AMBANK ONLINE BANKING (for retail banking customers only)

THESE TERMS AND CONDITIONS APPLY TO YOUR ACCESS AND USE OF THE AmBank Online Banking SERVICE, AmBank Online Banking SERVICE IS PROVIDED BY AmBank (M) Berhad (8515-D)AND AmBank Islamic Berhad(295576-U) (“the Bank”) AND LOCATED AT WWW.AMBANKGROUP.COM.

 

PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS. BY ACCESSING AND/OR USING THE AmBank Online Banking SERVICE YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO MADE FROM TIME TO TIME.

 

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS AND/OR USE OF THE AmBank Online Banking SERVICE.

 

DISCLAIMER - NO WARRANTY

 

Although the Bank endeavors to ensure the accuracy and validity of all information relating to the transactions and the Bank's products and services, please note that the AmBank Online Banking Service is provided "as is" and "as available", without any warranty of any kind, either express, implied or statutory. The Bank specifically disclaims any warranty of Merchant ability or fitness for a particular purpose, warranty of title, non-infringement of intellectual property rights or third party rights. You are advised to evaluate and ensure that the quality of the products and/or services accessed or purchased through the AmBank Online Banking Service meet with your expectation. The Bank shall not be responsible for any electronic virus (es) or worm(s) that you may encounter from use of the AmBank Online Banking Service.

 

To the fullest extent permitted by law, the Bank does not warrant that the AmBank Online Banking Service will be provided uninterrupted or free from errors or that any identified defect will be corrected and that the information on the AmBank Online Banking Service is accurate, complete, timely or reliable. The Bank expressly disclaims liability for any delays, errors or omissions in the transmission of Content (as hereinafter defined).

 

LIMITATION OF LIABILITY

 

Under no circumstances and under no legal theory, tort, contract, or otherwise, shall the Bank or AmBank Group be liable to you or any person for any direct or indirect, special, incidental, or consequential damages of any character, including and without any limitation, loss of goodwill, loss of use, profits, work stoppage, computer failure or malfunction, or any and all commercial damages or losses that arise by accessing and/or using the AmBank Online Banking Service. Your sole remedy, financial or otherwise, for any damage or claim arising out of any defect with the use of the Service shall be limited to the Bank reprocessing the affected data or transaction at no cost to you.

 

 

 

 

 

 

 

1.            GENERAL

 

These Terms and Conditions shall be read alongside any additional terms and conditions governing any product or service provided by the Bank. In the event of conflict, these Terms and Conditions shall prevail.

 

Upon registration for the AmBank Online Banking Service you shall be automatically enrolled for the Contact Centre Service.You shall be bound by the Contact Centre Service terms and conditions which is reproduced at the end of these Terms and Conditions.

 

THE CONTENT OF THE AmBank ONLINE BANKING SERVICE IS SUBJECT TO CHANGE AT THE DISCRETION OF THE BANK.

 

NOTHING ON THE AmBank ONLINE BANKING SERVICE IS TO BE CONSTRUED AS AN OFFER OR SOLICITATION TO SELL OR BUY SECURITIES OR OTHER FINANCIAL INSTRUMENTS, OR AS ADVICE OR RECOMMENDATION WITH RESPECT TO SUCH SECURITIES OR OTHER FINANCIAL INSTRUMENTS.

 

THE AmBank ONLINE BANKING SERVICE IS INTENDED FOR ACCOUNTHOLDERS OF THE BANK OF THE AGE OF 18 YEARS AND ABOVE.

 

2.            DEFINITIONS

                                

2.1          The following terms and expressions shall have the following meanings unless otherwise defined:

 

"Account" means any one or more accounts held with the Bank including but not limited to your savings/savings-i, current/current-i, credit card/card-i or debit card account or such other accounts as may be determined by the Bank from time to time.

 

"Access Device" means personal computer, or mobile phones and any other such devices that connect you to the Internet.

 

"Alliances" means participating merchants or Payee Corporations or any other entity whose products, services or information are made available by the Bank.

 

                                "Contact Centre Service” means the phone banking service made available by the Bank.

 

"AmBank Online Banking Service" or "Service" means the online banking service(s) of AmBank Group made available by the Bank.

 

"AmBank Group" means collectively all of the following entities:

 

(i) AMMB Holdings Berhad (Company No: 223035-V); and

(ii) All the Related Corporations and Associate Corporations (as defined in Companies Act 1965) of AMMB Holdings Berhad (Company No: 223035-V); and

(iii) All the Related Corporations and Associate Corporations (as defined in Companies Act 1965) of the Bank.

 

Whether incorporated inside or outside Malaysia, existing now or in the future and reference to ‘AmBank Group’ in this Agreement shall include all or any entity within the AmBank Group;

 

"The Bank" means AmBank (M) Berhad (Company No. 8515-D) and AmBank Islamic Berhad (Company No. 295576-U).

 

"Banking Services" means the products and services of the Bank as are made available to you on the AmBank Online Banking Service.

                 

"Bill Payment Service" means the services made available by the Bank to you for payment of Bills.

 

"Bills" shall mean bills issued by the Payee Corporation for the use or purchase of goods or services by you from the Payee Corporation.

 

“The Card” refers to i) AmBank (M) Berhad MasterCard or VISA card(s), ii) AmBank Islamic Berhad MasterCard or VISA card(s) (iii) MasterCard or VISA Prepaid Card including co-branded MasterCard or VISA Prepaid Card which has been issued in affiliation or association with any third party or under any product or select name or reference, and iv) any other forms of card(s) issued by the Bank to the Cardmember which is to be used as the instrument to operate the Card Account.

 

“Cardmember” refers to the person who has applied and is issued with a Card bearing his name.

 

“Content" shall mean proprietary and non-proprietary information and works of text, hypertext, music, voice, video, multi-media work or art for promotional, educational, informational and/or entertainment purposes made available on the AmBank Online Banking Service.

 

“GST” means any tax payable on the supply of goods, services or other things in accordance with the provisions of the GST Law.

 

“GST Law” means the Goods and Services Tax Act 2014 subsidiary legislations, statutory orders and regulations governing the application of GST, as amended from time to time.

 

"Internet" means the worldwide network of computer networks that use the TCP/IP network protocols to   facilitate data transmission and exchange.

 

"Instruction(s)"means any request or instruction to the Bank effected by use of a valid Login ID and Password

 

"Internet Service Provider" means, the interactive dial-up access to the internet service provider's connection to the Internet, the provision of World Wide Web data and the incidental storage of data.

 

"Login ID" means a unique name made up of a string of characters chosen by you in order for the AmBank Online   Banking Service system to associate the Login ID with your profile and Account(s).

 

“MasterCard/VISA Agreement” refers to the agreement entered between the Cardmember and the Bank whereby the Cardmember is issued with the Card by the Bank upon the terms and conditions therein as well as the terms and conditions as contained in the Bank’s application form signed and submitted by the Cardmember to the Bank when applying for the issuance of a Card and such other terms and conditions supplemented or amended from time to time.

 

"Password" means a string of characters, chosen by you and stored in the Bank's computer system in an encrypted form, which must be keyed in by you in order for the  Bank's system to authenticate your Login ID to grant you access to the AmBank Online Banking Service.

 

                                "Payment Date" means the date selected by you for payment to be made.

 

"Payee Corporation" means corporations approved by AmBank Group from time to time for the Bill Payment   Service and displayed on the AmBank Online Banking Service bill payment screen.

 

"Terms and Conditions" means these terms and any amendments and/or variations thereto for access and/or use   of the AmBank Online Banking Service.

                

"Transaction Cut-Off Time" means 11p.m. on any Working Day, unless indicated otherwise on this Web Site.

 

"Valid Tax Invoice" means an invoice containing the elements of a tax invoice as required under the GST Law.

 

"Web Site" means this web site located at URL: www.ambank.com.my

               

"Working Day" means a day when the banks are open for business and shall exclude Saturday, Sundays and public holidays.

 

2.2          References to 'persons' shall include companies, corporations and individuals.

 

2.3          References to 'you', 'your' and 'yours' are references to customers of the Bank and AmBank Group to whom the Bank has agreed to provide the AmBank Online Banking Service which includes individuals and joint-accountholders.

 

2.4          Words importing the singular shall include the plural and vice versa.

 

2.5          Any banking term not specifically defined or described herein shall be construed in accordance with the general practice of the banks and financial institutions in Malaysia. Any term relating to computer technology not specifically defined or described herein shall be construed in accordance with the general practice and the trade of computer companies and the information technology industry in Malaysia.

 

2.6           In the event of any conflict in the interpretation of this Agreement and any translation of the Agreement in any language, the English version shall prevail.

 

3.            ELIGIBILITY FOR INTERNET BANKING SERVICE

                                

3.1          The AmBank Online Banking Service is only available to accountholders of the Bank  of the age of 18 years and above who hold existing Account(s) that can be operated with no more than one signatory.

 

3.2          The Bank reserves the right to reject or accept any application for the Service at its sole and absolute discretion. Where the Bank rejects an application, it shall not be obliged to provide any reasons or explanation for such a rejection.

 

4.            APPLICATION

                                

4.1          You should read all terms and conditions, rules and/or regulations attached to each application form for each product and/or service that you wish to apply for.

 

5.            YOUR LOGIN ID AND PASSWORD

                                

5.1          By using the AmBank Online Banking Service you hereby warrant and undertake that you shall keep your Login ID, Password and Account(s) information confidential at all times. If your Login ID and/or Password has been compromised, misused, is lost or stolen, or if you suspect that someone has transferred or may transfer money from your  Account(s) without your permission, or if you suspect any fraudulent activity on your Account(s), you are required to notify the Bank immediately using the contact information provided below followed by written confirmation. You shall not be liable for transactions entered into after the Bank has received such notice.

 

5.2          In the case of joint account holders, a separate Login ID and Password shall be used by each joint accountholder.

 

5.3          In the event one of the joint accountholders loses his or her Login ID or Password, the Bank shall remain authorised to carry out any of the Instruction(s) issued by the remaining joint accountholder(s) through the AmBank Online Banking Service.

 

5.4          The Bank reserves the right to suspend and/or revoke the use of your Login ID and Password at any time subject however to the Bank having given you notice as soon as reasonably practicable. The Bank shall not however be required to provide any reasons for such suspension or revocation.

 

5.5          The Bank shall not be liable for any loss or damage in the event of any unauthorised use or access to your Login ID and Password under any circumstances save and except if such loss or damage is directly caused by the Bank's gross negligence or intentional misconduct.

 

6.            SECURE MESSAGES

                                

6.1          The AmBank Online Banking Service provides you with a secure messaging system for you to ask questions and/or give comments about the AmBank Online Banking Service and for the Bank to give you the necessary notices. This messaging system is accessible to you after you sign on with your Login ID and Password to a secure session of the Service.

 

6.2          You may also use the secure messaging system to instruct the Bank to perform certain non-financial services such as notifying a change of address. However, to ensure security of your Account(s) information, the Bank recommends that you use only the secure messaging system when asking questions and/or giving comments.

 

6.3          You cannot use the secure messaging system to give Instructions to initiate transactions on your Account(s). For transactions please use the appropriate functions within the AmBank Online Banking Service.

 

7.            BILL PAYMENT SERVICE

                                

7.1          The Bill Payment Service requires sufficient time for your Payee Corporation to receive your payment and credit your account properly. To avoid incurring charges, you should schedule your payments sufficiently in advance of the due date of your payment.

 

7.2          The Bill Payment Service shall only be used for the purpose of settling Bills to the Payee Corporation(s). The Bank shall not be liable for any disconnection or disruption in the supply of services or purchase of goods to you from the Payee Corporation. You are advised to contact the Payee Corporation(s) should you experience any such disconnection or disruption.

 

7.3          The Bank may at any time, at its sole discretion, vary the list of Payee Corporations or withdraw any Payee Corporation from the list without providing any reason and the Bank shall not be liable for any loss or damage which you may suffer as the result of this. In the event the Payee Corporation list is varied, the Bank shall inform you accordingly by way of a message broadcast through the AmBank Online Banking Service secure messaging system.

 

8.            THE CARD

                                

8.1          The issuance of the Card by the Bank to the Cardmember and the use of the Card on the Internet by the Cardmember shall be subjected to the terms and conditions of the Card.

 

8.2          For the purpose of this clause, all words and expressions shall have the same meaning as that in the terms and conditions of the Bank’s MasterCard /VISA Agreement.

 


9.            RECURRING PAYMENTS/TRANSFERS OF FUNDS TO ACCOUNTS WITHIN THE BANK

                                

9.1          By using this feature on the AmBank Online Banking Service, you hereby request and authorise the Bank to make the recurring payments/transfers to either your own Account(s) or to a third party account, maintained by the Bank and debit your Account(s) with the amount, or equivalent thereof, inclusive of any charges thereof.

 

9.2          All requests for recurring payments/transfers shall be processed on the Payment Date. Although the Bank will endeavor to effect such recurring payments/transfers it accepts no responsibility to make the same, and accordingly the Bank shall not incur any liability through or by omission to follow any such Instruction(s).

 

9.3          You have the right to stop your request for recurring payment/transfer, on any Working Day before the Payment Date.

 

9.4          The Bank may at its discretion cancel your request for recurring payments/transfers at any time by notice in writing to you. After receiving your request that no further payment is required, the Bank may without notice thereafter cancel your request for recurring payments/transfers at any time.

 

9.5          Your request for recurring payments/transfers shall continue notwithstanding your death or bankruptcy or such revocation of the recurring payment/transfer by any other means until and unless notice of your death, bankruptcy or such revocation is received by the Bank.

 

9.6          The Bank may levy a non-refundable charge for each recurring payment/transfer request notwithstanding that the recurring payment/transfer could not be effected due to your Account(s) having insufficient funds.

 

9.7          In the event the recurring payment/transfer cannot be made due to insufficient funds in your Account(s), the Bank shall not be liable for not effecting the recurring payment/transfer for the Payment Date concerned. You are required to make alternative arrangements to effect the rejected requests for recurring payment/transfer concerned.

 

10.          INTERBANK GIRO

                                

10.1        By using this service, you hereby request and authorise the Bank through your Instruction(s) to debit your Account(s) with a specified amount of funds (inclusive of any service charges levied by the Bank for the use of this service) and to transfer such specified amount less the said service charges to either your account(s) or to a third party account maintained with any one of the participating financial institutions as may be determined by the Bank from time to time. The amount specified (inclusive of the service charges levied) must not exceed the limit per day as set out in this Web Site for the Interbank GIRO, which limit shall be determined by the Bank and may be varied from time to time at its absolute discretion.

 

10.2        Notwithstanding Clause 12.4 herein, the Transaction Cut-Off Time for the Interbank GIRO services shall be 12.30 pm on a Working Day. Instruction(s) received after 12.30 pm on a Working Day or on a Non-Working Day shall be processed on the next Working Day. For the purposes of these services, Non-Working Day is herein defined as Saturdays, Sundays and Federal Territory Public Holidays.

 

10.3        Although the Bank shall endeavor to process all Instruction(s) received, it accepts no responsibility for doing so and accordingly, the Bank shall not incur any liability through or by its omission to follow any Instruction(s). You hereby acknowledge and agree that the Bank shall not be responsible or liable for any delay, error or failure to effect the funds transfer where the other financial institutions to which the funds transfer is to be made has delayed, rejected, refused or is otherwise unable to accept such funds transfer. In the event this occurs, the Bank shall immediately or as soon as practicable inform you of such fact.

 

10.4        The Bank hereby reserves the right to make any additions, modifications, deletions or variations to these terms and conditions governing the Interbank GIRO at its sole discretion with notification to you.

 

11.          PREPAID TOP UP SERVICE

                  

11.1        The Prepaid Top Up Service shall only be used for the purpose of reloading or purchasing prepaid products provided by the Service Provider(s) via the Bank.  The Bank shall not be liable for any problem or disruption to your mobile connection due to the prepaid products provided by the Service Provider(s).

 

11.2        The Bank may at any time, at its sole discretion, vary the list of Service Provider or withdraw any Service Provider from its list without providing any reason and the Bank shall not be liable for any loss or damage which you may suffer as the result of the same. In the event of variation to the Service Provider’s list, the Bank will provide notification to that effect through the AmBank Online Banking Service.

 

11.3        Prepaid Top Up Service for PIN less Products as listed in the AmBank Online Banking Service will be done automatically to your mobile phone as per your purchase request.

 

11.4        Any purchase request send to the Bank by you shall be deemed correct and you are liable for the said purchase request.

 

11.5        No refund is allowed once the transaction is successfully charged* to your card or deposit accounts based on the purchase request.

 

*Note: PROVIDED THAT in the event the mobile number provided by you is invalid prepaid number and Prepaid Top Up Transaction cannot be effected, you may provide another mobile number (shall be considered as the final and accurate mobile number) for the Prepaid Top Up Service to be effected (“Replacement Number”). No refund shall be allowed once the transaction is successfully charged based on the Replacement Number.

 


12.          INSTRUCTIONS

                                

12.1        You hereby agree that any Instruction(s) from you is an authorisation for the Bank to rely and act upon your Instruction(s).

 

12.2        Instruction(s) will only be accepted by the Bank if it has been affected through the AmBank Online Banking Service using an appropriate Login ID and Password. However, the Bank shall not be liable for any loss which you and/or any third party may sustain from the Bank's acting on such Instruction(s), whether given by you or someone purporting to be you, authorised or unauthorised.

 

12.3        Any one of the joint accountholders may issue Instructions through the AmBank Online Banking Service and authorise the Bank to effect any transactions on the Account(s).

 

12.4        Notwithstanding anything stated herein, Instructions given before the Transaction Cut-Off Time on a Working Day will be processed the same day. All Instructions given after the Transaction Cut-off Time on a Working Day or on a day that is not Working Day, will be processed the next Working Day.

 

12.5        The Bank reserves the right, without having to assign any reasons, to refuse to act on any Instruction(s) given to the Bank.

 

12.6        Your Instruction(s) shall be deemed received by the Bank upon issuance of a reference number on the confirmation page. For records of your dealings with the Bank and for subsequent verification, you should print a copy of the confirmation page for all transactions affected through the AmBank Online Banking Service.

 

12.7        Any Instruction(s) given by you shall be deemed irrevocable and binding on you upon submission.

 

12.8        Should you have any reason to believe that an Instruction(s) has not been accurately or completely received by the Bank, you shall inform the Bank by calling the Contact Centre immediately or in any other case no later than twenty-four (24) hours after transmission of the relevant Instruction(s) by yourself. The Bank's contact information is provided below.

 

13.          INTERNET BANKING TRANSACTION RECORDS

                                

13.1        You agree that the Bank's records shall be conclusive evidence of your dealings with the Bank in connection with the AmBank Online Banking Service.

 

13.2        You hereby agree not to object to the admission of the Bank's records as evidence in any legal proceedings on the basis that such records are not originals, are not in writing or are documents produced by a computer.

 


14.          DISCLOSURE OF INFORMATION

                                

Where the Bank needs to pass information to other financial institutions or to any of the Bank's Alliances in order to execute your Instructions, you shall authorise the Bank to transmit and store information about you and your Account(s) to provide these third parties with such information.

 

You shall further authorise the Bank to disclose such information to any entity within the AmBank Group to enable the cross selling or servicing of AmBank Group's products and services to you.

 

However if you are not agreeable to sharing your information for the purposes and/or to the parties stated in these Terms and Conditions, the Bank advises you to cease using the AmBank Online Banking Service immediately.

 

You hereby agree and understand that the Bank, or any third party to whom the Bank has transmitted information about you or your Account(s), may disclose this information if required or authorised by law to do so.

 

15.          FEES AND CHARGES

                                

You acknowledge that the Bank shall be entitled to levy or impose service charges or transaction fees and/or to vary such fees from time to time in respect of the AmBank Online Banking Service rendered to you, subject to the Bank having given you prior notice of 21 calendar days.

 

Subject to such prior notice, you hereby authorise the Bank to debit your account with such fees, commissions and charges.

 

You are liable for any telephone charges and any charges made by your Internet Service Provider as a result of the use by you of the AmBank Online Banking Service.

 

Unless expressly stated otherwise in this Agreement, the parties agree that the Fee and any other monies payable under this Agreement are inclusive of goods and services tax (“GST”) as may be applicable under the provision of the GST Law.

 

16.          LIMITS ON TRANSACTIONS AND ACCOUNT INFORMATION

                                

The Bank is entitled to set limits on transaction(s) performed by you through the AmBank Online Banking Service. The limit(s) set by the Bank may be varied from time to time and the Bank shall inform you accordingly of such changes. Notwithstanding the limit(s) set by the Bank, you can choose to set a lower limit for transactions carried out on your Account(s) through the Service, in which case the lower limit set by you shall prevail.

 

You agree to adhere to the limit(s) set by the Bank or by yourself for all transactions.

 

While the Bank takes reasonable steps to ensure that any information pertaining to your Account(s) obtained through this Service is up to date, you hereby acknowledge and agree that such information may not be up to date as there may be Instruction(s), transactions and/or charges incurred which have yet to be processed by the Bank or are in the process of being processed.

 

17.          ERRORS AND QUESTIONS

                                

17.1        In case of errors and questions about your Account(s), transactions, payments or electronic payments, you can contact the Bank to lodge a complaint by using the contact information available below. The parties hereby agree to try to settle the matter amicably.

 

 

18.          TERMINATION OR SUSPENSION OF SERVICES

                                

18.1        Your use and access to this Web Site and/or the AmBank Online Banking Service may be terminated or suspended whether in part or whole by the Bank at any time subject however to the Bank having given you notice as soon as reasonably practicable.

 

18.2        Where you fail to maintain any Account(s) with the Bank or for any other reason deemed fit by the Bank, the Bank shall be entitled to suspend or terminate your right of access to the AmBank Online Banking Service.

 

18.3        You may terminate your use and access to the AmBank Online Banking Service by giving the Bank 14 days prior written notice. Upon doing so, you agree not to thereafter use the AmBank Online Banking Service and you further agree that the Bank shall not be obliged to effect any Instruction(s) received on any day falling after receipt of your notice of termination.

 

19.          LIABILITIES

                                

19.1        You shall be responsible for and liable for any loss or damage suffered by the Bank as a result of any breach of any of the Terms and Conditions in this Agreement by you.

 

19.2        While the Bank takes reasonable steps to ensure that any information pertaining to your Account(s) obtained through this Service is up-to-date, the Bank makes no representations or warranties that the information available on or about your Account(s) through the AmBank Online Banking Service will be accurate or up to date.

 

19.3        You shall be solely responsible for the purchase, installation, maintenance and operation of Access Devices.

 

19.4        Under no circumstances and under no legal theory, tort, contract, or otherwise shall the Bank and AmBank Group be liable to you or any person for any direct or indirect, special, incidental, or consequential damages of any character, including and without any limitation, damages for loss of goodwill, loss of use, data, profits, work stoppage, computer failure or malfunction, or any and all commercial damages or losses that arise by accessing and/or using the AmBank Online Banking Service where any one of the following circumstances occur:

                                                

•             where the Bank has reason to doubt the authenticity of the Instruction(s). In such an instance, the Bank  is under no obligation to furnish reasons for exercising its discretion not to act on the Instruction(s);

 

•             where the Bank is required by law to prohibit withdrawals from your Account(s);

 

•             where your Account(s) is frozen or closed;

 

•             where you are unable to access or use the AmBank Online Banking Service or any hyperlinked web sites;

 

•             the use or reliance of the Content of the AmBank Online Banking Service (and/or any hyperlinked web sites);

 

•            where you fail to provide necessary and/or accurate information or Instruction(s) for the performance or completion of transactions;

 

•            where there is a system, server or connection failure, error, omission, interruption, delay in operation or transmission, or computer virus, malicious codes, trojan horses or corruption or delay in performance or non-performance of any obligation of the Bank herein due to any cause beyond the control of the Bank including but not limited to technical breakdown, strikes or other industrial action or communications or power failure;

 

•            where you fail to maintain sufficient funds in your Account(s) to perform any Instructions given by you;

 

•            where there is an inability to perform any transactions due to limits set by the Bank or by yourself;

 

•            where you fail to follow the current instructions, procedures and directions for using the AmBank Online Banking Service;

 

•            where there is any loss or damage caused by third parties or any circumstances beyond the Bank reasonable control;

 

•            where there are errors, alterations or destruction of any Instruction(s), data or information transmitted through the AmBank Online Banking Service;

                                

•             where you encounter any electronic virus (es) or worm(s);

 

•             where there is a failure or delay caused by the browser software or by any Internet Service Provider or any other software provider(s); and

 

•             where there are any other circumstances beyond the reasonable control of the Bank.

 

19.5        Your sole remedy, financial or otherwise, for any damage or claim arising out of any defect with the use of the Service shall be limited to the Bank reprocessing the affected data or transaction at no cost to you.

 

20.          RIGHT TO SET-OFF

                                

20.1        The Bank may at any time, with notice to you as soon as reasonably practicable and in the manner the Bank deems fit, set-off from your Account(s) or any other accounts maintained by you with AmBank Group, any amount(s) where you have incurred as liability to the Bank, whether arising out of the Terms and Conditions set out herein or pursuant to any transaction(s) executed with the Bank or by operation of law.

 

20.2        The Bank shall not be liable for any damage, loss or expense suffered by you as a result of the Bank exercising its rights hereunder and you agree to hold the Bank harmless from any claim arising from the Bank exercising its right to set-off.

 

20.3        The Banks' right hereunder shall not be affected by your death, bankruptcy, insolvency or if legal process is levied against you.

 

21.          INTERNATIONAL USE

                                

21.1        The use of the AmBank Online Banking Service outside of Malaysia is subject to the Exchange Control Regulations of Bank Negara Malaysia or any fiscal or exchange control requirements operating in the country where the transaction is effected or requested; and the laws and regulations of Malaysia and the country where the transaction is effected or requested.

 

21.2        The maximum amount of a transaction and the purpose for which it is effected may be determined by Bank Negara Malaysia and the laws and regulations of the country in which the transaction is effected or requested.

 

21.3        You hereby agree that you are using the AmBank Online Banking Service at your own initiative and are responsible for your compliance with all applicable laws and regulations.

 

22.          ASSIGNMENT, MERGERS AND/OR ACQUISITIONS

                                

22.1        You hereby agree that the Bank shall be entitled to assign the rights and obligations under this Agreement to any member of AmBank Group.

 

22.2        You acknowledge and consent that the obligations created by this arrangement shall continue to be valid and binding for all intents and purposes notwithstanding any merger, acquisition, reconstruction, amalgamation or otherwise which may be made in the Bank whether or not resulting in the change of name in the new entity.

 


23.          COPYRIGHT AND TRADEMARK NOTICES

                                

23.1        All ownership rights, copyright, trademarks and other intellectual property rights attaching to, contained or vested in this Service and all Content, data, information, details, materials, literature, manuals or graphics contained in this Service are properties of the Bank and AmBank Group unless otherwise indicated. The Bank strictly prohibits any use of any of its aforesaid rights in any manner whatsoever without its express prior written consent.

 

23.2        Copying, reverse engineering, automated browsing, downloading, commercial exploitation of the Content available on this Service is prohibited, except when it is explicitly permitted by the Bank.

 

23.3        All intellectual property rights, design and contents of this Service shall belong to the Bank other than those intellectual property rights of vendors or Alliances who have permitted the Bank usage and reproductions of the Content on this Service.

 

24.          DISCLAIMERS

                                

24.1        Although the Bank endeavors to ensure the accuracy and validity of all information relating to the transactions and the Bank's products and services, please note that the AmBank Online Banking Service is provided "as is" and "as available", without any warranty of any kind, either express, implied or statutory. The Bank specifically disclaims any warranty of merchantability or fitness for a particular purpose, warranty of title, non-infringement of intellectual property rights or third party rights. You are advised to evaluate and ensure that the quality of the products and/or services accessed or purchased through use of the AmBank Online Banking Service meet with your expectation. The Bank shall not be responsible for any electronic virus(es) or worm(s) that you may encounter arising out of the AmBank Online Banking Service.

 

24.2        To the fullest extent permitted by law, the Bank does not warrant that this Service will be provided uninterrupted or free from errors or that any identified defect will be corrected and that the information on the AmBank Online Banking Service is accurate, complete, timely or reliable. The Bank expressly disclaims liability for any delays, errors or omissions in the transmission of Content.

 

24.3        You agree that the Bank relies on its Alliances for the information on the Alliances and their products, services and offers and that the Bank expressly disclaims all responsibility and liability in respect of such information, products, services or offers contained on this Service.

 

24.4        It is your responsibility to verify the information and seek independent professional advice before acting on and relying upon the information on this service as a basis for your decision.

 

24.5        The Bank shall not be liable for personal injury, death or damages to tangible or intangible property to any person, arising out of or resulting from use of the AmBank Online Banking Service.

 

25.          INDEMNITY

                                

25.1        You hereby agree to indemnify and keep fully indemnified the Bank and AmBank Group, its employees, agents, co-branders, Alliances against any action, claim, demand, expenses (including legal fees on a full indemnity basis) suffered or incurred by the Bank and AmBank Group arising from your access and/or use of the AmBank Online Banking Service save and except for such losses and damages directly caused by the Bank's gross negligence or intentional misconduct including but not limited to:-

                                                                  

•             use or misuse of the AmBank Online Banking Service or the Content on this Service and any hyperlinked web sites and the services provided therein;

                

•             your breach or non-observance of the Terms and Conditions herein; and

 

•             infringement of rights of any third party in conjunction with your use or access to this Service.

 

26.          LINK TO THIRD PARTY WEBSITES

                                

26.1        This Service contains links to the other web sites and the Bank disclaims responsibility for the privacy practices or the content of these linked web sites. Prior to you executing a link on this Service, please be informed that our privacy policy ceases to apply and the Bank advises you to read the privacy policies of these linked web sites.

 

  27.         PROMOTION AND OFFERS

                

PROMOTION AND OFFERS FROM ALLIANCES       

               

27.1        Information given on this Service includes exclusive deals and promotions offered by the Alliances. Any correspondence or business dealings with or participation in promotions of or any payment and delivery of goods or services, and terms, conditions, representations associated with such deals and promotions are strictly between you and the Alliances. The Bank shall not be responsible or liable for any loss or damages incurred as a result of any such association between you and the Alliances.

 

27.2        In respect of Content offered by Alliances, the Bank does not and shall not:

                                

•             assume any responsibility whatsoever for the accuracy or appropriateness of the information contained therein;

 

•             verify such information or make any representations, warranties or guarantees concerning such information;

 

•             have control over their contents;

 

•             impliedly endorse the availability of the goods or services offered by the Alliances;

 

•             represent and/or endorse the content; and

                

•             be liable for damages of any kind arising from the use or reliance of the contents in the advertisements, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

 

27.3        The Bank advises you to contact its Alliances if you have any queries or complaints regarding the Content provided by them.

 

PROMOTION AND OFFERS FROM THE BANK

 

27.4        AmBank Islamic / AmBank may disclose your personal information to AmBank Group companies for purposes of outsourcing of business operations and marketing of products and services. If you decide later not to receive marketing information from AmBank Islamic / AmBank / AmBank Group, all you have to do is just call 603-2178 8888 or email to customercare@ambankgroup.com and inform AmBank Islamic / AmBank of the same.

 

28.          MODIFICATION OF THE TERMS & CONDITIONS

                                

28.1        The Bank reserves the right to amend the Terms and Conditions herein at its sole discretion by giving prior notice of 21 calendar days.

 

28.2        You agree that notice of any intended amendment shall be deemed to have been delivered when broadcasted on the Bank’s retail banking website at www.ambank.com.my

 

28.3        Your continued access or use of the AmBank Online Banking Service after any such amendment becomes effective will constitute your acceptance to the said amendment.

 

29.          PRIVACY POLICY

                                

29.1        Please refer to the AmBank Online Banking Privacy Policy Statement.

 

30.          ANTI-SPAM POLICY

                                

30.1        The Bank will not permit spammers to operate on its servers. When using the Content on this Service, you agree not to send bulk unsolicited e-mail with commercial messages to other users of this Service or the public; nor interfere, harass, threaten or abuse other users; nor post or distribute any obscene, hateful, racially offensive information or materials.

30.2        You shall have an option to receive e-mails from the Bank which messages may be unrelated to the purpose of the services offered under this Service. If you choose not to receive such e-mails, please inform the Bank using the contact information provided below.

 


31.          NOTICES

                                

31.1        Without prejudice to any other Terms and Conditions herein, you consent that all notice(s) and other communication required under these Terms and Conditions or which concern the AmBank Online Banking Service shall be deemed to have been delivered:            

                                

•             When delivered, if delivered personally;

 

•             On the third day, if sent by ordinary post;

 

•             On the next day following confirmation of a successful transmission, when sent by facsimile transmission;

 

•             On the next day after dispatch, if sent by courier;

 

•             Twenty-four (24) hours after sending, if sent by electronic mail to your last known e-mail address in the Bank's records;

 

 

•             Twenty-four (24) hours after sending, if sent by secure messages;

 

•             Upon display of the notice in the Bank's premises;

 

•             On the date of publication of the advertisement, published in any national newspaper;

 

•             Two (2) days after the date of posting of the notice contained in the Bank's statement of account;

                

•             Upon broadcasting a message or notice on this Web Site;

 

•             Where notified to you in any other manner as the Bank deems fit.

                                

31.2        All notices from you to the Bank concerning the AmBank Online Banking Service and/or these Terms and Conditions shall be in writing, signed by you and sent to the Bank at the address provided below or in any such other way or to such other address as the Bank may notify you from time to time.

 

31.3        All references to date and time shall be taken to be references to Malaysian date and time.

 

32.          GOVERNING LAW AND JURISDICTION

                                

32.1        This agreement shall be governed by and construed in accordance with the laws of Malaysia.

 

32.2        By accessing and/or using the AmBank Online Banking Service, you hereby consent to submit the exclusive jurisdiction of the courts in Malaysia.

 

 

 

 

 

 

 

 

 

 

 

CONTACT INFORMATION

Contact Centre

Telephone Number        603-2178 8888

Mailing Address                                P.O. Box No. 12617 50784 Kuala Lumpur.

Email                                     customercare@ambankgroup.com

 

AmBank (M) Berhad (8515-D)/AmBank Islamic Berhad (295576-U)

Copyright © 2015 All Rights Reserved

Last Updated: 31 March 2015

 

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AMBANK ONLINE BANKING (for Hire Purchase dealer only)

 

THESE TERMS AND CONDITIONS APPLY TO YOUR ACCESS AND USE OF THE AMBANK ONLINE BANKING SERVICE PROVIDED BY AMBANK (M) BERHAD (COMPANY NO. 8515-D) AND LOCATED AT WWW.AMBANKGROUP.COM.

 

PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS. BY ACCESSING AND/OR USING THE AMBANK ONLINE BANKING SERVICE YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO MADE FROM TIME TO TIME.

 

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS AND/OR USE OF THE AMBANK ONLINE BANKING SERVICE.

 

DISCLAIMER - NO WARRANTY

 

Although the Bank endeavors to ensure the accuracy and validity of all information relating to the transactions and the Bank's products and services, please note that the AmBank Online Banking Service is provided "as is" and "as available", without any warranty of any kind, either express, implied or statutory. The Bank specifically disclaims any warranty of merchantability or fitness for a particular purpose, warranty of title, non-infringement of intellectual property rights or third party rights. You are advised to evaluate and ensure that the quality of the products and/or services accessed or purchased through the AmBank Online Banking Service meet with your expectation. The Bank shall not be responsible for any electronic virus (es) or worm(s) that you may encounter from use of the AmBank Online Banking Service.

 

To the fullest extent permitted by law, the Bank does not warrant that the AmBank Online

Banking Service will be provided uninterrupted or free from errors or that any identified defect will be corrected and that the information on the AmBank Online Banking Service is accurate, complete, timely or reliable. The Bank expressly disclaims liability for any delays, errors or omissions in the transmission of Content (as hereinafter defined).

 

LIMITATION OF LIABILITY

 

Under no circumstances and under no legal theory, tort, contract, or otherwise, shall the Bank or AmBank Group be liable to you or any person for any direct or indirect, special, incidental, or consequential damages of any character, including and without any limitation, loss of goodwill, loss of use, profits, work stoppage, computer failure or malfunction, or any and all commercial damages or losses that arise by accessing and/or using the AmBank Online Banking Service. Your sole remedy, financial or otherwise, for any damage or claim arising out of any defect with the use of the Service shall be limited to AmBank Group reprocessing the affected data or transaction at no cost to you.

 

1.            GENERAL

 

These Terms and Conditions shall be read alongside any additional terms and conditions governing any product or service provided by AmBank Group. In the event of conflict, these Terms and Conditions shall prevail for the purpose of interpretation and enforcement.

 

 

 

THE CONTENT OF THE AmBank Online Banking SERVICE IS SUBJECT TO CHANGE AT THE DISCRETION OF THE BANK.

 

NOTHING ON THE AmBank Online Banking SERVICE IS TO BE CONSTRUED AS AN OFFER OR SOLICITATION TO SELL OR BUY SECURITIES OR OTHER FINANCIAL INSTRUMENTS, OR AS ADVICE OR RECOMMENDATION WITH RESPECT TO SUCH SECURITIES OR OTHER FINANCIAL INSTRUMENTS.

 

THE AMBANK ONLINE BANKING SERVICE IS INTENDED FOR ACCOUNTHOLDERS OF AMBANK GROUP OF THE AGE OF 18 YEARS AND ABOVE.

 

2.            DEFINITIONS

 

2.1          The following terms and expressions shall have the following meanings unless otherwise defined:

 

"Account" means any one or more accounts held with the Bank including but not limited to your savings/savings-i, current/current-i, credit card/card-i or debit card account or such other accounts as may be determined by the Bank from time to time.

 

"Access Device" means personal computer, or mobile phones and any other such devices that connect you to the Internet.

 

"Alliances" means participating merchants or Payee Corporations or any other entity whose products, services or information are made available by the Bank.

 

                                " Contact Centre Service” means the phone banking service made available by the Bank.

 

"AmBank Online Banking Service" or "Service" means the online banking service(s) of AmBank Group made available by the Bank.

 

"AmBank Group" means collectively all of the following entities:

 

(i) AMMB Holdings Berhad (Company No: 223035-V); and

(ii) All the Related Corporations and Associate Corporations (as defined in Companies Act 1965) of AMMB Holdings Berhad (Company No: 223035-V); and

(iii) All the Related Corporations and Associate Corporations (as defined in Companies Act 1965) of the Bank.

 

Whether incorporated inside or outside Malaysia, existing now or in the future and reference to ‘AmBank Group’ in this Agreement shall include all or any entity within the AmBank Group;

 

"The Bank" means AmBank (M) Berhad (Company No. 8515-D) and AmBank Islamic Berhad (Company No. 295576-U).

 

"Banking Services" means the products and services of the Bank as are made available to you on the AmBank Online Banking Service.

                 

"Bill Payment Service" means the services made available by the Bank to you for payment of Bills.

 

"Bills" shall mean bills issued by the Payee Corporation for the use or purchase of goods or services by you from the Payee Corporation.

 

“The Card” refers to i) AmBank (M) Berhad MasterCard or VISA card(s), ii) AmBank Islamic Berhad MasterCard or VISA card(s) (iii) MasterCard or VISA Prepaid Card including co-branded MasterCard or VISA Prepaid Card which has been issued in affiliation or association with any third party or under any product or select name or reference, and iv) any other forms of card(s) issued by the Bank to the Cardmember which is to be used as the instrument to operate the Card Account.

 

“Cardmember” refers to the person who has applied and is issued with a Card bearing his name.

 

“Content" shall mean proprietary and non-proprietary information and works of text, hypertext, music, voice, video, multi-media work or art for promotional, educational, informational and/or entertainment purposes made available on the AmBank Online Banking Service.

 

“GST” means any tax payable on the supply of goods, services or other things in accordance with the provisions of the GST Law.

 

“GST Law” means the Goods and Services Tax Act 2014 subsidiary legislations, statutory orders and regulations governing the application of GST, as amended from time to time.

 

"Internet" means the worldwide network of computer networks that use the TCP/IP network protocols to   facilitate data transmission and exchange.

 

"Instruction(s)"means any request or instruction to the Bank effected by use of a valid Login ID and Password

 

"Internet Service Provider" means, the interactive dial-up access to the internet service provider's connection to the Internet, the provision of World Wide Web data and the incidental storage of data.

 

"Login ID" means a unique name made up of a string of characters chosen by you in order for the AmBank Online   Banking Service system to associate the Login ID with your profile and Account(s).

 

“MasterCard/VISA Agreement” refers to the agreement entered between the Cardmember and the Bank whereby the Cardmember is issued with the Card by the Bank upon the terms and conditions therein as well as the terms and conditions as contained in the Bank’s application form signed and submitted by the Cardmember to the Bank when applying for the issuance of a Card and such other terms and conditions supplemented or amended from time to time.

 

 

"Password" means a string of characters, chosen by you and stored in the Bank's computer system in an encrypted form, which must be keyed in by you in order for the  Bank's system to authenticate your Login ID to grant you access to the AmBank Online Banking Service.

 

                                " Payment Date" means the date selected by you for payment to be made.

 

"Payee Corporation" means corporations approved by AmBank Group from time to time for the Bill Payment   Service and displayed on the AmBank Online Banking Service bill payment screen.

 

"Terms and Conditions" means these terms and any amendments and/or variations thereto for access and/or use   of the AmBank Online Banking Service.

                

"Transaction Cut-Off Time" means 11p.m. on any Working Day, unless indicated otherwise on this Web Site.

 

"Valid Tax Invoice" means an invoice containing the elements of a tax invoice as required under the GST Law.

 

"Web Site" means this web site located at URL: www.ambank.com.my

               

"Working Day" means a day when the banks are open for business and shall exclude Saturday, Sundays and public holidays.

 

2.2          References to 'persons' shall include companies, corporations and individuals.

 

2.3          References to 'you', 'your' and 'yours' are references to customers of AmBank Group to whom the Bank has agreed to provide the AmBank Online Banking Service which includes individuals and joint-accountholders.

 

2.4          Words importing the singular shall include the plural and vice versa.

 

2.5          Any banking term not specifically defined or described herein shall be construed in accordance with the general practice of the banks and financial institutions in Malaysia. Any term relating to computer technology not specifically defined or described herein shall be construed in accordance with the general practice and the trade of computer companies and the information technology industry in Malaysia.

 

2.6          In the event of any conflict in the interpretation of this Agreement and any translation of the Agreement in any language, the English version shall prevail for the purpose of interpretation and enforcement.

 


 

 

3.            ELIGIBILITY FOR INTERNET BANKING SERVICE

 

3.1          The AmBank Online Banking Service is only available to accountholders of AmBank Group of the age of 18 years and above who have mandate to operate the existing Account(s).

3.2          The Bank reserves the right to reject or accept any application for the Service at its sole and absolute discretion. Where the Bank rejects an application, it shall not be obliged to provide any reasons or explanation for such a rejection.

 

4.            APPLICATION

 

4.1          You should read all terms and conditions, rules and/or regulations attached to each application form for each product and/or service that you wish to apply for.

               

5.            YOUR LOGIN ID AND PASSWORD

 

5.1          By using the AmBank Online Banking Service you hereby warrant and undertake that you shall keep your Login ID, Password and Account(s) information confidential at all times. If your Login ID and/or Password has been compromised, misused, is lost or stolen, or if you suspect that someone has transferred or may transfer money from your Account(s) without your permission, or if you suspect any fraudulent activity on your Account(s), you are required to notify the Bank immediately using the contact information provided below followed by written confirmation. You shall not be liable for transactions entered into after the Bank has received such notice.

 

5.2          In the case of joint account holders, only one Login ID and Password shall be used and only one person shall be given mandate to do the transaction through the internet banking.

 

5.3          You shall inform the Bank should there be any changes in the mandate to enable the Bank to discontinue using of the existing Login ID and Password. Thereafter, to give a new Login ID and Password to the person authorize under the new mandate given to the Bank.

 

5.4          The Bank reserves the right to suspend and/or revoke the use of your Login ID and Password at any time subject however to the Bank having given you notice as soon as reasonably practicable. The Bank shall not however be required to provide any reasons for such suspension or revocation.

 

5.5          The Bank shall not be liable for any loss or damage in the event of any unauthorized use or access to your Login ID and Password under any circumstances save and except if such loss or damage is directly caused by the Bank's gross negligence or intentional misconduct.

 

6.            SECURE MESSAGES

 

6.1          The AmBank Online Banking Service provides you with a secure messaging system for you to ask questions and/or give comments about the AmBank Online Banking Service and for the Bank to give you the necessary notices. This messaging system is accessible to you after you sign on with your Login ID and Password to a secure session of the Service.

 

6.2          To ensure security of your Account(s) information, the Bank recommends that you use only the secure messaging system when asking questions and/or giving comments.

 

6.3          You cannot use the secure messaging system to give Instructions to initiate transactions on your Account(s). For transactions please use the appropriate functions within the AmBank Online Banking Service.

 

7.            BILL PAYMENT SERVICE

 

7.1          You hereby agree that any Instruction(s) from you is an authorisation for the Bank to rely and act upon your Instruction(s).

 

7.2          Instruction(s) will only be accepted by the Bank if it has been affected through the AmBank Online Banking Service using an appropriate Login ID and Password. However, the Bank shall not be liable for any loss which you and/or any third party may sustain from the Bank's acting on such Instruction(s), whether given by you or someone purporting to be you, authorised or unauthorised.

 

7.3          Only the authorized person may issue Instructions through the AmBank Online

Banking Service and authorise the Bank to effect any transactions on the Account(s).

 

7.4          Notwithstanding anything stated herein, Instructions given before the Transaction Cut-Off Time on a Working Day will be processed the same day. All Instructions given after the Transaction Cut-off Time on a Working Day or on a day that is not Working Day, will be processed on the next Working Day.

 

7.5          The Bank reserves the right, without having to assign any reasons, to refuse to act on any Instruction(s) given to the Bank.

 

7.6          Your Instruction(s) shall be deemed received by the Bank upon issuance of a reference number on the confirmation page. For records of your dealings with the Bank and for subsequent verification, you should print a copy of the confirmation page for all transactions affected through the AmBank Online Banking Service.

 

7.7          Any Instruction(s) given by you shall be deemed irrevocable and binding on you upon submission.

                               

7.8          Should you have any reason to believe that an Instruction(s) has not been accurately or completely received by the Bank, you shall inform the Bank by calling the AmBank Contact Centre immediately or in any other case no later than twenty-four (24) hours after transmission of the relevant Instruction(s) by yourself. The Bank's contact information is provided below.

 


 

8.            INTERNET BANKING TRANSACTION RECORDS

 

8.1          You agree that the Bank's records shall be conclusive evidence of your dealings with the Bank in connection with the AmBank Online Banking Service.

 

8.2          You hereby agree not to object to the admission of the Bank's records as evidence in any legal proceedings on the basis that such records are not originals, are not in writing or are documents produced by a computer.

 

9.            DISCLOSURE OF INFORMATION

 

9.1          Where the Bank needs to pass information to other financial institutions in order to execute your Instructions, you authorise the Bank to transmit and store information about you and your Account(s) to provide these third parties with such information.

 

9.2          You authorise the Bank to disclose such information to any entity within the AmBank Group to enable the cross selling or servicing of AmBank Group's products and services to you.

 

9.3          However if you are not agreeable to sharing your information for the purposes and/or to the parties stated in these Terms and Conditions, the Bank advises you to cease using the AmBank Online Banking Service immediately.

 

9.4          You hereby agree and understand that the Bank, or any third party to whom the Bank has transmitted information about you or your Account(s), may disclose this information if required or authorised by any written law to do so.

 

10.          FEES AND CHARGES

 

10.1        You acknowledge that the Bank shall be entitled to levy or impose service charges or transaction fees and/or to vary such fees from time to time in respect of the AmBank Online Banking Service rendered to you, subject to the Bank having given you prior notice of 21 calendar days.

 

10.2        Subject to such prior notice, you hereby authorise the Bank to debit your account with such fees, commissions and charges.

 

10.3        You are liable for any telephone charges and any charges made by your Internet Service Provider as a result of the use by you of the AmBank Online Banking Service.

 

10.4        Unless expressly stated otherwise in this Agreement, the parties agree that the Fee and any other monies payable under this Agreement are inclusive of goods and services tax (“GST”) as may be applicable under the provision of the GST Law.

               

11.          ACCOUNT INFORMATION

 

11.1        While the Bank takes reasonable steps to ensure that any information pertaining to your Account(s) obtained through this Service is up to date, you hereby acknowledge and agree that such information may not be up to date as there may be Instruction(s), transactions and/or charges incurred which have yet to be processed by AmBank Group or are in the process of being processed.

 

12.          ERRORS AND QUESTIONS

 

12.1        In case of errors and questions about your Account(s), transactions, payments or electronic payments, you can contact the Bank to lodge a complaint by using the contact information available below. The parties hereby agree to try to settle the matter amicably.

 

13.          TERMINATION OR SUSPENSION OF SERVICES

 

13.1        Your use and access to this Web Site and/or the AmBank Online Banking Service may be terminated or suspended whether in part or whole by the Bank at any time subject however to the Bank having given you notice as soon as reasonably practicable.

 

13.2        Where you fail to maintain any Account(s) with the Bank or for any other reason deemed fit by the Bank, the Bank shall be entitled to suspend or terminate your right of access to the AmBank Online Banking Service.

 

13.3        You may terminate your use and access to the AmBank Online Banking Service by giving the Bank 14 days prior written notice. Upon doing so, you agree not to thereafter use the AmBank Online Banking Service and you further agree that the Bank shall not be obliged to effect any Instruction(s) received on any day falling after receipt of your notice of termination.

 

14.          LIABILITIES

 

14.1        You shall be responsible for and liable for any loss or damage suffered by the Bank as a result of any breach of any of the Terms and Conditions in this Agreement by you.

               

14.2        While the Bank takes reasonable steps to ensure that any information pertaining to your Account(s) obtained through this Service is up-to-date, the Bank makes no representations or warranties that the information available on or about your Account(s) through the AmBank Online Banking Service will be accurate or up to date.

 

14.3        You shall be solely responsible for the purchase, installation, maintenance and operation of Access Devices.

 

14.4        Under no circumstances and under no legal theory, tort, contract, or otherwise shall the Bank and AmBank Group be liable to you or any person for any direct or indirect, special, incidental, or consequential damages of any character, including and without any limitation, damages for loss of goodwill, loss of use, data, profits, work stoppage, computer failure or malfunction, or any and all commercial damages or losses that arise by accessing and/or using the AmBank Online Banking Service where any one of the following circumstances occur:

 

•             where AmBank Group has reason to doubt the authenticity of the Instruction(s). In such an instance, AmBank Group is under no obligation to furnish reasons for exercising its discretion not to act on the Instruction(s);

 

•             where AmBank Group is required by law to prohibit withdrawals from your Account(s);

 

•             where your Account(s) is frozen or closed;

 

•             where you are unable to access or use the AmBank Online Banking Service or any hyperlinked web sites;

 

•             the use or reliance of the Content of the AmBank Online Banking Service (and/or any hyperlinked web sites);

 

•             where you fail to provide necessary and/or accurate information or Instruction(s) for the performance or completion of transactions;

 

•             where there is a system, server or connection failure, error, omission, interruption, delay in operation or transmission, or computer virus, malicious codes, Trojan horses or corruption or delay in performance or non-performance of any obligation of the Bank herein due to any cause beyond the control of AmBank Group including but not limited to technical breakdown, strikes or other industrial action or communications or power failure;

 

•             where you fail to maintain sufficient funds in your Account(s) to perform any Instructions given by you;

 

•             where there is an inability to perform any transactions due to limits set by AmBank Group or by yourself;

 

•             where you fail to follow the current instructions, procedures and directions for using the AmBank Online Banking Service;

 

•             where there is any loss or damage caused by third parties or any circumstances beyond AmBank Group reasonable control;

 

•             where there are errors, alterations or destruction of any Instruction(s), data or information transmitted through the AmBank Online Banking Service;

 

•             where you encounter any electronic virus (es) or worm(s);

 

•             where there is a failure or delay caused by the browser software or by any Internet Service Provider or any other software provider(s); and

 

•             where there are any other circumstances beyond the reasonable control of AmBank Group.

 

 

14.5        Your sole remedy, financial or otherwise, for any damage or claim arising out of any defect with the use of the Service shall be limited to AmBank Group reprocessing the affected data or transaction at no cost to you.

 

15.          RIGHT TO SET-OFF

 

15.1        The Bank may at any time, with notice to you as soon as reasonably practicable and in the manner the Bank deems fit, set-off from your Account(s) or any other accounts maintained by you with AmBank Group, any amount(s) where you have incurred as liability to the Bank, whether arising out of the Terms and Conditions set out herein or pursuant to any transaction(s) executed with the Bank or by operation of law.

 

15.2        The Bank shall not be liable for any damage, loss or expense suffered by you as a result of the Bank exercising its rights hereunder and you agree to hold the Bank harmless from any claim arising from the Bank exercising its right to set-off.

               

15.3        The Banks' right hereunder shall not be affected by your death, bankruptcy, insolvency or if legal process is levied against you.

 

16.          INTERNATIONAL USE

 

16.1        The use of the AmBank Online Banking Service outside of Malaysia is subject to the Exchange Control Regulations of Bank Negara Malaysia or any fiscal or exchange control requirements operating in the country where the transaction is effected or requested; and the laws and regulations of Malaysia and the country where the transaction is effected or requested.

 

16.2        You hereby agree that you are using the AmBank Online Banking Service at your own initiative and are responsible for your compliance with all applicable laws and regulations.

 

17.          ASSIGNMENT, MERGERS AND/OR ACQUISITIONS

 

17.1        You hereby agree that the Bank shall be entitled to assign the rights and obligations under this Agreement to any member of AmBank Group.

 

17.2        You acknowledge and consent that the obligations created by this arrangement shall continue to be valid and binding for all intents and purposes notwithstanding any merger, acquisition, reconstruction, amalgamation or otherwise which may be made in the Bank whether or not resulting in the change of name in the new entity.

 

18.          COPYRIGHT AND TRADEMARK NOTICES

 

18.1        All ownership rights, copyright, trademarks and other intellectual property rights attaching to, contained or vested in this Service and all Content, data, information, details, materials, literature, manuals or graphics contained in this Service are properties of the Bank and AmBank Group unless otherwise indicated. The Bank strictly prohibits any use of any of its aforesaid rights in any manner whatsoever without its express prior written consent.

 

18.2        Copying, reverse engineering, automated browsing, downloading, commercial exploitation of the Content available on this Service is prohibited, except when it is explicitly permitted by the Bank.

 

18.3        All intellectual property rights, design and contents of this Service shall belong to the Bank.

 

19.          DISCLAIMERS

 

19.1        Although the Bank endeavors to ensure the accuracy and validity of all information relating to the transactions and the Bank's products and services, please note that the AmBank Online Banking Service is provided "as is" and "as available", without any warranty of any kind, either express, implied or statutory. The Bank specifically disclaims any warranty of merchantability or fitness for a particular purpose, warranty of title, non-infringement of intellectual property rights or third party rights. You are advised to evaluate and ensure that the quality of the products and/or services accessed or purchased through use of the AmBank Online Banking Service meet with your expectation. The Bank shall not be responsible for any electronic virus(es) or worm(s) that you may encounter arising out of the AmBank Online Banking Service.

 

19.2        To the fullest extent permitted by law, the Bank does not warrant that this Service will be provided uninterrupted or free from errors or that any identified defect will be corrected and that the information on the AmBank Online Banking Service is accurate, complete, timely or reliable. The Bank expressly disclaims liability for any delays, errors or omissions in the transmission of Content.

 

19.3        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.

 

19.4        The Bank shall not be liable for personal injury, death or damages to tangible or intangible property to any person, arising out of or resulting from use of the AmBank Online Banking Service.

 

20.          INDEMNITY

 

20.1        You hereby agree to indemnify and keep fully indemnified the Bank and AmBank Group, its employees and agents against any action, claim, demand, expenses (including legal fees on a full indemnity basis) suffered or incurred by the Bank and AmBank Group arising from your access and/or use of the AmBank Online Banking Service save and except for such losses and damages directly caused by the Bank's gross negligence or intentional misconduct including but not limited to:-

 

•             use or misuse of the AmBank Online Banking Service or the Content on this Service and any hyperlinked web sites and the services provided therein;

 

•             your breach or non-observance of the Terms and Conditions herein; and

 

•             infringement of rights of any third party in conjunction with your use or access to this Service.

 

21.          LINK TO THIRD PARTY WEBSITES

 

21.1        This Service contains links to the other web sites and the Bank disclaims responsibility for the privacy practices or the content of these linked web sites. Prior to you executing a link on this Service, please be informed that our privacy policy ceases to apply and the Bank advises you to read the privacy policies of these linked web sites.

 

22.          MODIFICATION OF THE TERMS & CONDITIONS

 

22.1        The Bank reserves the right to amend the Terms and Conditions herein at its sole discretion by giving prior notice of 21 calendar days.

 

22.2        You agree that notice of any intended amendment shall be deemed to have been delivered when broadcasted on the Bank’s retail banking website at www.ambank.com.my

 

22.3        Your continued access or use of the AmBank Online Banking Service after any such amendment becomes effective will constitute your acceptance to the said amendment.

 

23.          PRIVACY POLICY

 

23.1        Please refer to the AmBank Online Banking Privacy Policy Statement.

 

24.          ANTI-SPAM POLICY

 

24.1        The Bank will not permit spammers to operate on its servers. When using the Content on this Service, you agree not to send bulk unsolicited e-mail with commercial messages to other users of this Service or the public; nor interfere, harass, threaten or abuse other users; nor post or distribute any obscene, hateful, racially offensive information or materials.

 

24.2        You shall have an option to receive e-mails from the Bank which messages may be unrelated to the purpose of the services offered under this Service. If you choose not to receive such e-mails, please inform the Bank using the contact information provided below.

 

25.          NOTICES

 

25.1        Without prejudice to any other Terms and Condition herein, you consent that all notice(s) and other communication required under these Terms and Conditions or which concern the AmBank Online Banking Service shall be deemed to have been delivered:

 

•             When delivered, if delivered personally;

 

•             On the third day, if sent by ordinary post;

 

•             On the next day following confirmation of a successful transmission, when sent by facsimile transmission;

 

•             On the next day after despatch, if sent by courier;

               

•             Twenty-four (24) hours after sending, if sent by electronic mail to your last known e-mail address in the Bank's records;

 

•             Twenty-four (24) hours after sending, if sent by secure messages;

 

•             Upon display of the notice in the Bank's premises;

 

•             On the date of publication of the advertisement, published in any national newspaper;

 

•             Two (2) days after the date of posting of the notice contained in the Bank's statement of account;

 

•             Upon broadcasting a message or notice on this Web Site;

               

•             Where notified to you in any other manner as the Bank deems fit.

 

25.2        All notices from you to the Bank concerning the AmBank Online Banking Service and/or these Terms and Conditions shall be in writing, signed by you and sent to the Bank at the address provided below or in any such other way or to such other address as the Bank may notify you from time to time.

               

25.3        All references to date and time shall be taken to be references to Malaysian date and time.

 

26.          GOVERNING LAW AND JURISDICTION

               

26.1        This agreement shall be governed by and construed in accordance with the laws of Malaysia.

 

26.2        By accessing and/or using the AmBank Online Banking Service, you hereby consent to submit the exclusive jurisdiction of the courts in Malaysia.

 

 

CONTACT INFORMATION

Contact Centre

Telephone Number        603-2178 8888

Mailing Address                                P.O. Box No. 12617 50784 Kuala Lumpur.

Email                                     customercare@ambankgroup.com

 

AmBank (M) Berhad (8515-D)/AmBank Islamic Berhad (295576-U)

Copyright © 2015 All Rights Reserved

Last Updated: 31 March 2015

 

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