1. In this Agreement where the context so admits the following expression shall have the meanings designated unless otherwise distinguished:-

Transcription

1 CIMB BANK KWIK ACCOUNT AGREEMENT (26 AUGUST 2014) Eligible for Protection by PIDM In consideration of CIMB BANK BERHAD [13491-P] opening a CIMB Bank Kwik Account in my name, I hereby agree to be bound by the following terms and conditions herein. Definitions 1. In this Agreement where the context so admits the following expression shall have the meanings designated unless otherwise distinguished:- a) The expression Account means the Accountholder's CIMB Bank KWIK Account, to which all payments for purchases of goods and/or services and cash withdrawals effected by the use of the Account and/or Card and all applicable fees and charges are debited; b) The expression Accountholder means the person to whom the Account is opened for and Card issued to, if applied for by the Accountholder and shall include his/her heirs, personal representatives and successors-in-title and the use of the words you or your shall mean the Accountholder; c) The expression Accountholder's Other Accounts means the Accountholder's other banking or other accounts with the Bank and/or CIMB Islamic Bank Berhad apart from the Account and includes an Accountholder's joint account with a third party; d) The expression Account Number means the account number allocated to the Account and the number allocated to the Card and embossed on the Card applied for by the Accountholder, if any; e) The expression adequate prior notice means the notice period of three (3) working days, which shall be deemed to be adequate prior notice to the Accountholder; f) The expression this Agreement means the agreement between the Accountholder and the Bank whereby the Account and Card, if applied for by the Accountholder, is made available to the Accountholder by the Bank upon the terms and conditions herein as well as the terms and conditions contained in the Bank's standard online application forms provided via CIMB Clicks and submitted online by the Accountholder to the Bank when applying for the opening of the Account and such other terms and conditions supplemented or amended from time to time; g) The expression the ATM means an automated teller machine; h) The expression the Bank means CIMB BANK BERHAD [13491-P] having its registered office at Level 13, Menara CIMB, Jalan Stesen Sentral 2,Kuala Lumpur Sentral, Kuala Lumpur and place of business at Level 19, Menara Bumiputra Commerce, 11 Jalan Raja Laut, Kuala Lumpur or at such other addresses or other locations as may be changed by the Bank from time to time and includes its successors-in-title and assigns; i) The expression billing currency means the billing currency in Ringgit Malaysia and includes its abbreviation RM ; j) The expression Card means the physical card issued by the Bank under the Account of the Accountholder; k) The expression Card Fee means the applicable prevailing fee that you need to pay when you apply for the issuance of a physical card under the Account; l) The expression CIMB Clicks means the Bank s internet banking website at m) The expression "CIMB Clicks User ID" means a unique name selected by you when registering for first time with CIMB Clicks, consisting of no less than six (6) and no more than thirty two (32) alphanumeric characters which must be keyed in by you every time you log on to CIMB Clicks, to allow CIMB Bank's Internet Banking system to associate it with your CRN and CIMB Clicks e-pin for verification and authentication purposes in order to grant you access to CIMB Clicks; 1

2 n) The expression CIMB Group means CIMB Group Holdings Berhad and all its related companies as defined in Section 6 of the Companies Act 1965 that provide financial and other regulated services, excluding companies, branches, offices and other forms of presence operating outside Malaysia; o) "CRN" means the sixteen digit number of an Automated Teller Machine ("ATM") Card or Credit Card as assigned by CIMB Bank or CIMB Islamic Bank in relation to your Account, as you may have or as may be opened by you, with CIMB Bank or CIMB Islamic Bank and which must be keyed in together with your CIMB Clicks e-pin for your first time registration with CIMB Clicks. p) The expression handling charge and additional charges means the handling charge and additional charges referred to herein; q) The expression "Internet Banking Password" means the 8 character, alphanumeric personal password that you select to access CIMB Clicks each time you log on to CIMB Clicks so as to allow CIMB Bank's Internet Banking system to associate it with your CRN and CIMB Clicks User ID for verification and authentication purposes prior to granting you access to CIMB Clicks; r) The expression MCI means MasterCard Worldwide, a company organised under the State of Delaware, having its office and principal place of business at 2000 Purchase Street, Purchase, New York, NY , United States of America of which the Bank is a member institution; s) The expression merchant shall include all merchants supplying goods and/or services; t) The expression PIN means the personal identification number of the Accountholder; u) The expression Replacement Card Fee means the fee payable by you for the replacement of a Card in accordance with the provisions of Clause 13.3; v) The expression "SMS" means Short Messaging Service; w) The expression Statement means the periodic statement which shows inter alia the amounts charged, debited from or credited to the Account; x) The expression Transaction Authorization Code (TAC) means the security feature that has been implemented to provide second layer of protection for online banking transactions, in addition to your CIMB Clicks User ID and Internet Banking Password. It is a unique, 6 digit code that needs to be entered for specific online transactions; and y) The expression working day means a business day (not being a Saturday or Sunday) on which banks, licensed to carry on banking business under the provisions of the Financial Services Act 2013, are open for business in Kuala Lumpur. 2. Account Opening 2.1. Application to open an Account shall be made online via CIMB Clicks or other designated channels as may be determined by the Bank from time to time. The acceptance and continuance of the Account will be entirely at the discretion of the Bank. The Bank reserves the right to reject and decline your application at the Bank s sole and absolute discretion or if the Bank s records show that you have been blacklisted by the Bank, Bank Negara Malaysia or MCI or if any of your account(s) has been monitored by the Bank due to unusual, irregular, suspicious, fraudulent and/or unauthorized activities or suspected misuse, or has been blocked, cancelled or terminated by the Bank provided always that the Bank shall have no obligation to provide to you the reason or evidence or grounds in declining your application. Whilst the application is open to all individual customers, the Bank reserve the right to reject any application and/or to decline to open the Account at the Bank s sole and absolute discretion without assigning any reasons whatsoever, and the Bank s decision shall be final and conclusive You shall comply with all the Bank s requirements to open the Account. In applying for the Account, using and/or operating the Account, you represent and warrant that (i) all information provided by you to the Bank is true, correct and complete (ii) you do not have any other CIMB Bank Kwik Account with the Bank (iii) you are at least eighteen (18) years of age and (iv) you have a registered mobile number and 2

3 mailing address in Malaysia. You agree that based on such disclosure, you shall be liable for misrepresentation or false, untrue or incorrect information disclosed by you for the opening of the Account and for the continued usage and/or operation of the Account, and you shall be liable and responsible for any damage or loss suffered or incurred by the Bank arising under any of your breach or default herein You acknowledge that the Account shall be governed by and subject to the terms and conditions set out in this Agreement, the Bank s Terms of Access governing the use of CIMB Clicks and CIMB Clicks Internet Banking Agreement ( the terms and conditions ) as amended, varied and/or reviewed from time to time by the Bank upon giving adequate notice. In the event of any conflict or discrepancy between any of the terms and conditions, the terms and conditions herein shall prevail and be deemed as binding on you The Account may be opened with or without the application by you for the issuance of the Card. If you apply for the Account with a Card, you are required to firstly pay the Card Fee in order for your application to be successfully processed. The Bank will not process any applications for the opening of Account with issuance of Card if the Card Fee has not been paid or received by the Bank. The payment of the Card Fee can be done online at CIMB Clicks via (i) Financial Process Exchange (FPX) or (ii) credit card; or at any other designated channels as may be permitted by the Bank from time to time By opening the Account, you hereby expressly acknowledge and agree that:- i. As and when required, you shall furnish the Bank with any information required by the Bank for the purpose of regulatory reporting obligations or for whatsoever reasons which the Bank deems reasonable or necessary i iv. You hereby give your express authorization and consent to the Bank to disclose relevant information to any third party solely for purposes of determining your eligibility to participate and/or for fulfillment of any benefits to be given to you herein or under any promotion or campaign which may be organized by the Bank or by the Bank in conjunction with other third parties from time to time. Such promotion or campaign may be communicated to you via CIMB Clicks and/or other designated channel as the Bank may select from to time. Notwithstanding the generality of the foregoing, in the event you do not wish to participate in such promotion or campaign and no longer consent to the aforesaid disclosure, you may contact the Bank at the following telephone number or address (which may be changed by the Bank from time to time by notice to you): 19 th Floor, Menara Bumiputra Commerce, 11 Jalan Raja Laut, Kuala Lumpur, Tel No.: You recognize and understand that the Account is not an interest bearing account and shall not earn any interest whatsoever. You recognize and understand that you shall not add or credit funds into the Account excess of the Maximum Amount as referred to in Clause v. You have been informed that the Account is eligible for protection by Perbadanan Insurans Deposit Malaysia (PIDM) and have downloaded a copy of the PIDM brochure which is available via CIMB Clicks. 3. Delivery of Card Where you have applied for the issuance of a Card, the Card to be issued under the Account will be delivered to the mailing address provided by you within fourteen (14) working days after the successful opening of the Account. Please ensure you have stated the correct mailing address in your application details to avoid your Card being sent to the wrong address. The Bank shall not be responsible for any error contained in your application including but not limited to any wrong mailing address keyed in by you in your application which results in the Card being sent to the wrong mailing address. The Bank shall further not be responsible if the Bank has sent the Card to the mailing address as stated in your application and in the Bank s records but due to whatsoever reason not known or attributable to the Bank you have not received your Card. 4. Activation of the Card 3

4 Upon your receipt of the Card, you must first activate the Card before you can use it at any merchant Point Of Sale terminal that accepts MasterCard or for any withdrawal of money. You will receive the PIN delivered to the mailing address provided by you during the account opening process. To activate the Card, you are required to call in to CIMB Bank s Call Center or SMS to the given number provided in the card mailer enclosing your Card. 5. Account and facilities available 5.1. The Account is opened for use in connection with the facilities made available by the Bank from time to time at its absolute discretion including but not limited to the following and the same may be changed, substituted or added or withdrawn by the Bank from time to time upon due notification to you:- i. the payment for any purchase of goods and/or services, which payment may be debited to the Account; and/or i iv. Fund Transfer including OctoSend as referred to below i.e. the transfer of funds from the Account to Accountholder s Other Accounts or to a third party account maintained with the Bank or CIMB Islamic Bank Berhad or any other fund transfer(s) from the Account as maybe permitted by CIMB Bank from time to time ; and/or the autopayment service ( Autopay Service ) whereby all amounts due and payable on the Accountholder's periodic official bills from the merchant(s) indicated in the application form for the Autopay Service are paid by the Bank and debited from the Accountholder s Account as instructed by the Accountholder in the application form for the Autopay Service; and/or cash withdrawal from the Bank s ATMs and/or other financial institution s ATM displaying the MasterCard name and/or logo via the use of the Card; and/or v. Remittance (Foreign Telegraphic Transfer, MoneyGram, Local & Foreign Demand Draft and Banker Cheque); and/or vi. v vi Bill Payment; and/or Prepaid Reload; and/or other facilities, subject to prior written agreement of the Bank Octosend The aforesaid facilities shall be subject to the Bank s terms and condition governing such facilities and/or services Subject to Clause 5.2.2, you may request for the transfer of money from the Account to another third party individual by entering all relevant information required together with the third party recipient s mobile number or address in the relevant column or section of CIMB Clicks. You will thereafter receive a claim code via SMS. You will have to communicate this claim code to your intended third party recipient who must use the claim code and the same mobile number or address entered by you to receive the fund or money To receive the fund or money, your intended third party recipient must either have an existing account maintained with the Bank or CIMB Islamic Bank Berhad or is required to open new CIMB Bank KWIK Account. The claim code is only valid for 7 days. The failure of the third party recipient to claim the fund or money intended to be transferred by the Accountholder to the third party recipient within the claim code validity period will result in the return of the unclaimed funds to the Accountholder s Account Autopay Service Upon the Bank's approval of the Accountholder's application for the Autopay Service, all amounts due and payable to the merchant(s) shall forthwith be paid by the Bank upon the Bank's receipt of 4

5 the merchant(s)' bills or other requests for payment. The Accountholder's previous instruction, if any, to:- i. another bank and/or financial institution to pay the merchant(s); and/or the merchant(s) to charge the amounts due and payable to the Accountholder s account maintained with another bank and/or financial institution, shall upon the Bank's approval of the Accountholder's application for the Autopay Service be deemed revoked and the Accountholder shall immediately notify the merchant(s) and/or the other bank or financial institution of the change of the Accountholder's paying instructions The Bank in providing the Autopay Service is not responsible for:- i. effecting payment of any charges to the merchant(s) on a timely manner and in this regard, the Accountholder shall not hold the Bank liable through any error, neglect, refusal or omission to pay or delay in paying all or any of the charges to the merchant(s); effecting payment of any charges made in good faith to the merchant(s); i paying all or any of the charges to the merchant(s) where there is no available or sufficient funds in the Accountholder s Account or where the use of the Card by Accountholder is terminated or suspended for any reason whatsoever or where the Card is not renewed or replaced, as the case may be, or where the Bank in its absolute discretion conclusively determines that the circumstances justify non-payment due to whatever reasons; and/or iv. paying any charges to the merchant(s) if the Accountholder shall at any time instruct the Bank to stop or cease any payment or cancel or terminate the Autopay Service. The Accountholder shall at all times remain primarily liable and responsible to pay all charges due and owing to the merchant(s) directly and the Bank shall not at any time be obliged to inform the Accountholder of any non-payment by the Bank of all or any of the aforesaid charges. In the event of non-payment by the Bank of any charges due and payable to the merchant(s), the Accountholder shall resolve such outstanding payments with the merchant(s) directly. In the event the Accountholder s Account number changes, the Accountholder shall be responsible for informing the merchant of the change in the Accountholder s Account number. The Bank however, may (but is not obliged to) in its absolute discretion accept any request for payment(s) billed to the Accountholder s previous Account number and make payment thereon, subject to the available credit in the previous Account number Where there is insufficient funds in the Accountholder 's Account to pay the charges of all the merchants, the Bank may:- i. elect not to make any payment of any charges to all or any merchants in which event the Accountholder shall resolve all outstanding payments with the merchant(s) directly; or in its absolute discretion conclusively determine the order of priority of payment of the charges of whichever merchant(s) the Bank deems fit in which event the Accountholder shall resolve all outstanding payments with the relevant merchant(s) directly whose charges are owed by the Accountholder The Accountholder shall indemnify the Bank against any loss, cost, damage, expense, claim or demand (including legal expenses on a solicitor and client and full indemnity basis) which the Bank may sustain or incur as a consequence of providing the Autopay Service to the Accountholder The obligation of the Bank to effect payment to the merchant(s) as instructed by the Accountholder shall immediately cease upon:- i. the termination of the Autopay Service by either the Bank or the Accountholder giving to the other party not less than one (1) month's notice in writing whereupon the expiry of the one (1) month period from the date of the notice of termination, the Autopay Service shall be terminated; or 5

6 the termination of this Agreement and/or the Account. Notwithstanding the above, the Accountholder is responsible for informing the relevant merchant in writing that the Autopay Service has been terminated and to request the said merchant to discontinue the billing to the Bank. Until such time the merchant informs the Bank that the Autopay Service has been terminated, the Bank shall be entitled (but not obliged) to make payment to such merchant notwithstanding that this Agreement is terminated, the Account is terminated or cancelled and/or the Accountholder has informed the Bank in writing that the Autopay Service has been terminated and the Accountholder shall remain liable for such payments made by the Bank to the merchant Notwithstanding anything contained herein, the Bank reserves the right to discontinue, suspend, or terminate the Autopay Service at any time by giving the Accountholder adequate prior notice and not effecting the payment of charges to the merchant(s). The Accountholder shall at all times remain primarily liable and responsible to pay all charges due and owing to the merchant(s) directly and in the event the Bank exercises such rights, the Bank shall not incur any liability to the Accountholder shall resolve all outstanding payments with the merchant(s) directly. 6. MasterCard SecureCode services for Internet Transactions In the event the Accountholder wishes to use the Account for payments relating to Internet Transactions, the Accountholder must first register for the MasterCard SecureCode service ("Service") at our website (or such other website which the Bank may notify you from time to time). By registering for the Service, the Accountholder shall be deemed to have agreed to be bound by the terms and conditions governing the Service as set out in the aforesaid website (which terms and conditions may be varied from time to time and at any time by the Bank at its sole and absolute discretion by giving the Accountholder twenty one (21) calendar days prior notice). 7. Signature on the Card i. Where you have applied for the issuance of a Card, upon the receipt of the Card, you shall IMMEDIATELY sign on the Card. Your signature on the Card or on any sales draft, transaction record, credit voucher, and/or other charge record and/or use of the Card and/or acknowledgement of receipt slip (Document) will constitute as binding and conclusive evidence of (i) your entering into this Agreement with the Bank and (ii) your agreement to comply with all the terms and conditions of this Agreement and be bound by them in connection with the use of the Card provided always that use of the Card shall be regarded as sufficient and conclusive evidence of transactions effected under the Account regardless of whether you have signed your signature on the Card and or on any of the Document. i The Card is not transferable and shall be used exclusively by you. The Card may not be pledged or charged or used in any manner by you as security for any purpose whatsoever. You may at any time terminate the use of the Card by written notice to the Bank and returning to the Bank, the Card cut in halves across the magnetic strip and across the chip (if the Card has a microchip embedded therein). You shall be and remain liable for all transactions effected through the use of the Card prior to the Bank s receipt of such written notice of termination together with the Card cut in halves. 8. Card Verification Value (CVV) Number Retrieval Accountholder who did not apply for the issuance of a Card or pending activation of the Card may retrieve their CVV Number and expiry date of the CVV Number of the Account online via CIMB Clicks. The CVV Number is required for effecting any payment for purchase of goods and/or services online. Accountholder will need to submit his or her request for the said retrieval where a six (6) digit transaction authorization code (TAC) will be delivered via SMS to the Accountholder s handphone number in the Bank s records. Once the Accountholder submits the TAC correctly via CIMB Clicks, the CVV number of the Account and expiry date will be displayed online via CIMB Clicks. 9. Pre-Authorisation 6

7 Where the Card is used to pay for petrol transaction(s), the Bank shall have the right to withhold and/or suspend payment of an amount of up to Ringgit Malaysia Two Hundred (RM 200) from your Account for a period of two (2) days after the date of the said petrol transaction(s). Where the Card is used to pay for hotel stay, the Bank shall also have the right to withhold an amount equivalent to the amount held by the relevant hotel during check-in to the relevant hotel for a maximum of eight (8) days. 10. Compliance with laws and conditional use and availability of Account/Card The use of the Account and/or Card shall also be subject to the Bank's prevailing conditions, rules and regulations and all other terms, conditions and regulations governing the Accountholder's Other Accounts including any exchange control regulations of Bank Negara Malaysia. The Accountholder shall at all times comply with all applicable laws and regulations with regard to the use of the Account and/or Card and without prejudice to the generality of the foregoing provision, the Accountholder shall ensure that it complies with all exchange control regulations of Bank Negara Malaysia and that it does not use the Card for any unlawful activities such as, but not limited to, illegal online (as these phrases are commonly known) betting Without prejudice to the generality of the foregoing, the use of the Account and/or Card and availability thereof is conditional upon:- i. there being no contravention of any laws in relation thereto; and the Accountholder representing and undertaking (and continually representing and undertaking) to the Bank that the Bank's agreement to grant or make or continue to make available the Account to the Accountholder will not contravene nor be in breach of any prevailing laws or regulatory requirements or any other provisions or restrictions that may be imposed upon the Bank from time to time by Bank Negara Malaysia or such other authority having jurisdiction over the Bank including, the Association of Banks in Malaysia ( The Applicable Laws and Regulations ) The Applicable Laws and Regulations to which the Account and/or Card is subject shall include but shall not be limited to:- i. all prevailing provisions of the Financial Services Act 2013 ( FSA ) and Anti-Money Laundering and Anti-Terrorism Financing Act 2001 ( AMLA ); i all prevailing Bank Negara Malaysia's guidelines and directives issued in respect of FSA and AMLA; and all guidelines, lending limits or restrictions issued by Bank Negara Malaysia or any other governmental authority from time to time including those pertaining or applicable to the grant and/or use of the Account and/or Card to and/or by persons connected to the Bank The Accountholder shall immediately notify the Bank in writing if:- i. the Accountholder is or becomes in breach of any of The Applicable Laws and Regulations; or any of the terms and conditions hereincontained ceases to be satisfied or is discovered to have been breached or not been satisfied by the Accountholder. The Accountholder in giving declaration(s) in respect of any of the aforementioned or any terms and conditions hereincontained where required by and upon terms stipulated by the Bank shall be deemed to represent and warrant to the Bank that the contents therein shall remain true and accurate in all respects so long as the Account and/or Card remains available or any sums due thereunder remains payable. 11. Telecommunication Instructions The Bank may (but is not obliged to) at its sole discretion accept instructions from the Accountholder over the telephone in relation to the Account and/or Card, including but not limited to requests to do the following:- 7

8 i. change of mailing address; or reporting of lost card; or i replacement of lost or damaged cards; or iv. other transactions which may be determined by the Bank from time to time Prior to accepting such instructions over the telephone, the identity of the Accountholder will first be verified by the Bank's representative through a security process established by the Bank which may incorporate the Accountholder's personal details Notwithstanding Clause 11.1and 11.2 above, the Bank may request for a written confirmation from the Accountholder of the Accountholder's instructions prior to implementing the same The Bank shall not be liable or responsible to the Accountholder for any loss or damage however caused or suffered by the Accountholder in following or omitting to follow any or all of the instructions set out in Clause The Accountholder acknowledges and agrees that:- i. the Bank may record all telephone conversations between the Accountholder and the Bank's representative; and by the very nature of telephone conversations, the Bank shall not be responsible for unauthorised third parties overhearing such conversations The Accountholder further authorises the Bank to act on his instruction given by facsimile or other means of telecommunication and any request made by the Accountholder to a merchant or a provider of service for the supply of goods and/or services to be charged to the Account or Card shall constitute authority for the Bank to debit the relevant Account with such amount charged. The Accountholder hereby irrevocably agrees to indemnify the Bank for all actions, claims, losses, liabilities or damages suffered by the Bank in agreeing to act on the Accountholder s verbal, faxed or telecommunicated instructions The Bank is irrevocably authorised (but not obliged) to contact and/or notify the Accountholder by electronic mail, or by telephone or by SMS whereby text or other electronic messages or information are sent to the Accountholder s address or mobile phone number on record with the Bank or such other address or number which the Bank deems appropriate. Information sent by electronic mail or by SMS may consist of such information as the Bank deems appropriate and may include (but not be limited to) reminders sent in respect of payment due dates, updates on benefits, programmes and promotions and other information of general interest and/or specific to the Accountholder The Accountholder shall be fully responsible for the security and safekeeping of the information he receives The Bank hereby disclaims all liability to the Accountholder for any loss or damage (direct, indirect, special or consequential), loss of business or profits, or loss or damage of any nature suffered by the Accountholder arising from or occasioned by any:- i. malfunction or defect in the transmission of information for whatever reason; i iv. inaccuracy, incompleteness, delay or non-delivery of any information transmitted or wrongful transmission of any information to any third party; wrongful, unauthorised or improper access to, use or interpretation of the information transmitted; and claim for libel or slander arising from the transmission of any information. 12. Termination and/or Suspension of Account/Card The Card is and will be, at all times, the property of the Bank and shall be surrendered to the Bank immediately upon request by the Bank or its duly authorised agent. The Bank may withdraw, suspend 8

9 and/or terminate at its absolute discretion, the Card and/or Account and/or any of the services thereby offered as it deems fit in its absolute discretion and regardless of whether or not any event of default has occurred by giving the Accountholder adequate prior notice. It is further agreed that the Bank is under no obligation whatsoever to reveal the reason for the termination or suspension of the use of the Card and/or Account In addition to the Bank's rights contained in Clause 12.1 above and Clause 37, the Bank may withdraw, suspend and/or terminate the Card and/or Account and/or any of the services thereby offered immediately, without assigning any reasons, notwithstanding that the Bank may have waived its rights on some previous occasions, upon the occurrence of any one or more of the following events:- i. if the Accountholder should commit or threaten to commit a default or breach of any of the agreements, covenants, stipulations, terms or conditions herein contained on the part of the Accountholder to be observed and performed; i iv. ifthe Bank has been notified that the Accountholder has committed an act of bankruptcy and/or a bankruptcy notice and/or a petition for bankruptcy should be presented or an order be made for any adjudicating and/or receiving order against the Accountholder; if the Accountholder should have furnished false or inaccurate information or data to the Bank; if the Accountholder shall become insane or die; v. if the whereabouts of the Accountholder is unknown to the Bank for more than three (3) months; vi. v vi if the Bank is of the view that suspicious or abnormal transactions are being carried out on the Card and/or Account and such suspension and/or termination is reasonably required to prevent fraudulent or unauthorized transactions; if the Accountholder is found to have breached any applicable laws or regulations with regard to the Accountholder s use of the Card and/or Account; or if the Bank suspects that the Account is being used for any illegal purposes whatsoever; or if the Bank is notified and requested by any authority, including but not limited to Bank Negara Malaysia, the Royal Malaysia Police, the Government of Malaysia or any other statutory or governmental authorities ( the relevant authorities ) to refrain from performing any transaction under the Account as abovementioned regardless of whether the relevant authorities have the legal or valid authority to so request the Bank In withdrawing, suspending and/or terminating the Card and/or Account and/or any of the services thereby offered pursuant to this Agreement including any action which may be taken by the Bank such as returning any instruments deposited for collection as provided herein the Accountholder agrees that the Bank shall not be held liable for defamation and or for breach of contract and or for any losses damages expenses costs or charges whatsoever which may be claimed against the Bank by the Accountholder or by any other person based on whatsoever grounds The Accountholder further agrees that should the Bank be sued or be made a party in any suit arising out of the Bank s action in withdrawing, suspending and/or terminating the Card and/or Account and/or any of the services thereby offered pursuant to this Agreement ( the Action ) or should the Bank before or after the Action commence any suit including but not limited to any interpleader proceedings against any party including the Accountholder for any appropriate relief or declaration to be made by any court, all penalties losses damages claims expenses charges and costs (legal or otherwise including costs on a solicitors and client basis and party to party costs ) which may be awarded by the court against the Bank or which the Bank may incur shall be fully indemnified by the Accountholder In so acting pursuant to any terms, conditions and provisions herein the Accountholder agrees that the Bank shall not be held liable or responsible for any losses, damages, expenses or costs whatsoever which may be claimed against the Bank on the grounds that the Bank has not been fixed with notification of the relevant events mentioned in Clause 12.2(ii) and Clause 12.2(ix) by reason of the 9

10 notification being irregular, invalid, erroneous, mistaken, void, not effective or by reason of any other grounds whatsoever Irrespective of the transaction date, the Accountholder shall continue to be liable for the usage of the Card and/or Account despite the return of the Card In the event of the termination of the Account and/or Card whether by the Accountholder or by the Bank no refund of any fees or any part thereof will be made to the Accountholder by the Bank. 13. Accountholder s Responsibility and Liability Save as hereinafter provided you shall be and shall remain responsible for the costs incurred for all goods and services supplied by any merchants effected through the use of the Account and/or Card whether or not such usage is authorised by you. You shall be under a duty to use utmost care, diligence and precautions to prevent the loss, theft or fraudulent use of the Account and/or Card and you shall indemnify and hold the Bank harmless against any liability for loss, damage, costs and expenses (legal or otherwise) arising from your breach of such duty You must immediately report to the Bank and to the police any loss and/or theft of the Card followed by a written confirmation to the Bank together with a copy of the police report within seven (7) calendar days from the date of the loss and/or theft. You shall be and shall remain liable to the Bank for any goods or services supplied by merchants effected by the use of the Card by any person before the Bank s receipt of your written or verbal notification of the loss and/or theft of the Card. Notwithstanding the foregoing, the Bank shall however limit your liability to RM for the Card for unauthorized transactions as a consequence of the Card being lost or stolen provided you have not:- i. acted fraudulently; or failed to inform the Bank as reasonably practicably after having found that the Card is lost or stolen. If the Bank can prove on a balance of probabilities that you acted fraudulently or failed to inform the Bank as reasonably practicably after having found that the Card was lost or stolen, your liability for such unauthorized transactions shall be unlimited. In the event that you are not satisfied with the Bank s decision in relation to any matter arising from this clause, you may refer the dispute to the Financial Mediation Bureau for resolution of the said dispute. When the lost or stolen Card is recovered, you agree not to use the Card which has been recovered and shall immediately return the same, cut in halves across the magnetic stripe and across the chip (if the Card has a microchip embedded therein), to the Bank The Bank is not obliged to issue a replacement Card to you following its loss or theft. If the Bank decides to issue a replacement Card, it will be subject to the following Replacement Card Fee:- i. RM10.00 in the event of any reported loss or theft of the Card for the first time; RM50.00 in the event of any reported loss or theft of the Card for the second time. The Bank reserves the right not to replace the Card in the event of any reported loss or theft of the Card for the third time In the event that a replacement Card is issued, all monies standing to the credit of the Account shall be transferred to the new Account bearing the same number as the replacement Card. 14. Account Suspension Accountholder may request the Bank to suspend the operation or usage of the Account at any time by contacting the Bank s CIMB Clicks Call Center and thereafter to remove such suspension by contacting the Bank s CIMB Clicks Call Center. Notwithstanding the aforesaid, the Bank shall not be liable or responsible for any delay or failure in suspending the Account and the Accountholder shall remain liable and responsible for all transactions effected through the Account. 15. Renewal of Card (applicable for Account with Card) 10

11 15.1. Upon the expiry of the validity period of the Card, the Bank may issue you a new replacement Card provided that the Bank may at its sole discretion refuse to issue a new replacement Card without having to assign any reason whatsoever. 16. Limit of Purchases and Transactions The limit for purchase and transactions on the Account and/or Card shall be the amount available in the Account or such other limit which the Bank may impose at any time at its sole discretion upon giving adequate prior notice to the Accountholder Notwithstanding the aforesaid, the Accountholder shall remain and be liable for all his liabilities including but not limited to all purchases and transactions exceeding the amount in credit in the Account.In amplification and not in derogation of the aforesaid, the Bank is not duty bound in any way whatsoever to ensure that the amount in credit in the Account is not exceeded by the Accountholder The Bank may (but shall not be obliged to) at any time and from time to time contact you to validate a transaction carried out on the Card as a measure to prevent any possible unauthorised use of the Account. In the event that the Bank is unable to contact you the Bank may (but shall not be obliged to) decline the transaction without liability to the Bank. In the event the Bank permits the transaction to be carried out, you shall remain liable for the charges incurred and/or monies withdrawn. 17. Fees and Charges The Accountholder agrees to pay the following fees and charges: i. an annual fee for the Account if and when imposed by the Bank upon the Bank giving the Accountholder 21 calendar days prior notice; i iv. any service tax or other impost which may be imposed by any relevant authority from time to time; a handling charge for the issue of a replacement Card (applicable for Account with Card); charges for the provision of copies of sales drafts and any other further supporting documents or services the Bank may from time to time provide unless otherwise stipulated by the Bank; v. fees and charges for any or all of the Account transactions effected through the use of the Account/Card (including but not limited to transactions via the ATM and/or cash withdrawals); and vi. such other fees and charges which the Bank may at its sole and absolute discretion impose from time to time upon giving the Accountholder twenty one (21) calendar days notice prior to the effective date of implementation. The quantum of the fees and charges payable shall be of such amount which the Bank may determine and such determination shall be final and conclusive and shall not be questioned on any account whatsoever. Such fees may be debited to the Account. For full details of the applicable fees and charges in relation to the Card and/or usage of the Account, please refer to the fee structure table in CIMB Clicks. 18. Records of Transaction and billing currency The Bank shall be entitled to treat:- i. any sales draft, transactions record stored or recorded electronically or otherwise, credit voucher and/or other charge record bearing the imprint or other reproduction of the embossed information contained on the Account and/or Card; and/or 11

12 the Bank's record of any other transactions effected by the use of the Account and/or Card including but not limited to transactions effected via mail order or via the telephone or via the internet or via any other mechanical, electrical or electronic or media or devices as evidence of a transaction properly incurred by the Accountholder to be debited to the Account notwithstanding that any such document may not contain the signature of the Accountholder or that such signature of the Accountholder (if appearing) differs to the signature of the Accountholder. Accountholder agree that the records of the Bank of any transaction effected by the use of the Account and/or Card shall be conclusive and binding on the Accountholder for all purposes. Notwithstanding the above, if the Bank receives satisfactory and irrefutable documentary evidence that any transaction effected on the Account is due to fraud not occasioned or contributed by the acts and/or omissions on the part of the Accountholder and provided always that the Accountholder has complied strictly with terms and conditions contained in this Agreement, the Bank may at its sole and absolute discretion elect not to debit the charges incurred arising from the fraudulent transaction from the Account All debts if incurred in a currency other than the billing currency shall:- i. before being debited to the Account, be converted into the billing currency at such rate of exchange as may be conclusively determined by MCI as at the date of entry into the Account; and be subject to an administration charge of 1% of the amount transacted or such other rate as may be conclusively determined by the Bank from time to time upon giving you twenty one (21) calendar days prior notice and such charge may be debited to the Account. 19. ATM Transactions Upon request by you, the Bank will provide a PIN for the Card issued to you to enable you to obtain cash withdrawals via the ATM at any of the Bank s branches or at the ATM of any other bank or institution with whom the Bank has an arrangement(s) for the use of the said banks or institutions ATM, subject to the applicable daily withdrawal limit of such ATM. You shall not disclose this PIN to any other person under any circumstances The Bank shall not be responsible or liable in any way whatsoever for any loss, damage, injury, inconvenience or embarrassment howsoever caused to or incurred or suffered by you including but not limited to instances where transactions cannot be effected or are erroneously effected whether by reason of defect, breakdown, stoppage or closure, interruption or loss of power supply to the ATM ("Technical Defects") or otherwise or where the Card is not honoured or accepted for use or where the Card is retained by the ATM by virtue of the Technical Defects or for whatsoever other grounds or reasons as shall be determined solely by the Bank The operating hours, type of operations, facilities and services available to you as well as the frequency and manner of the use of the Card to effect transactions via the ATM shall be determined by the Bank from time to time in its sole and absolute discretion. 20. Cash Withdrawals You may obtain cash withdrawals by the following means:- i. use of the Card at any ATM in accordance with Clause 19.1; or for all out of country transactions via ATM and/or any member institutions of MCI whereupon the exchange rates (if applicable) imposed for such cash withdrawals shall be the prevailing exchange rates determined by the Bank at its sole discretion from time to time. You shall be fully responsible for ensuring that such transactions shall not violate the laws existing in the country where the transactions are carried out The Accountholder may request the Bank to transfer funds from his Account to any of the Accountholder s Other Accounts. In addition to the foregoing, the Accountholder irrevocably authorizes the Bank (without having to seek the Accountholder s prior consent) to debit and transfer funds from his Account to any of the Accountholder s Other Accounts held with the Bank to honour cheques, 12

13 settle any debit transactions and/or generally to place such account into funds where such account has insufficient funds whether due to the termination of an overdraft facility or otherwise. The Bank may (but shall not be obliged to) transfer funds as aforesaid. Funds transferred pursuant to this clause will be treated as a cash withdrawal by the Accountholder The Accountholder agrees to be liable for all cash withdrawals or transfers performed through the Account. 21. Statement of Account A monthly statement for the Account is made available to the Accountholder online at CIMB Clicks or such other mode as may be determined by the Bank from time to time and it is hereby agreed that all such statements shall be deemed to have been received by the Accountholder upon it being made available online via CIMB Clicks The Bank may select any day of the month as the monthly statement date and upon receipt or deemed receipt of the statement the Accountholder is deemed to have examined all entries in the statement The Accountholder hereby expressly covenants and undertakes with the Bank that the Accountholder shall notify the Bank in writing of any error, discrepancy or inaccuracy of any kind whatsoever in the statement made available online within fourteen (14) calendar days from the date that the Accountholder is deemed to have received the statement. If the Accountholder does not notify the Bank in writing or fail to inform the Bank of any error, discrepancy or inaccuracy of any entry in the statement then the Accountholder shall be deemed to have accepted the entries contained therein made up to the date of the last entry in the statement as correct and as final and conclusive evidence of the facts contained therein and binding on the Accountholder and the Accountholder shall thereafter be precluded from making any claims against the Bank by alleging that its said statement contains any error, discrepancy or inaccuracy In the event the Accountholder requests the Bank for statements of account (in hard copy), the Bank may charge the Accountholder RM5.00 for each request and such sums may be debited from the Accountholder s Account. The Bank shall not be obliged to furnish the Accountholder with any statements, or copies of such statements or sales slips or other records of transactions which relate to transactions which have occurred more than twelve (12) months from the date of the Accountholder s request All payments for the purchases of goods and/or services effected by the use of the Card or through the use of the CVV number of the Account and all fees, handling charges, additional charges and any other applicable fees and charges will be debited to the Account and shall be reflected in the Statement. 22. Changes in charges In amplification and not in derogation of the Bank s rights contained in Clause 31,the Bank shall be entitled at its sole discretion at any time and from time to time to vary the rates or method of calculation of annual fees, handling charges and any other applicable fees or levies provided for herein by giving twenty one (21) calendar days prior notice to the Accountholder. The Accountholder hereby agrees that the Bank shall be entitled to adopt any one or more of the following manner or methods of communication concerning changes in annual fees, handling charges and any other applicable fees or levies including the effective date of any such change:- i. by posting a notice in the Bank's premises stating such changes and its effective date of change; and/or i by way of a single publication in one or more newspaper of the Bank's choice of such changes and its effective date of change; and/or by posting an insertion in the Bank's statement of account of such changes and its effective date of change; and/or 13

14 iv. by posting a notice of such changes and its effective date of change to the Accountholder by way of an ordinary or registered post; and/or v. by sending notice of such changes and its effective date of change by SMS or electronic mail to the Accountholder or by posting the notice of such changes and its effective date of change on CIMB Clicks The communication made by the Bank hereunder shall be deemed to have been received by or communicated to the Accountholder:- i. on the date of posting of the notice in the Bank's premises if communication is made or effected by the Bank in accordance with the provision of Clause 22.1(i) above; and/or i iv. on the date of first publication in any newspaper of the Bank's choice if communication is made or effected by the Bank in accordance with the provision of Clause 22.1(ii) above; and/or three (3) calendar days after the date of posting of the Bank's statement of account to the Accountholder if communication is made or effected by the Bank in accordance with the provision of Clause 22.1(iii) above; and/or three (3) calendar days after the date of posting of the notice to the Accountholder by ordinary or registered post if communication is made or effected by the Bank in accordance with the provision of Clause 22.1(iv) above and/or v. on the date the notice of such changes are sent by SMS or electronic mail to the Accountholder or the date such notice of changes are posted to CIMB Clicks in accordance with the provision of Clause 22.1(v) above. The failure of the Bank to give any notice to the Accountholder regarding the variation shall not relieve the Accountholder from his obligation to pay the annual fees, handling charges and any other applicable fees or levies at the varied rate(s) or at the varied methods of calculation. The decision of the Bank as to the rates chargeable or the method of calculation thereof shall be final and conclusive and shall not be questioned on any account whatsoever. 23. Inactive / Dormant Account (Updated Clause) 23.1 Account with no credit and/or debit transaction (other than transaction conducted by the Bank for purposes of debiting for fees and/or charges payable by Accountholder to the Bank) for six (6) months or more will be deemed as dormant accounts and shall be immediately suspended and closed Accountholder shall be notified by the Bank via electronic mail at least 21 working days prior to Account closure due to the Account being deemed a dormant account To avoid closure of the Account pursuant to Clause 23.1, the Accountholder must perform any credit and/or debit transaction on the Account prior to Account being deemed a dormant account 24. Account Closure The Bank shall close the Account immediately or at such time as the Bank deems fit upon the receipt of a closure request from you via CIMB Clicks or via the Bank s Card Call Centre or upon the withdrawal, suspension and/or termination of the Card and/or Account effected by the Bank pursuant to Clauses 12.2, 23 or 37 without the necessity to give any reasons,. In connection with such closure of the Account, the Bank shall arrange for refund of the balance in the Account, if any, to the Accountholder after deducting the stamp duty and any relevant fees. Such refund shall be made within thirty (30) calendar days via funds transfer or by way of Bankers Cheque or Bank Draft to be sent by post or by any other means or such other mode of payment as determined by the Bank. 25. Payments and Credits into Account Save for payment made via cheques which is not permitted, you may add money and credit monies into the Account in the following manner or such other manner which the Bank may prescribe from time to time:- 14