Terms and Conditions
The Terms and Conditions hereunder govern your access to the (name of platform) Platform and the use of the Services, as defined hereunder. By accessing the Platform and/or using the Services, you as the User, agree to be bound by the following Terms and Conditions. If you do not agree with these Terms and Conditions provided herein, please do not access and/or use this Service.
Online Services and other third parties may require separate applications and may have their own Terms and Conditions.
Please ensure that you read and understand these Terms and Conditions. Do not register for a SARAWAK ID account if at any time you disagree with any of the Terms and Conditions herein. Your registration and any activity via SARAWAK ID shall mean that you understand, accept and fully agree to be governed by all of SARAWAK ID’s Terms and Conditions.
You must be at least 13 years of age to register for a SARAWAK ID account or have otherwise obtained your parents’ or legal guardian’s consent for registration.
On-line registration for the Services is provided in utmost good faith based on the registered individual’s identity. Sarawak State Government accepts no responsibility or liability whatsoever, if it is later shown that any such online registration was frivolous, vexatious or fraudulent, or done without the registered individual’s knowledge or consent.
The SARAWAK ID Service is wholly owned by the Sarawak State Government.
We reserve the right to amend, modify, add or remove any provisions under these Terms and Conditions at any time as we deem necessary. Your continued use of SARAWAK ID shall constitute your acceptance of the prevailing Terms and Conditions including any term which may have been amended from time to time. You are responsible to regularly check the Terms and Conditions for updates or amendments.
1. DEFINITIONS & INTERPRETATIONS
DEFINITIONS
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions:-
“Account” refers to such account which you may have with us for purposes of accessing using SARAWAK ID;
“Service Providers” means the relevant Public Agencies approved by us to use SARAWAK ID as a means of authentication for their Specific Online Services;
“Content” means any and all data, information, images, text, digital content and/or media that may be uploaded, produced, generated, stored and/or transmitted through the use of SARAWAK ID;
“Intellectual Property” means any copyright, patents, utility innovations, trademarks, service marks, geographical indications, domain names, layout design rights, registered designs, database rights, trade or business names, rights protecting trade secrets and confidential information, and all other similar or corresponding proprietary rights and all applications for the same;
“Personal Data” means data which can be used to identify contact or locate an individual and includes your name, e-mail address, billing address, shipping address, phone number, credit card information and shall be deemed to include any data that you have provided to us when using the Services, regardless of whether you have an account with us or not;
“Platform” means (a) the web versions of the Services operated and/or owned by SARAWAK ID;
“Public Agencies” shall mean the Sarawak State Government and statutory bodies.
“Registration Information” means accurate and complete PERSONAL DATA, including name, telephone numbers, NRIC number, and e-mail address provided by USERS to SARAWAK ID when applying for registration as approved USER;
“SARAWAK ID” means the electronic identification service of the Sarawak State Government known as “SARAWAK ID” through such Devices, websites, channels or platform, as may be designated by us from time to time.
“SARAWAK ID MATERIALS” means collectively all the web pages on the Platform including the information, images, links, sounds, graphics, videos, software, applications and all other materials displayed or made available on the Platform and the functionalities and/or services provided on the Platform;
“SARAWAK ID Password” refers to the valid password that you use in conjunction with the Username to access Sarawak ID and/or other password-protected and/or secure areas of SARAWAK ID.
“SARAWAK ID Website” refers to the portal on the Internet maintained by the Sarawak State Government and currently identified as https://sarawakid.sarawak.gov.my;
“SARAWAK ID Username” refers to the unique login identification name or code which identifies you.
“Online Services” means the online services provided by Service Providers, which have been approved by us to use Sarawak ID to authenticate users prior to their access or use of such online services.
“Terms of Service” refers to these terms and conditions governing the use of SARAWAK ID as amended from time to time.
“Users” or “User” means any individual person or persons successfully registered at SARAWAK ID to access the Services;
“We”, “us”, “our” shall refer to SARAWAK ID, owned by the Sarawak state of Government
"You" and "your" refer to an authorized individual or corporate that has successfully registered as SARAWAK ID user.
1.2. Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 Under these Terms and Conditions, whenever the words “include”, “includes” or “including” are used they will be deemed to be followed by the words “without limitation”.
1.4. Unless expressly indicated otherwise all references to a number of days mean calendar days, and the words “month” or “monthly” and all references to a number of months shall refer to calendar months.
1.5 Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.
1.6 In the event of a conflict or inconsistency between any two or more provisions under these Terms and Conditions such conflict or inconsistency shall be resolved in favour of SARAWAK ID and the provision which is more favourable to SARAWAK ID shall prevail.
2. SARAWAK ID ACCOUNT
2.1 You warrant that all the Registration Information and Personal Data provided to us during registration by you to use the Services is true, accurate and complete. You are responsible to update any change of information such as Registration Information and Personal Data as and when it occurs. You also agree to provide us with additional information including your personal identification or other documentation as we, or other authorized lawful entity may request from time to time.
2.2 Your SARAWAK ID account is personal to you. You are fully responsible to secure your account and to manage the security of your log-in details such as user name, password and security question and answer. You shall not share any of your security details with any other individual or parties and shall immediately change your password or inform us if you feel that the security of your account has been in any way compromised.
2.3 You must log out from the Service whenever you are not using it. If you authorize any other person to use your password, such authorization shall be deemed without limitation, and we, and Service Providers, shall be entitled to rely on any transactions or other entries or instructions made by or on behalf of such person using your password until you have revoked such authorization, changed your password, and provided us with written notice of such revocation and we have had a reasonable opportunity to act upon such notice.
2.4 No other individual shall have any right to claim from us the personal data or other benefits stored in your SARAWAK ID account. As the security of your SARAWAK ID account is managed by you, any instructions or communication sent from your account or device shall be deemed to have been issued by you unless and until you have notified us that such instructions or communications did not come from you or without your knowledge and consent, PROVIDED THAT before we receive such notification we shall act in accordance with your instructions and communications and shall not be liable for any consequences arising therefrom.
2.5 You understand and agree that we, without admission of liability to you, reserve absolute right to suspend or terminate your SARAWAK ID account either permanently or temporarily upon the occurrence of any of the following conditions below. Termination or suspension of SARAWAK ID account would mean that you will not be able to effect any transactions through SARAWAK ID.
2.6 We will ensure to the best of our best efforts, the continuous availability of the Services. In the event of service disruption due to any reason, restoration of the Service is based on our best effort. You agree that the Service may be not available in the event of unforeseen circumstances arising out of unexpected technical issues, system maintenance, bugs, fixes and other similar disruption issues that may arise.
2.7 All PERSONAL DATA and REGISTRATION INFORMATION shall be handled, stored and processed in accordance with the provisions of the Personal Data Protection Act 2010.
2.8 You shall be solely responsible for keeping your username and password secure and we will not be liable for any disclosure or unauthorized use of your username or password and if your username or password has been compromised you must inform us on an immediate basis.
2.9 Any use of your username or password on the SARAWAK ID website or PLATFORM shall be deemed to be use of the Services by you. Any information, data or communication posted, transmitted or issued during the period that you are logged in with your username and password (whether or not authorized by you) shall be deemed to have been posted transmitted or issued by you and for which you shall accept sole responsibility for any such posting transmission or issuance and agree to indemnify and hold SARAWAK ID and all INDEMNIFIED PERSONS against any loss, damage expense or any liability whatsoever attributable to the use of your user name or password on the SARAWAK ID website or the PLATFORM.
3. USE OF SARAWAK ID
3.1 In order to access or use Sarawak ID, you must register for an Account via the Sarawak ID website, or log into your existing Account. You therefore agree and acknowledge that you obtain and maintain only one Account and one set of Login Credentials, as we will only recognise one Account per individual.
3.2 You agree to the following terms in relation to your use of SARAWAK ID services:-
3.2.1 You shall use SARAWAK ID for valid and legal purposes only;
3.2.2 You will not use SARAWAK ID or any of the features for the purpose that is different from our intended purpose;
3.2.3 You shall not use SARAWAK ID in any unlawful business activities, including drug trafficking, illegal gambling and for any other criminal activities. You warrant and represent that all funds received or transmitted through your SARAWAK ID account shall originate from legitimate sources;
3.3.4 You shall not do anything or attempt to do anything to defraud, infect or spam the system, which may cause disruption or interference, interruption of or otherwise aversely affect the proper operation of SARAWAK ID;
3.3.5 You will not manipulate the Services or be involved in any fraudulent activities with the purpose of obtaining any unlawful gains through the use of SARAWAK ID;
3.3.6 You agree not to hold us liable in the event of a disagreement or dispute between you and a Biller / Merchant or any individual or other third parties using SARAWAK ID;
3.4 User Content and Data
3.4.1 You may be required to upload, share, submit or transmit certain Content during your access or use of the SARAWAK ID and/or the Sarawak ID MATERIALS ("Your Content"). Examples of such content may include, but are not limited to, personal details, contact details, images and photos provided by you when accessing or using Sarawak ID and/or the Sarawak ID MATERIALS. You acknowledge and agree that you shall continue to retain full ownership and control over Your Content and that we do not claim any ownership over any of the same. You hereby grant us, Service Providers, and any relevant Third Party a non-exclusive, worldwide and royalty free licence and right to deal with Your Content for the purposes of providing you with Sarawak ID, and any purposes directly incidental or related to the same. This includes, without limitation:
3.4.1.1 sharing or transferring Your Content to third party service providers that we and/or a relevant Third Party may engage for the purposes of providing you access to and use of Sarawak ID or any part thereof;
3.4.1.2 storing or making backups of Your Content on databases or servers (whether within or outside Sarawak) owned, operated or managed by us, a relevant Third Party and/or third party service providers engaged by us or a relevant Third Party; and/or
3.4.1.3 where you have indicated your agreement to do so, to share, transfer or disclose Your Content with other users of Sarawak ID as designated by you.
3.5.2 We shall have the right to remove and delete any of Your Content, at any time, for any or no reason whatsoever, and without notice to you. We shall not be liable to you in any way whatsoever for any of the aforesaid.
3.5.3 You are solely responsible and liable for Your Content and you acknowledge and agree that you upload, share, submit or transmit Your Content through or by using Sarawak ID and/or the Sarawak ID MATERIALS at your sole risk. For the avoidance of doubt, we may retain and/or store Your Content at our sole and absolute discretion, and we are under no obligation to, nor do we guarantee that we shall, store and/or retain Your Content in any manner whatsoever. You are encouraged to create and retain a back-up of Your Content at all times.
3.8 Restricted Activities
3.8.1 In connection with your use of the SARAWAK ID website, PLATFORM or the SERVICES or in the course of your interaction with SARAWAK ID, a USER, Online Services or any other third party through SARAWAK ID, you must not breach these TERMS AND CONDITIONS or violate any laws regulations or any third party’s rights.
3.8.3 You will not infringe any INTELLECTUAL PROPERTY rights or misuse any SARAWAK ID MATERIALS, impersonate any person or entity falsely, provide any false, fraudulent, inaccurate or misleading information and act in a manner that is defamatory or unlawfully threatening or harassing.
3.8.4 You will not use the SARAWAK ID or the SERVICES in a manner that results in complaints, disputes, claims, fines, penalties and other liabilities to us.
3.8.5 You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or which may pose a material risk thereto and you will not distribute viruses, trojan horses, worms or other computer programming technologies that may harm the SARAWAK PAY APP or website or the interests of any USERS, MERCHANTS or third parties using the Service.
3.8.6 If we reasonably suspect that you are engaging in any of the restricted activities set out above, we may without any liability to you suspend or close your account, cancel or refuse any transactions, report you to the relevant authorities or even commence legal action against you.
3.9 Availability of Services
SARAWAK ID may from time to time without giving any reason or prior notice to you, upgrade, modify, suspend or discontinue the provision of, or remove whether in whole or in part, the PLATFORM or any SERVICES and shall not be liable if any such upgrade, modification, suspension, or discontinuation prevents you from assessing the PLATFORM or any part of the SERVICES.
4. REPRESENTATIONS AND WARRANTIES
By accepting these TERMS AND CONDITIONS, you represent and warrant that you are not violating any applicable laws or regulations through your use of the SARAWAK ID website or APP and the SERVICES and you agree to defend and fully indemnify and hold SARAWAK ID and all INDEMNIFIED PERSONS safe and harmless from any claims, demands (including legal fees and costs) fines, penalties or any other liability incurred by SARAWAK ID due to or arising out of your breach of this representation and warranty.
5. INTELLECTUAL PROPERTY
The intellectual property in respect of the PLATFORM and SARAWAK ID MATERIALS is owned, licensed to or controlled by us, our licensees or our service providers. No part or parts of the PLATFORM or the SARAWAK ID MATERIALS may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means stored in an information retrieval system or installed in any server, system or equipment without prior written consent of the copyright owners.
6. GENERAL TERMS
6.1 Unless otherwise provided herein, the provisions of these TERMS AND CONDITIONS and our rights and remedies thereunder are cumulative and are without prejudice and in addition to any rights we may have at law or in equity.
6.2 Our omission or failure to enforce any of our rights hereunder shall not constitute a waiver thereof and shall not affect our right to later enforce these TERMS AND CONDITIONS.
6.3 If at any time, any of the provisions hereunder become illegal, invalid or unenforceable in any respect, the legality validity and enforceability of the remaining provisions of these TERMS AND CONDITIONS shall not be affected or impaired therein and shall continue in force as if such illegal, invalid or unenforceable provisions have been severed therefrom.
6.4 We shall by giving you at least twenty one (21) days notice through the PLATFORM or by such other method of notification as we may designate, including by e-mail, vary or amend these TERMS AND CONDITIONS and such variation and amendment shall take effect on the date which we specify in our notice.
6.5 Use of the PLATFORM and the SERVICES and these TERMS AND CONDITIONS shall be governed by and construed in accordance with Malaysian law, and you hereby submit to the exclusive jurisdiction of Malaysian courts.
6.6 You may not assign your rights hereunder without our prior written consent and we shall give you prior and ample notice if we should assign our rights hereunder to any third party.
6.7 We shall not be liable for any non-performance, error, interruption or delay in the performance of our obligations hereunder or for any inaccuracy, unreliability or unsuitability of the contents of the PLATFORM or SERVICES is this due in whole or in part directly or indirectly to an event or failure which is beyond our reasonable control.
7. ELECTRONIC COMMUNICATION
You agree that any and all disclosures, notices, announcement and communications regarding the Service between you and us or any Biller / Merchants, including matters covered in the Terms and Conditions, may be made electronically. Such information may be in the form of email, notification via APP or posted at SARAWAK ID website.
8. FEES
There are currently no fees for accessing or using SARAWAK ID and/or the SARAWAK ID MATERIALS. We reserve the right to introduce new fees from time to time. We are not responsible for any fees charged by any other Internet site, application, software, service, product or otherwise that is not provided by us.
9. OUR SUPPORT AND CONTACT DETAILS
Any inquiries in respect of SarawakID may be directed to the following email address and contact numbers;
SAINS Call Centre (24 x 7)
Email: callcentre@sains.com.my
Tel: 1-300-88-7246(within Malaysia)
Fax: +(60)82-266233
11. PRIVACY OF INFORMATION
You acknowledge that the Sarawak State Government will receive your private and confidential information in connection with your use of the Service. However, Sarawak State Government undertakes to comply with the provisions of the Personal Data Protection Act 2010 and that it will not rent, sell or otherwise make available to any third party for any reason whatsoever any of your private and confidential information or any information that personally identifies you, your account or payments you make through the Service, other than to provide the Service or to comply with applicable laws or regulations, or court orders or unless you otherwise expressly agree. Please note that Billers whose bills you pay using the Service and F.I. may have their own privacy policies which are not controlled by the Sarawak State Government.
12. DISCLAIMER OF WARRANTIES AND LIABILITY FOR DAMAGES
Except as provided in the Communications and Multimedia Act 1998 or as otherwise required by applicable law, you agree that the Services are provided on an “as is where is” and with all unforeseen or unavoidable faults hereby disclaims, for itself and all other entities involved in the provision of the Services, all warranties, either expressed or implied or statutory, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or lack of viruses.
In no event shall any other entity involved in the provision of the Services be liable for damages caused other than by its own negligence or intentional misconduct or any indirect, special, incidental or consequential damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of, or in any way related to the use of, or inability to use the Services, even if the Service Provider has been advised of the possibility of such damages.
In no event shall the Sarawak State Government be liable for any act or omission of any third party (such as, Service Providers or any provider of telecommunications services, Internet access or computer equipment or software) or any circumstances beyond our control (such as, a fire, flood or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
13. GOVERNING LAWS
The maintenance and the use of the Service shall be governed by the laws of of Malaysia wherever applicable.
14. AMENDMENTS
The terms and conditions herein may be added to, deleted or amended by the Sarawak State Government at its sole discretion at any time. You will be deemed to have had notice of any such additions, deletions or amendments upon the posting thereof on the Sarawak State Government Web site. If you do not agree with any such additions, deletions or amendments, you may terminate your subscription to the Service in the manner provided below. If you do not do so and continue to use the Service then you shall be deemed to have agreed to the additions, deletions or amendments.
15. SUSPENSION & TERMINATION OF SERVICE
Depending on the issues, we may without notice either suspend or terminate your SARAWAK ID account and Services for any reason.
You must notify us if you intend to terminate your Service. All pending / uncompleted transactions will be processed accordingly before the final effective termination.
16. WAIVERS
No delays or omission by us in exercising any rights or remedies provided herein will impair such right or remedy or be construed as waiver of any such right or remedy. If we exercise any right or remedy, in whole or in part, that exercise will not prevent us from any further or future exercise of such right or remedy or any other right or remedy. No waiver will be valid unless in writing signed by us.
17. HEADINGS
Sections headings are included herein for convenience and reference only.
Note: These terms and conditions have been prepared in English and Bahasa Malaysia and in the event of any conflict, discrepancies or variance between the two versions, then the English version shall prevail.
Definition of indemnified persons?
Do you mean to update the user’s information or to accept the variation or amendmend?
Full terminology to be provided
Where are the methods of terminating the Service”as provided below”
The manner in which the service is to be terminated need to be provided in a detailed manner.
