General
These Terms and Conditions set out the general terms governing your use of the website and the content under the domain name www.nusakapital.com (“Website”). Read these Terms and Conditions carefully before using the Website or any service that is provided on the Website. Please ensure that you understand the Terms and Conditions fully. By accessing the Website, you accept and agree to be bound by these Terms and Conditions. If you disagree to the Terms and Conditions laid down herein, please refrain from using the Website immediately. It shall be assumed that if you continue to use the Website, you accept and agree to the Terms.
Amendments
We constantly review our Terms and Conditions to ensure that it is always updated. Hence, we reserve the rights 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 information hosted on the Website page. Your continued use indicates the acceptance of the amended Terms and Conditions.
Information
We state that in preparing and obtaining the information within this document, whilst reasonable care is taken to ensure reliability and accuracy, P2P Nusa Kapital Sdn. Bhd. and its associates, directors, employees and partners do not guarantee to its content and completeness and does not accept any liability for losses which arise from relying on the documents hosted.
However, we apply a strict rule and will exercise a 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 If in any case, the information provided by the User is or becomes untrue, inaccurate, incomplete, outdated or we have reasonable belief that the information provided is untrue, inaccurate, incomplete and outdated, we reserve the right to suspend or terminate your account and prohibit all future access to the Website.
Account Details
To use the Website services, you have to be a registered member. By clicking sign up or join us, you will be directed to a registration page which requires you to fill in your details such as a username and your password. It is your responsibility to maintain confidentiality of your password. You may be required to verify your email by clicking on the link sent to your email.
You are responsible for all activities that occur under your account. If there is any suspicious transaction or activity of your account, you are responsible to notify us immediately. We reserve the right to take action we deem appropriate upon receiving notification from you of any unauthorized use of your account or any intention or actions that disrupts the Website.
Eligibility criteria for Investors
Investors must:
- Be above 18 years old;
- Have a valid identification (Passport or Identification);
- If Malaysian, have a permanent address in Malaysia;
- Have a valid contact number;
- Have a bank account;
- Be any legal business entity that is accepted in their respective countries (for companies);
- Complete Investor Registration Declaration Form and provide any extra documents if requested.
Entry Requirement of Issuer
Only locally registered sole proprietorships, partnerships, incorporated limited liability partnerships, private limited and unlisted public companies can be an issuer.
Based on the Guidelines on Recognized Markets, the following entities are prohibited from raising funds through a P2P platform:
- Commercially or financially complex structures (i.e. investment fund companies or financial institutions);
- Public-listed companies and their subsidiaries;
- Companies with no specific business plan or its business plan is to merge or acquire an unidentified entity (i.e. blind pool);
- Companies that propose to use the funds raised to provide loans or make investment in other entities; and
- Any other type of entity that is specified by the SC.
An Issuer must not be hosting the same Campaign concurrently on another P2P platform, and must at least meet any of the following requirements:
- Be in operations for at least one year;
- Have annual sales of at least RM300,000;
- Demonstrate that operating cash flow in the past 12 months was positive; and
- Have a purchase order in which to base funding size on.
Any company wishing to access the Website as an Issuer must be a registered member and the process is explained above.
Third Party Link
There may be Third Party Websites provided on the Website. This is for your conveniences in accessing to other information and we hold no responsibility for any damage or losses occur by relying on the Third-Party Websites.
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.
Restriction or Prohibited Conduct
By accepting the Terms and Conditions, you shall not in any way use the Website in the respect that:
- is in breach of the Term and Conditions, policies or any other agreement entered with us;
- Conducting fraudulent, criminal or unlawful acts on the Website;
- Misuse the website in an obscene, indecent, vulgar, profane, racial, sexist, offensive, discriminatory, derogatory, harmful, unlawful, threatening, harassing, embarrassing, malicious, abusive, hateful, political, defamatory manner;
- Violate any laws and regulations applicable jurisdiction not limited to the Securities Commission Malaysia Regulations;
- Impersonate or misrepresent any person or body;
- Infringes or breach the copyright or property rights;
- Distribute, or disclose any private information of any third party; or
- Refrain or restricts any other person from using or enjoying the forum on the Website.
We reserve the right to suspend and /or terminate your account if we have reasonable belief that you have committed any breach or suspected to commit breach from the above mentioned.
Non-Liability
Your access to and use of our services is at your sole risk. P2P Nusa Kapital 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 taken as a result of using our Website. Further, any loss resulting from the trading or investment through this P2P Financing Platform is not covered by the Capital Market Compensation Fund (CMCF).
Fees and Charges
|
Investor |
Fee Type |
Rate |
Description |
|
Platform Management Fees |
10% of Return |
Fees charged based on invested funds that are managed within the platform throughout the financing duration. To be charged upon collection of payout. |
|
|
Withdrawal Processing Fees |
RM0.11 – RM1.00 |
Charges if applicable based on any charges by the bank (such as IBG, FPX). Will be charged upon successful withdrawal from Trust. |
|
Issuer |
Fee Type |
Rates** |
Description |
|
|
Processing Fee |
RM50.00 |
A one-time fee charged upon submission of documents. |
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|
Hosting Fee |
RM250.00 |
Fee charged upon hosting of the campaign on the Platform. |
||
|
Maintenance Fee |
Up to 1% per Annum |
Fees charged annually at the end of each anniversary of the tenure of the investment until the repayment of the Investors’ Funds is fully repaid. |
||
|
Service Fee (Wakalah Fee) |
3% to 5% |
Fees charged by the Platform to issuers upon successful funds raised. Fee will be based upon the following Risk Grading: |
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|
Risk Score |
Fee (% Fund Raised) |
|||
|
1 |
3% |
|||
|
1.1 – 2.0 |
4% |
|||
|
2.1 and above |
5% |
|||
|
Rate is determined by total funds raised. Amount calculated from the rate will be deducted from the investment disbursed. |
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|
Stamp Duty |
0.5% Flat Rate |
Duty payable under the law. Fees charged by the Platform to issuers upon successful funds raised. Amount is determined by the amount of funds raised. For example: if campaign hosted is RM100,000 but total investment achieved is RM 85,000. The duty payable would be RM85,000 x 0.5% = RM425. |
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|
Bank Charges (Other) |
RM0.11 – RM1.00 |
Charges if applicable based on any charges by the bank (such as IBG, FPX). Will be charged upon successful withdrawal from Trust. |
||
Our fees may change at any time and we will notify all registered users of any changes in advance by email or on our Website.
Indemnity
You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses in connection with any claim by a third party arising out of your use of the Website or other materials through the Website by you or users of your Account in violation of this Terms and Conditions or in violation of any applicable law.
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:
- The Internal operating systems and procedures used by the Company;
- The Agreements provided and documents; and
- Any information provided in relation to potential or actual Investors.
Conflict of interest
P2P Nusa Kapital, its directors, shareholders and officers are prohibited from investing or 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.
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.
Acknowledgement
You agree that you use the Website at your own risk. This website and the contents herein do not constitute as any financial advice, investment advice or solicitation for the purposes of making financial investments. We provide services by operating a platform for issuers to raise funds and investor to invest in the campaigns. With regard to these opportunities, the need and onus to do due diligence lies squarely with our members as we do not profess to advise on the same. All dealings and transactions are directly with the businesses or project owners we refer to our members.
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.
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 hello@nusakapital.com.
Alternatively, User may direct the complaints to the Consumer and Investor Office of the Securities Commission Malaysia.