Service Terms

The services (“Trust Maven® Services”) will be provided by Unique Maven Sdn Bhd (201901009586 (1318914-K)), Unic Maven Sdn Bhd (202101039760 (1440060-K)),Unique Maven Plus Sdn Bhd (202401032817 (1578665-K)), Three Maven Sdn Bhd (202101014488(1414788-A)) (the latter hereafter also referred to as “we”, “us”,“ours” or “Trust Maven®”). The use of any Trust Maven® Services will be subject to the following terms (the “Service Terms”).
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Acceptance of the Service Terms

1.0 Please read the Service Terms carefully before using any Trust Maven® Services. By using any Trust Maven® Services, you agree to be bound by the Service Terms. In the Service Terms, “you” or “User” means:

1.1 your company identified in your account opening form, that is a company: (i)which will or has been incorporated using Trust Maven® Services or (ii) the corporate secretarial services, which are or will be provided by Trust Maven®(a “Trust Maven® Company”);

1.2 your company identified in your account opening form that otherwise uses the Trust Maven® Services, for example, as a corporate shareholder in a Trust Maven® Company; and

1.3 you, acting in your individual capacity of someone who uses the Trust Maven® Services, for example, as a director or individual shareholder, an authorised person, ultimate beneficial owner of a Trust Maven® Company or a company referred to in clause 1.2.
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Trust Maven® Services

2.0 Company Secretarial Services

2.1 By using any Trust Maven® Services, User agrees to engage us to provide company secretarial services for User. These services may include the following:

(a) Company incorporation or onboarding of an existing entity;

(b) Provision of a registered office address;

(c) Prepare and file all the statutory returns related to the Trust Maven® Company with the Companies Commission of Malaysia to comply with the provisions of the Malaysian Companies Act, 2016 (“the Act”);

(d) Maintenance of statutory records on Trust Maven®’s company secretarial databases required by the Act;

(e) Prepare resolutions in accordance with the requirements of the Act;

(f) Provide assistance on matters pertaining to Company law and compliance with the provision of the constitution (if any) and the Act;

(g) Provision of two qualified individuals to act as named secretaries incompliance to Section 235 of the Act;

(h) Attending to auditors in the annual statutory audit on the statutory records.

2.2 Trust Maven® shall provide the company secretarial services, as requested by User from time to time, in oral or written form or in any other manner which Trust Maven® may accept. User agrees that Trust Maven® has no liability to User for any lossor damage whatsoever, arising out of or in relation to Trust Maven®’s performance of the company secretarial services in accordance with User’s instructions.

2.3User shall indemnify Trust Maven® and/or any of its affiliates against and hold each of them harmless from any and all actions, judgements, claims, demands, costs, taxes and expenses (including legal and/or professional fees) howsoever incurred by Trust Maven® arising out of or in relation to its performance of the company secretarial services in accordance with User instructions.

2.4 Trust Maven® may require for the performance of the Trust Maven® Services (including the services of acting as local nominee director or local nominee shareholder for a Trust Maven® Company) that User shall enter into any supplemental agreements or do any such things as required by Trust Maven® or applicable laws in order for Trust Maven® to provide such Trust Maven® Services. Trust Maven® shall not be obliged to provide any such Trust Maven® Services if User fails to enter into the supplemental agreements or do the things as required by Trust Maven® or applicable laws.

2.5 If Trust Maven® in its opinion is obliged to meet any legal or other requirements or obligations with regards to User, User hereby agrees to authorise Trust Maven® to take any steps which it may, at its discretion, deem necessary or desirable to comply with such obligations or requirements, including taking professional advice at User’s cost.

2.6 At the request of Trust Maven®, User shall provide Trust Maven® with all documents and information as required by Trust Maven® for Trust Maven® to comply with its internal policies, any applicable laws or guidelines issued by any relevant regulatory authority or for any other reason as Trust Maven® may consider necessary or desirable from time to time.
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3.0 Other Trust Maven® Services

3.1 As part of the Trust Maven® Services, User is able to access the online platform and use the other functionality offered on the online platform from time to time, including the ability to view its shareholdings or positions as an officeholder in any Trust Maven® Company and details of such Trust Maven® Company.

3.2 As part of the Trust Maven® Services, User may engage Trust Maven® or its representative to act as local nominee director or local nominee shareholder, subject to User entering into supplemental agreements or doing the things as required by Trust Maven® or applicable laws.

3.3 Trust Maven® may, at the request of User, provide ancillary services to User such as bank account opening, application for the account opening of Employer Provident Fund and SOCSO with the KWSP and PERKESO respectively, application for employment and work passes with the Immigration Department of Malaysia, accounting, tax compliance and filing, among other ancillary corporate services. These services may be subcontracted to trusted partners under Trust Maven®’s responsibility.

3.4 User acknowledges that any service provided by Trust Maven®, which requires a governmental or third party approval, is on a reasonable effort basis only. User also acknowledges that User shall not be entitled to a refund in case any such approval-based service cannot be obtained.
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Other Conditions of Engagement

4.0 Authority to act for your company

You represent and warrant that you have full legal right, full power and authority to execute, deliver and exercise the rights and perform the obligations under the Service Terms on behalf of your company. In the event that the Trust Maven® Company has not been incorporated, you undertake that you shall do all that is necessary to effect such right, power and authority to execute, deliver and exercise the rights and perform the obligations under the Service Terms on behalf of the Trust Maven® Company.

5.0 Communications

5.1 We shall communicate with User in a variety of ways, such as email, SMS, posting messages or communications on our website or through other Trust Maven® Services. User hereby expressly consents to receive any such communication from us as an adequate form of communication.

5.2 User agrees that it is User’s responsibility and not ours to ensure that all agreements, notices, disclosures and other communications which we provide electronically satisfy any legal requirements that such communications be in writing.

6.0 Copyrights

6.1 Other than content generated by User or other users of the online platform, we or our licensors own all copyrights in the content of this online platform. You may download and temporarily store one or more pages of this online platform for viewing purposes and you may print any page for use by User and User only.

6.2 Any other storage, copying, transmission or distribution of the content of this online platform is strictly prohibited without our prior written consent.

6.3 User owns the copyright in any content which User generates (for example, when User inputs details into share transfer form, company incorporation form and other statutory returns documentation), but User herewith grants to us a free, non-exclusive and irrevocable license, with the right to sublicense, to use that content for the purpose of providing to User the Trust Maven® Services.
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7.0 User’s Account

User is responsible for maintaining the confidentiality of User’s password and account, including the private key which we give to User, and for any other activities which occur using User’s account or which are signed for with User’s private key. We shall not be liable to User or any of User’s related entities for any loss or damage which may arise as a result of any failure by User to protect User’s password, private key or account.
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8.0 Third Party Software and API

We and User may use third party software and APIs when using the online platform or the Trust Maven® Services. We do not guarantee the reliability of such third-party software or APIs. User agrees that we are not liable for any lossor damage whatsoever arising out of the use of third-party software or APIs to access any information, the online platform or the Trust Maven® Services.
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9.0 User’s Information

User confirms that all information and details provided by User to us shall at all times be true, complete, accurate and up to date in all respects, as we rely on such information and details for the provision of the Trust Maven® Services. User can update or correct any of its information or details at any time through its account on the online platform.
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10.0 Fees and Payment

10.1 User shall pay Trust Maven® in advance the fees set out in our online platform, engagement letter, email or our website for the relevant Trust Maven® Services (“Fees”), by electronic invoice, which can be paid by bank transfer or cheque.

10.2 If there are any fees for Trust Maven® Services which are not set out on our online platform or website, we shall issue an invoice to User for such Trust Maven® Services provided. User shall pay us the fees set out in the invoice on receipt.

10.3 We will charge for all disbursements we incur in acting for you. Examples include:

(a) government fees and charges

(b) travelling and accommodation expenses

(c) photocopying, postage and delivery charges
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11.0 Cancellation/Termination

11.1 We reserve the right to cancel the Trust Maven® Services in part or in whole at any time, if User breaches any of the Service Terms. We shall not be liable to User for any loss or damage whatsoever incurred due to our cancellation.

11.2 If any Trust Maven® Services provided hereunder are terminated by User or us, User shall immediately:

(a) become solely responsible for all your third-party or statutory obligations covered by Trust Maven® Services then or thereafter due;

(b) reimburse us for all payments made by us on your behalf to any third party or regulatory authority; and

(c) all fees due to us for the Trust Maven® Services provided shall become immediately due and payable.

11.3 When termination occurs, papers and documents provided to us will, at your request, be returned to you promptly. User may within a reasonable time frame download all statutory records and documents relating to the User before access to the online platform is cancelled.
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Liability

12.0 Use of Online Platform

12.1 Any content of our online platform which is provided by Trust Maven®, its partners or licensors, is provided for general information only. We do not accept any liability for its use.

12.2 We exclude any liability which may arise from your use of or reliance on the content of the online platform, except if and to the extent such liability arises from our fraud or fraudulent misrepresentation.

12.3 As part of the Trust Maven® Services, User of the online platform is able to interact with certain content provided by us (including any share transfer form, company incorporation forms and statutory filing documentation) to create user-generated content. We shall not be liable for any content, including accuracy or completeness thereof, of any user-generated content.

12.4 Whilst we use reasonable efforts to ensure that our online platform is free from viruses and other malicious or harmful content, we cannot guarantee that User’s use of this online platform (including any content on it or any website accessible from it) shall not cause damage to User’s computer or any other device. Except if required by applicable law, we shall not be liable to User for any kind of loss or damage which User suffers as a result of viruses or other malicious or harmful content which User accesses from or by way of the online platform.
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13.0 Use of Trust Maven® Services

13.1 Whilst we shall use reasonable efforts to ensure that availability of the Trust Maven® Services shall be uninterrupted and that transmissions shall be error-free, this cannot be guaranteed. In addition, User’s access to the Trust Maven® Services may be occasionally suspended or limited to allow for repairs, maintenance or the introduction of new facilities or services. We shall attempt to limit the frequency and duration of any such suspension or restriction and shall use reasonable efforts to notify User in advance.

13.2 Trust Maven® shall not be liable for any loss or damage howsoever called, arising out of or resulting from the provision of the Trust Maven® Services hereunder, unless resulting from bad faith or gross negligence on the part of Trust Maven®. This exclusion of liability also covers any loss of business (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill and wasted expenditure) and any social, punitive or other consequential or indirect loss or damage.

13.3 We shall not be liable for any delay or failure to comply with any of our obligations under the Service Terms if such delay or failure arises from any situation of force majeure. Force majeure means anything outside our reasonable control and includes but is not limited to fire, storm, flood, earthquake or other acts of God, explosion, accident, act of public enemy or terrorists, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, labour dispute, transportation embargo, change of laws effected by governmental authority.
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14.0 Compliance with applicable laws and regulations

14.1 User represents and warrants that it shall comply with all applicable laws and regulations when using any Trust Maven® Services.

14.2 User shall indemnify Trust Maven® and any of its affiliated companies against and hold each of these entities harmless from any and all loss, damage, action, judgement, claim, demand, taxes, costs and expenses (including legal and/or other professional fee), incurred by Trust Maven® arising out of or resulting from the provision of the Trust Maven® Services pursuant to this Corporate Services Agreement.
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15.0 Amendments

The Service Terms may be varied from time to time, in which case notice will begiven to User. By continuing to use the online platform or any other Trust Maven® Services, User agrees to be bound by the current Service Terms.
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16.0 Governing Law and Jurisdiction

The Trust Maven® Services Agreement, including the Service Terms, shall be governed by Malaysian law. User and Trust Maven® agree to submit any dispute exclusively to the Malaysian courts.
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17.0 Disclaimer of Liability and Warranty

17.1 It is expressly acknowledged and agreed by User that Trust Maven® only functions as a registering agent for the formation of companies, and further that Trust Maven® only provides assistance in the governance of such formed companies.

17.2 User acknowledges that there are inherent risks associated with the formation and operation of a company. It is therefore expressly agreed by User that Trust Maven® shall have no responsibility or liability whatsoever for any such risks. User furthermore agrees that Trust Maven® shall not be liable for any loss or damage whatsoever (e.g. direct, indirect, consequential, punitive or otherwise), which may arise as a result of User’s use of information or any other services provided by Trust Maven®.

17.3 Trust Maven® shall not provide any warranty, promise or representation of any kind, express or implied, as to the standard, accuracy, purpose or suitability of the information or other Trust Maven® services provided.
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18.0 No Attorney-Client Relationship or Advice

Any communication between Trust Maven® and User (a) does not create or constitute an attorney-client relationship, (b) is not intended to be a solicitation, (c)is not intended to convey or constitute any legal or any other kind of advice and (d) is not a substitute for any legal advice from a qualified outside legal counsel or advice from any other kind of third-party professional.
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Privacy Policy

19.0 Collection of your information

19.1 We may collect the following types of personal data (“Personal Data”):

(a) name

(b) residential address

(c) email address

(d) personal identification information (e.g. identity card number or passport number)

(e) nationality

(f) age or date of birth

(g) bank account details including statements

(h) professional or job title or occupation
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19.2 We collect Personal Data directly from you, unless it is unreasonable or impracticable to do so. When collecting Personal Data, we may collect it in various ways, including:

(a) through your access and use of our website and/or online platform;

(b) through the Trust Maven® Company to which we provide the requested Trust Maven® Services;

(c) upon your completion of payment for engaging Trust Maven® Services;

(d) through emails, messaging applications or other file sharing means, which you use to provide the Personal Data to us.
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19.3 If you do not provide us with any of the Personal Data, we may not be able to provide the requested Trust Maven® Services to you or the Trust Maven® Company, either to the same standard as if you had provided the Personal Data, or atall.

20.0 Purpose of Collection, Use and Disclosure

20.1 We collect, use and disclose your Personal Data for the following purposes, namely to:

(a) provide the requested Trust Maven® Services to you or the Trust Maven® Company and send communications as requested, or for consent purposes by you or Trust Maven® Company;

(b) verify your or the Trust Maven® Company’s identity;

(c) provide access to you or the Trust Maven® Company to our online platform;

(d) provide you with access to certain areas of our website;

(e) answer enquiries and provide information or advice regarding our services;

(f) keep our records and your contact details up to date;

(g) process and respond to any complaints, enquiries or feedback from you; and

(h) comply with any law, regulation, binding decision or direction of a Regulator, and co-operate with any governmental authority.

20.2 We shall not share, sell, disclose or otherwise dispose of your Personal Data, other than in accordance with clause 21.

20.3 We may maintain the Personal Data upon expiry or early termination of the Trust Maven® Services Agreement if and to the extent necessary to enforce any of our outstanding rights hereunder, or as required by applicable laws, whichever period is longer.
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21.0 Disclosure of Personal Data

21.1 We may disclose your Personal Data to:

(a) our affiliated companies or third-party services providers for the purposes (i)set out in clause 20.1, for the purpose of (ii) operating our website or business, (iii) fulfilling your requests, (iv) processing and verification to enable us to comply with our internal policies and (v) for the purpose of otherwise providing our services to you or your Trust Maven® Company;

(b) the relevant Companies’ Registry for the purpose of us providing corporate secretarial services;

(c) law enforcement agencies or regulatory authorities in Malaysia or abroad, if we are required to do so by law;

(d) relevant parties if it is necessary for legal proceedings; or

(e) any other organisation for any authorised purpose with your express consent.

21.2 We may disclose your Personal Data to our affiliated companies or third-party service providers abroad for some of the purposes listed above. In these cases, the disclosure will be on a need-to-know basis.

21.3 Your consent for the collection, use and disclosure of the Personal Data will be on-going until such time it is withdrawn by you in writing. You may withdraw your consent for any of the purposes at any time by informing us at our office address. Whilst respecting your decision, withdrawal of your consent may affect the quality or continuation of the Trust Maven® Services. We shall therefore notify you of the potential consequences of your withdrawal before completing the process of your request of withdrawal.

21.4 Your withdrawal of consent will not affect our obligation to collect, use and disclose your Personal Data, if so required by law pursuant to clause 21.1.
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22.0 Direct Marketing

22.1 We may send you direct marketing communications about our Services which we consider may be of interest to you. These communications are sent in various forms, including mail, SMS, telephone calls and emails, in accordance with applicable laws. If you indicate a preference regarding the method of communication, we will endeavour to use that method whenever practicable to do so.

22.2You may at any time opt-out of receiving these marketing communications from us by contacting us.
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23.0 Access and Correction

23.1 You may access or correct any Personal Data which we hold about you at any time by logging into your account or the account through which your Personal Data was provided.

23.2 Alternatively, you may contact us to request for access and correction of Personal Data which we hold. If you are entitled to access the Personal Data, we will try to provide you with suitable means of accessing it. We may charge you a reasonable fee to cover our administrative costs in providing the Personal Data to you. We do not charge for making any corrections to your Personal Data.
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24.0 Protection of Personal Data

24.1 Although no method of transmission over the internet or electronic storage is completely secure, we take reasonable steps to ensure your Personal Data is protected from misuse or loss, unauthorised access, modification or disclosure.

24.2 All email and SMS messages (as provided by our website or online platform) sent to and from us may be monitored to ensure compliance with our internal policies and to protect our business.
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25.0 Cookies

25.1 We may send you “cookies”, which are unique identifiers, to your device, to enable our systems to recognise your device. We may also use cookies for additional purposes, including:

(a) identifying you during the login process to our website;

(b) keeping track of any preferences specified in your account;

(c) conducting research and diagnostics; and

(d) helping to prevent fraudulent activity and improve security.

25.2 If you do not wish to receive cookies, you can adjust your browser setting so that your device does not accept them.

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