Terms And Conditions Governing Access And Use of Citibank Online Bill Payment, Citi Mobile Bill Payment and Citi Mobile Prepaid Reload Services
1. This Online Bill Payment, Mobile Bill Payment and Mobile Prepaid Reload Services enables me to make payments or reloads to specified Payee(s) by electronic means via the use of my Customer Terminal.
2. The Services is available to me, whether an existing customer of the Bank or not, subject to the Bank's conditions, limits and procedures whether contained in these Terms and Conditions or as prescribed by the Bank from time to time at your absolute discretion.
3. These Terms and Conditions govern my rights and obligations, as the customer, and yourselves, the Bank, in connection with the access and use of this Service. By accessing http://www.citibank.com.my or using this Service, I HEREBY ACKNOWLEDGE AND ACCEPT that my access and use of this Service shall be governed by these Terms and Conditions. In the event of any inconsistency or conflict between the Bank's general 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.
4. In these Terms and Conditions, the following terms and expressions shall have the following meanings unless the context requires otherwise :
(i) "Agreement" or "this Agreement" means these Terms and Conditions, and wherever applicable, shall include (i) any rules, procedures, terms and conditions for this Service, as determined by the Bank 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.
(ii) "Business Day" means any day which banks in Malaysia are open for business.
(iii) "Customer Terminal" means any computer, mobile phones or other devices (including PCs, notebooks, laptops, personal digital assistants, etc.) from which I access and use the Services from time to time.
(iv) "Exchange Control Regulations" means 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.
(v) "MasterCard International" means MasterCard International Inc, 2000 Purchase Street, Purchase, NY 10577-2509, USA.
(vi) "my Account" means any and all of my account opened and maintained with the Bank, (whether alone or jointly with any other person(s) and whether current, deposit, loan or otherwise which Account may be used by me as a means of payment for purchases of and charges relating to the Payee's goods and services.
(vii) "my Card" means my validly issued and unexpired VISA credit bearing the VISA logo and/or any relevant service marks licensed by VISA International or my validly issued and unexpired MasterCard credit bearing the MasterCard logo and/or any relevant service marks licensed by MasterCard International, issued by any bank, financial institution or corporation with my name and Card or Card Account number imprinted or embossed on the Card, which Card may be used by me as a means of payment for purchases of and charges relating to the Payee's goods and services.
(viii) Online Bill Payment Service" or "Online Service" means the online bill payment service made available by you through the Website for the payment of bills to Payee(s) using my Card or my Account in accordance with and subject to the terms and conditions of this Agreement.
(ix) "Mobile Bill Payment Service" or "Mobile Service" means the mobile phone bill payment service made available by you through the mobile phone SMS instructions and short code for the payment of bills to Payee(s) using my Card or my Account in accordance with and subject to the terms and conditions of this Agreement.
(x) "Mobile Prepaid Reload Service" or "Reload Service" means the mobile phone prepaid reload service made available by you either through the Website or mobile phone SMS instructions and short code for the reload of prepaid credit to the registered mobile phone number(s) using my Card in accordance with and subject to the terms and conditions of this Agreement.
(xi) "Payee" means a vendor, merchant, biller, person, corporation or entity whose names are set out in the bill payment section of the Website and whose bills or Reload Service can be paid through the Services.
(xii) "Payment or Reload Instruction(s)" means the requests made and particulars given by me to you to effect payment or reloads to the relevant Payee(s) in accordance with the procedures and prompts set out in the Services under the Website.
(xiii) "Services" mean collectively the Online Bill Payment Service or Online Service, the Mobile Bill Payment Service or Mobile Service and Mobile Prepaid Reload Service or Reload Service.
(xiv) "Response" or "respond" means any positive confirmation, non-acceptance, acknowledgement, rejection, cancellation or reply by the Bank to any Payment or Reload Instruction.
(xv) "SMS Instructions" means my Payment or Reload Instructions made through the mobile phone short messaging system send to the Short Code.
(xvi) "Short Code" means Citibank SMS short code number 36700 where I will use it to send you my Payment or Reload instructions.
(xvii) "these Terms and Conditions" means these Terms and Conditions governing access and use of the Online Bill Payment Service, Mobile Bill Payment Service, or Mobile Prepaid Reload Service as amended from time to time.
(xviii) "Use of "the Services" means any access and/or use of the Online Bill Payment Service, Mobile Bill Payment Service and / or Mobile Prepaid Reload Services on or through the Website or my mobile phone.
(xix) "VISA International" means VISA International Inc, P.O. Box 8999, San Francisco, CA 94128-8999, USA.
(xx) "Website" means the website found at www.citibank.com.my
(xxi) Use of the terms "the Bank", "you", "your", "yourselves" and "yours" refer to Citibank Berhad, 165 Jalan Ampang, P.O.Box, 50450, Kuala Lumpur.
(xxii) Use of the terms "I", "me", "my", "mine" and "myself" refer to the person(s), corporations or entities and who has or have been issued and holds a valid VISA or MasterCard credit card, and for the avoidance of doubt, shall include corporations or entities who authorise persons or agents to hold a valid VISA or MasterCard credit card for and on behalf of the corporations or entities.
5. Accessing the online bill payment, mobile bill payment or mobile prepaid reload services
I may access and use the Services once I have complied with and completed the registration procedures in accordance with the procedures and prompts set out in Bill Payment or Prepaid Reload section of the Website and my application has been approved by you. Without limiting the generality of the foregoing, I acknowledge that you may at your absolute discretion refuse registration to any one without giving any reason and/or notice thereof.
My Card number, password and other Security Features.
In order to access the Services, I need to key in my Card or Account number, Card expiry date and any other particulars or security features such as passwords, etc. as determined by you from time to time ("security information") into the Customer Terminal in accordance with the prompts and procedures set out in the Website.
I acknowledge and agree that my Card number and Card expiry date constitutes my signature as the Bank cannot conduct manual comparisons of my actual signature. I acknowledge and agree that the Card number and Card expiry date are the means whereby the Bank identifies me and that anyone using the Card number and Card expiry date or is otherwise in possession of my Card or such details will be able to have access to and to use this Service.
6. Service Availability
The Services will usually be available 24 hours a day, 7 days a week unless otherwise specified in this Agreement. However due to the maintenance and/or malfunction of the Citibank system and/or reasons beyond the control of the Bank, the Services may not be available at certain times and in such event, the Bank shall not be liable for any loss, liability or damage which may be incurred as a result. The Bank makes no warranty that these Services or any service provided hereunder will be available at the times stated herein.
7. Payment or reload instructions
By issuing the Payment or Reload Instructions to you, I authorise you to act upon any Payment or Reload Instructions (whether for third party bills or otherwise) made in accordance with the procedures and prompts set out in the Website. Such Payment or Reload Instructions, upon receipt by you, shall be effected in accordance with the procedures, limits and conditions set forth herein or otherwise determined by you from time to time. I agree that proof of any transmission of Payment or Reload Instructions via the Services shall not constitute proof of actual receipt thereof by you until a Response has been received by me via the procedures and prompts set out in the Website or via such other Customer Terminal, as the case may be. For the avoidance of doubt, a Response is a response in respect of the Payment or Reload Instructions has been received by the Bank and shall not at any time signify a response indicating that payment has been made to the relevant Payee in accordance with the Payment or Reload Instructions.
I expressly acknowledge and accept that the Services may be used for payment to any Payee (as set out in the Website), whether incurred by me or by third parties. In the premises, I hereby agree that any Payment or Reload Instructions received by you identified by the use of my Card or Account number, other security information shall be deemed to have been issued by me notwithstanding that such Payment or Reload Instructions may have been issued by a third party, whether authorised or otherwise, and that I shall be bound by such Payment or Reload Instructions. Where I am a corporation or business entity, I acknowledge and agree that the use of my Card or Account number and any identification or security information specified by the Bank from time to time, by any of my authorised user(s) shall be binding on me.
You shall neither be liable for acting upon such Payment or Reload Instructions nor be obliged to investigate the authenticity or authority of persons effecting my Payment or Reload Instructions or verify the accuracy and completeness of my Payment or Reload Instructions. You may, but are not obliged to, verify any Payment or Reload Instructions given via the Services by sending an electronic mail or message to my given email address or via SMS to my registered mobile phone number or calling me via telephone or by any other means. Such Payment or Reload Instructions shall be deemed irrevocable and binding on me upon your receipt notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in respect of the terms of such Payment or Reload Instructions. 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. I shall accept full responsibility for all transactions executed via this Service and in particular for ensuring the accuracy and completeness of my Payment or Reload Instructions.
I agree that you may at your absolute discretion, cancel or not execute any or all of my Payment or Reload Instructions at any time without giving any reasons. I understand and agree that payments cannot be stopped, cancelled or changed once the Payment or Reload Instructions have been given by me for whatever reason.
In addition to my other obligations and responsibilities set forth herein, I accept sole responsibility for :
Ensuring that all details of the Payment or Reload Instructions are stated accurately, including without limitation the details of all particulars required by you.
Complying with all requirements, procedures, methods of payment or other terms and conditions imposed by the relevant Payee(s).
For all payments using the Services, you will endeavour to process my Payment or Reload Instructions in accordance with my Payment or Reload Instructions. However I understand and accept that payments under the Services may not be completed or may be deleted for any reason(s) whatsoever. I accept that the Bank makes no warranty that any of my Payment or Reload Instructions will be completed within a particular time period or date or that payment will be properly made to the relevant Payee(s) in accordance with the Payment or Reload Instructions. Any questions on the status of my Payment or Reload Instructions shall be directed via the contact details provided at the Website. In the meantime, I shall not repeat the Payment or Reload Instructions for payment of the same bill. It is my responsibility and not the Bank's to ensure that prompt payment is made to the relevant Payee. The Bank shall not be held liable or responsible to me or any third party for any delays or failure to make payments or reloads to the Payee(s).
You shall not be obliged to carry out any Payment or Reload Instructions unless and until my Card has sufficient credit or my Account has sufficient balance to pay the relevant amount(s). Funds for ALL payment amounts will be withdrawn or debited from my Card or my Account immediately on the Business Day on which requests or Payment or Reload Instructions were given or by the next Business Day or such other day as you may at your absolute discretion determine. By enrolling in and using the Services, I authorise you to debit or withdraw from my Card or my Account all sums due and owing, including any access or use fees, incurred under or pursuant to the Services or these Terms and Conditions.
There is no limit to the number of payments or reloads I can make in any one Business Day. You may, however, at your absolute discretion and from time to time impose payment limits or revise the payment terms and conditions with or without notice.
You shall not be responsible for any late fees, interest, charges imposed or any other claim made or action taken by a Payee, by me or by a third party 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-
I do not have sufficient credit in my Card or sufficient balance in my Account to make a payment or reload according to the conditions and procedures imposed and/or revised by you at your absolute discretion from time to time.
An order of court, governmental directive or regulation or legal requirement directs you to prohibit the processing of my Payment or Reload Instructions.
The processing of my Payment or Reload Instruction will cause the credit limit of my Card to be exceeded or my Account to be overdrawn.
I have not complied with any procedures and conditions imposed by you from time to time relating to the Service.
I have not provided you with complete and correct Payment or Reload 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, mobile number and payment or reload amounts for the Payee on a bill payment or for the prepaid reload.
I did not correctly use this Service.
Circumstances beyond your reasonable control (such as fire, flood or improper transmission or handling of payments by a third party) which prevent the bill payment or prepaid reload, despite reasonable precautions taken by you.
The Services is or you are temporarily unable to receive or process Payment or Reload Instructions for any reason whatsoever.
The Payee mishandles, delays or does not, for any reason whatsoever, receive or accept a payment or reloads sent by you.
Any changes in the Payee's address or other particulars.
Where I have not received a response of whether my Payment or Reload Instructions have been received and implemented or where for any reason the status of my Payment or Reload Instructions or any part thereof is unclear, I shall call CitiPhone at (603) 2383 0000 in Kuala Lumpur, (604) 296 0000 in Penang and (607) 268 0000 in Johor Bahru. The Bank shall not be liable for any additional payments or reloads made whether by way of another Payment or Reload Instruction for payment of the same bill, reload of the same number or otherwise making payment in any other way.
It is my sole responsibility to protect my personal identification or security information such as my Card or my Account number and details, etc. This information by itself or together with information on my Card or my Account may allow unauthorised access to and/or operation of my Card or my Account. It is my responsibility to protect my personal identification or security information with the same or higher level of care I protect my physical Card. I will also not leave my Computer Terminal unattended without first exiting the Website.
If my Card has been lost or stolen, or where someone has otherwise operated the Services with my Card or Account number and details, or other security information and without my permission, I shall comply with all procedures, terms and conditions prescribed by the Bank or the bank, financial institution or corporation who issued my Card I agree that all disputed or unauthorised payments made using my Card or my Account details or other security information shall be referred to the aforementioned issuing bank, financial institution or corporation for verification and resolution.
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 :
my lost or stolen Card;
any unauthorised payments via this Service as a result of my lost or stolen Card; or
any payments or reloads via the Services using my Card or Account number and details, or other security information whether with or without my permission .
10. Payee Limitations
Notwithstanding anything to the contrary stated herein, all Payment or Reload Instructions received by you shall be processed at your absolute discretion. You shall reserve the right to refuse to pay any Payee even though Payment or Reload Instructions have been received from me. Unless otherwise provided in the Website from time to time, the Services does not allow for payment in currency other than Malaysian Ringgit.
I agree that you have the absolute discretion to modify, vary, add or delete without giving any reason and/or prior notice any Payee or Payee particulars from your list of Payees at the Bill Payment or Mobile Prepaid Reload section of the Website and the Bank shall not be liable for any loss or damage which I may suffer as a result of the Bank's actions. Any such modifications, variations, additions or deletions to the list of Payees shall not prejudice or affect any payments and reloads made or Payment and Reload Instructions already completed prior to the modifications, variations, additions or deletions to the list of Payees.
All communications through the Services 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 that any evidence of any Payment or Reload Instructions and communications effected by any Use of the Services, 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 shall be conclusive evidence of such Payment or Reload Instructions or communications effected by any Use of this Service and communications received or despatched by you.
Should I disagree with a charge indicated in my Card or my Account statement where such charge is made as a result of the Payment or Reload Instructions or Use of the Services, the same should be communicated to my issuing bank, financial institution or corporation in accordance with the Card or Account terms and conditions and resolved in accordance with the dispute resolution procedures set forth therein. I agree that any such disputed or unauthorised payments (including refunds of any monies paid in excess) shall be dealt with and resolved between the Bank or the bank, financial institution or corporation who issued my Card and myself. The Bank shall not be liable or responsible for any claims, loss or damage suffered or incurred by me in respect of such disputed or unauthorised payments or any transaction under or pursuant to the Services.
12. Fees and charges
I agree to pay the fees and charges for access and use of the Services. The fee and charges shall be as specified by you from time to time in the Website.
You may at your absolute discretion, with or without notice being given to me, and at any time without my prior consent:
impose any other fee or charge for any Use of the Services; and
modify, revise or increase any fee or charge already imposed for any use of the Services or any Payment or Reload Instruction or transaction initiated and/or completed via the Services, 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 Use of the Services is deemed my consent to the fees and charges stated in this Clause 12.1.
For the avoidance of doubt, the fees and charges stated in Clause 12.1 applies to the fees and charges for the access and/or provision of the Services 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 bank service that you may provide as a result of my requests or at my request, which fees and charges shall be borne by me in addition to the fees and charges stated in Clause 12.1.
All payments made and fees, charges or other costs and expenses incurred hereunder, whether direct or indirect, as a result of my Payment or Reload Instructions or otherwise resulting from Use of the Services shall be debited into my relevant Card account or my Account, as the case maybe and payment made by me according to the relevant Card's or Account's terms and conditions. Payment for any amounts incurred hereunder by me (including returned payments, disputes on amounts, etc.) as a result of the use of my Card or my Account shall be dealt with and resolved in accordance with the relevant Card's or Account's terms and conditions. I confirm that you shall not be responsible in the event of the Payee failing to refund any moneys on my request and my sole and exclusive recourse shall be against the Payee only. I further confirm that in the event of any dispute with the Payee [or the Card-issuing bank, financial institution or corporation], I shall not make you a party to the dispute.
13. Representations & Warranties: Disclaimer
Except as specifically provided herein and to the fullest extent permitted by law, the Services is provided on an 'as is' and 'as available' basis and the Bank 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, materials, tools, information, data, resources or services provided under or pursuant to this Service, the Website or this Agreement or the performance, use or operation of any of the foregoing, including without limitation, third party products, services and/or information and the availability of all such services.
Although you shall use reasonable endeavours to ensure that the Services is secure and cannot be accessed by unauthorised third parties, you do not warrant the security or confidentiality of any information transmitted through the Website, the Services, any relevant internet service provider, network system or such other equivalent system in any jurisdiction via the Services.
I represent and covenant that I have not relied on any representation made by you which has not been stated expressly in this Agreement. Any representations, whether written or oral, given by any officer or representative of the Bank shall be void and have no legal effect whatsoever.
I agree and confirm that all bills referred in my Payment or Reload Instructions are bills or registered prepaid numbers 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 the Service 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 or prepaid reloads that will be debited from my Account or billed on my Card 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.
14. Liability and Indemnity
Save where otherwise expressly provided in this Agreement, 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 the Services, or any other materials, resources or services provided under this Agreement, even if you have been advised of the possibility of such damages in advance, and all such damages are expressly excluded.
Without limiting Clause 14.1 and in addition to any other provision under this Agreement, 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:
your taking of any Payment or Reload Instructions via the Services and acting upon them including the giving of Payment or Reload Instructions other than by me;
any destruction or alteration of my Payment or Reload Instructions, data or information transmitted by me to you through the Services;
the improper or unauthorised use of the Services or my Card or Account number and details or other security information;
any damage to the Customer Terminal, related facilities or software as a result of any access to the Services;
any breakdown or malfunction of any equipment, system or software used in connection with the Services, including but not limited to any electronic terminal, server or system, telecommunication device, connection or system or any part of the system;
any intrusion or attack by any person, hardware, software, virus, Trojan Horse, worm and/or macros or other harmful components that may interfere with the Services;
any loss or damage caused by any access effected by any Use of the Services and/or use of the Services being prohibited, restricted, delayed or otherwise affected by 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 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 the Services, any relevant internet service provider or information service provider or system; (iii) any act or omission by any relevant internet service provider or information service provider or network provider; (iv) your modifying, maintaining or upgrading the Website; and/or (v) your terminating or modifying this Service or part thereof;
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;
any access (or inability or delay in accessing) and/or use of any software or browser which you provide to allow access to the Services, effected by any Use of the Services, or for any defect in any such software or browser;
any errors or omissions in the information and materials contained in the Website or made available through the Services or you;
any delay or failure in any transmission, Response, despatch or communications pursuant to the Services or any delay or failure in processing and acting upon my Payment or Reload Instructions;
Any breach or non-performance by me of any term or provision of this Agreement;
any defect in any goods or services supplied by the Payee(s);
the exercise by the Bank of any of its rights under these Terms and Conditions including the right to terminate my Use of the Services for any reason whatsoever;
any misstatement, misrepresentation, error or omission in any details disclosed by the Bank; and
any errors or omissions in the Payment or Reload Instructions or any failure to receive any Payment or Reload Instructions by you.
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 the Services to me, whether or not arising from or in connection with access and use of this Service including but not limited to any of the events set forth in Clause 14.2.
The provisions of this Clause 14 shall take effect to the widest and fullest extent permitted by law. Reference to the term "you" in this Clause 14 and elsewhere in respect of the Bank's liability shall include the companies within the Citibank Group as well as the Bank's directors, employees, personnel, agents and/or representatives.
15. Use Restrictions
I understand and agree that the rights granted by you for the access and use of this Service is only for my own personal use (and where I am a corporation or business entity, for my own internal use). In addition to any other conditions or restrictions governing my Use of the Services which you may impose from time to time at your absolute discretion, I agree that :
I will not use the Services (or any service, information or product thereunder) for any illegal or unlawful purpose or where otherwise prohibited under law.
I will not modify, copy, distribute, transmit, use or otherwise deal with any of the products, services, information or content under this Service without obtaining your prior written approval unless expressly allowed under the Services.
I will not use the Services (or any service, information or product thereunder) in any manner which could damage, disable, corrupt or impair the Website or the hardware and software system, security protocols, information/service provider networks or other operations.
I will not post, send or transmit any unauthorised content on to or through the Website or the Services including without limitation, content that (i) is unlawful, vulgar, obscene, libellous, 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 the Website, the Services or the hardware and software system, security protocols, information/service provider networks or other operations.
I will always have sufficient credit in my Card in order to carry out any Payment or Reload Instructions given pursuant to this Agreement.
16. Disclosure of my information
You shall be entitled, and I hereby irrevocably give my consent and authorise you, wherever permitted by law, to disclose and release any information pertaining to me, affairs or my facilities whether under this Agreement or otherwise which I may have with you to such extent that you, the Bank, may at your sole and absolute discretion deem fit to the Central Credit Unit the Biro Maklumat Cek, Bank Negara Malaysia and/or such other authority or body established by Bank Negara Malaysia
any authority having jurisdiction over you, your branches, related corporations, associates, subsidiaries, affiliates, assignees, proposed assignees, agents, contractors the relevant Payees
any other parties engaged by you to enable or assist you to exercise or enforce your rights under this Agreement any person or entity pursuant to any law, regulation, governmental directive/request or order of court, and/or any other person or entity deemed fit by you.
17. Applicable laws and regulations
Issue, access and use of the Services and this Agreement shall be subject to, and I shall access and use the Service strictly in compliance with, the laws of Malaysia, including without limitation, Bank Negara Malaysia's guidelines, regulations and/or directives in force from time to time. If there are any international transactions via the Services (including my access of this Service outside of Malaysia), I shall not violate the laws existing in the country(ies) involved in the transaction.
I shall fully indemnify, defend and hold you and any company within the Citibank Group 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 14.
I hereby acknowledge that you (or your designees) own absolutely whether now or in the future any and all rights in the Services and the 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.
The right to access and use the Services 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 18.1 and any use shall be with your prior written consent subject to any conditions imposed by you in respect of such use.
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).
19. Suspension/Termination/Cancellation of these online bill payment, mobile bill payment or mobile prepaid reload services
The Services may be cancelled by you at any time with or without prior notice and without assigning any reason(s). After cancellation, the Services may be reinstated in such manner and on such terms and conditions as you may determine at your absolute discretion.
In connection with the Services or any service provided hereunder, you shall be entitled at your absolute discretion, with or without notice and without assigning any reason(s), at any time to change the procedures, mode of operation or facilities available, impose conditions or restrictions on, or discontinue, withdraw, suspend or block access to, the use of the Services or any service provided hereunder for any reason whatsoever and for any length of time.
Upon effective cancellation or termination of the Services:
All rights granted to me hereunder shall immediately terminate and shall revert to you including without limitation, the software licence.
I will immediately pay to you all outstanding fees and charges due and owing under the Services.
Any Payment or Reload Instructions received after the effective date of termination may not be acted on by you at your sole and absolute discretion.
Any Payment or Reload Instructions 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 sole and absolute discretion.
I shall comply with all your directions and instructions to effect completion or termination of all the activities under or pursuant to the Services.
Those terms and conditions of Agreement that apply to the products, services or information of the Services that do not require access by way of my Card number, Card expiry date, password or other security codes or measures shall continue to apply to those products, services or information.
For the avoidance of doubt, cancellation, termination or suspension by you of the Services under this Clause 19 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.
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 email to the email address provided at the Website.
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: (i) ordinary or registered post to my last known address according to the Bank's records, (ii) by facsimile to my last known facsimile number in the Bank's records, (iii) electronic mail to the last known electronic mail address according to the Bank's records, (iv) posting the notice or communication on the Website, (v) notices placed with or in any of your written communications to me e.g. bank statements, flyers, brochures, etc., (vi) telephone call to the last known telephone number in the Bank's records, (vii) notices placed through any media e.g. newspapers and television, or (viii) any other manner of notification decided by the Bank 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 hours after sending, (iv) in the case of posting on Website, upon the date of posting, (v) in the case of notices placed in the Bank's communications to me, forty-eight (48) hours after posting and (vi) in the case of notices placed through the media, upon date of publication or first publication.
Notice Period. Save for any express terms providing for specific time periods for notices as set forth in this Agreement, 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.
Binding nature and assignment. This Agreement shall be binding on the parties to this Agreement and their respective successors and assigns. I may not assign this Agreement 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.
Headings. The headings used in this Agreement are for reference and convenience only and shall not enter into the interpretation of this Agreement.
Variations. The Services or any part thereof may be changed, varied, deleted or added to from time to time without notice by you at your sole and absolute discretion. These Terms and Conditions may be modified, added to, deleted or varied with notice by you by way of posting on the Website or in any other manner deemed suitable by you and shall take effect as and when determined by you. I agree to be bound by such changes, variations, deletions or additions to these Terms and Conditions as of the effective date determined by you and I further agree that continued access and use of the Services shall constitute my acceptance of these Terms and Conditions (as modified and varied from time to time) and/or any changes or variations to the Services or the Website or the information, materials, services, products or content contained therein.
Invitation to treat. I accept that the services, products, informational and other online resources and content provided by the Services under the Website or through my mobile shall be considered an invitation to me to subscribe to and/or use the Services. I understand and agree that any applications under or pursuant to the Services received by you from me shall be considered an offer on my part to use the Services and may or may not be accepted at your sole and absolute discretion.
Governing Law and Jurisdiction. This Agreement 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.
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.