 |
| |
Terms & Conditions
|
| |
|
| • AmBank Online Banking (for retail banking customers only) |
| |
| THESE TERMS AND CONDITIONS APPLY TO YOUR ACCESS AND USE OF THE, AmBank Online Banking SERVICE PROVIDED BY AmBank (M) Berhad (8515-D) AND LOCATED AT WWW.AMBG.COM.MY. |
| |
| PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS. BY ACCESSING AND/OR USING THE AmBank Online Banking SERVICE YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO MADE FROM TIME TO TIME. |
| |
| IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS AND/OR USE OF THE AmBank Online Banking SERVICE. |
| |
| DISCLAIMER - NO WARRANTY |
| |
| Although the Bank endeavors to ensure
the accuracy and validity of all information relating to the transactions
and the Bank's products and services, please note that the AmBank
Online Banking Service is provided "as is" and "as available", without
any warranty of any kind, either express, implied or statutory.
The Bank specifically disclaims any warranty of merchantability
or fitness for a particular purpose, warranty of title, non-infringement
of intellectual property rights or third party rights. You are advised
to evaluate and ensure that the quality of the products and/or services
accessed or purchased through the AmBank Online Banking Service
meet with your expectation. The Bank shall not be responsible for
any electronic virus(es) or worm(s) that you may encounter from
use of the AmBank Online Banking Service. |
| |
| To the fullest extent permitted by law,
the Bank does not warrant that the AmBank Online Banking Service
will be provided uninterrupted or free from errors or that any identified
defect will be corrected and that the information on the AmBank
Online Banking Service is accurate, complete, timely or reliable.
The Bank expressly disclaims liability for any delays, errors or
omissions in the transmission of Content (as hereinafter defined). |
| |
| LIMITATION OF LIABILITY |
| |
| Under no circumstances and under no legal
theory, tort, contract, or otherwise, shall the Bank or AmBank Group
be liable to you or any person for any direct or indirect, special,
incidental, or consequential damages of any character, including
and without any limitation, loss of goodwill, loss of use, profits,
work stoppage, computer failure or malfunction, or any and all commercial
damages or losses that arise by accessing and/or using the AmBank
Online Banking Service. Your sole remedy, financial or otherwise,
for any damage or claim arising out of any defect with the use of
the Service shall be limited to AmBank Group reprocessing the affected
data or transaction at no cost to you. |
| |
| 1. |
|
GENERAL |
| |
|
These Terms and Conditions shall be read alongside
any additional terms and conditions governing any product or service
provided by AmBank Group. In the event of conflict, these Terms
and Conditions shall prevail.
Upon registration for the AmBank Online Banking
Service you shall be automatically enrolled for the AmBank Contact
Centre Service.
You shall be bound by the Contact Centre Service terms and conditions
which is reproduced at the end of these Terms and Conditions.
|
| |
| THE CONTENT OF THE AmBank ONLINE BANKING SERVICE IS SUBJECT TO CHANGE AT THE DISCRETION OF THE BANK. |
| |
| NOTHING ON THE AmBank ONLINE BANKING
SERVICE IS TO BE CONSTRUED AS AN OFFER OR SOLICITATION TO SELL OR
BUY SECURITIES OR OTHER FINANCIAL INSTRUMENTS, OR AS ADVICE OR RECOMMENDATION
WITH RESPECT TO SUCH SECURITIES OR OTHER FINANCIAL INSTRUMENTS. |
| |
| THE AmBank ONLINE BANKING SERVICE IS
INTENDED FOR ACCOUNTHOLDERS OF AmBank Group OF THE AGE OF 18 YEARS
AND ABOVE. |
| |
| 2. |
|
DEFINITIONS |
| |
|
| 2.1 |
|
The following terms and expressions shall have the following meanings unless otherwise defined: |
| |
| |
|
"Account" means any one or more accounts held with AmBank Group including but not limited to your savings, current, credit card or debit card account or such other accounts as may be determined by the Bank from time to time. |
| |
| |
|
"Access Device" means personal computer, or mobile phones and any other such devices that connects you to the Internet. |
| |
| |
|
"Alliances" means participating merchants or Payee Corporations or any other entity whose products, services or information are made available by AmBank Group. |
| |
| |
|
"AmBank Contact Centre Service" or " Contact Centre Service" means the phone banking service made available by AmBank Group. |
| |
| |
|
"AmBank Online Banking Service"
or " Service" means the online banking service(s) of AmBank Group made available by the Bank. |
| |
| |
|
"AmBank Group" means AmBank (M) Berhad and
its principals which include any company, existing now or in the future, owning or owned by or under common ownership with either
directly or indirectly, or controlling, controlled by or under common
control with AmBank (M) Berhad. |
| |
| |
|
"The Bank" means AmBank (M) Berhad. |
| |
| |
|
"Banking Services" means the products and services of AmBank Group as are made available to you on the AmBank Online Banking Service. |
| |
| |
|
"Bill Payment Service"
means the services made available by the AmBank
Group to you for payment of Bills. |
| |
| |
|
"Bills"
shall mean bills issued by the Payee Corporation for the
use or purchase of goods or services by you from
the Payee Corporation. |
| |
| |
|
"Content"
shall mean proprietary and non-proprietary
information and works of text, hypertext, music, voice, video, multi-media
work or art for promotional, educational, informational and/or entertainment
purposes made available on the AmBank Online Banking Service.
|
| |
| |
|
"Internet"
means the worldwide network of
computer networks that use the TCP/IP network protocols to facilitate
data transmission and exchange. |
| |
| |
|
"Instruction(s)"means any request or instruction to the Bank effected
by use of a valid Login ID and Password |
| |
| |
|
"Internet Service Provider"
means, the interactive
dial-up accessto the internet service provider's connection to
the Internet, the provision of World Wide Web data and the incidental
storage of data. |
| |
| |
|
"Login ID"
means a unique name made up of
a string of characters chosen by you in order for the AmBank Online
Banking Service system to associate the Login ID with your profile
and Account(s). |
| |
| |
|
"Password"
means a string of characters,
chosen by you and stored in the Bank's computer system in an encrypted
form, which must be keyed in by you in order for the Bank's system
to authenticate your Login ID to grant you access to the AmBank
Online Banking Service. |
| |
| |
|
"Payment Date"
means the date selected by you for payment to be made. |
| |
| |
|
"Payee Corporation"
means corporations approved
by AmBank Group from time to time for the Bill Payment Service and
displayed on the AmBank Online Banking Service bill payment screen. |
| |
| |
|
"Terms and Conditions"
means these terms
and any amendments and/or variations thereto for access and/or use
of the AmBank Online Banking Service. |
| |
| |
|
"Transaction Cut-Off Time"
means 11p.m. on any Working Day, unless indicated otherwise on this Web Site. |
| |
| |
|
"Web Site" means this web site located at URL: http://www.ambg.com.my. |
| |
| |
|
"Working Day" means a day when the banks are open for business and shall exclude Saturday, Sundays and public holidays. |
| |
| 2.2 |
|
References to 'persons' shall include companies, corporations and individuals. |
| |
| 2.3 |
|
References to 'you', 'your' and 'yours' are references to customers of AmBank Group to whom the Bank has agreed to provide the AmBank Online Banking Service which includes individuals and joint-accountholders. |
| |
| 2.4 |
|
Words importing the
singular shall include the plural and vice versa. |
| |
| 2.5 |
|
Any banking term not specifically defined or described
herein shall be construed in accordance with the general practice
of the banks and financial institutions in Malaysia. Any term relating
to computer technology not specifically defined or described herein
shall be construed in accordance with the general practice and the
trade of computer companies and the information technology industry
in Malaysia. |
| |
| 2.6 |
|
In the event of any
conflict in the interpretation of this Agreement
and any translation of the Agreement in any language,
the English version shall prevail. |
|
| |
| 3. |
|
ELIGIBILITY FOR INTERNET BANKING SERVICE |
| |
|
| 3.1 |
|
The AmBank Online Banking Service is only available
to accountholders of AmBank Group of the age of 18 years and above
who hold existing Account(s) that can be operated with no more than
one signatory. |
| |
| 3.2 |
|
The Bank reserves the right to reject or accept
any application for the Service at its sole and absolute discretion.
Where the Bank rejects an application, it shall not be obliged to
provide any reasons or explanation for such a rejection. |
|
| |
| 4. |
|
APPLICATION |
| |
|
| 4.1 |
|
You should read all terms and conditions, rules
and/or regulations attached to each application form for each product
and/or service that you wish to apply for. |
|
| |
| 5. |
|
YOUR LOGIN ID AND PASSWORD |
| |
|
| 5.1 |
|
By using the AmBank Online Banking Service you
hereby warrant and undertake that you shall keep your Login ID,
Password and Account(s) information confidential at all times. If
your Login ID and/or Password has been compromised, misused, is
lost or stolen, or if you suspect that someone has transferred or
may transfer money from your Account(s) without your permission,
or if you suspect any fraudulent activity on your Account(s), you
are required to notify the Bank immediately using the contact information
provided below followed by written confirmation. You shall not be
liable for transactions entered into after the Bank has received
such notice. |
| |
| 5.2 |
|
In the case of joint account holders, a separate Login ID and Password shall be used by each joint accountholder. |
| |
| 5.3 |
|
In the event one of the joint accountholders loses
his or her Login ID or Password, the Bank shall remain authorised
to carry out any of the Instruction(s) issued by the remaining joint
accountholder(s) through the AmBank Online Banking Service. |
| |
| 5.4 |
|
The Bank reserves the right to suspend and/or revoke
the use of your Login ID and Password at any time subject however
to the Bank having given you notice as soon as reasonably practicable.
The Bank shall not however be required to provide any reasons for
such suspension or revocation. |
| |
| 5.5 |
|
The Bank shall not be liable for any loss or damage
in the event of any unauthorised use or access to your Login ID
and Password under any circumstances save and except if such loss
or damage is directly caused by the Bank's gross negligence or intentional
misconduct. |
|
| |
| 6. |
|
SECURE MESSAGES |
| |
|
| 6.1 |
|
The AmBank Online Banking Service provides you
with a secure messaging system for you to ask questions and/or give
comments about the AmBank Online Banking Service and for the Bank
to give you the necessary notices. This messaging system is accessible
to you after you sign on with your Login ID and Password to a secure
session of the Service. |
| |
| 6.2 |
|
You may also use the secure messaging system to instruct the Bank to perform certain non-financial services such as notifying a change of address. However, to ensure security of your Account(s) information,
the Bank recommends that you use only the secure messaging system
when asking questions and/or giving comments. |
| |
| 6.3 |
|
You cannot use the secure messaging system to give
Instructions to initiate transactions on your Account(s). For transactions
please use the appropriate functions within the AmBank Online
Banking Service. |
|
| |
| 7. |
|
BILL PAYMENT SERVICE |
| |
|
| 7.1 |
|
The Bill Payment Service requires sufficient time
for your Payee Corporation to receive your payment and credit your
account properly. To avoid incurring charges, you should schedule
your payments sufficiently in advance of the due date of your payment. |
| |
| 7.2 |
|
The Bill Payment Service shall only be used for
the purpose of settling Bills to the Payee Corporation(s). The Bank
shall not be liable for any disconnection or disruption in the supply
of services or purchase of goods to you from the Payee Corporation.
You are advised to contact the Payee Corporation(s) should you experience
any such disconnection or disruption. |
| |
| 7.3 |
|
The Bank may at any time, at its sole discretion,
vary the list of Payee Corporations or withdraw any Payee Corporation
from the list without providing any reason and the Bank shall not
be liable for any loss or damage which you may suffer as the result
of this. In the event the Payee Corporation list is varied, the
Bank shall inform you accordingly by way of a message broadcast
through the AmBank Online Banking Service secure messaging system. |
|
| |
| 8. |
|
CREDIT CARD |
| |
|
| 8.1 |
|
The issuance of the AmBank (M) Berhad VISA/MasterCard
(hereafter referred to as "the Card") by the Bank to the Cardmember
and the use of the Card on the Internet by the Cardmember shall
be subject to the terms and conditions of the Card. |
| |
| 8.2 |
|
For the purpose of this clause, all words and expressions
shall have the same meaning as that in the terms and conditions
of the AmBank (M) Berhad VISA/MasterCard Agreement. |
|
| |
| 9. |
|
RECURRING PAYMENTS/TRANSFERS OF FUNDS TO ACCOUNTS WITHIN THE BANK |
| |
|
| 9.1 |
|
By using this feature on the AmBank Online Banking
Service, you hereby request and authorise the Bank to make the recurring
payments/transfers to either your own
Account(s) or to a third party account, maintained by the Bank and
debit your Account(s) with the amount, or equivalent thereof, inclusive
of any charges thereof. |
| |
| 9.2 |
|
All requests for recurring payments/transfers shall
be processed on the Payment Date. Although the Bank will endeavor
to effect such recurring payments/transfers it accepts no responsibility
to make the same, and accordingly the Bank shall not incur any liability
through or by omission to follow any such Instruction(s). |
| |
| 9.3 |
|
You have the right to stop your request for recurring
payment/transfer, on any Working Day before the Payment Date. |
| |
| 9.4 |
|
The Bank may at its discretion cancel your request
for recurring payments/transfers at any time by notice in writing
to you. After receiving your request that no further payment is
required, the Bank may without notice thereafter cancel your request
for recurring payments/transfers at any time. |
| |
| 9.5 |
|
Your request for recurring payments/transfers shall
continue notwithstanding your death or bankruptcy or such revocation
of the recurring payment/transfer by any other means until and unless
notice of your death, bankruptcy or such revocation is received
by the Bank. |
| |
| 9.6 |
|
The Bank may levy a non-refundable charge for each
recurring payment/transfer request notwithstanding that the recurring
payment/transfer could not be effected due to your Account(s) having
insufficient funds. |
| |
| 9.7 |
|
In the event the recurring payment/transfer cannot
be made due to insufficient funds in your Account(s), the Bank shall
not be liable for not effecting the recurring payment/transfer for
the Payment Date concerned. You are required to make alternative
arrangements to effect the rejected requests for recurring payment/transfer
concerned. |
|
| |
| 10. |
|
INTERBANK GIRO |
| |
|
| 10.1 |
|
By using this service, you hereby request and authorise
the Bank through your
Instruction(s) to debit your Account(s) with a specified amount
of funds (inclusive of any service charges levied by the Bank for
the use of this service) and to transfer such specified amount less
the said service charges to either your account(s) or to a third
party account maintained with any one of the participating financial
institutions as may be determined by the Bank from time to time.
The amount specified (inclusive of the service charges levied) must
not exceed the limit per day as set out in this Web Site for the
Interbank GIRO, which limit shall be determined by the Bank and
may be varied from time to time at its absolute discretion. |
| |
| 10.2 |
|
Notwithstanding Clause 11.4 herein, the Transaction
Cut-Off Time for the Interbank GIRO services shall be 11.00 am on
a Working Day. Instruction(s) received after 11.00 am on a Working
Day or on a Non-Working Day shall be processed on the next Working
Day. For the purposes of these services, Non-Working Day is herein
defined as Saturdays, Sundays and Federal Territory Public Holidays. |
| |
| 10.3 |
|
Although the Bank shall endeavor to process all
Instruction(s) received, it accepts no responsibility for doing
so and accordingly, the Bank shall not incur any liability through
or by its omission to follow any Instruction(s).
You hereby acknowledge and agree that the Bank shall not be responsible
or liable for any delay, error or failure to effect the funds transfer
where the other financial institutions to which the funds transfer
is to be made has delayed, rejected, refused or is otherwise unable
to accept such funds transfer. In the event this occurs, the Bank
shall immediately or as soon as practicable inform you of such fact. |
| |
| 10.4 |
|
The Bank hereby reserves the right to make any
additions, modifications, deletions or variations to these terms
and conditions governing the Interbank GIRO at its sole discretion
with notification to you. |
|
| |
| 11. |
|
INSTRUCTIONS |
| |
|
| 11.1 |
|
You hereby agree that any Instruction(s) from you
is an authorisation for the Bank to rely and act upon your Instruction(s). |
| |
| 11.2 |
|
Instruction(s) will only be accepted by the Bank
if it has been affected through the AmBank Online Banking Service
using an appropriate Login ID and Password. However, the Bank shall
not be liable for any loss which you and/or any third party may
sustain from the Bank's acting on such Instruction(s), whether given
by you or someone purporting to be you, authorised or unauthorised. |
| |
| 11.3 |
|
Any one of the joint accountholders may issue Instructions
through the AmBank Online Banking Service and authorise the Bank
to effect any transactions on the Account(s). |
| |
| 11.4 |
|
Notwithstanding anything stated herein, Instructions
given before the Transaction Cut-Off Time on a Working Day will
be processed the same day. All Instructions given after the Transaction
Cut-off Time on a Working Day or on a day that is not Working Day,
will be processed the next Working Day. |
| |
| 11.5 |
|
The Bank reserves the right, without having to
assign any reasons, to refuse to act on any Instruction(s) given
to the Bank. |
| |
| 11.6 |
|
Your Instruction(s) shall be deemed received by
the Bank upon issuance of a reference number on the confirmation
page. For records of your dealings with the Bank and for subsequent
verification, you should print a copy of the confirmation page for
all transactions affected through the AmBank Online Banking Service. |
| |
| 11.7 |
|
Any Instruction(s) given by you shall be deemed
irrevocable and binding on you upon submission. |
| |
| 11.8 |
|
Should you have any reason to believe that an Instruction(s)
has not been accurately or completely received by the Bank, you
shall inform the Bank by calling the AmBank Contact Centre immediately
or in any other case no later than twenty-four (24) hours after
transmission of the relevant Instruction(s) by yourself. The Bank's
contact information is provided below. |
|
| |
| 12. |
|
INTERNET BANKING TRANSACTION RECORDS |
| |
|
| 12.1 |
|
You agree that the Bank's records shall be conclusive
evidence of your dealings with the Bank in connection with the AmBank
Online Banking Service. |
| |
| 12.2 |
|
You hereby agree not to object to the admission
of the Bank's records as evidence in any legal proceedings on the
basis that such records are not originals, are not in writing or
are documents produced by a computer. |
|
| |
| 13. |
|
DISCLOSURE OF INFORMATION |
| |
|
Where the Bank needs to pass information to other
financial institutions or to any of the Bank's Alliances in order
to execute your Instructions, you authorise the Bank to transmit
and store information about you and your Account(s) to provide these
third parties with such information.
You authorise the Bank to disclose such information
to any entity within the AmBank Group to enable the cross selling
or servicing of AmBank Group's products and services to you.
However if you are not agreeable to sharing your
information for the purposes and/or to the parties stated in these
Terms and Conditions, the Bank advises you to cease using the AmBank
Online Banking Service immediately.
You hereby agree and understand that the Bank,
or any third party to whom the Bank has transmitted information
about you or your Account(s), may disclose this information if required
or authorised by law to do so.
|
|
| |
| 14. |
|
FEES AND CHARGES |
| |
|
You acknowledge that the Bank shall be entitled
to levy or impose service charges or transaction fees and/or to
vary such fees from time to time in respect of the AmBank Online
Banking Service rendered to you subject however to the Bank having
given you 14 days prior notice.
Subject to such prior notice, you hereby authorise
the Bank to debit your account with such fees, commissions and charges.
You are liable for any telephone charges and any
charges made by your Internet Service Provider as a result of the
use by you of the AmBank Online Banking Service.
|
|
| |
| 15. |
|
LIMITS ON TRANSACTIONS AND ACCOUNT INFORMATION |
| |
|
The Bank is entitled to set limits on transaction(s)
performed by you through the AmBank Online Banking Service. The
limit(s) set by the Bank may be varied from time to time and the
Bank shall inform you accordingly of such changes. Notwithstanding
the limit(s) set by the Bank, you can choose to set a lower limit
for transactions carried out on your Account(s) through the Service,
in which case the lower limit set by you shall prevail.
You agree to adhere to the limit(s) set by the
Bank or by yourself for all transactions.
While the Bank takes reasonable steps to ensure
that any information pertaining to your Account(s) obtained through
this Service is up to date, you hereby acknowledge and agree that
such information may not be up to date as there may be Instruction(s),
transactions and/or charges incurred which have yet to be processed
by AmBank Group or are in the process of being processed.
|
|
| |
| 16. |
|
ERRORS AND QUESTIONS |
| |
|
| 16.1 |
|
In case of errors and questions about your Account(s),
transactions, payments or electronic payments, you can contact the
Bank to lodge a complaint by using the contact information available
below. The parties hereby agree to try to settle the matter amicably. |
|
| |
| 17. |
|
TERMINATION OR SUSPENSION OF SERVICES |
| |
|
| 17.1 |
|
Your use and access to this Web Site and/or the
AmBank Online Banking Service may be terminated or suspended whether
in part or whole by the Bank at any time subject however to the
Bank having given you notice as soon as reasonably practicable. |
| |
| 17.2 |
|
Where you fail to maintain any Account(s) with
the Bank or for any other reason deemed fit by the Bank, the Bank
shall be entitled to suspend or terminate your right of access to
the AmBank Online Banking Service. |
| |
| 17.3 |
|
You may terminate your use and access to the AmBank
Online Banking Service by giving the Bank 14 days prior written
notice. Upon doing so, you agree not to thereafter use the AmBank
Online Banking Service and you further agree that the Bank shall
not be obliged to effect any Instruction(s) received on any day
falling after receipt of your notice of termination. |
|
| |
| 18. |
|
LIABILITIES |
| |
|
| 18.1 |
|
You shall be responsible for and liable for any
loss or damage suffered by the Bank as a result of any breach of
any of the Terms and Conditions in this Agreement by you. |
| |
| 18.2 |
|
While the Bank takes reasonable steps to ensure
that any information pertaining to your Account(s) obtained through
this Service is up-to-date, the Bank makes no representations or
warranties that the information available on or about your Account(s)
through the AmBank Online Banking Service will be accurate or
up to date. |
| |
| 18.3 |
|
You shall be solely responsible for the purchase,
installation, maintenance and operation of Access Devices. |
| |
| 18.4 |
|
Under no circumstances and under no legal theory,
tort, contract, or otherwise shall the Bank and AmBank Group be
liable to you or any person for any direct or indirect, special,
incidental, or consequential damages of any character, including
and without any limitation, damages for loss of goodwill, loss of
use, data, profits, work stoppage, computer failure or malfunction,
or any and all commercial damages or losses that arise by accessing
and/or using the AmBank Online Banking Service where any one of
the following circumstances occur: |
|
| |
|
| |
|
| • |
|
where AmBank Group has reason to doubt
the authenticity of the Instruction(s). In such an instance,
AmBank Group is under no obligation to furnish reasons
for exercising its discretion not to act on the Instruction(s); |
| |
| • |
|
where AmBank Group is required by law to
prohibit withdrawals from your Account(s); |
| |
| • |
|
where your Account(s) is frozen or closed; |
| |
| • |
|
where you are unable to access or use the
AmBank Online Banking Service or any hyperlinked web sites; |
| |
| • |
|
the use or reliance of the Content of the
AmBank Online Banking Service (and/or any hyperlinked
web sites); |
| |
| • |
|
where you fail to provide necessary and/or
accurate information or Instruction(s) for the performance
or completion of transactions; |
| |
| • |
|
where there is a system, server or connection
failure, error, omission, interruption, delay in operation
or transmission, or computer virus, malicious codes, trojan
horses or corruption or delay in performance or non-performance
of any obligation of the Bank herein due to any cause
beyond the control of AmBank Group including but not limited
to technical breakdown, strikes or other industrial action
or communications or power failure; |
| |
| • |
|
where you fail to maintain sufficient funds
in your Account(s) to perform any Instructions given by you; |
| |
| • |
|
where there is an inability to perform
any transactions due to limits set by AmBank Group or
by yourself; |
| |
| • |
|
where you fail to follow the current instructions,
procedures and directions for using the AmBank Online
Banking Service; |
| |
| • |
|
where there is any loss or damage caused
by third parties or any circumstances beyond AmBank Group
reasonable control; |
| |
| • |
|
where there are errors, alterations or
destruction of any Instruction(s), data or information
transmitted through the AmBank Online Banking Service; |
| |
| • |
|
where you encounter any electronic virus(es) or worm(s); |
| |
| • |
|
where there is a failure or delay caused
by the browser software or by any Internet Service Provider
or any other software provider(s); and |
| |
| • |
|
where there are any other circumstances beyond the reasonable control of AmBank Group. |
|
|
| |
|
| |
| 18.5 |
|
Your sole remedy, financial or otherwise, for any
damage or claim arising out of any defect with the use of the Service
shall be limited to AmBank Group reprocessing the affected data
or transaction at no cost to you. |
|
| |
| 19. |
|
RIGHT TO SET-OFF |
| |
|
| 19.1 |
|
The Bank may at any time, with notice to you as
soon as reasonably practicable and in the manner the Bank deems
fit, set-off from your Account(s) or any other accounts maintained
by you with AmBank Group, any amount(s) where you have incurred
as liability to the Bank, whether arising out of the Terms and Conditions
set out herein or pursuant to any transaction(s) executed with the
Bank or by operation of law. |
| |
| 19.2 |
|
The Bank shall not be liable for any damage, loss
or expense suffered by you as a result of the Bank exercising its
rights hereunder and you agree to hold the Bank harmless from any
claim arising from the Bank exercising its right to set-off. |
| |
| 19.3 |
|
The Banks' right hereunder shall not be affected
by your death, bankruptcy, insolvency or if legal process is levied
against you. |
|
| |
| 20. |
|
INTERNATIONAL USE |
| |
|
| 20.1 |
|
The use of the AmBank Online Banking Service
outside of Malaysia is subject to the Exchange Control Regulations
of Bank Negara Malaysia or any fiscal or exchange control requirements
operating in the country where the transaction is effected or requested;
and the laws and regulations of Malaysia and the country where the
transaction is effected or requested. |
| |
| 20.2 |
|
The maximum amount of a transaction and the purpose
for which it is effected may be determined by Bank Negara Malaysia
and the laws and regulations of the country in which the transaction
is effected or requested. |
| |
| 20.3 |
|
You hereby agree that you are using the AmBank
Online Banking Service at your own initiative and are responsible
for your compliance with all applicable laws and regulations. |
|
| |
| 21. |
|
ASSIGNMENT, MERGERS AND/OR ACQUISITIONS |
| |
|
| 21.1 |
|
You hereby agree that the Bank shall be entitled
to assign the rights and obligations under this Agreement to any
member of AmBank Group. |
| |
| 21.2 |
|
You acknowledge and consent that the obligations
created by this arrangement shall continue to be valid and binding
for all intents and purposes notwithstanding any merger, acquisition,
reconstruction, amalgamation or otherwise which may be made in the
Bank whether or not resulting in the change of name in the new entity. |
|
| |
| 22. |
|
COPYRIGHT AND TRADEMARK NOTICES |
| |
|
| 22.1 |
|
All ownership rights, copyright, trademarks and
other intellectual property rights attaching to, contained or vested
in this Service and all Content, data, information, details, materials,
literature, manuals or graphics contained in this Service are properties
of the Bank and AmBank Group unless otherwise indicated. The Bank
strictly prohibits any use of any of its aforesaid rights in any
manner whatsoever without its express prior written consent. |
| |
| 22.2 |
|
Copying, reverse engineering, automated browsing,
downloading, commercial exploitation of the Content available on
this Service is prohibited, except when it is explicitly permitted
by the Bank. |
| |
| 22.3 |
|
All intellectual property rights, design and contents
of this Service shall belong to the Bank other than those intellectual
property rights of vendors or Alliances who have permitted the Bank
usage and reproductions of the Content on this Service. |
|
| |
| 23. |
|
DISCLAIMERS |
| |
|
| 23.1 |
|
Although the Bank endeavors to ensure the accuracy
and validity of all information relating to the transactions and
the Bank's products and services, please note that the AmBank
Online Banking Service is provided "as is" and "as available", without
any warranty of any kind, either express, implied or statutory.
The Bank specifically disclaims any warranty of merchantability
or fitness for a particular purpose, warranty of title, non-infringement
of intellectual property rights or third party rights. You are advised
to evaluate and ensure that the quality of the products and/or services
accessed or purchased through use of the AmBank Online Banking
Service meet with your expectation. The Bank shall not be responsible
for any electronic virus(es) or worm(s) that you may encounter arising
out of the AmBank Online Banking Service. |
| |
| 23.2 |
|
To the fullest extent permitted by law, the Bank
does not warrant that this Service will be provided uninterrupted
or free from errors or that any identified defect will be corrected
and that the information on the AmBank Online Banking Service
is accurate, complete, timely or reliable. The Bank expressly disclaims
liability for any delays, errors or omissions in the transmission
of Content. |
| |
| 23.3 |
|
You agree that the Bank relies on its Alliances
for the information on the Alliances and their products, services
and offers and that the Bank expressly disclaims all responsibility
and liability in respect of such information, products, services
or offers contained on this Service. |
| |
| 23.4 |
|
It is your responsibility to verify the information
and seek independent professional advice before acting on and relying
upon the information on this service as a basis for your decision. |
| |
| 23.5 |
|
The Bank shall not be liable for personal injury,
death or damages to tangible or intangible property to any person,
arising out of or resulting from use of the AmBank Online Banking
Service. |
|
| |
| 24. |
|
INDEMNITY |
| |
|
| 24.1 |
|
You hereby agree to indemnify and keep fully indemnified
the Bank and AmBank Group, its employees, agents, co-branders, Alliances
against any action, claim, demand, expenses (including legal fees
on a full indemnity basis) suffered or incurred by the Bank and
AmBank Group arising from your access and/or use of the AmBank
Online Banking Service save and except for such losses and damages
directly caused by the Bank's gross negligence or intentional misconduct
including but not limited to:- |
|
| |
| |
|
| |
|
| • |
|
use or misuse of the AmBank Online Banking
Service or the Content on this Service and any hyperlinked
web sites and the services provided therein; |
| |
| • |
|
your breach or non-observance of the Terms
and Conditions herein; and |
| |
| • |
|
infringement of rights of any third party
in conjunction with your use or access to this Service. |
|
|
| |
| 25. |
|
LINK TO THIRD PARTY WEBSITES |
| |
|
| 25.1 |
|
This Service contains links to the other web sites
and the Bank disclaims responsibility for the privacy practices
or the content of these linked web sites. Prior to you executing
a link on this Service, please be informed that our privacy policy
ceases to apply and the Bank advises you to read the privacy policies
of these linked web sites. |
|
| |
| 26. |
|
PROMOTION AND OFFERS |
| |
|
| 26.1 |
|
Information given on this Service includes exclusive
deals and promotions offered by the Alliances. Any correspondence
or business dealings with or participation in promotions of or any
payment and delivery of goods or services, and terms, conditions,
representations associated with such deals and promotions are strictly
between you and the Alliances. The Bank shall not be responsible
or liable for any loss or damages incurred as a result of any such
association between you and the Alliances. |
| |
| 26.2 |
|
In respect of Content offered by Alliances, the Bank does not and shall not: |
|
| |
| |
|
| |
|
| • |
|
assume any responsibility whatsoever for
the accuracy or appropriateness of the information contained
therein; |
| |
| • |
|
verify such information or make any representations,
warranties or guarantees concerning such information; |
| |
| • |
|
have control over their contents; |
| |
| • |
|
impliedly endorse the availability of the
goods or services offered by the Alliances; |
| |
| • |
|
represent and/or endorse the content; and |
| |
| • |
|
be liable for damages of any kind arising
from the use or reliance of the contents in the advertisements,
including but not limited to direct, indirect, incidental,
punitive, and consequential damages. |
|
|
| |
|
| |
| 26.3 |
|
The Bank advises you to contact its Alliances if
you have any queries or complaints regarding the Content provided
by them. |
|
| |
| 27. |
|
MODIFICATION OF THE TERMS & CONDITIONS |
| |
|
| 27.1 |
|
The Bank reserves the right to amend the Terms
and Conditions herein at its sole discretion at any time. The Bank
shall provide notice of such changes by broadcasting a message on
the AmBank Online Banking Service's welcome page. |
|
| |
| 28. |
|
PRIVACY POLICY |
| |
|
|
| |
| 29. |
|
ANTI-SPAM POLICY |
| |
|
| 29.1 |
|
The Bank will not permit spammers to operate on
its servers. When using the Content on this Service, you agree not
to send bulk unsolicited e-mail with commercial messages to other
users of this Service or the public; nor interfere, harass, threaten
or abuse other users; nor post or distribute any obscene, hateful,
racially offensive information or materials. |
| |
| 29.2 |
|
You shall have an option to receive e-mails from
the Bank which messages may be unrelated to the purpose of the services
offered under this Service. If you choose not to receive such e-mails,
please inform the Bank using the contact information provided below. |
|
| |
| 30. |
|
NOTICES |
| |
|
| 30.1 |
|
You consent that all notice(s) and other communication
required under these Terms and Conditions or which concern the AmBank
Online Banking Service shall be deemed to have been delivered: |
|
| |
|
| |
|
| • |
|
When delivered, if delivered personally; |
| |
| • |
|
On the third day, if sent by ordinary post; |
| |
| • |
|
On the next day following confirmation
of a successful transmission, when sent by facsimile transmission; |
| |
| • |
|
On the next day after despatch, if sent by courier; |
| |
| • |
|
Twenty-four (24) hours after sending, if
sent by electronic mail to your last known e-mail address
in the Bank's records; |
| |
| • |
|
Twenty-four (24) hours after sending, if sent by secure messages; |
| |
| • |
|
Upon display of the notice in the Bank's premises; |
| |
| • |
|
On the date of publication of the advertisement, published in any national newspaper; |
| |
| • |
|
Two (2) days after the date of posting of the notice contained in the Bank's statement of account; |
| |
| • |
|
Upon broadcasting a message or notice on this Web Site; |
| |
| • |
|
Where notified to you in any other manner as the Bank deems fit. |
|
|
| |
|
| |
| 30.2 |
|
All notices from you to the Bank concerning the
AmBank Online Banking Service and/or these Terms and Conditions
shall be in writing, signed by you and sent to the Bank at the address
provided below or in any such other way or to such other address
as the Bank may notify you from time to time. |
| |
| 30.3 |
|
All references to date and time shall be taken to be references to Malaysian date and time. |
|
| |
| 31. |
|
GOVERNING LAW AND JURISDICTION |
| |
|
| 31.1 |
|
This agreement shall be governed by and construed
in accordance with the laws of Malaysia. |
| |
| 31.2 |
|
By accessing and/or using the AmBank Online Banking
Service, you hereby consent to submit the exclusive jurisdiction
of the courts in Malaysia. |
|
|
| CONTACT INFORMATION |
| AmBank Contact Centre |
| Telephone Number |
603-2178 8888 |
| Mailing Address |
P.O. Box No. 12617 50784 Kuala Lumpur. |
| Email |
customercare@ambg.com.my |
|
|
AmBank (M) Berhad (8515-D)
Copyright © 2001 All Rights Reserved
Last Updated: 04 June 2005
|
Back to top |
|
|
| |
 |
|
|
| |
| • AmBank Online Banking (for Hire Purchase dealer only) |
| |
| THESE TERMS AND CONDITIONS APPLY TO YOUR ACCESS AND USE OF THE, AmBank Online Banking SERVICE PROVIDED BY AmBank (M) Berhad (Company No. 8515-D) (formerly known as AmFinance Berhad) AND LOCATED AT WWW.AMBG.COM.MY. |
| |
| PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS. BY ACCESSING AND/OR USING THE AmBank Online Banking SERVICE YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO MADE FROM TIME TO TIME. |
| |
| IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS AND/OR USE OF THE AmBank Online Banking SERVICE. |
| |
| DISCLAIMER - NO WARRANTY |
| |
| Although the Bank endeavors to ensure
the accuracy and validity of all information relating to the transactions
and the Bank's products and services, please note that the AmBank
Online Banking Service is provided "as is" and "as available", without
any warranty of any kind, either express, implied or statutory.
The Bank specifically disclaims any warranty of merchantability
or fitness for a particular purpose, warranty of title, non-infringement
of intellectual property rights or third party rights. You are advised
to evaluate and ensure that the quality of the products and/or services
accessed or purchased through the AmBank Online Banking Service
meet with your expectation. The Bank shall not be responsible for
any electronic virus(es) or worm(s) that you may encounter from
use of the AmBank Online Banking Service. |
| |
| To the fullest extent permitted by law,
the Bank does not warrant that the AmBank Online Banking Service
will be provided uninterrupted or free from errors or that any identified
defect will be corrected and that the information on the AmBank
Online Banking Service is accurate, complete, timely or reliable.
The Bank expressly disclaims liability for any delays, errors or
omissions in the transmission of Content (as hereinafter defined). |
| |
| LIMITATION OF LIABILITY |
| |
| Under no circumstances and under no legal
theory, tort, contract, or otherwise, shall the Bank or AmBank Group
be liable to you or any person for any direct or indirect, special,
incidental, or consequential damages of any character, including
and without any limitation, loss of goodwill, loss of use, profits,
work stoppage, computer failure or malfunction, or any and all commercial
damages or losses that arise by accessing and/or using the AmBank
Online Banking Service. Your sole remedy, financial or otherwise,
for any damage or claim arising out of any defect with the use of
the Service shall be limited to AmBank Group reprocessing the affected
data or transaction at no cost to you. |
| |
| 1. |
|
GENERAL |
| |
|
These Terms and Conditions shall be read alongside
any additional terms and conditions governing any product or service
provided by AmBank Group. In the event of conflict, these Terms
and Conditions shall prevail for the purpose of interpretation and
enforcement.
|
| |
| THE CONTENT OF THE AmBank ONLINE BANKING SERVICE IS SUBJECT TO CHANGE AT THE DISCRETION OF THE BANK. |
| |
| NOTHING ON THE AmBank ONLINE BANKING
SERVICE IS TO BE CONSTRUED AS AN OFFER OR SOLICITATION TO SELL OR
BUY SECURITIES OR OTHER FINANCIAL INSTRUMENTS, OR AS ADVICE OR RECOMMENDATION
WITH RESPECT TO SUCH SECURITIES OR OTHER FINANCIAL INSTRUMENTS. |
| |
| THE AmBank ONLINE BANKING SERVICE IS
INTENDED FOR ACCOUNTHOLDERS OF AmBank Group OF THE AGE OF 18 YEARS
AND ABOVE. |
| |
| 2. |
|
DEFINITIONS |
| |
|
| 2.1 |
|
The following terms and expressions shall have the following meanings unless otherwise defined: |
| |
| |
|
"Account" means any one or more accounts held with AmBank Group including but not limited to your savings, current, credit card or debit card account or such other accounts as may be determined by the Bank from time to time. |
| |
| |
|
"Access Device" means personal computer, or mobile phones and any other such devices that connects you to the Internet. |
| |
| |
|
"AmBank Contact Centre Service"
or " Service" means the online banking service(s) of AmBank Group made available by the Bank. |
| |
| |
|
"AmBank Online Banking Service"
or " Service" means the online banking service(s) of AmBank Group made available by the Bank. |
| |
| |
|
"AmBank Group" means AmBank (M) Berhad (Company
No. 8515-D) (formerly known as AmFinance Berhad) and its principals
which include any company, existing now or in the future, owning
or owned by or under common ownership with either directly or indirectly,
or controlling, controlled by or under common control with AmBank
(M) Berhad (Company No. 8515-D) (formerly known as AmFinance Berhad). |
| |
| |
|
"The Bank" means AmBank (M) Berhad (Company
No. 8515-D) (formerly known as AmFinance Berhad). |
| |
| |
|
"Banking Services" means the products and services of AmBank Group as are made available to you on the AmBank Online Banking Service. |
| |
| |
|
"Content"
shall mean proprietary and non-proprietary
information and works of text, hypertext, music, voice, video, multi-media
work or art for promotional, educational, informational and/or entertainment
purposes made available on the AmBank Online Banking Service.
|
| |
| |
|
"Internet"
means the worldwide network of
computer networks that use the TCP/IP network protocols to facilitate
data transmission and exchange. |
| |
| |
|
"Instruction(s)"
means any request or instruction to the Bank effected by use of a valid Login ID and Password. |
| |
| |
|
"Internet Service Provider"
means, the interactive
dial-up access to the internet service provider's connection to
the Internet, the provision of World Wide Web data and the incidental
storage of data. |
| |
| |
|
"Login ID"
means a unique name made up of
a string of characters chosen by you in order for the AmBank Online
Banking Service system to associate the Login ID with your profile
and Account(s). |
| |
| |
|
"Password"
means a string of characters,
chosen by you and stored in the Bank's computer system in an encrypted
form, which must be keyed in by you in order for the Bank's system
to authenticate your Login ID to grant you access to the AmBank
Online Banking Service. |
| |
| |
|
"Terms and Conditions"
means these terms
and any amendments and/or variations thereto for access and/or use
of the AmBank Online Banking Service. |
| |
| |
|
"Transaction Cut-Off Time"
means 11p.m. on any Working Day, unless indicated otherwise on this Web Site. |
| |
| |
|
"Web Site" means this web site located at URL: http://www.ambg.com.my. |
| |
| |
|
"Working Day" means a day when the banks are open for business and shall exclude Saturday, Sundays and public holidays. |
| |
| 2.2 |
|
References to 'persons' shall include companies, corporations and individuals. |
| |
| 2.3 |
|
References to 'you', 'your' and 'yours' are references to customers of AmBank Group to whom the Bank has agreed to provide the AmBank Online Banking Service which includes individuals and joint-accountholders. |
| |
| 2.4 |
|
Words importing the singular shall include the plural and vice versa. |
| |
| | | | |