•  AmBank Mobile Banking (for retail banking customers only)

THESE TERMS AND CONDITIONS APPLY TO YOUR ACCESS AND USE OF THE AMBANK MOBILE BANKING SERVICE PROVIDED BY AMBANK (M) BERHAD (8515-D).

THESE TERMS AND CONDITIONS ARE IN ADDITION TO AND SHALL BE READ IN CONJUNCTION WITH AMBANK ONLINE BANKING SERVICE TERMS AND CONDITIONS.

YOUR USE OF NON-BANKING SERVICES OFFERED BY THE AMBANK MOBILE BAKING PRO APPLICATION IS SUBJECT TO TERMS OF USE AND PRIVACY POLICY OF UNOS WHICH MAY BE FOUND AT www.myunos.com.

PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS. BY ACCESSING AND/OR USING THE AMBANK MOBILE BANKING SERVICE YOU ARE DEEMED TO HAVE READ AND AGREED TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO MADE FROM TIME TO TIME. BY ACCESSING AND/OR USING THE AMBANK MOBILE BANKING APPLICATION FOR NON-BANKING SERVICES YOU ARE DEEMED TO HAVE READ AND AGREED TO BE BOUND BY UNOS TERMS OF USE AND PRIVACY POLICY.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS AND/OR USE OF THE AMBANK MOBILE BANKING SERVICE AND APPLICATION.

DISCLAIMER - NO WARRANTY

Although the Bank endeavors to ensure the accuracy and validity of all information relating to the transactions and the Bank's products and services, please note that the AmBank Mobile Banking Service is provided on "as is" and "as available" basis, without any warranty of any kind, either express, implied or statutory. The Bank specifically disclaims any warranty of merchantability or fitness for a particular purpose, warranty of title, non-infringement of intellectual property rights or third party rights. You are advised to evaluate and ensure that the quality of the products and/or services accessed or purchased through the AmBank Mobile Banking Service meets your expectation. The Bank shall not be responsible for any electronic virus(es),worm(s), spywares or malwares which may be  transmitted via the AmBank Mobile Banking Service.

To the fullest extent permitted by law, the Bank does not warrant that the AmBank Mobile Banking Service will be provided uninterrupted or free from errors or that any identified defect will be corrected and that the information on the AmBank Mobile Banking Service is accurate, complete, timely or reliable. The Bank expressly disclaims liability for any delays, errors or omissions in the transmission of the Content (as hereinafter defined).

LIMITATION OF LIABILITY

Under no circumstances and under no legal theory, tort, contract, or otherwise, shall the Bank or AmBank Group be liable to you or any person for any direct or indirect, punitive, special, incidental, or consequential damages of any character, including and without any limitation, loss of goodwill, loss of use, loss of data, profits, work stoppage, computer failure or malfunction, or any and all commercial damages or losses that arise by accessing and/or using the AmBank Mobile Banking Service. Your sole remedy, financial or otherwise, for any damage or claim arising out of any defect with the use of the AmBank Mobile Banking Service shall be limited to the Bank reprocessing the affected data or transaction at no cost to you.

1.       GENERAL
 

This Terms and Conditions shall be read alongside any additional terms and conditions governing any product or service provided by the Bank . In the event of conflict, this Terms and Conditions shall prevail.

Upon registration for the AmBank Mobile Banking Service you shall be automatically enrolled for the AmBank Contact Centre Service as defined hereunder.

You shall be bound by the Contact Centre Service terms and conditions which is reproduced at the end of this Terms and Conditions.
 

THE CONTENT OF THE TERMS AND CONDITIONS IS SUBJECT TO CHANGE AT THE SOLE AND ABSOUTE DISCRETION OF THE BANK.

NOTHING IN THE TERMS AND CONDITIONS IS TO BE CONSTRUED AS AN OFFER OR SOLICITATION TO SELL OR BUY SECURITIES OR OTHER FINANCIAL INSTRUMENTS, OR AS ADVICE OR RECOMMENDATION WITH RESPECT TO SUCH SECURITIES OR OTHER FINANCIAL INSTRUMENTS.

THE AMBANK MOBILE BANKING SERVICE SHALL BE PROVIDED EXCLUSIVELY TO ACCOUNTHOLDERS OF THE Bank OF THE AGE OF EIGHTEEN (18) YEARS AND ABOVE.

2.       DEFINITIONS

2.1     The definitions in AmBank ONLINE BANKING SERVICE will continue to apply to AmBank MOBILE BANKING, unless defined otherwise. The following terms and expressions shall have the following meanings unless otherwise defined:
 

“Account” means any one or more accounts either opened individually or jointly, held with the Bank including but not limited to your savings, current, credit card or debit card account or such other accounts as may be determined by the Bank from time to time.

“Access Device” means personal computer, or mobile phones and any other such devices that connects you to the Internet.

“Alliances” means participating merchants or Payee Corporations or any other entity whose products, services or information are made available by the Bank.

“AmIslamic Bank” means AmIslamic Bank Berhad (Company no. 295576-U).

“AmBank Contact Centre Service” or "Contact Centre Service" means the phone banking service made available by the Bank.

“AmBank Mobile Banking Service” means the secured and controlled total communication and service delivery platform for the delivery of banking services by the Bank on the Mobile Phone and other compatible mobile devices deploying data-enabled mobile phone software and SMS (short Messaging Service)-enabled mobile phone software which shall include the WEB/WAP mobile banking interface.

"AmBank Online Banking Service” means the online banking service(s) made available by the Bank.

“AmBank Group” means collectively all of the following entities:

(i) AMMB Holdings Berhad (Company No: 223035-V); and

(ii) all the Related Corporations and Associate Corporations (as defined in Companies Act 1965) of AMMB Holdings Berhad (Company No: 223035-V); and

(iii) all the Related Corporations and Associate Corporations (as defined in Companies Act 1965) of the Bank.

whether incorporated inside or outside Malaysia, existing now or in the future and reference to ‘AmBank Group’ in this Agreement shall include all or any entity within the AmBank Group;

“The Bank” means AmBank (M) Berhad (Company No.8515-D) and AmIslamic Bank Berhad (Company No. 295576-U).

“Banking Services” means the products and services of the Bank made available to you via the AmBank Mobile Banking Service.

“Bill Payment Service” means the services made available by the Bank to you for payment of Bills.

“Bills” shall mean bills issued by the Payee Corporation for the use or purchase of goods or services by you from the Payee Corporation.

“Content” shall mean proprietary and non-proprietary information and works of text, hypertext, music, voice, video, multi-media work or art for promotional, educational, informational and/or entertainment purposes made available through the AmBank Mobile Banking Service.

“Internet” means the worldwide network of computer networks that use the TCP/IP network protocols to facilitate data transmission and exchange.

“Instruction(s)” means any communication, operation, transaction, request or instruction to the Bank effected by use of a valid Login ID and Password

"Login ID” means a unique name made up of a string of characters (which may consist, but not limited to numerical or alphabetical characters) chosen by you in order for the AmBank Mobile Banking Service system to associate the Login ID with your profile and Account(s).

“Mobile Phone” means the compatible cellular phone, or such other communication devices which are used to access the AmBank Mobile Banking Service.

“Network Service Provider” means, the 3G/Edge/GPRS/WIFI access to the network service provider's connection to the Internet, the provision of World Wide Web data and the incidental storage of data.

“Password” means a string of characters, chosen by you and stored in the Bank's computer system in an encrypted form, which must be entered   by you in order for the Bank's system to authenticate your Login ID to grant you access to the AmBank Mobile Banking Service.

“Payment Date” means the date selected by you for payment to be made.

“Payee Corporation” means corporations approved by the Bank and AmBank Group from time to time for the Bill Payment   Service and displayed on the AmBank Online Banking Service and AmBank Mobile Banking Service bill payment screen.

“Terms and Conditions” means these terms and any amendments and/or variations thereto for access and/or use of the AmBank Online Banking Service and AmBank Mobile Banking Service.

“Transaction Cut-Off Time” means 11p.m. on any Working Day, unless indicated otherwise on the Web Site.

“Web Site” means the web site located at URL: http://www.ambankgroup.com.

“Working Day” means the day(s) when banks and/ or other financial institutions in Malaysia are open for business which shall exclude Saturdays, Sundays and public holidays.
 

2.2     References to 'persons' shall include companies, corporations and individuals.

2.3     References to 'you', 'your' and 'yours' are references to customers of the Bank and AmBank Groupto whom the Bank has agreed to provide the AmBank Online Banking Service and AmBank Mobile Banking Service which includes individuals and joint-accountholders.

2.4     Words importing the singular shall include the plural and vice versa.

2.5     Any banking term not specifically defined or described herein shall be construed in accordance with the general practice of the banks and financial institutions in Malaysia. Any term relating to computer technology not specifically defined or described herein shall be construed in accordance with the general practice and the trade of computer companies and the information technology industry in Malaysia.

2.6     In the event of any conflict in the interpretation of this Agreement and any translation of the Agreement in any language, the English version shall prevail.
 

3.      ELIGIBILITY FOR THE AMBANK MOBILE BANKING SERVICE
 

3.1     The AmBank Mobile Banking Service is only available to accountholders of the Bank of the age of eighteen (18) years and above who hold existing AmBank Online Banking Account. For joint accounts, the AmBank Mobile Banking Service is only available to the account with the mandate of “either one to sign” only (“Joint Account”).

3.2     The Bank reserves the right to reject or accept any application for the AmBank Mobile Banking Service at its sole and absolute discretion. Where the Bank rejects an application, it shall not be obliged to provide any reasons or explanation for such a rejection.
 

4.      APPLICATION

4.1     You should read all terms and conditions, rules and/or regulations attached to each application form for each product and/or service that you wish to apply for.
 

5.      YOUR LOGIN ID AND PASSWORD

5.1     By using the AmBank Mobile Banking Service you hereby warrant and undertake that you shall keep your Login ID, Password and Account information confidential at all times. If your Login ID and/or Password has been compromised, misused, is lost or stolen, or if you suspect that someone has transferred or may transfer money from your Account without your permission, or if you suspect any fraudulent activity on your Account, you are required to notify the Bank immediately using the contact information provided below followed by written confirmation. You shall not be liable for transactions entered into after the Bank has received such notice.

5.2     In the case of Joint Accounts (with the mandate of “either one to sign”), a separate Login ID and Password shall be used by each Joint Accountholder. When conflicting or inconsistent instructions are received from two (2) or more Joint Account holders, the Bank shall be entitled to act on the earlier instruction received from any one of these instructions without any liability to or for any failure to act on the other instruction.

5.3     In the event one (1) of the Joint Account holders loses his or her Login ID or Password, the Bank shall remain authorised to carry out any of the Instruction(s) issued by the remaining Joint Account holder(s) through the AmBank Mobile Banking Service.

5.4     The Bank reserves the right to suspend and/or revoke the use of your Login ID and Password at any time subject however to the Bank having given you notice as soon as reasonably practicable. The Bank shall not however be required to provide any reasons for such suspension or revocation.

5.5     The Bank shall not be liable for any loss or damage in the event of any unauthorised use or access to your Login ID and Password under any circumstances save and except if such loss or damage is directly caused by the Bank's gross negligence or intentional misconduct.
 

6.      BILL PAYMENT SERVICE

6.1     The Bill Payment Service requires sufficient time for your Payee Corporation to receive your payment and credit your account properly. To avoid incurring charges, you should schedule your payments sufficiently in advance of the due date of your payment.

6.2     The Bill Payment Service shall only be used for the purpose of settling Bills to the Payee Corporation(s). The Bank shall not be liable for any disconnection or disruption in the supply of services or purchase of goods to you or any defect or deficiency in any goods or services from the Payee Corporation. You are advised to contact the Payee Corporation(s) should you experience any such disconnection or disruption or dissatisfy with the goods or services. You shall resolve all complaints, claims and disputes against the Payee Corporation directly and not through the Bank. You agree not to enjoin the Bank in any such claim or dispute or legal proceeding against the Payee Corporation.

6.3     The Bank may at any time, at its sole discretion, vary the list of Payee Corporations or withdraw any Payee Corporation from the list without providing any reason to you and without prior notice to you, the Bank shall not be liable for any loss or damage, which you may suffer as the result of this. In the event the Payee Corporation list is varied, the Bank will inform you accordingly by way of a message broadcast through the AmBank Online Banking Service secure messaging system.
 

7.      CREDIT CARD

7.1     The issuance of the Bank’s VISA/MasterCard card(s) (hereafter referred to as "the Card") by the Bank to the Cardmember and the use of the Card on the Internet or Mobile Phone by the Cardmember shall be subject to the terms and conditions of the Card.
 

7.2     For the purpose of this clause, all words and expressions shall have the same meaning as that in the terms and conditions of the Bank’s VISA/MasterCard Agreement.
 

8      INTERBANK GIRO

8.1     By using this AmBank Mobile Banking Service, you hereby request and authorise the Bank through your Instruction(s) to debit your Account(s) with a specified amount of funds (inclusive of any service charges levied by the Bank for the use of this service) and to transfer such specified amount less the said service charges to either your account(s) or to a third party account maintained with any one of the participating financial institutions as may be determined by the Bank from time to time. The amount specified (inclusive of the service charges levied) must not exceed the limit per day as set out in this Web Site for the Interbank GIRO, which limit shall be determined by the Bank and may be varied from time to time at its absolute discretion.

8.2     Notwithstanding Clause 9.4 herein, the Transaction Cut-Off Time for the Interbank GIRO services shall be 11.00 am on a Working Day. Instruction(s) received after 11.00am on a Working Day or on a Non-Working Day shall be processed on the next Working Day. For the purposes of these services, Non-Working Day is herein defined as Saturdays, Sundays and Federal Territory Public Holidays.

8.3     Although the Bank shall endeavor to process all Instruction(s) received, it accepts no responsibility for doing so and accordingly, the Bank shall not incur any liability through or by its omission to follow any Instruction(s). You hereby acknowledge and agree that the Bank shall not be responsible or liable for any delay, error or failure to effect the funds transfer where the other financial institutions to which the funds transfer is to be made has delayed, rejected, refused or is otherwise unable to accept such funds transfer. In the event this occurs, the Bank shall immediately or as soon as practicable inform you of such fact.

8.4     The Bank hereby reserves the right to make any additions, modifications, deletions or variations to these terms and conditions governing the Interbank GIRO at its sole discretion with notification to you.
 

9.      INSTRUCTIONS

9.1     You hereby agree that any Instruction(s) from you is an authorisation for the Bank to rely and act upon your Instruction(s).

9.2     Instruction(s) will only be accepted by the Bank if it has been effected through the AmBank Mobile Banking Service using an appropriate Login ID and Password. However, the Bank shall not be liable for any loss which you and/or any third party may sustain from the Bank's acting on such Instruction(s), whether given by you or deemed to have been given by you whether authorised or not.

9.3     Any one of the Joint Account holders may issue Instructions through the AmBank Mobile Banking Service and authorise the Bank to effect any transactions on the Account(s). When conflicting or inconsistent Instructions are received from two (2) or more Joint Account holders, the Bank shall be entitled to act on any one of the earlier instruction received of these Instructions without any liability to or for any failure to act on the other Instruction.

9.4     Notwithstanding anything stated herein, Instructions given before the Transaction Cut-Off Time on a Working Day will be processed the same day. All Instructions given after the Transaction Cut-off Time on a Working Day or on a day that is not Working Day, will be processed the next Working Day.

9.5     The Bank reserves the right, without having to assign any reasons, to refuse to act on any Instruction(s) given to the Bank.

9.6     Your Instruction(s) shall be deemed received by the Bank upon issuance of a reference number on the confirmation page. For records of your dealings with the Bank and for subsequent verification, you are advised to print or save (if applicable) in your Mobile Phone a copy of the confirmation page for all transactions affected through the AmBank Mobile Banking Service.

9.7     Any Instruction(s) given by you shall be deemed irrevocable and binding on you upon submission.

9.8     Should you have any reason to believe that an Instruction(s) has not been accurately or completely received by the Bank, you shall inform the Bank by immediately contacting the AmBank Contact Centre through the contact information/ number provided herein, or in any other case no later than twenty-four (24) hours after transmission of the relevant Instruction(s) by yourself.
 

10.    MOBILE BANKING TRANSACTION RECORDS

10.1   You agree that the Bank's records shall be conclusive evidence of your dealings with the Bank in connection with the AmBank Mobile Banking Service.

10.2   You hereby agree not to object to the admission of the Bank's records as evidence in any legal proceedings on the basis that such records are not originals, not accurate, are not made in writing or are computer generated documents.
 

11.    DISCLOSURE OF INFORMATION

Where the Bank needs to transfer any information to other financial institutions or to any of the Bank's Alliances in order to execute your Instructions, you shall authorise the Bank to transmit and store information about you and your Account(s) to provide these third parties with such information. You shall further authorise the Bank to disclose such information to any entity within the AmBank Group to enable the cross selling or servicing of the AmBank Group's products and services to you. However if you are not agreeable to sharing your information for the purposes and/or to the parties stated in these Terms and Conditions, the Bank advises you to cease using the AmBank Mobile Banking Service immediately. You hereby agree and understand that the Bank, or any third party to whom the Bank has transmitted information about you or your Account(s), may disclose this information if required or authorised by law to do so.
 

12.    FEES AND CHARGES

You acknowledge that the Bank shall be entitled to levy or impose service charges or transaction fees and/or to vary such fees from time to time in respect of the AmBank Mobile Banking Service rendered to you subject however to the Bank having given you notice of the same. Subject to such prior notice, you hereby authorise the Bank to debit your account with such fees, commissions and charges. You are liable for any mobile charges, online banking charges and any charges made by your Network Service Provider as a result of the use by you of the AmBank Mobile Banking Service.
 

13.    LIMITS ON TRANSACTIONS AND ACCOUNT INFORMATION

         The Bank is entitled to set limits on transaction(s) performed by you through the AmBank Mobile Banking Service. The limit(s) set by the Bank may be varied from time to time and the Bank shall inform you accordingly of such changes. Notwithstanding the limit(s) set by the Bank, you can choose to set a lower limit for transactions carried out on your Account(s) through the Service, in which case the lower limit set by you shall prevail. You agree to adhere to the limit(s) set by the Bank or by yourself for all transactions. While the Bank takes reasonable steps to ensure that any information pertaining to your Account(s) obtained through the AmBank Mobile Banking Service is up to date, you hereby acknowledge and agree that such information may not be up to date as there may be Instruction(s), transactions and/or charges incurred which have yet to be processed by the Bank or are in the midst of being processed and shall consequently hold the Bank not liable for the same.
 

14.    REPORTS AND QUERIES

14.1   In case of any reports on errors and/or queries regarding the AmBank Mobile Banking Service on your Account(s), transactions, payments or electronic payments, you may contact the Bank on the aforesaid matters at the contact information provided below.
 

15.    TERMINATIONS OR SUSPENSION OF AMBANK MOBILE BANKING SERVICE

15.1   Your use and access to the Web Site and/or the AmBank Mobile Banking Service may be terminated or suspended whether in part or whole by the Bank at any time subject however to the Bank having given you notice as soon as reasonably practicable.

15.2   Notwithstanding the aforesaid, the Bank shall have the absolute discretion to suspend or terminate your right of access to the AmBank Mobile Banking Service immediately upon the closure, termination or your failure to maintain any Account(s) with the Bank or for any other related reason deems fit by the Bank.

15.3   You may terminate your use and access to the AmBank Mobile Banking Service by giving the Bank fourteen (14) days prior written notice. Upon doing so, you agree not to thereafter use the AmBank Mobile Banking Service and you further agree that the Bank shall not be obliged to effect any Instruction(s) received on any day falling after receipt of your notice of termination.
 

16.    LIABILITIES

16.1   You shall be responsible for and liable for any loss or damage suffered by the Bank as a result of your breach of this Terms and Conditions.

16.2   The Bank will take reasonable steps to ensure that any information pertaining to your Account(s) obtained through this AmBank Mobile Banking Service is up-to-date, but shall not in any way be deemed to warrant or represent that the information available on or about your Account(s) through the AmBank Mobile Banking Service will be accurate or up to date.

16.3   You shall be solely responsible for the purchase, installation, maintenance and operation of Access Devices.

16.4   Under no circumstances and under no legal theory, tort, contract, or otherwise shall the Bank and the AmBank Group be liable to you or any person for any direct, indirect, special, incidental, or consequential damages of any character, including and without any limitation, damages for loss of goodwill, loss of use, data, profits, work stoppage, computer failure or malfunction, mobile phone failure or malfunction or any and all commercial damages or losses due to your access and/or usage of the AmBank Mobile Banking Service where any one of the following circumstances occur:
 

•    where the Bank  has reason to doubt the authenticity of the Instruction(s). In such an instance, the Bank is under no obligation to furnish reasons for exercising its discretion not to act on the Instruction(s);

•    where the Bank  is required by law to prohibit withdrawals from your Account(s);

•    where your Account(s) is frozen or closed;

•    where you are unable to access or use the AmBank Mobile Banking Service or any hyperlinked web sites;

•    the use or reliance of the Content of the AmBank Mobile Banking Service (and/or any hyperlinked web sites);

•    where you fail to provide necessary and/or accurate information or Instruction(s) for the performance or completion of transactions;

•    where there is delay in performance or non-performance of any obligation of the Bank herein due to any cause beyond the control of the Bank  including but not limited to technical breakdown, strikes or other industrial action or communications or power failure, a system, server or connection failure, error, omission, interruption, delay in operation or transmission, or intrusion of computer viruses and spamwares, malicious codes, or corruption;

•    where the amount  of funds in your Account(s) is insufficient for the Instructions to be performed;

•    where there is an inability to perform any transactions due to limits set by the Bank or by yourself as provided under Clause 13 above;

•    where you fail to follow the current instructions, procedures and directions for using  AmBank Mobile Banking Service wherever provided;

•    where there is any loss or damage caused by third parties or any circumstances beyond the Bank’s reasonable control;

•    where there are errors, alterations or destruction of any Instruction(s), data or information transmitted through the  AmBank Mobile Banking Service;

•    when your Access Devices or Mobile Phone have been altered, damaged, misused, abused, modified by you or any third party or are affected by  virus(es) worm(s), spywares, malwares or other tracking devices which prevented or interrupted your use of the AmBank Mobile Banking Service or caused damages or losses out of the same

•    where there is a failure or delay caused by the browser software or by any Internet Service Provider or any other software provider(s); and

•    where there are any other circumstances beyond the reasonable control of the Bank.
 

16.5   Regardless of any other provisions stated herein, your sole remedy, financial or otherwise, for any damage or claim arising out of any defect with the use of the AmBank Mobile Banking Service shall be limited to the Bank reprocessing the affected data or transaction at no cost to you.
 

17.    RIGHT TO SET-OFF

17.1   The Bank may at any time, with notice to you, as soon as reasonably practicable and in the manner the Bank deems fit, set-off from your Account(s) or any other accounts maintained by you with the AmBank Group, to make good any amount(s) where you have incurred as liability to the Bank, whether arising out of the Terms and Conditions set out herein or pursuant to any transaction(s) executed with the Bank or by operation of law.

17.2   The Bank shall not be liable for any damages, losses or expenses suffered by you as a result of the Bank exercising its rights hereunder and you agree to hold the Bank harmless from any claim arising from the Bank exercising its right to set-off.

17.3   The Banks' right under Clause 17 herein shall not be affected by your death, bankruptcy, insolvency or if legal process is levied against you.
 

18.    INTERNATIONAL USE

18.1   The use of the AmBank Mobile Banking Service outside of Malaysia shall be subjected to the laws and regulations of Malaysia and the country where the transaction is effected or requested including but not limited to the Exchange Control Regulations of Bank Negara Malaysia or any fiscal or exchange control requirements enforced in the country where the transaction is effected or requested.

18.2   The maximum amount of a transaction and the purpose for which it is effected may be determined by Bank Negara Malaysia and/or the laws and regulations of the country in which the transaction is effected or requested.

18.3   You hereby agree that you are using the AmBank Mobile Banking Service at your own initiative and free-will and are responsible for your compliance with all applicable laws and regulations.
 

19.    ASSIGNMENT, MERGERS AND/OR ACQUISITIONS

19.1   You hereby agree that the Bank shall be entitled to assign the rights and obligations under this Agreement to any member of the AmBank Group.

19.2   You acknowledge and consent that the obligations created by this arrangement shall continue to be valid and binding for all intents and purposes notwithstanding any merger, acquisition, reconstruction, amalgamation or otherwise which may be made on the Bank whether or not resulting in the change of name in the new entity.
 

20.    COPYRIGHT AND TRADEMARK NOTICES

20.1   All ownership rights, copyright, trademarks and other intellectual property rights attaching to, contained or vested in this AmBank Mobile Banking Service and all Content, data, information, details, materials, literature, manuals or graphics contained in this AmBank Mobile Banking Service are properties of the Bank and the AmBank Group unless otherwise indicated. The Bank strictly prohibits any use of any of its aforesaid rights in any manner whatsoever without its express prior written consent.

20.2   Copying, reverse engineering, automated browsing, downloading, commercial exploitation of the Content made available through the AmBank Mobile Banking Service is prohibited, except when it is explicitly permitted by the Bank in writing

20.3   All intellectual property rights, design and contents of this AmBank Mobile Banking Service shall belong to the Bank other than those intellectual property rights of vendors or Alliances who have permitted the Bank usage and reproductions of the Content on this Service.
 

21.    DISCLAIMERS

21.1   Although the Bank endeavors to ensure the accuracy and validity of all information relating to the transactions and the Bank's products and services, you affirm and understand that the AmBank Mobile Banking Service is provided on "as is" and "as available" basis, without any warranty of any kind, either express, implied or statutory. The Bank specifically disclaims any warranty of merchantability or fitness for a particular purpose, warranty of title, non-infringement of intellectual property rights or third party rights. You are advised to evaluate and ensure that the quality of the products and/or services accessed or purchased through the use of the AmBank Mobile Banking Service meets your expectation. The Bank shall not be responsible for any electronic virus(es), worm(s), spywares or malwares which may be  transmitted via the AmBank Mobile Banking Service.

21.2   To the fullest extent permitted by law, the Bank does not warrant that this AmBank Mobile Banking Service will be provided uninterrupted or free from errors or that any identified defect will be corrected and that the information on the AmBank Mobile Banking Service is accurate, complete, timely or reliable. The Bank expressly disclaims liability for any delays, errors or omissions in the transmission of the Content and to the accuracy, completeness and timeliness of the same.

21.3   You agree that the Bank relies on its Alliances for the information on the Alliances and their products, services and offers and that the Bank expressly disclaims all responsibility and liability in respect of such information, products, services or offers contained in the AmBank Mobile Banking Service including but not limited to its accuracy, completeness and timeliness.

21.4   It is your responsibility to verify the information and seek independent professional advice before acting on and relying upon the information on this service as a basis for your decision.

21.5   The Bank shall not be liable for any personal injury, death or damages to tangible or intangible property to any person, arising out of or resulting from the use of the AmBank Mobile Banking Service.
 

22.    INDEMNITY

22.1   You hereby agree to indemnify and keep fully indemnified the Bank and the AmBank Group, its employees, agents, co-branders, Alliances against any action, claim, demand, expenses (including legal fees on a full indemnity basis) suffered or incurred by the Bank and the AmBank Group arising from your access and/or use of the AmBank Mobile Banking Service save and except for such losses and damages directly caused by the Bank's gross negligence or intentional misconduct including but not limited to:-

•    use or misuse of the AmBank Mobile Banking Service or the Content on this Service and any hyperlinked web sites and the services provided therein;

•    your breach or non-observance of the Terms and Conditions herein; and

•    infringement of rights of any third party in conjunction with your use or access to this AmBank Mobile Banking Service.

•    the unavailability of the AmBank Mobile Banking Service due to location, mobile network availability and the proper functioning of the Mobile Phone and the Access Device.
 

23.    LINK TO THIRD PARTY WEBSITES

23.1   The Bank shall not be responsible for any links to other third parties web sites which are displayed on the Web Site and disclaims any liability for the privacy practices or the content of these linked web sites. The Bank and AmBank Group’s privacy policy shall cease once you are transferred to other third parties web sites through any of the links displayed on the Web Site. The Bank strongly advises you to read the privacy policies of any other third parties web sites before you are transferred to those web sites.
 

24.    PROMOTION AND OFFERS

24.1   Information given through the AmBank Mobile Banking Service includes exclusive deals and promotions offered by the Alliances. Any correspondence or business dealings with or participation in promotions of or any payment and delivery of goods or services, and terms, conditions, representations associated with such deals and promotions are strictly between you and the Alliances. The Bank shall not be responsible or liable for any loss or damages incurred as a result of any such association between you and the Alliances.

24.2   In respect of Content offered by Alliances, the Bank does not and shall not:

•    assume any responsibility whatsoever for the accuracy or appropriateness of the information contained therein;

•    verify such information or make any representations, warranties or guarantees concerning such information;

•    have control over their contents;

•    impliedly endorse the availability of the goods or services offered by the Alliances;

•    represent and/or endorse the content; and

•    be liable for damages of any kind arising from the use or reliance of the contents in the advertisements, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
 

24.3  The Bank advises you to contact the Alliances directly if you have any queries or complaints regarding the Content provided by them.
 

25.    MODIFICATION OF THE TERMS & CONDITIONS

25.1   The Bank reserves the right to amend the Terms and Conditions herein at its sole discretion at any time. The Bank shall provide notice of such changes by any method it deems appropriate which shall include but not limited to broadcasting a message on the AmBank Online Banking Service's welcome page.
 

26.    PRIVACY POLICY

26.1   The AmBank Privacy Policy Statement which is made available at www.ambankgroup.com shall apply to this Terms and Conditions.
 

27.    ANTI-SPAM POLICY

27.1   The Bank will not permit spammers to operate on its servers. When using the Content on this AmBank Mobile Banking Service, you agree not to send bulk unsolicited e-mail with commercial messages to other users of this AmBank Mobile Banking Service or the public; nor interfere, harass, threaten or abuse other users; nor post or distribute any obscene, hateful, racially offensive information or materials.

27.2   You shall have an option to receive e-mails from the Bank which messages may be unrelated to the purpose of the services offered under the AmBank Mobile Banking Service. If you choose not to receive such e-mails, please inform the Bank using the contact information provided below.
 

28.    NOTICES

28.1   You consent that all notice(s) and other communication required under this Terms and Conditions or which concerns the AmBank Mobile Banking Service shall be deemed to have been delivered:
 

•    At the time of delivery, if delivered personally;

•    After the third (3) day of posting, if sent by ordinary post;

•    Upon receipt of confirmation status that the notice has been successfully delivered, , if sent by facsimile transmission;

•    One (1) day after the dispatch of the notice to a courier service provider, if sent by courier;

•    Twenty-four (24) hours after sending, if sent by electronic mail to your last known e-mail address as provided to the Bank;

•    Twenty-four (24) hours after sending, if sent by secure messages to your AmBank Online Banking account;

•    Upon display of the notice in the Bank's premises;

•    On the date of publication of the advertisement, published in any local newspaper;

•    Two (2) days after the date of posting of the notice contained in the Bank's statement of account;

•    Upon the availability of the message or notice on the Web Site;

•    When notified to you in any other manner as the Bank deems fit.
 

28.2   All notices from you to the Bank concerning the AmBank Mobile Banking Service and/or the Terms and Conditions shall be in writing, signed by you and sent to the Bank at the address provided below or in any such other way or to such other address as the Bank may notify you from time to time.

28.3   All references to date and time shall be taken to be references to Malaysian date and time.
 

29.    RESPONSIBILITY AND UNDERTAKINGS

29.1   You shall, at all times, be responsible for obtaining and using the necessary Internet/GPRS/3G browser and/or any other hardware and/or software necessary including any new and recent versions thereof, which is necessary to obtain access to and the AmBank Mobile Banking Service at your own risk and expense.

29.2   You shall be responsible for the maintenance of any account that you may have with a Network Service Provider for your access to AmBank Mobile Banking service and you hereby agree, acknowledge and understand that such access will, to that extent, be subject to the terms and conditions of your Network Service Provider.

29.3   You agree and acknowledge that the Bank shall not be held liable for your inability to access AmBank Mobile Banking Service or any part thereof, the rejection of your transactions, the incorrect processing of your transactions as a result of your failure to maintain your account with the Network Service Provider or your failure to obtain or use the necessary Internet/GPRS/3G browser and/or other hardware and/or software including but not limited to any failure to upgrade the relevant Internet/GPRS/3G browser and/or software or to use the new and recent versions of the same as may be required by the Bank.

29.4   You agree to observe all security measures in relation to your Account(s) and the access to and use of the AmBank Mobile Banking Service as specified in this Terms and Conditions  and any other rules and regulations, policies or guidelines as may be in force in relation thereto.

29.5   You shall furnish the Bank with complete, accurate and timely data, information and Instructions in relation or in connection with any transactions and performance of any transactions made through  the AmBank Mobile Banking Service.

29.6   You shall not initiate any claims, actions or suits against the Bank, for any unauthorised use of and the AmBank Mobile Banking Service whether as a result of your Internet Banking / Mobile Banking Password and Internet Banking / Mobile Banking User ID being compromised or otherwise.

29.7   You shall, at all times, observe and abide by the provisions of this Terms and Conditions and any other relevant agreement entered into between the Bank and you and any other rules, regulations, policies and guidelines currently in force.

29.8   You shall not interfere with the access to and use of the AmBank Mobile Banking Service by other customers and you shall not use AmBank Mobile Banking Service for any purpose other than conducting authorised transactions pertaining to your Account(s). You shall also not hack, attempt to hack or gain unauthorised access, whether directly or indirectly, into the AmBank Mobile Banking Service or any other customer's account(s) for any purpose whatsoever.

29.9   You shall observe all reasonable propriety and etiquette in your communications with the Bank and shall not communicate any obscene or defamatory information to or on AmBank through the AmBank Mobile Banking Service.

29.10  You shall keep yourself informed and updated of the Bank’s relevant and applicable policies and practices and other terms applicable to your Account(s), the Banking Services, and AmBank Mobile Banking Service as provided by the Bank to you.
 

30.    AmBank Mobile Banking Service   

30.1   Subject to this Terms and Conditions and any other terms and conditions as may be relevant to a particular Banking Service, and subject to you having and maintaining the relevant Account(s) pertaining to any transactions made through AmBank Mobile Banking Service, the Bank offers you with the following Banking Services (as applicable):-

30.1.1        Balance Inquiry

30.1.2        Bill Payment

30.1.3        Repayment

30.1.4        3^rd Party Transfer

30.1.5        Own Account Transfer

30.1.6        IBG Transfer

30.1.7        Cheque Management and

30.1.8        Any other new Banking Service(s) as maybe offered by the Bank, the AmBank Group, or its subsidiaries, affiliates or other third parties from time to time. By using these new Banking Service(s) as they become available, you agree to be bound by this Agreement in relation to these new Banking Service(s) in so far as it is applicable.
 

30.2   Where new Banking Service(s) are introduced pursuant to Clause 30.1.8 above, you agree and acknowledge that by utilising such new Banking Service(s) you shall be bound by the terms and conditions in force governing such new Banking Service(s).

30.3   For the avoidance of doubt and notwithstanding anything contained in this Terms and Conditions, you agree and acknowledge that the Bank reserves the sole right and discretion to limit, cancel or suspend any or all of the Banking Services herein in whole or in part at any time without giving any reason or explanation of the same and without incurring any liability whatsoever to you for doing so. Further thereto, the Bank may also add, withdraw or change the types of transactions that may be available or carried out through these Banking Services.

30.4   The use of services other than Banking Services offered by the AmBank Mobile Banking PRO application, including Voice, S-MailS, service deliveries and other non-Banking Services that may be added from time to time, are subject to UNOS Terms of Use and Privacy Policy found at www.myunos.com.

30.5   The AmBank Mobile Banking Service will only be available for Mobile Phone and data connections which meet the required specifications and configurations as may be specified by the Bank from time to time, and you agree to procure and maintain a Mobile Phone and data connection which meet these requirements at your own expense and shall exempt the Bank from any liability in meeting the specifications and configurations prescribed

30.6   You further agree that the Bank shall be entitled at any time, at the Bank’s sole discretion and without prior notice, to temporarily suspend the operation of AmBank Mobile Banking Service for updating, maintenance and upgrading purposes, or any other purpose whatsoever that the Bank deems fit, and in such event, the Bank shall not be liable for any loss, liability or damage which may be incurred as a result.

30.7   You acknowledge and agree that the Bank may, in its sole and absolute discretion, without notice and from time to time add to, vary, alter, suspend or remove any part of or all of AmBank Mobile Banking Service, or any function or feature of the AmBank Mobile Banking Service, without giving any reason and without incurring any liability.
 

31.    FORCE MAJEURE

No party shall be liable for any failure, delay or inability to fulfill any obligations provided herein due to the causes which are beyond its control which shall include but not limited to floods, storms, strikes, wars, fires, terrorist activities, Acts of God, acts of the government authority or epidemics (“Force Majeure”). Notwithstanding the aforesaid, the obligations of the parties shall immediately resume upon the Force Majeure cease to exist. 
 

32.    GOVERNING LAW AND JURISDICTION

32.1   This Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.

32.2   By accessing and/or using the AmBank Mobile Banking Service, you hereby consent to submit to the exclusive jurisdiction of the courts in Malaysia.

 

CONTACT INFORMATION

AmBank Contact Centre
Telephone Number	603-2178 8888
Mailing Address	P.O. Box No. 12617 50784  Kuala Lumpur.
Email	customercare@ambankgroup.com