Platform Agreement

The following terms and conditions constitute an agreement between you and Raiz Malaysia Sdn Bhd (Company No.: 201801021108) (1283127–W ) (“Raiz” “we” or “our” or “us”), the operator of the platform which provides micro-investing, risk assessment, asset allocation, investment implementation, rebalancing, registry, reporting and communication services (accessible through our website at www.raiz.com.my or on our mobile application) (“Platform”). These terms and conditions (“Platform Agreement”), together with our Privacy Policy located at the Platform (which is incorporated herein by reference, and collectively, the “Agreement”) govern your use of the Platform.

By using or otherwise accessing the Platform, you agree to the terms of the Agreement. If you do not agree with the Agreement, you must refrain from accessing or using the Platform. Please note that the Platform is offered through Raiz's website ("Website") or Raiz's mobile application (“App”) which comes without any warranties apart from that afforded by law. You are required to sign-up to the Platform and authorize the use and disclosure of your information for purposes of allowing us to grant you access to the Platform and as otherwise disclosed in our Privacy Notice.

• PLATFORM
  • The Platform is an end-to-end digital micro-investment service that provide automated, algorithm-driven investment management services delivered through a mobile platform. The Platform uses information provided by you in response to a series of questionnaire regarding your age, current net wealth, risk tolerance, investment horizon, and uses in-built algorithms to recommend a portfolio based on your financial goals and objectives.
  • If you breach the terms of this Agreement, we reserve to immediately suspend or terminate the right for you to access the Platform on a temporary or permanent basis including suspending or terminating your Raiz Investment Account at any time which will result in your inability to use the Platform. Upon termination, we will transfer funds in your Raiz Investment Account to your bank account.
• CONTENT
  • You acknowledge that the performance projections and suggested Portfolio recommended by the Platform (“Content”) that we disclose is to the best of our knowledge using conservative estimates of future market performance and do not constitute an opinion or advice, nor is it a substitute for the same. “Content” constitutes design, text, data, graphics, images, user interface, visual interface, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Platform. The Content is provided solely to assist you with making and managing your investment in a user-friendly Platform.
  • You are solely responsible to:
    • evaluate the quality, adequacy, completeness and usefulness of all services, Content, portfolio management advice, opinions and other information obtained or accessible through the Platform; and
    • seek further professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any investment, business or commercial decision based on any such materials or information. You agree that your use of the Content is solely at your own risk.
  • It is important to note, however, that the timeliness, accuracy, and completeness of any or all of the Content are not guaranteed.
• SIGN UP - USERNAME AND PASSWORDS
  • When you first sign-up, you are required to provide your login credentials such as your name, email address, phone number. You will also be asked to create a unique password. These are your registration details for accessing the Platform that are only available to Raiz users. You will receive a notification via email once your Raiz Investment Account has been approved. You can play an important role in keeping your personal information secure by maintaining confidentiality of any password and accounts used on the Platform. Please notify Raiz immediately if there is any unauthorised use of your Raiz Investment Account by any other internet user or any other breach of security including if your password has been stolen or compromised.
  • You are responsible for the security of your username and password (or other log-in information) and you take responsibility to ensure confidentiality of this information.
  • You must be 18 years of age or over to register with us or use the Platform. If you do not qualify under this Platform Agreement, do not use the Platform. By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into this Platform Agreement and to abide by all of the terms and conditions.
• USER OBLIGATIONS
  • By registering for access to the Platform, you agree to abide by the following terms and conditions:
    • you may only use the Platform for lawful, non-commercial, personal purposes and not for any purpose that is illegal or prohibited by this Platform Agreement;
    • you are responsible for protecting the safety and security of any computer, mobile phone and/or any other equipment and/or hardware you use to access the Platform;
    • you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
    • you may not attempt to gain unauthorized access to the Platform, user accounts, Raiz’s and other Raiz user’s computer systems or networks through hacking, password mining or any other means. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, spamming, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system, website or app;
    • you agree to provide current, accurate and up-to-date information about yourself as required under this Platform Agreement;
    • you will not infringe our intellectual property rights or those of any third party in relation to your use of the Platform; and
    • you accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and reserve the right to update this information at any time.
  • Any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You agree to take sole responsibility for and assume all risk arising from your access and use of the Platform.
• YOUR PERSONAL INFORMATION AND PRIVACY
  • We collect and process your personal data and information in accordance with the Privacy Policy available on the Platform and you hereby consent to the processing of your personal data in accordance with the Privacy Policy.
  • By using the Platform, you agree to provide true, accurate, current and complete information about yourself, and your accounts maintained at third party websites and you agree to not misrepresent your identity or your account information held with third party account providers.
  • By using, and continuing to use, the Platform, you authorize Raiz and its service providers to access third party websites designated by you, on your behalf, to retrieve information requested by you in order to facilitate the provision of services by Raiz. For that sole purpose only, you hereby appoint Raiz and each Service Provider as your agent, with full power of substitution and re-substitution, to access third party websites, servers or documents, retrieve information, and use your information, all as described in this clause 5.3, with the full authority to do and perform anything necessary to be done in connection with such activities, as fully to all intents and purposes as you may or could do in person.
  • You acknowledge and agree that when Raiz or a service provider accesses and retrieves information from third party websites, Raiz and any service provider are acting as your agent. You agree that third party account providers are entitled to rely on the foregoing authorization and agency granted by you solely for the purpose set out in this clause 5.4.
• PLATFORM MAINTENANCE
  • It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Platform, which may temporarily degrade the quality of the Platform or result in a partial or complete outage of the Platform. In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the Platform while maintenance is being conducted.
• CONTENT YOU SUBMIT
  • By submitting information through the Platform, you agree to and hereby do grant, and you represent and warrant that you have the right to grant to us and our contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, distribute such information to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such information. We reserve the right to keep a copy of the information you posted for archival purposes, adjust, reuse or remove the information at our sole discretion.
  • Without prejudice to the foregoing, we reserve the right to investigate and take appropriate legal action against anyone who breaches this provision or the above section on User Obligations, including without limitation, removing any offending communication from the Platform and terminating the account of such violators or blocking your use of the Platform.
• INTELLECTUAL PROPERTY RIGHT
  • The Platform and all Content contained on the Platform (including without limitation all text, graphics, icons, advertisements, photographs, databases, trade marks and other information contained on the Platform (other than Third Party Content) (and all intellectual property rights that subsist on the Website or App, and Raiz Content, including without limitation copyright, trade marks, patents, design rights and all other forms of intellectual property existing in the world) are owned and operated by Raiz or its third party licensors and suppliers. Nothing in this Agreement constitutes a transfer of any intellectual property right.
  • Subject to the foregoing restrictions and all applicable laws and regulations, we grant you a non-exclusive, non-transferable, personal, limited and revocable license to use the Platform to download, access, view, use and display the Content which Raiz makes available from time to time on the terms and conditions set out in this Agreement and the Account Opening Agreement.
  • You must not do anything which breaches or otherwise interferes with Raiz’s intellectual property rights or the intellectual property rights of any of Raiz’s third party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from any Raiz Content without the prior written permission of Raiz or the relevant third party licensor or exploit such contents for commercial benefit. Unauthorised conduct or use of the Platform or Content may violate our or any third party owners' intellectual property rights and may also be an offence under the Malaysian Computer Crimes Act 1997.
  • If you use any of Raiz’s or our third-party licensor’s trademarks, rights in internet domain names and Platform addresses and other rights in trade names (“Marks”) in reference to our activities, products or services, you must include a statement attributing the Marks to us. You must not use any of the Marks:
    • in or as the whole or part of your own trademarks;
    • in connection with activities, products or services which are not ours;
    • in a manner which may be confusing, misleading or deceptive; and/or
    • in a manner which disparages us or our information, products or services.
  • All rights not expressly granted are reserved by Raiz.
• INTELLECTUAL PROPERTY RIGHT
  • The Website or App may contain links to third party websites where content is not controlled or owned by Raiz (“Linked Sites”).
  • Links to Linked Sites are provided for convenience only. The appearance of a link to a Linked Sites does not imply Raiz’s endorsement of that Linked Sites or any content created or uploaded by a party other than Raiz, including all text, graphics, icons, advertisements, photographs, databases, trade marks and other information created and/or uploaded by such a party (“Third Party Content”). Raiz has no control over and is not responsible for any Linked Sites or any Third Party Content.
  • You access Linked Sites at your own risk and, to the full extent permitted by law, Raiz disclaims all guarantees and warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on such Linked Sites and in Third Party Content.
  • Your use of Third Party Content (including, without limitation, that featured on Linked Websites) may be subject to a third party's terms and conditions of use. It is your responsibility to check and comply with such terms.
• PROHIBITED ACTIVITIES
  • We may (but shall be under no obligation to) investigate if you have misused the Platform, or behave in a way, which we regard as inappropriate, unlawful or illegal. The following is a non- exhaustive list of prohibited activities which you shall not engage in with respect to the Platform. We reserve the right to amend this list at any time. The prohibited activities include, without limitation:
    • impersonating any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Platform;
    • expressing or implying that any statements you make are endorsed by us without our specific prior written consent;
    • using any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Platform;
    • "frame" or "mirror" any part of the Platform, without our prior written authorization;
    • using any code or other devices containing any reference to us or the Platform to direct persons to any other website and/or service;
    • using the content contained in the Platform for any illegal, fraudulent or harmful purpose;
    • using the Platform in any manner that could damage, disable, overburden, impair the operation of the Platform, our servers or networks, or interfere with any other party's use and enjoyment of the Platform, or violate any requirements, procedures, policies or regulations of such networks;
    • violating any laws; and
    • publicly disseminate information regarding the performance of the Platform or access or use the Platform for competitive analysis or benchmarking purposes.
• DISCLAIMER
  • You release us from all liability for you having acquired or not acquired the Content through the Platform. We make no representations concerning any Content contained in or accessed through the Platform, any delay in accessing the platform, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform. We make no representations or warranties regarding suggestions or recommendations or endorsements of services or products offered or purchased through the Platform.
  • We are under no duty to verify or enquire into the identity, authority or capacity of any person from whom we receive instructions on your behalf, and are entitled to rely on any instructions submitted by any person accessing or using the Platform, even if made fraudulently and even if they conflict with the terms of any other instructions given by you.
  • Save and except for any implied warranties which cannot be contracted out by law, we hereby disclaim all warranties, with respect to the Platform, including without limitation any warranties that the Platform is merchantable, of satisfactory quality, accurate, fit for a particular purpose or need. We do not guarantee that you will be able to access or use the Platform (either directly or through third party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the Platform or any other data or information provided or received through the Platform. Except as expressly set forth herein we make no warranties about the Platform or any other security associated with the transmission of sensitive information. We do not warrant that the Platform will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Platform are free of computer viruses, contaminants or other harmful items.
• LIMITATION OF LIABILITY
  • To the fullest extent permitted by law, Raiz excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in this Agreement.
  • To the fullest extent permitted by law, the Platform and Content is provided to you "as is" and on an "as available" basis, without any representation or endorsement made and without warranty or guarantee of any kind (whether express or implied). This means that Raiz does not guarantee continuous, uninterrupted or secure access to the Platform or that its servers are free of computer viruses, bugs or other harmful components or that defects will be corrected. As a result, you may at times experience disruption or other difficulties in using the Platform. You should consider the potential for disruption or other difficulties in planning your use of the Platform. To the extent permitted by law, Raiz has no liability to you whatsoever for loss or costs of any kind you suffer as a result of or in connection with any disruption or other difficulties in using the Platform.
  • To the fullest extent permitted by law and except where the relevant liability arises from Raiz’s unlawful actions, neither Raiz nor any party involved in creating, producing or delivering the Platform accepts any liability for the accuracy, timeliness or completeness of the information contained on the Platform or any responsibility for any errors or omissions in the content on the Platform.
  • To the fullest extent permitted by law and except where the relevant liability arises from Raiz's unlawful actions, Raiz excludes all liability to you for any damages or loss (including without limitation direct, incidental, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit, or loss or corruption of data) arising out of your access to, or use of, or inability to use or access the Platform or otherwise in connection with:
    • your use of, or reliance on, the Platform (or any of the Content, Linked Site or Third Party Content) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise));
    • the accuracy, timeliness, credibility, quality, utility or completeness of the information contained on the Platform; and/or
    • any errors or omissions in the content on the Platform, whether or not Raiz is aware of such errors or omissions
  • The technology used by the Platform involves machine learning, which is a computational method that uses existing data to continually refine algorithm, improve performance and to make predictions. Certain types of inaccuracies are inherent and unavoidable in the use of this type of technology. You agree and accept that machine learning inaccuracies may arise in the course of Raiz providing services to you, which may adversely affect you, and that it may not always be possible for Raiz to identify such inaccuracies and/or provide you with notification of such instances. To the full extent permitted by law, Raiz does not accept any responsibility for loss or costs of any kind you suffer as a result of or in connection with any inherent inaccuracies or omissions arising from the use of machine learning. However, Raiz will use its best endeavours to correct any such underlying inaccuracies where they are identified.
• INDEMNIFICATION
  • You agree to indemnify Raiz, our employees, affiliated companies, agents, subcontractors, officers or counter-party employed or used by us against any liability, loss, damage or costs and expense (including, without limitation, reasonable legal expenses on a reasonable basis) and penalties incurred or suffered by any of them us arising out of or in connection with:
    • your material breach of this Agreement (noting that for the purposes of this clause 13.1, a material breach will include, without limitation, a breach of a representation, obligation or warranty);
    • any act of fraud or wilful misconduct by or on behalf of you;
    • any misuse or use of Content in breach of this Agreement;
    • your access or use of the Platform, including, without limitation, the Content or any other information accessible over or through the Platform; and
    • any content submitted by you or your violation of the Agreement, or any other laws, regulations and rules.
  • You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third-party rights (including, but not limited to, claims in respect of defamation, breach of confidence, infringement of copyright or infringement of any other intellectual property right).
• SUSPENSION AND TERMINATION
  • We reserve the right to immediately suspend or terminate the Raiz Investment Account or the provision of any Services, temporarily or permanently at any time, without being liable to you in any manner, in the event of the following:-
    • there has been a breach of the Agreement or other policies and terms posted on the Platform by you or by someone using your Registration Details;
    • you are using the Platform for any illegal activities or where we have reasonable suspicion that you may be doing so;
    • we become aware or suspect that the person logged into using your username and password is not you;
    • we are required to do so by any applicable law or pursuant to a request by any government or regulatory body;
    • scheduled downtime or recurring downtime;
    • you publish, post, transfer, distribute or upload any content or information to the Platform or in any other social media which is false, misleading or inaccurate, contains rude and inappropriate language or which creates the impression that any content is sponsored or endorsed by us;
    • you modify, adapt or reverse engineer the Platform or any part thereof; or
    • you transmit any viruses, worms, defects, Trojan horses or any other malicious items of a destructive nature, or that may otherwise compromise the security of the Platform.
  • Notwithstanding the foregoing, the Agreement will automatically terminate upon termination of the Account Opening Agreement. We shall not be liable to you or any third party for any termination of your access to the Platform. Further, you agree not to attempt to use the Platform after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register). Upon termination of the Agreement, you may request a full withdrawal of your Raiz Investment Account.
  • Notwithstanding anything contained in the Agreement, any provisions of the Agreement which are capable of having effect after the termination of your registration shall remain in full force and effect following the termination of your registration.
• GENERAL
  • Amendments to this Platform Agreement
    

    We reserve the right to amend this Platform Agreement and the other documents consisting of the Agreement from time to time. Any such change will take effect within (14) Business Days (defined below) after we post the amended terms on the Platform. We may also attempt to notify you via electronic or conventional mail. Your continued access to and/or use of the Platform following such posting and/or notice shall constitute your agreement to be bound by this Platform Agreement or other applicable Agreement document, as amended. If at any time you choose not to accept this Platform Agreement, including following any such modifications hereto, then you must stop using the Platform. For the purposes of this Agreement, "Business Day" shall mean a day (excluding Saturdays, Sundays and national or Kuala Lumpur public holidays) on which commercial banks in Kuala Lumpur, Malaysia are open for business.

  • Severability
    

    If any provision of the Agreement shall be found or held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

  • Governing Law
    

    The Agreement shall be governed by the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction.

  • Non-waiver
    

    Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  • Entire Agreement
    

    The Agreement and any supplemental terms, policies, rules and guidelines posted through the Platform including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements.

  • Headings
    

    The headings in the Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of the Agreement or any terms or conditions therein.

  • Non-assignment
    

    You may not assign, transfer or sublicense the Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

Contact us

If you would like to know more about our services, or have any queries, please contact us.

Email: help@raiz.com.my

Telephone: +603 2714 6114