TERMS AND CONDITIONS GOVERNING ACCESS AND USE OF Citibank® Online
Please read carefully before use
CONTENTS
A. INTRODUCTION PART
B. DEFINITIONS PART
C. OPERATIONAL RULES
D. GENERAL TERMS AND CONDITIONS
E. CITIGOLD WEALTH MANAGEMENT BANKING AND ONLINE SERVICES
PART A: INTRODUCTION
Citibank Online enables me to have direct access to my Account(s) or to effect certain banking or payment transactions or to access such other financial tools and/or services as Citibank may from time to time determine, by electronic means via the use of my Customer Terminal. These services are available to me as an existing Customer of Citibank, subject to Citibank's conditions, limits and procedures whether contained in these Terms and Conditions or as prescribed by Citibank from time to time at your absolute discretion.
These terms and conditions govern my rights and obligations, as the Customer, and yourselves, Citibank, in connection with the access and use of Citibank Online. By accessing this Website or using the services provided by Citibank Online, I HEREBY ACKNOWLEDGE AND ACCEPT that my access and use of Citibank Online shall be governed by these Terms and Conditions. In addition, my access and use of Citibank Online shall be governed by the Account Terms and Conditions ("applicable Account Terms and Conditions") and any other specific rules, procedures, terms and conditions for the products, services or facilities offered as determined or as may be amended by you at your absolute discretion. I FURTHER ACKNOWLEDGE AND AGREE that the applicable Account Terms and Conditions (including without limitation, those provisions on liability, disclaimer, indemnity, severability, force majeure, etc.) and such other specific rules, procedures, terms and conditions as set out in the preceding sentence shall apply, mutatis mutandis, to these Terms and Conditions. In the event of any inconsistency or conflict between the applicable Account Terms and Conditions, Citibank's rules, procedures, terms and conditions as determined from time to time, AND these Terms and Conditions, these Terms and Conditions shall prevail (unless specifically provided otherwise).
PART B. DEFINITIONS
In these Terms and Conditions, the following terms and expressions shall have the following meanings unless the context requires otherwise:
"Account(s)" or "my Account(s)" means any one or more of my eligible account(s) held with Citibank (including without limitation my current, savings, fixed deposit, Time Deposit, investment, loan and/or Card(s) accounts), which Citibank permits me to access through Citibank Online in accordance with Citibank's procedures as determined by you from time to time.
"Business Day(s)" means any day(s) on which Citibank in Kuala Lumpur, Malaysia is open for business.
"Card(s)" or my "Card(s)" means my validly issued and unexpired VISA credit card bearing the VISA logo and/or any relevant service marks licensed by VISA International or my validly issued and unexpired MasterCard credit card bearing the MasterCard logo and/or any relevant service marks licensed by MasterCard International, issued by Citibank, with my name and Card and/or Card Account number imprinted or embossed on the Card.
"Citibank Online" means the electronic banking services described in Clause 2.4 which are made accessible by you through this Website in accordance with and subject to these Terms and Conditions.
"Citibank Online Use" means any access and/or use (as evidenced by the use of the PIN and and/or otherwise in accordance with any identification or security procedures specified by Citibank from time to time) of any of the products, services, information or content found in Citibank Online.
"CitiGold Member" means any person who (a) holds one or more Citibank Account(s) with a combined daily average balance of deposits and investments of at least RM300,000 or such other amount as Citibank may determine in its absolute discretion without prior notice) and; (b) has been approved by Citibank to become a CitiGold Member pursuant to the relevant terms and conditions governing the application for CitiGold membership.
"Citigroup" means any of the branches of Citibank, Citibank NA, or Citigroup Inc., and/or any associate, parent, holding, affiliate, related company or subsidiary of Citibank, Citibank NA, or of Citigroup, Inc.
"Confirmation" means any positive confirmation, non-acceptance, acknowledgement, rejection, cancellation or reply by Citibank to the Customer.
"Customer" means any existing customer of Citibank who holds one or more Account(s) and includes such persons using my PIN for the purpose of accessing and/or using Citibank Online. A Customer includes a Citigold Member.
"Customer Terminal" means any computer or other device (including PCs, notebooks, laptops, personal digital assistants, mobile phones and the like) from which I access and use Citibank Online and this Website from time to time.
"Exchange Control Regulations" mean the Exchange Control Act 1953 (Revised in 1969), the Exchange Control Rules and any and all guidelines and/or regulations issued by Bank Negara Malaysia on exchange or currency controls from time to time.
"Instruction(s)" means Fund Transfer Instructions (as defined in Clause 3.1.2), Bill Payment Instructions (as defined in Clause 3.2.2) and/or any other instructions.
"Payee(s)" means a vendor, merchant, biller, person, corporation or entity whose names are set out in the 'Bill Payment' section of this Website and whose bills can be paid through Bill Payments.
"PIN" or "my PIN" means the Citicard ATM-PIN, Card PIN or any other security code as you may from time to time authorise, to enable me to access and use Citibank Online and/or this Website in accordance with the procedures and prompts set out in Citibank Online or this Website or as otherwise determined by you.
"Statement Date(s)" means the date on which the statement of accounts in respect of any one of my Account(s) is issued.
"Terms and Conditions" means these Terms and Conditions governing access and use of Citibank Online as may be amended from time to time and wherever applicable, shall include:
(i) any rules, procedures, terms and conditions for products, services or facilities, as determined by Citibank from time to time, and
(ii) any documents, directives, correspondence and agreements referred to in these Terms and Conditions and made a part thereof, together with any amendments made from time to time to any of the foregoing.
"Website" means the website found at www.citibank.com.my.
Use of the terms "Citibank", "you", "your", "yourselves" and "yours" refer to Citibank Berhad, Malaysia (Company No. 297089-M).
Use of the terms "I", "me", "my", "mine" and "myself" refer to a Customer.
PART C. OPERATIONAL RULES
1. ACCESSING MY ACCOUNT(S) THROUGH Citibank ONLINE
1.1Requirements
1.1.1
I may have access to Citibank Online so long as I have Accounts as may be determined by you from time to time and I have been issued/allocated with a PIN. As a Customer, I may access Citibank Online in accordance with Citibank's procedures and prompts set forth under the login section of this Website. Without limiting the generality of the foregoing, I acknowledge that you may at your absolute discretion refuse access to me without giving any reason and/or notice thereof.
1.2 My Pin and Other Security Codes
1.2.1
Where you in your absolute discretion make Citibank Online available to me, I shall be issued/allocated a PIN in any manner determined by you, if I do not already have one. In order to access Citibank Online, I need to key in my PIN into the Customer Terminal in accordance with the prompts and procedures set out in this Website.
1.2.2
I am responsible for keeping my PIN confidential, and I shall not at anytime or under any circumstances reveal my PIN to any unauthorised party and shall take all steps to prevent discovery and/or disclosure of my PIN by and/or to any unauthorised party. For security purposes, it is recommended that I memorise my PIN (instead of recording them down) and that I change my PIN regularly.
1.2.3
My PIN is confidential and constitutes my signature as Citibank cannot conduct manual comparisons of my actual signature. I acknowledge and agree that the PIN, or any changes made by me thereafter, is the means by which Citibank can identify me and that anyone using the PIN will be able to have access to and conduct transactions through Citibank Online.
2. SERVICE AVAILABILITY
2.1
Citibank Online will usually be available 24 hours a day, 7 days a week unless otherwise specified in these Terms and Conditions. Some or all of the services that may be accessed through Citibank Online may not be available at certain times due to interruptions for necessary banking operations and/or processing, or the maintenance and/or malfunction of Citibank system and/or reasons beyond the control of Citibank. Citibank makes no warranty that Citibank Online or any service provided thereunder will be available at the times stated herein.
2.2
In connection with Citibank Online or any service provided thereunder, you shall be entitled at your absolute discretion, without notice (save and except where notice is expressly required to be given under these Terms and Conditions), at any time to change the procedures, mode of operation or facilities available on Citibank Online or any service provided thereunder for any reason whatsoever and for any length of time and upon any conditions determined by you at your absolute discretion.
2.3
Nothing in this Clause 2 or elsewhere in these Terms and Conditions shall limit your right to immediately: -
(a) terminate, discontinue, withdraw and/or suspend my use or access of Citibank Online or any service provided thereunder without notice including those of security or quality of service; and/or
(b) impose conditions or restrictions on your use or access of Citibank Online or any service provided thereunder with notice, including those of security or quality of service.
2.4 List of Services
2.4.1
Subject to Clause 2.5, the following services may be accessible once Citibank Online is activated for me according to these Terms and Conditions and subject to the existence and continuation of my Account(s) with you:
- Fund Transfers & Bill Payments
- Request purchase of Manager's Cheques
- Transaction Recorded in Monthly Statement
- Obtaining Account Information and Transaction History
- E-Statement Facility
- Statement Request
- Checkbook Request
- Time Deposit Placement (Common Party)
- Information Services
- Financial Market Data
- Financial Articles and Newsletters
- Alerting Service
- Financial Tools and Services
- Financial Needs Analysis (FNA) Calculator
- Share Portfolio Tracker
- Citibank Reward Points Inquiry & Redemption
- Investment Products and Services
- Unit Trust Fund(s)
- Insurance Products
- Change Address
2.4.2
In addition to the services listed in Clause 2.4.1, the following services shall be accessible to CitiGold Members only and such access shall be subject to further Terms and Conditions as provided under Part E of these Terms and Conditions:
- CitiGold Wealth Planner /Portfolio tracker
- Financial, Market and World News
- Funds Performance Watch (Quarterly)
- Tactical Investment Strategy (Periodic)
- Malaysia Market Weekly
- Financial Market Analysis
- International Market Round-Up
- Special Report
2.5
The services specified in Clause 2.4 above are the current Citibank Online services provided by us. We reserve the right at any time to amend, add to, terminate, suspend, withdraw or revise any or all of the services specified in Clause 2.4 herein or in this Website, whether with or without notice. I understand that Citibank Online will be implemented in phases and I agree that I am responsible for acquainting myself with the full range of services currently available through Citibank Online at any one time.
2.6
I am also responsible for acquainting myself with the detailed guidelines and procedures for using each service provided under Citibank Online as more fully set out in any user guides and/or brochure that Citibank may issue from time to time and Citibank shall not be liable for any errors caused by my use of the services provided under Citibank Online.
2.7
You reserve the right to (a) terminate, suspend, withdraw, access and/or use of any one or more of the services or functions at any time without notice; and (b) add to or revise the terms and conditions of access and/or use of any one or more of the services or functions at any time with notice.
3. FUND TRANSFERS & BILL PAYMENTS
3.1 Fund Transfers
3.1.1
The Fund Transfers service as provided through Citibank Online ("Fund Transfers") allows me to transfer funds easily through Citibank Online in accordance with and subject to these Terms and Conditions, any applicable Account Terms and Conditions and any limits, conditions and procedures imposed and/or revised by you or the relevant authorities at their absolute discretion from time to time. The provisions set out in this Clause 3.1 may be revised from time to time by you with notice, unless specifically provided hereunder. I may use the Fund Transfers service provided that I am a Customer having an eligible Account. By accessing the Fund Transfers service I may conduct any or all of the following transactions:
a.
to transfer funds between my applicable Account(s);
b.
to transfer funds from my applicable Account(s) to the Citibank account of another customer of Citibank;
c.
to transfer or debit specified sums of money from my applicable Account(s) to settle any outstanding amounts (or part thereof) under a Card statement issued by Citibank (whether issued to a third party or otherwise); and/or
d.
to transfer or debit specified sums of money from my applicable Account(s) towards payment of any outstanding amounts (or part thereof) under my loan Accounts and/or other Citibank loan accounts of another customer of Citibank
3.2.1
The Bill Payments service as provided through Citibank Online ("Bill Payments") allows me to pay bills easily through Citibank Online in accordance with and subject to these Terms and Conditions, any applicable Account Terms and Conditions and any limits, conditions and procedures imposed and/or revised by you or the relevant authorities at their absolute discretion from time to time. I may use the Bill Payments service provided that I am a Customer holding a Card and having an eligible Account. By accessing the Bill Payments service in accordance with your procedures I may make payment from any one of my Cards or applicable Accounts to any Payee in settlement of any bills issued by such Payee (whether issued to a third party or otherwise) in accordance with and subject to these Terms and Conditions. The provisions set out in this Clause 3.2 may be revised from time to time by you with notice, unless specifically provided hereunder.
3.2.2
I can request for the Bill Payments service by inputting instructions regarding the payment amount and any other items required by Citibank ("Bill Payments Instructions") in accordance with your prompts and procedures and in the manner set forth in Clause 3.3.1 below.
3.2.3
In relation to Bill Payments I accept and agree to the following: -
a.
that you may at your absolute discretion charge, withdraw or bill on my applicable Account(s) or, issue a cheque or otherwise make payment(s) to the relevant Payee(s) pursuant to my Bill Payment Instructions. I further acknowledge that you are not responsible for any interruptions, errors, omissions or delays in the issue or remittance of such cheque howsoever arising.
b.
that you have the absolute discretion to modify, vary, add or delete, without giving any reason and/or prior notice, the particulars of any Payee or any Payee from your list of Payees at the 'Bill Payment' section of Citibank Online and you shall not be liable for any loss or damage which I may suffer as a result of your actions. Any such modifications, variations, additions or deletions to the list of Payees shall not prejudice or affect any payment made, Bill Payment Instructions, or payment requests already completed prior to the modifications, variations, additions or deletions to the list of Payees.
c.
that all bills referred to in my Bill Payment Instructions are bills between myself (or a third party) and the Payee supplying the goods and/or services. You shall not at any time be deemed to be a supplier of the goods and/or services, an agent of the Payee (or any other party or corporation involved in Citibank Online e.g. the credit card companies) or a party to such contract at any time whatsoever. I understand that you are only providing me with a service or facility (without obligation) of effecting payment of bills that will be charged, withdrawn or billed on my applicable Account(s) and are not in any manner associated with or part of the actual transaction of the sale of the goods and/or services and/or the bills that arise therefrom.
3.3
General terms Applicable to Fund Transfers and Bill Payments
3.3.1
I agree to adhere to the following procedures when using Bill Payments and Fund Transfers:-
a.
Finalisation of Instructions
Once I have verified and finalised entry of my Instructions I shall click on the relevant button to submit my Instructions in accordance with your prompts and procedures. I agree that such Instructions shall be deemed fixed and finalised. I further agree that such Instructions shall become effective and binding on me and I shall raise no objection with respect thereto. Even if the payment transaction cannot be completed, or has resulted in error or in delay due to any error or incompleteness of the Instructions, Citibank shall not be held responsible or liable thereof.
b.
Checks
After each Instruction is finalised I am required to check the content(s) of the Instructions against the (i) summary report of the transaction displayed on my Customer Terminal screen, (ii) monthly statement of Accounts made available to me and/or (iii) transaction history ("Record of Transaction"). Should any discrepancy be found between the contents of any of the Record of Transaction and the relevant Instructions, I shall immediately notify Citibank. Pending investigations of such discrepancy, Citibank will treat the data recorded in the computer of Citibank as the correct content of the transaction.
c.
Dispute
If I disagree with any amount that has been charged/paid pursuant to an Instruction as indicated in the Record of Transaction, the same should be communicated to Citibank in accordance with the relevant Account terms and conditions and resolved in accordance with the dispute resolution procedures set forth therein.
3.3.2
Although you will endeavour to process the relevant Bill Payment Instructions and Fund Transfer Instructions forthwith you make no warranty that any of Instructions will be processed or that the Instructions will be properly made in accordance with the relevant Instructions until you respond with a positive Confirmation to me. If I do not receive a Confirmation (or any other confirmation) or if I have any queries on the status of my Instructions, I shall write to you via Citibank Online. In the meantime, I shall not repeat the Instructions for the same transaction unless and until a Confirmation (or any other confirmation) has been received by me. In circumstances where there is a deadline or where immediate payment is required I shall be responsible for making alternative arrangements for any Funds Transfer and/or Bill Payments payment . Citibank shall not be held liable or responsible to me or any third party for any delays or failure to transfer funds and/or to make payments to the Payee(s).
3.3.3
You shall not be obliged to carry out any Instructions (unless and until my applicable Account(s) or my overdraft facility (whichever is applicable) has sufficient funds or credit to transfer or pay the relevant amount(s) indicated under the relevant Instructions. Funds for ALL transfer and/or payment amounts will be immediately withdrawn from or charged on my applicable Account on the Business Day on which the Instructions was issued, or by the next Business Day, or such other day as you may at your absolute discretion determine.
3.3.4
You shall not be responsible for any charges imposed or any other claim made or action taken by a Payee or other third party in any of the following situations (and I hereby fully indemnify, defend and hold you harmless against any and all claims, demands, suits, actions, judgements, damages, costs, losses, expenses (including legal fees and expenses on a solicitor and client basis) and other liabilities arising from any one or more of the following situations-
a.
I do not have sufficient funds and/or credit in my Account(s) to give effect to fund transfer or bill payment according to the conditions and procedures imposed and/or revised by you at your absolute discretion from time to time;
b.
An order of court, governmental directive or regulation or legal requirement directs you to prohibit withdrawals from the relevant Account(s);
c.
My Account(s) is/are closed or any funds in my Account(s) have been put on hold;
d.
My use of the Bill Payments service and/or Fund Transfers service will cause the balance of my applicable Account(s) to go over the credit limit for any credit arrangement(s);
e.
I have not provided you with complete and correct Instructions according to the conditions and procedures imposed and/or revised by you at your absolute discretion from time to time, including without limitation the name, address, account(s) number, and payment amounts for the Payee in respect of the Bill Payment Instructions;
f.
I did not correctly use Citibank Online;
g.
Circumstances beyond your reasonable control (such as fire, flood or improper transmission or handling of payments by a third party) prevent the processing of the Fund Transfer Instructions and Bill Payment Instructions, despite reasonable precautions taken by you;
h.
The Payee mishandles, delays or does not, for any reason whatsoever, receive a payment sent by you.
i.
Any changes to the address or other particulars of the Payee(s) and/or the beneficiary of the Fund Transfer Instructions; and
j.
The Fund Transfers service and/or Bill Payments service or Citibank Online is temporarily unable to receive or process the relevant Instructions for any reason whatsoever.
3.3.5
You reserve the right to refuse or terminate my access and use of the Fund Transfers and/or Bill Payments at any time without notice. I will indemnify you against any loss which you incur as a result of my act or omission in relation to or arising out of my access or use of the Fund Transfer service and/or Bill Payment service.
3.3.6
You may, however, at your absolute discretion and from time to time upon giving notice, impose transfer and payment limits or revise the transfer and payment terms and conditions. I further authorise you to withdraw, charge or debit from my Account(s) all sums due and owing, including any access or use fees, incurred under or pursuant to the Fund Transfers and/or Bill Payments or these Terms and Conditions.
3.3.7
All Fund Transfer Instructions and Bill Payment Instructions received by you shall be processed at your absolute discretion. You reserve the right to refuse to act on any Instructions for any reason whatsoever, even though you have received such Instructions from me.
3.3.8
Fund Transfers and Bill Payments shall only be available to me for transactions in Ringgit Malaysia.
4. REQUEST PURCHASE OF MANAGER'S CHEQUE(S)
4.1
I can use Citibank Online to request to purchase Manager's Cheque(s) as provided through Citibank Online ("Manager's Cheque(s)") subject to the applicable fees and charges.
4.2
Any request to purchase Manager's Cheque(s) received by you on any non-Business Day or after 3.30pm on any Business Day will be deemed received on the following Business Day.
4.3
The currency of any Manager's Cheque(s) issued under or pursuant to Citibank Online shall be in Ringgit Malaysia.
5. TRANSACTOIN RECORDED IN MONTHLY STATEMENT
5.1
You will not print or issue any advice or confirmation for any transaction(s) conducted via Citibank Online on each and every occasion that a transaction is conducted. However, all my transactions that are conducted via Citibank Online will be recorded in the relevant monthly statements which will be issued to me by you on a monthly basis. I may produce a printout of any one of my transaction(s) conducted via Citibank Online from my Customer Terminal. For the avoidance of doubt, nothing in this provision shall prevent you from issuing any advice or confirmation for any transaction conducted via Citibank Online on a case-by-case basis or as you may determine in your absolute discretion.
6. OBTAINING ACCOUNT INFORMATION AND TRANSACTION HISTORY
6.1
I can use Citibank Online to access and view information, transaction history and the account balance of any one of my eligible Account(s), whereby all financial information displayed will be shown in Ringgit Malaysia.
7. E-STATEMENT FACILITY
7.1
I may use the E-Statement Facility as provided through Citibank Online ("E-Statement Facility") provided that (a) I enrol myself in accordance with Citibank's enrolment procedures and prompts set forth under this Website and (b) my application to so enrol has been approved by you. You have the absolute discretion, without giving any reason or notice, to reject any request for my enrolment for the E-Statement Facility.
7.2
Upon my successful enrolment, I may access the E-Statement Facility which will allow me to access and view my monthly (or such other period as determined by Citibank) statement of Account(s) in electronic form through my Customer Terminal ("Electronic Statement"). The Electronic Statement shall only be made available to me for viewing for a period of ninety (90) days (or for such period as determined by Citibank and notified to me) from the Statement Date. I accept and agree that the applicable Statement Date on which the Electronic Statement is issued or made available to me, shall be deemed the date on which such Electronic Statement is delivered to and received by me.
7.3
As a consequence to my successful enrolment to the E-Statement Facility, I accept that the paper based statement of the relevant Account(s) will cease to be (a) generated with effect of the Statement Date immediately following the date of my enrolment for the E-Statement Facility; and (b) sent to my last known or recorded mailing address. Notwithstanding the aforesaid Citibank may, in its absolute discretion, send to me the paper-based statement of any one of my Account(s) to my last known or recorded mailing address.
7.4
I agree to examine and view my Electronic Statement online in a timely and prompt manner. If there is any delay or failure in the issuance of the Electronic Statement ("Non-receipt") or there is any error, irregularity, discrepancies, claims or unauthorised debits or items appearing in the Electronic Statement ("Error"), I shall notify Citibank immediately by sending to Citibank an e-mail via Citibank Online or calling Citibank's 24-Hour CitiPhone Banking at the telephone number listed on this Website. If any Non-receipt or Error is not reported to Citibank within the period set forth in the applicable Electronic Statement I shall be deemed conclusively to have accepted all the matters contained in the Electronic Statement to be true, accurate and correct in all respect.
7.5
In some circumstances or upon the occurrence of certain events you reserve the right to terminate my enrolment for access to the E-Statement Facility. Furthermore, I may terminate my enrolment for access to the E-Statement Facility in accordance with Citibank's applicable procedures and prompts set forth under this Website. Upon termination for any reason whatsoever, you shall generate and send the paper based statement of the relevant Account to my last known or recorded mailing address on the Statement Date immediately following the date of termination.
7.6
In the event of termination of my enrolment for access to the E-Statement Facility I may re-apply to enrol for the E-Statement Facility in accordance with these Terms and Conditions and subject to the absolute discretion of Citibank to accept or reject my application.
8. STATEMENT REQUEST
8.1
I can use Citibank Online to request for paper based statements of any one of my Account(s), subject to applicable fees and charges, to be generated and sent to my last known or recorded mailing address.
9. CHEQUE BOOK REQUEST
9.1
I can use Citibank Online to request for and place online orders for cheque books in relation to relevant Accounts, subject to applicable fees and charges.
10. TIME DEPOSIT PLACEMENT (COMMON PARTY)
10.1
I may use the Time Deposit Placement facility as provided through Citibank Online ("Time Deposit Placement") provided that I have an existing Time Deposit account under the applicable Account Terms and Conditions with Citibank. You have the absolute discretion, without giving any reason or notice, to reject any request for my use of the Time Deposit Placement facility.
10.2
In the event that you allow me access to use the Time Deposit Placement facility, I may transfer funds from my savings Account(s) and /or current Account(s) held with Citibank, to a Time Deposit account, in accordance with the terms and conditions and procedures determined by you from time to time.
10.3
Any request to access and use this Time Deposit Placement facility that is received by you on any non-Business Day or after 3.30pm on any Business Day, will be deemed received on the following Business Day.
11.INFORMATION SERVICES
11.1
Financial Market Data
11.1.1
You may provide me with access to financial market data. In this context the term 'financial market data' includes without limitation any financial market news, stock quotes and/or market feeds. By requesting financial market data through Citibank Online, I agree that:
a.
financial market data may be supplied by a third party (hereinafter referred to as "Third Party Provider") and if so, then all proprietary rights in such financial market data are, owned by that Third Party Provider unless provided otherwise. Therefore, subject to such third party rights in the financial market data, Citibank (or our designee) owns all proprietary rights in and to the financial market data;
b.
you, any entity within Citigroup, and/or any other Third Party Provider do not guarantee the accuracy or reliability of such data and shall hold no responsibility nor liability for any loss, damage and/or other liabilities that I may suffer as a consequence of my reliance on or any inaccuracies, errors, omissions, delays, interruptions, non-performance in or any other problems pertaining to the financial market data, whether supplied by the Third Party Provider or by you;
c.
any financial market data made available to me by you is solely for my personal and lawful use and shall not be furnished to any other person or entity for any reason. My use of such financial market data is at my sole risk;
d.
any financial market data made available to me by you is for reference purpose only and does not constitute any offer or solicitation or advice to buy or sell any security;
e.
any financial market data made available to me by you does not constitute bank deposits or obligations of or guaranteed by Citibank or any other entity within Citigroup, and involve risks, including the possible loss of the principal amount invested. Prices of security and income distribution payable, if any, may go down as well as up; and
f.
any financial market data made available to me by you are not available to US Persons and may not be available in all jurisdictions.
11.1.2
I acknowledge and agree that you and any of the other Third Party Provider(s) reserve the right to suspend, block, withdraw or terminate my access and/or use of any or all of the financial market data at any time without notice.
11.1.3
I understand that "US Persons" has the meaning defined under the US Securities Act 1933.
11.2
Financial Articles and Newsletters
11.2.1
You may provide me with access to financial articles, newsletters, research materials, and other information resources as you may determine from time to time.
11.2.2
I accept and agree that Clause 11.1 above shall apply mutatis mutandis to this Clause 11.2.2 as if Clause 11.1 referred to financial articles, newsletters, research materials, and other information resources in place of financial market data.
12. ALERTING SERVICE
12.1
Alerting Service is a service which allows me to request and receive specific and timely prompts (collectively, "Alerts", individually, an "Alert") in respect of certain information provided by you from time to time.
12.2
I may be notified of each Alert via email, the Customer Terminal, the Short Messaging Service ("SMS") and/or other communications device (supported by certain communications network service providers only) subject to the relevant terms and charges of my Internet service provider and/or information/communications network service provider
12.3
Each Alert will be effective after you have processed my request. The time for processing Alerting Service shall be determined by you at your absolute discretion from time to time. I accept that each Alert may not be encrypted and may comprise my name and information pertaining to my Account(s).
12.4
I am fully aware that my receipt of each Alert may be delayed or prevented by factor(s) affecting the relevant service provider(s), mobile phone operator(s), communications network service provider(s), stock exchange(s), currency market(s) and such other relevant entities. I accept that you neither guarantee the delivery nor accuracy of the contents of each Alert. You shall not be liable to me or anyone else for losses or damages arising from (a) a non-delivery, delayed delivery or wrong delivery of each Alert; (b) inaccurate content of each Alert; or (c) my use or reliance on the contents of any Alert for any purposes including investment and business purposes.
12.5
You reserve the right, with or without notice, to terminate or refuse any request by me for any Alert at any time. The information in respect of any Alert may be subject to certain time lags and/or delays. The features of any Alert or this service may be varied or discontinued by you, whether with or without notice, at your absolute discretion from time to time.
13. FINANCIAL TOOLS & SERVICES
13.1
Financial Needs Analysis Calculator
13.1.1
I may use the Financial Needs Analysis (FNA) Calculator as provided through Citibank Online ("FNA Calculator") to make hypothetical calculations and as a guide to assess my financial position in respect of my retirement plans, my children's education and/or my major investment goals.
13.1.2
Any financial analysis or opinion(s) you may make available to me is based solely on information that I provide to Citibank. In the event that I rely on or make any investment decisions based on your financial analysis or opinion(s), I accept all risks or losses arising therefrom and will not hold you responsible or liable in any way. Further I accept that any information made available to me pursuant to my use of the FNA Calculator is solely for my own personal and lawful use.
13.2
Share Portfolio Tracker
13.2.1
I may use the Share Portfolio Tracker as provided through Citibank Online ("Share Portfolio Tracker") to periodically monitor and keep track of any financial market stocks and/or shares that I may own.
13.2.2
Any financial analysis, calculations or opinions that you may make available to me is based entirely on information and/or data that I provide to Citibank. I agree that I will not hold you liable or responsible for any losses or liabilities arising from investment decisions that I make in reliance of and/or based on your financial analysis, calculations or opinions
13.2.3
Further I accept that any information made available to me pursuant to my use of the Share Portfolio Tracker is solely for my own personal and lawful use.
14. CITIBANK REWARD POINTS INQUIRY & REDEMPTION
14.1
I may use the Citibank Reward Points Inquiry & Redemption as provided through Citibank Online ("Citibank Reward Points Inquiry & Redemption"), provided that I hold and maintain one or more Card(s) Accounts.
14.2
I acknowledge and accept that by using my Card(s), I shall be bound by any applicable terms and conditions relating to the Citibank Reward Points Inquiry & Redemption, including the "Citibank Core Rewards Terms & Conditions", "Citibank Blue Credit Card Rewards Program" or "Citibank Rewards Program" and/or such other terms and conditions as applicable to my Card and/or as determined by Citibank from time to time.
15. INVESTMENT PRODUCTS AND SERVICES
15.1.1
You may provide me with access to information resources relating to Unit Trust Funds and/or any other such funds that you determine from time to time, including without limitation any E-Prospectus(es) as defined in Clause 15.1.4), fund fact sheet(s) and/or report(s). I understand that "Unit Trust Fund(s) means any arrangement made for the purpose, or having the effect, of providing facilities for the participation of persons as beneficiaries under a trust in profits or income arising from the acquisition, holding management or disposal of any securities, futures contracts and/or any other property.
15.1.2
By requesting information resources relating to Unit Trust Fund(s) through Citibank Online, I understand and agree:
a.
that Unit Trust Funds (i) are not bank deposits or obligations of or guaranteed by Citibank or any other entity within Citigroup, and (ii) are subject to Investment Risk(s) (as defined in Clause 15.1.3), including the possible loss of the principal amount invested;
b.
that E-Prospectuses, fund fact sheets, reports and/or all other information resources relating to Unit Trust Funds, which are made available to me through Citibank Online, do not constitute nor are intended to constitute the distribution of any information or the making of any offer or solicitation by anyone in any jurisdiction in which such distribution or offer is not authorised or to any person to whom it is unlawful to distribute such E-Prospectuses, fund fact sheets, reports and/or all other information resources relating to Unit Trust Funds, or make such an offer or solicitation by Citibank or any entity within Citigroup ;
c.
that past performance in respect of any Unit Trust Fund(s) is not indicative of future performance and further that prices of Unit Trust Fund(s) and income distribution payable, if any, may go down as well as up;
d.
Unit Trust Fund(s) and any other investment products offered under Citibank Online are not available to US Persons and may not be available in all jurisdictions.
e.
that you, and/or any other entity within Citigroup do not guarantee the accuracy or reliability of the information resources relating to Unit Trust Fund(s) shall have no responsibility nor liability for any loss, damage and/or other liabilities that I may suffer as a consequence of my reliance on or any inaccuracies, errors, omissions, delays, interruptions, non-performance arising from the information resources relating to Unit Trust Funds made available through Citibank Online;
f.
that you may determine at your absolute discretion the scope and extent of information resources on Unit Trust Fund(s) that I may access through Citibank Online; and
g.
to read and understand the relevant E-Prospectus made available to me through Citibank Online.
15.1.3
I understand "Investment Risk(s)" to mean the potential for fluctuation in the value of any investment(s), which may be caused by any circumstances, including without limitation, interest rate fluctuation risk, foreign exchange risks, country and political risks, etc.
15.1.4
I understand "E-Prospectus(es)" to mean the valid and updated electronic prospectus(es) each of which relates to and contains information about the Unit Trust Funds that are accessible to the Customer through Citibank Online, and of which corresponding paper-based prospectus(es) (as defined in the Securities Commission Act 1993) have been registered with the Securities Commission, Malaysia.
15.2.1
I can access and view information resources relating to Insurance Products as provided through Citibank Online ("Insurance Products"), that you may determine in your absolute discretion.
15.2.2
By requesting information resources relating to Insurance Products through Citibank Online, I accept and agree:-
a.
to read and understand the relevant documents on the Insurance Products made available to me through Citibank Online;
b.
that the information resources relating to Insurance Products may be supplied by a third party and if so, then all proprietary rights in such financial market data are, owned by that third party provider unless provided otherwise. Therefore, subject to such third party rights in the said information resources you and/or other entities within Citigroup own(s) the proprietary rights in all the articles, newsletters, research materials and information resources relating to Insurance Products;
c.
that you and/or any other entity within Citigroup do not guarantee the accuracy or reliability of such information resources relating to Insurance Products shall not be held responsible or liable for any loss, damage and/or other liabilities that I may suffer as a consequence of my reliance on or any inaccuracies, omissions or other errors pertaining to the articles, newsletters, research materials and information resources relating to Insurance Products whether supplied by the third parties or you;
d.
that any information or data made available to me by you is solely for my personal and lawful use;
e.
Insurance Products are the obligation of the relevant insurance company/companies providing such Insurance Products;
f.
that the information resources relating to Insurance Products or the Insurance Products themselves do not constitute bank deposits or obligations of or guaranteed by Citibank or any other entity within Citigroup; and
g.
that the information resources relating to Insurance Products or the Insurance Products themselves which are made available to me through Citibank Online, do not constitute nor is intended to constitute the:
i.
making of any offer or invitation to subscribe for insurance products nor does it amount to solicitation by Citibank or any other entity within Citigroup for subscription of insurance products by persons in jurisdictions in which the making of such offer or invitation to subscribe or the solicitation thereof is not authorised or unlawful; and/or
ii.
distribution of any information or the making of any offer or solicitation by anyone in any jurisdiction in which such distribution or offer is not authorised/the Insurance Products themselves, or make such an offer or solicitation.
16. CHANGE OF ADDRESS
16.1
I shall be able to notify you when there is a change in my mailing, contact, or other addresses and particulars via Citibank Online in accordance with these Terms and Conditions. It shall be my obligation to inform you immediately in accordance with these Terms and Conditions where there is a change in my mailing/contact/other addresses or particulars at anytime. Requests received by you on any public holiday or after 3.30 p.m. on any Business Day will be deemed received on the following Business Day. I shall solely be liable for any losses, damages and/or expenses arising from my failure and/or omission to do so.
PART D : GENERAL TERMS AND CONDITIONS
17. MY INSTRUCTIONS & REQUESTS
17.1
I authorise you to act upon any Instructions and/or any requests which are identified by the use of my PIN. Such Instructions and/or requests, upon receipt by you, shall be effected in accordance with the procedures, limits and conditions determined by you from time to time. I hereby agree that any Instructions and/or requests received by you identified by the use of my PIN shall be deemed to have been issued by me notwithstanding that such Instruction(s) and/or requests may have been issued by a third party, whether authorised or otherwise, and that I shall be bound by such Instructions and requests.
17.2
You shall neither be liable for acting upon such Instructions and/or requests nor be obliged to investigate the authenticity or authority of persons effecting my Instructions and/or requests or verify the accuracy and completeness of my Instructions and/or requests. Such Instructions and/or requests shall be deemed irrevocable and binding on me upon your receipt notwithstanding any error, fraud, forgery, and lack of clarity or misunderstanding in respect of the terms of such Instructions and/or requests. I shall notify you immediately upon receipt of incomplete, garbled or inaccurate data or information from you. I shall also notify you immediately upon receipt of any data or information which is not intended for me and I shall delete such data or information from the Customer Terminal immediately.
17.3
I shall accept full responsibility for all transactions executed via Citibank Online and in particular for ensuring the accuracy and completeness of my Instructions and/or any requests.
17.4
I agree that you may at your absolute discretion, with or without prior notice, cancel or not execute any or all of my Instructions and/or requests at any time without giving any reason. I further agree that any requests by me to cancel, revoke or otherwise amend any earlier request of mine may not be executed by you if my earlier request has already been completed or executed at the time of receipt and execution by you of my request for cancellation, revocation or amendment or otherwise where it is outside Citibank's reasonable control.
17.5
You may, but are not obliged to, verify any Instructions and/or requests given via Citibank Online by sending an electronic mail or message to my given email address or calling me via telephone or by any other means.
17.6
Notwithstanding anything to the contrary stated herein, all Instructions and requests received by you shall be processed at your absolute discretion. I agree that proof of any transmission via Citibank Online shall not constitute proof of receipt thereof by you.
18. PROTECTING MY CARD(S) AND/OR MY ACCOUNT(S)
18.1
My role is of utmost importance in the prevention of any unauthorised use of or payment made using my Accounts. I must promptly examine my Account(s) statements upon receipt and immediately notify Citibank in the manner set out in the relevant Account terms and conditions if I discover any discrepancies, omissions or charges wrongly made to my Accounts or, if I believe my Card, Accounts or records of my personal identification information (including without limitation my PIN) have been lost or stolen, or someone has otherwise misused/used my Card(s) and/or Accounts without my permission. I agree that any such disputed or unauthorised payments (including refunds of any monies paid in excess) shall be dealt with and resolved between Citibank and myself.
18.2
In addition I shall take precautions to protect my Card details and personal identification information (such as my PIN, password(s) or other such security codes) as it is my responsibility to protect my Card details and personal identification information or security codes with the same level of care as I protect my Account(s) details. This information by itself or together with my Card(s) and/or my Account details may allow unauthorised access to and/or operation of my Account(s). I will also not leave the Customer Terminal unattended without first logging out of Citibank Online.
18.3
If my Card or records of my PIN, or Account details have been lost or stolen, or where someone has transferred or may transfer money from my Account(s) or has otherwise misused/operated my Account(s) without my permission, I shall comply with all procedures, terms and conditions prescribed by you with regard to my Account(s). I agree that all disputed or unauthorised payments made using my Account or Card details, my PIN or other security information shall be referred, as is applicable, to you for verification and resolution.
18.4
Without prejudice to any other provision under these Terms and Conditions, I shall indemnify, defend and hold you harmless from and against any and all claims, demands, suits, actions, judgements, damages, costs, losses, expenses (including legal fees and expenses on a solicitor and client basis) and other liabilities arising from, in connection with or related in any way to:
i.
my lost or stolen Card;
ii.
any unauthorised fund transfers and/or payments via Citibank Online as a result of my lost or stolen Card, PIN; or
iii.
any fund transfers and/or payments via Citibank Online using my Card number and details, my Account(s) number(s) and details, my PIN or other security information whether with or without my permission.
19. INTERNET COMMUNICATIONS
19.1
I agree that neither you, nor any entity within Citigroup is or shall be responsible for any electronic, mechanical, data failure or corruption, computer viruses, bugs or related problems that may be attributable to services provided by any relevant Internet service provider or information/communication network service provider.
19.2
All communications through Citibank Online which fulfil your internal requirements shall be deemed to be valid, accurate and authentic, and given the same effect as, written and/or signed documentary communications. I agree not to dispute the validity, accuracy or authenticity of any evidence of any Instructions and/or any other requests or communication effected by any Citibank Online Use, including such evidence in the form of your computer records, transaction logs, magnetic tapes, cartridges, computer printouts, copies of any communication, or any other form of electronic information storage. I further agree that the foregoing shall be conclusive evidence of such requests or communications effected by any Citibank Online Use and communications received or despatched by you.
19.3
I understand that any access to Citibank Online will be effected through the relevant Internet service provider or information/communication network service provider in the country from where such service is accessed, and to this extent such access will also be subject to and governed by the relevant laws and regulations of that country and any terms and conditions prescribed by such relevant Internet service provider or information/communication network service provider.
20. VARIATION OF FEES AND SERVICES
20.1
I agree to pay the fees and charges for access and use of Citibank Online. The fee and charges shall be as specified by you from time to time in this Website. You may at your absolute discretion, upon giving notice, and at any time without my prior consent:
a.
impose a fee or charge for any Citibank Online Use, and for any re-extension thereof; and
b.
modify, revise or increase any fee or charge already imposed for any Citibank Online Use Instructions and/or any other request or transaction initiated and/or completed via Citibank Online; and
c.
modify, restrict, withdraw, block or suspend any service or facility under Citibank Online at any time and for any period, whether temporary or not, without giving any reason therefor, and you shall not be liable to me for any loss or damage that I or any other party may suffer as a result thereof. and you shall not be liable to me for any loss or damage I or any other party may suffer as a result thereof. I agree that my continued Citibank Online Use is deemed my consent to the fees and charges stated in Clause 20.1.
20.2
For the avoidance of doubt, the fees and charges stated in Clause 20.1 apply to the fees and charges for the access and/or provision of Citibank Online or any product, service, information or content contained therein. It does not include any other bank charges, processing fees, administrative charges or other fees and charges imposed by you for any particular product and/or service (whether contained in Citibank Online or otherwise) that you may provide as a result of my Instructions and/or other requests or at my request, which fees and charges shall be borne by me in addition to the fees and charges stated in Clause 20.1. Such fees and charges shall, if applicable, be in accordance with the applicable Account Terms and Conditions or otherwise as specified by you. As such fees and charges may be modified from time to time, it shall be my responsibility to contact you from time to time for any information on fees and charges especially prior to my sending any Instructions and/or other requests to you under or pursuant to Citibank Online.
20.3
I agree that all payments made and fees, charges or other costs and expenses incurred hereunder, whether direct or indirect, as a result of my Fund Transfer Instructions, Bill Payment Instructions or otherwise resulting from Citibank Online Use (including without limitation any applicable governmental fees, taxes or levies, stamp duty, returned payments, disputes on amounts, etc) shall be charged to or withdrawn from my relevant Account(s) and payment for such amounts shall be dealt with and resolved in accordance with the relevant Card(s)'s or my Account(s)'s terms and conditions.
20.4
I confirm that in connection with Bill Payments, you shall not be responsible for any failure on the part of the Payee to refund any moneys to me in respect of my Bill Payment Instructions and/or request and my sole and exclusive recourse shall be against the Payee only.
21. USE OF INFORMATION
21.1
Citibank shall take reasonable measures to ensure the accuracy and validity of information relating to Citibank and Citibank's services, as mentioned herein under Clause 2, that is provided directly by Citibank.
21.2
Except as specifically provided herein and to the fullest extent permitted by any applicable laws, regulations, judicial or other governmental order, guidelines, directive or notice in Malaysia (including regulatory or other official bodies or entities to which Citibank is subject), I acknowledge and agree that you make no representations and/or warranties in respect of the products, services, information, advice and content relating to commercial, business or financial transactions, or investments, or any other information, material, content and other items (including all text, advertisements, graphics, data and links to other websites and also including products, services, information and content of third parties) contained in this Website or provided to me under or pursuant to Citibank Online ("Material") including without limitation, representations or warranties in respect of the quality, accuracy, adequacy, timeliness, fitness for any purpose or completeness of any of the Material.
21.3
I further accept and agree that the Material is and shall be provided to me on an "as is" and "as available" basis and that I will be solely responsible to evaluate and conduct my own investigations into the quality, accuracy, adequacy, timeliness, completeness and fitness for a particular purpose of any such Material. I specifically agree that I will not rely on any Material to conduct my activities, without first obtaining independent advice and I acknowledge and accept the risk in failing to do so.
21.4
In particular and without derogating from or limiting the generality of Clauses 21.1, 21.2 and 21.3, I understand and agree that:
a.
You are not responsible for and make no warranties in respect of the products, services, information or content available on or transmitted from any websites or portals linked to this Website. You are providing these links to me only as a convenience and the inclusion of any link does not imply endorsement or approval by you of the applicable website or portal. Access to and use of such other websites or portals is at my own risk and subject to any terms and conditions applicable to such access/use; and
b.
You are not responsible for the products, services, information or content provided by third parties whether contained within this Website or otherwise provided under or pursuant to Citibank Online.
21.5
Although you shall use reasonable endeavours to ensure that Citibank Online is secure and cannot be accessed by unauthorised third parties, you do not warrant the security or confidentiality of any information transmitted through any relevant Internet service provider, information/communication network service provider, network system or such other equivalent system in any jurisdiction via Citibank Online.
22. USE RESTRICTIONS
22.1
I understand and agree that the rights granted by you for the access and use of Citibank Online is only for my own personal use. In addition to any other conditions or restrictions governing my Citibank Online Use or my Accounts, I agree that :
a.
I will not use this Website or Citibank Online (or any service, information or product thereunder) for any illegal or unlawful purpose or where otherwise prohibited under law.
b.
I will not modify, copy, distribute, transmit, use or otherwise deal with any of the products, services, information or content of this Website or Citibank Online without obtaining your prior written approval unless expressly allowed under these Terms and Conditions.
c.
I will not use this Website or Citibank Online (or any service, information or product thereunder) in any manner which could damage, disable, corrupt or impair this Website or the hardware and software system, security protocols, information/service provider networks or other operations.
d.
I will not post, send or transmit any unauthorised content on to or through this Website including without limitation, content that: -
i.
is unlawful, vulgar, obscene, libelous, in breach of privacy, abusive or otherwise objectionable;
ii.
"junkmail", "spam", "chain letters" or any other form of unauthorised materials; and
iii.
contains software viruses or any file or program that may interrupt, disable, corrupt or impair this Website or the hardware and software system, security protocols, information/service provider networks or other operations.
e.
I will always have sufficient funds and/or credit in my Account(s) in order to carry out any Instructions and/or other requests given pursuant to these Terms and Conditions.
23. DISCLOSURE OF MY INFORMATION
21.1
You shall be entitled, and I hereby irrevocably give my consent and authorise Citibank to the greatest extent permitted by law, to disclose and release any information pertaining to me, my Cards, my Account(s), affairs or my facilities and/or any other information that may be provided to Citibank, whether under these Terms and Conditions or as a result of Citibank Online Use or otherwise which I may have with you ("Customer Information") to such extent that you, Citibank, may at your absolute discretion deem fit to :-
a.
the Central Credit Reference Information System ("CCRIS") or Central Credit Unit or any such entity carrying out or performing the same functions;
b.
the Biro Maklumat Cek, Bank Negara Malaysia and/or such other authority or body established by Bank Negara Malaysia;
c.
any authority having jurisdiction over you, your branches, related corporations, associates, subsidiaries, affiliates, assignees, proposed assignees, agents;
d.
any relevant Payee(s);
e.
any other parties engaged by you to enable or assist you to exercise or enforce your rights under these Terms and Conditions;
f.
any person or entity pursuant to any law, regulation, governmental directive/request or order of court; and/or
g.
any other party whomsoever as you may, at your absolute discretion, deem fit.
23.2
You shall be entitled, wherever permitted by law, and I hereby irrevocably give my consent and authorise you to use or apply without the need to give me any notification of any Customer Information relating to me which was collected, gathered, received, captured, compiled, secured and/or obtained by you through or by whatever means and methods, including without limitation, email addresses, names, mobile phone numbers and the like, for such purpose(s) as determined by Citibank at its absolute discretion from time to time.
23.3
In the event I have any concerns, questions or complaints pertaining to the use, dissemination or disclosure of the Customer Information as defined in Clause 23.1 or in the event I require any clarification on the use, dissemination or disclosure by Citibank of the said Customer Information, I may call Citibank's 24-Hour CitiPhone Banking at the telephone number listed in this Website or visit any of Citibank's local branches.
24. APPLICABLE LAWS AND REGULATIONS
24.1
I agree that my access and use of Citibank Online and these Terms and Conditions shall be subject to my strict compliance of the laws of Malaysia, including without limitation, any judicial or other governmental order, guidelines, directive or notice (including Bank Negara Malaysia, regulatory or other official bodies or entities to which Citibank is subject). Where applicable, I shall obtain from Bank Negara Malaysia any relevant approval(s) pursuant to the Exchange Control Regulations. If there are any international transactions via Citibank Online (including my access of Citibank Online outside of Malaysia), I shall not violate the laws existing in the countr(ies) involved in the transaction.
24.2
All my requests and transactions via Citibank Online shall not violate the laws of Malaysia. Any international transactions via Citibank Online (including my access of Citibank Online outside of Malaysia) shall not violate the laws existing in the countr(ies) involved in the transaction.
24.3
I shall fully indemnify, defend and hold you and any company within Citigroup harmless from and against any and all suits, actions, judgements, damages, costs, losses, expenses (including legal fees on a solicitor and client basis) and other liabilities arising from a breach and/or contravention and/or non-compliance with any provision under this Clause 24.
25. EQUIPMENT AND SOFTWARE
25.1
Equipment
a.
I will be responsible for the supply and maintenance of the Customer Terminal and any network, communications or access equipment or facilities required for me to access and use Citibank Online. I will not access and use Citibank Online from any computer or device (or email address) which I do not own unless I first obtain the owner's permission. I agree to ensure that my Customer Terminal used in accessing Citibank Online meets your minimum criteria.
b.
I warrant that the Customer Terminal and any other computer system or device through which access may be effected by use of my PIN are free from any electronic, mechanical, data failure or corruption, computer viruses and bugs.
25.2
Software
a.
When I access Citibank Online, I understand and agree that I may be supplied with software necessary to enable me to access and conduct my activities via this Website. I agree that it is my responsibility to ensure that the software that is supplied to me is compatible with my Customer Terminal or any other system or other software on my Customer Terminal.
b.
By supplying me with the software to access Citibank Online, I agree that you are granting me only a non-exclusive, non-transferable, user-specific licence to use the software relating to and in connection with Citibank Online subject to the following conditions :
i.
I shall not disassemble, decompile, copy, publish, sell, rent, modify, reverse engineer or reverse compile any of such software or allow anyone else to do so.
ii.
I shall use the software for the purposes relating to these Terms and Conditions only.
iii.
You shall not be liable to me, either in contract, in tort (including negligence) or otherwise for any direct or indirect loss, damage, claim, cause of action, proceeding, (including loss of profits, goodwill, business or anticipated savings) nor for any indirect or consequential loss or damage resulting from the use of the software.
iv.
I shall comply with any other conditions imposed from time to time by you (or by the software owner) with respect to the use of the software.
25.3
Neither you, any company within Citigroup, any relevant Internet service provider or information or communication network service provider nor any other software supplier makes any express, implied or statutory warranties relating to Citibank Online, the direct access software or services or browser including, but not limited to any warranties of merchantability, fitness for a particular purpose or non-infringement of third party proprietary rights unless disclaiming such warranties is prohibited by law.
25.4
Where you provide me (whether online or by way of CD-ROM) with a browser for the purpose of accessing Citibank Online, my use of the browser is subject to any payment, licensing and/or other terms prescribed by the relevant browser provider.
25.5
I acknowledge and agree that you will be using cookies (i.e. small pieces of information that you at your absolute discretion send to be stored in the Customer Terminal) to enable you to provide the necessary service to me. I hereby further acknowledge and agree that you will not be liable for any damages or claims arising from your use of cookies or such other technical devices, programs or software carrying out such functions for the purpose of or incidental to the operation of this Website or Citibank Online.
25.6
I acknowledge that the laws of some countries prohibit or restrict the import or export of certain types of software e.g. encryption software. Where applicable, I will obtain the relevant import or export licence or governmental approval before taking, sending or using the software.
26. OWNERSHIP
26.1
I hereby acknowledge that you (or your designees) own absolutely whether now or in the future any and all rights in Citibank Online and this Website including but not limited to domain names, trademarks, service marks, trade names, copyrights, patents, designs, trade secrets, confidential information, intellectual property rights, proprietary rights and any other legal and beneficial rights and interests of whatever nature related thereto conferred under the laws of Malaysia and all the countries in the world for the full period thereof, together with any renewals and extensions thereof.
26.2
The right to access and use Citibank Online does not automatically grant any rights to me to use, reproduce, copy or otherwise deal with any one or more of the intellectual property or proprietary rights set out in Clause 26.1 and any use shall be with your prior written consent subject to any conditions imposed by you in respect of such use.
26.3
I shall comply with all directives or instructions issued by you in relation to any use of the intellectual and proprietary rights belonging to you (or to your designees).
27. REPRESENTATIONS & WARRANTIES : DISCLAIMER
27.1
Except as specifically provided herein and to the fullest extent permitted by law, there are no, and Citibank expressly excludes and disclaims any representations, warranties, or endorsements, express or implied, written or oral, including, but not limited to, any warranties of merchantability or fitness for a particular purpose or warranties of the correctness, accuracy, precision, quality, timeliness or completeness of any software, the Materials, tools, information, data, resources or services provided under or pursuant to Citibank Online, this Website or these Terms and Conditions or the performance, use or operation of any of the foregoing, including without limitation, Citibank Online products, services and/or information, third party products, services and/or information and the availability of all such services.
27.2
I represent and covenant that I have not relied on any representation made by you which has not been stated expressly in these Terms and Conditions. Any representations, whether written or oral, given by any officer or representative of Citibank shall be void and have no legal effect whatsoever.
28. LIABILITY AND INDEMNITY
28.1
Save where otherwise expressly provided in these Terms and Conditions, in no event will you be liable for any loss or damages (including without limitation loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages of any party, including third parties) howsoever arising, whether in contract, tort, negligence or otherwise, in connection with or pursuant to the furnishing, performance and use of Citibank Online, or any other materials, resources or services provided under these Terms and Conditions, even if you have been advised of the possibility of such damages in advance, and all such damages are expressly excluded.
28.2
Without limiting Clause 28.1 and in addition to any other provision under these Terms and Conditions, I irrevocably and unconditionally agree that you shall not be liable for any loss or damage suffered or incurred by me or any other party (whether direct or indirect, special, consequential, incidental, punitive or all other loss and damage including without limitation, lost profits, lost savings, goodwill or anticipated profits), whenever and howsoever arising, whether in contract, tort, negligence or otherwise, in connection with the following events:
a.
your taking of any Instructions and/or other requests via Citibank Online and acting upon them;
b.
any destruction or alteration of my Instructions and/or other requests, data or information transmitted by me to you through Citibank Online;
c.
the improper, fraudulent or unauthorised use of Citibank Online, my PIN, or any other security code given to me;
d.
any damage to the Customer Terminal, related facilities or software as a result of any access to Citibank Online;
e.
any breakdown or malfunction of any equipment, system or software used in connection with Citibank Online, including but not limited to any electronic terminal, server or system, communications device, connection or system or any part of the system arising from any access to Citibank Online;
f.
any intrusion or attack by any person, hardware, software, virus, Trojan Horse, worm and/or macros or other harmful components that may interfere with Citibank Online arising from any access to Citibank Online;
g.
any loss or damage caused by any access effected by any Citibank Online Use and/or use of Citibank Online being prohibited, restricted, delayed or otherwise affected by
i.
the laws and regulations of Malaysia and/or the country from where such service(s) is accessed and/or the terms and conditions prescribed by the relevant Internet service provider or information/communication network service provider in such country of access;
ii.
any law or regulation of any jurisdiction, regional or international authority which governs any use or any component of Citibank Online, any relevant Internet service provider or information/communication network service provider or system;
iii.
any act or omission by any relevant Internet service provider or information/communication network service provider;
iv.
your modifying, maintaining or upgrading this Website; and/or
v.
your terminating or modifying Citibank Online or part thereof;
h.
any loss or damage suffered or incurred by me or any other party as a result of my relying or acting or omitting to act upon any information which you obtain from any third party (including without limitation any pricing, stock quotes, estimates and descriptions of any merchandise, product and service from this Website or Citibank Online);
i.
any access (or inability or delay in accessing) and/or use of any software or browser which you provide to allow access to Citibank Online, effected by any Citibank Online Use, or for any defect in any such software or browser;
j.
any errors or omissions in the information and materials contained in this Website or made available through Citibank Online or by you due to any error, mistake, omission, negligence or otherwise arising from my access or use of Citibank Online or dealings with you;
k.
any breach or non-performance by me of any term or provision of these Terms and Conditions;
l.
any delay or failure in any transmission, Confirmation, despatch or communication or any delay or failure in processing and acting upon my Instructions s and/or other requests;
m.
any defect in any goods or services supplied by the Payee(s);
n.
the exercise by Citibank of any of its rights under these Terms and Conditions including the right to terminate my use of Citibank Online for any reason whatsoever;
o.
any misstatement, misrepresentation, error or omission in any details disclosed by Citibank;
p.
any errors or omissions in the Instructions and/or other requests; and/or
q.
any failure to receive any Instructions and/or other requests by you.
28.3
I shall indemnify, defend and hold you harmless against any and all claims, demands, suits, actions, judgements, damages, costs, losses, expenses (including legal fees and expenses on a solicitor and client basis) and other liabilities whatsoever and howsoever caused that may arise or be incurred by you or any other party in providing Citibank Online to me, whether or not arising from or in connection with access and use of Citibank Online including but not limited to any of the events set forth in Clause 28.2.
28.4
Clause 28 any and other exclusion or limitation of Citibank (or Citigoup's) liability under these Terms and Conditions shall take effect to the widest and fullest extent permitted by law including without limitation, any judicial or other governmental order, guidelines, directive or notice (including Bank Negara Malaysia, regulatory or other official bodies or entities to which Citibank is subject). Reference to the term "you" in this Clause 28 and elsewhere in respect of Citibank's liability shall include the companies within Citigroup as well as Citibank's directors, employees, personnel, agents and/or representatives.
29. SUSPENSION/TERMINATION/CANCELLATION OF CITIBANK ONLINE
29.1
Citibank Online or my Citibank Online Use or any part or component thereof may be cancelled by you at any time with or without prior notice to me. After cancellation, Citibank Online or any part or component thereof may be reinstated in such manner and on such terms and conditions as you may determine at your absolute discretion.
29.2
You also reserve the right at all times to suspend or block access to and use of Citibank Online or any part or component thereof for any reason whatsoever and for any length of time and upon any conditions determined by you at your absolute discretion.
29.3
Upon effective cancellation or termination of Citibank Online or any part or component thereof:
a.
All rights granted to me hereunder shall immediately terminate and shall revert to you including without limitation, the software licence.
b.
I will immediately pay to you all outstanding fees and charges due and owing under Citibank Online or any part or component thereof.
c.
Any Instructions and/or other requests received after the effective date of termination may not be acted on by you at your absolute discretion.
d.
Any Instructions and/or other requests received between the date notice is given and prior to the effective date of termination (if there is a lapse of time between the two dates) may not be acted by you at your absolute discretion.
e.
I shall comply with all your directions and instructions to effect completion or termination of all the activities under or pursuant to Citibank Online or any part or component thereof.
f.
Those Terms and Conditions that apply to the products, services or information of Citibank Online or any part or component thereof that do not require access by way of the PIN or other security codes or measures shall continue to apply to those products, services or information.
29.4
For the avoidance of doubt, cancellation, termination or suspension by you of Citibank Online or any part or component thereof under this Clause 29 shall not entitle me and I hereby waive all rights to any claim or compensation against you for any and all loss or damage suffered or incurred by me as a direct or indirect result of the act of cancellation, termination or suspension.
30. MISCELLANEOUS
30.1
Notices
Except where these Terms and Conditions specifically provide for the manner of giving notice or where otherwise notified by you to me from time to time, all notices and communications required to be given by me to you shall be in writing and shall be sent to you by way of ordinary or registered post to Citibank's address at:
Customer Correspondence Unit
Citibank Berhad,
P.O. Box 12891
50792 Kuala Lumpur.
Except where these Terms and Conditions specifically provide for the manner of giving notice, I hereby agree that all notices and communications given hereunder by you to me may be given, at your absolute discretion, by any one or more of the following methods :
a.
ordinary or registered post to my last known address according to Citibank's records,
b.
by facsimile to my last known facsimile number in Citibank's records,
c.
electronic mail to the last known electronic mail address according to Citibank's records,
d.
posting the notice or communication on this Website,
e.
notices placed with or in any of your written communications to me e.g. bank statements, flyers and brochures,
f.
telephone call to the last known telephone number in Citibank's records,
g.
notices placed through any media e.g. newspapers and television, or
h.
any other manner of notification decided by Citibank from time to time. Notices by you will be deemed received by me :
i.
in the case of posting by ordinary or registered post, forty-eight (48) hours after posting;
ii.
in the case of facsimile, upon completion of transmission as evidenced by a fax confirmation slip,
iii.
in the case of electronic mail, twenty four (24) hours after sending,
iv.
in the case of posting on Website, twenty four (24) hours after date of posting,
v.
in the case of notices placed in Citibank's communications to me, forty-eight (48) hours after date of posting,
vi.
in the case of notices placed through the media, upon date of publication or first publication, and
vii.
in the case of Short Messaging Service ("SMS"), twenty four (24) hours after sending such a message.
30.1.3
Notice Period Save for any express terms providing for specific time periods for notices as set forth in these Terms and Conditions, any notices given or required to be given by you hereunder may be given, at your absolute discretion, with immediate effect or within any period of time determined by you.
30.2
Binding nature and assignment
These Terms and Conditions shall be binding on Citibank and the Customer and their respective successors and assigns. I may not assign these Terms and Conditions without your prior written consent, and any attempted assignment and delegation without such consent shall be void. You will have the right to assign or subcontract the whole or portions of the services or obligations hereunder as you deem fit.
30.3
Headings
The headings used in these Terms and Conditions are for reference and convenience only and shall not enter into the interpretation of these Terms and Conditions.
30.4
Additional Services
Any services or works performed by you outside of the services to be provided herein shall be considered additional services and may be subject to additional charges and/or fees
30.5
Variations
The information, materials, services, products or content may be changed, varied, deleted or added to from time to time without notice by you at your absolute discretion. These Terms and Conditions may be modified, added to, deleted or varied by you by way of posting on this Website or in any other manner deemed suitable by you. I agree to access Citibank Online or this Website and these Terms and Conditions at regular intervals of time to view these Terms and Conditions and to ensure that I am kept up-to-date with any changes or variations to these Terms and Conditions. I agree that continued access and use of Citibank Online shall constitute my acceptance of these Terms and Conditions (as modified and varied from time to time) and/or any changes or variations to Citibank Online or this Website or the information, materials, services, products or content contained therein.
30.6
Invitation to treat
I accept that the services, products, informational and other online resources and content provided by Citibank Online under this Website shall be considered an invitation to me to subscribe to and/or use Citibank Online. I understand and agree that any applications (including without limitation the Bill Payment Instructions, Fund Transfer Instructions and/or any other requests) under or pursuant to Citibank Online received by you from me shall be considered an offer on my part to use Citibank Online and may or may not be accepted at your absolute discretion.
30.7
Governing Law and Jurisdiction
a.
These Terms and Conditions shall be deemed to be made in Malaysia and shall for all intents and purposes be governed by and construed in accordance with the laws of Malaysia. The parties shall submit to the exclusive jurisdiction of the courts in Malaysia but you are at liberty to proceed against me in the courts of any other country where jurisdiction may be established.
b.
Notwithstanding anything herein contained in thee Terms and Conditions, in the event of any inconsistency or conflict between these Terms and Conditions and any statutory provision(s) or legislation of Malaysia applicable to Citibank, me or both of us, the said applicable statutory provision(s) or legislation of Malaysia shall prevail.
30.8
Waiver
You shall not be deemed to have waived any of your rights or remedies hereunder unless such waiver is in writing and signed by you. No delay or omission on your part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
30.9
Complaints
In the event I have any concerns or complaints pertaining to my use of Citibank Online I may call CitiPhone Banking at the telephone number listed on this Website or visit any of Citibank's local branches to lodge my concerns or complaints in accordance with the Card terms and conditions or the applicable Account Terms and Conditions, whichever is applicable, and I acknowledge that the procedures set forth therein shall determine the manner in which any investigation or resolution of such concerns or complaints of mine will be carried out.
30.10
Severance
If any provision of these Terms and Conditions is held to be illegal or invalid under present or future laws or regulations effective and applicable, such provision shall be fully severable and these Terms and Conditions shall be construed as if such illegal or invalid provision had never comprised a part of these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms and Conditions.
PART E. CITIGOLD WEALTH MANAGEMENT BANKING AND ONLINE SERVICES
31. ACCESS TO CITIGOLD SERVICES
31.1
Where I am a CitiGold Member and provided that I maintain a combined daily average balance of deposits and/or investments of at least RM300,000 with Citibank, I may have access through Citibank Online, to my relevant Account(s), my CitiGold Account(s) and/or any other banking, payment or financial services as you may determine from time to time (which includes without limitation the services set forth under Part E of these Terms and Conditions).
32. CITIGOLD WEALTH PLANNER/PORTFOLIO TRACKER
32.1
I may use the CitiGold Wealth Planner as provided through Citibank Online ("CWP") to review and/or manage my entire Citibank and/or CitiGold Member's deposits and investments portfolio, which may include without limitation any Citibank Share Margin Financing (CSMF) as provided through Citibank Online, Time Deposits, Unit Trust Fund(s), and/or any other short term trading, liquid assets, or long term investments that you may determine from time to time.
32.2
I agree that any financial analysis, calculations, or Personal Investment Profile(s) (as provided through Citibank Online) that you may make available to me are based on information that I provide combined with certain generally accepted assumptions and reasonable estimates ("CWP Results"), and any returns and values on investment strategies made available to me are purely hypothetical calculations and shall be provided for illustrative and/or informational purposes only. I further acknowledge and agree that any or all CWP Results shall serve merely as a guide to assist me in deciding how best to attain my financial goals, and are not in any way intended to substitute any financial consulting or planning services.
32.3
In the event that I rely on or make any investment or financial decisions based on any CWP Results, I accept all risks, losses or liabilities arising therefrom and will not hold you responsible or liable in any way. Further I accept that any information and/or CWP results made available to me pursuant to my use of the CitiGold Wealth Planner are solely for my own personal and lawful use.
33. FINANCIAL, MARKET AND WORLD NEWS
33.1
By accessing Citibank Online, you may provide me with access to following articles, newsletters, research materials, and other information resources with respect to financial, market and world news in the following categories:-
a.
Funds Performance Watch (Quarterly)
If I access Funds Performance Watch (as provided through Citibank Online), I may view historical data showing Unit Trust Fund performances, which are normally made available on a quarterly basis as determined by Citibank.
b.
Tactical Investment Strategy (Periodic)
If I access Tactical Investment Strategy (as provided through Citibank Online), I may view articles and statements on making tactical investment during opportune or favorable market conditions, which are normally made available on a periodic basis as determined by Citibank.
c.
Malaysian Market Weekly
If I access Malaysian Market Weekly (as provided through Citibank Online), I may view a review and analysis of the Malaysian capital markets, which are normally made available on a weekly basis as determined by Citibank.
d.
Financial Market Analysis
If I access Financial Market Analysis (as provided through Citibank Online), I may view a review and analysis of the Malaysian capital markets.
e.
International Market Round Up
If I access International Market Round Up (as provided through Citibank Online), I may view a review and analysis of the global capital markets, which are normally made available on a weekly basis as determined by Citibank.
f.
Special Report
If I access Special Report (as provided through Citibank Online), I may view special reports that are issued on Citibank Online which are normally made available on a periodic basis as determined by Citibank.
33.2
I accept and agree that:
a.
the information relating to financial, market and world news may be supplied by a third party and if so, then all proprietary rights in such information is, owned by that third party provider unless provided otherwise. Therefore, subject to such third party rights in the said information resources You and/or other entities within Citigroup own(s) the proprietary rights in all the articles, newsletters, research materials and information resources;
b.
You and/or any other entity within Citigroup shall not be held responsible or liable for any loss, damage and/or other liabilities that I may suffer as a consequence of my reliance on or any inaccuracies, omissions or other errors pertaining to the articles, newsletters, research materials, reports and information resources whether supplied by the third parties or you;
c.
Any information or data made available to me by you is solely for my personal and lawful use;
d.
The articles, newsletters, research materials, reports and other information resources with respect to financial, market and world news which are made available to me through Citibank Online, do not constitute nor intended to constitute an offer or invitation to subscribe for Unit Trust Funds, nor do they amount to solicitation by Citibank or any entity within Citigroup for subscription of Unit Trust Fund(s) by any persons.
33.3
I acknowledge and agree that you reserve the right to suspend, block, withdraw or terminate my access to any or all such information resources at any time without notice.
