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CIMB Lazada Prepaid MastercardAccount Terms & Conditions

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CIMB LAZADA PREPAID MASTERCARD ACCOUNT AGREEMENT

Eligible for Protection by PIDM

In consideration of CIMB BANK BERHAD [13491-P] opening a CIMB Lazada Prepaid Mastercard 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 Lazada Prepaid Mastercard 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;

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, 50470 Kuala Lumpur and place of

business at Level 19, Menara Bumiputra Commerce, 11 Jalan Raja Laut, 50350 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 “CIMB Clicks” means the Bank’s internet banking website at www.cimbclicks.com;

http://www.cimbclicks.com/

CIMB Bank Lazada Prepaid Mastercard Account Terms & Conditions

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l) 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 the 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;

m) The expression “CIMB Group’ means CIMB Group Holdings Berhad and all its related companies as

defined in Section 7 of the Companies Act 2016 that provide financial and other regulated services,

excluding companies, branches, offices and other forms of presence operating outside Malaysia;

n) The expression “CNP” refers to card-not-present transactions which are purchases made when the Card

is not physically present. This could include but shall not be limited to Online, phone transactions, mail

order transactions and online transactions via the internet.

o) The expression "CRN" means the sixteen-digit number of an Automated Teller Machine ("ATM") Card or

Credit Card as assigned by the Bank or CIMB Islamic Bank in relation to your Account, as you may have

or as may be opened by you, with the 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 the 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 organized under the State of Delaware,

having its office and principal place of business at 2000 Purchase Street, Purchase, New York, NY 10577-

2509, 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 14.4;

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


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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. The Bank reserves the right to stipulate

and vary, from time to time, the minimum amount of initial deposit required to open the Account.

2.2. 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 Lazada Prepaid Mastercard

Account with the Bank (iii) you are at least eighteen (18) years of age and (iv) you have a registered

mobile number and 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.

2.3. 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.

2.4. The Account may be opened with the application by you for the issuance of the Card as determined by

the Bank at its sole discretion from time to time. You are required to firstly pay the annual 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 annual fee has not been paid or received by the Bank. The payment

of the annual 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.

2.5. 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

ii. 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): 19th

Floor, Menara Bumiputra Commerce, 11 Jalan Raja Laut, 50350 Kuala Lumpur, Tel No.: 03-

6204 7788.

iii. You recognize and understand that the Account is not an interest bearing account and shall not

earn any interest whatsoever.


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iv. 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 26.2.

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

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. The Card will be embossed with the

1st 20 characters including space of your name that is submitted during application to open 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. PIN and Activation of the Card

4.1. Upon your receipt of the Card, you must first activate the Card before you can use it to pay for goods and

services at any merchant that accepts MasterCard or for any withdrawal of money. You will receive a

temporary 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 Centre or SMS to the given number

provided in the card mailer enclosing your Card.

4.2. The Accountholder upon receipt of the temporary PIN shall change the temporary PIN at the Bank’s own

ATMs, secured website and/or other secured channels permitted by the Bank within seven (7) days or

as specified by the Bank.

4.3. If the Accountholder has forgotten his PIN, the Bank will issue the Accountholder with a new temporary

PIN upon the Accountholder’s request.

4.4. Upon lost or stolen Card as reported by the Accountholder and the Bank agrees to issue the

Accountholder with a new Card, a temporary PIN for the new Card will also be issued. The Accountholder

is not able to use his existing PIN with a replacement Card.

4.5. The Accountholder must keep his PIN secret and shall not disclose his PIN to any other person under

any circumstances. In selecting the Accountholder’s PIN, the Accountholder SHALL NOT select a PIN

which is obvious or predictable, including those which: -

• represents his birth date;

• being an alphabetical PIN, is a recognizable part of his name;

• consists of sequential numbers (for example 12345); or

• consists of all numbers being the same (for example 111111).

4.6 The Accountholder must ensure that the transaction amount is correct before signing any vouchers or

transaction records and before entering the Accountholder’s PIN at any electronic point of sale terminals

which requires the entry of the Accountholder’s PIN. By signing a voucher or transaction record or

entering the Accountholder’s PIN or otherwise using the Accountholder’s Card at any electronic point of

sale terminal, the Accountholder is deemed to have agreed to the transaction and confirmed the amount

is correct.

4.7 The Accountholder consents and agrees that the PIN will serve as a means of authenticating and

verifying the Accountholder’s identity to the Bank for purposes of the transactions contemplated under

these terms and conditions. In this regard the Accountholder authorizes the Bank to accept, follow and


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act upon all instructions of the Accountholder when identified by the Accountholder’s PIN and the Bank

shall not be liable for acting upon such instructions in good faith. Such instructions shall be deemed

irrevocable and binding on the Accountholder upon the Bank’s receipt notwithstanding any error, fraud,

forgery, lack of clarity or misunderstanding in respect of such instructions. The Bank is entitled to rely

on the PIN as conclusive evidence of the Accountholder’s identity but if the Bank has doubts or is

uncertain as to the Accountholder’s identity, the Bank may still request for such other form or means of

identification as it may deem fit in its absolute discretion at any time and from time to time.

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

ii. 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 the Bank from

time to time; and/or

iii. 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

iv. 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. Bill Payment; and/or

vii. Prepaid Reload; and/or

viii. other facilities, subject to prior written agreement of the Bank.

The aforesaid facilities shall be subject to the Bank’s terms and condition governing such facilities and/or

services.

5.2. OctoSend

5.2.1. 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 email 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 email

address entered by you to receive the fund or money.

5.2.2. To receive the fund or money, your intended third party recipient must have an existing current

account/ current account-i or savings account/ savings account-i maintained with the Bank or CIMB

Islamic Bank Berhad. The claim code is only valid for 7 days. The failure of the third party recipient


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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.

5.3. Autopay Service

5.3.1. 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 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

ii. 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.

5.3.2. 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);

ii. effecting payment of any charges made in good faith to the merchant(s);

iii. 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.

5.3.3. 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


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ii. 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.

5.3.4. 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.

5.3.5. 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

ii. 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.

5.3.6 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. Cards with Contactless Transaction-Enabled Features

6.1 The Accountholder acknowledges that certain Cards issued by the Bank will incorporate a feature which enables the Card to be utilised to pay for goods and services by tapping or waving the Card at contactless readers / terminals (“Contactless Transactions”), These Cards and related devices and terminals may carry MasterCard “PayPass” logos and branding or such logos or brands which the Bank or MasterCard may decide from time to time.

6.2 Contactless Transactions not exceeding an amount which may from time to time be specified by the Bank, may be processed and the Accountholder’s Account debited with the Contactless Transaction amount without requiring the: -

Card to be swiped at a magnetic strip reader;

Card’s chip to be read by a chip terminal; or

Accountholder’s signature or entry of the Accountholder’s PIN number to authorize the transaction.

By accepting the Card which can be used for Contactless Transactions and using it to effect Contactless Transactions or in any other manner whatsoever (including using it in the conventional manner of swiping the same at a magnetic strip reader or at a chip reader or otherwise) the Accountholder undertakes to use the Card in accordance with and agrees to be bound by the terms and conditions herein contained.

6.3 Without prejudice to the foregoing, the Accountholder undertakes to be liable for all Contactless Transactions incurred using the Card and posted to the Accountholder’s Account. All Contactless Transactions will be deemed to have been properly authorised by the Accountholder unless the


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Accountholder can show conclusive proof to the contrary. In this regard the Accountholder acknowledges the ease of which unauthorised Contactless Transactions may be carried out and accepts the risk of the same.

7. Card-not-present (CNP) and overseas transaction

7.1 CNP transactions which is not authenticated via strong authentication method such as dynamic password or any overseas transaction using the Card and or Account is prohibited unless the Accountholder has expressly opted-in to conduct such transactions and notified the Bank of the same by contacting CIMB Bank’s Call Centre or such other channel as the Bank may make available from time to time.

7.2 Where the Accountholder has opted-in to conduct such CNP or overseas transactions, the Accountholder undertakes to be liable for all CNP and overseas transactions posted to the Accountholder’s Account and all such transactions shall be deemed to have been properly authorised by the Accountholder unless the Accountholder can show conclusive proof to the contrary. In this regard the Accountholder acknowledges the ease of which unauthorised CNP and overseas transactions may be carried out and accepts the risk of the same.

7.3 Where the Accountholder had elected to conduct such CNP or overseas transactions, the Accountholder has the option to subsequently disable such transactions by notifying the Bank of the same by contacting CIMB Bank’s Call Centre or such other channel as the Bank may make available from time to time.

8. Signature on the Card

8.1 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.

8.2 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.

8.3 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.

9. 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.

10. Pre-Authorization

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


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check-in to the relevant hotel for a maximum of eight (8) days.

11. Compliance with laws and conditional use and availability of Account/Card

11.1 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.

11.2 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

ii. 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”).

11.3 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”);

ii. all prevailing Bank Negara Malaysia's guidelines and directives issued in respect of FSA

and AMLA; and

iii. 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.

11.4 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

ii. any of the terms and conditions herein contained 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 herein contained 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

there under remains payable.

12. Telecommunication Instructions


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12.1 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: -

i. change of mailing address; or

ii. reporting of lost card; or

iii. replacement of lost or damaged cards; or

iv. other transactions which may be determined by the Bank from time to time.

12.2 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.

12.3 Notwithstanding Clause 12.1and 12.2 above, the Bank may request for a written confirmation from the

Accountholder of the Accountholder's instructions prior to implementing the same.

12.4 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 12.1.

12.5 The Accountholder acknowledges and agrees that: -

i. the Bank may record all telephone conversations between the Accountholder and the Bank's

representative; and

ii. by the very nature of telephone conversations, the Bank shall not be responsible for unauthorised

third parties overhearing such conversations.

12.6 The Accountholder further authorizes 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.

12.7 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 e-mail address or mobile phone number on record with the Bank or

such other e-mail 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.

12.8 The Accountholder shall be fully responsible for the security and safekeeping of the information he

receives.

12.9 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;


11

ii. inaccuracy, incompleteness, delay or non-delivery of any information transmitted or wrongful

transmission of any information to any third party;

iii. wrongful, unauthorised or improper access to, use or interpretation of the information transmitted;

and

iv. claim for libel or slander arising from the transmission of any information.

13. Termination and/or Suspension of Account/Card

13.1 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 authorized agent. The Bank may withdraw, suspend

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.

13.2 In addition to the Bank's rights contained in Clause 13.1 above and Clause 38, 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;

ii. if the 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;

iii. if the Accountholder should have furnished false or inaccurate information or data to the Bank;

iv. 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. 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;

vii. 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;

viii. if the Bank suspects that the Account is being used for any illegal purposes whatsoever;

ix. if the Bank is of the view that the Account and/or Card is used for corporate purchases i.e. the

Account and/or Card is used to purchase goods and/or products for the purpose of re-selling; or

x. 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.


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13.3 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.

13.4 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.

13.5 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 13.2(ii) and Clause 13.2(ix) by reason of the notification

being irregular, invalid, erroneous, mistaken, void, not effective or by reason of any other grounds

whatsoever.

13.6 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.

13.7 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.

14. Accountholder’s Responsibility and Liability

14.1 Save as hereinafter provided you shall be and shall remain responsible for the costs incurred for all goods and services supplied by any merchants and all cash advances effected through the use of the Account and/or Card. 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 to prevent the disclosure of your CIMB Clicks User ID, Internet Banking Password, TAC, PIN or any other codes that you will use to access the Account and/or Card (collectively hereinafter referred to as “passwords”) to any

other person 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. The duty to use utmost care, diligence and precautions to prevent the loss, theft or fraudulent use of the Account and/or Card and to prevent the disclosure of your passwords to any other person includes:-

never allowing anyone else to use the Account and/or Card

regularly check that you still have your Card

never writing the passwords on the Card or any item normally kept with the Card and keeping your passwords record, even if disguised, separate and well apart from your Card

never writing the passwords in a way which can be understood by someone else

never divulging/disclosing/telling the passwords to anyone else

not letting the Card out of your sight.

14.2 You must notify the Bank: -

i. verbally or in writing immediately of any loss and/or theft of the Card and/or breach, disclosure or loss of your passwords;

ii. as soon as reasonably practicable after having discovered that the Card is lost, stolen, an unauthorized transaction had occurred or the passwords may have been compromised;


13

iii. immediately upon receiving SMS transaction alert if the transaction was unauthorized; and

iv. immediately of any change in your contact number.

14.3 You shall be and shall remain liable to the Bank for any goods or services supplied by merchants and cash advances effected by the use of the Account and/or Card by any person before the Bank’s receipt of your written or verbal notification of the loss and/or theft of the Card and/or disclosure of passwords. For the avoidance of doubt, you will be liable for:-

i. PIN-based unauthorized transactions, if you have: -

a. acted fraudulently;

b. delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss or unauthorized use of the Card;

c. voluntarily disclosed the PIN to another person; or

d. recorded the PIN on the Card, or on anything kept in close proximity with the Card and could be lost or stolen with the Card.

ii. unauthorized transactions which require signature verification or the use of a contactless Card, if you have: -

a. acted fraudulently;

b. delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss or unauthorised use of the Card;

c. left the Card or an item containing the Card unattended, in places visible and accessible to others or failed to exercise due care in safeguarding the Card at your place of residence; or

d. voluntarily allowed another person to use the Card.

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 Ombudsman Scheme 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 cut the Card in halves across the magnetic stripe and across the chip (if the Card has a microchip embedded therein).

14.4 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;

ii. RM15.00 in the event of any reported loss or theft of the Card for the second time.

For the avoidance of doubt, you shall bear the Replacement Card Fee and taxes (including but not limited to service tax or GST) in relation to the issuance of a replacement Card. 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. The Bank will not charge any Replacement Card Fee if the replacement of the Card is due to the Card or the chip contained in the Card being faulty or defective or if the replacement of the Card is required due to card or system enhancements by the Bank.

14.5 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.

14.6 Where there is any loss and/or theft of the Card and/or disclosure of the PIN to any person, if requested by the Bank, the Accountholder must also provide the Bank with: -

(i) a copy of the police report; and/or (ii) a written confirmation

made by the Accountholder of the loss and/or theft of the Card and/or disclosure of the PIN to any person within seven (7) calendar days from the Bank’s request.


14

15. Account Suspension

15.1 Accountholder may request the Bank to suspend the operation or usage of the Account at any time by

contacting the Bank’s Call Centre and thereafter to remove such suspension by contacting the Bank’s

Call Centre. 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.

16. Renewal of Card

16.1 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.

17. Limit of Purchases and Transactions

17.1 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.

17.2 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.

17.3 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.

18. Fees and Charges

18.1 The Accountholder agrees to pay the following fees and charges:

i. an annual fee for the Account;

ii. any service tax or other impost which may be imposed by any relevant authority from time to

time;

iii. a handling charge for the issue of a replacement Card;

iv. 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.


15

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 the Bank’s website.

19. Records of Transaction and billing currency

19.1 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

ii. 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.

19.2 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

ii. 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.

20. ATM Transactions

20.1 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.

20.2 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


16

reasons as shall be determined solely by the Bank.

20.3 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.

21. Cash Withdrawals

21.1 You may obtain cash withdrawals by the following means: -

i. use of the Card at any ATM in accordance with Clause 20.1; or

ii. 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.

21.2 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, 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.

21.3 The Accountholder agrees to be liable for all cash withdrawals or transfers performed through the

Account.

22. Statement of Account

22.1 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.

22.2 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.

22.3 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.

22.4 In the event the Accountholder requests the Bank for statements of account (in hard copy), the Bank

may charge the Accountholder RM5.30 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


17

to transactions which have occurred more than twelve (12) months from the date of the

Accountholder’s request.

22.5 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.

23. Changes in charges

23.1 In amplification and not in derogation of the Bank’s rights contained in Clause 32, 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

ii. 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

iii. by posting an insertion in the Bank's statement of account of such changes and its effective date

of change; and/or

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.

23.2 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 23.1(i) above; and/or

ii. 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 23.1(ii) above; and/or

iii. 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 23.1(iii) above; and/or

iv. 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 23.1(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 23.1(v) above.


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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.

24. Inactive / Dormant Account

24.1 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 the Bank shall reserve the right to immediately suspend and close the Account.

24.2 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.

24.3 To avoid closure of the Account pursuant to Clause 24.1, the Accountholder must perform any credit and/or debit transaction on the Account prior to Account being deemed a dormant account

25 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 Call Centre or upon the withdrawal, suspension

and/or termination of the Card and/or Account effected by the Bank pursuant to Clauses 13, 24 or 38 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.

26. Payments and Credits into Account

26.1 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:-

i. banking in cash using the Bank’s Cash Deposit Machines;

ii. Funds transfer from any of the Accountholder's Other Accounts via the internet using “CIMB

Clicks” if you have been granted access to CIMB Clicks pursuant to those Accountholder 's

Other Accounts;

iii. Inter-bank money transfer (GIRO) from your other accounts held with other banks;

iv. MEPS FPX Online Transfer.

26.2 All payments or credits made to the Account must be made in Ringgit Malaysia and the credit or

maximum amount of money which may be credited in the Account shall not at any time exceed Ringgit

Malaysia Four Thousand Nine Hundred and Ninety Nine (RM 4,999.00) only or such other amount

which the Bank may specify from time to time (“the Maximum Amount”), with adequate prior notice.

Accountholder undertakes not to add or credit funds in excess of the Maximum Amount into the

Account. Payments by the Accountholder to the Bank shall not be considered to have been made until

the relevant funds have been received for the value by the Bank.


19

26.3 The Bank may at any time at its absolute discretion be entitled to verify the source of the funds of the

payment and to satisfy itself as to then compliance of The Applicable Laws and Regulations. Subject

to the Bank having satisfied itself with the verification, the Bank, without any prejudice to any other

right of the Bank under this Agreement, may credit the Accountholder’s Account with the funds.

Pending the Bank’s verification of the source of the funds of the payment:-

i. the Bank reserves the right to suspend the use of the Account/Card and/or decline any

transaction attempted on the Account/Card by the Accountholder after the payment; and

ii. any sum standing to the credit of the Account as a result of the payment shall not be refundable

to the Accountholder.

26.4 The Accountholder shall not use or attempt to use the Account and/or Card to facilitate any

transactions unless there are sufficient funds in the Account to meet the transaction to be carried out.

The Accountholder shall in all circumstances accept full responsibility for all transactions processed

by the use of the Account and/or Card, whether or not processed with the Accountholder’s knowledge,

acquiescence or authority. The Bank is entitled to debit the Account with the amount of any transaction

effected with the Account and/or Card and the Accountholder shall be liable for all transactions using

the Account and/or Card.

27. Waiver

27.1. The waiver by the Bank of its rights or indulgence to the Accountholder shall not operate to prevent

the Bank from enforcing any of its rights under this Agreement nor operate as consent to the

modification of this Agreement in any respect.

27.2. The rights of the Bank herein contained are cumulative, may be exercised as often as it considers

appropriate and are in addition to its rights under any applicable law. The rights of the Bank herein

contained shall not be capable of being waived or varied, otherwise than by an express waiver or

variation in writing, and in particular, any failure to exercise or any delay in exercising any of such

rights shall not operate as a waiver or variation of that or any other such right, any defective or partial

exercise of any of such rights shall not preclude any other or further exercise of that or any other such

right, and no act or course of conduct or negotiation on its part or on its behalf shall in any way preclude

it from exercising any such right or constitute a suspension or any variation of any such right.

28. Right of Set-Off and Right of Debit

28.1. The Bank reserves the right to issue a 7 calendar days notification to the Accountholder to combine,

consolidate the Account and any other accounts of the Accountholder maintained with the Bank (‘the

Accounts’ ) and or set off and or transfer any credit balance in the Accounts in or towards satisfaction

of any of the Accountholder’s liabilities to the Bank, whether such liabilities to the Bank are actual,

contingent, primary, collateral, several, joint, incurred in the capacity as a borrower and or surety and

or indemnitor and or security provider, or in other currencies ( ‘the Indebtedness’ ). Pending the Bank

effecting the said set off, the Bank shall have the right to withhold and or suspend payment of any

monies from the credit balance of the Accounts. In the event of the Accountholder failing to fully settle

the Indebtedness with the Bank upon the expiry of the said 7 calendar days notification, the Bank shall

be entitled to set off the entire credit balance from the Accounts or up to the amount of the

Indebtedness for partial or full settlement of the Indebtedness (as the case may be ).

28.2. For avoidance of doubt, the Accountholder agrees that the Bank’s right of withholding or suspension

of payment and or set off are applicable to and can be exercised by the Bank where or in respect of

(a) the Account and or any other joint accounts of the Accountholder where the credit balance thereof

are being utilized to set off indebtedness incurred to the Bank by the Accountholder and or by the

Accountholder with any other persons and whether the said indebtedness incurred to the Bank are

actual, contingent, primary, collateral, several, joint, incurred in the capacity as borrower and or surety

and or indemnitor and or security provider; (b) the Bank had been notified that the Accountholder had


20

committed an act of bankruptcy and or a bankruptcy notice and or petition for bankruptcy or winding

up had been filed against the Accountholder; (c) the Bank had been notified that the Accountholder

had been declared as a bankrupt; (d) the Bank had been notified of the death of the Accountholder.

28.3. The Accountholder irrevocably authorizes the Bank to debit the Account without prior notice for the

purpose of effecting payment, repayment and or reimbursement to the Bank and or effecting payment

and or repayment of the relevant amount to third parties under or arising out of the following:

i. fees, costs, expenses, charges payable in relation to the Account pursuant to this Agreement

and or howsoever incurred and or charged by the Bank in relation to any services provided by

the Bank to the Accountholder ;

ii. taxes, stamp duty and any other levies or charges which are imposed by the government and

payable by the Accountholder in respect of the Account and or any other services or facilities

provided by the Bank to or for the benefit of the Accountholder ;

iii. loss and or damage howsoever suffered or incurred by the Bank in carrying out any requests and

instructions of the Accountholder and or in providing the services in relation to the Account as

provided in this Agreement;

iv. amounts arising from any indemnities and or guarantees given by the Accountholder in favour of

the Bank in relation to the provision of any services and facilities by the Bank to the Accountholder

pursuant to this Agreement;

v. payments made, transferred or credited into the Account by virtue of the Bank’s error and or by

virtue of the claim of any third parties that the relevant amount had been mistakenly paid by the

third party into the Account and or by virtue of the claim of the third party that he or she had been

deceived, defrauded or misled into making the payment into the Account and or by virtue of any

of the Bank’s operational and or systems errors or malfunctioning and or any other causes which

is or are beyond the Bank’s reasonable control;

vi. any money instruments which were subsequently dishonoured due to whatsoever reasons and

where the proceeds of these money instruments were credited by the Bank into the Account

earlier;

vii. payments under the Account which are requested to be paid by Bank Negara Malaysia and or

the Police authorities or any other authorities pursuant to any applicable law in force from time to

time;

viii. legal fees, disbursements expenses and costs (on a solicitor- client and full indemnity basis)

incurred by the Bank in relation to any:

a. recovery of any indebtedness under any facilities or loans granted by the Bank to the

Accountholder;

b. garnishee proceedings filed and served on the Bank and where the Bank is named as a

garnishee in respect of the Account and or any other accounts of the Accountholder

maintained with the Bank;

c. interpleader or any other court proceedings filed by the Bank in respect of the Account and

or any other accounts of the Accountholder maintained with the Bank;


21

d. injunction or any other court proceedings initiated against the Account and or any other

accounts of the Accountholder maintained with the Bank, whether or not the Bank is named

as a party; and

e. legal proceedings filed against the Bank by the Accountholder or any other party involving

the Account and or any other accounts of the Accountholder maintained with the Bank and

where the Bank is successful in its defense of the said legal proceedings; and

(ix) advance payments paid to the Accountholder and or any third party under any arrangement

entered into between the Bank and the Accountholder and or under any facility granted by the

Bank to the Accountholder.

29. Limitation of Liability and Indemnity

29.1. The Bank shall not be responsible for and the Accountholder shall fully indemnify the Bank and hold

the Bank harmless against all losses, costs, and expenses which may be incurred by the

Accountholder or the Bank in connection with any or all of the accounts whatsoever or the Bank’s

execution of any instructions (notwithstanding such instructions may be fraudulent or unauthorized) or

if any of the Accountholder’s accounts or any part thereof is reduced or frozen by any government or

official authority.

29.2. The Accountholder further agrees that all funds, monies, securities and other whatsoever valuables

and properties belonging to the Accountholder and deposited with the Bank under the Account and or

any other accounts of the Accountholder (' the properties ' ) shall automatically become security to the

Bank and the Bank shall be entitled to (i) set-off and or debit any monies comprised in the properties

for the purpose of effecting payment of liabilities incurred by the Accountholder to the Bank as provided

under the provisions of Clause 28 herein (ii) retain or withhold the properties until the Accountholder's

liabilities to the Bank provided herein are fully settled with the Bank.

29.3. The Accountholder shall be liable to pay the Bank all legal costs (including but not limited to legal costs

on a solicitor and client basis), charges and expenses which the Bank may incur in enforcing or seeking

to enforce this Agreement or in obtaining or seeking to obtain payment of all or any part of the monies

owing by the Accountholder. The Accountholder further undertakes to hold the Bank harmless and to

indemnify the Bank against any liability for loss, damage, costs and expenses (legal or otherwise)

which the Bank may incur by reason of the provisions herein or in the enforcement of its rights

hereunder.

30. Force Majeure

Without Prejudice to any of the provisions of this Agreement, the Accountholder agrees not to hold the Bank liable

in the event that the Bank is unable to perform in whole or in part any of its obligations under this Agreement,

attributable directly or indirectly to the failure of any mechanical or electronic device, data processing system,

transmission line, electrical failure, industrial dispute, any act beyond the Bank's control or due to any factor in a

nature of a force majeure. Any inability to meet a payment due by the Accountholder to the Bank because of lack

of funds will in no circumstances be treated as an event of force majeure. In the event that the Bank is not able to

furnish the Accountholder with a statement of account pursuant to the provisions of this Agreement for any period

of time, the Accountholder's liability for charges and other transactions shall nevertheless continue.

31. Bank not liable for acts of merchants and other third parties

31.1. The Bank shall not be responsible for the refusal of any merchant or member institution of MCI to

honour or accept the Account and/or Card or for any defect or deficiency in the goods or services

supplied to the Accountholder by any merchant. Any complaint by the Accountholder must be resolved

directly with the merchant or the member institution of MCI concerned and no claim against the

merchant or member institution of MCI may be set-off or counter-claimed against the Bank.

Furthermore, the Accountholder agrees to be liable for the amounts incurred and will not withhold


22

payment to the Bank on account of any such complaint or under any circumstances whatsoever.

Goods and services obtained against the Account and/or Card shall not be exchanged or returned for

a cash refund but a credit voucher shall be issued by the merchant for this purpose. Upon receipt of

any credit voucher the Bank shall credit the same into the Accountholder’s Account. Unless the credit

voucher issued is received by the Bank, the Accountholder is deemed to be responsible and shall

remain liable for the amount incurred.

31.2. In amplification and not in derogation of the aforesaid, the Bank shall not for any reason whatsoever

be liable for damages suffered or loss incurred by the Accountholder under any circumstances

whatsoever whether or not such circumstances relate to or arise out of this Agreement including but

not limited to non-acceptance for any reason whatsoever of the Account and/or Card by any merchant,

person or body, non-renewal, restriction or cancellation of the facilities, rejection of the Card by any

ATM, the listing of such Account Number in any cancellation lists or under any circumstances wherein

the Bank shall be obliged to act reasonably to protect its rights under the provisions of this Agreement.

32. Amendments

32.1 The Bank reserves the right to vary (whether by addition, deletion, modification, amendment or

otherwise howsoever) (“the Amendment”) any of these terms and conditions at any time and from time

to time upon giving twenty one (21) calendar days prior notice and they shall become effective on such

date as the Bank may elect to adopt. At the sole and absolute discretion of the Bank, notification of

the Amendment may be effected by any one of the following means of communication: -

i. by dispatching the same to the Accountholder by courier or hand; and/or

ii. by posting a notice in the Bank’s premises stating such changes and its effective date of change;

and/or

iii. 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

iv. by posting an insertion in the Bank’s statement of account of such changes and its effective date

of change; and/or

v. 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

vi. 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.

32.2 Communication to the Accountholder by any one of the above mode of communication shall be

deemed to have been received by or communicated to the Accountholder in accordance with the

provisions of Clause 23.1 and in the case where notice of the Amendment is dispatched to the

Accountholder by courier or hand on the day of delivery.

32.3 Such changes will apply on the effective date specified by the Bank and will apply to all monies

standing to the credit of the Account. Retention or use of the Account and/or Card after the effective

date of any change of terms and conditions shall be deemed to constitute acceptance of such changes

without reservation by the Accountholder.

32.4 This Agreement (with all ancillary agreements as from time to time amended by the Bank) contains,

and is intended as, a complete statement of all of the terms and arrangements between the parties


23

hereto with respect to the matters provided for herein, and supersedes any previous agreements and

understandings between the parties hereto with respect to any such matters.

33. Severability

If any of the provisions of this Agreement become invalid, illegal or unenforceable in any respect under any

law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or

impaired.

34. Disclosure of Information

34.1 The Accountholder hereby expressly authorizes the Bank as and when the Bank at its sole and

absolute discretion deems fit, without reference to the Accountholder, to disclose to any of its agents,

service providers, auditors, legal counsel, professional advisors, security providers and guarantors in

or outside Malaysia and to companies within the group of the Bank as well as companies within the

group of CIMB Group Holdings Berhad, the Bank's ultimate holding company (collectively "Group

Companies”) whether such Group Companies are residing, situated, carrying on business,

incorporated or constituted within or outside Malaysia, any information relating to the Accountholder,

the Accountholder’s affairs and/or any accounts maintained by the Accountholder with the Bank for

facilitating the business, operations, facilities and services of or granted or provided by the Bank and/

or the Group Companies to their customers including but not limited to authorizing the Bank to do the

following:-

i. to give, produce, divulge, reveal, publish or otherwise disclose, or make a record of the

Accountholder 's personal particulars submitted to the Bank and any other information relating

to the Account and the Accountholder’s Other Accounts and the Account Number(s) of the new

renewed or replaced Card and any other information relating to the use of the Account or any

transaction effected or to be effected through the use of the Account and such other information

or document whatsoever relating to the Accountholder's affairs or accounts (including the

statement of accounts in relation thereto) and any credit facility which the Accountholder may

have with the Bank to:-

a. any person who has guaranteed or may guarantee or otherwise has provided security or may

provide security in relation to the use of the Account;

b. any company, organization, institution, association, credit bureau, credit agencies, financial

institution or other entity which may be conducting a credit check on the Accountholder, the

Central Credit Unit of Bank Negara Malaysia, the Biro Maklumat Cek, Central Credit

Reference Information System (CCRIS) or such other authority or body established by Bank

Negara Malaysia, any other body or authority (governmental or otherwise) as the Bank may

deem fit under any applicable law, regulation, guidelines, regulatory requirement or directive

(whether having the force of law or otherwise);

c. any person who the Bank deems necessary for the purpose of recovering any monies due

and owing from the Accountholder to the Bank (including but not limited to debt collection

agencies, its employees and agents);

d. any merchant, any officer of the Bank and any member institution of MCI and/or any other

person or entity having a legitimate interest in the Accountholder insofar as it relates to the

use of the Account; by the Accountholder; and

e. to any third parties making enquiries with a view to enter into prospective transactions with

the Bank;

Disclosure to Group Companies which are involved in the promotion, sale, delivery and distribution of

financial products and services shall be for facilitating the operations, businesses, cross-selling and


24

other purposes of the Bank and or the Group Companies. Notwithstanding the generality of the

foregoing, the Bank agrees that (1) disclosure to Group Companies for cross selling purposes shall

not be effected if such disclosure is objected to by the Accountholder by contacting the Bank’s

Call Centre at the following telephone number or address (which may be changed by the Bank from time

to time by notice to the Accountholder): 19th Floor, Menara Bumiputra Commerce, 11 Jalan Raja Laut,

50350 Kuala Lumpur, Tel No.: +603-6204 7788.; and (2) it shall only disclose the Accountholder’s

information (excluding information relating to the Accountholder’s affairs or account) to third parties for

strategic alliances, marketing and promotional purposes, only if the Accountholder has expressly

consented to such disclosure.

ii. to lodge reports (including Police reports) and/or circulars and/or insert advertisements or publish

or display notices (including any advertisements in any media) incorporating any or all of the

Accountholder’s personal particulars, particulars of his accounts relating to the Account;

(including but not limited to the Accountholder 's accounts and financial status) which the Bank

may deem necessary for the purpose of recovering any monies due and owing from the

Accountholder to the Bank;

iii. to check the credit standing of an applicant for the Account; and/or the Accountholder's personal

particulars, dealings and credit standing with whatsoever companies, individuals, agencies,

financial institutions or other bodies and to obtain therefrom such information as may be required

by the Bank, whether by way of oral communication or through documents.

The Bank hereby disclaims all liability to the Accountholder for any loss or damage (direct, indirect, special

or consequential) of any nature or embarrassment suffered by the Accountholder arising from or

occasioned by the disclosure of any information or interpretation or use of information disclosed even if

the information is incorrect or erroneous unless directly caused by the Bank’s gross negligence or willful

default.

34.2 You hereby agree and expressly authorize and invite the Bank’s employees, independent contractor,

representatives and/or agents to contact you from time to time through personal visits or oral

communication effected via any means of communication including but not limited to telephone calls

regarding any promotion.

34.3 Not in derogation of the foregoing and based on existing mailing address(es), e-mail address (es) ,

telephone number(s) and or any other contact particulars of the Accountholder deposited or recorded

with the Bank, the Bank is hereby irrevocably authorized (but not obliged) to contact and / or notify the

Accountholder by post and or electronic mail and or telephone and or short messaging service (SMS)

and or courier service and or any other mode of communication selected by the Bank at its sole

discretion. Information or notification so sent by the Bank shall comprise of such information or

notification which the Bank deems appropriate or necessary and may include but not limited to any

information in relation to the Account and or any information relating to any services, benefits,

promotions, programmes of the Bank and or of any other party held jointly or in conjunction with the

Bank.

35. Further Documents

The Accountholder undertakes to sign such further documents as may be requested by the Bank from time to

time and the Accountholder hereby expressly covenants and agrees that at the election of the Bank such

further documents may be deemed to take effect retrospectively.

36. Service

36.1. The Accountholder hereby irrevocably consents to the service of any notice under this Agreement or

any court process or delivery of bankers cheque or Card or any other document or item by ordinary

post or by hand or by courier service to the last known address of the Accountholder in the Bank's

record and such service and/or delivery shall be deemed effective two (2) calendar days after posting,


25

if sent by post and at the time of delivery, if delivered by hand or courier. Service of court process may

also be effected by any other manner permitted by the law.

36.2 The Accountholder must promptly notify the Bank in writing of any changes in employment or business

or address (office or residential) or if the Accountholder intends to be absent from Malaysia for more

than thirty (30) consecutive calendar days.

37. Conclusive Evidence Certificate

A certificate issued by an officer of the Bank as to the transactions incurred on the Account; and/or the amount

for the time being available in the Account shall be conclusive evidence against the Accountholder in any legal

proceedings.

38. Cancellation / Suspension because of Terrorism

38.1 In addition, and without prejudice to any other rights and remedies of the Bank or the generality of any

other provisions of the Agreement, the Bank shall be entitled at its sole and absolute discretion to

immediately declare that: -

i. the Account and/or use thereof shall be suspended, whereupon the same shall be suspended;

and/or

ii. the Account and/or use thereof shall be cancelled, whereupon the same shall be cancelled;

if any event or series of events whether related or not including but without limitation to any act of

violence, terrorism, hostility or war, national emergency, rebellion, revolution, insurrection,

usurpation or other calamity (whether occurring within or outside Malaysia or any other place the

Bank may carry on business) or other change in circumstances has or have occurred which in the

opinion of the Bank (which opinion shall be final and binding on the Accountholder):-

iii. would or might render it inadvisable or impractical for the Bank to make the Account and/or Card

available or to continue to do so or to allow any utilisation or further utilisation of the Account

and/or Card; or to comply with any of its obligations under these terms and conditions; or

iv. could or might affect the ability or willingness of the Accountholder to observe or comply with any

obligation on the part of the Accountholder to be complied under these terms and conditions or

make it improbable that the Accountholder would be able or willing to do so.

39. Successors

This Agreement shall be binding upon the heirs, personal representatives and successors-in-title of the

Accountholder and on the successors-in-title and assigns of the Bank.

40. Reconstruction of the Bank

The obligations and liabilities of the Accountholder shall continue to be valid and binding for all purposes

whatsoever notwithstanding any change by amalgamation, reconstruction or otherwise which may be made in

the constitution of the Bank or of any company by which the business of Bank may for the time being be carried

on and shall be available to the company carrying on that business for the time being.

41. Time of the Essence

Time wherever mentioned shall be the essence of the Agreement


26

42. Law Applicable and Jurisdiction

This Agreement shall be deemed to be a contract made under the laws of Malaysia and shall for all purposes

be governed by and construed in accordance with the laws of Malaysia and the parties hereto hereby agree

to submit to the non-exclusive jurisdiction of the Courts of Malaysia at Kuala Lumpur or the courts of such

other competent jurisdiction as the Bank may in its sole discretion elect to submit and further agree that service

of any legal process may be effected in the manner set out herein. The Accountholder waives any objections

on the grounds of venue or forum non-conveniens.

43. Password Security

You are responsible for maintaining adequate security and control of all CIMB Clicks User ID, Internet Banking

Password, TAC, PIN or any other codes that you will use to access the Account and/or Card.

44. Exclusion of Liability

The Bank shall not be liable to the Accountholder for any losses (including any loss of interest, expenses

incurred, loss of contracts or profits or other consequential loss, whether direct or indirect) howsoever suffered

(whether through omission or other default) in relation to the Accountholder's use of the Account including but

not limited to damage or loss suffered in respect of any statement, representation or implication relating to or

arising from any non-renewal or cancellation of the Account and/or Card or any revocation, suspension or

restriction of the use of the Account and/or Card by the Accountholder unless due to the Bank’s gross

negligence.

45. PrivacyClause

45.1 The Accountholder hereby confirms that the Accountholder has read, understood and agreed to be

bound by the CIMB Group Privacy Notice (which is available at www.cimbbank.com.my) and the

clauses herein, as may relate to the processing of the Accountholder’s personal information. For the

avoidance of doubt, the Accountholder agrees that the said Privacy Notice shall be deemed to be

incorporated by reference into this Agreement.

45.2 In the event the Accountholder provides personal and financial information relating to third parties,

including information relating to the Accountholder’s next-of-kin and dependents, for the purpose of

opening or operating the Accountholder’s account(s)/facility(ies) with the Bank or otherwise

subscribing to the Bank’s products and services, the Accountholder (a) confirms that the

Accountholder has obtained their consent or are otherwise entitled to provide this information to the

Bank and for the Bank to use it in accordance with this Agreement; (b) agrees to ensure that the

personal and financial information of the said third parties is accurate; (c) agrees to update the Bank

in writing in the event of any material change to the said personal and financial information; and (d)

agrees to the Bank’s right to terminate this Account should such consent be withdrawn by any of the

said third parties.

45.3 Where the Accountholder instructs the Bank to effect any sort of cross-border transaction (including to

make or receive payments), the details relevant to the cross-border transaction (including information

relating to those involved in the said transaction) may be received from or sent abroad, where it could

be accessible (whether directly or indirectly) by overseas regulators and authorities in connection with

their legitimate duties (e.g. the prevention of crime). In instructing the Bank and/or our agents to enter

into any cross-border transaction on the Accountholder’s behalf, the Accountholder agrees to the

above said disclosures on behalf of the Accountholder and others involved in the said cross-border

transaction.

45.4 The Bank may use a credit reporting/reference agency to help make decisions, for example when the

Bank needs to (a) check details on applications for credit and credit-related or other facilities; (b)

http://www.cimbbank.com.my/


27

manage credit and credit-related accounts or facilities, including conducting reviews of the

Accountholder’s portfolio(s); and/or recover debts. The Accountholder will be linked by credit

reporting/reference agencies to any other names the Accountholder uses or have used, and any joint

and several applicants. The Bank may also share information about the Accountholder and how the

Accountholder manages the Accountholder’s account(s)/facility(ies) with relevant credit

reporting/reference agencies.

45.5 Even after the Accountholder has provided the Bank with any information, the Accountholder will have

the option to withdraw the consent given earlier. In such instances, the Bank will have the right to not

provide or discontinue the provision of any product, service, account(s) and/or facility(ies) that is/are

linked with such information.

45.6 For the purposes of this Clause 45, the CIMB Group consists of CIMB Group Holdings Berhad and all

its related companies as defined in Section 7 of the Companies Act 2016 and jointly controlled

companies that provide financial and other regulated services, excluding companies, branches, offices

and other forms of presence operating outside Malaysia, and the use of the words “the Bank” and “the

Bank’s” are to be read as references to the CIMB Group.

45.7 This clause shall be without prejudice to any other clause in this Agreement which provides for the

disclosure of information.

46. No Assignment

The Accountholder may not without the written consent of the Bank assign and or create any security interest

over the rights, titles, benefits and interests of the Account including but not limited to all monies maintained

there under in favour of any person save and except that the same can be assigned and or created in favour

of the Bank.

47. Publication of this Agreement on CIMB Clicks

47.1 A copy of this Agreement is published at CIMB Clicks (or such other website which the Bank may

change from time to time by notification to the Accountholder). In the event the Bank changes or varies

any terms of this Agreement, the amended and updated version will be posted on the Bank’s aforesaid

website.

47.2 If there is any inconsistency, conflict, ambiguity or discrepancy between Bahasa Malaysia version and the English version of these terms and conditions, the English version of these terms and conditions shall prevail. Notwithstanding the aforementioned where request had been made by the Accountholder and noted and acknowledged by the Bank in its records that the Bahasa Malaysia version of the terms and conditions shall govern the operation of the Account, then the Bahasa Malaysia version of the terms and conditions herein shall prevail.

47.3 In the event of any complaint relating to this Agreement, the Accountholder may contact the Bank’s Customer Resolution Unit (“CRU”) bearing the following address, e-mail address, telephone and

facsimile numbers (or bearing such other address, e-mail address, telephone and facsimile numbers which the Bank may change by notification to the Accountholder:-

Customer Resolution Department

Level 19, Menara Bumiputera Commerce,

No 11, Jalan Raja Laut 50350 Kuala Lumpur

Tel: +603-6204 7788 Fax: +603- 26913248

E mail add: [email protected]

http://cimb/

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