Terms and Conditions
WORLDWIDE HOLDINGS BHD INTEGRITY PACT
I declare that I, or any *associate person(s) representing this company, shall not offer or give bribes to any individual(s) in Worldwide Holdings Bhd (WHB) or any other individual(s) as an inducement to be selected in any of WHB procurement exercises.
If I / We, or any *associate person(s) representing this company, is offering or giving any bribes to any individual(s) in WHB or any other individual(s) as an inducement to be selected in any of WHB procurement exercises, I hereby agree, as a representative of the aforementioned company, for the following actions to be taken:
- a) Termination from WHB approved vendor list; and
- b) Other disciplinary actions according to WHB procurement rules and regulations currently in force.
In the event where there is any individual(s) who attempts to solicit any bribe from me or any *associate person(s) related to this company as an inducement to be selected in WHB’s procurement exercises, I hereby pledge to immediately report such act(s) to the Malaysian Anti-Corruption Commission (MACC)’s office in the relation to Corporate Liability Section 17(A) (Amendment 2018) or at the nearest police station.
MACC Act 2009 Corruption Offences
- Don’t accept (Section 16 & 17 (A) MACC Act 2009)
- Don’t give (Section 17 (B) MACC Act 2009)
- Don’t claim/submit (Section 18 MACC Act 2009)
- Don’t use position (Section 23 MACC Act 2009)
Corporate Liability Section 17(A) (Amendment 2018) - Offence by Commercial Organization
A commercial organization commits an offence if a person associated with the commercial organization corruptly gives, agrees to give, promise or offers to any person any gratification whether for the benefit of that person or another person with intent: -
- To obtain or retain business for the commercial organization or;
- To obtain or retain an advantage in the conduct of business for the commercial organization
For the purpose of this section 17A (8), “commercial organization” means: -
- A company incorporated under the Companies Act 2016 (Act 777) and which carries on a business in Malaysia or elsewhere;
- A company wherever incorporated but carries on business or part of a business in Malaysia.
A partnership: -
- Under the Partnership Act 1961 (Act 135) and carries on a business in Malaysia or elsewhere; or
- Which is a limited liability partnership registered under the Limited Liability Partnership Act 2012 (Act 743) and carries on a business in Malaysia or elsewhere; or
- A partnership wherever formed but carries on business or part of a business in Malaysia.
For the purpose of this Section 17A (6) & (7), ‘associate person” means: -
A person is associated with the commercial organization if he is a director, partner or an employee of the commercial organization or he is a person who performs services for or on behalf of the commercial organization.
The question whether or not a person performs services for or on behalf of the commercial organization shall be determined by reference to all relevant circumstances and not merely by reference to the nature of the relationship between him and the commercial organization.
- Section 17(6)
For the purpose of this Section 17A (2), the penalties: -
Any commercial organization who commits an offence under this section shall on conviction be liable to: -
- a fine of not less than ten times the sum or value of the gratification, or
- RM1 million, whichever is the higher, or
- imprisonment for a term not exceeding 20 years, or both
I / We hereby declare that WITHOUT PRIOR WRITTEN CONSENT from WORLDWIDE HOLDINGS BERHAD (6430-P) (“WHB”), I / We or any individuals, employees, servants, agents or advisers of such persons representing this company or third (3rd) party shall UNCONDITIONALLY UNDERTAKE the followings:
- To treat all information which are the proprietary to WHB whether or not owned or developed by WHB and of which the information may be made available to you as strictly private and confidential at all times (“Confidential Information”);
- Not to use or disclose any Confidential Information in any way to anyone or permit the disclosure of any Confidential Information by any person of the same for the benefit of any third (3rd) party save and except by the court order or by direction of any regulatory body or by any relevant authority as required by law;
- Not to publish, advertise, disseminate, distribute, reprint and reproduce the copy of part or whole of possession of any Confidential Information to anyone save and except by the court order or by direction of any regulatory body or by any relevant authority as required by law; and
- To keep all material which related to any Confidential Information in a safe and secure manner and to return forthwith the same to WHB save and except by the court order or by direction of any regulatory body or by any relevant authority as required by law.
I / We hereby unconditionally undertake and agree to return any documents or items connected with the disclosure of any Confidential Information, at the written request of WHB and shall not make or retain any copies of the same.
VENDOR LETTER OF DECLARATION (VLOD)
- The Vendor and its directors, officers and employees are in compliance with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption matters (the Relevant Laws);
- Neither the Vendor nor any of its directors, officers or employees who may be involved in the Business Transaction(s) has been convicted of any offence involving bribery or corruption or fraud; nor, to the best of the Vendor’s knowledge, is any such person the subject of any investigation, inquiry or enforcement proceedings by any governmental, administrative or regulatory body regarding any offence or alleged offence under the Relevant Laws; and
- The Vendor did not, either directly or indirectly, promise, offer or give any bribe or an improper advantage (whether financial or otherwise) to any individual in Worldwide Holdings Group (hereinafter Worldwide) or any other individual, representing Worldwide as an inducement, incentive, reward, gift or bonus for being selected for the Business Transaction(s).
- The Vendor will not, either directly or indirectly, promise, offer or give any bribe or an improper advantage (whether financial or otherwise) to any individual in Worldwide or any other individual representing Worldwide, as an inducement, incentive, reward, gift or bonus to be selected and/or for any other purpose connected to the Business Transaction(s) ;
- The Vendor will not, either directly or indirectly, promise, offer or give any bribe or an improper advantage (whether financial or otherwise) to any government official or private individual so as to obtain or retain a business advantage on behalf of Worldwide during the carrying out of the Business Transaction(s); and
- If contraventions or investigations of the type described in section 1(b) above have occurred, the Vendor will forthwith supply full details of them to Worldwide.
In the event that the Vendor, its directors, officers or employees breaches any of the above sections, the following actions may be taken by Worldwide:
- Immediate revocation of the contract award for the Business Transaction(s) without any liability whatsoever on the part of Worldwide to the Vendor and/or its directors, officers or employees; and
- Immediate termination of the contract for the Business Transaction(s) without any liability whatsoever on the part of Worldwide to the Vendor and/or its directors, officers or employees,
without prejudice to any other rights or remedies Worldwide may have or any other disciplinary action which Worldwide may take as it deems appropriate;
Should any individual attempt to solicit any bribe or advantage (whether financial or otherwise) from the Vendor or any other individual connected to the Vendor either as an inducement or incentive to be selected or as a reward, gift or bonus for being selected in the Business Transaction(s), or where the Vendor has reasonable grounds to suspect any breach or potential breach of the obligations in this letter, the Vendor will report such act immediately in accordance with the whistleblowing channel as provided.
Personal Data Protection Act (PDPA)
- Worldwide Holdings Berhad and its subsidiary companies (“WHB”) respect your personal data and is committed to ensure that your personal data is protected at all times. WHB assures you that your personal data is collected, retained and disclosed for lawful purposes in a fair and justified manner.
- This Personal Data Protection Notice is issued in compliance with the Personal Data Protection Act 2010.
- WHB collects your personal data such as your name, identity card number, address, contact number and other personal details filled in by you in the registration form or other relevant forms relating to your interest to purchase property or to enter into any other property dealings with WHB.
- WHB will not at any time purchase or in any way commercially acquire any personal data from any illegitimate or illegal databases.
PURPOSE OF COLLECTION OF PERSONAL DATA
- WHB collects and may process your personal data for the following purposes:-
- Contact purposes;
- If requested by you, to provide you with regular communications relating to the relevant property that you have enquired;
- Preparation and execution of sale and purchase agreement or other documents for the sale and purchase transaction or other property dealings you intend to enter or have entered with WHB;
- Financial purposes, relating to the agreement entered by you with WHB (as the case may be) including but not limited to payment transactions or collection of any payments due to WHB;
- For accounting, auditing or tax purposes;
- To hand over vacant possession and/or keys of the property, for customer care and/or property defect rectification works;
- For post vacant possession services including but not limited to property management, club house or security services;
- Administrative purposes;
- Insurance purposes;
- For the maintenance of customer databases and customer service related processes;
- Research purposes including historical and statistical record keeping purposes;
- General operations and maintenance relating to occupation of the property or services provided by the relevant authorities, bodies or agencies including but not limited to utility companies or property management corporations;
- Where you have given your consent, to deliver marketing materials related to any other projects and/or properties of WHB; and/or
- Other purposes necessary or related to the above mentioned purposes.
FAILURE TO SUPPLY PERSONAL DATA
The personal data provided by you is necessary to WHB. If you do not provide all the information as requested, WHB will not be able to keep complete information about you, thus affecting WHB’s ability to accomplish the purposes stated in clause 3 above.
DISCLOSURE OF PERSONAL DATA
- WHB may disclose your personal data to the following parties (whether in Malaysia or overseas) for the above stated purposes:-
- Any related, affiliated, holding or subsidiary companies of WHB;
- WHB’s appointed service providers that provide services relating to the purposes for which your personal data is collected, including services related to data processing (if any);
- Financial institutions or its solicitors and insurance companies relating to your property purchase;
- Relevant governmental authorities, statutory bodies, corporations or agencies relating to the sale and occupation of the property and/or service provided to the property including but not limited to utility companies or property management corporations; and/or
- Other parties, in respect of whom you have consented to the disclosure of your personal data.
- WHB does not disclose your personal data to unaffiliated third parties without your consent. However, WHB may disclose your personal data in good faith, if such action is necessary to comply with any government or law enforcement agency requirements, court orders or legal processes or if required by law.
RIGHT OF ACCESS
If you would like to make any inquiries or complaints or requests to access, correct or limit our processing of your personal data, you may contact WHB via mail (by quoting the relevant reference number), email or telephone in accordance with the following:-
Address : Worldwide Holdings Berhad, Mercu Worldwide, No. 7, Persiaran Sukan, laman Seri Business Park, Seksyen 13, 40100 Shah Alam, Selangor. Telephone : 03-55262525 : firstname.lastname@example.org
[Kindly visit www.worldwide.com.my from time to time for updates on WHB’s contact details (if any)]
This Notice is issued in English and Bahasa Melayu. If there are any inconsistency between the two versions, the English version shall prevail.
I have fully read and understood the