1. Offer of Online Services
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| 1.1 |
Online Services means any Electronic
or Interactive Products or Services offered by the Company which
allow the Client to communicate with the Company or the Company's
authorised third parties or allow the Company or the Company's
authorised third parties to have access to information in user's
account and include (but are not limited to) services which
allow electronic data communications to be transmitted between
parties through the use of personal or business computers, wireless
devices (including but are not limited to mobile phones and
Personal Digital Assistants (PDAs)) in a telecommunication network
environment.
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| 1.2 |
Communications include but are not
limited to instructions to subscribe rights issue, placement
of Fixed Deposit, instructions to buy or sell foreign currency
and buy or sell securities.
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| 1.3 |
Electronic or Interactive Products
or Services include but are not limited to Viewing Research
Articles, Preparing Pre-Advice Inward Receipt/Outward Remittance
of Fund and Viewing of the Client's Report and Transaction Advice.
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| 1.4 |
The following Online Services are
offered by the Company:
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1.4:1 |
viewing portfolio, including but
not limited to the daily cash balance report, daily portfolio
valuation report, daily performance table and half yearly portfolio
performance evaluation;
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1.4:2 |
viewing confirmation, including
but not limited to the trade confirmation advice, rights issue
advice, bonus issue advice, dividend advice, fixed deposit advice
and forex confirmation advice;
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1.4:3 |
viewing rates, including but not
limited to the fixed deposit rates and information and foreign
exchange rates and information;
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1.4:4 |
viewing notification, including
but not limited to the rights issue notification, bonus issue
notification and dividend notification; and
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1.4:5 |
actions, including but not limited
to the placement of fixed deposit, forex transactions, action
on rights issue subscription, advice on inward receipt of fund
and advice on outward remittance of funds.
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and any other facilities
that may be introduced from time to time and the Client has
the option to subscribe to any one or more or any combination
of the Online Services.
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| 1.5 |
In consideration of
the Client electing to receive the Online Services from the
Company, the Company will provide any or all of the following
online services to the Client depending on the type of online
services subscribed:
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1.5:1 |
access to account information;
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1.5:2 |
to review business done;
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1.5:3 |
to access news; and
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1.5:4 |
to change personal identification
number ('PIN').
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| 1.6 |
Notwithstanding the
above, the Company may at any time and from time to time, vary
or change the Online Services without giving any notice thereof
to the Client. Any variation or change imposed by the Company
pursuant to this provision shall not in any manner affect the
other terms and conditions stated herein.
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2. Media of Online Services
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| 2.1 |
The Client agrees to
utilise the Online Services mentioned in Clause 1 by using one
or any of the following media: |
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2.1:1 |
Modem-equipped terminal or personal
computer; and |
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2.1:2 |
Any other medium of communication
which the Company may, in its absolute discretion, adapt or
introduce for use to its Clients. |
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3. No Guarantee or Warranty
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| 3.1 |
It is hereby agreed
that the information provided through the Online Services have
been independently obtained by the Company through sources believed
to be reliable. The Company does not guarantee the correctness,
accuracy, completeness, timeliness, or correct sequencing of
such information provided. There may be delays, omissions or
inaccuracies in the information provided under the Online Services.
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| 3.2 |
The Client agrees that
neither the Company nor its sources of information shall be
liable for the failure to ensure correctness, accuracy, completeness,
timeliness or correct sequencing of the information or for any
decision made or action taken by the Client or any other persons
whomsoever in reliance upon the information provided by the
Online Services or for any interruption of any data, information
or any other aspect of the online services.
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| 3.3 |
The Company does not
warrant the merchantability or fitness for a particular use
and gives no other warranty or guarantee of any kind, express
or implied, regarding the information furnished under the Online
Services or any other aspect of the Online Services, including
but not limited to information, access or the execution of any
buy or sell orders and/or the cancellation or amendment of any
such orders and the Client agrees that the Company shall not
be liable for any direct, consequential, incidental, special
or indirect losses or damages whatsoever which may arise or
be caused by the failure of the Company to execute or cancel
or amend such orders. |
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4. Limitation of Liability of
the Company
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| 4.1 |
In addition to and
not in derogation of any other terms of these terms and conditions,
the Client agrees that the Company in providing the Online Services,
shall not, in any event, be liable to the Client or any other
party or parties having access to the Online Services whether
with or without the Company's consent for any direct, consequential,
incidental, special or indirect losses or damage (including
but not limited to loss of profit, trading losses, goodwill,
use, data or other intangible losses and damages) which results
from any delay or loss of the use of the Online Services or
the use or the inability to use the Online Services or the unauthorised
access to or alteration of your transmission or data or statements
or conduct of any third party on the Online Services or any
other matter relating to the Online Services or any of the circumstances
enumerated in Clause 7 or any other reason(s), notwithstanding
that the Company had been advised of the possibility of such
damages or losses. As such, neither the Company nor any of its
providers of information shall be liable for any losses or damages
incurred by the Client related in any way to the Client's use
of the Online Services, the research materials and the information
provided by the Company's authorised third parties.
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| 4.2 |
The Client further
agrees that the Company shall not be liable for any loss resulting
from a cause over which the Company has no direct control, including
but not limited to failure of electronic or mechanical equipment
or communication lines, telephones or other interconnected problems,
unauthorised access, theft, operator errors, weather, earthquakes,
strikes or other labour problems. Except as otherwise provided
by the law, the Company shall have no liability for losses caused
by the negligence, actions or failure to act of the providers
of information or any third party providers of information,
and to the extent permitted by law, neither the Company nor
any third party providers of information shall be liable to
the Client for any direct, indirect, special, incidental or
consequential damages (regardless of whether such damages are
reasonably foreseeable), or for any losses that results from
a cause over which the Company does not have control, (including
but not limited to failure of electronic or mechanical equipment,
unauthorised access, strikes, failures of common carrier or
utility systems, severe weather), or other causes commonly known
as "acts of God".
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| 4.3 |
The Company makes no
warranties, express or implied, as to the use or the results
to be obtained from the use of the Online Services or the information
provided through it including, without limitation, any warranties
as to its suitability or appropriateness of the same whether
generally or for the Client's particular purpose or use. The
information provided in the Online Services should not be construed
as an offer or solicitation for the purchase or sale of any
security.
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| 4.4 |
Use of the Online Services
is entirely at the Client's own risk. The Company and its providers
of information obtain news, statistics, data and other information
from sources considered reliable, but such information is not
guaranteed, and neither the Company nor its providers of information
make any representation as to the accuracy, timeliness, or completeness,
or continued availability of the information. Such information
may be dated and is subject to change without notice. Neither
the Company nor its providers of information shall have any
liability for the inaccuracy or incompleteness of the information
provided through the Online Services. The information is provided
on a general basis and does not take into account the specific
investment objectives, financial status, and particular needs
which may vary with individuals and no representation is made
as such. The information is not to be taken as substitution
for the exercise of judgement and discretion by the Client nor
substitution for professional advice.
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| 4.5 |
The Client agrees that
the liability of the Company to the Client arising out of any
kind of legal claim in whatsoever way connected with the Online
Services and its use of the information provided not covered
in this terms and conditions, will not exceed the average monthly
management or administrative fees (whichever is applicable)
paid by the Client.
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| 4.6 |
The Client understands
and agrees that, unless stated specifically, the Company does
not provide any investment advice, recommendations, opinions
and judgements, which may be available to the Client through
the Online Services. The research materials are prepared by
the Company based on sources believed to be reliable. The Company
however does not give any guarantee as to the accuracy or completeness
of the information provided. Any opinions or estimates provided
are that of the Company as of the date mentioned and are subject
to change without notice. The Company assumes no duty to continuously
monitor and update any information previously provided or posted
on the relevant service segments of the Online Services. The
research materials are also under no circumstances to be construed
as an offer to sell or a solicitation of an offer to buy any
securities. The Client agrees to make his own independent evaluation
of the investment merits that is suitable for him and such information
shall not be deemed to be a solicitation of a transaction by
the Company. Such information is not to be taken as substitution
for the exercise of judgement and discretion by the Client nor
substitution for professional advice. The Client understands
and agrees that the Company shall not have any responsibility
for direct, indirect, consequential, special or other damages
the user may incur for any reliance on the information given
by the Online Services. The Client also understands that the
Company shall not be responsible for the reliability, accuracy,
completeness, sequence or timeliness, or for any delays or errors
in the transmission or delivery of any part of the information.
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| 4.7 |
The Client understands
and agrees that the Company makes no warranties about any other
Internet locations visitors access directly or indirectly via
the Online Services of the Company. Any such internet locations
are independent from the Company and makes no representation
and assumes no liability regarding the quality, safety, accuracy,
or suitability of any of the information or software.
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| 4.8 |
The Client understands
that the Company bears no responsibility for the contents of
any messages, information or materials uploaded, posted, distributed
or transmitted by a Client on all bulletin boards, chat rooms
or forums provided on the Online Services. All such information
is not endorsed or guaranteed by the Company in any way and
the Company shall bear no liability for any losses incurred
by the Client in reliance upon such information. The Client
shall indemnify and hold the Company harmless against all liability
and claims for damages and expenses that may be made by third
parties against the Company in respect of any information posted,
distributed or transmitted by the Client in or through bulletin
boards, chat rooms, forums or such similar service segments
provided on the Online Services. The Client hereby grants the
Company a non-exclusive, world-wide and perpetual licence without
royalty to use, distribute, transmit, reproduce and derive their
works from any information posted, distributed or transmitted
by the Client on any bulletin boards, chat rooms, forums or
such similar service segments provided on the Online Services.
The Client also grants the Company the right to authorise the
use of such material by third parties whether or not they are
authorised users of the Online Services. The Company retains
the absolute right, but not the obligation, to monitor, review,
edit, delete or refuse to post any third party content or content
provided by the Client that the Company deems in its absolute
discretion to be objectionable or in violation of these Terms
and Conditions. The Company reserves the right to disclose any
details in respect of such information, messages or materials
uploaded, posted, distributed or transmitted through the Online
Services (including details of authorised users posting such
information) in compliance with any legal or regulatory requirement
or pursuant to any lawful request by any governmental or regulatory
authority. |
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5. Title to Information / Proprietary
Rights
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| 5.1 |
The Online Services
of the Company including its web site bearing the domain name
www.sjam.com.my and www.sjam-iassist.com are owned and managed
by the Company. The Company may from time to time make changes
or update the Online Services without prior notice.
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| 5.2 |
The information contained
in the Online Services is provided for the Client's personal
and non-commercial use only. The Client acknowledges and agrees
that the Online Services, the research materials and information
provided by the Company or authorised third parties are the
property of the Company or its licensors and are protected by
applicable copyright, trademark or other intellectual property
laws. Except with the prior written consent of the Company,
the Client may not reproduce, transmit, sell, display, distribute,
publish, broadcast, circulate, modify, disseminate or commercially
exploit such information, in any manner (including but are not
limited to electronic, print or other media now known and hereafter
developed).
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| 5.3 |
The information provided
by the Online Services is the property of the Company. The Client
agrees that it shall not reproduce, retransmit, disseminate,
sell, distribute, publish, broadcast, circulate or commercially
exploit the information in any manner whatsoever without the
express consent of the Company nor use the information for any
illegal purpose.
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| 5.4 |
The Client further
agrees not to use or permit anyone to use the Online Services
or any such information provided through it for any unlawful
or unauthorised purposes or in violation of this Agreement or
any other agreement as may from time to time be entered into
between the Company and the Client in respect of the use of
the Online Services, or any applicable law, rule or regulation
(whether in Malaysia or any other relevant territory or jurisdiction).
This includes but is not limited to the use of any material
or information in breach of copyright or the unauthorised use
or disclosure of material protected by trademark, trade secrets,
the use or posting of material which is deemed offensive, defamatory,
threatening, obscene, lewd, indecent or in bad taste or such
material which is deemed an invasion of privacy of any person
or individual or organisation. Such violation or unauthorised
use may lead to the Company terminating the provision of the
Online Services to Client without prior notice.
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| 5.5 |
The Client understands
that the Company does not guarantee that it will continue to
make the information and the Online Services available to the
Client, whether by the same methods currently used or otherwise.
Client also agrees not to hold the Company liable for any damages
arising from a discontinuation or modification of all or any
part of the Online Services. |
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6. Sole Risk of
Client
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| 6.1 |
The Client confirms,
represents and warrants that the use of the Online Services
constitute acceptance of the terms and conditions herein which
are binding on the Client and the Client is duly authorised
to use the Online Services (subject always to the terms and
conditions of any other agreement which the Company may from
time to time require the Client to enter into with the Company
in order to be able to use specific Interactive Products as
the Company may determine). Further, the Client accepts full
responsibility to safe guarding all account numbers, user ID,
passwords and PIN which are given to the Client to gain access
to the Online Services. As such, the Client accepts full responsibility
for the security, integrity and authenticity of all communications
sent via the Online Services to the Company bearing the Client's
user ID and sign-on password/PIN and Client agrees to be bound
by all such communications and the Client accepts full responsibility
in the choice of the security mode provided by the Company as
being adequate for his trading through the use of the Online
Services.
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| 6.2 |
The Client acknowledges
that neither the Online Services nor the information provided
thereunder is intended to amount to or constitute tax or legal
advice. Although the Online Services provides access to opinions,
information and recommendations about how to invest and what
to buy, none of these opinions, information or recommendations
are developed or endorsed by the Company and the Online Services
shall not be construed as amounting to offers, invitations or
solicitations to buy or sell the securities concerned.
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| 6.3 |
The Company does not
recommend any investment nor does it offer any advice regarding
the nature, potential value or suitability of any particular
security, transaction or investment strategy. The Client acknowledges
that all decisions made by the Client through the Online Services
and executed by the Company pursuant thereto are made at the
Client's sole and absolute risk.
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| 6.4 |
The Client acknowledges
that the governing authorities shall have the right to examine,
inspect and scrutinize the Client's terminals for audit and
other supervisory purposes as and when they deem fit subject
to such examination, inspection and scrutiny being carried out
at reasonable hours. The Client acknowledges that it shall not
hold the company liable for any liability and losses that may
occur as a result of the actions and omissions carried out by
the governing authorities.
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| 6.5 |
Due to the nature of
transactions over the internet and telecommunication networks,
the Client acknowledges and accepts the risks of the possibility
of any unauthorised copying, recording or reading of or interference
with transactions or information by third parties, delay in
or inability to access or use Online Services due to any hardware,
software, system or connection failure error, omission, interruption,
delay in transmission or computer virus and loss of data or
information that may occur due to any cause whatsoever, including
any failure of any of the Company's electrical, electronic,
computer, microprocessor, recording or communication system,
and the Client hereby releases the Company from any claim arising
from such risks, irrespective of whether the Company is or is
deemed to be aware of the possibility of such damages, losses
or expense arising.
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| 6.6 |
Any quotation provided
as part of the Online Services may be delayed and may not reflect
the prices at which the quoted securities may be bought or sold.
All orders executed through the Online Services are made at
the Client's sole and absolute risk.
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| 6.7 |
The Online Services
is provided as is and as available and neither the Company nor
its providers of information shall be liable in any way for
delays or interruptions in providing the information or omissions
therein. None of the foregoing parties shall be liable for any
third-party claims or losses of any nature, including, but not
limited to, lost profits, punitive, direct, indirect, special,
incidental, or consequential damages or for other damages. None
of the foregoing parties shall be responsible or held liable
for any system, server or connection failure, interruption and
delay or computer virus, and any related claims of any nature,
including direct, indirect, third party, consequential or other
damages. |
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7. Notification
by Client
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| 7.1 |
The Client agrees that
it shall notify the Company not later that 24 hours from the
time it became aware of the existence of any of the following: |
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7.1:1 |
any loss or theft of its personal
identification number (PIN); or |
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7.1:2 |
any unauthorised use of any of its
personal identification number (PIN), or of the Online Services
or any information obtained thereunder; or |
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7.1:3 |
any failure to receive a confirmation
through the Online Services that an order initiated by it through
the Online Services have been received and/or executed ; |
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7.1:4 |
any receipt of confirmation of business
done of an order which the Client did not place or any receipt
of inaccurate or conflicting report or information. |
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8. Confidentiality
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| 8.1 |
The Client shall be
responsible for the confidentiality and for the use of its personal
identification number (PIN). The Client further accepts full
and absolute responsibility for all orders entered through and
under its personal identification number (PIN) and any orders
so received by the Company shall be deemed to have been received
from the Client.
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| 8.2 |
The Client further
agrees to review the confirmation of Business Done to ascertain
that the said order was correctly received by the Online Services
and that a transaction reference number has been duly issued
immediately through the Online Services upon placing an order
to buy or sell. |
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9. Taxes
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| 9.1 |
The Client shall pay
all taxes payable by it for the use of the Online Services if
any. |
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10. Indemnity
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| 10.1 |
The Client hereby agrees
that it shall fully and effectively indemnify the Company and
hold the Company indemnified from and against any and all claims,
losses, liabilities, costs and expenses (including but not limited
to solicitors fee on a solicitor and Client basis) arising or
which may arise out of the Client's breach or violation of the
terms and conditions or any third party rights, including but
not limited to violation of any copyright/proprietary or privacy
rights. This obligation to indemnify the Company shall survive
the termination of the Online Services. |
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11. Termination
of Rights of Access
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| 11.1 |
Notwithstanding anything
herein to the contrary, the Company may at any time, in its
absolute discretion terminate forthwith the Client's right of
access to the Online Services or any portion of it without notice,
and without any obligation to give any reasons therefore or
for any reason whatsoever, including but not limited to any
unauthorised use of the personal identification number (PIN)
or breach of any terms and conditions of these terms and conditions
in any manner whatsoever whether by the Client or by any other
person(s) whomsoever.
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| 11.2 |
In the event of such
termination by the Company, the Company shall not be liable
to the Client for any claims, losses or anticipated profit which
may be suffered by the Client arising out of or pursuant to
or connected with such termination. |
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12. Records
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| 12.1 |
Client agrees that
the electronic records of the instructions, requests and/or
communications (including but are not limited to Client's Instructions),
and the terms and conditions shall be admissible in judicial
or administrative proceedings, as evidence in any court, content
thereof. Client also agrees that such electronic records and
any part, copy or computer output thereof be deemed to be an
original document, and further agrees not to challenge or dispute
the admissibility, authenticity or accuracy of such electronic
records. |
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13. Law
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| 13.1 |
These terms and conditions
are governed by the laws of Malaysia and the Company and the
Client agree to submit to the exclusive jurisdiction of the
courts of Kuala Lumpur, Malaysia in all disputes arising out
of or relating to their use of the Online Services.
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| 13.2 |
If any part of these
terms and conditions are determined to be invalid or unenforceable
pursuant to the applicable law, (including but are not limited
to the disclaimers and limitation of liability set forth above),
then, the invalid or unenforceable provision will be deemed
superseded by the valid enforceable provision that most closely
matches the intent of the original provision and the remainder
of these terms and conditions shall continue in effect.
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| 13.3 |
These terms and conditions
shall be in addition to any further terms and conditions contained
in any other agreement or agreements that the Company may require
the Client to enter into with it for the provision and use by
the Client of such Online Services which the Company may from
time to time specify.
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| 13.4 |
In consideration of
the mutual covenants herein, the Client by proceeding to use
or continue using the Online Services hereby confirms and agrees
that the Client has read, understands, consents and agrees to
all terms and conditions of this agreement. The Company reserves
the right to revise, modify or add to these terms and conditions
from time to time, at its sole discretion and without prior
notice. Continued usage of the Online Services by the Client
shall be taken as acceptance of any modified terms and conditions
which may arise. If the Client does not agree with any of these
terms and conditions, he must not use or immediately cease to
use the Online Services. |
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