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| 1. |
GENERAL |
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These Terms and Conditions shall
be read together with any other terms and conditions
governing the use of other facilities, benefits,
products or services which the AmBank Group may
make available to you from time to time in connection
with AmMobile Banking. In the event of any conflict,
these Terms and Conditions shall prevail. |
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Upon registration for
AmMobile Banking you shall be entitled to utilise
the AmBank Contact Centre Service. |
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| 2. |
DEFINITIONS |
| 2.1 |
The following terms and expressions
shall have the following meanings unless otherwise
defined: |
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"Account"
means any one or more accounts held and/or
facilities provided by the AmBank Group
including but not limited to savings accounts,
current accounts, credit card or debit card
accounts, loans, investments or such other
accounts and/or facilities as may be determined
by the AmBank Group from time to time. |
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" AmBank Contact Centre
Service" or "
Contact Centre Service" means
the phone banking service made available
by the AmBank Group. |
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" AmBank Contact
Centre Service" or "
Contact Centre Service" means the
phone banking service made available by the AmBank
Group. |
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"AmBank" means
AmBank (M) Berhad (8515-D) and includes its successors
in title and assigns. |
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"AmMobile Banking"
or "Service" means the banking
service(s) or such other services of the AmBank
Group as may be offered from time to time made available
through the use of mobile phones and any other such
devices as may be approved from time to time. |
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"AmBank Group"
means AmBank (M) Berhad (8515-D) and its subsidiaries,
either individually or collectively, as the context
requires. |
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"Bill Payment Service"
means the services made available by the AmBank
Group to you for payment of Bills. |
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"Bills" shall
mean bills issued by the Payee Corporation for the
use or purchase of goods or services by you from
the Payee Corporation. |
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"Content" shall
mean proprietary and non-proprietary information
and works of text, hypertext, music, voice, video,
multi-media work or art for banking and financial
services, promotional, educational, informational
and/or entertainment purposes made available on
AmMobile Banking. |
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"Instruction(s)"
means any request or instruction to the AmBank Group
effected by use of a valid Mobile PIN together with
the mobile phone number registered with the AmBank
Group. |
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"Mobile PIN" means
any personal identification number and/or password
selected by you or assigned by the AmBank Group
to you, as the case may be, to enable your access
and use of AmMobile Banking. |
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"Network Service Provider"
means telecommunications service providers or
any other network service provider that provides
the Customer with telecommunications and connectivity
services necessary for the provision of AmMobile
Banking. |
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"Payee Corporation"
means corporations approved by the AmBank Group
from time to time for the Bill Payment Service and
displayed on the AmBank Group Web Site. |
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"SMS" means Short
Messaging Service which is the transmission of short
text messages to and from SMS enabled devices including
but not limited to mobile phones. |
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"Terms and Conditions"
means these terms and any amendments and/or variations
thereto for access and/or use of AmMobile Banking. |
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"Transaction Cut-Off Time"
means 11p.m. on any day, unless indicated otherwise
by the AmBank Group. |
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"Web Site"
means the web site located at URL: http://www.ambg.com.my. |
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| 2.2 |
References to 'persons'
shall include companies, corporations and individuals. |
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| 2.3 |
References to 'you'
are references to customers of the AmBank Group
to whom the AmBank Group has agreed to provide AmMobile
Banking and "your" and "yours"
have a corresponding meaning. |
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| 2.4 |
Words importing the
singular shall include the plural and vice versa. |
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| 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. |
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| 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. |
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| 3. |
ELIGIBILITY FOR AmMOBILE
Banking |
| 3.1 |
AmMobile Banking is
available to accountholders of the AmBank Group
who hold existing valid Account(s) subject to restrictions
that may be imposed by the AmBank Group from time
to time. In respect of joint accounts, AmMobile
Banking shall be limited to such accounts that can
be operated with no more than one signatory. |
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| 3.2 |
The AmBank Group has
the absolute discretion to accept or reject any
application for AmMobile Banking and without giving
any reason therefor. |
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| 4. |
YOUR MOBILE PIN |
| 4.1 |
You hereby warrant and undertake
that you shall keep your Mobile PIN and Account(s)
information confidential at all times and shall
not directly or indirectly disclose such information
to any other party. You shall ensure that your Mobile
PIN is memorised and not recorded anywhere and that
the Mobile PIN is changed at least once every three
(3) months. If you know or suspect that your Mobile
PIN has been compromised, misused, is lost or stolen,
or that funds have been transferred or may be transferred
from your Account(s) without your permission, or
any fraudulent activity on your Account(s), you
are required to notify the AmBank Group immediately
using the contact information provided below. This
is to be followed by a written report. You will
not be liable for any unauthorised transactions
made after the AmBank Group has received and logged
your notification. |
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| 4.2 |
The AmBank Group shall
not be liable for any loss or damage in the event
of any unauthorised use or access via your Mobile
PIN under any circumstances save and except where
the loss or damage is directly caused by gross negligence
or fraudulent conduct on the part of the AmBank
Group. |
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| 5. |
BILL PAYMENT SERVICES |
| 5.1 |
The Bill Payment Services
shall only be used for the purpose of settling Bills
to the Payee Corporation(s). The AmBank Group 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 required
to contact the Payee Corporation(s) should you experience
any such disconnection or disruption. |
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| 5.2 |
The AmBank Group 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 shall
not be liable for any loss or damage which you may
suffer as the result of this. |
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| 6. |
INSTRUCTIONS |
| 6.1 |
You hereby agree that
you authorise the AmBank Group to act on any Instruction
which is identified by any use of your Mobile PIN
and this Instruction shall be deemed correct, irrevocable,
valid and binding on you upon receipt by the AmBank
Group. |
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| 6.2 |
The AmBank Group shall
not be liable for any loss and damage which you
and/or any third party may sustain from the AmBank
Group acting on such Instruction(s), whether given
by you or someone purporting to be you, authorised
or unauthorised. |
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| 6.3 |
Notwithstanding anything
stated herein, Instructions given before the Transaction
Cut-Off Time will be processed by the AmBank Group
on the same day. All Instructions given after the
Transaction Cut-off Time will be processed the next
day. |
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| 6.4 |
The AmBank Group shall
effect all Instructions received at its absolute
discretion and may, without notice and without giving
any reason, cancel or refuse to execute any of your
Instructions at any time without incurring any liability. |
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| 6.5 |
Should you have any
reason to believe that an Instruction has not been
accurately or completely received by the AmBank
Group, immediate notification should be made to
the AmBank Group. The contact information is provided
below. |
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| 7. |
TRANSACTION RECORDS |
| 7.1 |
You agree that the
AmBank Group's records shall be conclusive evidence
of your dealings in connection with AmMobile Banking. |
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| 7.2 |
You hereby agree not
to object to the admission of the AmBank Group'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. |
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| 8. |
DISCLOSURE OF INFORMATION |
| 8.1 |
You hereby authorize
the disclosure of any information regarding yourself
or your Account(s) to any third party in order for
the AmBank Group to execute your Instructions under
AmMobile Banking. |
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| 8.2 |
You hereby authorise
the disclosure of information regarding yourself
or your Account(s) to any entity within the AmBank
Group to enable the cross selling or servicing of
AmBank Group's products and services to you. |
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| 8.3 |
However if you are
not agreeable to sharing your information for the
purposes and/or to the parties stated in these Terms
and Conditions, you are advised to cease using AmMobile
Banking immediately. |
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| 8.4 |
You hereby agree and
understand that the AmBank Group, or any third party
to whom the AmBank Group has transmitted information
about you or your Account(s), may disclose this
information if required or authorised by any law,
regulation, court order or other legal process to
do so. |
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| 8.5 |
You hereby authorize
and permit the AmBank Group to transmit messages,
information, data and Content to your mobile phones
or any such devices as may be approved from time
to time under AmMobile Banking, irrespective of
whether the same has been initiated or requested
by you. |
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| 9. |
FEES AND CHARGES
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| 9.1 |
You acknowledge that
the AmBank Group shall be entitled to levy or impose
service charges or transaction fees and/or to vary
such fees from time to time upon prior written notice
of such variation in respect of the AmMobile Banking
rendered to you. Your continued use of AmMobile
Banking to which such charges and fees relate to
shall be deemed to be acceptance of the same. |
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| 9.2 |
You hereby authorise
the AmBank Group to debit your Account with such
fees, commissions and charges. |
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| 9.3 |
Notwithstanding the
service charges or transaction fees imposed by the
AmBank Group you are further liable for any charges
levied by any of Network Service Providers, Payee
Corporations and/or any other third party as a result
of the use by you of AmMobile Banking. |
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| 10. |
LIMITS ON TRANSACTIONS AND
ACCOUNT INFORMATION |
| 10.1 |
The AmBank Group is
entitled to set limits on transaction(s) performed
by you through AmMobile Banking. Such limit(s) may
be varied from time to time and you shall be informed
accordingly of such changes. Notwithstanding the
limit(s) set by the AmBank Group, 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. |
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| 10.2 |
While the AmBank Group
takes reasonable steps to ensure that any information
pertaining to your Account(s) obtained through AmMobile
Banking 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
or are in the midst of being processed. |
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| 11. |
TERMINATION OR SUSPENSION
OF SERVICES |
| 11.1 |
Your use and access
to AmMobile Banking may be terminated or suspended
whether in part or whole by the AmBank Group at
any time without any reason whatsoever subject however
to you having been given notice as soon as reasonably
practicable. |
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| 11.2 |
You may terminate
your use and access to AmMobile Banking by giving
prior written notice. Upon doing so, you agree not
to thereafter use AmMobile Banking and you further
agree that the AmBank Group shall not be obliged
to effect any Instruction(s) received on any day
falling after receipt of your notice of termination. |
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| 12. |
LIABILITIES |
| 12.1 |
You shall be responsible for and
liable for any loss or damage suffered by the AmBank
Group as a result of any breach of any of the Terms
and Conditions in this Agreement by you. |
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| 12.2 |
Under no circumstances and under
no legal theory, tort, contract, or otherwise shall
the 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,
injuries or any and all damages or losses or expenses
that arise by accessing and/or using AmMobile Banking
including but not limited to any one of the following
circumstances : |
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where the AmBank Group has
reason to doubt the authenticity of the
Instruction(s). In such an instance, the
AmBank Group is under no obligation to investigate
the authencity or authority of person(s)
effecting your Instructions or verify the
accuracy and completeness of your Instruction(s);
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where the
AmBank Group is required by law to prohibit
withdrawals from your Account(s); |
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where your Account(s) is frozen or closed; |
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where you
are unable to access or use AmMobile Banking; |
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where you
fail to provide necessary and/or accurate
information or Instruction(s) for the performance
or completion of transactions; |
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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 AmBank Group herein due to any cause
beyond the control of the AmBank Group including
but not limited to technical breakdown, strikes
or other industrial action or communications
or power failure; |
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where you
fail to maintain sufficient funds in your
Account(s) to perform any Instructions given
by you; |
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where there
is an inability to perform any transactions
due to limits set by the AmBank Group or by
yourself; |
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where you
fail to follow the current instructions, procedures
and directions for using AmMobile Banking; |
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where there
is any loss or damage caused by third parties
or any circumstances beyond the AmBank Group's
reasonable control; |
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where there
are errors, alterations or destruction of
any Instruction(s), data or information transmitted
through AmMobile Banking; |
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where there
is a failure or delay caused by any of Network
Service Providers and/or the Payee Corporations;
and |
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| 12.3 |
AmBank Group will not be
held responsible for any losses and/or damages
suffered by you due to your error in giving Instruction
(s). |
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| 12.4 |
Your sole remedy, financial or
otherwise, for any damage or claim arising any use
of AmMobile Banking shall be limited to the AmBank
Group reprocessing the affected data or transaction
at no cost to you |
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| 13. |
RIGHT TO SET-OFF |
| 13.1 |
The AmBank Group may at any time,
with notice to you as soon as reasonably practicable
and in the manner deemed fit, set-off from your
Account(s) or any other accounts maintained by you
with the AmBank Group, any amount(s) which you have
incurred as liability to the AmBank Group, whether
arising out of the Terms and Conditions set out
herein or pursuant to any transaction(s) executed
with the AmBank Group or by operation of law. |
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| 13.2 |
The AmBank Group shall not be
liable for any damage, loss or expense suffered
by you as a result of exercising its rights hereunder
and you agree to hold the AmBank Group harmless
from any claim arising from the exercising of its
right to set-off. |
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| 13.3 |
The AmBank Group's rights hereunder
shall not be affected by your death, bankruptcy,
insolvency or if legal process is levied against
you. |
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| 14. |
ASSIGNMENT, MERGERS
AND/OR ACQUISITIONS |
| 14.1 |
You hereby agree that the AmBank
Group shall be entitled to assign the rights and
obligations under this Agreement. |
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| 14.2 |
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 AmBank Group whether or not resulting
in the change of name in the new entity. |
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| 15. |
COPYRIGHT AND TRADEMARK NOTICES |
| 15.1 |
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 AmBank Group unless
otherwise indicated. The AmBank Group strictly prohibits
any use of any of its aforesaid rights in any manner
whatsoever without its express prior written consent. |
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| 15.2 |
Any commercial or other forms
of exploitation of the Content available on this
Service is prohibited, except when it is explicitly
permitted by the AmBank Group. |
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| 15.3 |
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. |
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| 16. |
INDEMNITY |
| 16.1 |
You hereby agree to indemnify
and keep fully indemnified the AmBank Group, its
employees, agents, co-branders against any action,
claim, demand, expenses (including legal fees on
a full indemnity basis) suffered or incurred arising
from your access and/or use of AmMobile Banking
save and except for such losses and damages directly
caused by the AmBank Group's gross negligence or
fraudulent conduct including but not limited to:- |
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your use or misuse of AmMobile Banking or
the Contents therein; |
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your breach
or non-observance of the Terms and Conditions
herein; and |
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infringement of rights of any third party
in conjunction with your use or access to
AmMobile Banking. |
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| 17. |
MODIFICATION OF THE TERMS &
CONDITIONS |
| 17.1 |
The AmBank Group reserves the
right to amend the Terms and Conditions herein at
its sole discretion at any time. Notice of such
amendments shall be given in advance in such manner
as the AmBank Group deems fit and subject to any
legislative requirements. |
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| 18. |
NOTICES |
| 18.1 |
You consent that all notice(s)
and other communication required under these Terms
and Conditions or which concern AmMobile Banking
shall be deemed to have been delivered: |
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On the third day, if sent by ordinary post; |
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On receipt, if sent by SMS through AmMobile
Banking; |
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On the date of publication of the advertisement,
published in any
national newspaper; |
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Two (2) days after the date of posting of
the notice contained in the
AmBank Group's statement of account; |
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Where notified to you in any other manner
as the AmBank Group deems fit
and subject to any legislative requirements |
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| 18.2 |
All notices from you to the AmBank
Group concerning AmMobile Banking and/or these Terms
and Conditions shall be in writing, signed by you
and sent to the address provided below or in any
such other way or to such other address as the AmBank
Group may notify you from time to time. |
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| 18.3 |
All references to date and time
shall be taken to be references to Malaysian date
and time. |
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| 19. |
GOVERNING LAW AND
JURISDICTION |
| 19.1 |
This agreement shall be governed
by and construed in accordance with the laws of
Malaysia and you hereby agree to submit to the jurisdiction
of the Courts of Malaysia in all matters connected
with the obligations and liabilities under these
Terms and Conditions. |
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| 20. |
QUESTIONS AND COMPLAINTS |
| 20.1 |
In case of questions and/ or complaints
about your Account(s), transactions and/or payments
relating to AmMobile Banking, you can contact the
AmBank Group by using the contact information available
below. The parties hereby agree to try to settle
the matter amicably. |
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CONTACT INFORMATION
Please contact our AmBank Contact
Centre:
03 - 2178 8888
or visit:
ambg.com.my
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