TERMS & CONDITIONS OF ACCESS
General
The information, material, content or advice contained in this website does not constitute an invitation to treat or offer to enter into legally binding contract with KFHMB and is provided for general information only.
The information, material, products and services described or offered in this website are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject KFHMB to any restriction within such jurisdiction or country.
The Customer is advised to seek independent legal, financial or other advice as the Customer deems necessary at all times before making any decision based on any such information, material, content or advice. The information, material, contents and services provided in this website may change from time to time at KFHMB's sole discretion.
The Agreement
The Terms and Conditions herein and all supplements, amendments and variations shall collectively constitute the agreement between the Customer and KFHMB, and shall apply to KFHMB Internet Banking Services.
The Terms and Conditions operate in conjunction with the respective terms and conditions and rules and regulations governing the relevant Account(s), which the Customer represents that he has read, understood and agreed to be bound by without qualification or limitation by use of this website or any of its pages.
Disclaimers
The information and materials in this website, including but not limited to services, products, information, data, text, graphics, audio, video, links or other items are provided by KFHMB on an "as is" and " as available " basis. All such materials and information (including text, graphics links or other items) are subject to change without notice at Bank sole discretion.
References to information and material contained in the website include such information and material may provided by third parties. KFHMB shall advise you to visit, telephone, e-mail, fax or write to such parties for more information or to confirm the information contained herein.
KFHMB 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 website, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions. With derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services of KFHMB, reasonable measures will be taken by KFHMB to ensure the accuracy and validity of all information relating to transactions and products of KFHMB.
KFHMB shall not be responsible or liable for any loss caused or damage incurred or suffered by the Customer or any other person as a consequence of using KFHMB Internet Banking Services.
Further, KFHMB does not warrant or represent that access to the whole or parts of the website, the materials, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.
Links
Links from or to websites outside this website are meant for convenience only. KFHMB does not investigate, verify, monitor or endorse the content, accuracy, opinions expressed and other links (if any) provided by such resources as such linked website are owned and operated by third parties and are not under the control of KFHMB. Therefore KFHMB shall not be responsible and makes no warranties in respect of the contents of those websites, the third parties named therein or their products and services.
Furthermore, the links provided in this website to others shall not be considered as an endorsement or verification or approval of such linked websites or the contents therein. Linking to any other site is at Customer sole risk and KFHMB will not be responsible or liable for any damages in connection with linking. It is advisable for Customer to read the privacy policy statements (if any) of any websites which are linked to this website.
Copyright
Unless otherwise indicated, the copyright in the website and its contents, including but not limited to the text, images, graphics, sound files, video files, and their arrangement, are the property of KFHMB, and are protected by applicable Malaysian and international copyright laws. No part or parts of this website may be modified, copied, distributed, retransmitted, broadcasted, displayed, performed, reproduced, published, licensed, transferred, sold or commercially dealt with in any manner without the express prior written consent of KFHMB.
The Customer also may not, without KFHMB's express prior written consent, insert a link to this website on any other website, frame or " mirror" any material contained on this website on any other server.
Any such unauthorised reproduction, retransmission or other copying or modification of any of the contents of KFHMB's website may be in breach of statutory or common law rights which could be the subject of legal action. KFHMB disclaims all liability which may arise from any unauthorised reproduction or use of the contents of this KFHMB's website.
Trademarks
All trademarks, service marks, and logos displayed in this website are the property of KFHMB and/or their respective third party proprietors as identified in the website.
Unless the prior written consent of KFHMB or the relevant third party proprietor of any of the trademarks, service marks or logos appearing on the website has been obtained, no license or right is granted to any party accessing this website to use, download, reproduce, copy or modify such trademarks, services marks or logos. Similarly, unless the prior written consent of KFHMB or the relevant proprietor has been obtained, no such trade mark, service mark or logo may be used as a link or to mark any link to KFHMB's website or any other site.
Exclusion of Liability
KFHMB SHALL NOT LIABLE FOR ANY LOSS OR DAMAGES HOWSOEVER ARISING WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOSS OF PROFITS OR LOSS OF SAVINGS ARISING IN CONNECTION WITH CUSTOMER'S ACCESS OR USE OR THE INABILITY TO ACCESS OR USE THIS WEBSITE (OR ANY THIRD PARTY LINK TO OR FROM KFHMB'S WEBSITE),RELIANCE ON THE INFORMATION, OPINIONS OR RECOMMENDATIONS CONTAINED IN THE WEBSITE , ANY TECHNICAL , HARDWARE OR SOFTWARE FAILURE OF ANY KIND, THE INTERRUPTION, ERROR, OMMISSION, DELAY IN OPERATION, COMPUTER VIRUSES, OR OTHERWISE, WHETHER OR NOT KFHMB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THIS EXCLUSION CLAUSE SHALL TAKE EFFECT TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnity
The Customer will on demand indemnify and keep indemnified KFHMB from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by KFHMB in connection with or arising from (1) Customer's use or misuse of this website and the services provided herein, or (2) Customer's 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 KFHMB in connection with Customer's use of this website.
Termination
KFHMB reserves the right to terminate and /or suspend Customer's access to this website and/or Customer's use of this website at any time, for any reason. In particular, and without limitation, KFHMB may terminate and/or suspend Customer's access should Customer violate any of these terms and conditions, or violate the rights of the KFHMB, of any other user, or of any third party.
The Customer acknowledges that termination will not affect the Customer's liability or obligations in respect of instruction already processed and/or effected by KFHMB on the Customer's behalf.
Miscellaneous
The failure of KFHMB to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect. Any rights not expressly granted herein are reserved.
Change of Terms and Conditions
KFHMB reserves the right to vary, amend or supplement any of the Terms and Conditions by way of notice in such manner as deemed suitable by KFHMB from time to time. Notwithstanding the same, the Customer should able to view the revised Terms and Conditions upon access to KFHMB Internet Banking Services at this website and use of the services thereafter shall constitute the Customer's acceptance to the variations, amendments or supplements.
Law and Jurisdiction
These terms and conditions are governed by and are to be construed in accordance with laws of Malaysia. By accessing this website and/or using the services provided herein by KFHMB, Customer hereby consents to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of relating to the use of this website.
KFHMB makes no representation that the materials, information, functions and/or services provided on this website are appropriate or available for use in jurisdictions other than Malaysia.
The maximum amount of a transaction and the purpose for which it is effected may be determined by Central Bank of Malaysia (BNM) and the laws and regulations of the country in which the transaction is effected or requested.
Reminder: By accessing this website and/or any of its pages you are deemed to have agreed to the terms and conditions set out above.
TERMS & CONDITIONS OF INTERNET BANKING
Definitions
In these Terms and Conditions, unless the context requires otherwise, the following words and expressions shall have the following meaning:
| "Account (s)" | means one or more of Customer's savings, current, KFHMB Card, financing, investment or any other accounts with the Bank which may be accessed through the Internet Banking Services as may be determined by KFHMB from time to time. |
| "Account terms" | means the terms and conditions of the relevant Account(s) which may be accessed through the Internet Banking Services. |
| means Kuwait Finance House (Malaysia) Berhad (No. 672174 T), a company incorporated in Malaysia, having its registered office at Level 26, Menara Prestige, No 1, Jalan Pinang, P.O.Box 10103, 50450 Kuala Lumpur, Malaysia. | |
| "Banking Services" | means products and services of the Bank that are made available to Customer on KFHMB Internet Banking website. |
| "Bill" | means the latest Bill, renewal Notice and/or payment demand received by Customer from a Service Provider and which has to be paid within the time frame stipulated in the Service Provider Bill/Contract. |
| "Business Day" | means any day from Monday to Friday on which the Bank is open for business in Kuala Lumpur, Malaysia, but does not include any public holiday. |
| "Customer" | means the person or persons in whose name(s) the Account(s) is/are maintained with the Bank. |
| "I-PIN" | means the personal identification number given to the Credit Card customer for first time login and registered online to KFHMB's Internet Banking Services. |
| "Internet Banking Services" | means the Banking products and services which Customer may access through the use of a personal computer terminal and modem over the Internet, upon the correct input of Username and Password. |
| "Username" | means a unique name made up of a string of characters chosen by Customer which must be keyed in by Customer in order for Internet Banking Service system to associate the Username with the Customer's user profile and Account(s). |
| "Password" | means a unique string of characters chosen by Customer and known only to Customer and the Bank's computer system, which must be keyed in by Customer in order for Internet Banking Services system to authenticate Customer's Username and grant Customer access to the Internet Banking Services. |
| "Ringgit Malaysia" or "RM" | means the lawful currency of Malaysia. |
| "Service Provider" | means billing corporations approved by KFHMB from time to time and displayed on the Internet Banking Services bill payment screen. |
| "Third Party Accounts" | an account to which the customer wish to make a fund transfer either within the KFHMB or outside the KFHMB. |
| "Terms and Conditions" | means these Terms and Conditions governing the use of the Internet Banking Services. |
| "Transaction Authorization Code (TAC)" | is a security feature that has been implemented to provide second layer of protection for online banking transactions, in addition to your KFHMB Internet Banking Login ID and Password. It is a unique, 6 digit code that needs to be entered for specific online transactions. |
Miscellaneous Interpretation
Words importing the singular shall include the plural and vice versa.
Words importing the masculine gender shall include the feminine and neuter genders and vice versa.
All references to provisions of statutes include subsidiary legislation and all modifications, re-certification and re-enactment of or to such statutes and subsidiary legislations from time to time and for the time being in force.
Any banking term not specifically defined or described herein shall be construed in accordance with the general practice of banks and finance companies in Malaysia. Any term relating to computer technology not specifically defined or described herein shall be construed in accordance with general practice and the custom of trade of computer companies and the information technology industry in Malaysia.
In the event of any conflict in the interpretation of this Terms and Conditions and any translation of the Terms and Conditions in any language, the English version of this Terms and Conditions shall prevail.
1. Application to Subscribe to the Internet Banking Services
| 1.1. | To be eligible to subscribe to Internet Banking Services, Customer must have an existing account with the Bank on the condition of there being one authorised signatory only and the Customer being 18 years and above. |
| 1.2. | The Customer may apply to Internet Banking services subject at all times to the Bank's sole and absolute discretion whether to reject or accept the application. |
| 1.3. | Should the Bank reject the application, the Bank is not obliged to provide any reason for such rejection or to respond to any request for information from the Customer. |
2. Account Terms and Conditions
| 2.1. | Customer's use of the Internet Banking Services are governed by these Terms and Conditions, which are to be read together with the relevant Account Term, the terms and conditions governing the accounts, services and/or products of KFHMB, the Bank's rules and regulations and the rules and regulations of any funds transfer system to which the Bank belongs. |
| 2.2. | Where there is any conflict or inconsistency between these Terms and Conditions and the relevant Account terms, these Terms and Conditions shall prevail to the extent of such conflict or inconsistency. |
| 2.3. | The Customer agrees to properly maintain and comply with the relevant Account Terms and any other rules and/or regulations governing Customer's Account(s). |
3. Acceptance of Terms and Conditions
| 3.1. | The Customer agrees that the first use of the Internet Banking Services by the Customer will constitute your agreement to and receipt of these Terms and Conditions as well as your acknowledgement and acceptance of the inherent risks in conducting any transaction over the Internet. |
| 3.2. | The Customer agrees to use the Internet Banking Services solely as provided by these Terms and Conditions. |
4. Equipment And Network Access
| 4.1. | The Customer, may at his own cost and expense, be responsible for the purchase, cost, installation and operation of the computer equipment, for the software (including internet browser software) used in accessing the Internet Banking Services and for the maintenance of an account with a Network Service Provider to enable Customer to access the Internet Banking Services. |
| 4.2. | The Customer shall be responsible for all telecommunication charges incurred including such subscription charges, fees and other charges imposed by the Network Service Provider and any other third parties. |
5. Access to the Internet Banking Services
| 5.1 | Use by the Customer of the Internet Banking Services at any time and from time to time shall indicate to the Bank, the Customer's acceptance and agreement and continued acceptance and agreement of the provision of the Terms and Conditions and of the risks in conducting any transaction over the Internet. | ||||
| 5.2 | For First Time Login, the Customer will be required to choose a Username and a password and to fill up certain information required for the first time login. Upon the on screen confirmation by the Bank of the Username and password, Customer's access to the Internet Banking Services will be deemed to have been activated. | ||||
| 5.3 | Thereafter, to access the Internet Banking Services, each time the Customer will need to key in:
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| 5.4 | The Customer agrees that the Bank has the right to invalidate their Username and Password without being obliged to offer to the Customer any explanation or any reason thereof or any prior notice and that the Customer will not hold the Bank liable for any loss or damage which the Customer may suffer as a result of such invalidation of Customer Username and Password. |
6. Internet Banking Services
Upon the first time login of the Internet Banking Services and subject to the Customer's maintenance of the relevant Account(s) with the Bank, the Customer will be able to access the following Banking Services:
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7. Authorisation
| 7.1. | The Customer hereby authorises the Bank to comply with instruction(s) given by themselves in respect of the Internet Banking Services including but not limited to authorizing the Bank to withdraw, transfer or otherwise deal with any or all Customer monies in any Account(s), and to deliver, dispose of or deal with any securities, documents or other property of the Customer. |
8. Instructions
| 8.1. | The Customer agrees that any instruction(s) received by the Bank after the successful use of the Customer's Username and password by the Customer or someone purporting to be the Customer to gain access to the Internet Banking Services shall be deemed to have been issued by the customer notwithstanding that such instruction(s) may have been issued by a third party, whether authorised or otherwise. The Customer agrees that such instruction(s) should be binding on the Customer upon their transmission to the Bank. |
| 8.2. | The Customer agrees that the Bank shall be entitled to act on any instruction transmitted after the successful use of their Username and Password, to gain access to the Internet Banking services by the Customer or someone purporting to be the customer or by any third party whether authorised or unauthorised, and the customer agrees that the Bank shall not be liable for any loss which the Customer and/or any third party may incur by the Bank by so doing. |
| 8.3. | The Customer agrees that it is the Customer's responsibility to review regularly the Transaction Record pertaining to any Internet Banking Services transaction initiated on the Customer instruction; the Customer further agrees that the Bank shall not be held liable for any mutilation, interruptions, omission, errors, delay or from its non-receipt or misinterpretation of the Customer instructions. |
| 8.4. | Should the Customer have any reason to believe that an instruction has not been accurately or completely received by the Bank, you shall inform the Bank by telephone immediately and in any case not later than twenty four hours (24) after transmission of the relevant instruction(s) by the Customer himself. |
| 8.5. | The Bank may at its sole discretion, refuse to carry out any of the Customer's instructions where the Customer's instructions are inconsistent with the Bank's policy or any rules or regulations currently in force or for any other reasons. |
9. Availability of Service
| 9.1. | The Internet Banking Service is intended to be available 7 days a week, 24 hours.. However, the Customer must acknowledge that at certain times some or all of the Internet Banking Services may not be accessible due to system maintenance or reasons beyond the control of the Bank. Notwithstanding the above, the Customer must acknowledge that the Bank specifically does not warrant that the Internet Banking Service will be available at all times. |
| 9.2. | In the event that any or all of the Internet Banking Services are not accessible for whatever reason, you agree to use alternative means, including but not limited to KFHMB's Automated Teller Machine or a KFHMB branch, to issue instructions in respect of the Internet Banking Services. |
| 9.3 | The Bank may at any time and from time to time, without prior notice and at its absolute discretion, withdraw any of the existing services or vary or modify its existing services of without assigning any reason thereof and the Customer agrees that the Bank shall not be liable for any loss or damage which the Customer may suffer as a result of the Bank's actions. |
10. Availability of Funds
| 10.1 | The Customer agrees and accepts that the Bank reserves the right to impose such limits and conditions to all the transactions performed by the Customer through the Internet Banking Services as the Bank deems fit from time to time. The Customer further agrees and accepts that the Customer's transactions is limited to such maximum daily limit that may imposed by the Bank from time to time. The Customer shall ensure that the limit shall be observed. |
| 10.2 | In the event that the Customer's account is overdrawn for any reason whatsoever including the exercise by the Bank of its right of set-off or as a result of the Bank executing the Customer's instructions, the Customer shall on demand pay to the Bank the amount of moneys overdrawn and until such payment, the Customer shall abstain from performing any other transaction in the Customer's account through the Bank Services or otherwise. |
11. Account Information
| 11.1 | The Bank does not warrant the accuracy of any information pertaining to your Account(s) as reported through the Internet Banking Services. |
| 11.2 | The Customer acknowledges that any information pertaining to the Customer Account(s) as reported through the Internet Banking Services may not always be completely up to date as there may be transactions and/or instructions which, without limiting the generality of the foregoing, have yet to be processed by the Bank, require verification of the Bank or are in progress. The Customer specifically agrees that the account balance as reported through the Internet Banking Services shall not for any purpose whatsoever be taken as conclusive of Customer's Account balance with the Bank. |
| 11.3 | The Bank will issue the Customer such Statements of Account as agreed in the relevant Account Terms. A Statement of Account will include the Internet Banking Services transactions carried out on the Customer instruction which are relevant to the Customer Account(s). |
12. Bill Payment
| 12.1 | The Bank may at any time and from time to time, without prior notice and at its absolute discretion, withdraw any of the the Service Provider(s) from its list or amend its list of Service Provider(s) without assigning any reason thereof and the Customer agrees that the Bank shall not be liable for any loss or damage which the Customer may suffer as a result of the Bank's actions. |
| 12.2 | The Customer shall adhere to the terms and conditions of each Service Provider (s) with regard to settling of the respective bills. |
| 12.4 | The Customer acknowledges that each Service Provider(s) may have requirements as to the procedures of settling their respective Bills, as to when payment of such Bills are to be effected and the terms applicable to such payments. The Customer hereby agrees to abide by the requirements and terms of each Service Provider(s) in respect of settling their respective bills as may be varied from time to time. |
| 12.5 | Under a situation whereby Customer's account has been debited for the bill payment but KFHMB has failed to forward the payments to the payee corporation on the due date which is beyond the control of KFHMB, the customers shall be liable for whatsoever any losses due to the late payment unless it is due to the negligence on the part of KFHMB. |
13. Fund Transfer
| 13.1 | Funds Transfer instruction where the Customer is transferring funds to either Customer own Account or a third party account maintained with the Bank will be transacted and received by the payee immediately. |
| 13.2 | Funds Transfer instruction where the Customer is transferring funds to a third party account maintained with the Bank shall subject to such limits and conditions as imposed and/or revised by the Bank or relevant authorities at their absolute discretion from time to time. |
14. Customer's Responsibilities for Security
| 14.1 | To prevent unauthorised access and to ensure only the Customer can access and using the services, the Customer should adhere to the following security procedures at all times:
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15. Customer's Confidentiality
| 15.1 | The Customer hereby acknowledges the strict requirement of confidentiality and obligations imposed upon the Bank under the Islamic Banking Act 1983 and undertakes not to do or cause to be done any act or omission which may cause the Bank to breach its strict duty of confidentiality and obligations as aforesaid. The obligations on the Customer herein shall survive the termination and/or expiry of the Terms and Conditions herein. |
| 15.2 | The Customer undertakes to observe all security measures prescribed by the Bank concerning your Internet PIN, Username and Password or generally in respect of the use of the Internet Banking Services. |
| 15.3 | Should the Customer receive any data and information through the Bank's Internet Banking Services which is not intended for the Customer's computer system immediately and that Customer shall notify the Bank by telephone immediately and in any case not later than 12 hours thereof. |
16. Disclosure
| 16.1 | The Customer hereby consents to the disclosure of customer's information made available through Internet or to be made known to KFHMB authorized personnel and within KFHMB, its vendors, agents and service companies that provide support or services for KFHMB products and services for providing more wide range of products and services. |
| 16.2 | The customer hereby consents to the disclosure of customer's information to such person stated herein and as permitted by law. |
| 16.3 | Whilst the Bank will use its best endeavours to ensure that all information transmitted or received using the Bank's Internet Banking Services is secure and cannot be accessed by unauthorised third parties, the Bank does not warrant the security of any information transmitted by the Customer using the Bank's Internet Banking Services. Accordingly, the Customer hereby accepts the risk that any information transmitted or received using the Bank's Internet Banking Services may be accessed by unauthorised third parties and the Customer agree not to hold the Bank liable for any such unauthorised access or any loss or damage suffered as a result thereof. |
| 16.4 | The Customer further agrees that neither the Bank nor any of its officers shall be liable for any loss or damage suffered by the Customer as a result of disclosing, divulging or revealing of any information concerning the Customer Account(s) with the Bank as provided for in item 15.1 above. |
17. Liabilities
| 17.1 | The Customer acknowledges that the Bank makes no warranties or representations of any kind with respect to the Internet Banking Services, whether express or implied, including but not limited to merchantability or fitness for a particular purpose. Neither the Bank nor any other parties involved in the creation, production or delivery of the Internet Banking Services assume any responsibilities with respect to the Customer use thereof. No oral or written information or advice given by the Bank or the Bank's employees shall create a warranty in any way increase the scope of the warranty, and the Customer may not rely on any such information or advice. |
| 17.2 | The Bank shall not be responsible or liable for any loss caused or damage incurred or suffered by the Customer or any other person as a consequence of using the Internet Banking Services. |
18. Proprietary Rights
| 18.1 | The Customer acknowledges that all proprietary rights (including without limitation title, pattern rights and copyrights) in the Internet Banking Services shall at all times vest and remain vested with the Bank. |
19. Fees and Charges
| 19.1 | The Customer acknowledges that the Bank shall be entitled to levy or impose service charges or transaction fees from time to time in respect of the Internet Banking Services rendered to Customer subject to the Bank having given the Customer prior notice thereof. |
| 19.2 | Notwithstanding with item 19, the Customer agrees that they shall remain liable to pay any fees and charges payable to the Bank in accordance with the Account Terms of the Customer Account(s). |
| 19.3 | The Customer acknowledges that they are responsible for all telephone charges incurred in accessing and/or connecting to the Internet Banking Services. The Customer is also responsible for any fees and charges imposed by any Network Service Provider. |
| 19.4 | Subject to the Account Terms, the Customer acknowledges that the Bank reserves the right to debit the Customer relevant Account(s) for any Government charges, stamp duties or taxes payable as a result of the use of the Internet Banking Services. |
20. International Use
| 20.1 | The use of the Internet Banking Services 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 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 | The Customer hereby agrees that they are using the Internet Banking Services at own initiative and are responsible for Customer compliance with local laws. |
21. General
| 21.1 | The Customer hereby agrees that the Bank's record and any records of the instruction, communications, operations or transactions made or performed, processed or effected through the Bank's Internet Banking Services by Customer or a person purporting to be the Customer with or without the Customer consent or any record of transaction relating to the operation of any of the Bank's Internet Banking Services shall be binding and conclusive evidence of the transaction and the Customer liability to the Bank. |
| 21.2 | The Customer agrees that the Bank has the sole and absolute right to require the Customer to maintain a minimum balance at any one time in the Customer's Account(s). The Customer failure to maintain such minimum balance as required by the Bank could at the Bank's discretion result in a penalty being imposed against the Customer or lead to a suspension or termination of the Internet Banking Services. |
| 21.3 | Any instructions transmitted by the Customer after the relevant cut-off time on any day will be posted in the books and records of the Bank on or for the next business day following the date of instruction. |
| 21.4 | The Customer shall not be entitled to use the Internet Banking Services, if there exists any restrictions whatsoever on the Customer Account(s) either imposed by the Bank or by the relevant authorities. |
22. Termination of Services
| 22.1 | Notwithstanding anything herein to the contrary, the Bank may at any time, in its absolute discretion suspend or terminate your right of access to the Internet Banking Services or any portion of it without notice and without any obligation to give any reasons therefore or for any reason whatsoever. |
| 22.2 | The Bank is entitled to terminate the Customer's right of access to the Internet Banking Services should the Customer cease to maintain any Account(s) with the Bank which can be accessed via the Internet Banking Services or should the Customer access to such Account(s) be restricted by the Bank or any other party for any reason. |
| 22.3 | The Customer may terminate the Internet Banking Services by giving prior written notice to the Bank. The Internet Banking Services will be cancelled within seven (7) days from the date of the Bank's receipt of the said notice of termination and the Customer hereby agree not to use the Internet Banking Services and further agree that the Bank shall not be obliged to effect any of the Customer instructions received on any day falling after the receipt of the Customer notice of termination. |
| 22.4 | The Customer acknowledges that termination will not affect the Customer's liability or obligations in respect of instructions processed by the Bank on the Customer's behalf. |
23. Indemnity
| 23.1 | The Customer agrees to indemnify and keep the Bank indemnified from and against any and all claims, losses, liabilities, cost and expenses (including but not limited to any legal fees) arising directly or indirectly or which may arise out of the Customer's breach or violation of these terms and conditions or any third party rights or the Customer use purported use of the Internet Banking Services or due to the delay and/or failure of such Internet Banking Services. This obligation to indemnify the Bank shall survive the termination of this service. |
24. Waiver
No failure or delay on the part of the Bank in exercising nor any omission to exercise any right, power, privilege or remedy provided in the Terms and Conditions shall constitute a waiver or acquiescence of such default which shall effect or impair any right, power, privilege or remedy herein.
25. Severability
The Customer agrees that if any of the Terms and Conditions become invalid, illegal, or unenforceable pursuant to any law, then the validity, legality and unenforceability of the remaining provisions shall not in anyway be affected or impaired.
26. Variations of Terms and Conditions
| 26.1 | The Bank reserves the right to add, amend, delete or vary any of these terms and conditions by way of notice as deemed suitable by the Bank from time to time. |
| 26.2 | Notwithstanding the same, the Customer should be able to view the revised Terms and Conditions upon access to the Internet Banking Services and use of the services thereafter shall constitute the Customer's acceptance to the variations, amendments or supplements. |
27. Successors Bound
The Terms and Conditions herein shall be binding upon the heirs personal representatives executors and successors in title or the Customer and on the successors in title, assigns of the Bank or of any company by which the business of the Bank may from the time being be carried on, and the Customer shall not be entitled to assign any of the Customer's rights or obligations under the Terms and Conditions herein unless with the express prior written consent of the Bank
28. Notices
| 28.1 | The Customer hereby consents to all notices and other communications which concern the Internet Banking Services or are required under these Terms and Conditions or may be given by the Bank in any on one of the following manners:-
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| 28.2 | All notices to the Bank concerning the Internet Banking Services and these Terms and Conditions shall be in writing, signed by the Customer and sent to the Bank at the following address or in such other way as the Bank may notify the Customer from time to time:
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29. Dispute and Enquiries
| 29.1 | Should there be any enquiries or require any assistance, please refer to our Contact Centre at 1300 888 534. In addition, the Customer is advised to review our Privacy, Security and Client Charter in this website. |
| 29.2 | In the event that the Customer has any complaints and/or disputes arising from the Internet Banking Services and these Terms and Conditions, please refer the matter to the Bank at the address stated in item 28.2 above and specifying the nature of your complaint and/or dispute. The parties hereby agree to try to settle the matter amicably. |
30. Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the Laws of Malaysia. Any dispute arising in respect of the Internet Banking Services and these Terms and Conditions, which cannot be resolved in the manner specified in item 29.2 above, shall be referred to the Courts of Malaysia situated in Kuala Lumpur. Reminder: By accessing this website and/or any of its pages you are deemed to have agreed to the terms and conditions set out above.
Thank you for choosing KFHMB.