REGISTRATION FORM

DNEX HALLMARK E-COMMERCE SDN BHD (1093694-H)
(formerly known as Nation Hallmark Sdn Bhd)
Tower 3, Avenue 5, The Horizon, Bangsar South, No. 8, Jalan Kerinchi, 59200 Kuala Lumpur.
Tel: 603-2730 0200 Fax: 603-2713 2991 Careline: 1300 133 133
REGISTRATION FORM
Please fill in the form and tick () the box where applicable. Those marked with asterisk (*) are mandatory information required.
1. COMPANY DETAILS
*Company Name
*Registered Address
*Company Registration No.
*Agent Code
**Requires below forms as supporting document(s), applicable for new DNEX customer
(1) Form 9 – Certificate of Incorporation;
(2) Form 13 – Certification of Incorporation on Change of Name of Company;
(3) Form 49 – Particulars of Directors, Managers and Secretaries
* CONTACT PERSON
* CORRESPONDENCE / BILLING ADDRESS
MR / MRS / MS / MDM / Encik / Puan / Cik (Please circle)
* Name:
______________________________________________
* Designation & Department:
___________________________________________________
* (Address Line 1)
___________________________________________________
* (Address Line 2)
______________________________________________
___________________________________________________
* (Address Line 3)
*Contact No.: (
) - ____________________________
*Mobile No.: (
) - ____________________________
* City/Town:
___________________________________________________
) - _____________________________
* Postcode:
___________________________________________________
*Email: ________________________________________
* State:
___________________________________________________
*NRIC No.: __________________-_______-___________
* Country:
___________________________________________________
*Fax No.:
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(
DNEX HALLMARK E-COMMERCE SDN BHD (1093694-H)
(formerly known as Nation Hallmark Sdn Bhd)
Tower 3, Avenue 5, The Horizon, Bangsar South, No. 8, Jalan Kerinchi, 59200 Kuala Lumpur.
Tel: 603-2730 0200 Fax: 603-2713 2991 Careline: 1300 133 133
2. INSTALLATION DETAILS
* AUTHORIZED PERSON
* CORRESPONDENCE ADDRESS
MR / MRS / MS / MDM / Encik / Puan / Cik (Please circle)
* Name:
______________________________________________
* Designation & Department:
___________________________________________________
* (Address Line 1)
___________________________________________________
* (Address Line 2)
______________________________________________
___________________________________________________
* (Address Line 3)
*Contact No.: (
) - ____________________________
*Mobile No.: (
) - ____________________________
* City/Town:
___________________________________________________
) - _____________________________
* Postcode:
___________________________________________________
*Email: ________________________________________
* State:
___________________________________________________
*NRIC No.: __________________-_______-___________
* Country:
___________________________________________________
*Fax No.:
(
3. * SERVICE TO SUBSCRIBE
Please tick () where applicable:
1.
myCargo2U
K1, K1A, K2, K3, K8, K9 and Financial Services Payment Gateway (FSPG)
2.
Value Added Product
GST Accounting Interface
myStat
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DNEX HALLMARK E-COMMERCE SDN BHD (1093694-H)
(formerly known as Nation Hallmark Sdn Bhd)
Tower 3, Avenue 5, The Horizon, Bangsar South, No. 8, Jalan Kerinchi, 59200 Kuala Lumpur.
Tel: 603-2730 0200 Fax: 603-2713 2991 Careline: 1300 133 133
4. * DECLARATIONS
I/We _________________________________________________________________________________ (name of company)
having company registration number ______________________________________, hereby confirm that I/We have read,
understood and accepted the Terms and Conditions as attached herewith.
Privacy Policy and Consent to Use Personal Data
At DNEX Hallmark, we are committed to protecting your privacy as our valued customers and pledge to comply with the Personal
Data Protection Act (“PDPA”) 2010.
Please note that any personal information (“Personal Data”) in respect of commercial transactions that relates directly or
indirectly to you as an individual, that had been collected, processed and retained by DNEX Hallmark is protected under our
Privacy Policy, formulated in pursuant to the PDPA 2010.
Please refer to our Privacy Policy at http://www.dnex.com.my/privacy-policy to understand how we do this and feel free to reach
us at pdpa@dnex.com.my should you have any additional enquiries.
IMPORTANT: By submitting this form, you agree and consent to the use, processing and disclosure of your Personal Data by
DNEX Hallmark for the purpose as described in this form.
1.
*Signature: _____________________________________________ *Date: __________________________
2.
*Name of Authorised Signatory:
______________________________________________________________________________________
3.
*NRIC No: ______________________________________________________________________________
4.
*Designation: ____________________________________________________________________________
5.
*Company Stamp:
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DNEX HALLMARK E-COMMERCE SDN BHD (1093694-H)
(formerly known as Nation Hallmark Sdn Bhd)
Tower 3, Avenue 5, The Horizon, Bangsar South, No. 8, Jalan Kerinchi, 59200 Kuala Lumpur.
Tel: 603-2730 0200 Fax: 603-2713 2991 Careline: 1300 133 133
TERMS AND CONDITIONS
1.
GENERAL
1.1
This Terms and Conditions are binding on you (“Subscriber”).
1.2
This Terms and Conditions including the Schedules, contain the complete and exclusive understanding of the Subscriber with respect to the subject matter
hereof and become effective ("Effective Date"), upon signing and returning the Registration Form (as defined) by the Subscriber to DNEX Hallmark eCommerce Sdn. Bhd. (“DH”) (the receipt of which must have been duly acknowledged by DH).
1.3
DH is entitled to reject an application from the Subscriber for the Services (as defined) at its sole discretion without assigning any reason.
1.4
All prior representations whether made orally, in writing or electronically are hereby superseded. No waiver or amendment of any of the provisions hereof
will be binding unless made in writing and signed by a duly authorised representative of DH.
1.5
This Terms and Conditions may be amended by DH from time to time by prior written notice to the Subscriber.
1.6
If any provision of this Terms and Conditions is held to be invalid or unenforceable for any reason whatsoever, such provision is deemed deleted and the
remaining Terms and Conditions herein shall remain valid and enforceable apart from such provision.
2.
DEFINITIONS AND INTERPRETATION
2.1
In this Terms and Conditions, except where inconsistent with the subject or context:
a) “Agent” means any representative, agent, professional adviser, contractor or third party service provider;
b) “Business Day” means a day on which DH is open for business for the Services;
c) “Holding Company” means Dagang NeXchange Berhad (Company No. 10039-P), a company incorporated in Malaysia and having its office address at
Tower 3, Avenue 5, The Horizon, Bangsar South No. 8, Jalan Kerinchi, 59200 Kuala Lumpur, Malaysia;
d) “Loss” means all loss, liability, damage, costs and expense (including tax, legal costs, investigation cost, litigation, arbitration, settlement, judgement,
interest/charges and penalties;
e) "DH" means DNEX Hallmark e-Commerce Sdn. Bhd. (Company No. 1093694H), a company incorporated in Malaysia and having its office address at
Tower 3, Avenue 5, The Horizon, Bangsar South, No. 8, Jalan Kerinchi, 59200 Kuala Lumpur, Malaysia;
f) “Payment Instrument” means online payment, cheque, draft, money order, traveller’s cheque or other paper instrument issued to one or more persons;
g) “Registration Form” means an instrument attached to this Terms and Conditions which contain details information of the Subscriber duly signed and
submitted by the Subscriber to DH;
h) “Related Corporations” means in relation to any person, a subsidiary of that person or a holding company of that person or any other subsidiary of
that holding company;
h) “Representative” means a person’s directors, officers or employees;
i) “Security Code” means any confidential password, security code or other identifier issued by DH, directly or indirectly to access or facilitates access to
the Services;
j) "Services" means supply and installation of myCargo2U software at the Subscriber’s place by DH and shall include related services offered by DH to
the Subscriber from time to time;
k) “Subscriber" means any Person or other legal entity utilising the Services; and
l) "User ID" means a unique identification provided by DH to the Subscriber which enables the Subscriber to obtain the Services.
2.2
In this Terms and Conditions:
a) Person shall include any individual, body whether corporate or unincorporated, firm or partnership.
b) Words importing the masculine gender shall include the feminine and neuter genders.
c) Words importing the singular shall include the plural.
d) Headings are for convenience of reference only.
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DNEX HALLMARK E-COMMERCE SDN BHD (1093694-H)
(formerly known as Nation Hallmark Sdn Bhd)
Tower 3, Avenue 5, The Horizon, Bangsar South, No. 8, Jalan Kerinchi, 59200 Kuala Lumpur.
Tel: 603-2730 0200 Fax: 603-2713 2991 Careline: 1300 133 133
3.
APPLICABLE FEES/CHARGES
3.1
The Subscriber shall pay all fees and charges to DH for the Services as per the price list annexed hereto. The fees and charges payable by the Subscriber
are non refundable for any reason whatsoever. The fees and charges do not include applicable taxes, if any which shall be payable by the Subscriber, and
DH shall include taxes such as Government Service Tax (GST) at the prevailing rates.
3.2
All payments shall be made to DH by any modes of Payment Instrument.
3.3
All payments of fees and charges for the Services shall be made in Ringgit Malaysia.
3.4
DH reserves the right to review such fees and charges annually and to vary the same by giving 30 days notice to the Subscriber. The date of coming into
force of the new fees and charges shall be the date stated in the notice.
3.5
The Subscriber shall pay or reimburse DH for any taxes, deduction, charges, stamp, transaction and withholdings (together with any related
interest/charges, penalties, fines and expenses) in connection with the Services. The Subscriber shall provide DH with such documentation, declarations,
certifications and information as DH may require in connection with any taxes. The Subscriber warrants that such information is true and correct in every
respect and shall immediately notify DH if any information requires updating or correction.
4.
VARIATION OF SERVICES
The Services provided by DH may be modified, enhanced, substituted, suspended or removed by DH by giving 30 days prior written notice to the
Subscriber.
5.
PERIOD OF SERVICES
5.1
The Services shall commence on the Effective Date and continue for a minimum period of twelve (12) months (“Initial Term”) unless terminated
in accordance with Clause 13, Upon the expiry of the Initial Term and in the absence of any termination notice by either party, the Subscriber agrees to
continue with the Services provided by DH and pay the
applicable fees and charges as stated herein.
5.2
Upon the expiry of the Initial Term, either party may terminate the Services by giving thirty (30) days written notice to the other.
6.
SECURITY RESPONSIBILITIES
6.1
Each Subscriber is responsible for the confidentiality of the password, user identification number or other security device assigned by DH to that
Subscriber. Each Subscriber shall ensure that only duly authorised persons shall use such
password, user identification number or other security device.
6.2
DH hereby disclaims all responsibility and liability for the acts or omissions of the Subscriber in this area.
7.
SUPPORT
DH shall provide the necessary support to the Subscriber via its help desk during DH’s normal business hours.
8.
LIABILITY LIMITATION
8.1
DH will not be liable for any Loss that the Subscriber may suffer or incur arising from or in connection with our execution, non-execution or delayed
execution of any incorrect or incomplete information or instruction from the Subscriber.
8.2
DH will have no liability for any Loss that the Subscriber may suffer or incur arising from any loss or theft of any Payment Instrument or Security Code.
8.3
DH is not liable for any Loss of any nature which the Subscriber may suffer or incur in relation to the Services that DH provides, save for any direct Loss
attributable to DH’s gross negligence or wilful misconduct. The Subscriber agrees that unless otherwise expressly provided, DH will provide the Service as
independent contractor, not as agent and the Subscriber agrees that the Services which DH provides to the Subscriber will not give rise to any fiduciary or
trustee duties on its part.
8.4
Failure by DH to demand performance of any terms herein shall not be deemed a waiver of any of DH's rights under any provision of this Terms and
Conditions and in particular, without limiting the generality of the foregoing, shall not be deemed a waiver of DH's right to demand performance of any
provision of this Terms and Conditions at any time and further shall not render DH liable to the Subscriber for the default of any other Subscriber.
9.
INDEMNITY
9.1
The Subscriber shall indemnify and hold DH, harmless from and against any and all Losses resulting directly or indirectly from DH providing the Services
to the Subscriber including those arising from: (a) DH’s acceptance or execution of any instruction issued by the Subscriber’s authorised person; (b) DH’s
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DNEX HALLMARK E-COMMERCE SDN BHD (1093694-H)
(formerly known as Nation Hallmark Sdn Bhd)
Tower 3, Avenue 5, The Horizon, Bangsar South, No. 8, Jalan Kerinchi, 59200 Kuala Lumpur.
Tel: 603-2730 0200 Fax: 603-2713 2991 Careline: 1300 133 133
payment of any taxes interest/charges or penalty otherwise due from the Subscriber and paid on behalf of the Subscriber or from which DH has incurred
on the Subscriber’s behalf as a result of the provision of the Services. Any amount due from the Subscriber to DH under this paragraph is payable on DH’s
demand.
9.2
The Subscriber shall indemnify DH from any claims, suits, actions, liabilities, and costs of any kind resulting directly or indirectly from any acts or
omissions by the Subscriber.
10.
INFORMATION
10.1
The Subscriber agrees that any information provided to DH is accurate, complete and up-to-date. If any information the Subscriber has provided to DH
changes, the Subscriber must immediately provide details of such change.
10.2
DH shall treat all information that the Subscriber’s provides and which DH has on the Subscriber as confidential. DH will only process, use and transfer
personal information that DH’s collect from the Subscriber for the purposes of providing the Services to the Subscriber and for providing the Subscriber
with information about the Services and other services which DH consider may be of the interest to the Subscriber, at all times in compliance with any
applicable data protection laws.
10.3
The Subscriber agrees that DH may disclose, share or submit such information which include the customs and trading information (such as Purchase
Order, Invoices, Bill of Lading, Insurance etc.) to: (i) the Holding Company, (ii) any associated or subsidiaries corporation of the Holding Company, (iii)
insurance company and licensed financial institutions which provide or will be providing the financing in relation to the Services and insurance company,
(iv) DH’s service provider or professional advisor, who is under a duty of confidentiality in respect of such information, (v) any actual or potential participant
or transferee of DH’s rights and obligations under this Agreement, or (vi) Government of Malaysia or other regulatory body or as required by laws.
11.
CONFIDENTIALITY AND USE OF DATA
11.1
Save as provided herein DH shall as far as reasonably practicable take all appropriate steps as to safeguards and maintain the confidentiality of all
information provided or transmitted in relation to the Services.
11.2
DH shall be entitled to use data for the purposes of building up, updating, and providing its database access service or other value-added service that it
may introduce from time to time. DH shall ensure that access to the information provided by such Services shall be limited only to information or data
which are not prejudicial to the commercial interests of the Subscriber. No warranty or representation is, however, given as to the accuracy; completeness
or usefulness of any data and each Subscriber using such Services assumes sole responsibility for use of the same.
12.
AUDIT
DH shall cause to be undertaken a regular audit both by its own internal auditors and independent external auditors of its computer systems to ensure
integrity and security.
13.
TERMINATION OF SERVICES
13.1
The subscription of the Subscriber to the Services may be terminated without cause or reason by DH by giving 30 days notice in writing to the Subscriber.
13.2
DH reserves the right to cease immediately to provide the Services and to terminate the Subscriber's subscription forthwith if that Subscriber shall go into
liquidation or commit an act of bankruptcy or a receiver or receiver and manager or official assignee is appointed over the assets of the Subscriber or the
Subscriber fails to pay any amounts due and payable to DH or the Subscriber (intentionally or not intentionally) provides wrong or false information or
breaches any of this Terms and Conditions.
13.3
Any termination of the Services pursuant to Clause 13.1 or 13.2 above shall be without prejudice to any other rights or remedies of DH may be entitled
herein or or at law including recovering from the Subscriber any Loss resulting from the termination.
14.
ASSIGNMENT
The rights and obligations of the Subscriber to the provision of the Services by DH shall not be transferred, assigned, novated, leased or licensed to any
other person, body or entity without the prior written consent of DH.
15.
NOTICE
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DNEX HALLMARK E-COMMERCE SDN BHD (1093694-H)
(formerly known as Nation Hallmark Sdn Bhd)
Tower 3, Avenue 5, The Horizon, Bangsar South, No. 8, Jalan Kerinchi, 59200 Kuala Lumpur.
Tel: 603-2730 0200 Fax: 603-2713 2991 Careline: 1300 133 133
Any notice which is required or permitted to be given by one party to the other may be given by hand delivery, by registered mail directed to the other
party's address set forth in this Agreement or to such other address as may be substituted by notice to the other party, or by means of an electronic
transmission (i.e. by facsimile or electronic-mail) followed by a hard copy within seven (7) days. Notices will be deemed effective on the same business
day if delivered by hand or sent by electronic means and on the date of posting if sent by post.
16.
LEGAL COSTS AND GOVERNMENT TAXES
The Subscriber shall bear all legal cost of expenses incurred by DH on a solicitor and client basis in recovering any monies, charges, costs or expenses
due and payable by the Subscriber for the Services or in bringing any action or proceeding to recover any monies, charges, costs or expenses payable by
the Subscriber. The Subscriber shall also bear all Governmental Taxes, Levies and any cost imposed by Law.
17.
GOVERNING LAW
This Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and the parties hereto agree to submit to the
jurisdiction of the courts of Malaysia.
18.
PERSONAL DATA PROTECTION ACT 2010
18.1
DH is committed to protecting the Subscriber’s privacy as its valued customers and pledge to comply with the Personal Data Protection Act (“PDPA”)
2010.
18.2
Any personal information (“Personal Data”) in respect of commercial transactions that relates directly or indirectly to the Subscriber as an individual, that
18.3
The Subscriber may refer to DH’s Privacy Policy at www.dnex.com.my to understand how DH manages the Personal Data. The Subscriber may email to
had been collected, processed and retained by DH is protected under DH’s Privacy Policy, formulated in pursuant to the PDPA 2010.
pdpa@dnex.com.my for additional enquiries.
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