Terms of Use

1. Introduction

Please read these Terms of Use (“the Agreement”) carefully as the Agreement constitutes a legal agreement between you and Tradeview Capital Sdn. Bhd. (Company No. 202001039154 (1395475-K)) (“Tradeview”).

By downloading or using the Tomi website or Tomi mobile application (collectively referred to as “the App”), you are taken to have agreed to the terms and conditions under this Agreement and our Privacy Policy.

2. Eligibility

You hereby confirm that you are at least 18 years old and is legally capable of entering into binding contracts.

You represent and warrant that all information provided is accurate, complete, and up to date.

3. Your Duties and Responsibilities

3.1 Upon request, you shall provide a valid email address, a password, and answers to security questions (or any other information we may request from time to time), which are necessary for you to gain access to restricted areas of the App.

3.2 We may require additional information, confirmation or declaration from you each time you access the App or certain parts or areas of the App, and you shall provide such information, confirmation or declaration promptly. You represent and warrant that each information, confirmation or declaration you provide to us is accurate, true and complete, and not misleading in any material particular.

3.3 Your access and use of the App shall be strictly limited to yourself. You agree that:

(a) we may determine the appropriate access methods, which may involve a combination of one or more access controls;

(b) you shall be solely responsible for ensuring secure internal and, to the fullest extent possible, external controls on access to and use of the App, including but not limited to the security and confidentiality of your access to the App (such as your password and answers to security questions). We shall be entitled to terminate or suspend your access if we are notified or suspect that your access has been stolen, lost, damaged, compromised or there has been unauthorised use of them, provided always that you shall remain responsible for any actions taken through the use of your access before they are so terminated or suspended; and

(c) you shall be solely responsible for, and be bound by, all acts or omissions of any person using the App through your access. We are under no duty of inquiry regarding the identity, authority or capacity of any such person and are entitled to rely on any instructions submitted by any person accessing or using the App through you or through alternative methods, even if made fraudulently and even if they conflict with the terms of any other instructions given by you.

3.4 You shall access and use the App in compliance with all Applicable Laws. Without limiting the generality of the foregoing, your use of the App shall be subject to such additional restrictions, terms and conditions of use, disclosures or disclaimers that may be communicated to you (whether by written or electronic means) in connection with such use.

3.5 You must notify us immediately if you become aware of or have reasonable suspicion that there is any breach of security, loss, theft or unauthorised use of your access.

3.6 You shall not introduce into the App any content, materials or code which contains any virus, Trojan horse, work, time bomb, cancelbot or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Data. You undertake not to back into, disrupt, disable, burden or otherwise interfere with the accessibility or impair the proper function of the aPP, the services which we may provide to you pursuant to any agreement or the Systems, which shall include, without limitation, spoof attacks, backing, sniffing, tampering, denial-of-service attacks, tampering, reverse engineering or reprogramming.

3.7 Any data, information or message transmitted to you through our System, the App or otherwise is confidential and intended for the sole use of the intended recipient. If you are not the intended recipient, you should immediately notify us and delete or destroy such data, information or message, including all copies thereof.

3.8 You must keep confidential, all information about the App, our system and any information, data, materials or documents provided to you.

3.9 You agree to access Tradeview’s official website at https://www.tradeviewcapital.my/terms-of-use/ on a regular basis to view and keep up-to-date on the latest Terms and Conditions. Users shall seek clarifications from Tradeview should any of the Terms and Conditions be not fully understood.

3.10 You are responsible to and shall personally bear all applicable taxes, rates, governments fees or any other changes that may be levied against you under the applicable laws, if any, relating to or arising from the utilisation of Tradeview’s services and the App.

3.11 You are required to create an account and provide accurate and complete details in order to use the App. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately if you suspect unauthorised access.

4. Client Suitability and Risk Assessment

In compliance with Securities Commission Malaysia requirements and in order for us to provide you with better assessment of your investment profile, we will assess your investment objectives, risk profile, and financial status before providing advice.

You agree to provide accurate and complete information for this purpose.

We shall not be liable for advice that becomes unsuitable due to incomplete or inaccurate information supplied by you.

5. Fees, Charges, and No Refund Policy

All applicable fees or charges for our services will be clearly disclosed before you subscribe for any of the services on the App.

By proceeding to use or pay for our Services, you acknowledge and agree that:

a) All fees paid are final and non-refundable, regardless of whether you continue to use the App.

b) We do not provide refunds for subscription fees, advisory fees, consultation fees, or any other payments once advice has been rendered or access has been granted.

c) In the event of a system error, duplicate transaction, or proven billing mistake, we will investigate and, where appropriate, issue a correction or refund at our sole discretion.

d) Refunds will not be granted for reasons including, but not limited to, changes in your change in preference, dissatisfaction with market performance, or non-usage of the App.

Where applicable, clause 5 clause does not affect your rights under applicable Malaysian law where a refund is legally required.

6. Our Rights

6.1 We may monitor all your access to and use of the App so as to detect any improper activity relating thereto. You shall comply in a timely manner with our requests for information, documents and other material requested by us.

6.2 We reserve the right to restrict, temporarily or permanently, the operation of the App at any time and with immediate effect, without incurring liability of any kind to you, if any of the following events occur:

(a) you have breached the terms of this Agreement;

(b) you are using the App in a manner that may cause us to breach applicable laws, have legal liability or disrupt others’ use of the App;

(c) you are using the App for any illegal activities or where we have reasonable suspicion that you may be doing so;

(d) we become aware or suspect that your credentials are stolen, lost, damaged or compromised;

(e) we become aware or suspect that the person logged into using your account is not you,

(f) we are required to do so by any applicable laws or pursuant to a request by any government or regulatory body;

(g) scheduled downtime or recurring downtime;

(h) a Force Majeure Event;

(i) you publish, post, transfer, distribute or upload any content or information to the App 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;

(j) you modify, adapt or reverse engineer the App or any part thereof; or

(k) you transmit any viruses, worms, defects, Trojan horses or any other items of a destructive nature, or that may otherwise compromise the security of the App.

6.3 For the purpose of section 6.2 of this Agreement, “Force Majeure Event” means any event beyond our reasonable control (and which does not relate to or arise by reason of our default or negligence) which renders impossible or hinders our performance of this Agreement, including the offering of the App thereto, including, without limitation:

(a) war, riot, civil unrest or revolution, sabotage, terrorism, insurrection, acts of civil or military authority, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;

(b) terrorist attacks, civil war, civil commotions or riots;

(c) acts of God, epidemic, pandemic, flood, earthquake, typhoon or other natural disasters or adverse weather or environmental condition;

(d) any act of state or other exercise of sovereign, judicial or executive prerogative by any government or public authority, including expropriation, nationalisation or compulsory acquisition or acts claimed to be justified by executive necessity;

(e) fire, explosion or accidental damage;

(f) collapse of building structures or failure of plant machinery, computers or vehicles;

(g) interruption or failure of utility service, including but not limited to electric power, gas or water; or

(h) any labour disputes, including but not limited to strikes, industrial action or lockouts;

6.4 For the avoidance of doubt, we shall not be in breach of this Agreement, nor liable for any failure or delay in the performance of any other obligations under this Agreement arising from or attributable to any of the circumstances giving rise to a right to restrict (temporarily or permanently) under section 6.2 of this Agreement.

6.5 We reserve the right to communicate with you through various channels for onboarding, marketing communications, and any other relevant purposes. This may include, but is not limited to, email, messaging within the App, messaging via a third party channel or other electronic means. You acknowledge and agree to receive communications through the channels determined by us.

7. Intellectual Property

7.1 The names, images and logos or any other trademarks (“Marks”) identifying us or third parties and their products and services are subject to copyright, design rights and trademarks of us and/or third parties, and all rights to the Marks are expressly reserved by us or the relevant third parties. Nothing contained in this Agreement shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of us or any other third party, without the prior written consent of us or such third party. You shall not use our Marks or the Marks of any other third party in any way, including in any advertising or publicity, or as a hyperlink without our prior written consent.

7.2 We, our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, and other third parties we may appoint for the operation of this App or the provision of services to you and licensors, own and retain all rights, titles and interests in and to: (a) the App; (b) all hardware, software, and other items used to provide the services to you; and (c) all materials, including without limitation, the information, databases, data, documents, online graphics, audio and video, in the App, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by us, you shall not copy, modify, publish, transmit, distribute, perform, display or sell any of our proprietary information. You shall also not decompile, reverse engineer or otherwise attempt to discover the source code of any content available on the App except under the specific circumstances expressly permitted by us in writing.

7.3 By submitting, posting or displaying content on or through the App, you grant to us a worldwide, non-exclusive, royalty-free licence to reproduce, adapt and publish such content on the App for the purpose of displaying, distributing and promoting the App or any other services we may provide to you. You further grant to us an irrevocable non-exclusive licence to use such content submitted, posted or displayed, including any ideas, inventions, concepts, techniques or know-how disclosed herein, for any purpose, including the developing and/or marketing of any of our services. We reserve the right to retain an archival record of all such content including those deleted or removed by you.

7.4 In the event that you download any software, applications or script from the App, the software, applications or script, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed by us to you on a non-exclusive, non-transferable, and non-sublicensable basis for the sole purpose of utilising our services in accordance with this Agreement. For the avoidance of doubt, we are not transferring and do not transfer, title ownership or any other rights to the Software to you. You shall not redistribute, sell, decompile, reverse-engineer, disassemble or otherwise deal with the Software. Any Software downloaded from the App shall be at your own risk.

7.5 You shall not imitate, copy, modify, decompile, disassemble, reverse engineer, distribute, disseminate, reproduce, license or create any derivative works from, assign, transfer or sell, in full or in part and in any way, the App or any information, data, products or services obtained from the App (“App Contents”). Unauthorised conduct or use of the App or the App Contents may violate our or any third-party owners’ intellectual property rights and may also be an offence under the Malaysian Computer Crimes Act 1997. You shall be entitled to retrieve and display the App Contents on any compatible device owned by you and retain a copy of the App Contents for record, provided that you keep intact all accompanying intellectual property rights and other proprietary notices.

7.6 Any persons who made unauthorized publication, reproduction or modification of the contents of the App may be subject to legal action.

7.7 All content, software, and design elements in the App are the property of Tradeview Capital Sdn. Bhd. or its licensors. You are granted a limited, non-exclusive, non-transferable licence for personal use only.

7.8 No part of the App may be copied, modified, or distributed without written consent.

8. Disclaimers and Liabilities

8.1 The App is provided “AS IS” on an “IS AVAILABLE” basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law). We and our licensors disclaim to the fullest extent permitted by Applicable Laws all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, up-to-dateness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, we do not warrant that our services, functions contained in or access to the App, or other content will be timely, uninterrupted or error-free without omission, that defects will be corrected, or that the App or its contents are free of infection by computer viruses and/or other harmful or corrupting code, programme, macro and such other unauthorised software, or that the download, installation or use of any System or content of the App in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the App.

8.2 The App may contain links to other websites which are not maintained by us. Similarly, other websites may contain links to the App. We have no control over such sites and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and shall not be liable for any damages or injury arising from the availability or contents of those websites. Any links to other websites are provided as a convenience to you as a user of the App, and does not imply our endorsement of the linked website or association with their operators. We disclaim all responsibility and liability, direct or indirect, for any damage or losses (including any virus, spyware, malware, worms, errors or damaging materials contained in the linked sites) caused or alleged to be caused by or in connection with the use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risks.

8.3 You acknowledge that there are certain security, corruption, transmission error and availability risks associated with using the App and agree, to the maximum extent permitted under applicable laws, to assume such risks. Without limiting the generality of the foregoing, you acknowledge and accept, given the nature of electronic transactions and electronic telecommunication platforms such as the App, the unique risks of using the App, which include, but are not limited to, the following:

(a) delays in, or inability to, access or use the App due to any hardware, software, system or connection failure, error, malfunction, omission, interruption, delay in transmission or computer virus;

(b) loss, or errors in transmission, of data or information that may occur due to any cause whatsoever, including any failure of any of our electrical, electronic, computer, microprocessor, recording or communication system;

(c) the need to conduct maintenance of the App system infrastructure from time to time, and any delay, failure, error or omission which may ensue therefrom; and

(d) the failure of any electronic security measures including, without limitation, filters, authentication processes and anti-virus software, whether or not for the protection of the integrity of the App, the privacy of your information or otherwise,

and you agree that we shall not bear any liability or losses of any kind, and you shall release us from any claim you may have, with respect to or referable to the above risks and any losses arising therefrom, regardless of whether we had been advised, or were aware of the possibility, of such risks. You shall assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in the computer or systems, if required.

8.4 To the maximum extent permitted under applicable laws and without prejudice to any other rights we may have under this Agreement, you acknowledge and agree that we (and any of our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this App or the provision of services to you, directors, officers, employees, subsidiaries, successors or assigns) are not liable to you for any direct, indirect, consequential, incidental, special or punitive losses suffered by you or any third party, whether arising based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with:

(a) any unavailability of the App and/or your access or use (or inability to access or use) the App;

(b) any failure of our system or App;

(c) any inaccuracies contained in information relating to the system;

(d) any failure to receive or delay in receiving Instructions because of any failure of our system or other facilities or the telecommunication links used to transmit the Instructions;

(e) any delay where the contents of an Instruction are ambiguous, incomplete or otherwise inaccurate;

(f) any unauthorised use of the App or your account;

(g) any breach of security or unauthorised use of, corruption or transmission error associated with our system or other facilities;

(h) any act or omission of telecommunications carriers, internet service providers or any other service providers;

(i) the exercise of any of our rights under this Agreement;

(j) our reliance on such information submitted to us;

(k) any loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; or

(l) any event or circumstance beyond our control.

8.5 Without prejudice to any other rights we may have under this Agreement, you shall indemnify, and shall keep indemnified, us and any of our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this App or the provision of services to you, directors, officers, employees, subsidiaries, successors or assigns, against any losses, including expenses and legal or other professional fees for disputing or defending any action, claim or proceeding, which we may incur or sustain (directly or indirectly) or which may be made against us in any jurisdiction as a result of or in connection with or arising out of: (i) your use of the App or our services; or (ii) our operation of the App or the provision of our services, save where such losses are directly caused by our own gross negligence or wilful default or that of our directors, officers, employees or agents. Without prejudice to the generality of the foregoing, you shall indemnify us for any losses we may incur (directly or indirectly), from:

(a) any breach of, or non-compliance with, this Agreement by you;

(b) any unauthorized use by any party of your account or the App or any part thereof;

(c) any failure or malfunction in your system used in connection with the App;

(d) any computer viruses or other malicious, destructive or corrupting code, agent, programme, macros or other software routine or hardware components designed to permit unauthorised access which have been introduced by you, which affects or causes the App, our hardware, software and/or other automated systems to fail or malfunction;

(e) any information or documents furnished by you to us, which is or proves to have been incorrect, incomplete or misleading in any material respect when provided, or any omission of material facts and information by you which would render any information relied upon by us to be misleading, inaccurate or incomplete;

(f) the exercise of our rights under this Agreement;

(g) our acting or relying on the instructions;

(h) your use or failure to use the App; or

(i) material comprised in the instructions or otherwise provided by you violating any applicable laws or third-party rights, including intellectual property rights.

8.6 You also undertake to procure that, in the event that you transfer all or substantially all of your rights or assets to any other person (whether in the same or any other jurisdiction(s)), you shall procure that such person will indemnify and hold us and our directors, officers, employees and agents harmless on the same terms as those set out above.

9. General

9.1 This Agreement does not supersede or replace any other consent you may have previously or separately provided to us in respect of your access or use of the App, and your consent to this Agreement is in addition to any other rights which we may have in respect of your access or use of the App.

9.2 This Agreement may change from time to time and such changes will be updated on https://www.tradeviewcapital.my/terms-of-use/. If you continue to use or access our App, you are deemed to have agreed to such changes without reservation.

9.3 You shall not have the right to assign any of such rights, undertakings, agreements, duties, liabilities and/or obligations hereunder, except with our written consent. We may assign or transfer any of our rights hereunder to any party without your consent, but subject to prior notification.

9.4 All disclaimers, indemnities and exclusions in this Agreement shall survive the termination of this Agreement.

9.5 If any provision of this Agreement or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further, and for the avoidance of doubt, the rest of this Agreement shall continue in full force and effect, and the legality, validity and enforceability of the whole of this Agreement in any other jurisdiction shall not be affected.

9.6 A person who is not a party to this Agreement shall have no right under any law, to enforce any provision in this Agreement.

9.7 This Agreement shall be governed by, and construed in accordance with, the laws of Malaysia. Any dispute arising out of or in connection with this Agreement and/or the documents referred to herein, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by the Courts of Malaysia, and both you and we hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Courts of Malaysia.

10. Data Privacy and Security

We comply with the Personal Data Protection Act 2010 (PDPA) and the SC’s confidentiality requirements. Your personal data will be handled according to our Privacy Policy.

11. Regulatory Disclosure

Tradeview Capital Sdn. Bhd. is licensed by the Securities Commission Malaysia (License No. eCMSL/A0379/2022) to provide investment advisory services under the Capital Markets and Services Act 2007 (CMSA). You can verify our license at https://www.sc.com.my.