General
These Terms and Conditions set out the general terms governing your use of the website and
the content under the domain name
www.nusakapital.com (“Website”)
. Read these Terms and
Conditions carefully before using the Website or any service that is provided on the
Website. Please ensure that you understand the Terms and Conditions fully. By accessing the
Website, you accept and agree to be bound by these Terms and Conditions. If you disagree to
the Terms and Conditions laid down herein, please refrain from using the Website
immediately. It shall be assumed that if you continue to use the Website, you accept and
agree to the Terms.
Amendment
We constantly review our Website Privacy Policy to ensure that it is always updated. Hence,
we reserve the right to amend and/or revise and/or modify the Website Privacy Policy from
time to time without explaining or give any reason or highlighting to you what are the
changes made. The amendments will be uploaded to the Website immediately and it is your duty
to regularly review the information hosted on the Website page. Your continued use indicates
the acceptance of the amended Website Privacy Policy.
Information
We state that in preparing and obtaining the information within this document, whilst
reasonable care is taken to ensure reliability and accuracy, P2P Nusa Kapital Sdn. Bhd. and
its associates, directors, employees and partners do not guarantee to its content and
completeness and does not accept any liability for losses which arise from relying on the
documents hosted.
However, we apply a strict rule and will exercise a thorough due diligence to ensure
that only information of a Company is completed before hosting it on the Website. If in
any case, the information provided by the User is or becomes untrue, inaccurate,
incomplete, outdated or we have reasonable belief that the information provided is
untrue, inaccurate, incomplete and outdated, we reserve the right to suspend or
terminate your account and prohibit all future access to the Website.
Account Details
To use the Website services, you have to be a registered member. By clicking sign up or join
us, you will be directed to a registration page which requires you to fill in your details
such as a username and your password. It is your responsibility to maintain confidentiality
of your password. You may be required to verify your email by clicking on the link sent to
your email.
You are responsible for all activities that occur under your account. If there is any
suspicious transaction or activity of your account, you are responsible to notify us
immediately. We reserve the right to take action we deem appropriate upon receiving
notification from you of any unauthorized use of your account or any intention or
actions that disrupts the Website
Eligibility criteria for Investors
Investors must:
- Be above 18 years old
- Have a valid identification (Passport or Identification)
- If Malaysian, have a permanent address in Malaysia
- Have a valid contact number
- Have a bank account
- Be any legal business entity that is accepted in their respective countries (for
companies)
- Complete Investor Registration Declaration Form and provide any extra documents
Entry Requirement of Issuer
Only locally registered sole proprietorships, partnerships, incorporated limited liability
partnerships, private limited and unlisted public companies can be an issuer.
Based on the Guidelines on Recognized Markets, the following entities are
prohibited from raising funds through a P2P platform:
- Commercially or financially complex structures (i.e. investment fund companies or
financial institutions)
- Public-listed companies and their subsidiaries
- Companies with no specific business plan or its business plan is to merge or acquire
an unidentified entity (i.e. blind pool)
- Companies that propose to use the funds raised to provide loans or make investment
in other entities
- Any other type of entity that is specified by the
An Issuer must not be hosting the same Campaign concurrently on another
P2P platform, and must at least meet any of the following requirements:
- Be in operations for at least one year.
- Have annual sales of at least RM300,000
- Demonstrate that operating cash flow in the past 12 months was positive
- Have a purchase order in which to base funding size
Any company wishing to access the Website as an Issuer must be a registered member and
the process is explained above.
Third Party Link
There may be Third Party Websites provided on the Website. This is for your conveniences in
accessing to other information and we hold no responsibility for any damage or losses occur
by relying on the Third-Party Websites.
Copyright and Trademark
We respect the rights of every individual in relation to intellectual property rights.
Hence, we will respond to notices of alleged copyright infringement that comply with
applicable law.
As mentioned above, we discourage any taking advantage of a person’s intellectual
property rights. In this case, you must not reproduce, modify, copy, distribute, and
upload the information provided on the Website. The information here refers to the
policies (Risk Warning, Disclosure Statement, Terms and Conditions, Privacy Policy and
etc.) hosted on the Website and any other materials that is hosted on the Website.
Any consent we may give in relation to or in connection with the Website Content or
Website may be withdrawn at any time without prior notice.
Restriction or Prohibited Conduct
By accepting the Terms and Conditions, you shall not in any way use the Website in the
respect that:
- Is in breach of the Term and Conditions, policies or any other agreement entered
with us
- Conducting fraudulent, criminal or unlawful acts on the Website
- Misuse the website in an obscene, indecent, vulgar, profane, racial, sexist,
offensive, discriminatory, derogatory, harmful, unlawful, threatening, harassing,
embarrassing, malicious, abusive, hateful, political, defamatory manner.
- Violate any laws and regulations applicable jurisdiction not limited to the
Securities Commission Malaysia Regulations.
- Impersonate or misrepresent any person or body.
- Infringes or breach the copyright or property rights
- Distribute, or disclose any private information of any third party
- Refrain or restricts any other person from using or enjoying the forum
We reserve the right to suspend and /or terminate your account if we have reasonable
belief that you have committed any breach or suspected to commit breach from the above
mentioned.
Non-Liability
Your access to and use of our services is at your sole risk. P2P Nusa Kapital make no
representation or warranty of any kind express or implied. We do not hold any liability in
relation to your use or inability to use or delay in use of the Website or any information
or material in it or accessible from it or from any action or decision taken as a result of
using our Website.
Fees and Charges
Investor
| Fee Type |
Rate |
Description |
| Platform Management Fees |
10% of Return |
Fees charged based on invested funds that are managed within the
platform throughout the financing duration. To be charged upon
collection of payout. |
| Withdrawal Processing Fees |
RM0.11 – RM1.00 |
Charges if applicable based on any charges by the bank (such as IBG,
FPX). Will be charged upon successful withdrawal from Trust. |
Issuer
| Fee Type |
Rate |
Description |
| Processing Fee |
RM50.00 |
A one-time fee charged upon submission of documents. |
| Hosting Fee |
RM250.00 |
Fee charged upon hosting of the campaign on the Platform. |
| Maintenance Fee |
Up to 1% per Annum |
Fees charged annually at the end of each anniversary of the tenure of
the investment until the repayment of the Investors’ Funds is fully
repaid. |
| Service Fee (Wakalah Fee) |
3% to 5% |
Fees charged by the Platform to issuers upon successful funds raised.
Fee will be based upon the following Risk Grading:
| Risk Score |
Fee (% Fund Raised) |
| 1 |
3% |
| 1.1 – 2.0 |
4% |
| 2.1 and above |
5% |
Rate is determined by total funds raised. Amount calculated from the
rate will be deducted from the investment disbursed.
|
| Stamp Duty |
0.5% Flat Rate |
Duty payable under the law. Fees charged by the Platform to issuers upon
successful funds raised. Amount is determined by the amount of funds
raised. For example: if campaign hosted is RM100,000 but total
investment achieved is RM 85,000. The duty payable would be RM85,000 x
0.5% = RM425. |
| Bank Charges (Other) |
RM0.11 – RM1.00 |
Charges if applicable based on any charges by the bank (such as IBG,
FPX). Will be charged upon successful withdrawal from Trust. |
Our fees may change at any time and we will notify all registered users of any
changes in advance by email or on our Website.
Indemnity
You agree to defend, indemnify and hold us harmless from and against all liabilities,
damages, claims, actions, costs and expenses in connection with any claim by a third party
arising out of your use of the Website or other materials through the Website by you or
users of your Account in violation of this Terms and Conditions or in violation of any
applicable law.
Duty of Confidentiality
Members are allowed to access the information on the Website for their personal use or in
the course of their business for the purpose of assessing whether or not to participate in
funding a campaign or seeking for funds.
Each member accepts that it owes a duty of confidentiality to the Company
with regard to:
- The Internal operating systems and procedures used by the Company
- The Agreements provided and documents
- Any information provided in relation to potential or actual
Conflict of interest
P2P Nusa Kapital, its directors, shareholders and officers are prohibited from investing or
providing any financial assistance to investors to invest in the Campaign. We will not
provide any funding to issuers or invest in any campaign launched on the Platform.
Termination of Membership
A member may terminate its membership by sending written notice of termination to the
Company. The Company may terminate the membership of any member at any time for any reason
with immediate effect by sending written notice of termination to the members.
Acknowledgement
You agree that you use the Website at your own risk. This website and the contents herein do
not constitute as any financial advice, investment advice or solicitation for the purposes
of making financial investments. We provide services by operating a platform for issuers to
raise funds and investor to invest in the campaigns. With regard to these opportunities, the
need and onus to do due diligence lies squarely with our members as we do not profess to
advise on the same. All dealings and transactions are directly with the businesses or
Campaign owners we refer to our members.
Governing Law
These terms and Conditions shall be governed by, construed and enforced by Malaysian Law.
You agree to submit to the exclusive jurisdiction of the Malaysian courts.
Complaints
If a member has a complaint about the services operated by the Company it should be
communicated to the Company or contact us at
[email protected].
Alternatively, User may direct the complaints to the Consumer and Investor Office of the
Securities Commission Malaysia.
