TERMS AND CONDITIONS OF SUBSCRIPTION AND ACCESS TO 1PAY

The Customer's subscription and access of the 1PAY shall be subjected to the Terms & Conditions stipulated herein. These terms and conditions set out the rights and obligations of you being the Customer and us, the Bank in connection with the use of 1PAY provided in your Electronic Current Account-i (eCA-i). All terms and conditions stipulated herein are legally binding and you are required to read them carefully before you accept and agree to the following terms and conditions.

1.0

1.1 Definitions:

"1PAY" means the online internet banking services provided by the Bank from time to time which may be accessed by the Authorized User and any other electronic means approved by the Bank.
"Account" means any one or more of the Customer's savings, Kad Rakyat, financing, investment or any other accounts which the Customer has or may have with the Bank.
"Authorized User(s)" means the Customer and/or any other person(s) duly approved and authorized by the Customer to access the1PAY including the Authorized Maker and the Authorized Signatory.
"Authorized Maker(s)" means a person (s) duly approved and authorized by the Customer to create payment which may include but not limited to the Customer and the Authorized Signatory.
"Authorized Signatory(ies)" means a person(s) appointed by the Customer to create payment and/or to authorize payment, to instruct cancellation and stop payment which may include but not limited to the Customer.
"Bank" means Bank Kerjasama Rakyat Malaysia Berhada co-operative society registered under the Co-operative Societies Act, 1993 with its registered address at 3rdFloor, Bangunan Bank Rakyat, JalanTangsi, 50480 Kuala Lumpur
"Business Day" means any day from Monday to Friday on which the Bank is opened for business in Kuala Lumpur excluding public holidays.
"Charges" means all fees, commission, charges, costs and expenses required to be paid under the Terms by the Customer to the Bank from time to time.
"Customer" means the person in whose name the Designated Accounts are opened and maintained with the Bank.
"Designated Account(s)" means the electronic current account(s)-i (eCA-i) designated for the Customer or any other accounts which the Customer has or may have with the Bank for accessing the 1PAY Services at any time and from time to time.
"eCa-i Account" Electronic Current account(s)-i of the Customer maintained with the Bank at any time and from time to time.
"Effective Date" means the date on which the Authorized Signatory authorized and/or approved its complete instruction for payment to be credited and/or cash out by the Bank.
"Guaranteed Payment" Type of payment which is considered as confirmed / guaranteed by the Customer to be credited and/or cash out to the Payee. The Guaranteed payment consists of:-
(i) Auto Earmark; and
(ii) Earmark Option
"Internet Payment No(IPN No.)" Identification No. created by the system to the Customer to be given to the Payee for the purpose of claiming the Payment Services.
"Instructions" means any requests, authorizations, instructions, or communications in whatever form or manner given or transmitted to the Bank via the 1PAY or otherwise.
"Initial Payment Due Date" means the date that the Authorized User(s) intent to pay to the payee during payment creation.
"Loss" means all or any direct or indirect loss or damage (financial or otherwise)of whatever nature, type and extent (including without limitation, any direct, indirect, special, incidental or consequential damages, loss of profits or loss opportunity)
"Network Service Provider" means any Internet service provider or commercial online service provider providing connection to the Internet.
"Normal Payment" Non-Guaranteed payment by the Customer depending on the availability of the Customer's fund.
"Password" means an Authorized User access key created by the Bank and known only to the Authorized User and the Bank's computer system which must be keyed in by the Authorized User to enable the Bank's computer system to authenticate the Customer's User ID before granting the Authorized User access to the 1PAY.
"Payee" the payment recipient named by the Customer under cash payment / fund transfer.
"Payment Services" Services provided under 1PAY consisting of:-
(i) Funds Transfer;
(ii) Cash Payment Over the Bank's Counter; and
(iii) Cheque Purchase
"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 1PAY website and are at all times protected by copyright, trademarks, service marks, patents and any other applicable intellectual property or proprietary rights.
"Ringgit Malaysia or RM" means the lawful currency of Malaysia.
"Terms and Conditions" means these terms and conditions of subscription and access of the 1PAY including any amendments, additions, variations, modifications or deletions made at any time and from time to time imposed by the Bank and shall refer to the terms and conditions prevailing at that time.
"Third Party Account(s)" means any one or more of the accounts of third parties opened and maintained at any branches of the Bank and/or any other Bank to which the Customer wishes to make fund transfers.
"Unauthorized Contents" means any materials, data, communication and/or information which is/are illegal, unlawful or contrary to public or the Bank's interests including any abusive, defamatory, infringement of rights, criminal offence or civil liabilities, racism, promotion of hatred, pornography or pedophilia, or contains any viruses or deleterious files.
"User ID" means a name created by the systems which must be keyed in by the Customer to enable the Bank's computer system to associate the Customer with the Customer's Users profile and Accounts.
"Security Code" means the unique identification code(s) assigned by the Bank to the respective Authorized User for the purposes of accessing and utilizing the 1PAY comprising of the Password, Users ID, Secret Phrase and includes any other security codes as the Bank may issue at any time and from time to time.

1.2 Interpretation:

In the interpretation of these Terms and Conditions:

  • (a) Words importing the singular shall include the plural and vice versa and those importing the masculine gender shall include the feminine gender and neuter gender and vice versa.
  • (b) The subtitle headings and the division of provisions into sections and clauses in these Terms and Conditions are for ease of reference only and shall not be considered in the interpretation of the substantive provisions of these Terms and Conditions.
  • (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 and Conditions shall include a reference to his / her successors in subtitle and permitted assigns.
  • (e) In the event there is any conflict in the interpretation of these Terms and Conditions and any translation of these Terms and Conditions in any other language, the English version of these Terms and Conditions shall prevail.

2.0

2.1 To be eligible to subscribe for the 1PAY:-
For Individual / Joint Account Customer:-
(a) must be Eighteen (18) years of age and above;
(b) must have at least one Designated Account maintained with the Bank.
(c) the Designated Account(s) which the Customer intends to link to the 1PAY are those which can be operated at least by one Authorized Signatory.
(d) must submit the duly completed application form for the 1PAY together with all other supported documents requested by the Bank.

For Non-Individual Customer;
(a) must be a duly registered company/enterprise/cooperative/sole proprietor/partnership/government agency/association/society and/or any other organization approved by the Bank;
(b) must attach the Board of Directors' Resolution and/or any other documents acceptable by the Bank specifying the Authorized Users(s) and the Authorized Signatory to have access for 1PAY and to operate and manage the Designated Account;
(c) must have at least one Designated Account maintained with the Bank;
(d) the Designated Account(s) which the Customer intends to link to the 1PAY are those which can be operated at least by one Authorized Signatory
(e) must submit the duly completed application form for the 1PAY together with all other supporting documents requested by the Bank from time to time.

2.2 The Bank has the sole and absolute discretion to accept or reject the Customer's application without having to disclose its reason for doing so or to respond to any request for information.

3.0

3.1 The 1PAY is provided on these Terms and Conditions. The Bank reserves the right to amend, add to, vary or delete any or all of these Terms and Conditions, and/or vary or terminate all or any part of or the scope of the 1PAY, and/or offer new or additional products or services at any time and from time to time at its absolute discretion with prior notice.

3.2 The Customer agrees that in compliance with the shariah principles, the Bank has the sole and exclusive right to cancel and/or terminate and/or block any transaction which falls within the list of identified Shariah non-compliant parties.

3.3 These Terms and Conditions shall be read together with the terms, conditions, rules and regulations governing and regulating the Accounts and the Electronic Current Account-i (eCA-i).If there is any inconsistency between the terms, conditions, rules or regulations of the Accounts and the Electronic Current Account-I (eCA-i) and these Terms and Conditions, these Terms and Conditions shall prevail.

3.4 The Customer agrees to properly maintain and comply with the relevant Account Terms and any other rules and/or regulations governing the Customer's Account(s) maintained with the Bank.

4.0

4.1 The Customer agrees that the use of the 1PAY or any part thereof by the Customer constitutes the agreement to and receipt of these Terms and Conditions as well as the acknowledgment and acceptance by the Customer of the inherent risks associated with carrying out transactions through the Internet.

4.2 The Customer agrees to use the 1PAY solely as provided by these Terms and Conditions.

5.0

5.1 The Customer shall not, at any time attempt or assist, whether directly or otherwise, any person to transmit any Unauthorized Contents. If at any time the Customer is aware or suspect the occurrence of any of the aforesaid activities, the Customer shall notify the Bank immediately.

5.2 The Bank may but are not obliged to monitor, supervise or review the Customer's access of the 1PAY. The Bank reserves the absolute right to edit or delete any Unauthorized Contents which violate any of the provisions in these Terms and Conditions without notice and without any liability whatsoever to the Customer for doing so.

5.3 The Customer agrees that access of the 1PAY shall at all times be in accordance with all legislations, laws and regulations governing the same.

6.0

6.1 The Customer hereby agrees that all the Property Rights in respect of the 1PAYshall at all times be owned exclusively by the Bank or the relevant third party vendors, advertisers, affiliates or any other third persons, where applicable.

6.2 The Customer agrees that it 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 the Property Rights without the Bank's 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, the Customer shall not insert a hyperlink on the 1PAYwebsite.

7.0

7.1 The Customer agrees to pay the Bank all Fees and Charges at such rates and on such terms as the Bank may stipulate from time to time in respect of the access of the 1PAY and the in event of any changes, the Bank will notify the Customer the same in writing not later than twenty one (21) calendar days prior to the effective date of implementation.

7.2 The Customer acknowledges that the Bank reserves the right to debit the Customer's Designated Account and/or any other Account(s) for any Fees and Charges including any Government charges, stamp duties or taxes payable as a result of the use of the 1PAY.

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

8.0

Upon activation of the 1PAY and subject to the Category of User and the Designated Account(s) being maintained in a satisfactory manner, the Authorized User will be able to access the following 1PAY services:-

8.1 Account Information:-
(a) obtain account transaction summaries, balances and information;
(b) request for current date transactions, transaction histories, account summaries and statement of accounts.

8.2 Payment Services:-
The Payment Services under the 1PAY consists of the following:-

(a) Funds Transfer
(i)transfer of funds from the Designated Account(s)to Third Party Account(s) maintained with the Bank (Intrabank);
(ii)transfer of funds to Third Party Account(s) maintained with other Bank (Interbank) or through any electronic channels
such as IBG, RENTAS and any other mode recognized and approved by the Bank ;
(iii)transfer of funds from the Designated Account to any other Customer's Account (including the eCA-i Account)
maintained with the Bank and/or any other Bank.
(ii)all the transfer of funds above is subjected to such limits and conditions on each transaction as may be imposed
and/or revised by the Bank at its absolute discretion at any time and from time to time

(b) Cash Payment Over the Bank's Counter;
(i)payable to any individual;
(ii)the Bank will allow the cash payment to the Payee upon verification of the correct IPN No. given by the Customer.

(c) Cheque Purchase:-
(i)the Customer has function to request for Cheque Purchase with the Bank;
(ii)cheque purchase is ready for collection by the Customer and/or any other person duly approved and/or authorized
by the Customer subject to prior notice by the Customer to the Bank.
(ii)the cheque is available for collection after one (1) business day upon complete authorization from the Authorized Signatory.

8.3 Payment type options under the Funds Transfer and Cash Payment Over the Bank's Counter granted to the Customer is as follows:-

Option 1 -
(i)Guaranteed Payment (Auto Earmark):- For Cash / Fund Transfer of which the payment is to be credited and/or cash out within
three (3) days from the date of payment created by the Authorized User. The system will hold the amount requested until the payment is made.
(ii)Guaranteed Payment (Earmark Option):- For Cash / Fund Transfer of which the payment is to be credited and/or cash out more
than there (3) days from the date of the payment created by the Authorized User. In the event the Authorized User opted for earmark option,
the payment is considered as confirmed / guaranteed by the Customer and the system will hold the amount until the payment is made.

Option 2 -
(i)Normal Payment:-For Cash / Fund Transfer of which the payment is to be credited and/or cash out more than 3 days from
the date of payment created by the Authorized User. This option is not guaranteed by the Customer but shall be depending
on the availability of the Customer's fund.

8.4 Notwithstanding the Payment Type Options mentioned above, the cash payment / funds transfer will only be credited / cash out to the Payee upon complete authorization by the Authorized Signatory ('Effective Date') which shall be available to the Payee for a period not more than six (6) months from the initial payment due date.

8.5 Additional Services:-
(a) alert and payment notification via email and/or SMS to the Authorized User and/or to the Payee;
(b) request for transaction history and inquiry, statement and payment status;
(c) cheque status enquiry and cheque return enquiry

9.0

9.1 1PAY can only be operated once the Authorized Signatory signed on using their Security Code irrespective whether the Customer is an individual account and/or Joint Account and/or non-individual account.

9.2 Subject to Clause 9.1 above, the manner of authorization for Payment Services are as follows:

For Individual and Joint Account Customer:
(i) during the authorization, the Authorized User needs to obtain a TAC Number through the Request Button;
(ii) TAC Number will be sent directly to the Authorized Signatory registered hand phone number in order to authorize 1PAY payment
instruction either to make payment and/or cancellation of payment and/or stop payment;
(iii) the authorization process is only deemed completed upon the authorization by the Authorized Signatory.
(iv) during the authorization process and prior to completion of the authorization process, the Authorized Signatory can cancel
and/or stop the instruction to make payment;

For Non Individual Customer:-
(i) during authorization, the Authorized Signatory needs to obtain a TAC Number through the Request Button;
(ii) TAC Number will be sent directly to the Authorized Signatory registered hand phone number in order to authorize 1PAY payment instruction
either to make payment and/or cancellation of payment and/or stop payment;
(iii) in the event that there is more than one Authorized Signatory, each of the Authorized User needs to obtain a TAC Number and complete
the task referred to in (ii) above;
(iv) only during the authorization process, any one of the Authorized Signatory may reject or cancel the proposed transaction without
the need to get the approval from the remaining Authorized Signatory.
(v) all Authorized Signatory must approve the transaction during the authorization process in order for the transaction to be completed
subject to compliance with the signatories approved by the Customer and its limits based on the Board of Directors' resolution and/or
any other documents submitted to the Bank;

10.0

10.1 The Customer agrees that the 1PAYwebsite may contain hyperlinks to third parties' websites, which are not under Bank control. These hyperlinks are provided for the Customer' reference only and do not represent in any way our endorsement, recommendation or sanction of the same. Accordingly, the Bank shall not be responsible or liable for the Customer's access of the same or any information or materials available therein. The Bank shall also not be responsible for any form of transmission or communication between the Customer and the said third parties or the Customer's participation or use of their information, materials, services or promotions. For this purpose, the Customer agrees to be solely responsible for the same or any portion thereof. Accordingly, the Customer is therefore advised to obtain independent professional advice at all times.

11.0

11.1 All contents and information which are available on the 1PAYwebsite 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 the Customer should seek professional advice at all times and obtain independent verification of the information and materials contained before making any decision based on any such information or materials.

11.2 The Bank does not make any express or implied warranties or representations, including but not limited to any warranties of title, non-infringement, merchantability, reliability and/or fitness for purpose, non-infringement or free from viruses in respect of the 1PAY, the material, information and/or functions therein, and expressly disclaims liability for errors or omissions in such materials, information and/or functions. No oral or written recommendation, statement or opinion given by the Bank, its servants or agents shall create a warranty in any way or increase the scope of this warranty. The Customer acknowledges that all transactions made through the 1PAY are done at the sole risk and responsibility and in reliance upon the Customer's own judgment and not upon any recommendation, statement or advice given by the Bank, and the Customer shall seek independent professional advice and obtain independent verification of the materials, information and/or functions provided herein. The Bank also does not warrant that the 1PAYwebsitewill meet the Customer's requirements, be uninterrupted, timely or secure.

11.3 The Bank shall not, at any time whatsoever, be liable to the Customer or any other person for any loss or damage arising from any interruption or unavailability of the 1PAYwebsite or the access of the 1PAYfor whatever reason other than due to the Bank's own willful default.

12.0

12.1 The Bank may treat and accept any or all Instructions received by us as Instructions properly authorized by the Customer, The Bank shall not be liable for any unauthorized or fraudulent Instructions received by the Bank. The Bank shall be under no obligation to check the authenticity of the Instructions or the authority of the person or persons giving them.

12.2 Where the Bank has reason to believe that an Instruction purporting to come from the Customer has not been properly authorized by the Customer or that a breach of security has occurred in relation to the Customer's access of 1PAY, the Bank reserves the right not to act, or to delay acting on the Instructions without being liable to the Customer for any Loss for so doing.

12.3 The Customer is responsible for the accuracy, correctness, authenticity and completeness of the Instructions. The Bank is not liable for any Loss or delay resulting from any breach, non-compliance or non-observance or mistakes of the foregoing.

12.4 The Customer is under an obligation to ensure safety and accuracy of his/hers/its password and the Bank shall not in whatsoever circumstances be held liable for the safety of the password provided.

12.5 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.

13.0

13.1 The Bank shall not be obliged to cancel or change any Instructions after the same have been transmitted to the Bank. The Bank shall use all reasonable efforts to act on such cancellation or change prior to the Bank's execution of such Instructions, but the Bank shall have no liability whatsoever if such cancellation, or change is not effected in time or could not be made. In the event that the Bank attempts to cancel or change any Instructions at the Customer's request, the Customer 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 cancellation or change until the Bank actually receives the notice of cancellation or change.

13.2 Cancellation of Payment Services
(i) Any cancellation must be made by the Customer through 1PAY systems; and
(ii) The cancellation can be made at any time before the payment is fully authorized by all the Authorized Signatories.
Such payment may be cancelled by at least one (1) of the Authorized Signatory.

13.3 Stop Payment Services
(i) any request for stop payment can only be made upon complete authorization by all the Authorized Signatory and must be made through 1PAY systems;
(ii) the Authorized Signatory is only allowed to request for stop payment provided that the payment has not been credited / cash out to
the Payee on the Effective Date or the payment has not been claimed by the Payee;
(iii) Stop payment must be performed by all the Authorized Signatory according to the authorized signatory group of the Customer.
(iv) The Authorized Signatory is not allowed to request for stop payment in the event the Cheque purchased by the Customer
has been printed out by the Bank and is available for collection.

13.4 The Payment Services would be ineffective for payment once it has been cancelled and/or stop for payment by the Authorized Signatory.

14.0

14.1 The Bank shall not be liable for any Loss incurred or suffered by the Customer or any third party by reason or arising from:-

  • 14.1.1 the Customer's inability to perform any of the transactions due to limits set by the Bank from time to time;
  • 14.1.2 any error, alteration, destruction of the Instructions, data or information to or from the Bank through the 1PAY;
  • 14.1.3 any intrusion or attack by any person or party on any hardware, software or system used in relation to the 1PAY, 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 the 1PAYor any part thereof;
  • 14.1.4 any restriction or prohibition on the access of the 1PAYby any laws or regulations of any country from where the Customer access the 1PAY;
  • 14.1.5 the insufficiency of funds in any of the Customer's Account;
  • 14.1.6 any default caused by internet browser providers or by internet service providers or their agents or sub-contractors;
  • 14.1.7 any breakdown or malfunction of any equipment, system or software used in connection with the 1PAY, 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;
  • 14.1.8 any use, misuse, purported use or misuse, loss, the theft or unauthorized use of any of the Security Codes and/or the purported use or misuse of the 1PAY;
  • 14.1.9 the Customer's failure to comply with the latest instructions, procedures and directions for access of the 1PAY;
  • 14.1.10 the corruption or loss of any data or instruction or in the course of transmission thereof;
  • 14.1.11 the funds in any of the Accounts are not available for utilization because it has been earmarked or provided to the Bank as security or the Bank is exercising its lien over the funds in the Accounts, 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;
  • 14.1.12 any fraud, criminal act, offence or violation of any law or regulation has been or will be committed; or
  • 14.1.13 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 the Customer's accessing the 1PAY website even if the Bank had been advised as to the possibility.

15.0

15.1 In addition and without prejudice to any of the other rights or remedies of the Bank, the Customer undertakes to indemnify and hold the Bank harmless from and against any and all Loss suffered or incurred by the Bank, as a result of any of the following:-

  • 15.1.1 any failure by the Customer to comply with the Terms; and/or
  • 15.1.2 the Bank acting in accordance with any Instructions or in any manner permitted under the Terms.

15.2 The Customer hereby agrees and acknowledges that the Customer's undertaking to indemnify the Bank shall survive any termination hereof.

16.0

16.1 The Customer agrees and acknowledges that the Bank reserves the sole right and discretion to suspend, terminate, withdraw or restrict, without any liability whatsoever, the access to all or any part thereof with notice without being obliged to provide any reason for the same.

16.2 Notwithstanding Clause 15.1, the Bank may immediately terminate, suspend or restrict the Customer's access including the Authorized User to the 1PAY if:-

  • 16.2.1 the Customer breaches or fails to observe any provision of the Terms and Conditions or where the provision of the 1PAYshall be contrary or prohibited by law or regulatory authority or body;
  • 16.2.2 the 1PAY has not been utilised by the Customer for such period as may be determined by the Bank at its absolute discretion;
  • 16.2.3 the Customer's fail to pay any Charges or fees when due;
  • 16.2.4 the Customer has provided the Bank with false or incomplete information;
  • 16.2.5 the Customer becomes or threatens to become or is in jeopardy of becoming subject to any form of insolvency administration;
  • 16.2.6 in our opinion, it is in the public interest to do so; or
  • 16.2.7 there are any directions or instructions from Bank Negara Malaysia or any other relevant authorities to the Bank to discontinue the 1PAYor the Customer's access to the 1PAYor to discontinue any internet banking services or Accounts which will affect 1PAYwithout assigning any reasons whatsoever by giving the Customer at least fourteen (14) calendar days prior written notice

16.3 The Customer agrees and acknowledges that the termination does not affect the Customer's liability or obligation in respect of the Instructions received by the Bank prior to such termination that have been processed or are being processed by the Bank.

16.4 The Customer further agrees and acknowledges that where an Instruction has been received by the Bank prior to such notice of termination but has not been processed, and the Customer's access to the 1PAYis thereafter terminated, the Bank shall not be responsible or liable forany failure to process the said Instruction.

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

16.6 Upon termination the Customer undertakes to return to the Bank within fourteen (14) days of the effective termination date, all Security Codes that may have been issued to the Customer in respect of the 1PAY.

17.0

17.1 The Bank reserves the right to change, modify, delete, amend, add or vary the Terms and Conditions which shall be binding on the Customer.

18.0

18.1 Unless otherwise specified, all notices and communications by the Bank in relation to the 1PAY may be given in any one of the following manners:

  • 18.1.1 by ordinary post to the Customer's last known address in the Bank's records and such notification shall be deemed received after Two (2) Business Days from the date of posting.
  • 18.1.2 by facsimile, email or other forms of instantaneous communication to the Customer's last known contact number or email address in the Bank's records and deemed received twenty four (24) hours from the time of transmission.
  • 18.1.3 by broadcasting a message on the Bank's Internet Banking information website and such notification shall be deemed effective from the first day of such broadcast; or
  • 18.1.4 if notified to the Customer in any other manner as the Bank shall at its absolute discretion deem fit.

18.2 Unless otherwise specified, all notices and communications to the Bank shall be in writing and signed by the Customer and sent to the Bank at the opening of the Designated Account with the Bank or in such manner as may be notified to the Customer from time to time and all notices from the Customer shall take effect only upon the Bank receiving the same.

19.0

19.1 The Customer agrees and acknowledges that the access to the 1PAYfrom outside of Malaysia may be subject to, among others:

  • 19.1.1 exchange control regulations of Bank Negara Malaysia;
  • 19.1.2 other fiscal or exchange control requirements of the country where the transaction is effected or requested; or
  • 19.1.3 other relevant laws and regulations of Malaysia and the country where the transaction is effected or requested.

19.2 The Customer is required to comply with such laws, rules and regulations when using the 1PAY.

20.0

20.1 The Customer agrees that the Bank may without further consent from the Customer disclose any information in respect of the Customer, the Instructions and the Customer's subscription and access to the 1PAY:-

  • 20.1.1 to any of the Bank's related corporations, branches, affiliates, business partners and/or any of other persons where the Bank deem disclosure necessary to give effect, complete, verify or restrict a transaction or Instruction;
  • 20.1.2 to Bank Negara Malaysia or other regulatory authorities in or outside Malaysia including court orders and requests;
  • 20.1.3 to protect and/or defend our rights and the Bank's property;
  • 20.1.4 to protect the interests of the public including but not limited to the detection of crimes and the apprehension of criminals; or
  • 20.1.5 where disclosure is required or permitted by laws.

20.2 Due to the nature of access via internet, the Customer agrees and acknowledges that the Bank does not guarantee or ensure and does not make any representations or warranties in respect of the confidentiality of the information and the Customer hereby agrees to accept the risk associated with the use of the internet medium including but not limited to the risk that all information transmitted through the 1PAYmay be accessed by unauthorized third parties and accordingly, the Customer agrees not to hold the Bank responsible or liable for any such unauthorized access.

21.0

21.1 If new or enhanced versions of any of the Security Codes necessary for the operation of the 1PAYare available or developed, the Bank reserves the right not to continue with the use of the previous Security Codes. In the event that the Customer fails to upgrade or use the enhanced version of the Security Codes as required by the Bank, the Bank may, in its sole and absolute discretion, reject the Customer's Instructions and forthwith terminate the Customer's access to the 1PAYwithout being liable to the Customer.

21.2 The Bank hereby reserves the right to change the type or versions or specifications of any of the Security Codes, hardware or equipment that the Customer may be required to access the 1PAYand in the event that the Customer is not able to meet such requirements; the Bank may reject the Customer's Instructions and forthwith terminate the Customer's access to the 1PAY without being liable to the Customer.

22.0

22.1 In the event that the Bank is unable to observe or perform the Terms and Conditions, whether in whole or in part, by reason of causes beyond its control including (but not limited to) equipment, system or transmission link malfunction or failure, fire, flood, explosion, acts of God, acts of terrorism, war (declared or undeclared), accidents, epidemics, strikes, floods, sanctions, lockouts, power blackouts or failure, labor disputes, acts, demands or requirements of the Malaysian Government or as a result of any international or supranational sanctions, or by any other causes which it cannot reasonably be expected to avoid, the performance of the Bank's obligations under the Terms and Conditions 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.

23.0

23.1 The Customer agrees not to dispute the validity, accuracy or authenticity of any evidence of the 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.

23.2 Except in the event of manifest error or fraud, the Customer agrees 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 the Instructions and other communications received or sent by the Bank. The Customer further agrees that all such records shall be binding upon the Customer and that the Customer will not be entitled to dispute the validity or authenticity of the same.

23.3 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.

24.0

24.1 The Bank hereby reserves the right to issue any combination of letters and/or numerals for any of the Security Codes as the Bank thinks fit. The Security Codes comprises of Users ID, Password and Secret Phrase which are unique and once issued shall not be subject to any change by the Customer unless directed to by the Bank.

24.2 The Authorized User shall solely be responsible for keeping the confidentiality of all the Security Codes which have been issued to the Authorized User in order to enable the Authorized User to access the 1PAY and the Authorized User shall be solely responsible for all Instructions affected by the Authorized Users (whether authorized or otherwise) through the use of such Security Codes.

24.3 The Customer shall ensure that the Authorized Signatory and the Authorized Maker take all precautions necessary to safeguard the Security Codes. The Authorized User shall not disclose the aforesaid to any unauthorized person(s) or the staff of the Bank and shall keep it confidential at all times. The Authorized User shall change the relevant password regularly and in particular, if the same has been disclosed to or discovered by any party. The Customer shall ensure that the Authorized Signatory and the Authorized Maker memorize the Security Codes promptly upon receipt and thereafter destroying the document(s). The Customer shall inform the Bank immediately if there is any suspicion that an unauthorized person(s) has knowledge of the Security Codes, so as to prevent the fraudulent or unauthorized use of the Accounts and/or the 1PAY. The Customer shall also inform the Bank immediately if there is any suspicion that the Authorized User operate and manage the 1PAY with unauthorized transaction.

24.4 The Customer will continue to be liable for any and all unauthorized 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 Security Codes. For avoidance of doubt, the Authorized User shall destroy the Security Codes upon termination of the 1PAY.

25.0

25.1 The Customer shall:-

  • 25.1.1 immediately inform the Bank in writing in the event of any losses, theft or damage to the Security Codes and until and unless the Security Codes are replaced, the Bank will not accept any instructions after receipt of such notification;
  • 25.1.2 immediately change the Users ID and Password if the Security Codes are exposed or suspected to be exposed to any person and the Bank shall not be held responsible or liable for any losses, damages or expenses which may be incurred or suffered in such circumstances;
  • 25.1.3 monitor the Designated Accounts regularly and verify that there are cleared and sufficient funds in the designated Accounts before performing any required transactions;
  • 25.1.4 immediately inform the Bank of any inaccuracy or irregularity in any of the Designated Accounts; and
  • 25.1.5 at all times maintain such minimum balance in the Designated Accounts as may be required by the Bank, and in the event that any of balances falls below the requisite minimum balance, the Bank may at its absolute discretion impose a compensation based on the actual cost, suspend or terminate the utilisation by the Customer of the 1PAY.

26.0

26.1 Foreign exchange rates and such other rates and information, including but not limited to news and reports on such rates or information made available under the 1PAY is only indicative of the actual rates, quotes or information and are subject to change of currency volatility.

26.2 The Customer hereby agrees that the Customer will bear sole responsibility for any and all loss and damage arising from or in relation to the Customer's reliance on such news and reports in making decisions to undertake any transactions through the 1PAY.

27.0

27.1 The Customer hereby agrees that any conversion from one currency into another in connection with the 1PAY shall be effected in such and Shariah compliant manner as the Bank may in its sole and absolute discretion deem fit and at the Bank's then prevailing rate of exchange. The Customer further agrees that any actual loss, cost, approved charge and risk resulting from the conversion of one currency into another in connection with the 1PAY shall be borne solely by the Customer and the Customer hereby authorizes the Bank to debit any such loss, cost or charge to any of the Customer's accounts (whether linked to 1PAY) with the Bank.

27.2 In the event that the Accounts does not have sufficient funds to pay for any transactions in full, the Bank reserves the right to liquidate any of the Customer's foreign exchange positions and cancel the transaction and the Customer 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.

27.3 Any amount received or recovered by the Bank in respect of any sum due to it from the Customer under this Terms and Conditions in a currency ("Foreign Currency") other than the specified Currency ("Contractual Currency") for any transaction shall only constitute a discharge to the Customer to the extent of the amount in the Contractual Currency which the Bank is able, in accordance with its usual practice, to purchase with the amount so received or recovered in the Foreign Currency on the date of such receipt or recovery (or, if it is not practicable to make such purchase on such date, on the first date on which it is practicable to do so). If that amount in the Foreign Currency is less than the amount in the Contractual Currency due to the Bank under this Terms and Conditions and Conditions, the Customer shall indemnify the Bank from and against any and all actual loss that may be sustained by the Bank.

28.0

28.1 The Customer hereby consent and agrees that the Bank may use the Customer's data for the purpose of marketing and statistical analysis on the related range of products or services offered by the Bank provided always that this consent and authorization may be withdrawn at anytime by the Customer by giving ample prior written notice to the Bank.

29.0

29.1 The Customer agrees that the Bank may disclose any information in respect of the Customer, the Instructions and the Customer's subscription and access to the 1PAY:-

  • (i) to any of the Bank's related corporations, branches, affiliates, business partners and/or any of other persons where the Bank deem disclosure necessary to give effect, complete, verify or restrict a transaction or Instruction;
  • (ii) to Bank Negara Malaysia or other regulatory authorities in or outside Malaysia including court orders and requests;
  • (iii) to protect and/or defend our rights and the Bank's property; or
  • (iv) to protect the interests of the public including but not limited to the detection of crimes and the apprehension of criminals; or
  • (v) where disclosure is required or permitted by laws,

29.2 Due to the nature of access of 1PAY, the Customer agrees and acknowledges that the Bank does not guarantee or ensure and does not make any representations or warranties in respect of the confidentiality of the information and the Customer hereby agrees to accept the risk associated with the use of the 1PAY including but not limited to the risk that all information transmitted through the 1PAY may be accessed by unauthorized third parties and accordingly, the Customer agrees not to hold the Bank responsible or liable for any such unauthorized access.

30.0

30.1 If any provision contained in the Terms and Conditions is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and the Terms and Conditions 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.

30.2 The Bank's rights under the Terms and Conditions(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.

30.3 In the event that the Bank fails or neglects to enforce any provision or remedy under the Terms and Conditions for whatever reason(s), the Bank 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 and Conditions.

30.4 The Customer may not assign any right or benefit under the Terms and Conditions without the Bank's prior written consent.

31.0

31.1 The Customer agrees that the Terms and Conditions shall, at all times, be governed by and construed in accordance with the laws of Malaysia. Any dispute arising in respect of the 1PAY and these Terms and Conditions which cannot be resolved in the manner stipulated herein shall be referred to the Courts of Malaysia situated in Kuala Lumpur or the courts of such other competent jurisdiction as the Bank may at its absolute discretion elect to submit and the service of any legal process may be effected in any manner permitted by law.