These Terms are a binding agreement between you and ESEC MANAGEMENT SDN BHD (hereinafter referred to as “eSEC" as the case may be).
Kindly read the Terms of Use (hereinafter referred to as “Terms") before using eSEC platform as it contains important information regarding your legal rights and remedies. By using any eSEC Services, you agree to be bound by the Terms.
Access and use of this website is conditional upon the acceptance and compliance with the terms listed in this Terms. All use of and/or continued access to this website constitutes agreement to these Terms.
eSEC reserves the right to amend/ modify/ vary/ change or update the Terms at any time by posting the amended Terms on eSEC website, and such amendment will effective at the time of posting. Please visit https://esec.my periodically to determine any changes to these Terms. Any breach of the Terms will result in the termination of the use and access to eSEC website.
The Terms are effective until amended or terminated by eSEC. eSEC reserves full rights to terminate your access to the website at any time without any prior notice. In the event of termination, all restrictions imposed under the Disclaimer, Copyrights and Privacy Statements will survive the termination and continue to be binding upon you.
By accessing or using any eSEC Services, you:-
(a) Acknowledge have read and understood this Terms;
(b) Represent that you are of legal age to enter into a binding agreement and legally entitled to accept this Agreement.
(c) You confirm that all the personal information and contact details is accurate, up to date, not misleading and complete; and that you will keep your account information accurate, up to date, not misleading and complete.
(d) Accept this Terms and agree that you are legally bound by its terms.
(e) Agree to engage us to provide company secretarial services for you. These services may include the following:-
-- Company incorporation or onboarding of an existing entity;
-- Provision at least one (1) qualified individual to act as named secretary in compliance to Section 235 of the Act;
-- Provision of a registered office address;
-- Maintenance of statutory records as required by the Act;
-- Prepare resolutions with regards to any company changes in accordance with the requirements of the Act; and
-- Provide assistance on matters pertaining to Company law and compliance with the provision of the constitution (if any).
(f) Shall provide eSEC with all documents and information as required by eSEC to comply with the internal policies, any applicable laws or guidelines, issued by any relevant authorities or for any other reason as eSEC may consider necessary from time to time.
(g) Agree that eSEC has no liability for any loss or damage whatsoever, arising out of or in relation to eSEC performance of the company secretarial services.
By subscribing to eSEC Registered Office Service, without the confidential post upgrade, you agree that eSEC will open your official post, scan it and place the scanned copy in the file storage facility eSEC gives you. The file storage facility allows you to view, store and download your mail.
By subscribing to eSEC Registered Office Service, without the confidential post upgrade, you agree that eSEC will keep all original copies of your post for 1 month and then securely shred and dispose of it. You can ask for the original copy within that period. A handling fee will be charged for retrieving the document from eSEC physical file storage. If you purchase an address service from eSEC without registering an account with eSEC, eSEC will not be responsible for updating your details at CCM, that is your responsibility.
When you subscribe to one of eSEC address services, you are authorising eSEC to receive and process your post. eSEC are not responsible for losses arising from any act, omission, neglect, failure or delay by eSEC, eSEC employees or eSEC agents in the course of receiving, processing scanning, sorting or forwarding your post.
eSEC accept no responsibility for post that fails to be delivered to eSEC offices. eSEC will not accept any mail that is not official post for your company. Subscribers to any address service eSEC provide may not use the address provided for any legal agreements, mobile phone contracts or property/vehicle registration purposes.
eSEC reserve the right to cancel eSEC provision of an address service with immediate effect should eSEC believes you have caused a risk to eSEC reputation, eSEC business, or any terms under this Terms. Cancellation in such circumstances will not entitle you to a refund, either in full or in part, of any subscription money paid by you for the service eSEC is providing. eSEC will immediately apply to CCM to have eSEC address removed from the public records by submitting the form of notification for change in the registered address/ notification of change in the business/ branch address to CCM.
Multiple companies cannot use a single address service. Each company using eSEC address service can only do so if a separate and appropriate subscription has been paid for each company.
It is your responsibility to ensure that you pay for the renewal of your services when payment falls due. If payment for the renewal of an address service has not been made on or before the renewal date, eSEC will terminate the service and your post will not be accepted. If the address service that eSEC provides relates to a company registered at CCM you will need to advise them of the change of address. If you do not, eSEC reserves the right to do so and will advise CCM by submitting the form of notification for change in the registered address/ notification of change in the business/ branch address to CCM.
If you wish to arrange to collect a parcel or item of post, eSEC require 2 working days’ notice in order to have the item ready for you. eSEC will also ask you to present your ID at the reception when collecting the parcel or the document. Parcels can only be collected during office hours on a working day.
If you cancel your subscription to eSEC service or you fail to renew it, eSEC will retain the documents stored in the file storage facility eSEC provides you for three (3) calendar months only. Thereafter they will be deleted.
Our main services are the company secretarial matter, however we do provide other package of services on our website:
(a) Nominee Director services;
(b) Accounting and bookkeeping services;
(c) Auditing services; and
(d) Taxation services.
(a) To access some of the features from eSEC website or use some of the services: You will have to create and open an account (“User Account” or “Client Portal”) with eSEC. The User Account will enable the administration of your companies and your access to the services on the eSEC website.
(b) Authority to act for your company: You represent and warrant that you have full legal right, full power and authority to execute, deliver and exercise the rights and perform the obligations under the Terms on behalf of your company.
(c) Communications: We shall communicate with you in any medium of communication, such as email, WhatsApp, SMS, or communications on our website or through other eSEC Services. You hereby expressly consents to receive any such communication from us as an adequate form of communication. You agree that it is your responsibility and not ours to ensure that all agreements, notices, disclosures and other communications which we provide electronically, satisfy any legal requirements that such communications be in writing.
(d) Copyrights: Other than content generated by you on the online platform, we or our licensors own all copyrights in the content of this online platform. You own the copyright in any content which you generate (for example, when User inputs details into share transfer form and other statutory returns documentation), but you herewith grant to us a free, non-exclusive and irrevocable licence, with the right to sublicense, to use that content for the purpose of providing to you the eSEC services.
(e) Your Account: You are responsible to maintain the confidentiality of your password and account, and for any other activities which occur using your account or which are signed for. We shall not be liable to you or any of your related entities for any loss or damage, which may arise as a result of any failure by you to protect your password, private key or account.
(f) Third Party Software and Application Programming Interface (“API”): eSEC and you may use third party software and APIs when using the online platform or the eSEC Services. eSEC does not guarantee the reliability of such third-party software or APIs. You agree that eSEC is not liable for any loss or damage whatsoever, arising out of the use of third-party software or APIs to access any information, the online platform or the ESEC services.
(g) Your Information: You confirm that all information and details provided by you to eSEC shall at all times be true, complete, accurate and up to date in all respects, as eSEC relies on such information and details for the provision of the eSEC services. You can update or correct any of the information or details at any time through your account on the online platform.
(h) Fees and Payment: You shall pay eSEC in advance the fees set out in eSEC online platform, engagement letter, email or eSEC website for the relevant eSEC services, by electronic invoice, which can be paid by bank transfer or credit cards. If there are any fees for eSEC services which are not set out on eSEC online platform or website, eSEC shall issue an invoice to you for such eSEC services provided.
(i) Termination: Should eSEC found your account information are untrue, inaccurate, out of date or incomplete, eSEC reserves the right, in eSEC sole and absolute discretion, to suspend or terminate your User Account.
By using eSEC User Account/Client Portal, you agree that:-
(a) Your registration of the User Account and your use of the website are in compliance with all applicable laws and regulations;
(b) You shall comply with all relevant legislation when using the User Account, and you shall use the User Account limited to the purpose for which it is intended to be used;
(c) You shall prohibit third parties to use your User Account;
(d) You shall not assign, transfer or give the access of your User Account to any other party;
(e) You shall not use / access the User Account of a third party;
(f) You shall use the User Account only for legitimate purposes;
(g) You shall provide eSEC with the proof of identity as it may reasonably request or require;
(h) You shall provide accurate, current and complete information as required for the User Account and take the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of these Terms.
(i) You shall not block/ delay/ prevent the correct operation of the network; and
(j) You shall not use the User Account to make any disruption or inconvenience.
(a) Any content of eSEC online platform which is provided by eSEC, its partners or licensors, is provided for general information only. eSEC does not accept any liability for its use;
(b) eSEC excludes any liability which may arise from your use of or reliance on the content of the online platform, except if and to the extent such liability arises from eSEC fraud or fraudulent misrepresentation;
(c) As part of the eSEC services, you are able to interact with certain content provided by us (including any share transfer form, company incorporation forms and statutory filing documentation);
(d) eSEC shall not be liable for any content, including accuracy or completeness thereof, of any user-generated content;
(e) Whilst eSEC uses reasonable efforts to ensure that eSEC online platform is free from viruses and other malicious or harmful content, eSEC cannot guarantee that if you use of this online platform (including any content on it or any website accessible from it) shall not cause damage to your computer or any other device. Except if required by applicable law, we shall not be liable to you for any kind of loss or damage, which you suffers as a result of viruses or other malicious or harmful content which you accesses from or by way of the online platform; and
(f) eSEC shall not provide any warranty, promise or representation of any kind, express or implied, as to the standard, accuracy, purpose or suitability of the information or other eSEC services provided.
These Terms should be read in conjunction with eSEC Privacy Policy.
When you make an online payment to eSEC for any of services, your payment is processed by eSEC secure third-party payment gateway provider:-
(a) The payment gateway provider may store your banking, e-wallet or debit/credit card details securely, without eSEC having access to the details.
(b) eSEC systems only retain details of the last 4 digits of your card or bank account number for reference purposes. The last 4 digits are recorded in the finance section of your registered account. The processing of payments or credit, if applicable, in connection with your use of the portal is subject to the terms and conditions and data protection guidelines of the payment gateway provider and your financial institution or credit card company.
(c) eSEC is not responsible for any errors made by the payment gateway provider. In connection with your use of the services, eSEC will receive certain transaction details that eSEC will use exclusively in line with eSEC Privacy Policy. eSEC will not be liable for any loss or damage, including theft or fraud, arising directly or indirectly from:-
-- eSEC failure or omission to protect your personal data from being seen by other persons or otherwise obtained by other persons when you enter your payment details online;
-- Your failure to provide accurate information for the online payment process; or
-- Any other causes in connection with the specified mode of payment.
(d) eSEC shall not be liable for the time of an outside delays in outside payment gateway to charge or refund you or if your bank account and/or debit/credit card and/or e-wallet has been used in a fraudulent manner.
(e) eSEC services are charged in Ringgit Malaysia (MYR). Payment received means when money is confirmed as having been deposited in eSEC bank account as cleared funds.
(f) You remain liable for the payment of the applicable taxes and you shall pay all eSEC invoices, where applicable, in full, free of any withholding and/or deductions for applicable taxes and bank charges.
(g) eSEC reserves the right to change, modify or update the prices and fees on eSEC website and to change, or withdraw any service or product at any time, and such changes or modifications shall be posted on the website and be effective immediately without the need for further notice to you. Every effort is made to ensure that the prices are correct, but in the event of serious error, any transaction shall be voidable by eSEC and you would then be entitled to a full refund.
(h) If you have purchased or obtained services for a period of months or years, changes or modifications in prices and fees shall be effective when the services in question come up for renewal.
(i) If you fail to make any payment due, you will be advised in writing and eSEC reserves the right to terminate the service with immediate effect. eSEC reserve the right to suspend/terminate the service if the payment remains outstanding for more than one (1) calendar month.
Any communication between eSEC and you:-
(a) does not constitute an attorney-client relationship;
(b) is not intended to be a advocates & solicitor;
(c) is not intended to constitute any legal or any other kind of advice; and
(d) is not a substitute for any legal advice/ service from a qualified outside advocate & solicitor or advice from any other kind of third-party professional.
eSEC may send you “cookies”, which are unique identifiers, to your device, to enable eSEC systems to recognise your device. eSEC may also use cookies for additional purposes, including:-
(a) identifying you during the login process to eSEC website;
(b) keeping track of any preferences specified in your account;
(c) conducting research, analysis and diagnostics; and
(d) helping to prevent swindling activity and improve security.
Should you do not wish to receive cookies, you can adjust your browser setting so that your device does not accept them.
Title to and all intellectual property rights in the software, website, standard checklists, forms, templates, documentation, videos, training and marketing materials developed or prepared by eSEC remain our property.
Title to and all intellectual property rights in any documents or data files uploaded to our file storage facility remain your property.
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. eSEC and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the content for any purpose.
To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express, implied or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
Without limiting the above, eSEC, its subsidiaries and its licensors do not warrant that the content available through the service is accurate, reliable or correct, that the service will meet your requirements, that the service will be available at any particular time or location, uninterrupted or secure, that any effects or errors will be corrected or that the service is free of viruses or other harmful components.
Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
These Terms and eSEC Privacy Policy constitute the entire agreement between you and eSEC with respect to the website/ platforms and supersede all prior or contemporaneous understanding and agreements, whether written or oral, with respect to the website/ platforms.
Please take note that both eSEC Terms and eSEC Privacy Policy create no third-party beneficiary rights.