C-I-M-B CREDIT CARDS ELECTRONIC BANKING SERVICES TERMS AND CONDITIONS

This document covers the Terms and Conditions (hereinafter called "Terms and Conditions") concerning the use of your C-I-M-B Credit Cards Electronic Banking facility. For consistency and brevity, the words "I", "my", myself refer to the Customer who is registered/enrolled or is registering/enrolling in Capital Ibra Maslahat Bumiputra Bank's Credit Cards Electronic Banking. The words "Bank", "you", "your" refer to Capital Ibra Maslahat Bumiputra Bank or "C-I-M-B" for short. The word Card or Account refers to the credit card issued by C-I-M-B. The word "Cardholder" refers to the person(s) or juridical entities to whom a card is issued by C-I-M-B.

C-I-M-Bs Credit Cards Electronic Banking services refer to the following:

1. C-I-M-B Credit Cards Online Banking site that can be used to access the cardholders credit card account online using a desktop, laptop or android mobile phones and tablets.
2. Email Statement cardholders monthly Statement of Account which shall be sent to their registered email address.
3. Notification Alerts various notifications related to the cardholders credit card account which shall be sent to the cardholder via SMS or e-mail.

Access to C-I-M-Bs Credit Cards Electronic Banking services may be effected through the use of the services of an independent Internet Service Provider, and is subject to and governed by its own terms and conditions.

C-I-M-B CREDIT CARDS ONLINE BANKING FACILITY

1. I understand that my submission of registration/enrollment information to you does not automatically qualify me to use your Credit Cards Online Banking facility, and is subject to my eligibility as a Cardholder, the eligibility of the credit card account(s) I am enrolling in this facility and to your approval.
2. I agree that registering/enrolling my C-I-M-B credit card number in your Online Banking facility may include, subject to your approval, all accounts linked to that credit card.
3. You reserve the right to decline my registration/enrollment in your Credit Cards Online Banking facility for reasons including, but not limited to, incorrect card number, incorrect mobile phone number, inaccurate or incomplete registration/enrollment information, inoperative email address, unreadable User ID and/or Password, which you are not obliged to inform or notify me about.
4. By registering/enrolling in your Credit Cards Online Banking facility, I warrant that all information provided by me is correct, complete and updated.
5. I acknowledge that granting me the use of your Credit Cards Online Banking facility is subject to its continued operation and my compliance to the Terms and Conditions contained herein.
6. To access my credit card account through your Online Banking facility, I must have a valid User ID and Password that shall serve as my identification for the purposes of the facility.
7. I recognize your ownership of all the information, programs, applications (including any enhancements or modifications), collectively called "software", used in or derived from your Credit Cards Online Banking facility. I agree not to disclose to any other party any information relating to the use and operation of this facility, unless you have willfully made the information public.
8. I agree to use your Credit Cards Online Banking facility solely for its intended purpose only. I agree not to decompile, disassemble, modify, copy, or reverse engineer the software or allow anyone else to do so.
9. I acknowledge that I have sole access and control to the registered/enrolled account(s) through your Online Banking facility. As such, I agree to prevent unauthorized access to such account(s) by safeguarding the login information, which includes credit card number, User ID, login password, and transactional password, by not letting anyone know of my respective ID and password(s) and by taking the necessary steps to prevent anyone from discovering them. Consequently, I assume all risk resulting from any neglectful or improper disclosure of my login information.
10. For the security of my account, I understand that you may lock my access to your Credit Cards Online Banking facility should I fail to provide the correct Password for three consecutive times. A new default Password shall be sent to me via e-mail upon my request via the Credit Cards Online Banking site through the Forgot Password option.
11. The Bank may, in its sole discretion, require me to use a One Time Password (OTP) for selected transactions and shall be sent to me via SMS on my mobile phone.
12. I unconditionally assume full responsibility for all transactions made through the registered/enrolled account(s) with the use of my User ID and Password(s). I also agree that any instruction made in your Online Banking facility through the use of my respective login information shall be conclusively presumed to be done or authorized by me, correct, complete, irrevocable, and binding upon me, without need or obligation for you to verify the authenticity of such instruction.
13. I further agree and undertake to change the Password(s) from time to time as I deem necessary and should I feel that my Password has been compromised, I shall immediately change my Password through the Online Banking's Change Password option subject to your approval.
14. I acknowledge that the continuous non-usage of the Credit Cards Online Banking facility for 180 days shall cause deactivation of my user ID. Re-enrollment to the Online Banking facility is required to regain my access.
15. I agree that you are entitled, at your sole discretion and without liability, to act in accordance with or based on the instructions and/or service requests received via Online Banking that you reasonably believe emanated from me by the use of my User ID and Password(s).
16. I agree that only your own record of transactions maintained through computer systems or otherwise shall be accepted by you as conclusive and shall be binding on you and me for all purposes.
17. I understand that your Credit Cards Online Banking facility is available 24 hours a day and seven days a week, except during system downtime for maintenance, or computer, telecommunication, electrical, or network failure, and/or any other reasons beyond your control.
18. I acknowledge that transactions made through your Credit Cards Online Banking facility shall be subject to your prescribed cut off time, and transactions made after your designated cut off time shall be considered transactions the following banking day.
19. When viewed, my account summary reflects my current balance and the available credit limit of my account, except during system downtime for maintenance, or computer, telecommunication, electrical, or network failure, and/or any other reasons beyond your control.
20. I agree to regularly access and download my Statement of Account via the C-I-M-B Credit Cards Online Banking facility.
21. You reserve the right to verify my identity before approving my request for new password, and to decline my request if I am unable to satisfactorily provide information that would properly identify me.
    1. 21.1 I agree that in case my request for new password has been approved by you, I may receive my new password via e-mail. You shall send the new password to my latest e-mail address as registered in your records.
    2. 21.2 I agree to hold you free and harmless from any and all claims and liabilities and I undertake to reimburse/indemnify you for all such costs, payments, damages and expenses which you may incur or have incurred by not receiving my new password because my e-mail is full or has expired.
22. However, if my account is closed, dormant, garnished, escheated, or for whatever reason, I agree that you may terminate my registration/enrollment without need of prior notice to me.
23. I shall be responsible for all the transactions made in my account(s) until the time of termination. You shall not be liable for any and all remaining scheduled transactions that I set up prior to my request for termination.
24. Once deactivated, I cannot reactivate my User ID, instead I should re-enroll if I wish to regain access to my credit card account online.
25. Re-enrollment to Credit Cards Electronic Banking is at your sole discretion and subject to your approval.

EMAIL STATEMENT OF ACCOUNT

1. I may enroll in your Email Statement of Account service before I receive my Statement via my email address and you have the absolute discretion to reject my request for enrollment without giving any reason or prior notice to me. On the other hand, I agree that if I provide you my e-mail address upon new credit card application or any time thereafter while my account is active, you may automatically enroll me in the Email Statement of Account service without prior notice to me.
2. I agree to view my Email Statement of Account in a timely manner
3. I shall report to you within 20 days from date that my Statement of Account becomes available any discrepancies, omissions, inaccuracies or incorrect entries in the Statement. If you do not receive any such report in writing, the Statement shall be deemed to be true and correct.
4. I shall promptly notify you of any change in my e-mail address.
5. I shall be responsible in keeping my Email Statement of Account confidential.

NOTIFICATION ALERTS

1. I agree to receive via SMS (text message), e-mail or written letter, from time to time, Notification Alerts concerning my credit card account without prior notice to me. These are sent to me for purposes of notification, information, promos and convenience. It shall not assume any additional responsibility or obligation on your part other than the purposes stated.
2. I shall be responsible for the security of my mobile phone, e-mail account or any other device where I may receive the Notification Alerts, and hold you free and harmless against any and all liability pertaining to secrecy laws or regulations should any Alert containing my account information be viewed or accessed by other persons other than myself.
3. I agree that I may receive SMS messages that are not encrypted with my full name and details pertaining to my credit card account.
4. In as much as you are dependent of third party telecommunication service providers, I agree that you do not guarantee the delivery, timeliness and/or the accuracy of the content of these alerts.
5. You reserve the right to terminate your Notification Alerts service at any time without prior notice to me.

GENERAL PROVISIONS

Use of Electronic Mail (E-mail)

1. I agree not to solely rely on electronic mail (or "e-mail") if I must immediately report an unauthorized transaction done using my enrolled account(s), or if I need to notify you immediately of any concern related to my registered/enrolled account(s).
2. I agree that you may opt to respond to us by e-mail with regards to matters relating to my registered/enrolled account(s) or the services covered herein.
3. I further agree that you may communicate with me via e-mail about any subject matter related to my Electronic Banking account or your products and services.

Disclosure of Information

1. I agree that you or your accredited agencies may share, hold and process information relating to me, my address, account(s), business, etc., whether provided by me or coming to your possession.
2. I agree that you may disclose from time-to-time customer information to your other offices and branches, to your subsidiaries and affiliates, and to third parties/vendors such as but not limited to messengers, couriers, credit rating agencies, verification agencies, and marketing agencies engaged by you, as well as in connection with any of the following:
   1. 2.1 At the request of any government or other similar body/authority, such as the BNM or the Bankers Association of Malaysia, having jurisdiction over you or your subsidiary or affiliate;
   3. 2.2 Pursuant to subpoena or other court or legal process(es) in connection with any litigation between me and you or your subsidiary or affiliate, except if I am lawfully contesting the legality of the same;
   5. 2.3 When requested by any other bank/financial institution/; and,
   7. 2.4 When otherwise required to do so in accordance with applicable law.

Limit on Liability

1. You reserve the right to alter the scope and availability of your Credit Cards Electronic Banking facility, and to modify, restrict, withdraw, cancel, disconnect, deactivate, suspend or continue any or all of the services provided by this facility without prior notice to me.
2. You reserve the right, without notice and without stating the reason(s) thereof, to cancel or refuse to execute any of my instructions at any time without incurring any liability whatsoever.
3. You shall not be liable to me for my inability to use your Credit Cards Electronic Banking facility including your website, due to cause beyond your control, such as but not limited to, computer hardware or software problems including bugs and viruses, or related/incidental problems that may be attributed to a third party utility, telecommunications service, or information service provider, or in cases of natural disasters or calamities, fortuitous events, force majeure, and other unforeseen events or emergencies.
4. Upon my agreement with you which I or by any person using my login information conformed online including and without limitation any transfer to a third party maintained with you or upon your receipt of my instruction(s), you reserve the right to treat and deem such instruction(s) as valid, correct, complete, irrevocable, and binding upon me and as such you may implement them at your absolute discretion. You shall neither be liable for such instruction(s) nor be obliged to investigate the authenticity or authority of the persons sending my instruction(s), nor verify the accuracy and completeness of my instructions. I hereby accept full responsibility for all transactions executed via your e-Banking channel and in particular, in ensuring the accuracy and completeness of my instruction(s).
5. I shall be responsible for providing and maintaining an operational and available e-mail address, telephone and/or cellular phone number for you to send communication or notifications to me as necessary. You shall not be liable to me for any undelivered e-mail communication, SMS or "text" message, or any cost that I may incur due to my delayed receipt of or inability to receive your communication or notification through these e-mail, telephone and/or cellular phone facilities. I shall promptly notify you of any change in my e-mail address, contact numbers, or business address or any other information, which may affect communication.
6. I hold you, your subsidiaries and affiliates, as well as any of your officers and representatives free and harmless from any and all claims and liabilities relating to loss or damages I may incur:
   1. 6.1 For inaccurate or incorrect entries, omissions, discrepancies, and unauthorized transaction(s) in my Statement that I did not immediately report to you;
   2. 6.2 For fraudulent transactions or unauthorized access to my account due to my failure to safeguard, or negligent handling of my login information and consequently, for any unauthorized interception or use or mis-sending of data relating to me or to my account(s);
   3. 6.3 For discontinuation or cancellation of my account, subscription, or service coverage due to my bills remaining unpaid due to reasons beyond your control;
   4. 6.4 For malfunctions in communications facilities not under your control that may affect the timeliness or accuracy of the instructions sent;
   5. 6.5 If the instruction(s) I submitted through your Credit Cards Electronic Banking facility is/are not implemented and I fail to verify it and promptly report it to you.
   6. 6.6 For any improper use of such information available to the authorized user/s of the Credit Cards Electronic Banking facility.
7. I acknowledge that certain information and details of the account covered by Republic Act No. 1405 "Secrecy on Deposit Act" will be available to authorized users of the Credit Cards Electronic Banking and that access to these information is fully recognized and authorized by the cardholder.
8. I acknowledge your right to deactivate or de-list me from your Credit cards Electronic Banking facility without prior notice, whether temporarily or permanently, if I fail to comply with your policies and standard operating procedures relating to my account(s), if I fail to show activity in my Credit Cards Online Banking account, or if you deem that my continued access of your Credit cards Electronic Banking facility may adversely affect your system's credibility/security.

Service Charge
You reserve the right to charge fees for the use of your Credit Cards Electronic Banking facility. You also reserve the right to impose new charges and change existing charges within the limits allowed by the law. The rate of such charges, period and method of payment shall be based on your announcement which shall be binding and payable by us if the Electronic Banking facility is still being retained/availed of and/or used after the announcement, whether I have knowledge of the announcement or not.

Applicable /Governing Law
Use of your Credit cards Electronic Banking as well as all accounts registered/enrolled therein shall be governed and be subject to the applicable provisions of Republic Act No. 8792 (E-Commerce Act), the laws of Malaysia and all applicable rules and regulations of the Bank, the BNM and the Bankers Association of Malaysia.

I authorize C-I-M-B to make the necessary verifications, records, reports, submittals and other processes, as well as perform such acts for the purpose of complying with the Anti-Money Laundering Act (Republic Act. No. 9160, as amended), its implementing regulations, and other laws or rules regulating the accounts and I hereby waive my rights under Republic Act No. 1405, as amended, Republic Act. No. 6426 as amended, Section 55.1 of Republic Act no. 8791 and other applicable laws or regulations in this regard.

Waiver of Rights Under the Bank Secrecy Law / Disclosure of Information
I agree to be serviced by third persons/entities engaged by C-I-M-B. Further, I agree and authorize C-I-M-B to make disclosures of information regarding my enrolled account(s) to:

1. Third persons and entities to facilitate implementation of the Bank products, services, facilities and channels; or
2. Such other persons or entities the Bank may deem as having authority or right to such disclosure of information, as and when required by the circumstances, as in the case of the banks participation in any ATM network, electronic fund and/or credit card network.

Severability Clause
Should any of the Terms and Conditions herein be held invalid, the legality and enforceability of the remaining Terms and Conditions shall not in any way be affected or impaired.

Cost and Venue of Suit
In case of any litigation arising from this facility, I shall pay the cost expenses and litigation and attorneys fees equivalent to twenty percent (20%) of the amount involved, or RM100,000.00, whichever is higher. Any legal action in connection herewith shall be filed in the proper courts located in Selangor to the exclusion of all other courts.

Consent to the Terms and Conditions

1. I understand the terms and conditions detailed herein and the corresponding risks entailed in availing the Credit Cards Electronic Banking services.
2. By using your Credit Cards Electronic Banking facility, I accept and agree to be bound by the Terms and Conditions detailed herein, their nature, present and future functionalities and operating features, and to pay any applicable fees associated with the use of the same.
3. I understand that any subsequent enrollment to your Credit Cards Electronic Banking facility shall be covered by the same Terms and Conditions.
4. I understand that all the other Terms and Conditions governing the services offered in your Electronic Banking facility remain in full force and effect.
5. I agree that you may modify, amend, or supplement the Terms and Conditions from time-to-time without prior notice to me. I likewise agree to be bound by any and all laws, rules, regulations and official issuances applicable to your Credit Cards Electronic Banking facility now existing or which may hereinafter be issued or communicated by you through whatever means, as well as such other Terms and Conditions governing the use of other facilities, benefits, or service which you may make available to me in connection with your Credit Cards Electronic Banking facility.
6. I also agree that my continued use of your Credit Cards Electronic Banking facility thereafter shall constitute my acceptance of the modifications and revised Terms and Conditions
7. I agree that the use of your Credit Cards Electronic Banking facility is at my own risk and shall assume all risks, errors, omissions and delays incidental to or arising out of the use of this facility.