1. Definitions
For the purpose of these T&Cs, the terms defined in this Clause, and elsewhere in these T&Cs, will have the following meanings:
“Business Days”
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A day (other than a Saturday, Sunday, or gazetted public holiday in Kuala Lumpur) when commercial banks are open for business in Kuala Lumpur, Malaysia;
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“Borrower”
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Malaysian individuals that are seeking a Facility via HomeCrowd’s platform;
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“CCRIS
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Central Credit Reference Information System maintained by Bank Negara Malaysia;
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“HomeCrowd”, “Us”, “We” or “Company”
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HomeCrowd Sdn Bhd (Company No. 1310658-M) a company incorporated in Malaysia with its business address at A-11-13A, Prima Avenue, The Tube, Jalan PJU 1/39, Dataran Prima, 47400 Petaling Jaya, Selangor, Malaysia and/or its subsidiaries;
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“Facility”
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A sum of money that has been advanced by Lender/s to a Borrower through the use of HomeCrowd platform for the purpose of consumer financing;
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“KPKT”
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Kementerian Perumahan dan Kerajaan Tempatan or Ministry of Housing and Local Government;
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“Trust Account”
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An account in which a Lender will be required to place the principal amount;
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“Law”
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All applicable laws, rules, regulations, constitution, rulings, interpretations, customs, usages, protocols of governmental bodies and self-regulatory organizations of Malaysia;
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“Lender”
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A corporate, institution or individual that will fund the facility to a Borrower;
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“Lending Note”
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Any contract or document evidencing a monetary loan offered on or through an electronic platform, where a lender expects a financial return;
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“Officer”
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In relation to HomeCrowd means any director, officer, or employee of HomeCrowd;
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“T&C”
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Means all the terms and condition contained herein including the Company's policy and all amendments to be made from time to time;
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2. Use of Website
3. Acknowledgments
You understand, acknowledge and agree that HomeCrowd’s role is merely administrative and mechanical in nature in arranging for the Borrower to enter into a Facility with Lenders and as such HomeCrowd is not regulated by laws regulating the business of and does not carry out any activities within the ambit of or relating to moneylending, consumer financing and the taking of deposits in the course of carrying on a deposit-taking business. However, our business is licensed and regulated by KPKT.
You understand, acknowledge and agree that HomeCrowd does not and will not assume any advisory, fiduciary or similar other duties or act as an investment adviser to you. You understand, acknowledge and agree that you have taken, or will take, the necessary independent legal, tax, financial or other advice before HomeCrowd provides Services to you.
4. General
However, we apply a strict rule and will exercise thorough due diligence to ensure that only information of a Company is completed before hosting it on the Website. If in any case, the information provided by the User is or becomes untrue, inaccurate, incomplete, outdated or we have a reasonable belief that the information provided is untrue, inaccurate, incomplete and outdated, we reserve the right to suspend or terminate your account and prohibit all future access to the Website.
5. Services
HomeCrowd’s provision of Services shall be subject at all times to the Law and these T&Cs, and HomeCrowd will not be liable as a result of any actions taken by any party to comply with the Law and these T&Cs.
Unless otherwise specified, the Services provided by HomeCrowd may involve arranging for a Consumer Loan, or such other services as HomeCrowd may introduce from time to time.
6. Account Details
7. Entry Requirement of Borrower
Borrowers must:
8. Eligibility Criteria for Lenders
Lenders (investor of the loans) must:
9. Third-Party Link
There may be Third Party Websites provided on the Website. This is for your convenience in accessing other information and we hold no responsibility for any damage or losses occur by relying on the Third-Party Websites.
10. Copyright and Trademark
We respect the rights of every individual in relation to intellectual property rights. Hence, we will respond to notices of alleged copyright infringement that comply with applicable law.
As mentioned above, we discourage any taking advantage of a person’s intellectual property rights. In this case, you must not reproduce, modify, copy, distribute, and upload the information provided on the Website. The information here refers to the policies (Risk Warning, Disclosure Statement, Terms and Conditions, Privacy Policy and etc.) hosted on the Website and any other materials that is hosted on the Website.
Any consent we may give in relation to or in connection with the Website Content or Website may be withdrawn at any time without prior notice.
11. Restriction or Prohibited Conduct
By accepting the Terms and Conditions, you shall not in any way use the Website in the respect that:
We reserve the right to suspend and /or terminate your account if we have a reasonable belief that you have committed any breach or suspected to commit a breach from the above mentioned.
12. Non-Liability
Your access to and use of our services is at your sole risk. HomeCrowd make no representation or warranty of any kind express or implied. We do not hold any liability in relation to your use or inability to use or delay in use of the Website or any information or material in it or accessible from it or from any action or decision was taken as a result of using our Website.
13. Indemnity
14. Duty of Confidentiality
Members are allowed to access the information on the Website for their personal use or in the course of their business for the purpose of assessing whether or not to participate in funding a campaign or seeking for funds.
Each member accepts that it owes a duty of confidentiality to the Company with regard to:
15. Conflict of Interest
HomeCrowd, its directors, shareholders, and officers are prohibited from providing any financial assistance to investors to invest in the Campaign. We will not provide any funding to issuers or invest in any campaign launched on the Platform.
16. Termination of Membership
A member may terminate its membership by sending written notice of termination to the Company. The Company may terminate the membership of any member at any time for any reason with immediate effect by sending written notice of termination to the members.
17. Amendments
We constantly review our Terms and Conditions to ensure that it is always updated. Hence, we reserve the right to amend and/or revise and/or modify these Terms and Conditions from time to time without explaining or give any reason or highlighting to you what are the changes made. The amendments will be uploaded to the Website immediately and it is your duty to regularly review the information posted on the Website page. Your continued use indicates the acceptance of the amended Terms and Conditions.
18. Governing Law
These terms and Conditions shall be governed by, construed and enforced by Malaysian Law. You agree to submit to the exclusive jurisdiction of the Malaysian courts.
19. Complaints
If a member has a complaint about the services operated by the Company it should be communicated to the Company or contact us at the contact no: +6010-6557320 or email at hello@myhomecrowd.com
Alternatively, user may direct the complaints to the Consumer Complaint of KPKT