1. AGREEMENT TO THESE TERMS

Welcome to the website of K.F. Fong & Co. (“K.F. Fong & Co.”, “we”, “us” or “our”).

These Terms of Use (“Terms”) govern your access to and use of kffongco.com and any webpages, features, content, forms, resources or other services made available through the website (collectively, the “Website”).

By accessing or using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms.

If you do not agree with these Terms, please do not access or use the Website.

These Terms should be read together with our Privacy Notice, which explains how we collect, use, disclose, retain and otherwise process personal data.

We may update these Terms from time to time. Any updated version will be published on this Website with a revised “Last Updated” date. Your continued use of the Website after the updated Terms have been published constitutes your acceptance of the revised Terms.

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2. ABOUT K.F. FONG & CO.

K.F. Fong & Co. is a professional accounting and advisory firm providing services including, where applicable, accounting, audit and assurance, taxation, corporate and business advisory and other related professional services.

The information contained on this Website is provided for general information and communication purposes only.

Nothing on this Website creates or is intended to create a client relationship between you and K.F. Fong & Co. unless and until such relationship has been formally established through an appropriate engagement or other agreement.

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3. INFORMATION ON THIS WEBSITE

We endeavour to ensure that the information published on the Website is accurate and up to date.

However, information on the Website may contain errors, omissions, inaccuracies or information that has become outdated. We reserve the right to amend, update, remove or supplement any information on the Website at any time without prior notice.

The information provided on the Website should not be regarded as a complete or definitive statement of any matter.

Changes in legislation, regulations, administrative practices, professional standards, tax policies and other circumstances may affect the accuracy or applicability of information published on the Website.

Accordingly, you should not rely solely on information contained on this Website when making any business, financial, tax, accounting, legal or other professional decision.

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4. NO PROFESSIONAL ADVICE

The content of this Website is provided for general informational purposes only and does not constitute professional advice.

Nothing on the Website should be regarded as:

* accounting advice;
* audit or assurance advice;
* tax advice;
* legal advice;
* financial advice;
* investment advice;
* corporate secretarial advice; or
* any other professional advice.

The information provided may not take into account your particular circumstances, objectives, financial position, business structure or applicable requirements.

You should obtain appropriate professional advice before taking or refraining from taking any action based on information contained on the Website.

No professional-client relationship is created merely by your access to, or use of, this Website or by communicating with us through the Website.

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5. CLIENT RELATIONSHIP

A professional relationship between you and K.F. Fong & Co. will only arise where we have expressly agreed to provide professional services to you and the relevant engagement or other terms have been accepted.

Where professional services are provided, those services will be governed by the applicable engagement letter, terms of engagement, agreement or other documentation issued or agreed between you and K.F. Fong & Co.

If there is any inconsistency between these Terms and the terms of a specific engagement, the terms of the applicable engagement will prevail in relation to the professional services concerned.

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6. USE OF THE WEBSITE

You may use the Website for lawful purposes and in accordance with these Terms.

You agree that you will not:

1. use the Website for any unlawful, fraudulent or unauthorised purpose;
2. attempt to gain unauthorised access to the Website, its servers, databases, systems or networks;
3. interfere with or disrupt the operation, security or availability of the Website;
4. introduce viruses, malware, malicious code or other harmful material;
5. use automated systems, bots, scrapers or other means to systematically extract substantial amounts of information from the Website without our prior written consent;
6. impersonate K.F. Fong & Co. or any of its partners, employees, representatives or other persons;
7. use the Website to transmit or distribute material that is unlawful, defamatory, threatening, abusive, fraudulent, obscene or otherwise inappropriate;
8. infringe the intellectual property, privacy or other rights of K.F. Fong & Co. or any third party; or
9. use the Website in any manner that may damage, overburden or impair the Website or interfere with another person’s use of it.

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7. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Website and its contents, including but not limited to:

* text;
* articles;
* reports;
* publications;
* graphics;
* photographs;
* images;
* logos;
* trademarks;
* service marks;
* page layouts;
* designs;
* software;
* source code;
* databases; and
* other materials,

are owned by, licensed to or otherwise controlled by K.F. Fong & Co. and are protected by applicable intellectual property laws.

You may access and use the Website and its content for your personal or internal business information purposes.

You must not, without our prior written consent:

* reproduce substantial portions of the Website;
* republish Website content;
* modify or create derivative works from Website content;
* commercially exploit Website content;
* distribute Website content;
* sell, license or otherwise transfer Website content;
* remove copyright, trademark or other proprietary notices; or
* reproduce or use our branding, logos or trademarks in a manner that suggests endorsement or affiliation.

Nothing in these Terms transfers any intellectual property rights to you.

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8. THIRD-PARTY WEBSITES AND LINKS

The Website may contain links to websites, platforms or resources operated by third parties.

These links are provided for convenience or informational purposes only.

We do not necessarily endorse, control or have responsibility for the content, security, availability, accuracy, privacy practices or policies of third-party websites.

Your access to and use of third-party websites is subject to the terms and policies applicable to those websites.

You should review the relevant terms and privacy policies before using any third-party website.

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9. FORMS, ENQUIRIES AND COMMUNICATIONS

The Website may provide forms, enquiry facilities or other methods for contacting us.

You agree to provide information that is accurate and not misleading when submitting an enquiry or other information to us.

Submitting an enquiry through the Website does not guarantee that K.F. Fong & Co. will accept an engagement or provide any particular service.

We may contact you using the contact details provided by you for the purpose of responding to your enquiry or dealing with your request.

Where your submission contains personal data, such information will be handled in accordance with our Privacy Notice and applicable Malaysian data protection laws.

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10. USER-SUBMITTED CONTENT

Where the Website allows you to submit comments, enquiries, feedback, documents or other materials (“User Content”), you remain responsible for the content you submit.

You represent that:

* you have the necessary rights and authority to submit the User Content;
* the User Content does not infringe any third-party rights;
* the User Content does not contain unlawful or malicious material; and
* the submission of the User Content does not breach any applicable law or contractual obligation.

You should not submit confidential, sensitive or personal information through a Website form unless the relevant form or communication channel is specifically intended for such information.

Nothing in this section permits K.F. Fong & Co. to use personal data in a manner inconsistent with our Privacy Notice or applicable data protection laws.

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11. CONFIDENTIAL INFORMATION

The Website is not intended to provide a general-purpose secure channel for transmitting confidential information.

Unless otherwise expressly agreed with you, information submitted through a general Website enquiry form should not be treated as confidential or as creating any obligation of professional secrecy beyond obligations that otherwise apply to K.F. Fong & Co.

If you are an existing client and need to provide confidential documents or information, please use the communication or document-transfer method specifically designated by K.F. Fong & Co.

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12. PRIVACY AND PERSONAL DATA

We respect the privacy of individuals whose personal data we process.

Our collection, use, disclosure, retention and other processing of personal data are governed by our Privacy Notice and applicable Malaysian personal data protection laws.

Our Privacy Notice forms an important part of your use of the Website and should be read together with these Terms.

You can access our Privacy Notice through the Website.

For further information about the Malaysian Personal Data Protection Act 2010 and its amendments, please refer to the relevant official guidance and legislation issued by the Personal Data Protection Commissioner.

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13. COOKIES AND SIMILAR TECHNOLOGIES

The Website may use cookies and similar technologies to support Website functionality, security, performance, analytics and, where applicable, other purposes described in our Privacy Notice.

Where applicable, information about the use of cookies and similar technologies will be provided through the Website or our Privacy Notice.

You may be able to manage certain cookie preferences through your browser or other settings provided by the Website.

Disabling certain cookies may affect the functionality or performance of parts of the Website.

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14. WEBSITE AVAILABILITY

We endeavour to maintain the availability and proper functioning of the Website.

However, we do not guarantee that the Website will:

* always be available;
* operate without interruption;
* be free from errors;
* be completely secure;
* be free from viruses or other harmful components; or
* remain unchanged or available indefinitely.

The Website may occasionally be unavailable due to maintenance, updates, technical problems, security incidents, telecommunications failures or circumstances beyond our reasonable control.

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15. DISCLAIMER

To the fullest extent permitted by applicable law, the Website and its content are provided on an “as is” and “as available” basis.

We make no representation or warranty, express or implied, that:

* the information on the Website is complete, accurate or current;
* the Website will be available at all times;
* the Website will be free from errors or interruptions;
* the Website will be secure or free from malicious software; or
* the Website will meet your particular requirements or expectations.

Nothing in these Terms excludes or limits any right, warranty, representation or liability that cannot lawfully be excluded or limited under applicable Malaysian law.

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16. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, K.F. Fong & Co., its partners, employees, representatives and service providers shall not be liable for any loss or damage arising directly or indirectly from your access to or use of, or inability to access or use, the Website or its content.

This includes, where legally permissible, loss or damage arising from:

* reliance on information published on the Website;
* errors or omissions in Website content;
* interruption or unavailability of the Website;
* technical failures;
* viruses or other harmful components;
* unauthorised access to systems;
* third-party websites or services; or
* any other matter relating to your use of the Website.

This limitation does not apply to liability that cannot lawfully be excluded or limited under applicable Malaysian law.

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17. INDEMNITY

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless K.F. Fong & Co., its partners, employees and representatives from claims, losses, liabilities, damages, costs and expenses arising from:

1. your unlawful or unauthorised use of the Website;
2. your breach of these Terms;
3. your violation of applicable law; or
4. your infringement of the rights of K.F. Fong & Co. or any third party.

This provision does not require you to indemnify K.F. Fong & Co. for losses arising from matters that cannot lawfully be attributed to you.

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18. CHANGES TO THE WEBSITE

We may, at any time and without prior notice:

* modify or update the Website;
* add or remove content;
* change the structure or functionality of the Website;
* suspend particular features;
* discontinue part or all of the Website; or
* introduce new features or services.

We are not required to maintain any particular content, feature or functionality indefinitely.

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19. SUSPENSION OR TERMINATION OF ACCESS

We may restrict, suspend or terminate your access to the Website where we reasonably consider it necessary, including where you:

* breach these Terms;
* use the Website unlawfully;
* compromise the security or operation of the Website;
* misuse the Website; or
* engage in conduct that may cause harm to K.F. Fong & Co., its personnel, clients or third parties.

Where reasonably practicable and appropriate, we may provide notice before restricting access.

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20. ELECTRONIC COMMUNICATIONS

When you communicate with us electronically, including through email, online forms or other electronic communication channels, you acknowledge that electronic communications may be used for communications relating to your enquiry or interaction with us.

Where applicable and permitted by law, electronic communications and electronic records may be used in accordance with applicable Malaysian laws.

Nothing in these Terms requires you to consent to receive marketing communications merely by using the Website.

Where consent is required by applicable law for a particular type of electronic communication, the appropriate consent mechanism will be used.

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21. NO WAIVER

If we do not immediately enforce any provision of these Terms, this does not constitute a waiver of our right to enforce that provision in the future.

Any waiver must be expressly given by us.

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22. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable by a competent authority, that provision shall be modified or severed to the minimum extent necessary, while the remaining provisions shall continue to apply.

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23. ENTIRE AGREEMENT

These Terms, together with our Privacy Notice and any other policies expressly incorporated into these Terms, constitute the terms governing your use of the Website.

These Terms do not replace or override any separate engagement letter, service agreement or other contract entered into between you and K.F. Fong & Co.

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24. GOVERNING LAW AND JURISDICTION

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

Subject to any mandatory rights or jurisdiction that cannot lawfully be excluded, you agree that the courts of Malaysia shall have jurisdiction in relation to disputes arising out of or in connection with these Terms or your use of the Website.

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25. CHANGES TO THESE TERMS

We may revise these Terms from time to time to reflect:

* changes to the Website;
* changes to our services;
* changes in applicable laws or regulations;
* changes in technology or security requirements; or
* other operational or business requirements.

The latest version will be published on the Website together with the relevant “Last Updated” date.

You should review these Terms periodically.

Your continued use of the Website after the revised Terms are published constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

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26. CONTACT US

If you have any questions, comments or concerns regarding these Terms of Use or the Website, please contact us:

K.F. Fong & Co.
Email: [email protected]

Website: kffongco.com

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27. COPYRIGHT

Unless otherwise stated, the content of this Website may not be reproduced, republished, distributed or commercially exploited without our prior written permission.

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