Terms and Conditions

Our Terms and Conditions were last updated on September 26th, 2023.

Please read these Terms and Conditions carefully before using Our Service.

Interpretation and definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
1. “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
2. “Account” means a unique account created for You to access our Service or parts of our Service.
3. “Company” refers to ROCK WING CAPITAL SDN. BHD (Company No. 202001042245(1398566-X)) and may be referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement)
4. “Country” refers to Malaysia.
5. “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
6. “Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
7. “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
8. “Promotions” refer to contests, sweepstakes or other promotions offered through the Service.
9. “Service” refers to the Website.
10. “Terms and Conditions” (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
11. “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
12. “Website” refers to AdaCash.my, accessible from https://www.adacash.my/ and via any Device.
13. “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
User Accounts
When You create an account with Us or when You use Our Services, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Acceptance of the service
By accepting the Loan Agreement, you are bound by the terms of the Loan Agreement and these Terms and Conditions.
Service limitation
The Company reserves the right to revise the credit limit of the loan any time prior to you accepting the Loan Agreement.
Disbursement
You agree that the approved loan amount may be disbursed by the Company to a payment channel prescribed by the Company, or where applicable, to a payment channel of your option.
Repayment of instalment
You must repay the Loan by monthly instalments throughout the agreed tenure, or until the Loan and all the interest and other monies payable under the Loan Agreement have been fully repaid.
You acknowledge and agree that any payment made by you in excess of the monthly payment due to us shall be regarded as part payment for the following month's payment.
The Company may, subject to its sole discretion, approve any requests for an early settlement of the Loan Agreement.
Interest rate and other fees
The Company may charge you interest for the loan provided pursuant to the Service, up to an interest rate of 18% per annum. The Company reserves the right to revise the applicable interest rate imposed from time to time.
You shall, at your own account, pay all reasonable costs, charges, fees, and/or expenses incurred in connection with the advancing of the Loan under the Agreement, and under any other documentation and/or any amendment of the Agreement, which total reasonable costs, charges, fees, and/or expenses to be borne by you may include a service fee, processing fee, documentary stamp tax, credit assessment service, and other legal fees.
Late repayment fee and recovery of outstanding sum
The Company may charge you a late payment fee if you fail to repay your instalment before the due date regardless of whether the amount is in respect of the principal loan amount or loan interest (“Late Payment Fee”). The Late Payment Fee is calculated at the rate of 8% per annum from day to day from the date of default in repayment until that sum is paid. The Company reserves the right to revise the Late Payment Fee from time to time.
The Company reserves the right to engage an external debt collector and/or utilize any recourse to the extent permitted by applicable law to collect the payment along with the Late Payment Fee and any other charges from you.
Payment method
Payment of the amounts due under the Loan Agreement can be made through various payment methods which we may specify from time to time under the Service.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your feedback to us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to other websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the Terms and Conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any damages, including special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Indemnity
You agree to indemnify, defend and hold us harmless, and our shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to Your:
(a) violation or breach of any Terms and Conditions or any policy or guidelines referenced herein,
(b) use or misuse of the Services,
(c) breach of any laws or any rights of a third party; and
(d) use of third party intellectual property rights or violation of any applicable intellectual property laws.
“As is” and “as available” disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Content
Your Right to Post Content
Our Service may allow You the ability to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
1. Unlawful or promoting unlawful activity.
2. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
3. Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
4. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
5. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
6. Impersonating any person or entity including the Company and its employees or representatives.
7. Violating the privacy of any third person.
8. False information and features.
Content backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Governing law
These Terms and Conditions and any non-contractual obligations arising out of or in connection with it shall be governed by the laws of Malaysia. Any dispute, controversy or claim, arising out or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by the Courts of Malaysia.
Severability and waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Waiver
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact us
If you have any questions about these Terms and Conditions, You can contact us:
By visiting this page on our website: https://adacash.my/contact_us
By sending us an e-mail: help@adacash.my