrawal via payment options available. 25. DISCLAIMER The Content and Information are provided by EPF on an "as is" and "as available" basis. References to Content and Information contained in this Website and/or the Mobile Application include such material and information provided by third parties. EPF does not warrant that the Services will be available at all times. EPF does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness,up to date, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of this Website and/or the Mobile Application, the Content, Information and/or functions therein and expressly disclaims liability for errors and omissions in such Contents and/or Information. Without derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services of the EPF, reasonable measures will be taken by the EPF to ensure the accuracy and validity of all information relating to transactions and products of EPF which originate exclusively from EPF. You shall be fully responsible for any Content and/or Information used/obtained from this Website and/or the Mobile Application and/or for any Content and/or Information submitted /transmitted to this Website and/or the Mobile Application. You shall undertake that any Information used/obtained from this Website and/or the Mobile Application and/or for any Information submitted/transmitted to this Website and/or the Mobile Application for the purpose of the Services is complete, accurate, reliable, current and free of error. In no event will EPF be liable for any loss or damage including for any lost of profits, consequential, indirect, punitive, exemplary or special damages arising from any Information used/obtained from this website and/or the Mobile Application and/or for any Information submitted/transmitted to this website and/or the Mobile Application. By logging into i-Akaun on this Website and by utilizing the Services, You hereby undertake to follow the procedures stated therein. In the event that You elect(opt) to bypass any steps/procedures for the purpose of the Services, You shall be fully/solely responsible for the option made and shall not hold EPF liable for any or damage including for any loss of profits, consequential, indirect, punitive, exemplary or special damages arising from any Information used/obtained from this Website and/or for any Information submitted/transmitted to this Website and/or to this Website and/or the Mobile Application. 26. MOBILE APPLICATION You acknowledge that the download and/or use of the Mobile Application shall be at your own risk and that the download and/or of the Mobile Application would be subjected at all times to the following additional terms; a) You shall not use the Mobile Application other that for the purpose of the Services and/or for the purpose as determined by EPF from time to time. b) You shall be responsible for the use of the Mobile Application on Your Mobile Device. c) 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 a person to access the Mobile Application. d) You shall not copy, decompile, reverse engineer, disassemble, and attempt to derive the source code of modify or create derivative works of the Mobile Application, its updates or any part of the Mobile Application. e) You shall not in any way use the Mobile Application for purposes that would be in contravention with any laws, statute, regulation or by law of any applicable jurisdiction. f) You shall download the Mobile Application from the authorized Apple App Store, Google Play or other application stores is approved by the EPF. g) You shall not install or use the Mobile Application on a jail-broken or rooted device, which would jeopardize the security feature of the Mobile Device. You agree that EPF shall have the right to modify, change, update, vary the Mobile Application at any time and any reason whatsoever without notification to You. You agree that EPF shall not be liable for any loss or damage including for any lost of profits, consequential, indirect, exemplary or special damages from damage or corrupted or failure of the Mobile Device, hardware or software that You use in connection with the Mobile Application.
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