This MHub SERVICES AGREEMENT FOR LOAN REFERRALS governs the use of MHub, which is provided by TRB Ventures Sdn. Bhd. (Company No: 1041201-U), a company incorporated under the laws of Malaysia having its registered address at 20-M, Lorong Gopeng, 41400 Klang, Selangor and its business address at B-3A-07, Oasis Square, Ara Damansara, Jalan PJU 1A/7A, 47301 Petaling Jaya, Selangor (hereinafter referred to as “TRB”), by the User in accordance with the terms and conditions set out hereinbelow.
In this agreement, unless the context otherwise provides:
- “Credit Provider” means: Loan/financing services providers licensed by Bank Negara Malaysia
- “MHub” means: The website with URL www.mhub.my; www.mhub.com.my; www.mortgagehub.my and www.mortgagehub.com.my which provides the online platform for loan/financing referral services between the Loan Applicant, the User, the Affiliate and the Credit Provider.
- “MHub Services” means:The access to MHub provided to the User or Affiliate for use and to transmit or receive any information for the purpose of loan/financing referral to the Loan Applicant.
- “MARVIS” means: The back end office/ system of MHub.
- “Trial Programme” means free usage of MHub accorded to the User for a period of six (6) months from 1st May 2016 to 31st Oct 2016 unless otherwise notified by TRB in writing.
“User” means the participants of the MHub Services during the trial programme, consisting of either:
- any authorised officer or personnel of the User who has signed up and/or registered with MHub as an “Affiliate” to make loan referrals to and/or through MHub; or
- any authorised officer or personnel of the Credit Provider who has signed up and/or registered with MHub as a “Credit Provider Representative” to accept loan/financing referrals from MHub.
“Loan Applicant” means the applicant for the loan or financing referred by the User and/or the Affiliate.
The Use of MHub
- In consideration of the User agreeing to use MHub under the Trial Programme, TRB grants the User a non-exclusive licence to use MHub under the Trial Programme for referring prospective Loan Applicant to any of the Credit Provider listed in MHub and/or to process the loan/financing application for the Loan Applicant.
- TRB does not make any warranties about MHub under the Trial Programme.
- In the event the User chooses at its discretion to promote MHub on its website and/or any other promotional materials, it can be done only with the prior written consent of TRB.
- The User warrants that it has the right to include the promotion of MHub on its website or any other promotional materials.
- The User shall not disclose and/or reveal the contents of MHub or make any representation about MHub to any person save and except general information on MHub provided by TRB to the User for the purpose of referring MHub to its clients who are interested to apply for loan/financing.
- Information contained in MHub such as loan / financing terms, rates, tenures, etc is to be used only as a guide. Credit Provider’s rates, discounts, borrowing capacity and other information will not be in the MHub and must be obtained from the Credit Provider and/or the Credit Provider Representative.
Terms and Conditions applicable to an Affiliate
- This registration of the Affiliate does not create and/or constitute an agency or principal agent relationship between the parties.
- TRB hereby allows the Affiliate, on a non-exclusive basis, to make loan/financing referrals to the Loan Applicant by using MHub.
The Affiliate is deemed to have agreed to the terms and conditions on the occurrence of any of the following events:
- the Affiliate expressly accepts and agrees to the terms and conditions by means of the online registration process for the Affiliates made available by TRB; or
- the Affiliate signs the acceptance and/or agreement to the terms and conditions herein in any written form; or
- the Affiliate uses the MHub or makes a loan/ financing referral using MHub.
The Affiliate will refer Loan Applicant who is looking to finance a property through MHub.
The Affiliate shall use its best endeavours to promote MHub provided by TRB to the Loan Applicant, in accordance with the terms and conditions of this Agreement.
TRB and the Affiliate shall both cooperate and shall act in good faith at all times.
The Affiliate must not engage in any credit activity with the Loan Applicant using MHub, other than informing the Loan Applicants that MHub is able to provide loan/ financing referral to the Credit Provider and/or to Credit Provider Representatives. In particular, the Affiliate must not assist the Loan Applicant to obtain loan/ financing from any particular Credit Provider or make any recommendation about the suitability of any loan or financial product offered by a Credit Provider.
The Affiliate shall not demand or accept any payment or other consideration from any party for the use of the MHub or making referrals.
The Affiliate shall pass on to MHub the name and contact details of the Loan Applicant who wishes to be contacted by a Credit Provider Representative, and where applicable, a short description of the proposed purpose of the loan/ financing if it is made known to the Affiliate, not later than 5 business days after informing the Loan Applicant that MHub is able to submit the Loan Applicant’s details to a Credit Provider.
The Affiliate shall only make referrals when the Affiliate obtains the consent of the Loan Applicant to do so including but not limited to the Loan Applicant’s consent that the updates to the loan/financing application are to be communicated through MHub.
The Affiliate shall at all times conduct its business in compliance with all the applicable laws and in a professional and ethical manner.
Terms and conditions applicable to Credit Provider Representative
- This registration of the Credit Provider Representative does not create and/or constitute an agency or principal agent relationship between the parties.
- TRB hereby allows the Credit Provider Representative, on a non-exclusive basis, to use the TRB’s MHub as online platform for the purpose accepting and/or receiving any loan/financing referrals.
The Credit Provider Representative is deemed to have agreed to the terms and conditions on the occurrence of the following events:
- the Credit Provider Representative expressly accepts and agrees the terms and conditions by means of the online registration process for Credit Provider Representative made available by TRB; or
- the Credit Provider Representative signs the acceptance and/or agreement to the terms and conditions herein in any written form; or
- the Credit Provider Representative uses the MHub to accept and/or receive any loan/financing referrals.
The Credit Provider Representative consents to his name appearing in a list of participating Credit Provider Representatives on MHub and warrants that he is not aware of any prohibition from the same.
The Credit Provider Representative shall use its best endeavours to process the loan/financing applications expeditiously in accordance with the requirements of the Loan Applicant.
TRB and the Credit Provider Representative shall both cooperate and shall act in good faith at all times.
The Credit Provider Representative shall not demand or accept any payment or other consideration from any persons for the use of MHub.
The Credit Provider Representative shall update the status of the loan/financing application through MHub.
The Credit Provider Representative shall at all times not be a person banned from engaging in credit activity.
The Affiliate shall at all times conduct its business in compliance with all the applicable laws and in a professional and ethical manner.
- The User shall provide TRB with such information and documents as TRB may reasonably require to confirm the identity, background, good reputation, financial standing, and business structure of the User, including but not limited to a copy of the driver license or other identification document of the User or, if the User is a company, of each director of the company.
- The User allows TRB to disclose such background checks, information and documents on a confidential basis to a Credit Provider who may require any of such information or documents for the purposes of accreditation of the User or as a condition precedent of accepting /financing referrals from the User.
- The application of the other provisions of this agreement is conditional on the User complying with this clause.
- TRB may prevent the User from making referrals to a particular Credit Provider if the User does not meet the requirements for the particular Credit Provider.
Intellectual Property and Rights
- The User acknowledges that all rights, titles and interests in and to all intellectual property rights subsisting in any materials or publications developed by or for TRB, or created, maintained, used or provided by TRB pursuant to, for the purpose of or in connection with this Agreement, are the property of TRB Intellectual property rights include, but are not limited to, any trade mark or business name, any computer program (including the MHub & MARVIS), and any report, marketing material, manual, file, script, inventory, database, record or information.
- The User must not alter, amend or change the programming or output associated with the MHub.
- The User must not on sell, copy or provide the MHub to any other individual or company for use without written consent from TRB.
Confidentiality and Privacy
- The User shall not disclose at any time to any person any information which has been nominated by TRB as confidential or use or attempt to use any such confidential information in any manner which may cause or be calculated to cause injury or loss to TRB.
- If the User receives any credit related information from TRB about a Loan Applicant, the User shall not use or disclose this information other than for the purpose of informing the status of a loan/financing application by the Loan Applicant. The User must ensure that any such information is at all times kept secure and protected from unauthorised use or disclosure.
- All information received by TRB from the User or the Affiliate for the purpose of this Agreement must not be used or disclosed other than for the purpose of referring the Loan Applicant’s loan/financing application to the Credit Provider selected by the Loan Applicant and shall be processed in accordance with the requirements under the Personal Data Protection Act 2010.
- The User must register with GST when it is required by law to do so.
- TRB warrants that it is registered with GST.
- The User has no right to make any representations and/or enter into any arrangement/agreement for and/or on behalf of TRB and/or to do anything that may bind TRB.
- TRB shall not be liable for any loss or damage whether arising in contract, tort or otherwise sustained by the User and/or the Loan Applicant or any other person which may be sustained in connection with this Agreement or any act or omission or services provided by the TRB save and except if such loss or damage is caused by the negligence, willful act or omission or default by TRB .
- TRB shall not be liable for any damages arising from the use of the MHub or actions of the Credit Provider Representative that TRB places the Loan Applicant in contact with. TRB only provides a guide for loan information, any disputes relating to the Loan Applicant’s loan/financing or timing of approval is an issue that resides with the Credit Provider.
- TRB and the User acknowledge and agree that the Credit Provider is not liable for any liability, loss, expense, damage or cost that either party may suffer arising out of or in connection with this Agreement.
- Either party may terminate this Agreement at any time by giving written notice of termination to the other party.
- TRB reserves the right to remove MHub from the User’s website at any time with prior notification to the User, or to cease allowing the User to make any referrals and/or to approve any loan/financing application through MHub.
- TRB reserves the right to amend these terms and conditions with prior notice to the User.
- The User will be notified of any amendment to these terms and conditions prior to the amendments coming into force.
- The User is deemed to have accepted any amendment to these terms and conditions in the same manner as the User is deemed to have initially accepted these terms and conditions as provided in clause 1 unless the User has notified TRB of any disagreement prior to the amendments coming into force.
This agreement shall be deemed to have been made in Malaysia and the construction validity and performance of this agreement shall be governed in all respects by laws of Malaysia.
Any term, condition, stipulation, provision, covenant or undertaking in this Agreement which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provision thereof, and any such illegality voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other term, condition stipulation, provision, covenant or undertaking herein contained.
In the event of any strike lock-out enemy action hostilities riot civil commotion or any other circumstances (whether or not of a similar nature to the foregoing) over which TRB has no control which causes the cessation of or substantial interference with the performance of the services by TRB under this Agreement the duty of TRB to perform the said services shall forthwith be suspended until such circumstance shall have ceased. In such event, TRB shall not be liable to the other for any loss, damage, injury or delay thereby caused.
This Agreement shall be binding upon the respective heirs, personal representatives assigns and successors in title of the parties hereto.