General Terms and Conditions
General Terms and Condition » General Terms and Conditions
(Revised clause 14.4 - Date of notification 01 April 2015)
Part J : Online Services
||Provision of Online Services
||Subject to the provisions of Part I of these terms and conditions, CIMB will, at the Client’s request, make the Online Services available to the Client. These Online Services are subject to these terms and conditions relating to their use.
||CIMB may, in its sole and absolute discretion, determine and vary the frequency, manner of use or availability of the Online Services from time to time. CIMB may also make changes to the Website(s) and the contents thereof from time to time. CIMB shall only use reasonable endeavours to provide the Online Services. Any transmissions made by either the Client to CIMB or CIMB to the Client using the Online Services shall be on a “reasonable endeavours” basis and consequently, CIMB shall be under no obligation to give effect to any such transmission and may refuse to carry out such transmission without giving a reason for such refusal.
||The Client shall be responsible for acquiring and maintaining any and all equipment necessary for utilising the Online Services. CIMB may from time to time stipulate the minimum specifications for the equipment necessary to access the Online Services but accepts no responsibility for the Client’s inability to access the Online Services by reason of any deficiency in the Client’s equipment.
||The Client acknowledges that the Client’s use of some Links (as defined below) may be governed by additional terms and conditions. In the event the Client chooses to visit or view any other website established through these Links, those additional terms and conditions:
(1) will apply to the Client’s use of such Links in addition to these terms and conditions; and
(2) will prevail over these terms and condition to the extent of any inconsistency but only to the extent of those
||The Client further agrees that:
(i) CIMB may (in its sole discretion) only establish a Link for the Client to access into the Third Party Content (as
defined below), which shall be on another website;
(ii) CIMB shall at no time be obliged to edit or manage (except to provide the Link) the Third Party Content nor verify
the accuracy thereof; and
(iii) CIMB shall be entitled to exclude any liability in respect of the Third Party Content by the automatic appearance
of an express disclaimer to that effect on the Website.
||In this Clause 43:
(i) “Link” means any and all means by which one web page may permit its users/Visitors to connect to or view
another web page, including, by creating hypertext, logo or other graphical links or by “framing” the content of
the other web page within the window or frame of a browser or other application.
(ii) “Visitors” means any visitor, user, subscriber or viewer of the i*Trade@CIMB Portal.
(iii) “Third Party Content” means any other information or content provided by any party other than CIMB on
||In order to utilise the Online Services, it may be necessary for CIMB to supply software to enable the Client to utilise the Online Services. If such software is supplied, the Client acknowledges that it only has a non-exclusive and non-transferable licence to use such software and CIMB may impose such further terms and conditions on the use of such software that it in its sole and absolute discretion deems fit. Upon termination of the Client’s use of the Online Services, any software so licensed to Client shall be returned to CIMB and all copies and documentation in respect thereof in the Client’s possession or control shall be returned to CIMB or destroyed.
||The Client may be required to place a deposit with CIMB before the Client can begin utilising the Online Services. CIMB may use such deposit to set-off against any sums owed to it by the Client and shall return the balance of such deposit, if any, free of interest upon the termination of the Online Services.
||The Client agrees to pay for all fees and charges associated with the use of the Online Services, including, without limitation, those of any third party service providers whose services are accessed through the Online Services.
||The Client agrees that he accepts full responsibility for the secrecy and confidentiality of the user identification code and password (collectively, the “Security Information”) issued or to be issued to him by CIMB for the purposes of gaining access to the Online Services. The Client undertakes to safeguard the Security Information provided by CIMB
||CIMB may assume that any person using a Website with the user name and password of the Client is either the Client or is so authorised to act for the Client. In this regard, the Client agrees that no claims shall be made by the Client or on the Client’s behalf in respect of any losses, costs and expense incurred by the Client as a result of such unauthorised usage of Security Information.
||The Client acknowledges that the Online Services are made available to the Client by CIMB on an “as is” and “as available” basis without any representations, warranties, conditions or undertakings of any kind, whether expressed or implied, and confirms that CIMB has not given any such representations, warranties, conditions or undertakings in respect of any part of the Online Services or the reliability or quality thereof.
||No Offer or Solicitation
||The content of the Website(s) shall not be used or considered to be an offer to sell or a solicitation to buy Securities or any other instruments or products from CIMB or its Affiliates. It shall be the Client’s responsibility to ensure that he does not contravene any Malaysian Rules and/or Foreign Rules before using the Online Services or dealing in any product referred to on the Website(s). The Client shall be deemed to have complied with all applicable Malaysian Rules and Foreign Rules when he continues to access the Website(s).
||Provision and Publication of Information
||The Client agrees that CIMB does not guarantee nor warrant the accuracy, completeness, timeliness of any information provided by CIMB through the Online Services and that such information is for the Client’s personal use only and that the Client will not make copies, retransmit, redistribute or republish or resell such information in any form. Without prejudice to the above, any information obtained from the Online Services that purports to provide up to-date information (including but not limited to foreign exchange rates or other quotations or rates) are indicative rates only and may differ from actual prevailing quotations or rates.
||The Client agrees that he cannot delete copyright or other intellectual property rights notices from printouts of electronically accessed information.
||CIMB gives no warranty or guarantee on the authenticity, identity, competence or otherwise of any third party who created, displayed, supplied or transmitted information on or through CIMB and/or the Website(s).
||Disruption, Suspension and Termination of Services
||The Client agrees that CIMB has the sole and absolute discretion to restrict, suspend or terminate the Client’s access to any part of the Online Services without giving reason and/or prior notice to the Client.
||The Client also agrees that use of Online Services may be delayed or affected by:
(a) the failure or interruption of telephone network, computer network or other system that are necessary for the use of
the Online Services;
(b) system maintenance or system upgrades; and
(c) any other event or circumstance beyond the control of CIMB, including but not limited to that in Clause 53.
||The Client must give CIMB seven (7) Market Days’ notice in writing to terminate the Online Services. Such notice to terminate the Online Services shall be deemed to be received by CIMB only upon actual receipt thereof by CIMB and the termination thereunder shall take effect only upon the expiry of the notice given thereunder and shall not release the Client and/or CIMB from fulfilling obligations incurred prior to the notice of termination becoming effective and these obligations shall continue to be governed by these terms and conditions until the receipt of the notice of termination, the expiry of the notice period for termination, or until the full and effective performance or conclusion of such obligations, whichever later.
||Confidentiality and Intellectual Property
||The Client agrees with and covenants to CIMB that the Client shall not:
(a) modify, reproduce or create in any manner any derivative works of the content in, under or to the Website for
use, transmission, distribution or display on the Website or any other websites without CIMB’s prior written
(b) retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information
contained in, on or under the Website in any manner whatsoever without CIMB’s prior written consent; or
(c) use the information contained on the Website for any illegal purposes or in such a manner as to encourage
(a) agrees to keep all information relating to the Services extended to the Client herein (including any reports sent
to the Client by CIMB) secure and confidential and not allow any person to have access to them other than
CIMB’s authorised personnel who require such access to operate the Services extended to the Client herein;
(b) acknowledges that CIMB is the owner of all copyright, designs, logos, trade names, trademarks, service marks
and all other intellectual property (collectively “Intellectual Property”) in, under or to the services extended to
the Client herein, the Website and the content contained in the Website which shall at all times remain vested in
(c) confirms that the Client does not own any Intellectual Property right belonging to CIMB and that nothing in these
terms and conditions nor through the usage of the services extended to the Client herein shall confer any right,
title or interest to the Intellectual Property in the Client’s favour; and
(d) agrees that the Client will not tamper with nor do anything that will infringe CIMB’s rights to the Intellectual
Property and shall safeguard and protect the Intellectual Property at all times.
||Exclusion of Liability from Use of the Online Services
||The Client acknowledges and agrees that CIMB shall not be liable for any direct, indirect, incidental, punitive, special or consequential loss, damages, costs, and charges suffered by the Client or any other party howsoever caused arising directly or indirectly in connection with the Online Services, the Website(s) and/or any electronic instruction