FIDU Website / Mobile App Terms & Conditions

  1. Company Details

    FINEXUS International Sdn Bhd (Company Registration No. 200901000571 / 0843494-U) ("FISB") is a registered company in Malaysia, with its office at #1 Jalan Pangkor, Titiwangsa Sentral, 53000 Kuala Lumpur, Malaysia. FISB is part of the Finexus Group. FISB’s core expertise lies in providing comprehensive regulatory reporting compliance solutions to the banking industry. We are dedicated to supporting taxpayers nationwide, including sellers and buyers, by providing our latest e-Invoicing solution innovation, FIDU.

  2. Our Service

    FISB provides the FIDU service (collectively referred to as “FIDU” or “Service”), which allowing Buyer (collectively referred to as “User”) to self-generate e-invoices for the transactions User performed with the Sellers participating in FIDU service.

  1. By signing up for the FIDU Service, you agree to accept and abide by these Terms & Conditions (“Terms & Conditions” or “Agreement”).
  2. To access the features of the FIDU service, the User is required to register. During this process, you are required to register a username and password for the user account. This information is also known as your personal identification details which will be stored until you choose to close your account.
  3. For the purpose of Know Your Customer (KYC) verification, we may request that you to promptly provide us with additional information regarding the information you have submitted to us while using our services. You are responsible for ensuring that the Information you provide to us is accurate, complete, and not misleading and that such Information is kept up to date. If you have reasons to believe that your records with us are inaccurate, incomplete, or not updated, you may make such corrections via the FIDU platform.

  1. The terms used in this Terms & Conditions are as defined below:
    Account means the account designated for submission of the e-invoice.
    Affiliate means a company, corporation or other entity which directly or indirectly controls, is controlled by or is under common control with, a Party to this Agreement.
    FIDU Platform means the online platform provided by FISB, including but not limited to any related materials and documentation and services developed, modified and/or owned/ provided by FISB.
    Contact Data means the personal information, including but not limited to the name and contact information relating to a User.
    e-Invoice means the electronic invoice document issued by the seller to the buyer, which is handled in the electronic environment.
    Personal Data means the definition set out in the Malaysian Personal Data Protection Act 2010.
    Service means the FIDU Service as described in Clause 1.2.
    User or You means any natural or legal person/entity who is a user of the FIDU Service and has agreed to the Terms & Conditions herein.

  1. Variation of the Terms & Conditions

    You acknowledge that FISB has the right to change, restrict, vary, or modify these Terms & Conditions in such manner as FISB deems fit. These amendments and variations may include changes to product features and service offerings. Such amendments and variations shall be effective once they have been posted on www.fidu.my. The User is responsible to regularly review the Terms & Conditions. The continued use of the Service shall constitute an agreement to be bound by such amended or varied Terms & Conditions.

  2. Compliance with laws, rules, and regulations

    Each Party shall at all times comply with all laws, rules, and regulations in connection with each Party’s performance and activities under this Agreement and your use of the Service, including but not limited to:

    1. those concerning the furnishing of any documents or information required to comply with laws, rules, and regulations;
    2. those concerning the filing of reports and documents with any authority, including Lembaga Hasil Dalam Negeri Malaysia (Inland Revenue Board Malaysia) and the payment of all taxes, duties, assessments, and charges (and any penalties thereon) resulting from Party’s activities in connection with this Agreement;
    3. any registration and filing requirements; and
    4. any other rules and regulations specified in the LHDN e-Invoicing Guideline.

  1. User Obligations

    Users are responsible for ensuring that all information and materials uploaded on the FIDU Platform are accurate, up-to-date, and comply with applicable laws and regulations at all times. Users are solely responsible for any content and materials they upload, post, or transmit through FIDU or provide pursuant to these Terms & Conditions. FISB is not responsible for the accuracy, completeness, or timeliness of any such content and materials, or any output based on the same.

  2. Prohibited Use

    Users are strictly prohibited from utilizing the FIDU platform for any illegal or unauthorized purposes. This includes but is not limited to, violating any applicable laws or regulations, impersonating another person, business, or entity, uploading, or transmitting viruses or other malicious code, interfering with or disrupting the FIDU Platform or its servers, misrepresenting the origin of any content, or engaging in any activity that could harm or damage the FIDU Platform, its users, or third parties. Any violation of these prohibitions may result in the immediate suspension or termination of the User's access to the FIDU Platform, the Service and/or termination of this Agreement.

  3. Service Updates

    If FISB is of the view that immediate changes are necessary to safeguard the security of the Service, FIDU Platform or Users’ accounts, you acknowledge that the Service may be automatically updated at FISB’ sole discretion without notice to you.

  4. Scheduled Downtime

    To ensure optimal service performance, FISB consistently enhances its FIDU Platform During these upgrades and/or maintenance, the Service (or parts thereof) may temporarily be inaccessible. FISB will regularly post notifications regarding downtime on the FIDU Platform for Users' awareness.

  1. FISB represents and warrants:
    1. that the Service is of satisfactory quality and suitable for User's intended purposes; and
    2. that it has taken reasonable efforts to put in place security measures or controls to safeguard information security in accordance with applicable laws and regulations and industry standards.
  2. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are excluded to the maximum extent allowed under Malaysian law.
  3. The Service and FIDU Platform may be subject to limitations, delays, and other issues inherent in the use the Internet, mobile signals, and electronic communications or any faulty hardware or device and FISB is not responsible for any delays, delivery failures, damage or losses resulting from the same.
  4. No Party shall be liable for damages resulting from a breach of contract or default which the Party in default could not reasonably foresee at the making of this Agreement. FISB shall in no event be liable to User for any compensation resulting from the expiration or termination of this Terms & Conditions. This Terms & Conditions does not create any liability of FISB towards User’s customers or subcontractors.
  5. In no event will either Party be liable to the other for any consequential, indirect, incidental, special, aggravated or punitive damages arising out of or related to this Agreement. FISB and its agents, representatives and suppliers involved in administering, distributing or providing the Service, shall under no circumstances be liable for any loss of business, loss of revenue or lost profits, loss of opportunity, loss or damage to data, damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, failure of performance, theft, destruction or unauthorised access to FISB’s records, programs or services, indirect, incidental, special or consequential damages that result from the use of or inability to use the Service, even if such party has been advised of the possibility of such damages.
  6. You hereby agree to fully indemnify and to hold FISB, its parent organisations, subsidiaries, affiliates, officers, directors, members, employees, agents and representatives (collectively referred to as the “Indemnified Parties”) harmless from and against any claim brought by a third party arising in connection with the use of the Service in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered, or incurred directly or indirectly by FISB and the Indemnified Parties in consequence of and/or in connection with your use of the Service, and your breach of any of the Terms & Conditions.
  7. To the extent permitted by law, the total liability of FISB, and its suppliers, for any claim under these Terms & Conditions, including for any implied warranties, is limited to the amount the User has paid to use the Service for which the claim relates to (or, if FISB chooses, to supplying you the Service again). In all cases, FISB and its service suppliers, will not be liable for any loss or damage over and above the Service provided.

  1. Handling of Personal Data

    The Parties agree and acknowledge that the User will act as a data controller and FISB as the data processor in respect of Personal Data provided by or made available or accessible by User and processed in connection with the Service, save and except for User Contact Data as outlined in Clause 7.2 below. User is responsible for ensuring that their instructions regarding the use and processing of Personal Data comply with applicable data protection laws, the necessary consents have been obtained and they are authorised to provide, make available and authorise FISB to use and/or process such Personal Data to FISB on the terms herein.

    FISB will electronically process personal data pertaining to the contact persons of User, such as contact information, in order to provide the User with the Service and to administer the business relationship with the User. The data may also be used for statistical analysis and business reporting purposes and to comply with applicable laws and regulations. Further, FISB may retain and use anonymized and/or aggregated Personal Data. FISB may disclose the information to its Affiliates, who may also use the information for the purposes described herein. Users have, upon written request, right to access the data related to them. They also have the right to rectify such data subject to certain conditions. Further information may be obtained by contacting Customer Care.

  2. Handling of Contact Data

    The Parties agree and acknowledge that they will each be acting independently as data controllers in respect to the Contact Data processed or used by them, respectively.

    FISB may use the Contact Data in order to send newsletters, to conduct product surveys, to advertise similar products or services of FISB and for event invitations and other marketing and promotional purposes. FISB is entitled to share User Personal Data, including that of its contact persons and Contact Data, to its Affiliates who are entitled to use the data for the purposes described above, to the extent permitted by law. The recipient of such advertising can opt out from receiving further marketing communications via Customer Care at the FIDU Platform.

  3. Privacy Policy

    FISB’s Privacy Policy applies to the Service. The User is advised to read and fully understand the Privacy Policy before using the Service. By using the Service and/or accepting these Terms & Conditions, the User confirms their acceptance of the Privacy Policy.

  1. During the term of the Agreement and for a period of three (3) years thereafter, each party agrees not to disclose, without written consent from the other party, any information related to the other party that may be deemed confidential or proprietary, irrespective of whether such information is explicitly marked as confidential.
  2. This confidentiality obligation does not extend to information that can be demonstrated to be in the public domain without breach of this Agreement, nor does it apply if a party is legally obligated to disclose such information. In such cases, the disclosing party shall, where feasible, inform the other party prior to disclosure, unless prohibited by applicable law at the time.

  1. As between us, FISB maintains sole ownership of all intellectual property and proprietary rights in connection with the FIDU Platform, the Service, any developments or modifications, and all software, computer programs, code, and algorithms in connection thereto created.
  2. Subject to anything else contained herein, the User retains exclusive ownership and intellectual property rights pertaining to content, or data they have provided or uploaded to the FIDU Platform.

  1. User agrees that FISB may immediately terminate this Agreement if:
    1. The User is in breach of any provision of this Agreement; or
    2. FISB believes or has reason to believe that the User has engaged or may engage in any fraudulent, illegal, or criminal activity; or
  2. Upon the cancellation or termination of this Agreement:
    1. The User must promptly discontinue the use of the Service and FIDU Platform, and FISB reserves the right to revoke all access to the Services by the User.
    2. The User acknowledges that, unless prohibited by law, FISB may within ninety (90) days after termination or expiry of the Agreement, terminate all data that User has uploaded to or made available to the FIDU Platform or which is available via the FIDU Platform (“User Data”), except for payment instructions, which will be deleted within twenty-four (24) months.
  3. FISB reserves the right to suspend User’s account or User’s access to all or part of the Service if FISB reasonably believes that the User has;
    1. breached the Terms & Conditions;
    2. violates any policy;
    3. engages in fraudulent, illegal, or criminal activities;
    4. gained, enabled, or procured unauthorised access; or
    5. been involved in any security breaches.
  4. User agrees not to hold FISB liable for such suspension or withholding of Service and/or this Terms & Conditions.

  1. The User grants FISB the right to use Personal Data and Contact Data including the name and/or likeness and contact information and other information obtained or provided in connection with the Service for all advertising, marketing, and promotional material purposes, including to Affiliates and third-party business partners and alliance partners for cross selling, marketing, or promotional purposes. Should the User wish to revoke such consent, the User may do so via Customer Care at the FIDU Platform.

  1. The Agreement is governed by Malaysian law.
  2. A party claiming that a dispute has arisen under or in connection with this Agreement must give notice to the other Party via the FIDU Platform specifying the nature of the dispute and furnish any reasonable supporting documentation to substantiate the dispute claim. In the event that the dispute is not resolved, either Party may refer the dispute for resolution to the jurisdiction of Malaysia Arbitration centre, also known as Asian International Arbitration Centre.
  3. In the event of any dispute, which cannot be settled amicably between the Parties within a reasonable period of time, shall be referred to and finally settled by arbitration in Kuala Lumpur in accordance with Asian International Arbitration Centre (AIAC) Rules in force as at the date when such Dispute is first notified by one Party to the other, which rules and procedures are deemed to be incorporated by reference in this Article. The Parties agree that the seat of any arbitration arising out of this Agreement shall be in Malaysia. The Tribunal shall consist of one (1) arbitrator. Both Parties to the arbitration shall mutually agree to appoint one arbitrator and if both Parties unable to come to an agreement as to the appointment of arbitrator, then the appointment of arbitrator shall be determined by the Director of AIAC. The arbitration shall be conducted wholly in the English language.

  1. Without prejudice to other rights of FISB under this Agreement, FISB may set-off any amount due from you to FISB, or any of its affiliates against any amount due from FISB or any of its affiliates to you.
  2. No joint venture, partnership, employment, or agency relationship exists between you and FISB arising from these Terms & Conditions or the Service.
  3. If any provision of these Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent allowed under applicable law.
  4. The failure of FISB to enforce any right or provision in these Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FISB in writing.

  1. If a problem arises, or the User is dissatisfied with the Service, the User can contact Customer Care via the FIDU Platform.

    Contact Information:

Updated: 23 July, 2024