TERMS AND CONDITIONS FOR SUBSCRIPTION, USE AND ACCESS OF CIMB GATEWAY (“Terms”)

Important Notice

Please read and understand the relevant applicable Terms and Conditions of CIMB Bank Berhad (“CIMB Bank”) and/or CIMB Islamic Bank Berhad (“CIMB Islamic Bank”) governing the subscription, use and access of CIMB Gateway. By using and accessing the CIMB Gateway, you accept and agree to be bound by the respective Terms. Nothing shall add to, amend or delete the respective Terms unless:-

(i) agreed to in writing by a duly authorised officer of CIMB Bank or CIMB Islamic Bank, as the case may be; or

(ii) made in accordance with the provisions of Clause 13 of the respective Terms.

The respective Terms are in lieu of any warranties or guarantees, terms or conditions expressed or implied by law as owing by the Bank (the expression ‘Bank’ shall mean CIMB Bank for Accounts opened and maintained with CIMB Bank and CIMB Islamic Bank for Accounts opened and maintained with CIMB Islamic Bank). The respective Terms (together with such other supplemental provisions as contemplated by and in accordance with the respective Terms or the specific written agreement between the Customer and Bank) is the entire agreement between the Bank and the Customer and is without prejudice to the rights of the Bank at common law or equity, save and except where there is a conflict or inconsistency between the Terms and such supplemental provisions or written agreement, the provisions as shall on construction be more favourable to the Bank shall prevail and be deemed in any Court as the governing and operative provisions binding on the Customer.

Accounts that are opened and maintained with CIMB Bank will be governed by the Terms and Conditions of CIMB Bank and accounts that are opened and maintained with CIMB Islamic Bank will be governed by the Terms and Conditions of CIMB Islamic Bank.

TERMS AND CONDITIONS FOR SUBSCRIPTION, USE AND ACCESS OF CIMB GATEWAY PROVIDED BY CIMB BANK BERHAD.

1. Definitions and Interpretation

1.1 Definitions:

“Accounts”                                             means all the accounts opened and maintained by you from time to time with CIMB Bank Berhad.

“Authorised Users”                              means one or more persons authorized by the Customer to either enquire, initiate, review and/or authorize transactions by using and accessing CIMB Gateway, and/or receiving notifications in accordance with the Terms stipulated by the Bank.

“Bank”, “we”, “us”, “our”                      means CIMB Bank Berhad.

“Business Day”                                    means a day in which the Bank is opened for banking business.

“CIMB Gateway”                                  means such electronic banking or related services as may be provided by the Bank or its subsidiaries from time to time which may be used and accessed by the Customer via the internet and any other approved electronic medium approved by the Bank.

“Customer”, “you”, “your”                   means a person whose application for use and access has been approved by the Bank for any or all of the CIMB Gateway which expression shall include the Authorised Users.

“Designated Account(s)”                    means the account(s) which you may have opened or which have been designated in the CIMB Gateway application form (and in default of such designation by you, such account(s) of yours as the Bank may designate) from your existing account(s) to and from which may be charged and deducted the fees, costs, commission, charges, expenses and interest that the Bank may impose from time to time for the use of CIMB Gateway and for the selected transactions/services.

“Instructions”                                         means any requests, authorizations, instructions, or communications in whatever form or manner given or transmitted to the Bank including via the CIMB Gateway by you or your Authorised Users.

“Loss”                                                     means any or all direct or indirect losses or damages (financial or otherwise) of whatever nature, type and extent and howsoever arising including legal fees on a full indemnity basis.

“Org ID(s)”                                             means the unique identification code(s) assigned by the Bank for the Customer for the purposes of utilising CIMB Gateway.

“Password(s)”                                       means the unique personal identification number(s), code(s), word(s), depiction(s) or other identification (electronic or otherwise) assigned to you and includes any secret number as may from time to time be chosen by you as a replacement for the purposes of utilising the CIMB Gateway.

“Property Rights”                                  means any graphics, text, scripts, music, sound, photographs, images, art, video and other multimedia work or any combination thereof which is available on our web site and CIMB Gateway and are at all times protected by copyright, trade marks, service marks, patents and any other applicable intellectual property or proprietary rights.

“Signatory(ies)”                                    means a person authorised by you (whether alone or jointly with any other person) to give any Instructions and/or execute or sign any instrument and/or effect any transactions or utilise CIMB Gateway for and on your behalf.

“Terms”                                                 means the terms and conditions of subscription, use and access of the CIMB Gateway including any amendments, variations or modifications from time to time and such other terms and conditions as may be imposed by the Bank for the subscription, use and access of any or all of the services provided under CIMB Gateway.

“Unauthorised Contents”                   means any materials, data, communication and/or information which is/are abusive, defamatory, infringes another person's rights, constitutes a criminal offence or gives rise to civil liability/liabilities, encourages racism, promotes hatred, contains pornography or pedophilia, contains any viruses or deleterious files and/or is otherwise objectionable to public morals and decency.

“User ID(s)”                                           means the unique identification code(s) assigned by the Bank for the respective user of CIMB Gateway.

“Validation Code(s)”                           means the unique personal identification number(s), code(s), word(s), depiction(s) or other identification (electronic or otherwise) assigned to you and includes any secret number as may from time to time be chosen by you as a replacement for the purposes of utilising the CIMB Gateway, verifying and authenticating the identity of the Authorised User.

1.2          Interpretation

In the interpretation of these Terms:-

(a)   words importing the singular shall include the plural and vice versa and words importing any gender shall include every gender.

(b)   the subtitle headings and the division of provisions into sections and clauses in these Terms are for ease of reference only and shall not be considered in the interpretation of the substantive provisions of these Terms.

(c)   where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings.

(d)   any reference to a party in these Terms shall include a reference to his successors in subtitle and permitted assigns.

2. Use and Access

2.1 You shall ensure that only your Authorised Users use and access CIMB Gateway and you shall also ensure that your Authorised Users comply with the Terms.

3. Unauthorised Use and Access

3.1          You shall not, at any time whatsoever, attempt or assist, whether directly or otherwise, any other person to transmit any Unauthorised Contents. If at any time you discover or suspect the occurrence of any of these activities, you are required to notify us immediately and in failing or delaying to do so, you may also be held liable for the same.

3.2          We may but are not obliged to monitor, supervise or review your use and access of the CIMB Gateway. We reserve the absolute right to edit or delete any Unauthorised Contents which violate any of the provisions in these Terms without notice and without any liability whatsoever to you for doing so.

3.3          You agree that your use and access of the CIMB Gateway shall at all times be in accordance with all legislations, laws and regulations governing the same.

4. Property Rights

4.1 You hereby agree that all the Property Rights in respect of CIMB Gateway website shall at all times be owned exclusively by us or the relevant third party vendors, advertisers, affiliates or any other third persons, where applicable.

4.2 You agree that you shall not reproduce, copy, transmit, publish, perform, broadcast, adapt, store, distribute, disseminate, communicate, display, license, modify, edit, censor, alter, hyper link or use in whole or in part in any manner whatsoever the Property Rights without our prior express written consent or that of the relevant third party vendors, advertisers, affiliates or other third persons, where applicable, to the same. Further thereto, you shall not insert a hyperlink on this website or the services herein or "mirror" or frame the same or any portion thereof on any other website(s) or servers.

5. Fees and Charges

5.1          You agree to pay the Bank all fees, commissions and any other charges at such rates and in such terms as the Bank may stipulate from time to time in respect of the use and access of CIMB Gateway.

5.2          Should you disagree with such fees, commission and/or charges, you shall cease to use CIMB Gateway or the particular service to which such fees, commission and/or charges relate to. Your continued use and access of CIMB Gateway or the particular service to which such fees, commission, and/or charges relate to shall be deemed as your agreement and binding acceptance of the same.

5.3          You agree that such fees, commission and/or charges may be deducted from the Designated Account(s). If the Designated Account(s) has insufficient funds or is closed, the Bank reserves the right, without notice, to combine and consolidate any of your other accounts maintained with the Bank, and/or set-off and/or transfer any credit balance in such accounts, in or towards satisfaction of any of your liabilities to the Bank including all such fees, commission and/or charges and whether such liabilities to the Bank are actual, contingent, primary, collateral, several, joint or in other currencies.

5.4          All payments payable to the Bank shall be made in the lawful currency of Malaysia.

5.5          You shall pay any and all applicable taxes, levies or charges whatsoever now or hereinafter imposed by law or required to be paid in respect of any transaction or monies on the CIMB Gateway or pertaining to your Instructions carried out pursuant to these Terms (collectively the "Taxes") and you shall reimburse the Bank for any such payment made by the Bank which reimbursement shall be made in the same manner and together with the fees or charges to which the Taxes relate.

6. Hyperlinks To Third Parties

6.1 You agree that the CIMB Gateway website may contain hyperlinks to third parties' websites, which are not under our control. These hyperlinks are provided for your reference only and do not represent in any way whatsoever our endorsement, recommendation or sanction of the same. Accordingly, we shall not be responsible or liable for your use and access of the same or any information or materials available therein. We shall also not be responsible for any form of transmission or communication between you and the said third parties or your participation or use of their information, materials, services or promotions. For this purpose, you agree to be solely responsible for the same or any portion thereof. Accordingly, you are therefore advised to obtain independent professional advice at all times.

7. Disclaimer

7.1          All contents and information which are available on the CIMB Gateway website are provided on an "as is" and "as available" basis and not to be taken as investment, financial, commercial or business advice or recommendations. Such information and materials are provided for general information only and you should seek professional advice at all times and obtain independent verification of the information and materials contained herein before making any decision based on any such information or materials.

7.2          We do not give any kind of warranty, whether express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement or freedom from viruses. We also do not warrant that the CIMB Gateway website will meet your requirements, be uninterrupted, timely or secure. You agree that your use and access thereof shall be at all times at your sole risk.

7.3          We shall not, at any time whatsoever, be liable to you or any other person for any loss or damages arising from any interruption or unavailability of this website or the use and access of the CIMB Gateway for whatever reason other than due to our gross negligence and omission or is directly caused by our willful default.

7.4          Nothing in this web site or Terms should be reproduced, redistributed, transmitted or passed on, directly or indirectly, to any other person, published or disseminated, in whole or in part, for any purpose.

8. Instructions

8.1          We may treat and accept any or all Instructions received by us as Instructions properly authorised by you, even if made fraudulently and even if in conflict with the terms of any other Instructions or mandates given by you at any time concerning your accounts or affairs. We shall be under no obligation to check the authenticity of the Instructions or the authority of the person or persons giving them.

8.2          Where we have reason to believe that an Instruction purporting to come from you has not been properly authorised by you or that a breach of security has occurred in relation to your use and access of CIMB Gateway, we reserve the right not to act, or to delay acting on the Instruction. Without prejudice to our foregoing rights, we will inform you as soon as reasonably possible.

.

8.3          You are responsible for the accuracy, correctness, authenticity and completeness of your Instructions ensuring that the Instructions are transmitted correctly. We are not liable for any Loss or delay resulting from any breach, non-compliance or non-observance of the foregoing.

8.4          Any Instructions given will be dealt with in the normal course of business. If Instructions are given at a time after the deadline set by the Bank for transactions for any particular day, the said Instructions may not be carried out until the next Business Day.

9. Countermand of Your Instructions

9.1 The Bank shall not be obliged to cancel or amend any payment made or to be made pursuant to your Instructions or any Instructions after the same have been transmitted to the Bank. The Bank shall use all reasonable efforts to act on your request for such cancellation, withdrawal or amendment prior to the Bank’s execution of such Instructions, but the Bank shall have no liability whatsoever if such cancellation, withdrawal or amendment is not effected in time or could not be made. In the event that the Bank attempts to cancel, withdraw or amend any Instructions at your request, you shall be liable to pay any and all costs and expenses which may be incurred by the Bank. For the avoidance of doubt, the Bank shall not be taken to have received or to have notice of any countermand of your Instructions until the Bank informs you in writing of the same.

10. Exclusion of Liability

10.1       The Bank shall not be liable for any Loss or embarrassment incurred or suffered by you or any third party by reason or arising from:-

10.1.1     your inability to perform any of the transactions due to limits set by the Bank from time to time; or

10.1.2     any error, alteration, destruction of the Instructions, data or information to or from the Bank through CIMB Gateway ; or

10.1.3     any intrusion or attack by any person or party on any hardware, software or system used in relation to CIMB Gateway, including but not limited to viruses, Trojan Horses, worms and/or macros or other harmful components or disabling devices that may suspend, disrupt or disable CIMB Gateway or any part thereof; or

10.1.4     any restriction or prohibition on the use of CIMB Gateway by any laws or regulations of any country from where you access CIMB Gateway; or

                10.1.5     the insufficiency of funds in any of your Designated Accounts; or

10.1.6     any default of the internet browser providers or by the internet service providers or their agents or sub-contractors; or

10.1.7     any breakdown or malfunction of any equipment, system or software used in connection with CIMB Gateway, whether belonging to the Bank or otherwise, including but not limited to any electronic terminal, server or system, telecommunication device, connection, electricity, power supply, telecommunications or other communications network or system or any part of the electronic fund transfer system; or

10.1.8     any use, misuse, purported use or misuse, loss, the theft or unauthorised use of your User ID, Password or Validation Code and/or the purported use or misuse of CIMB Gateway; or

10.1.9     your failure to comply with the latest instructions, procedures and directions for use of CIMB Gateway; or

10.1.10 the corruption or loss of any data or instruction or in the course of transmission thereof whether through CIMB Gateway or otherwise used by the Bank or any other third party whether or not in connection with your Designated Accounts or CIMB Gateway; or

10.1.11 the funds in the Designated Account(s) are not available for utilisation because they have been earmarked or provided to the Bank as security or the Bank is exercising its lien over the funds in the Designated Account(s), or pursuant to the Bank's rights under the Bank's various standard terms and conditions governing various banking facilities and services prevailing from time to time; or

10.1.12 any fraud, criminal act, offence or violation of any law or regulation has been or will be committed; or

10.1.13 any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer virus, malicious code, corruption, delay in operation or transmission, transmission error or unavailability of access in connection with your accessing this website and/or using the CIMB Gateway even if the Bank had been advised as to the possibility; or

10.1.14 any introduction or prospective introduction of or any change or prospective change in any legislation, regulation, order, policy, rule, guideline or directive in Malaysia or elsewhere (whether or not having the force of law) and including, without limitation, any directive or request issued by any authorities or bodies in the interpretation or application thereof by any court, government body, regulatory authority or other competent authority; or any change, or any development involving a prospective change in local, national, regional or international financial (including stock market, foreign exchange market, inter-bank market or interest rates or money market), political, industrial, economic, legal or monetary conditions, taxation or exchange controls, including without limitation, the imposition of any moratorium, suspension or material restriction on trading in securities generally due to exceptional financial circumstances or otherwise.

10.2 In no event shall the Bank be liable to you or any other party for any damages, losses, expenses or costs whatsoever (including without limitation, any direct, indirect, special, incidental or consequential damages, loss of profits or loss opportunity) arising in connection with your use of CIMB Gateway website, or reliance on any information, materials or online services provided at this website, regardless of the form of action and even if the Bank had been advised as to the possibility of such damages.

11. General Indemnity

11.1        In addition and without prejudice to any of the other rights or remedies of the Bank, you undertake to indemnify and hold the Bank harmless from and against any and all Loss suffered or incurred by the Bank, whether directly or indirectly, as a result of any of the following:-

11.1.1     any failure by you to comply with the Terms;

11.1.2     the Bank acting in accordance with any Instructions or in any manner permitted under the Terms; and/or

11.1.3     your use and access of CIMB Gateway.

11.2        You hereby agree and acknowledge that your undertaking to indemnify the Bank herein shall survive any termination hereof.

12. Termination

12.1        You agree and acknowledge that we reserve the sole right and discretion to suspend, terminate, withdraw or restrict, without any liability whatsoever, your use and access to all or any part of CIMB Gateway and/or the use of the services therein without having to attribute any reasons thereto by giving not less than fourteen (14) days prior notice to you.

12.2        Notwithstanding the generality of Clause 12.1, we may immediately terminate, suspend or restrict your access to CIMB Gateway and/or the use of the services therein, if:-

12.2.1     you breach or fail to observe any provision of the Terms or where the provision of the CIMB Gateway shall be contrary or prohibited by law or regulatory authority or body; or

12.2.2     you fail to pay any fees, commission or charges when due; or

12.2.3     you have provided us with false or incomplete information for your use of or access to CIMB Gateway; or

12.2.4     you become or threaten to become or are in jeopardy of becoming subject to any form of insolvency administration; or

12.2.5     in our opinion, it is in the public interest to do so; or

12.2.6     there are any directions or instructions from Bank Negara Malaysia or any other relevant authorities to us to discontinue the CIMB Gateway.

12.3        Notwithstanding of the above, you may terminate your use and access of CIMB Gateway without assigning any reasons whatsoever by giving us at least fourteen (14) days prior written notice. The termination will not be effective until we have received your written notice. You shall not continue to use or access the CIMB Gateway upon the giving of your written notice of termination to us.

12.4        You agree and acknowledge that the termination does not affect your liability or obligation in respect of Instructions received by us prior to such termination that have been processed or are being processed by us.

12.5        You further agree and acknowledge that where an Instruction has been received by us prior to such termination herein but has not been processed, and your access to CIMB Gateway is thereafter terminated, we shall not be responsible nor liable for any failure to process the said Instruction.

12.6        Any rights and obligations under the Terms, which by their terms would survive the termination, shall continue to be in full force and effect thereafter.

12.7        Upon termination of your access to CIMB Gateway and/or any other services that may be provided by the Bank under the Terms for any reasons whatsoever, you undertake to return to the Bank within fourteen (14) days of the effective termination date, any security device that may have been issued by the Bank to you in respect of CIMB Gateway.

13. Variation

13.1        We reserve the absolute right to change, modify, delete, amend, add or vary the Terms.



13.2        If you continue to use CIMB Gateway after the effective date of any additional or amended terms and conditions, or where no effective date is specified, after a period of seven (7) days upon your receipt of such notice, then you shall be deemed to have accepted such additional or amended terms and conditions and agreed to be bound by the same.

13.3        You hereby agree and acknowledge that where the changes or amendments made are necessitated by an immediate need to restore or maintain the security of a transaction, we may proceed immediately with making such changes and amendments without your consent.

14. Notices

14.1        Unless otherwise specified, all notices and communications by us in relation to CIMB Gateway may be given in any one of the following manners:-

14.1.1     by ordinary post to your last address in our records and deemed received two (2) days after posting;

14.1.2     by facsimile, email or other forms of instantaneous communication to your last known contact number or email address in our records and deemed received twenty four (24) hours after sending;

14.1.3     by display at our premises, including our branches and deemed effective upon the display being made; and/or

14.1.4     by display on the screen upon access to CIMB Gateway web site and deemed effective upon the display being made.

14.2        Unless otherwise specified, all notices and communications to us shall be in writing and signed by you and sent to our address as may be notified to you from time to time and all notices from you shall take effect only upon us receiving the same.

15. International Use

15.1        You agree and acknowledge that your use and access of CIMB Gateway from outside of Malaysia may be subject to, among others:-

15.1.1     exchange control regulations of Bank Negara Malaysia;

15.1.2     other fiscal or exchange control requirements of the country where the transaction is effected or requested; or

15.1.3     other relevant laws and regulations of Malaysia and the country where the transaction is effected or requested.

16. Disclosure and Confidentiality

16.1        You agree that we may without further consent from you disclose any information provided by you to the following persons and for the following reasons:-

16.1.1     to any of our subsidiaries, branches, affiliates, business partners and/or any of other persons where we deem disclosure necessary to give effect, complete, verify or restrict a transaction or Instruction;

16.1.2     to comply with laws, regulations, government agencies and authorities in Malaysia and elsewhere including court orders and requests;

16.1.3     to protect and/or defend our rights and our property; or

16.1.4     to protect the interests of the public including but not limited to the detection of crimes and the apprehension of criminals; or

16.1.5     where we deem disclosure necessary to give effect, complete, verify or restrict a transaction or Instruction,

16.2        We will take the necessary steps with respect to the confidentiality of the information transmitted by you through CIMB Gateway, however, you agree and acknowledge that we do not make any warranties in respect of the same and you hereby agree to accept the risk associated with the use of the internet medium including but not limited to the risk that all information transmitted through CIMB Gateway may be accessed by unauthorised third parties and accordingly, you agree not to hold us responsible or liable for any such unauthorised access, theft of information or any Loss resulting therefrom.

17. Software and Hardware Upgrade

17.1 The Bank hereby reserves the right to change the type or versions or specifications of any device, hardware or equipment that you may be required to use and access CIMB Gateway and in the event that you are not able to meet such requirements, the Bank may reject your Instructions and forthwith terminate your use and access of the CIMB Gateway.

18. Force Majeure

18.1 In the event that the Bank is unable to observe or perform the Terms, whether in whole or in part, by reason of causes beyond its reasonable control including (but not limited to) equipment, connectivity and utility failure and other disorder, system or transmission link malfunction or failure, fire, flood, explosion, acts of elements, acts of God, acts of terrorism, war (declared or undeclared), accidents, epidemics, strikes, floods, sanctions, lockouts, power blackouts or failure, labour disputes, acts, demands or requirements of the Malaysian Government or by any other causes which it cannot reasonably be expected to avoid, the performance of the Bank's obligations under the Terms as they are affected by such causes shall be excused for the duration of the abovementioned disabling events. Further, The Bank shall not be liable for any Loss or delay or inconvenience whatsoever and howsoever caused or arising from or in connection with any of the abovementioned disabling events.

19. Evidence

19.1        You agree not to dispute the validity, accuracy or authenticity of any evidence of your Instructions and communications transmitted electronically between the parties, including such evidence in the form of the Bank’s computer records or transaction logs, magnetic tapes, cartridges, computer printouts, copies of any communication, or any other form of information storage.

19.2        Except in the event of manifest error or fraud, you agree to refer to and to treat all such records or transaction logs, magnetic tapes, cartridges, computer printouts, copies or other form of information storage as conclusive evidence of all of your Instructions and other communications received or sent by the Bank. You further agree that all such records shall be binding upon yourself and that you will not be entitled to dispute the validity or authenticity of the same.

19.3        All such Instructions and communications that meet the operating standards and requirements of the Bank shall be deemed to be as good as, and given the same effect as, written and/or signed documentary communications.

20. Confidentiality of Org ID(s), User ID(s), Password(s) and Validation Code(s)

20.1        The Bank hereby reserves the right to issue any combination of letters and/or numerals for the Org ID(s), User ID(s), Password(s) and such other codes as the Bank thinks fit. The Org ID(s) and User ID(s) once issued shall not be subject to any change.

20.2        You shall solely be responsible for keeping the confidentiality of all Org ID(s), User ID(s), Password(s), Validation Code(s) and such other codes as the Bank thinks fit which have been issued to you in order to enable you to access CIMB Gateway and you shall be solely responsible for all Instructions effected (whether authorised or otherwise) through the use of such Org ID(s), User ID(s), Password(s), Validation Code(s) and such other codes as the Bank thinks fit.

20.3        You and your Signatory(ies) agree to take all precautions necessary to safeguard the Org ID(s), User ID(s), Password(s), Validation Code(s) and such other codes as the Bank thinks fit. You shall not disclose the aforesaid to any unauthorised person(s) or the staff of the Bank and shall keep it confidential at all times. You shall change the Password(s) and Validation Code(s) regularly and in particular, if the same has been disclosed to or discovered by any party. You and your Signatory(ies) shall memorise the Org ID(s), User ID(s), Password(s), Validation Code(s) and such other codes as the Bank thinks fit promptly upon receipt and thereafter destroying the document(s) advising you of the same. You shall inform the Bank immediately if there is any suspicion that any unauthorised person(s) has knowledge of the Org ID(s), User ID(s), Password(s), Validation Code(s) and/or such other codes as the Bank thinks fit, so as to prevent the fraudulent or unauthorised use of the Accounts, Designated Account(s) and/or CIMB Gateway.

20.4        The Bank shall be entitled at its sole and absolute discretion, to de-activate or revoke the use of such Org ID(s), User ID(s), Password(s), Validation Code(s) and such other codes as the Bank thinks fit at any time without assigning any reason and/or without prior notice to you. The Bank shall also be entitled to de-activate or revoke your use and access of CIMB Gateway if CIMB Gateway cannot be lawfully accessed after a number of attempts have been made using your Org ID(s), User ID(s), Password(s), Validation Code(s) and such other codes as the Bank thinks fit.

20.5        You will continue to be liable for any and all unauthorised Instructions and shall not dispute them until the Bank has taken the necessary steps, in accordance with its prevailing practice to prevent any Instructions from being effected through the use of such Org ID(s), User ID(s), Password(s), Validation Code(s) and such other codes as the Bank thinks fit.

20.6        The Bank may send the Org ID(s), User ID(s), Password(s) and such other codes as the Bank thinks fit to you via ordinary post or such other means as the Bank may, in its sole and absolute discretion deem fit. For the avoidance of doubt you shall hold the Bank harmless from and against any and all liability in the event that the Org ID(s), User ID(s), Password(s) and such other codes as the Bank thinks fit fail to reach you after despatch or if the same are disclosed to any unauthorised person(s) whilst in transit.

21. Currency Exchange Indemnity

21.1 In the event that the Designated Account(s) does not have sufficient funds to pay for any transactions in full, the Bank reserves the right to liquidate any of your foreign exchange positions and cancel the transaction and you shall be liable for any and all losses (including but not limited to foreign exchange loss), damages, charges (including replacement fees) and fees which may be incurred thereby.

22. Miscellaneous

22.1        If any provision contained in the Terms is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and the Terms shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof and the remaining provision shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance.

22.2        Our rights under the Terms (a) may be exercised as often as necessary, (b) are cumulative and not exclusive of any other rights under any applicable law, and (c) may be waived only in writing and specifically. Any delay in the exercise or non-exercise of any such right is not a waiver of that right.

22.3        In the event that we fail or neglect to enforce any provision or remedy under the Terms for whatever reason(s), we shall neither be construed as having waived our rights to enforce the same nor as having waived our rights to any continuing, succeeding or subsequent breach of the same or any other provision in the Terms.

22.4        You may not assign any right or benefit under the Terms without our prior written consent.

23. Governing Law and Jurisdiction

23.1 You agree that the Terms shall, at all times, be governed by and construed in accordance with the laws of Malaysia. Further, you agree to submit and be bound by the exclusive jurisdiction of the Courts of Malaysia.

TERMS AND CONDITIONS FOR SUBSCRIPTION, USE AND ACCESS OF CIMB GATEWAY PROVIDED BY CIMB ISLAMIC BANK BERHAD.