Terms and conditions

The Lender is a licensed moneylender under license No. WL7662/10/01-3/110127 issued by the Ministry of Housing and Local Government (KPKT).

By applying for and accepting a loan provided by the Lender, you agree to be bound by the terms and conditions set forth in this document (hereinafter referred to as the ‘Terms & Conditions’).

The Terms & Conditions are legally binding and governed by the laws of Malaysia.

DEFINITIONS
- “Lender” means ATX MYLOANHUB SDN. BHD (Company Registration No. 202001030236 (1386556-P)), with its registered address at Level 8-1, Tower 9, Avenue 5, The Horizon, Bangsar South, No.8 Jalan Kerinchi 59200 Kuala Lumpur, Malaysia, operating under the brand name “Nimbura”.
- “Applicant” means a customer who submits an application for the Loan.
- “Borrower” means a customer who enters into the Agreement to obtain the Loan from the Lender.
- “Agreement” means Schedule J: Money Lending Agreement under the Moneylenders (Control and Licensing) Regulations 2003.
- “Loan” means the amount of money in Malaysian currency specified in the Agreement.
- “Lender’s website” means https://nimbura.my.
ELIGIBILITY
1. The Applicant must be at least 18 years old at the time of application and must possess full legal capacity to enter into binding financial obligations in accordance with applicable laws in Malaysia.
2. The Applicant must provide accurate, complete, and up-to-date personal and financial information to the Lender at all times. The Applicant agrees and acknowledges that any omission, misstatement, or falsification of information shall constitute a material breach of these Terms & Conditions.
3. By applying for the Loan, the Applicant represents and warrants that:
  1. they are not a minor under Malaysian law;
  2. they are not an undischarged bankrupt or subject to any insolvency proceedings;
  3. they are applying for the Loan in their own personal capacity and not as a proxy or agent for any third party; and
  4. the Loan will not be used for unlawful, fraudulent, or restricted activities.
4. The Lender reserves the right to reject any Loan application, without the obligation to provide reasons or explanations for such rejection, including but not limited to the failure to satisfy eligibility requirements, unsatisfactory credit assessment, or potential non-compliance with internal risk and compliance policies.
5. The Lender reserves the right to independently verify any information submitted by the Applicant, including conducting background, credit, and identity checks, either directly or via authorised third-party service providers, without prior notice to the Applicant.
6. Upon approval of the application, in compliance with Section 27 of the Moneylenders Act 1951, the Agreement shall be attested by an authorized officer who shall certify the comprehension and full acceptance of the Agreement of the Borrower.
THE LOAN
1. Amount of the Loan:
  1. The Lender and the Borrower shall mutually agree on the amount of the Loan as specified in the Agreement.
  2. The Borrower and the Lender may agree to increase the amount of the Loan by executing a written amendment to the Agreement or by entering into a new Agreement, subject to the Lender’s sole discretion and its compliance with the Moneylenders Act 1951. For the avoidance of doubt, the Lender shall not be obligated to grant any additional financing.
2. Purpose of the Loan usage:
  1. The Borrower undertakes to use the Loan or any part thereof, solely for legitimate and legal purposes, and shall not use the Loan for any purposes that are not in compliance with Malaysian laws or any applicable laws or regulations.
  2. The Lender shall not be liable for any direct or indirect consequences arising from the Borrower’s use of the Loan, including any unlawful or unauthorized application of the funds.
3. The Loan disbursement:
  1. Disbursement shall be made only upon completion of all required documentation, verification, and attestation in accordance with the Moneylenders Act 1951, the Terms & Conditions, and the Agreement.
  2. The Loan shall be disbursed to the Borrower via direct bank transfer to the Borrower’s designated bank account as stated in the Agreement.
  3. The Lender shall not be responsible for any delay, failure, or error resulting from incorrect banking details or third-party financial institutions.
4. Term of the Loan:
  1. The Loan tenure shall commence on the date when the Loan is disbursed and end on the date specified in the Agreement.
  2. The Lender may agree to extend the Loan term by executing a written amendment to the Agreement or by entering into a new Agreement, subject to the Lender’s sole discretion and its compliance with the Moneylenders Act 1951. That said, the Lender is under no obligation to grant such extension.
5. Interest on the Loan:
  1. The Borrower agrees to pay the Lender interest on the Loan, or any outstanding balance thereof, if applicable, at an annual interest rate of 18%, calculated on a daily basis and payable in accordance with the repayment schedule.
6. Fees and charges for the Loan:
  1. The Borrower shall pay all reasonable costs, fees, charges and expenses incurred in connection with the approval and disbursement of the Loan in accordance with the Agreement and any related documentation, including an addendum to the Agreement. The total reasonable costs payable by the Borrower may include service fees, processing fees, documentation and attestation charges, stamp duties, and any other legal or administrative fees.
7. Repayment of the Loan:
  1. The Borrower shall repay the Loan, including all applicable fees, charges and interest, in full, in accordance with the schedule specified in the Agreement.
  2. Partial payments shall be allocated in the following order: (i) late payment fees, (ii) accrued interest, and (iii) principal, applied to the oldest outstanding installment first.
  3. Overpayments shall be applied to future installments in the order of the oldest invoice first. If no future installments remain, the excess amount shall be refunded to the Borrower within 7 days of a written request sent from the Borrower’s registered email, specifying the bank account for the refund.
  4. The Borrower may settle the Loan early by paying the outstanding principal, all applicable fees and charges in full, and interest proportionate to the period of loan usage, calculated from the disbursement date to the early settlement date. Early settlement shall not alter other terms of this Agreement without the mutual consent of the Borrower and the Lender.
  5. In the event of late repayment by the Borrower, late payment fees and charges shall apply as specified in the Agreement.
8. Late payment fee:
  1. The Borrower agrees to pay a late payment fee if the repayment of the Loan is made later than the schedule specified in the Agreement.
  2. The late payment fee will be calculated in accordance with the following formula:
    “The overdue amount x 8% / 365 * number of overdue days”
  3. The late payment charge shall not exceed the amount of the overdue principal amount.
  4. The imposition of late charges does not constitute a waiver of the Lender’s right to demand immediate repayment or initiate recovery action.
9. Debt collection activities:
  1. All recovery activities undertaken by the Lender shall be conducted in compliance with the Moneylenders Act 1951.
THE BORROWER’S PERSONAL INFORMATION
1. The Borrower is obligated to inform the Lender immediately, but no later than two (2) days, of any changes to their personal information, including but not limited to residential address, contact details, employment information and/or banking particulars.
2. The Lender has the right to require the Borrower to submit the information specified in Clause 4.1. In such a case, the Borrower is obligated to provide the requested information within three (3) days. Failure to do so entitles the Lender to unilaterally terminate the Agreement and demand immediate full repayment of the Loan.
3. The Lender shall send all information related to the Agreement to the Borrower’s contact details as specified in the Agreement, or via the Borrower’s user account on the Lender’s website or mobile application, if applicable.
4. All information sent to the Borrower’s contact details, as specified in Clause 4.3, shall be deemed received on the next business day following the date of dispatch and/or transmission.
5. The Lender shall send information related to the Agreement to the Borrower’s most recently provided contact details, and such information shall be deemed to have been received. The Borrower bears full responsibility for any failure or delay resulting from outdated or incorrect information.
6. The Borrower is responsible for safeguarding the login credentials, including but not limited to passwords used to access the Lender’s website and/or mobile application.
7. The Borrower agrees not to disclose their passwords to any third party. The Borrower must notify the Lender immediately upon becoming aware of any security breach or unauthorized use of their account. The Borrower shall be liable for any transaction or action conducted through their account unless proven otherwise.
8. The Borrower is prohibited from using, as a username, the name of another person or entity, or any name that is not lawfully available for use. This includes names or trademarks that are subject to the rights of others without proper authorization, as well as any name that is offensive, vulgar, or obscene.
9. By providing feedback to the Lender, the Borrower irrevocably assigns all rights, title, and interest in such content to the Lender, including but not limited to the right to modify, distribute, and commercialize the same.
10. Detailed information regarding the processing of the Borrower’s personal data by the Lender is available at: https://nimbura.my/privacy_policy.
EXEMPTION OF THE LENDER’S LIABILITY
1. The Lender shall not be liable for any losses of any kind incurred by the Borrower arising from:
  1. any delays, failures, or disruptions in the Loan disbursement;
  2. the rejection of any Loan Application;
  3. any consequences related to the Borrower’s use, misuse or reliance on the Loan;
  4. any revision of the Loan amount, suspension or termination of the Loan;
  5. any changes to any of these Terms & Conditions;
  6. any other exercise of the Lender’s rights in accordance with these Terms & Conditions, applicable laws, compliance rules and standards; and/or
  7. any system downtime, technical malfunction, or unauthorized access to the Borrower’s account not caused by the Lender’s gross negligence or willful misconduct.
2. The Lender shall not be obliged to provide any explanation for the refusal of any Loan Application and shall not be liable for any consequences resulting from such refusal.
3. The Lender is not liable for delays or failures in performing obligations due to events beyond its reasonable control, including natural disasters, government actions, or regulatory changes.
ASSIGNMENT
1. The Lender may assign, novate or transfer all or part of its rights under these Terms & Conditions without the Borrower’s consent.
2. The Borrower shall not assign or transfer all or part of its rights under these Terms & Conditions without the Lenders’ prior written consent.
3. The Borrower agrees that the Lender may outsource the management or collection of the debt, as well as the litigation process, to a third party, at the sole discretion of the Lender.
4. The Borrower acknowledges and agrees that any third party appointed under this Clause shall be entitled to exercise the Lender’s rights under this Agreement, including enforcement and recovery actions, to the same extent as if exercised by the Lender directly.
AMENDMENTS
1. The Lender has the right to make amendments to this Terms & Conditions by providing you with a written notice of the changes.
2. Any amendments shall take effect upon written notice to the Borrower in accordance to this Terms & Conditions.
3. The continued use of the Lender’s Website by you shall be automatically deemed to be an implied consent to the amendments.
GOVERNING LAW AND DISPUTE RESOLUTION
1. The Agreement, these Terms & Conditions, and any non-contractual obligations arising out of or in connection therewith shall be governed by the Moneylenders Act 1951 of Malaysia and other relevant laws of Malaysia.
2. Any dispute or disagreement arising out of or in connection with the Terms & Conditions shall be submitted to the exclusive jurisdiction of the Court of Malaysia.
OTHER CONDITIONS
1. The Lender’s website or mobile application may contain links to third-party websites or services that are not owned or controlled by the Lender. This means that the Lender has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
2. The Lender’s website may allow visitors and users to post content. The poster is responsible for the content that their post to the Lender’s website, including its legality, reliability and appropriateness.
3. By posting content on the Lender’s website, the poster grants the Lender the right to make such content available to other users of the website, who may use the content in accordance with these Terms & Conditions.
4. The poster confirms that the posting of their content on or through the Lender’s website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
5. The Lender reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any content is appropriate and complies with these Terms & Conditions, refuse or remove content,
6. The Lender’s trademark, logos, trade dress and/or any other intellectual property are forbidden to be used without the prior written consent of the Lender.
7. The Borrower agrees to use the Lender’s website, mobile application, or other digital platforms solely for purposes related to this Agreement and in compliance with these Terms & Conditions. The Lender reserves the right to suspend or terminate the Borrower’s access to its platforms for any misuse or breach of these terms.
8. These Terms & Conditions do not replace or override the Agreement. In the event of any conflict, the provisions of the Agreement shall prevail.
9. If any provision of these Terms & Conditions is found invalid or unenforceable, the remaining provisions remain in full force and effect.
ACCEPTANCE
1. The Borrower confirms that they have read, understood, and agreed to these Terms & Conditions and the Privacy Policy. The Borrower acknowledges that the Lender’s approval and disbursement of the Loan are conditional upon the Borrower’s acceptance of these documents and commitment to comply with the terms of the Agreement and these Terms & Conditions.
2. In the event that the Borrower disagrees with any part of these Terms & Conditions, the Borrower shall not access or use the Lender’s services, including applying for or receiving the Loan.

Terms and conditions

NIMBURA SDN. BHD. 
202001030236 (1386556-P)

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