TABLE OF CONTENTS
The following terms and conditions as amended from time to time (the "Terms and Conditions") are the general terms and conditions between AXIOS CREDIT BANK LTD (the "Bank") and each person (whether natural or legal) to whom the Bank provides banking services (the "Customer", which term shall include executors, administrators of estate and heirs or successors and lawful attorneys, receivers and liquidators, custodians and trustees). The Terms and Conditions form a binding contract between the Customer and the Bank, which governs the provision of all services offered by the Bank to the Customer, including the Bank's electronic banking services, and the operation of any account which may be opened by the Customer with the Bank (an "Account"), including accounts connected to the Bank's electronic banking service and accounts connected to the Bank's cards. Any special agreements that may be reached between the Bank and the Customer with respect to any service offered by the Bank to the Customer, or any Account, shall be read together with the Terms and Conditions, provided that in the event of any conflict or discrepancy the provisions of the former shall prevail.
The provisions of this Section D as amended from time to time are in addition to the remaining Sections and form an integral and indivisible part of the Terms and Conditions. In the event of any inconsistencies between the provisions of this Section D and the remainder of the Terms and Conditions, the former shall prevail in respect of the Customer's use of Axios Online Banking Services.
These definitions shall apply to the provisions of this Section
"Account" means an account held with the Bank and/or to be held with the Bank in the name of the Account Holder.
"Account Holder" means the Customer or Customers, whether natural, incorporated or unincorporated who has/have the Application for Use of Axios Online Banking Services which has been accepted by the Bank for the use of the services offered by Axios Online Banking from time to time.
"Authorised User" means the Account Holder and any person/s authorised by the Account Holder to use any of the services offered by Axios Online Banking.
"Computer" means the computer of a User which he uses to gain access to Axios Online Banking through the Internet, or through any other means of electronic connection, as shall be determined by the Bank from time to time.
"Internet" means the international information network.
"Axios Online Banking" means the services provided or which may be provided, from time to time, by the Bank for the execution of financial and/or banking and other transactions and/or orders and/or instructions, through the Internet, as shall be determined by the Bank from time to time.
1. Each Authorised User may use Axios Online Banking to access any Account, obtain statements and information in relation to any Account, and request payments and transfers in relation to any account.
2. The Bank will provide the Account Holder with a username and password to access Axios Online Banking system. In the event that an Authorised User has forgotten his password, he can apply to the Bank for a new password.
3. The Account Holder must ensure that any Authorised User accepts and always fully complies with the provisions of this Section D. In addition, subject to and in accordance with applicable laws and regulations, the Account Holder shall ensure that each Authorised User complies with all the mandates and/or instructions and/or directives issued by the Bank from time to time for the operation of Axios Online Banking.
5. The provisions of this Section D regulate and/or define the mutual responsibilities of the Bank and the Account Holder in respect of the latter's dealings through Axios Online Banking with the Bank.
6. The Account Holder shall ensure that each Authorised User maintains any account of the Account Holder within the limits of any credit facility that may have been provided to the Account Holder by the Bank with respect to such account. The Bank shall have the absolute right to refuse the execution of any instruction which results in exceeding the limit of any credit facility that may have been provided to the Account Holder by the Bank.
7. Transfer of funds from an account of the Account Holder to the credit of another account shall be made subject to acceptance by the holder of such other account. If this holder refuses to accept the credit of its account, the Bank shall not execute the transfer.
8. The Account Holder shall ensure that all instructions given to the Bank by any Authorised User are accurate and complete. An Authorised User can only cancel or change instructions where the Bank has not begun to execute the relevant instructions at the time it receives notification of the request for the cancellation or change.
9. The Bank shall have the absolute right to approve or reject any application for subscribing to Axios Online Banking.
Security & Limitation of Liability
10. The Account Holder irrevocably authorises the Bank to accept any instructions given through Axios Online Banking with the Account Holder's username, and password, or with the use of any other security procedures that the Bank may from time to time set in place and of which it shall inform the Account Holder in writing. The Account Holder declares, accepts and warrants that it bears full responsibility to ensure the compliance of all Authorised Users with the provisions of this Section D, and that it bears full responsibility for any instructions provided in accordance with this paragraph 10.
11. The Authorised Users must only use Axios Online Banking, the username, the password, and the PIN, in accordance with the provisions of this Section D and subject to and in accordance with any applicable laws and regulations and any such other terms and conditions that the Bank may from time to time adopt and notify to the Account Holder in any manner the Bank deems appropriate.
12. In addition to all other security measures contained in the provisions of this Section D, the Account Holder undertakes to ensure that each Authorised User will adhere to the following security procedures which the Account Holder recognises are essential to avoid access by unauthorised persons to the Account Holder's Account. The Account Holder recognises and agrees that he shall be fully liable for any loss caused either to himself, the Bank or any other person as a result of any Authorised User's failure to adhere to the safety procedures:
(a) The Authorised Users must take all necessary precautions to prevent fraudulent use of the username, password, or PIN and must never disclose the username, password or PIN to any unauthorised person. The Authorised Users must at all times be aware that under no circumstances whatsoever will an employee of the Bank request him to disclose to such employee or to anyone else his username, password or PIN. Each Authorised User must at all times take all necessary measures (i) to protect and keep secret his means of access to Axios Online Banking as well as his username, password and PIN, (ii) to keep safe his OTP Token or Displaycard, and (iii) must never write down his username or password in a way which could be revealed to anyone.
(b) Each Authorised User must be aware of his surroundings when accessing Axios Online Banking and must ensure that he is not being watched by someone or filmed on close circuit television.
(c) An Authorised User must never leave his computer unattended while logged in.
(d) An Authorised User must ensure that no key logging programs run on his computer since in such case his username, password or PIN may be seen and/or recorded.
(e) An Authorised User must take all reasonable measures on a regular basis to ensure that his Computers are, and to maintain them, free from all forms of software based malware including but not limited to spyware, viruses, trojans, key loggers, rootkits and worms. Reasonable measures include as a minimum, but are not limited to, the installation and maintenance of an up to date: antivirus system, spyware removal tool, rootkit scanner, and firewall.
(f) The Authorised Users must be vigilant and cautious with regards to electronic mail based systems including e-mail. The use of electronic mail based systems should be limited to use within the precautions set out in point (e). Extra vigilance must be displayed with regards to mails of unknown origins. At a bare minimum, mail attachments from an unknown sender must never be opened.
(g) The internet site address for Axios Online Banking is https://ebank.AXIOScy.com. An Authorised User must never act on the basis of any e-mail, letter or other communication allegedly sent or expressed by the Bank which instructs or encourages him to visit any other site representing that it is another, or the new site of Axios Online Banking.
13. An Authorised User must immediately inform the Bank in the event that he detects or realises:
(a) The loss or theft of his username, password, or the fact that his access or means of access to Axios Online Banking, his username or password, may be subject to or exposed to abuse or misuse.
(b) The debiting of any of his Accounts with the amount of any transaction effected outside of his will.
(c) Any error or malfunction in the keeping of any of his Accounts by the Bank.
14. The Account Holder shall be fully responsible for any instructions, relating to any Account, which the Bank receives through Axios Online Banking. The Bank shall be entitled to act on any such instructions, and shall bear no liability or responsibility for any losses incurred by the Account Holder and the Account Holder shall be liable for all of the transactions carried out on any of his Accounts. The Bank is under no obligation to verify the identity of any person giving any instructions, provided that the instructions are given in accordance with paragraph 10 of this Section D, and the Account Holder shall bear full responsibility with respect thereto.
15. If access is achieved through Axios Online Banking to any of the Accounts, the Bank will not be held responsible in any way for any losses whatsoever which any Authorised User or any other person may suffer as a result of the unauthorised access irrespective of whether such access was achieved with or without the use of the username, password, PIN or any other security code.
16. Save as provided by any applicable law and regulations, the Bank shall not be liable for any loss or damage to any Authorised User or any third person for any unprocessed or incorrectly processed instruction, due to negligence or electrical, electronic, mechanical, communication or similar failures or loss or damage resulting from incorrect information, misstatements of information, corruption of data, the malfunction of Axios Online Banking, strikes, war, natural disasters or any other causes if same are beyond the Bank's control. The Account Holder shall be liable and shall indemnify the Bank for any loss or damage suffered and/or to be suffered by the Bank in case such loss or damage is caused by reason of any act or omission of the relevant Authorised User, his agents and/or servants.
17. If for any reason whatsoever, it appears to the Bank that an unauthorised person has used or attempted to use Axios Online Banking, in order to interfere in any way with the Account(s) of any Account Holder or to give any type of instructions to the Bank, the Bank may disclose any relevant information to the police or such governmental or other authorities as it considers appropriate without first notifying the Account Holder. Notwithstanding the above-mentioned, if an Authorised User knows
or suspects that any third person knows or may know the username or password or that any unauthorised instructions have been provided in connection with any of the Accounts, the Authorised User must immediately change his password on Axios Online Banking.
18. Axios Online Banking is not directed to nor intended for distribution or use by any person or entity in any jurisdiction or country where the publication, use or availability of Axios Online Banking would be contrary to local law or regulation. It is the responsibility of the Account Holder to comply with the applicable local, national or international laws.
19. Each Authorised User's access to and use of the Bank's website is at the Account Holder's own risk. The Bank provides no warranty that the use of the Axios Online Banking System or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection.
20. The Account Holder must and has a duty to inform the Bank at once, in writing, of any change in his and/or any Authorised User's name, address, telephone number and/or e-mail address.
21. All telephone conversations may be recorded, and may be monitored and kept for such period of time, as the Bank from time to time shall decide.
22. The Bank shall have the right to introduce and/or adopt, from time to time, any additional codes and/or other security measures or procedures and it shall inform the Account Holder of same in writing.
Execution of Instructions
23. The Bank shall use all reasonable efforts to execute instructions received in accordance with paragraph 9 of this Section D within the following time frame:
a) Instructions received on any Business Day shall be processed on the same day or on the following Business Day the latest depending on the time the relative instructions were given to the Bank and on the nature of the instructions. The date on which the instructions are processed shall be referred to as "the execution date".
b) In case the execution date is a Bank holiday or the Bank is closed on that day, the instructions will be executed on the following Business Day.
c)The Bank reserves the right to delay the execution or / not to execute any instructions for transfers of funds if such instructions exceed the internal security limits set by the Bank, which are designed to protect the security interests of each Authorised User and the Bank and in such an event the relevant Authorised User shall be notified through Axios Online Banking of the fact that his instructions have not been executed.
All debits which will have to be allocated to any Account of the Account Holder shall be effected on the date on which the relevant instructions shall be executed.
24. In the case of instructions for fund transfers in foreign currency, the exchange rate that will be used for the transaction will be the Bank's applicable exchange rate as at the time the execution is carried out.
25. The Bank is not obliged to notify any Authorised User of the non-execution of any instructions due to lack of funds in the Account Holder's account or for any other reason except as provided by relevant law or the Terms and Conditions.
26. The Bank does not undertake to effect, after the due date, any payment which has not been effected on the due date, owing to lack of funds in the Account Holder's account, or for any other reason except as provided by applicable law or the Terms and Conditions.
27. Except as provided by applicable law, the Bank shall not under any circumstances bear any liability for any delay for whatever reason in the processing or execution of any instructions given under the provisions of this Section D or otherwise.
Correctness of Information
28. The Bank shall exert all reasonable efforts to ensure the correctness of any information received through Axios Online Banking but, except as provided by applicable law, the Bank shall not be responsible for the correctness of such information or for any loss, whether direct or indirect, suffered by an Authorised User or any third person where information is inaccurate.
29. The Bank may change the information contained on its website, or otherwise provided to the Account Holder in relation to the Axios Online Banking services, without notifying the Account Holder.
Limitation / Termination of the Use of the Axios Online Banking Services
30. The Bank may at any time and at its absolute discretion require that an Authorised User stops using his username, password or PIN, and the Bank shall have the right at any time, with or without prior notification of this intention, not to allow the use of the username, password or PIN provided that such right shall not be unreasonably exercised. Without limitation to the generality of the foregoing it is understood that the Bank shall be deemed to be acting reasonably in not allowing the use and/or permitting access to Axios Online Banking through the use of the username, password or PIN in all cases where the Bank in its absolute discretion endeavours to protect the interests of the Account Holder or any other customer of the Bank.
31. Subject to the provisions of any applicable laws and regulations, the Bank may at any time extend or limit the services offered through Axios Online Banking and at its absolute discretion decide the hours and the days during which Axios Online Banking or certain of the services provided through Axios Online Banking may be available, and may at any time and at its absolute discretion vary and/or amend its electronic banking services and/or its website at any time. The Bank has the right to suspend altogether the operation of Axios Online Banking. The Bank shall give notice to the Account Holder with regard to any of the above in due course, in any way it deems appropriate. For the avoidance of doubt, the Bank will not be responsible for any loss or damage (whether direct, indirect, consequential or otherwise) arising out of any failure to provide the electronic banking services or access to its website.
32. The Bank shall have the right at any time to withdraw, restrict or vary the abilities of the Account Holder and/or any Authorised User to use Axios Online Banking or any part thereof. The Bank shall give notice to the Account Holder with regard to any of the above in due course, in any way it deems appropriate. In addition, the services offered by Axios Online Banking may be restricted by the Account Holder in respect of any Authorised User by giving written instructions to the Bank, provided that the receipt of such instructions is confirmed by the Bank.
33. The Bank reserves the right to terminate the availability of Axios Online Banking Services by giving 7 days' notice to the Account Holder in any way it deems appropriate and the Account Holder may terminate same by giving the Bank 15 days' notice in writing.
34. Termination of the availability of Axios Online Banking Services to the Account Holder will not affect any accrued rights or affect any representations, warranties and indemnities given by the Account Holder, or any confidentiality obligation of the parties, which shall survive termination.
35. On termination of the availability of Axios Online Banking Services to the Account Holder for any reason, the Bank shall execute any instructions that were placed prior to the termination, or which are already in progress at the time of the termination, and the provisions of this Section D shall continue to bind both parties in relation to such instructions and the Bank may require the Account Holder to pay charges reasonably incurred as a result of termination.
36. Save as provided by any applicable laws or regulations, the Bank, at any time and at its absolute discretion, may refuse to execute any instructions and/or provide any information and/or provide any service to any Authorised User.
Axios Credit Bank Ltd
Company Number: 98378462
No 35-2, Jalan Manis 6
Taman Segar, Cheras 56100
Kuala Lumpur, Malaysia