For the purpose of the interpretation of the terms and conditions, the words and phrases in the terms and conditions shall be defined as follows:

• Cookies means a small piece of data stored on your computer or mobile device by your website browser.
• CLA Portal means Container Ledger Account Portal. It is a patented, secured and certified portal according to ISO/IEC 27001:2022
• D&D means D&D Control (M) Sdn. Bhd. [Company No.201001039179 (923103-K)] at 109-111, Persiaran Pegaga, Bayu Perdana, 41200 Klang, Selangor, Malaysia.
• Services means services provided via the CLA Portal.
• Support Team means team designated to assist the subscribers of the CLA Portal on any technical issues which may arise upon visiting the portal.
• Third-party Services means service provided by third parties through the links to third party websites provided on the CLA Portal.

These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia.

Please read and understand the following terms and conditions which are meant to keep you informed of the obligations and to regulate your access to the services made available on CLA Portal, www.clap.my. By accessing this portal and/or using any of the provided services, you agree to be bound by these terms and conditions. The terms and conditions apply to the entire portal and any email communications in relation to or with the Support Team.

The information, materials, functions and contents provided in the pages of the portal may be changed from time to time with or without notice at D&D’s absolute discretion. Your continued access or use of the portal and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.

You are solely responsible for making your own assessment when accessing and using this portal, the services and the content on this portal, and you acknowledge and accept all inherent risks associated in accessing and using this portal, the services and the content over the internet.

You will be provided with our Support Team to resolve any technical issues relating to this portal. For feedback and suggestions, you may contact us at +603 3853 0300 and/or email supportdnd@dnd.com.my

The materials, services, products and information provided on this portal on an “as is” and “as available” basis. D&D does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, currentness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the portal, the services, materials, information and/or functions therein and expressly disclaims liability for errors and omissions in such services, materials, information and/or functions.

Without limitation to the foregoing, D&D does not warrant or represent that access to this portal, or the services, materials, information and/or functions contained therein will be provided uninterrupted or error-free or that any identified defect will be corrected, or that will meet your requirement, achieve any intended results, be compatible with or work alongside any other software, websites, systems or services, meet any performance or reliability standards, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other harmful or destructive properties will be transmitted or that no damage will occur to your computer system.

You shall be responsible to evaluate the quality, adequacy, completeness, currentness and usefulness of all services, content, advice, opinions and other information obtained or accessible through the portal. In addition, you should seek professional advice at all times and obtain independent verification of the materials and information provided herein as you consider necessary or appropriate, prior to acting on any information on this portal, making business, financial or commercial decision based on any such materials or information.

Your right to privacy is of paramount importance to D&D. You are required to provide your name, company’s name, business address, phone number, email address, financial account information and other related information on this portal. D&D will make use of this information for the purpose of serving you better through your utilization of the subscriptions and interfaces made available through the portal.In any event, you acknowledge and agree that D&D reserves its right to transfer, process, maintain, publish, retain your data and/or information on the CLA Portal.Besides, D&D is committed to taking reasonable measures to protect the individual identifying information that you provide to D&D.

You hereby unconditionally and irrevocably authorise and give your consent to D&D in order to process and/or use any of your information and/or data and to release the same to D&D’s related and/or affiliated company, D&D’s existing and/or future business partners and/or strategic alliances and/or any other third parties, as D&D may in its absolute discretion deem necessary or expedient for the purposes of providing the best functionality of the portal, identifying and communicating with you in a more personalized online experience, performing business functions, conducting and improving our services or products, as well as for any business purposes.Further and in addition thereto, you hereby confirm that no further permission nor consent from you would be necessary or required in relation thereto and that this shall constitute consent for the processing of your personal data.

Further and in the event, you submit or post any information ideas, suggestions, data or proposal including ideas to improve our service, features or technologies besides which have been specifically mentioned above, you also expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will be the sole property of D&D without any compensation or credit to you whatsoever. D&D and its affiliates shall have no obligations with respect to such submission or posts and may use the ideas contained in such submissions or posts for any purposes in any medium, in perpetuity including but not limited to developing or marketing its services.

The portal uses Cookies to identify the area of our portal that you have visited and we use Cookies to enhance the performance and functionalities of the CLA Portal.

You acknowledge that this portal and its contents are at all times protected by the applicable copyright laws, any other applicable intellectual property or proprietary rights, owned exclusively by D&D.

No part or parts of this portal may be modified, copied, distributed, transmitted, displayed, performed, reproduced, published, adapted, licensed, transferred, stored, or used in any manner without the express prior written consent of D&D.

Any such unauthorised reproduction, retransmission or other copying or modification of any of the contents of the CLA Portal may be in breach of statutory or common law rights which could be the subject of legal action. D&D disclaims all liability which may arise from any unauthorised reproduction or use of the contents of this portal.

Your access to the CLA Portal is on an annual license subscription. At the end of the subscription period, an automatic renewal will be executed, unless you have deactivated the account in accordance with the Account Deactivation terms stipulated herein.The subscription of the license is limited to granting access and utilizing services on the portal, it does not confer ownership of the license.

You will be required to login with your username and password provided by the CLA Portal in order to access and use the services provided on the portal. You agree that the username and password are very important pieces of information,and it shall be your sole responsibility to keep it secured and confidential at all times.

You shall take all reasonable precautions necessary to ensure that no other persons have or will be granted your login credentials. Such precautions may include, among others, immediately memorizing your username and password, destroying any document on which it is stated, changing password from time to time for security reasons and refrain from sharing your username and password with other parties. In this regard, you are solely responsible for making your own decisions and assessing the associated risks. Further, D&D disclaims all liability that may arise from your actions of sharing your login credentials with other parties.

In the event you discover any unauthorized access to your account, data/information, you shall promptly notify the Support Team thereof and take appropriate measures to mitigate the effects and prevent a recurrence thereof.

Links from or to third party sites outside this portal are meant for convenience only and the inclusion of such links does not imply an endorsement. Such linked websites are owned and operated by third parties and as such are not under the control of D&D. You acknowledge and agree that D&D shall not be responsible for any third-party services including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspects thereof.

Therefore, D&D shall not be responsible and makes no warranties in respect of the contents of those websites, or their products and services. Further, linking to any other site is at your sole risk and D&D will not be responsible or liable for any damages in connection with the linking.

If you register and/or subscribe with the CLA Portal, you agree to pay all fees or charges to your account or for services in accordance with the fees, charges and billing terms in effect at the time that fee or charge is due and payable.

The availability of payment methods as currently provided on the portal, may be changed from time to time. In addition, the payment made are deemed successful only if payment gateway service provider has approved it.

Fraudulent, duplicate transaction or due to server slow down/session timeout is categorized as transaction error. Before you initiate the second payment, you shall check whether your bank account has been debited or not, and accordingly resort to one of the following options:

• In case your payment account is debited, you shall not make the payment twice and immediately contact the Support Team to confirm the payment.
• In case the payment account is not debited, you may initiate a fresh transaction to proceed with the payment.

You shall directly contact the payment gateway service provider for any fraudulent transaction on your account for any misuse by a fraudulent individual/party.

Refund of the amount such as container deposit, excess amount paid or cancellation of charges after paid will be returned to your container ledger account once approved by the service provider. Besides, the refund fee may be levied on all types of refunds to cover administrative cost, transaction fee, penalty charge, etc.

While your access to this portal is presently waived, however you agree that D&D at all times have the right to levy a charge for such access. Furthermore, payment made via authorized payment gateway service provider will be charged as mentioned on the portal, which may be changed from time to time.

You agree and acknowledge that you may be required to register in order to access and use the services (whether provided now or in future) made available through the CLA Portal. You agree and acknowledge that in any such instance, D&D has the right to levy a charge for such registration and/or access to and use of such services or any portion of such services (in which case, such charges will be published). If in such case, you proceed to register, you will be deemed to have agreed to such charges.

You shall be responsible for all applicable charges, levies, taxes (whether provided now or in future). Where in such a situation you access the portal, you will be deemed to have agreed to such fees, charges, levies and taxes.D&D reserves its right to change all fees, charges, levies and taxes by giving you thirty (30) calendar days’ prior notice in writing or upon posting on this portal or by email to you. Additionally, you shall be liable for all legal costs incurred by D&D to recover any sum due & payable from you on the solicitors client basis.

You will not:

• violate the security of the portal nor attempt to gain unauthorized access to the portal, data, materials, information, computer systems or networks connected to any server associated with the portal, through hacking, password timing or any other means.
• take nor attempt any action that, in the sole discretion of D&D, impose or may impose an unreasonable or disproportionately large burden on the portal or its infrastructure.
• use nor attempt to use any scraper, robot, bot, spider, data mining, computer code, or any other automated device, program, tool, algorithm, process or methodology to access, index, acquire, copy, or monitor any portion of the portal, any data or content found on or accessed through the portal without the prior written consent of D&D.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

D&D and/or its business partners and/or other third parties mentioned on this portal herein shall in no event be liable for any loss or damages whatsoever, including without limitation, direct or indirect, incidental, reputational or consequential damages, lost profits, lost data or business interruption arising from any interruption to or unavailability of this portal or the services and/or the content, and in connection with your access or use or the inability to access or use this portal (or any third party link to or from the portal), reliance on the information contained on the portal, any technical, hardware or software failure, interruption, error, omission, delay in operation, computer viruses or otherwise.

You hereby irrevocably agree to indemnify D&D from all liabilities, claims, losses and expenses, including any legal fees that may be suffered and incurred by D&D as a result of or in connection with or arising from (1) your use or misuse of this portal and the services provided herein, or (2) your breach of these terms and conditions howsoever occasioned, or (3) any intellectual property right or proprietary right infringement claim made by a third party against D&D in connection with your use of this portal.

This subscription to the CLA Portal shall remain in effect until you deactivate the subscription or D&D may, at its sole discretion at any time and for any reason, suspend or terminate this subscription with or without prior notice. In particular, and without limitation, D&D may terminate and suspend your access should you breach any of these terms and conditions, or violate the rights of D&D, or any other user, or any third party.

You acknowledge and agree that D&D may stop providing the service to you or to other users generally at its sole discretion without prior notice to you. You acknowledge and agree that if your account is disabled, you will be prevented from accessing the service, your account details and any files or other information which is contained in your account.

Upon termination of your subscription, you shall cease all use of this portal,but such termination will not limit D&D’s rights or pursue all remedies available in law against you.

You understand and acknowledge that a breach of any of these terms and conditions may cause damage to D&D or any other user, or any third party. The Party who suffered damaged or who is likely to suffer damage may seek available remedies against such breach.

The method for you to deactivate your account is sending an official email to the Support Team. Upon the deactivation, you will immediately lose all access to this portal and/or use of the services.

Except as provided herein, the failure to exercise a right or to require performance of any obligation hereinunder shall not affect D&D’s rights to exercise such right or require such performance at any time thereafter nor shall be a waiver of a breach or constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, any rights shall not operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power hereinunder preclude further exercise of that or any other rights granted herein.

If any terms, conditions, or undertaking stated herein is declared by any Court or other competent authority to be void, voidable, invalid, illegal or unenforceable in whole or in part, the validity, legality and enforceability of the other terms and conditions stated herein or the remaining of the term(s) condition(s) stipulation(s) provision(s) covenant(s) or undertaking(s) in question shall not be affected thereby and shall remain in full force and effect.

You agree that D&D have absolute right to change, modify, update or revise the terms and conditions from time to time without prior notice to you or without any liability to you. Any updates may modify or delete certain features and/or functionalities of the portal. The revised version will be effective at the time we post it, unless otherwise noted.

By continuing to use our services provided on the portal after any changes to these terms and conditions, you agree to abide and be bound by those changes. If you do not agree with any changes to these terms and conditions, you may contact the Support Team. We will do our best to keep users aware of the updates. However, users are encouraged to follow up with the changes or additions to the terms and conditions frequently.

Notwithstanding the above, you agree that D&D has no obligation to provide any updates or to continue to provide or enable any particular features and/or functionalities of the portal to you.

Revision 5, September 2024