DatoDurian: Terms of Use

Updated: April 2025


These Terms of Use (“Terms”) apply to all users of the Website.

By accessing or using the Website, or by continuing to do so, you acknowledge that you have read, understood, and agree to be bound by these Terms, regardless of whether you are a registered member.

Please review these Terms carefully before using the Website. If you breach any of these Terms (which include DatoDurian’s Privacy Policy, available on the Website), or violate any agreement between you and the Website Operator, or if the Website Operator suspects a breach of these Terms or any related agreements, the Website Operator may, at its sole discretion and with or without notice, terminate your membership, delete your profile and any content you’ve posted, and/or restrict your access to the Website (or any part of it).

In addition to these Terms, you may enter into other agreements with the Website Operator or third parties that govern your use of the Website. In the event of any inconsistency between these Terms and other applicable agreements, the latter will take precedence for the conflicting aspects.

 

DEFINITION AND INTERPRETATION

Unless the context requires otherwise, the following terms are defined as follows:

  • “Business Days”: Days on which banks in Kuala Lumpur are open for standard banking transactions, excluding weekends and public holidays.

  • “Website Operator”:DatoDurian, the owner and operator of the Website.

  • “Investor”: An individual who invests in any Hosting available on the Website.

  • “Issuer”: An individual or entity approved by the Website Operator to be listed on the Website.

  • “Hosting”: The offer of an Issuer’s share capital on the Website for investment by Investors.

  • “Offer Documents”: Documents prepared by the Issuer detailing the relevant information about the Hosting, distributed on the Website to potential Investors.

  • “Website”: The Website accessible at www.datodurian.com and its subdomains, operated by the Website Operator to provide equity crowdfunding services and any other services introduced over time.

  • “User”: Any person who browses, visits, accesses, or uses the Website, including Issuers and Investors.

References to statutory provisions include modifications, amendments, or replacements of such provisions. References to "law" include common law, statutes, regulations, orders, and subsidiary legislation applicable in Malaysia.

Singular terms include the plural and vice versa, gender-specific terms include all genders, and references to individuals include entities.

References to "day", "week", "month", or "year" follow the Gregorian calendar. Headings are for convenience and do not affect the interpretation of these Terms. Terms like "Website Operator" and "User" include their respective successors, personal representatives, and permitted assigns.

Definitions extend to all grammatical forms of the defined terms. References to “these Terms” include any amendments, supplements, or novations.

References to “writing” include communications via the Website, email, telex, cable, facsimile, or similar means, but exclude SMS and instant messaging.

“Person” includes individuals, partnerships, associations, companies, or corporations.

Periods of time are calculated excluding the specified day, and if they fall on a non-Business Day, they are extended to the next Business Day.

No construction rule disadvantages a party because they prepared these Terms or any part thereof.

Transactions and payments must be completed during the Website Operator’s business hours (09:00 to 18:00 local time in Kuala Lumpur). Transactions not confirmed by the end of business hours will be deemed final at the start of the next Business Day.

 

ELIGIBILITY

The Website is intended for:

  • Individual Users: Those who are of legal age and of sound mind. Any registration or access by individuals under 18 years old is void and unauthorized. By using the Website, you represent that you are of legal age and of sound mind, and agree to adhere to all Terms.

  • Corporate Users: Authorized representatives of a corporate entity. You represent that the entity you represent is legally incorporated and has the authority to use and access the Website, and agree to adhere to all Terms.

Certain sections of the Website related to viewing Hostings or making investments may only be accessible to qualified, registered, and authorized Users.

 

LIMITATIONS OF SERVICE

The Website Operator is not a registered broker, venture capital fund, or investment advisor and does not engage in activities requiring such registration.

The Website Operator does not provide advice (investment, legal, tax, or otherwise) beyond technical support for using the Website. Information on the Website is for informational purposes only and should not be considered as advice.

Investment overviews on the Website are summaries of the Hostings’ purpose and principal terms, intended for informational use. They are not complete and should be reviewed in conjunction with the detailed information in the Offer Documents.

The Website Operator does not guarantee the creditworthiness of Issuers or the viability of Hostings. The accuracy and completeness of information about Issuers, Hostings, and Offer Documents are not assured. Potential Investors should seek advice from their own professional advisors before making any investment decisions on the Website.

 

PROHIBITED CONDUCT

By using the Website, you agree to adhere to legal and appropriate use and comply with these Terms of Use and all relevant laws and regulations. You must not:

  • Use the Website in any way that could damage, disable, overload, or impair it, or disrupt other users’ enjoyment of the Website.

  • Attempt to gain unauthorized access to the Website, its systems, or networks through hacking, password mining, or other means.

  • Create accounts by automated methods or under false pretenses.

  • Transmit or upload any viruses, worms, defects, Trojan horses, or other harmful elements to the Website.

  • Defame, harass, stalk, threaten, or infringe upon the legal rights (such as privacy and publicity rights) of others.

  • Post or transmit inappropriate, defamatory, obscene, or illegal content on the Website.

  • Upload or share content that infringes on any intellectual property rights, unless you own the rights or have permission from the owner.

  • Post or distribute materials promoting pyramid schemes, chain letters, disruptive advertisements, or anything else prohibited by law or these Terms.

  • Use auto-responders, spam, or other disruptive automated tools on the Website.

  • Use manual or automated processes to "crawl" or "scrape" content from the Website.

  • Interfere with the proper functioning of the Website or use techniques to alter how the Website displays its content.

  • Download files from the Website if you know or should know they cannot be legally distributed.

  • Impersonate another person or entity, or alter any attributions, notices, or proprietary labels of origin.

  • Remove copyright, trademark, or other proprietary notices from the Website.

  • Use robots, spiders, or other tools to index or gather information from the Website for unauthorized purposes.

  • Submit content that falsely suggests it is sponsored or endorsed by the Website Operator or affiliates.

  • Use the Website for illegal purposes or in violation of any Malaysian laws or regulations, including anti-money laundering laws.

  • Promote illegal activities or harm against individuals or groups.

  • Share confidential information obtained through the Website about Hostings or other Users.

  • Disclose personal information about others, including addresses, phone numbers, or email addresses, obtained from the Website.

  • Contact Issuers, Investors, or other parties involved in transactions outside of the Website.

 

ACCOUNT SECURITY & CONTROL

In connection with your use of the Website, you agree to:

  • Provide accurate, current, and complete information when registering or as requested by the Website Operator.

  • Update the Website Operator with any changes to your email address, home address, phone number, or other contact details.

  • Secure your login credentials and safeguard access to the Website.

  • Use the Website responsibly and ensure only you or your authorized representatives use your login credentials.

  • Keep your registration data and other information up-to-date and accurate.

  • Be responsible for all activity on your account and any actions taken using your account.

  • Avoid creating multiple accounts or accessing any account other than your own.

Any access to the Website through your IP address or account will be considered as made by you. You are responsible for all activities carried out under your account. Notify the Website Operator immediately of any security breaches, loss, theft, or unauthorized use of your account.

Use the Website solely for the intended purposes and avoid any unauthorized, malicious, or illegal activities. The Website Operator may choose not to act on instructions if there are reasonable suspicions of unauthorized or illegal activity.

The Website Operator reserves the right to restrict or terminate access to the Website at its discretion, with or without reason, and revoke your registration status.

Termination of your account does not affect any existing agreements or contracts you may have.

 

Website CONTENT

All content on the Website, including but not limited to designs, text, graphics, images, video, information, software, and other materials (“Website Content”), is owned by the Website Operator and is protected by intellectual property laws. You may not modify, copy, distribute, reproduce, republish, download, display, post, transmit, or sell any Website Content without prior written permission from the Website Operator. However, if you are eligible to use the Website, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal purposes, provided that you keep the content confidential and retain all copyright and proprietary notices.

You must not republish Website Content on any site or incorporate it into other databases without authorization. Unauthorized use of the Website Content terminates the license granted and may violate laws, including copyright and trademark laws. This license can be revoked at any time by the Website Operator.

 

LINKED WebsiteS

The Website may include links to third-party websites (“Linked Sites”) for your convenience. These links do not imply affiliation, endorsement, or verification by the Website Operator. The Website Operator is not responsible for the content or use of any Linked Sites and your use of them is at your own risk. Review the terms of use and privacy policies of Linked Sites carefully.

 

USER CONTENT

The Website may allow you and other users to submit and share content (“User Content”). You are solely responsible for any User Content you post, including photos, profiles, messages, and other information. The Website Operator may review and remove User Content at its discretion, including content that violates these Terms, is offensive or illegal, or threatens the safety of others.

By posting User Content, you grant the Website Operator an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, display, reformat, and distribute such content in connection with the Website. This license continues even if you remove your content.

You may view personal information posted by others but must not disclose or use it for unauthorized purposes. The Website Operator does not control User Content and is not responsible for any offensive or inappropriate material. The accuracy of User Content is not guaranteed.

The Website Operator may remove content at its discretion but is not obligated to edit or review it.

 

CONFIDENTIALITY OF INFORMATION

If you receive or obtain information from the Website, the Website Operator, or other users related to any Hostings or investment activities, you must not disclose or share this information in any way that allows others to personally identify the transaction or specific details.

By using the Website, you agree to keep any information you receive from the Website, including details about users, Hostings, or investment activities, strictly confidential. You are committed to maintaining the privacy of this information and ensuring it remains confidential.

You acknowledge that the Website Operator does not guarantee the accuracy or completeness of any information provided on the Website. You agree that the Website Operator will not be liable for any issues arising from the use of such information. Consequently, you release the Website Operator from any liabilities related to the use of this information, regardless of when such liabilities might arise.

You agree not to engage in any transactions involving Hostings or investments disclosed through the Website or contact any parties mentioned without the Website Operator’s prior written consent. You may contact such parties only for business unrelated to the disclosed transactions.

You are responsible for any damages caused to the Website Operator or other users due to any misuse of your account or breaches of confidentiality, whether authorized or unauthorized. To access certain content on the Website, you may need to register and agree to keep the information confidential. If you choose not to review confidential information related to Hostings or investments, you assume the risk that this information may impact your investment decisions and accept the associated risks.

The Website Operator may access, review, store, and disclose your account information, usage history, and submitted content as needed to:

(a) comply with laws, regulations, or legal requests;

(b) respond to claims of rights violations;

(c) enforce these Terms of Use and investigate potential breaches;

(d) address fraud, security, or technical issues;

(e) handle customer service requests; or

(f) protect the rights and safety of the Website Operator, its users, or the public.

 

CONTACT

For any inquiries, you may contact the Website Operator at the following details:

info@datodurian.com

 

CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES

Given that the Website Operator primarily operates online, you consent to conducting transactions and communications with the Website Operator electronically.

Payments and disbursements may be processed through certified checks, online transfers, or electronic funds transfers using the banking or financial account details you provide. You authorize your bank or financial institution to handle payments for any investments you commit to, and grant the Website Operator (or any third-party service providers or escrow agents it may engage) permission to make investment disbursements to your account. You agree to update the Website Operator with any changes to your banking or financial information as soon as they occur or upon request.

By using the Website, you also consent to receiving certain disclosures electronically, either through the Website or via the email address you provide. By agreeing to these Terms of Use, you consent to receiving all relevant documents, communications, notices, contracts, agreements, schedules, or informational statements related to your registration as an Investor, your investments, your use of the Website, and the management of any investments electronically from the Website Operator or its service providers.

Your consent to receive electronic disclosures and conduct transactions electronically applies to all related transactions. This consent remains in effect while you are a user and will continue even after you are no longer a user, until all disclosures related to transactions that occurred while you were a user have been provided.

You cannot withdraw this consent as long as you have outstanding investments made through the Website. If you have no outstanding investments and wish to withdraw consent for electronic transactions, the Website Operator will deactivate your user account.

You also expressly consent to receiving phone calls and messages, including auto-dialed and pre-recorded calls, and SMS messages (including text messages) from the Website Operator, its affiliates, marketing partners, agents, and others calling on their behalf, at any phone numbers you have provided or may provide in the future.


 

PRIVACY

Please review our Privacy Policy. By using the Website, you consent to our Privacy Policy and to having your personal data transferred to and processed in Malaysia or other locations.

 

FORCE MAJEURE

The Website Operator will not be liable for delays or failures in performing its obligations under these Terms due to events of force majeure.

Force majeure includes, but is not limited to:

  • Acts of God such as fires, explosions, earthquakes, droughts, tidal waves, and floods;

  • War, threats of war, terrorism, sabotage, insurrection, civil disturbance, or requisition;

  • Government-imposed restrictions, regulations, by-laws, prohibitions, or measures;

  • Disruptions such as strikes, lock-outs, or other industrial actions (involving either the Website Operator’s employees or third parties);

  • Internet service disruptions for any reason except for the Website Operator’s own misconduct;

  • Other unforeseen circumstances beyond the Website Operator’s control that it could not reasonably have anticipated or prevented even with best efforts.

If a force majeure event occurs, the Website Operator’s obligations will be suspended for the duration of the event, and the timeframe for fulfilling these obligations will be extended by the length of the delay.

 

CONFLICTS OF INTEREST

The Website Operator will strive to avoid conflicts of interest between its interests and those of users. If a conflict arises, the Website Operator will promptly disclose it to users, and all parties will engage in good faith to resolve the matter.

The Website Operator will disclose on the Website if:

  • It holds controlling shares in any of the Issuers; or

  • It pays any referrer or introducer, or receives any form of payment, including shares, in relation to an Issuer.

If conflicts cannot be resolved within 14 days of disclosure, Clause 12 will be applied to address the conflict.

 

RISK WARNINGS

Users, particularly Investors, should be aware of the following:

  • The Issuers’ business may not progress as outlined in the Offer Documents and could fail, potentially resulting in the loss of some or all of the invested capital. Investors should only invest through the Website what they can afford to lose without impacting their standard of living.

  • Investments made through the Website may be highly illiquid, which could prevent Investors from selling their shares as desired.

  • There is no assurance that the Issuers’ business will succeed or generate profits.

  • There is no guarantee regarding the payment of dividends on shares.

  • The value of Investors' shareholdings in the Issuers may be diluted by future fundraising efforts or the issuance of new classes of shares that have priority over the Investor’s shares.

Users acknowledge and agree that the Website Operator is not liable for any losses or damages (including direct, indirect, or consequential losses, loss of profit, damage to reputation, and related legal and professional costs) incurred by Investors as a result of investing in any Issuers.

 

 

COMPLAINTS

If you have any complaints about the Website, please report them to the Website Operator using the contact details provided in Clause 10. The Website Operator will address complaints within 7 Business Days of receipt. The Website Operator may, at its discretion, conduct an investigation according to its internal policies and procedures.

You are required to provide any information or documents requested by the Website Operator to assist in the investigation mentioned in Clause 17.1.

 

DISCLAIMERS

The Website Operator is not a party to any agreements between Investors and Issuers. Its role is limited to providing the Website and facilitating the Hostings.

The Website Operator is not responsible for the content or accuracy of any information or materials posted or downloaded by Users and is not obligated to edit such content. However, the Website Operator retains the right to remove any materials or posts from the Website at its sole discretion.

The Website Operator does not guarantee or promise any specific results related to Hostings, investments, or other aspects of the Website.

The Website Operator cannot ensure uninterrupted, error-free access to the Website, nor can it guarantee that the Website will be free from viruses or bugs. The Website may be temporarily unavailable for maintenance or other reasons. The Website Operator is not responsible for any errors, omissions, interruptions, deletions, defects, delays, or unauthorized access related to User communications or technical issues affecting the Website.

Under no circumstances is the Website Operator liable for any loss or damage, including personal injury or death, resulting from the use of the Website, User Content, Third Party Content, or interactions between Users, whether online or offline. Users should not rely on User Content or Third Party Content for decision-making.

The Website Operator reserves the right to modify or update any content or services offered on the Website at any time without notice. Mention of any products, services, or processes does not imply endorsement or affiliation by the Website Operator.

 

INDEMNITY

You agree to indemnify and hold harmless the Website Operator, its subsidiaries, affiliates, and their respective directors, officers, agents, contractors, employees, and representatives from any loss, liability, claim, demand, damages, penalties, fines, costs, and expenses, including reasonable attorney's fees, arising from your use of the Website, your conduct on the Website or with other Users, or any breach of these Terms of Use or other applicable terms.

 

GENERAL

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties. No party has the authority to bind the other party in any agreement.

Failure to exercise or delay in exercising any right under these Terms does not constitute a waiver of that right. Any single or partial exercise of a right does not preclude further exercise of that right or any other right.

Remedies provided in these Terms are not exclusive and do not preclude the pursuit of other remedies available under law or equity. The selection of any remedy does not waive the right to pursue other available remedies.

The Website Operator reserves the right to amend these Terms at any time. Amendments will be effective upon posting on the Website. Continued use of the Website after such amendments indicates your acceptance of the updated Terms.

Communications between the Website Operator and Users may be made through the Website or sent via mail, personal delivery, fax, or email to the current address on record.

These Terms bind the parties' successors and permitted assigns. Users cannot assign their rights or obligations under these Terms without prior written consent from the Website Operator.

If any provision of these Terms is found to be illegal, void, invalid, or unenforceable, it will be modified or severed to the extent necessary. The remaining provisions will remain in effect, and the parties will work to agree on a substitute provision that achieves the original objectives as closely as possible.

These Terms and any additional terms provided by the Website Operator constitute the entire agreement between the parties concerning the subject matter and supersede all prior agreements.

These Terms will be governed by and construed in accordance with the laws of Malaysia.

 

 



The information provided on this website does not constitute an offer or invitation to buy or sell any securities, assets, or businesses, nor does it form the basis of any contract. It is intended solely to provide an overview of DatoDurian and its business model. No guarantees or assurances are made regarding potential returns, and the information provided is based solely on projections. All visuals are artist impressions for reference. DatoDurian encourages individuals to conduct their independent research.

© DatoDurian 2024. All Rights Reserved

The information provided on this website does not constitute an offer or invitation to buy or sell any securities, assets, or businesses, nor does it form the basis of any contract. It is intended solely to provide an overview of DatoDurian and its business model. No guarantees or assurances are made regarding potential returns, and the information provided is based solely on projections. All visuals are artist impressions for reference. DatoDurian encourages individuals to conduct their independent research.

© DatoDurian 2024. All Rights Reserved

The information provided on this website does not constitute an offer or invitation to buy or sell any securities, assets, or businesses, nor does it form the basis of any contract. It is intended solely to provide an overview of DatoDurian and its business model. No guarantees or assurances are made regarding potential returns, and the information provided is based solely on projections. All visuals are artist impressions for reference. DatoDurian encourages individuals to conduct their independent research.

© DatoDurian 2024. All Rights Reserved

The information provided on this website does not constitute an offer or invitation to buy or sell any securities, assets, or businesses, nor does it form the basis of any contract. It is intended solely to provide an overview of DatoDurian and its business model. No guarantees or assurances are made regarding potential returns, and the information provided is based solely on projections. All visuals are artist impressions for reference. DatoDurian encourages individuals to conduct their independent research.

© DatoDurian 2024. All Rights Reserved

The information provided on this website does not constitute an offer or invitation to buy or sell any securities, assets, or businesses, nor does it form the basis of any contract. It is intended solely to provide an overview of DatoDurian and its business model. No guarantees or assurances are made regarding potential returns, and the information provided is based solely on projections. All visuals are artist impressions for reference. DatoDurian encourages individuals to conduct their independent research.

© DatoDurian 2024. All Rights Reserved