Anti-Bribery and Corruption

This Policy establishes controls to ensure compliance with Anti-Bribery laws, and to ensure that’s business is conducted in a lawfully, professionally, ethically and socially responsible manner. Our commitment to prevent bribery and corruption is to ensure our employees, customers, vendors, agents and third parties whom we have dealings with also do so in compliance with effective anti-bribery and corruption policies. Hence, it is imperative that you read, understand and agree to all the provisions set out in this Policy. For the purpose of this Policy, the capitalised expressions shall have the meanings set out under “Definition” at the bottom of this Policy.

You undertake that as long as you are the Employee or Business Partner of

(a) You must not be involved in, an organised crime group (“Organised Crime”), a member of any Organised Crime, a person equivalent to a member of an Organised Crime, a company affiliated with any Organised Crime, a group engaging in criminal/illegal/unlawful activities including but not limited to providing funding to any Organised Crime, a group engaging in criminal/illegal/unlawful activities under the pretext of conducting social campaigns or Organised Crime involved in intellectual crimes and such other activities which the authorities deem as part of Organised Crime from time to time;

(b) You have not been convicted nor are we subject to any investigation, inquiry or enforcement proceedings by the relevant authorities of any actual or suspected breach Anti-Bribery Laws and will report any actual or suspected breach as soon as reasonably practicable and to the extent permitted by the law, to;

(c) You must comply with:
(i) the Anti-Bribery Laws and you must not take any actions or make any omissions which would could cause to be in violation of the Anti-Bribery Laws;

(d) You must not give or offer to give, agree to give, authorize, solicit or accept of any gratification, gift, commission or consideration of any kind as an inducement or reward for obtaining or retaining business or doing or promising to do any act or otherwise secure an improper advantage whatsoever for whatever reasons, by or for any person, including government or party officials, our employees, officers or any person acting on their behalves;

(e) You must not
(i) make any Facilitation Payments or transfer of value, offers or promises; or
(ii) give any financial or other advantage (including kickbacks), make any requests, agreements to receive or accepting any advantage whether financially or otherwise; in each case either directly or indirectly which has the purpose or effect of, or would mean acceptance of or acquiescence in, either directly or indirectly, public or commercial bribery, other unlawful or improper means of obtaining or retaining business or commercial advantage or the improper performance of any function or activity;

(f) You must promptly assist and cooperate with, its clients or any government body with any bribery and corruption risk assessment and due diligence by providing all relevant and/or required information upon request;

(g) You must promptly inform of any suspicious bribery and corruption activities, including but not limited to any request or demand for any undue financial or other advantage of any kind you received or being offered by the Employees of;

(h) You declare, to your best knowledge and belief, that you are not aware of any actual, potential or perceived conflict of interest situation or circumstances with or other stakeholders of;

(i) You agree and acknowledge that the provisions set out in this Undertaking shall form an integral part of the terms and conditions of your letter of offer, employment agreement appointment, contract of service and/or any agreement you entered into with and/or any dealings you have with;

(j) You agree and acknowledge that in the event
(i) you breach, or fail to comply with this Undertaking (“Said Breach”), reserves the right to
(a) suspend or terminate the contract, agreement, job, services whatsoever and disqualify you as the Employee or Business Partner of or from tendering for future contracts/ jobs; and/or
(b) report the same to the police and disclose all information required by the police; and
(ii) you shall indemnify and its directors and officers for all damages and costs they suffered and/or incurred as a result of, or in connection with, the Said Breach; and

(k) You fully understand, acknowledge and agree to the provisions set out in this Policy.

All forms of bribery and facilitation payments are prohibited. However, your safety is our utmost concern and in the event there are circumstances which you have no choice but to make facilitation payment so to protect against your loss of life, limb or liberty, please report this matter to us and we will do take all necessary actions permitted by law, including but not limited to making a police report.

More Information
If you require more information on what constitutes or deems a bribe, Facilitation Payment, gift etc, you may refer to the Anti-Bribery Laws, your legal advisor or request more information from us. However, you acknowledge any such information provided by us to you is on an “as is” basis without any warranty or representation of any kind and we do not act as your legal advisor in any manner.

For the purpose of this Policy, the expression of:
(a) “Anti-Bribery Laws” means all applicable laws, statues, by-laws whatsoever relating to anti-bribery and corruption in the jurisdictions in which operates. These laws include but are not limited to the Malaysian Penal Code (revised 1977), the Malaysian Anti-Corruption Commission Act 2009 (revised 2018), the Malaysian Companies Act 2016, UK Bribery Act 2010, Prevention of Corruption Act (Chapter 241) of Singapore, Republic Act no. 3019 (The Anti-Graft and Corrupt Practices Act of Philippine),Thailand’s Act Supplementing the Constitution Relating to the Prevention and Suppression of Corruption B.E.2561 (2018) (New Anti-Corruption Law) and Prevention of Bribery Ordinance (POBO) of Hong Kong;

(b) “Business Partner” means any third party (including but not limited to agents, consultants, contractors, subcontractors, affiliates, distributors, resellers, business contacts, professional advisors, joint venture partners) who
(i) has contractual relationship with; and/or
(ii) has, or potentially has, any dealings (including not limited to business dealings or provision of goods or services) whatsoever with; and

(c) “Employee” means all employees whether temporary, fixed-term, or permanent and include without limitation to consultants, contractors, trainees, agency staff, interns, sponsors or any other person or persons associated with (including third parties);

(d) “Facilitation Payment” means a payment or other provision made personally to an individual in control of a process or decision or is given to secure or expedite the performance of a routine or administrative duty or function.

(e) “” means all subsidiaries and/or associates companies, whether locally or internationally, of Enotaker Technology Sdn Bhd.

If you have any questions or comments relating to our Anti-Bribery and Corruption Policy, please contact us.