KAF DIGITAL BANK MOBILE APPLICATION TERMS AND CONDITIONS

“BEFORE YOU CLICK ON THE “I AGREE” BUTTON, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY CLICKING ON THE “I AGREE” BUTTON, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND YOU SHALL BE BOUND BY THE SAME.”

This Terms and Conditions shall govern the Customer’s use of KAF Digital Bank’s Mobile Application.

1. Overview

1.1 These are the Terms and Conditions governing the Mobile Application, as amended from time to time, which is binding on the Customer. The use of the Mobile Application by the Customer shall be governed by this Terms and Conditions, including all requirements, directives, regulations, and guidelines in relation thereto issued by the Bank and any authority having jurisdiction over the Bank, at any time and from time to time. The Customer is advised to read and understand this Terms and Conditions before agreeing to accept this Terms and Conditions. The Customer is deemed to have accepted this Terms and Conditions digitally.

1.2 Where there is any conflict or inconsistency between this Terms and Conditions, the Islamic Deposit Account Terms and Conditions and the Debit Card-i Terms and Conditions, this Terms and Conditions shall prevail to the extent of such conflict or inconsistency.

2. Definitions & Interpretations

2.1 The following terms and expression shall apply to this Terms and Conditions, unless the context requires otherwise:

“ATM PIN” refers to the six-digit numeric personal identification number (ATM PIN) for a Debit Card-i issued to the Customer under the Customer’s Islamic Deposit Account.

“Authentication” means any form to authenticate or verify the Customer’s identity or Instructions including but not limited to:

a) Card Number;
b) ATM PIN;
c) Password;d) SecureKAF;
e) Username;
f) Biometric; and/or
g) Mobile Application.

“Balance” means the service which allows the Customer to perform account enquiry on Mobile Application, using Fingerprint(s) or Face authentication, if the Customer has activated the Biometric authentication.

“Banking Services” means the facilities, products, and services of the Bank that are made available to the Customer on the Bank’s Mobile Application.

“Bank” refers to KAF Digital Bank Berhad (Company No. 202301012417 (1506339-M) “Bank’s Contact Centre” means the details of the Bank as follows:

Telephone number : 03-8744 3331
Email : hello@kaf.com.my

“BNM” refers to Bank Negara Malaysia, Central Bank of Malaysia.

“Biometric” means an authentication method using Face or Fingerprint(s), as the case may be, to authenticate or verify the Customer’s identity or Instruction(s).

“Bill” means an itemised statement of money owed, or a request to pay, for purchase of goods, provision of services and/or any other business transaction.

“Biller” means the government agencies, statutory bodies, sole proprietor or partnership businesses, a company, an organisation, societies or charities that are participating in the Scheme to collect bills payments.“Biller Bank” means a Participant appointed by a Biller to facilitate the Biller’s collection of Bill payments via Bill Payment Facility..

“Biller Code” refers to an alphanumeric code uniquely identifying either:

● a Biller; or
● a Biller’s product or service category

for the purposes of routing payments to the Biller.

"Business Day"
means any day from Monday to Friday on which the Bank is open for business in Malaysia but does not include any public holiday.

“Card Number” refers to the sixteen-digit number of the Debit Card-i as assigned by the Bank to the Customer’s Islamic Deposit Account.

“Customer” refers to the person or persons whose name(s) in the Islamic Deposit Account(s) that is/are maintained with the Bank and each person who uses or is authorised to use Username and Password, or other means of access as may be established or approved by the Bank.

“Debit Card-i” means any Debit Card-i issued by the Bank to the Customer providing electronic access to the Customer’s Islamic Deposit Account, and to allow the Customer to effect any transactions subject to the Bank's Debit Card-i Terms and Conditions.

“DuitNow” refers to an overlay service of Retail Payment Platform (as defined below) which allows the Customer to initiate and receive credit transfer.

“DuitNow National QR Code Standard”
refers to the specification developed and managed by PayNet for domestic interoperable QR use cases.

“DuitNow QR” refers to the service owned by PayNet which facilitates industry wide ubiquitous payments or transfers by scanning the QR (Quick Response) code which complies with DuitNow National QR Code Standard.

“Entity/Entities” here includes companies, corporations, sole proprietorships, small-medium enterprises, partnerships, limited liability partnership associations, societies, co-operative societies, management committees, trusts, trade unions and clubs duly established or recognized by the laws of Malaysia.

“Face” refers to the facial identity saved on the Customer’s Mobile Device which supports face authentication function and may be used as an alternative to the Customer’s Password to access Mobile Application to perform Balance, Transfer, or any other selected Banking Services as communicated by the Bank from time to time.

“FEN” refers to the Foreign Exchange Notices Policy issued by BNM.

“Fingerprint(s)” refers to the fingerprint imprint(s) saved on the Customer’s Mobile Device which supports fingerprint authentication function and may be used as an alternative to the Customer’s Password to access Mobile Application to perform Balance, Transfer or any other selected Banking Services as communicated by the Bank from time to time.

“FPX” means the FPX platform which facilitates the Customer to make secure online real-time payments from the Customer’s Islamic Deposit Account to FPX Sellers.

“FPX Sellers” means a Company/Entity or Entities/Government Agency that has been registered and authorized to receive payment from the Customer via FPX system.

“ID" refers to the Customer's official identification document that the Customer used to open an account with the Bank. For example: MyKad/NRIC, MyPR, army/police ID, passport, etc.

“FSA 2013” refers to Financial Services Act 2013 and shall include any amendments and supplemental.

“IFSA 2013” refers to Islamic Financial Services Act 2013 and shall include any amendments and supplemental.

“Islamic Deposit Account” means the Shariah-compliant Savings Account-i (SA-i) offering Malaysian Ringgit to the Customer subject to the Bank’s Islamic Deposit Account Terms and Conditions.

“Instructions” refers to any request, application, authorisation or instructions in any form given or transmitted through the Mobile Application to the Bank by the Customer.

“KAF Group of Companies” refers to the Bank’s parent company and all its subsidiaries including the Bank.

“Mobile Application” , “Mobile Application” or “Mobile App” or “App” means an application which may be downloaded and installed by the Customer via iOS or Android Mobile Device to receive Push Notification, Secured Messaging and/or to perform selected Banking Services as communicated by the Bank from time to time.

“Mobile Application Account” means an account governing Mobile Application that is linked to the Islamic Deposit Account, Debit Card-i and all other services and products offered by the Bank from time to time.

“Mobile Device” means any mobile electronic or telecommunication device, including without limitation, mobile phones, smartphones or tablets, that may be used to access the Mobile Application.

“MyKad/NRIC” refers to an identity card carried by all Malaysian citizens that is also used for electronic payments and public transport.

“MyPR” refers to a Malaysian permanent resident identity card.

“NAD” refers to the National Addressing Database which is a central depository established by PayNet which links a bank account to a recipient’s DuitNow ID and facilitates payment to be made to the Bank by referring to the recipient’s DuitNow ID.

“Network Service Provider” means any internet service provider or commercial online service provider providing connection to the internet.

“OFS” refers to the Financial Markets Ombudsman Service, which is a financial consumer dispute resolution body.

“Originator” means a third party other than the Customer and who is not registered on this Mobile Application.

“PayNet” refers to Payments Network Malaysia Sdn. Bhd.

“Participant” means a bank that is a member of the Bill Payment Facility.

“Password” means a unique string of characters (includes alphanumeric and selected symbols) chosen by the Customer and known only to the Customer and the Bank's computer system, constitutes the other part of the Customer’s electronic signature, which must be keyed in by the Customer to allow the Mobile Application system to authenticate the Customer’s Username and grant the Customer access to the Mobile Application.

“PDF” means Portable Document Format.

“Privacy Notice” refers to the Bank’s policies and principles pertaining to the collection, use and storage or personal information of existing and prospective Customers.

“Push Notification” means any transaction authentication, post-transaction alert, security alert, system maintenance, promotion and other types of messages that may be sent to the Customer’s Mobile Device even if the Customer’s Mobile Device is locked, on standby, or the Mobile Application is not running.

“Retail Payment Platform” or “RPP” means the shared payment infrastructure developed and operated by PayNet which facilitates payments and collections addressed using easily remembered proxies or by account numbers.

“Ringgit Malaysia” refers to the lawful currency of Malaysia.

“RRN” refers to the Recipient Reference Number. A unique identifier of the bill account assigned by a Biller to the Customer.

“Scheme” means a service offered by Scheme Operator` which facilitates industry wide ubiquituous Bill payments through the use of standard Biller Codes and RRN.

“Scheme Operator” means the owner and the operator of the Scheme.

“SecureKAF” means a security authentication feature that has been implemented to provide a layer of protection for relevant Banking Services that can be accessed via the Mobile Application.

“Security Codes” means the security credentials used to identify the Customer when the Customer access and utilise the Mobile Application comprising of the Password, username, ATM PIN, Secure KAF, Biometric, registration code, reset code and includes any other security codes that the Bank may issue/implement from time to time with prior notice to the Customer.

“Secured Messaging” refers to the alert and notification service made available on the Mobile Application.

“Shariah” refers to Shariah principles as determined from time to time by the rulings of the Shariah Advisory Council of BNM and the Shariah Committee. The Customer and the Bank agree that their respective rights and obligations herein are intended to be and in conformity with the Shariah as determined from time to time by the rulings of Shariah Advisory Council of BNM and the Shariah Committee

“Shariah Advisory Council” refers to the Shariah Advisory Council of BNM.

“Shariah Committee” refers to the Shariah committee of the Bank

“Terms and Conditions” means this terms and conditions governing the use of the Mobile Application, as may be amended from time to time.

“Third Party Account” means an account of which the Customer wishes to make a fund transfer either within the Bank or outside the Bank.

“Transfer” means the service which allows the Customer to perform selected transactions up to an amount determined by the Bank.

“Username” refers to the unique name made up of a string of characters chosen by the Customer, constitutes one part of the Customer’s electronic signature hereunder and is the only means by which to allow the Bank to identify the Customer, which must be keyed in by the Customer in order for the Mobile Application system to associate the Customer’s Username with the Customer’s user profile and the Customer’s Islamic Deposit Account.

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

2.3 Words importing the masculine gender shall include the feminine and neuter genders and vice versa.

2.4 All references to provisions of statutes include subsidiary legislation and all modifications, re-certification and re-enactment of or to such statutes and subsidiary legislations from time to time and for the time being in force.

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

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

3. Application and Enrolment to the Mobile Application

3.1 To enrol for the Mobile Application, the applicant must be 18 years and above.

3.2 Any application to enrol for the Mobile Application and access, will be subject to the Bank's approval. The Bank reserves the right to accept or reject any application, deny access to the Mobile Application, limit the access or transactions or to revoke the access to the Mobile Application.

3.3 Upon the Bank’s approval, the Customer shall only have limited access to the Mobile Application prior to the opening of the Islamic Deposit Account and Debit Card-i.

3.4 Subject to the terms related to the authorised person in the Islamic Deposit Account Terms and Conditions, if the applicant is an Entity:

(a) during the limited access of the Mobile Application only the authorised person should have the limited access to the Mobile 

Application Account;

(b) the Entity’s authorised person shall have full access to the Mobile Application Account as made available by the Bank upon creating an Islamic Deposit Account and Debit Card-i; and

(c) if the Customer would like to appoint a new authorised person of the Mobile Application Account, the new authorised person shall request the Bank to change the Username and Password of the Mobile Application Account, or the Bank may require a new Mobile Application Account to be set up to prevent any unauthorised use of the Mobile Application.

4. Availability of Service

4.1 The Mobile Application is intended to be made available 24 hours a day, seven (7) days a week. The Customer acknowledges that there may be occasional times, part or all of the Mobile Application may not be accessible due to system maintenance or reasons beyond the control of the Bank. In such event, the Bank will take reasonable efforts to notify the Customer on the Mobile Application’s unavailability from time to time.

5. The Customer’s Responsibility and Undertakings

5.1 The Customer shall furnish the Bank with complete, accurate and timely data, information and Instructions in relation or in connection with any transactions or performance made through the Mobile Application.

5.2 The Customer agrees to observe all security measures in relation to the Mobile Application Account including the access and usage of Mobile Application as specified in this Terms and Conditions and any other rules and regulations, policies or guidelines as may be in force in relation thereto.

5.3 The Customer shall be responsible for the maintenance of any account that the Customer may have with a Network Service Provider for the Customer’s access to the Mobile Application and the Customer hereby agrees, acknowledges, and understands that such access will, to that extent, be subject to the terms and conditions of the Customer’s Network Service Provider.

5.4 The Customer shall not interfere with the access to and use of the Mobile Application or Banking Services by other customers and the Customer shall not use the Mobile Application for any purposes other than conducting authorised transactions pertaining to the Mobile Application Account. The Customer shall also not hack, attempt to hack or gain unauthorised access, whether directly or indirectly, into the Mobile Application, any other customer's account(s) and/or the Banking Services, for any purpose whatsoever.

5.5 The Customer shall observe all reasonable propriety and etiquette in the Customer’s communications with the Bank and shall not communicate any obscene or defamatory information to the Bank whether through Mobile Application or otherwise.

5.6 The Customer is advised to regularly check all notices sent by the Bank to ensure the Customer is aware of any update of the Bank’s relevant and applicable policies and practices and other terms applicable to Mobile Application Account, the Banking Services and the Mobile Application.

5.7 The Customer shall not download, install or use the Mobile Application on a jail-broken or rooted device. Unauthorised modifications to any Mobile Device’s operating systems ("jail-breaking or rooting") bypasses security features and can cause numerous issues to the hacked devices. The Bank reminds the Customer against downloading, installing or using Mobile Application in any hacked Mobile Device.

5.8 The Customer shall not copy, distribute, recreate, and/or disseminate the Mobile Application or any part thereof for any purposes other than for normal non-commercial use or where it is necessary for the purpose of back-up or operational security.

5.9 The Customer shall not rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Mobile Application or any part thereof.

5.10 The Customer shall not make alterations or modifications to the whole or any part of the underlying software of the Mobile Application, or permit the underlying software of the Mobile Application or any part thereof to be combined with, or become incorporated in, any other programs.

5.11 The Customer shall not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Mobile Application. The Mobile Application shall not be commercialised in any manner whatsoever.

5.12 The Customer shall not use the Mobile Application for any purposes other than for the purpose of and to the extent permitted under this this Terms and Conditions. For the avoidance of doubt, the Customer shall not use the Mobile Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with or not authorised by this Terms and Conditions, or act fraudulently or maliciously.

5.13 The Customer shall not use the Mobile Application in a way that could damage, disable, overburden, impair or compromise the Bank's systems or security or interfere with other Customers’ use and enjoyment of the Mobile Application in any manner whatsoever. For the avoidance of doubt, the Customer shall not (i) take any action that places excessive demand on the Bank's services or imposes, or may impose, an unreasonable or disproportionately large load on the Bank's servers or other portion of the Bank's infrastructure (as determined in the Bank's sole discretion); (ii) scan, test or tamper with the security or configuration of the Mobile Application or otherwise breach any security or authentication measures; or (iii) overload, “flood,” “spam,” “mail bomb,” or “crash” the platform; access, monitor, or copy any content from the Mobile Application using any “robot,” “spider,” “scraper” or other automated means or any manual process.

5.14 The Customer shall not collect, share or harvest any information from the Mobile Application (normal non-commercial use excepted) or attempt to decipher any transmissions to or from the servers running any of the services except in such a way which is permitted by this Terms and Conditions or other agreements the Customer has with the Bank.

5.15 The Customer shall not use the Mobile Application to bypass or circumvent measures employed to prevent or limit access to the Mobile Application.

5.16 The Customer shall not use the Mobile Application to create any hyperlink or deep link to the Mobile Application from any other website or platform.

5.17 The Customer shall at all times ensure that Mobile Application shall be used solely in compliance with the Shariah.

6. Instructions and Authorisations

6.1 All Instructions transmitted to and/or received by the Bank via the Customer’s Authentication shall be regarded as regular and genuine Instructions made by the Customer and shall be binding on the Customer upon transmission, subject to Clause 6.4. The Bank is duly authorised to accept and act upon Instructions made via the Customer’s Authentication. The Customer acknowledges and agrees that the Bank shall have no duty to and shall not be required to take any steps to verify or seek any other confirmation from any party to verify the said Instructions and its authenticity, but the Bank has right to do so for its own purposes.

6.2 If the Customer discovers or has reason(s) to believe that the Instructions transmitted to or received by the Bank are neither accurate nor complete, the Customer shall inform the Bank’s Contact Centre immediately.

6.3 The Bank upon receiving such notification in Clause 6.2 above, may cancel, revoke, reverse or amend an earlier Instruction provided the Customer’s request to cancel, revoke, reverse or amend the same is received and effected before the earlier Instruction is executed and the Bank reserves the right to charge the Customer accordingly.

6.4 In the event that the Bank decides to act upon and/or carry out any Instructions or is otherwise under an obligation to act upon and/or carry out any Instructions, the Bank shall be allowed to act upon and implement any Instructions as may be reasonable having regards to the systems and operations of the Bank and any other circumstances. To the maximum extent permitted by law, the Bank shall not be responsible or liable for any loss arising from any delay on the part of the Bank in acting upon and/or carrying out any such Instructions.

6.5 To the maximum extent permitted by law, the Bank reserves the right to refuse to carry out any Instructions given by the Customer for any reason, including without limitation, where such Instructions are in violation of any of this Terms and Conditions contained or are inconsistent with any of the Bank’s policies, Shariah, any regulatory requirements or other rules and regulations as may be in effect from time to time.

6.6 Where any Instructions is/are ambiguous and/or inconsistent with any other Instructions, the Bank shall be entitled to rely and act upon such Instructions in accordance with any evidence recorded by the Bank’s system. The Bank may also refuse to act until the Bank receives a fresh Instruction(s) to the satisfaction of the Bank, in such form and manner as had been communicated by the Bank to the Customer.

6.7 All Instructions given and transactions effected or made by the Customer after the time stipulated by the Bank on any day will be effected or made on the next Business Day following that date of the Instructions or transaction is made. The Customer may refer [please insert website link] for details of transaction cut-off time.

7. Limits on Transactions

7.1 The Customer agrees and accepts that the Bank reserves the right to impose limits and conditions to all the transactions performed by the Customer through the Mobile Application, as communicated by the Bank from time to time. The Customer further agrees and accepts that the Customer’s transactions are limited to such maximum daily limit that may be imposed by the Bank from time to time. The Customer shall ensure that the limit shall be observed.

7.2 In the event that the Customer’s Islamic Deposit Account is overdrawn for any reason whatsoever including the exercise by the Bank of its right of set-off or as a result of the Bank executing the Customer’s Instructions, the Customer shall, pay to the Bank the amount of moneys overdrawn.

8. Updating of the Customer's Personal Particulars

8.1 It is important for the Customer to ensure that the Customer’s personal particulars such as address, contact numbers, authorized signatories given to the Bank are accurate and kept updated at all times. This is to enable the Bank to deliver communications regarding the operation of the account and any marketing related activities. The Bank shall be entitled to assume that there have been no changes until the Bank has received notice given by the Customer.

9. Mobile Application Account Information

9.1 Subject to Clause 9.2 and to the maximum extent permitted by law, the Bank does not warrant the accuracy of any information pertaining to the Mobile Application Account as reported through the Mobile Application.

9.2 The Customer acknowledges that any information pertaining to the Mobile Application, Customer’s Islamic Deposit Account, Debit Card-i, Third Party Account(s) or transactions as reported through the Mobile Application may not always be completely up to date as there may be transactions and/or Instructions which, without limiting the generality of the foregoing, have yet to be processed by the Bank, require verification by the Bank or are in progress. The Customer agrees that the account balance as reported through the Mobile Application shall not, for any purpose whatsoever, be taken as conclusive of the Customer’s Islamic Deposit Account’s balance with the Bank.

9.3 The Bank will issue the E-Statement as agreed in this Terms and Conditions. An E-Statement will include the Mobile Application transactions carried out on the Customer’s Instructions which are relevant to the Customer’s Islamic Deposit Account.

9.4 E-Statement

(a) E-Statement is an electronic statement provided to the Customer by the Bank that is made available through Mobile Application.

(b) An E-Statement through the Bank’s Mobile Application is available on a monthly basis or at such frequency as determined by the Bank. The Customer must be a registered Mobile Application user and has registered for the E-Statement service where the Customer may view the E-Statement.

(c) The Customer agrees and undertakes to examine with due care that all the entries in the E-Statement promptly and to report immediately to the Bank of any error or discrepancies found in the E-Statement. If the Bank does not receive any notification in writing within twenty-one (21) days from the E-statement date of any errors or discrepancies as regards to the Debit Card-i entries in the E-Statement, then the Customer shall have accepted such entries made up to the date of the last entry in the E-Statement as correct, binding, final and conclusive and adopt all withdrawals or other debits to the Islamic Deposit Account.

(d) In the expiry of notification from the Customer in the manner set out in the clauses above, the E-statement shall be conclusive evidence of the Customer’s confirmation and acceptance of the accuracy of the E-Statement.

(e) The E-Statement service allows the Customer to view, save and print the E-Statement in PDF format or such other format as may be made available by the Bank from time to time, subject to this Terms and Conditions.

10. Fees and Charges

10.1 The fees and charges and all other monies to be paid by the Customer to the Bank in relation to the Mobile Application including any amount representing reimbursements to be paid by the Customer to the Bank is exclusive of any tax, and shall be paid without any set-off, restriction or condition and without any deduction for or on account of any counterclaim or any deduction or withholding.

10.2 The Customer shall in addition to the fee and all other monies payable, pay to the Bank all applicable tax at the relevant prevailing rate and/or such amount as is determined by the Bank to cover any tax payments/liabilities/obligations in connection therewith, without any set-off, restriction or condition and without any deduction for or on account of any counterclaim or any deduction or withholding, apart from any taxes which may be required under any laws to be paid by the Customer directly to any appropriate authority, in which the Customer shall remit directly to the appropriate authority.

10.3 All tax shall be payable by the Customer to the Bank at such time and in such manner as shall be requested by the Bank.

10.4 In the event the Customer is required by law to make any deduction or withholding from the fee and/or all other monies payable to the Bank in relation to the Mobile Application in respect of any tax or otherwise, the sum payable by the Customer in respect of which the deduction or withholding is required shall be increased so that the net fee and/or the net amount of monies received by the Bank is equal to that which the Bank would otherwise has received and has no deduction or withholding been required or made.

10.5 If at any time an adjustment is made or required to be made between the Bank and the relevant taxing authority on account of any amount paid as tax as a consequence of any supply made or deemed to be made or other matter in connection with the Bank, a corresponding adjustment may at the Bank’s discretion be made as between the Bank and the Customer and in such event, any payment necessary to give effect to the adjustment shall be made.

10.6 The Customer agrees and acknowledges that all fees, charges, taxes and duties including but not limited to 7
telephone and telecommunication charges, relating to the Customer’s access and connection to the Mobile Application including any fees and charges imposed by any Network Service Provider shall be borne solely by the Customer, and the Bank shall neither be responsible nor liable in relation thereto.

10.7 The Bank reserves the right to debit the Customer’s Islamic Deposit Account for the payment of any fees and charges or taxes and/or penalties imposed for any non-compliance to this Terms and Conditions including any government charges, stamp duties or taxes (including but not limited to service tax) payable as a result of the use of Mobile Application and the services provided. The Customer may refer to http://www.kafdigitalbank.com.my for full list of fees and charges.

10.8 The Customer agrees to do all things reasonably requested by the Bank to assist the Bank in complying with its obligations under any applicable legislation under which any tax is imposed. In the event a new tax is introduced, and such tax is required to be charged on the transaction contemplated in this Terms and Conditions, the Customer agrees to provide its fullest cooperation to the Bank in assisting the Bank in complying with its obligations under the relevant laws.

10.9 For the avoidance of doubt, both the Bank and the Customer agree that any sum payable or amount to be used in the calculation of a sum payable expressed elsewhere in this Terms and Conditions has been determined and does not include amounts to be added on under this clause on account of tax.

10.10 The Bank may inform the Customer of any variations thereof by giving twenty one (21) days prior notice to the Customer via a notification on the Mobile Application.

10.11 If the Customer disagrees with the imposition of such fees and charges or taxes and/or variations the Customer shall cease to use the Mobile Application in relation to the Islamic Deposit Account. The Customer’s continuance usage and access of the Mobile Application and Banking Services to which such fees & charges, taxes and/or variations relate to this Terms and Conditions shall be deemed as the Customer’s agreement and binding acceptance of the same.

11. Transfers and Payments

11.1 The Bank will use reasonable endeavours to execute any transfer and/or payment Instructions promptly in accordance with the Customer's Instructions subject always to the transfer and/or payment being made on a Business Day before the time stipulated by the Bank.

11.2 The Bank may request for any additional verification and/or information prior to the execution of any transfer and/or payment Instructions. For the avoidance of doubt and to the maximum extent permitted by law, the Bank shall not be responsible nor liable for any loss which the Customer may suffer, whether directly or indirectly, as a result of the Bank's option not to request for such additional verification and/or information.

11.3 The Customer acknowledges that the Bank may specify limits on the number of transactions the Customer may make using the Bank's transfer and/or payment services and the amounts to be transferred or paid under the same.

11.4 The Bank shall not be liable for any transfer and/or payment Instructions or any failure to complete or execute a transfer and/or payment Instructions where:-

(a) the Customer has an insufficient balance in the Customer’s Islamic Deposit Account to transfer or pay the relevant amount(s) or to transfer or pay for any fees, taxes, duties, levies, penalty charges for any non-compliance to this Terms and Conditions, and/or profit charges that may be imposed by the Bank from time to time for the use of Mobile Application or any of its Banking Services;

(b) the Customer’s Islamic Deposit Account(s) is/are to be made subject to any legal process or other otherwise claim restricting such transactions or where the same is/are otherwise frozen, closed or suspended for any reason whatsoever;

(c) the beneficiary bank do/does not process the Customer’s transfer and/or payment Instructions promptly and/or correctly;

(d) the Customer has provided the Bank with inaccurate or incomplete Instructions or information relating to, among others, the amount(s) to be paid or transferred and the details of the beneficiary account(s) to which such monies are to be transferred or paid to, or the status of the beneficiary account is invalid and/or falls under Clause 11.4(b);

(e) there is an error in the information or Instructions given by the Customer, during the course of transmission through the Mobile Application;

(f) the Customer fails, neglects, omits or otherwise chooses not to follow the latest or current Instructions, procedures and directions for using the Mobile Application or the particular Banking Services offered; or

(g) the Bank knows or has reasons to believe that a fraud, criminal act, offence, or violation of any law or regulation has been or will be committed.

11.5 To the maximum extent permitted by law, the Customer may cancel the unprocessed transfer and/or payment pursuant to this Clause 11. Any unprocessed transfer and/or payment will be cancelled on the Business Day the 8
Customer’s cancellation request is received. If the Customer closes any relevant Islamic Deposit Account pertaining to any such transfer and/or payment, any unprocessed transfer and/or payment scheduled from that Islamic Deposit Account or to be paid into that Islamic Deposit Account will also be cancelled on the day that Islamic Deposit Account is closed.

11.6 In making/ receiving payment/ transfer under DuitNow QR service:

(a) the Customer shall download and install the Mobile Application and complete the Mobile Application first time setup.

(b) the Customer shall select an account as the debiting and crediting account.

(c) the Customer shall observe all security measures as stipulated in Clause 13 of the Terms and Conditions.

(d) the Customer shall not use DuitNow QR to make transfer and/or payment unless there is sufficient fund in the Customer’s debiting account.

(e) the Bank has initially specified maximum daily cumulative limit on DuitNow QR for making transfer and/or payment. However, the Customer may change this limit via the Mobile Application or any other means as informed by the Bank through the communication method(s) as specified in Clause 34. The Bank has the right from time to time to revise the minimum and/or maximum limit on DuitNow QR for making payment/transfer with prior notice to the Customer.

(f) for any transfer and/or payment transaction of RM250 and below, no Password, ATM/PIN and/or Biometric authentication is required, subject to a maximum daily cumulative limit of RM250. The Customer may change this limit via Mobile Application or any other means as informed by the Bank through the communication method(s) as specified in Clause 34. For any payment/ transfer transaction above RM250 or the daily cumulative limit set by the Customer, Password, ATM/PIN and/or Biometric authentication is required to authorise the transaction.

(g) the Customer shall be responsible to ensure the correct amount and beneficiary information is displayed prior to confirming the payment/ transfer transaction.

(h) the use of DuitNow QR services on Mobile Application is subject to this Terms and Conditions and Terms and Conditions of DuitNow QR.

12. Secured Messaging

12.1 The Customer agrees and acknowledge that the Bank may fix a limit as to the number of messages the Customer may receive or store in or through the Secured Messaging at any time.

13. The Customer’s Responsibilities for Security

13.1 The Customer agrees that the Customer shall ensure and prevent unauthorised and fraudulent use of the Mobile Application Account, using measures including but not limited to the following:

(a) the Customer's Security Codes and the Customer's ATM/PIN and/or Biometric data must be kept as private and confidential by the Customer at all times, are not accessible to any person other than the Customer, and are not disclosed or exposed to any person (including the employees of the Bank) under any circumstances or at any time;

(b) the Customer's Security Codes should not be written down in any form or manner which may be deciphered by anyone. Any advice sent to the Customer containing the Customer's Security Codes, must be destroyed immediately after the Customer have received and read them. Any email requesting for the Customer's Security Codes is to be reported to the Bank immediately by contacting the Bank's Contact Centre;

(c) the Customer is to ensure that the equipment or Mobile Device that the Customer uses to access the Mobile Application will not allow recording of the Customer's activities and that the necessary anti-spyware, anti-virus and firewalls are installed;

(d) the Customer is to ensure that the equipment or Mobile Device that the Customer uses to access the Mobile Application is not jail-broken, rooted or is based on unauthorised modification to its operating system. The Bank will not be liable to the Customer for any losses suffered or costs incurred, if the Customer uses to access the Mobile Application on an equipment or Mobile Device that is jail-broken, rooted or is based on unauthorised modification to is operating system.

(e) the Customer shall ensure that the Customer has checked before entering the Customer's Password when logging on to the Mobile Application;

(f) The Customer shall be responsible to use necessary internet browser and/or any other hardware and/or software including any new and recent versions thereof, which is necessary to obtain access to the Mobile Application at the Customer’s own risk and expense.

(g) the Customer shall not log in to the Mobile Application at internet cafes or any public places offering internet services;

(h) if the Customer loses the Customer’s Mobile Device, the Customer shall de-register the Customer's Mobile Application from the lost Mobile Device immediately by contacting the Bank's Contact Centre;

(i) the Customer shall change their Password on a periodic basis;

(j) the Customer should not carry out any Instructions through the Mobile Application or use the Mobile Application in the presence of any other person;

(k) it is the Customer's responsibility to ensure that only the Customer has access to the Mobile Application Account. Once the Customer has logged on to the Mobile Application Account, the Customer must not leave the terminal or device, from which the Customer accessed the Mobile Application Account, unattended at any time or let anyone else use such terminal or device until the Customer has properly logged off at the end of each session; and

(l) if the Customer has received data or information through the Mobile Application which is not intended for the Customer, the Customer shall immediately report to the Bank by contacting the Bank’s Contact Centre and delete the said data or information unless instructed otherwise by the Bank.

13.2 The Customer is aware and agrees that the Bank uses the Customer's Security Codes to identify the Customer and that it is the Customer’s responsibility to keep all the Customer's Security Codes secure and exercise reasonable care to prevent unauthorised access and/or use of the Mobile Application Account. If the Security Codes are exposed or suspected to be exposed to any person, the Customer shall immediately change the Security Codes and report such suspected exposure immediately to the Bank via the methods mentioned under Clause 34 where applicable to protect the Mobile Application Account. To the maximum extent permitted by law, the Bank shall not be held responsible or liable for any loss or damages suffered due to any unauthorised transactions carried out through the use of the Security Codes due to the Customer failure to report a breach or a suspected compromise of security immediately upon discovery of such breach or compromise unless it is due to the Bank's gross negligence or wilful default.

13.3 The Bank reserves the right to invalidate temporarily, suspend or block the Customer's access to the Mobile Application and/or use of the Customer's Islamic Deposit Account until further verification if the Bank detects potential unauthorised access and the Bank will inform the Customer as soon as practicable, subject to legal and/or regulatory restrictions. Once verification is successful, the Customer's access to the Mobile Application Account will be reinstated.

13.4 The Customer shall promptly notify to the Bank through the Bank’s Contact Centre of any loss, theft, remote takeover or interception of Authentication, from the Customer’s Mobile Device and/or any other device used to generate and/or receive Authentication. The Customer shall remain responsible for any unauthorized transactions which took place as a result of loss or theft whatsoever related to this clause.

13.5 The Customer shall comply with any other security rules prescribed by the Bank from time to time whether in the website, under any other terms and conditions with the Bank, or otherwise notified to the Customer by the Bank.

13.6 By enabling ATM PIN and/or Biometric to access to the Mobile Application Account, the Customer agrees and acknowledges that:

(a) The Face or Fingerprint(s) registered on the Customer’s Mobile Device will be used to access to the Mobile Application.

(b) The ATM PIN and/or Biometric is performed by the Mobile Application by interfacing with the Face or Fingerprint’s ATM PIN and/or Biometric module on the Customer’s Mobile Device and that the Customer agree to the ATM PIN and/or Biometric process.

(c) The Bank does not represent or warrant that the ATM PIN and/or Biometric will be accessible at all times or that it will function with any electronic equipment, software, infrastructure or other electronic banking services whatsoever that the Bank may offer from time to time.

(d) The Customer shall take necessary precautions to safeguard the Customer’s Mobile Device and must not save any other Face or Fingerprint(s) except the Customer’s own Face or Fingerprint(s) on the Customer’s Mobile Device. The Customer understands that upon the successful registration and enablement of Face or Fingerprint on the Mobile Application, any Face or Fingerprint imprint(s) that is/are stored on the Customer’s Mobile Device can be used to access the Customer’s Mobile Application and may be used to authorise logins and transactions through the Mobile Application and the Banking Services.

(e) The Bank shall not be liable for the Customer’s loss that will incur or has incurred in connection with the use or attempted use of the ATM/PIN and/or Biometric, or the Customer’s Instructions, or any unauthorised transactions through or in connection to the use of ATM PIN and/or Biometric to access to the Mobile Application and the Banking Services, unless any law prohibits the Bank from excluding or limiting the Bank’s liability. The Customer shall indemnify the Bank from all losses and damages whatsoever which the Bank may suffer in connection with any improper use of the Customer’s ATM PIN and/or Biometric through the Mobile Application except where such losses and damages were directly attributable by the Bank’s gross negligence, wilful default, or fraud.

13.7 The Customer is also advised to periodically check the Customer’s Islamic Deposit Account’s balances through the Mobile Application at appropriate length of time subsequent to the transaction performed and to let the Bank know of any irregularity or errors. Should there be any unauthorised transactions or unauthorised access suspected, the Customer must immediately call the Bank’s Contact Centre.

14. Confidentiality

14.1 The information provided on the Mobile Application is the property of the Bank.

14.2 The Customer undertakes to not do or attempt to do any of the following:

(a) publish, display, convey, share, distribute, transmit, broadcast, cablecast, reproduce, sell or disseminate any information provided on the Mobile Application in any form or by any means to any other person;

(b) remove, erase, modify or hide in any way any proprietary marking on or appearing with any information provided on the Mobile Application, including any trademark or copyright notice; and

(c) incorporate or combine any information provided on the Mobile Application with any other program or information that does not belong to the Bank.

14.3 The Customer agrees that all rights, title and interest in and relating to the information provided on the Mobile Application (including all copyright, patent, trademark, service mark, proprietary property, trade secrets and exclusive works) are and remain the exclusive property belonging to the Bank.

14.4 No rights, title or interest is conveyed or transferred to the Customer other than the right to access the information provided on the Mobile Application subject to this Terms and Conditions.

14.5 The information provided on the Mobile Application is for reference only and is not intended for trading or other purposes. Any available information provided on the Mobile Application made available to the Customer shall not, by itself, constitute solicitation of the sale or recommendation of any product.

14.6 The Bank does not assume any liability (whether in tort or in contract or any other liability) for any information provided on the Mobile Application made available to the Customer by any other person other than the Bank.

14.7 The Customer undertakes to observe all security measures prescribed by the Bank in respect of the use of the Mobile Application.

14.8 Should the Customer receive any data and information through the Bank’s Mobile Application, which is not intended for the Customer, the Customer shall immediately notify the Bank via the Bank’s Contact Centre in any case not later than twelve (12) hours.

15. Bank’s Right of Set Off

15.1 The Customer agrees that the Bank has the right at any point of time to:

(a) demand the Customer to refund of and/or to debit the Customer’s Islamic Deposit Account and/or set-off any balances in Islamic Deposit Account for any overpayment into any of the Customer’s Islamic Deposit Account arising from error, irregularity, or omission, whether attributable to the Bank, in the course of carrying the Instructions or in any other occasions whatsoever.

(b) set off any money in any of the Customer’s Islamic Deposit Account with the Bank (whether matured or otherwise) towards satisfaction of any of the Customer’s liabilities to the Bank.

(c) debit the applicable amount from the Customer’s Islamic Deposit Account without prior consent if the Customer is not the intended beneficiary in the following events:

(i) mistaken payment instruction caused by the Originator who initiates the transaction that is directed to wrong recipient, carry wrong amount, or are duplicate;

(ii) erroneous payment instructions that were incorrectly transferred by other financial institution or the Bank to other parties which include but not limited to generating invalid, incorrect, misdirected or duplicated transaction on behalf of the Originator due to technical errors or operations errors that are not the fault of the Originator;

(iii) erroneous payments caused by payment system may be due to technical or operational errors that result in incorrect or duplicated transaction; or

(iv) unauthorised or fraudulent payment instruction(s) that were not initiated by the Originator or transaction which have been induced by dishonest or fraudulent means for the benefit of a party other than the party intended by the Originator.

15.2 In the event there is amount due, owing, and payable by the Customer, the Bank may refuse withdrawals of or refuse to discharge any of the Customer’s Islamic Deposit Account, balances, funds and/or assets. The Bank is authorised to realise (whether at or before maturity) any of the Customer’s deposits and/or assets whatsoever held with the Bank until all monies due, owing, and payable to the Bank is fully settled by the Customer.

16. Exclusion of Liabilities

16.1 The Bank shall use all reasonable efforts to ensure the smooth operation of the Mobile Application. However, the Customer agrees and acknowledge that the Bank does not make any warranties or representations of any kind whatsoever with respect to the Mobile Application provided by the Bank whether express or implied. Subject to Clause 16.4 and to the maximum extent permitted by law, the Bank shall not be responsible or liable for any loss whatsoever howsoever arising whether in tort, contract or indemnity, in relation to the provision of Mobile Application, and the Banking Services whether suffered by the Customer or any other person with the exception of losses which is caused by error, omission, mistake, misrepresentation, fraudulent or negligent conduct of the Bank’s officers.

16.2 Without limiting the generality of Clause 16.1 above, the Bank shall not be liable for any loss caused by or arising from one or more of the following events or matters howsoever caused or incurred to the maximum extent permitted by law:-

(a) any intrusion, interference, or attack by any person, virus, trojan horse, worms, macros, malicious programs or other harmful components or deleterious programs or files;

(b) any loss, theft or unauthorised use of the Customer’s ATM PIN and/or Biometric;

(c) any of the Banking Services not being accessible, available or functioning;

(d) the corruption, destruction, alteration, loss of or error in the Customer’s any data or information in the course of transmission through the Mobile Application;

(e) any failure or delay caused by the Customer’s internet browser, operating system, personal computer, electronic or Mobile Device or other software, computer virus or related problems;

(f) any event, the occurrence of which is beyond the Bank’s reasonable control, including but not limited to fire, earthquake, flood, lightning, riots, strikes, lockouts, government action, war, disruption of electrical or power supply;

(g) any purported access to and use of Mobile Application, the Customer’s ATM PIN and/or Biometric as well as any other software or hardware provided by the Bank to the Customer, if any;

(h) any remote interception as a result of a malicious program stored in any telecommunications, computer, mobile or any other devices whether or not owned, operated or maintained by the Customer;

(i) any malfunction or breakdown in the software or hardware provided by the Bank to the Customer, if any;

(j) any malfunction, defect in and/or any breakdown, disruption or failure of any telecommunications, computer, terminal, server, mobile or other device or system whether or not owned, operated or maintained by the Customer, the Bank or any other person, including but not limited to the failure of any such equipment or system to accept, recognise or process any ATM PIN and/or Biometric or Instruction;

(k) any unauthorised access and/or use of the Mobile Application by any person, whether remotely performed or otherwise;
(l) any malfunction, breakdown, disruption and/or unavailability of Mobile Application, or any portion thereof, howsoever arising;

(m) any inaccuracy or incompleteness of information, data or Instructions given by the Customer in relation to any transactions or the performance of any transactions or otherwise in relation to the provision of any of the services;

(n) any delay in the delivery or non-delivery or any documents or materials, whatsoever, under this Terms and Conditions;

(o) the Customer’s failure, neglect or omission to maintain sufficient funds in the relevant Islamic Deposit Account to perform any of the Instructions;

(p) the Customer’s inability to perform any transactions due to limits set by the Bank from time to time;

(q) the Customer’s failure, neglect or omission to act in accordance with this Terms and Conditions and any other rules, regulations, policies and guidelines currently in force; or

(r) any loss which is caused by third parties.

16.3 There may be instances where inaccurate or incomplete information, fees and charges, or rate is inadvertently displayed despite the Bank’s reasonable efforts to ensure that such information on the Mobile Application are accurate and current. In the event such information is incorrect or incomplete, the Bank shall have the right, to refuse, avoid, nullify and/or cancel any Instructions placed and or any transaction effected under the Mobile Banking Account arising from or as a consequence of the inaccurate or incomplete information. To the maximum extent permitted by law, the Bank assumes no responsibility for any error or omission in the content of the said website, and expressly disclaims liability for any losses incurred due to such errors, inaccuracy misstatements or omissions.

16.4 So long as the Bank acts in good faith in acting upon or carrying out any Instructions, the Bank shall neither be responsible nor liable to the Customer in any respect for any indirect or consequential loss caused by or arising from the Bank’s execution or implementation of such Instructions or any matter arising there from

17. Intellectual Proprietary Rights

17.1 The Customer acknowledges that all intellectual proprietary rights (including without limitation title, pattern rights and copy rights) on the Mobile Application shall at all times vest and remain vested with the Bank.

18. General

18.1 The Customer hereby agrees that the Bank's record and any records of the Instructions, communications, operations, or transactions made or performed, processed or effected through the Bank's Mobile Application or any record of transaction relating to the Bank's Mobile Application shall be binding and conclusive evidence of the transaction and the Customer’s liability to the Bank.

18.2 The Customer will not be given access to the Mobile Application if there is restriction(s) on the Islamic Deposit Account either Imposed by the Bank or other relevant authorities.

19. Compliance with Other Laws

19.1 The use of the Mobile Application outside Malaysia and the Customer's use of the Mobile Application are subject to the following:

(a) the prevailing requirements on international and domestic transactions prescribed by the FSA 2013 and IFSA 2013, which is currently the FEN. The FEN is available at BNM’s website at https://www.bnm.gov.my;

(b) any fiscal or exchange control requirements in force for the time being in the country where the transaction is effected or requested; and

(c) the laws and regulations of Malaysia as well as the country where the transaction is effected or requested.

20. Suspension or Termination of Services

20.1 Subject to Clause 20.3 below, the Customer agrees and acknowledges that the Bank has the right to suspend, terminate or restrict the Customer access to the Mobile Application or any part thereof by giving twenty one (21) days prior notice to the Customer via a notification on the Mobile Application. For the avoidance of doubt, upon receiving such notice, the Customer shall make the necessary arrangement for all future and/or recurring transaction. The Bank shall not be held liable by the Customer or any third party for any losses or damages as a result of the suspension, termination and restriction by the Bank provided that such losses and damages are directly attributable by the Bank’s gross negligence, wilful default or fraud.

20.2 Notwithstanding Clause 20.1 above, the Bank may terminate, suspend or restrict the Customer’s access to the Mobile Application Account immediately upon giving notice, if:-

(a) the Customer ceases to maintain any Islamic Deposit Account with the Bank which can be accessed through the Mobile Application Account;

(b) the Customer breaches any term, conditions or provisions of this Terms and Conditions or any applicable laws, guidelines, rules, having the force of law laid down by any relevant legal, regulatory or other authority or body relevant;

(c) the Customer fails to pay any charges fees or charges or taxes when due;

(d) the Customer has provided the Bank with false or incomplete information for the Customer’s access to or use of the Mobile Application;

(e) the Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration;

(f) in the Bank’s opinion, it is in the public interest to do so;

(g) in the Bank’s opinion, it is required to facilitate investigation on matters pertaining to suspected fraudulent or unauthorized usage; or

(h) the Bank is notified and requested by any authority, including but not limited to BNM, the Royal Malaysia Police, the Government of Malaysia or any other statutory or governmental authorities to terminate, suspend or restrict the Customer’s access to the Mobile Application regardless of whether the relevant authorities have the legal or valid authority to request the Bank.

20.3 The Customer may terminate the Customer’s access to and use of the Mobile Application or any particular services at any time, by giving at least twenty-one (21) days prior written notice to the Bank. The notification will not be effective until the Bank has received the Customer’s notice, acknowledges it and proceeds to terminate the Customer access to and use of the Mobile Application or the relevant portions thereof.

20.4 The Customer agrees and acknowledges that this termination does not affect the Customer’s liability or obligations in respect of any Instructions received by the Bank prior to such termination that have been processed or is being processed by the Bank.

20.5 The Customer further agrees and acknowledges that where an Instruction has been received by the Bank prior to such termination but has not been processed, and the Customer’s access to the Mobile Application is terminated, the Customer shall neither hold the Bank responsible nor liable for any failure to process the said Instruction.

21. IFSA 2013 and BNM Regulatory Requirements

21.1 This terms and conditions shall be subject to the provisions of the IFSA 2013 and any other modifications or any directive from BNM or as may be directed or required by a regulatory body from time to time.

21.2 The Customer understands and acknowledges that pursuant to Section 146 of the IFSA 2013 (Permitted Disclosure), the Bank is legally permitted to disclose the Customer’s personal information relating to the Customer’s affairs, Islamic Deposit Accounts or conduct thereof (including the Customer’s credit standing) to third parties as approved by BNM to facilitate and/or enable the Bank and/or the related and associate companies within the KAF Group of Companies to perform its and/or their functions and the Customer hereby consents to and authorise the Bank to disclose the said information to any guarantor(s)/security parties, the Bank’s lawyers, debt collection agents, third parties and/or related and associate companies within the KAF Group of Companies to enable the Bank and/or the related and associate companies within the KAF Group of Companies to perform its and/or their functions. In doing so, the Customer agrees that the Bank shall be absolved from any responsibilities or liabilities whatsoever.

22. Indemnity

22.1 In addition and without prejudice to any other right or remedy of the Bank, whether under this Terms and Conditions or otherwise, the Customer agrees to indemnify and hold the Bank, its successors, assigns, and third parties, and each of each of the Bank’s directors, officers, employees and agents harmless from and against all loss, damages, claims, fines, penalties or expenses, including legal fees, arising howsoever from or in connection with any breach, default, omission, misrepresentation, negligence, misconduct, non-observance and/or non-performance of this Terms and Conditions by the Customer or on the part or of any other person for whose acts or omissions the Customer is vicariously liable, whether in tort, contract or otherwise.

23. Waiver

23.1 No failure or delay on the part of the Bank in exercising any rights or remedies under this Terms and Conditions at any time or for any period of time nor any knowledge or acquiescence by the Customer, or in, any breach of any provision of this Terms and Conditions shall operate as or be deemed to be a waiver thereof nor shall a waiver by that party of any breach constitute a continuing waiver in respect of any subsequent or continuing breach. A provision of right or remedy under this Terms and Conditions may not be waived except in writing signed by the Bank so waiving.

24. Severability

24.1 Any term, condition, stipulation, provision, covenant or undertaking (“Provision”, and any reference to Provision shall include any part thereof) contained in this Terms and Conditions which is illegal, invalid, or unenforceable shall, to the maximum extent possible, continue to apply with the necessary modification in order that the Provision is legal, valid and enforceable provision which most closely reflects the original Provision. Subject to the foregoing, any Provision which is illegal, invalid, or unenforceable shall be fully severable and ineffective to the extent of such illegality, invalidity or unenforceability without invalidating the remaining Provisions contained in this Terms and Conditions (which shall not be affected by the illegal, invalid or unenforceable Provision or by its severance).

25. Variations of Terms and Conditions

25.1 Subject to Shariah, the Bank shall have the right at any time to add, delete, amend or modify this Terms and Conditions, or any part thereof, from time to time. Such addition, deletion, amendment or modification shall be effective immediately upon notice to the Customer of twenty-one (21) days thereof, which may be given by means of, including, but not limited to, notification on the Mobile Application, or by electronic or conventional mail, or by any other means by which the Customer obtain notice thereof.

25.2 The Customer shall immediately notify the Bank in the event that the Customer is not agreeable to any such addition, deletion, amendment or modification, in which case the Bank shall be entitled to terminate this Terms and Conditions. Any use of the Mobile Application by the Customer after the issuance of such notice shall be deemed to constitute acceptance of this Terms and Conditions with such addition, deletion, amendment, or modification.

25.3 The Customer further agrees by continuing to maintain and operate the Customer’s Islamic Deposit Account after the effective date of the amendment(s) or variation(s), the Customer has accepted the amended Terms and Conditions and the same shall be binding and conclusive against the Customer.

25.4 The Bank shall have the right at any time to change or discontinue any aspect or feature of the Mobile Application.

25.5 The Customer agrees and acknowledges that if and where the changes or amendments made are necessitated by an immediate need to restore or maintain the security of a transaction of the Islamic Deposit Account and Debit Card-i, the Bank may proceed with making such changes and amendments without giving any notice to the Customer.

26. Successors Bound

26.1 This Terms and Conditions shall be binding upon the parties and their permitted legal assigns and successors in title and the Customer shall not be entitled to assign any of the Customer’s rights or obligations under this Terms and Conditions unless with the express prior written consent of the Bank.

27 Disputes and Enquiries

27.1 Should there be any enquiries or require any assistance, please refer to the Bank’s Contact Centre. For the avoidance of doubt, all telephone calls made to the Bank’s Contact Centre shall be logged by the Bank.

27.2 In the event that the Customer has any complaints and/or disputes arising from any unauthorised transaction, please refer the matter to the Bank and specifying the nature of the Customer’s complaint and/or dispute. The parties hereby agree to try to settle the matter amicably.

27.3 Subject to Clause 27.4, the Customer may be required to disclose to the Bank all relevant information relating to any report, query or complaint including but not limited to the Customer’s name, the numbers for the relevant Islamic Deposit Account and/or Debit Card-i and/or any other products offered by the Bank, a description of any such error, query or complaint, date of the disputed transaction or error, an explanation on why the Customer believes it to be an error or why the Customer requires more information and the amount(s) involved in the suspected error, disputed transaction, query or complaint, as maybe relevant. Notwithstanding this, the Customer shall not, at any time and under any circumstances whatsoever, disclose the ATM PIN to any of the Bank staff or representative.

27.4 Where any communication involves the Customer’s sensitive or confidential information whether in relation to the Islamic Deposit Account and/or the Debit Card-i and/or any other products offered by the Bank or any transactions made in relation thereto or otherwise, the Bank does not encourage the communication of any such information via the Mobile Application and the Customer agrees and acknowledges that should the Customer proceed with such mode of communication in relation to such information, the Customer shall undertake all inherent risks associated with such mode of communication and shall not, at any time whatsoever, hold the Bank responsible or liable for the security of such information or any loss suffered in relation thereto, with the exception of losses which is caused by error, omission, mistake, misrepresentation, fraudulent or gross negligent conduct of the Bank’s.

27.5 In the event that the Bank requests the Customer to make such report, complaint or query in writing to the Bank, the Customer shall do so within twenty (20) days. If no such written report, complaint or query is received by the Bank within the said period, the Bank will not be under any obligation to conduct any investigation and answer any such query or complaint.

27.6 Subject to Clause 27.7 below, the Bank shall endeavour to investigate the complaint, answer the query or inform the Customer the results of its investigation as soon as practicable or in any case within twenty (20) days of receipt of such report, query or complaint or where a subsequent written report, query or complaint is requested by the Bank pursuant to Clause 27.5, within twenty one (20) days of receipt of such subsequent written report, query or complaint.

27.7 If the Bank requires more time to conduct its investigation, the Bank shall extend the period stated in Clause 27.6 above to such reasonable period which shall as far as reasonably possible not exceeding twenty (20) days from the date of receipt of such report, query or complaint or where a subsequent written report, query or complaint is requested by the Bank pursuant to Clause 27.5, within twenty (20) days of receipt of such subsequent written report, query or complaint. If the Customer delays, obstructs and/or withholds vital information from the Bank, making or attempting to make false claims in respect of any transaction, publish false claims on traditional or social media, and/or lodge false police reports with respect to any transaction, the Bank reserves the right to commence legal proceedings against the Customer whenever the Bank deems necessary.

27.8 The Customer shall as far as possible co-operate and assist the Bank in the conduct of its investigations, including allowing the Bank and its investigation team to access the device(s) used for the disputed transaction such as the personal computers, laptops and/or Mobile Devices within twenty (20) days from the date the Customer reported the Customer query or complaint to the Bank’s Contact Centre.

27.9 Subject to the provisions of this Terms and Conditions, upon the completion of an investigation, the Bank shall make reasonable endeavours to correct any error promptly and to make the necessary adjustments to the Customer’s Islamic Deposit Account and/or Debit Card-i and/or any other products offered by the Bank and notify the Customer of such adjustments.

27.10 In any case, the Bank shall inform the Customer of the results of the investigation within twenty (20) days of the completion of the Bank's investigations in Clause 27.6 or 27.7, as the case may be.

27.11 Where the Customer is not satisfied with the outcome of the investigation or of the Customer complaint, the Customer may appeal against such outcome by referring such complaint to the FMOS.

28 Disclosure

28.1 The Customer agrees that:

(a) the Bank’s rights to the Customer’s personal data and disclosure will be in accordance with the Bank’s Privacy Notice;

(b) the Bank must use the Customer’s transactional information as is necessary to process payment(s);

(c) when the Customer uses bill payment facility to make payment(s), the Bank may disclose the Customer’s personal data to the Scheme Operator, Billers, Biller Banks and other Customer’s Banks;

(d) when the Customer uses DuitNow, the Bank will disclose, use and process the relevant DuitNow ID as is necessary for the relevant transaction;

(e) the Bank may disclose the Customer’s DuitNow ID, Common ID and other relevant personal data to the NAD operator for its processing, storing and archival and disclosure to the sender of funds under DuitNow, the Bank’s affiliates, service providers, and third parties offering DuitNow and their respective customers;

(f) other NAD participating banks may perform a NAD name enquiry of the Customer’s registered DuitNow ID for the purpose of verifying/identifying the Customer’s name, as part of facilitating the DuitNow service;

(g) the Bank may disclose the Customer’s DuitNow ID information where the Bank is under obligation under the law or where it is in the public’s interest, for example, to prevent or detect fraud and abuse;

(h) the Customer shall notify the Bank if any of the Customer’s personal data is inaccurate, changes and the Customer consents that the updated personal information is disclosed to all Participants in the Bill Payment Facility for the purpose of Clause 28.1(c) above as well as the parties set out under Clauses 28.1(d) and (e) above; and

(i) if the Customer’s personal data is not disclosed to the parties specified under Clauses 28.1(c) and (f) above, it will not be possible to process the Customer’s requested payment(s) nor would the Customer be able to use the Bill Payment Facility and/or DuitNow.

29. DuitNow

29.1 For matter relating to NAD and the use of DuitNow services, please refer to T&C DuitNow Services and T&C DuitNow NAD for the terms and services.

30. Privacy and Personal Data Protection

30.1 The Customer hereby agrees and consents to the holding, collection and use of all personal data provided to the Bank by the Customer or acquired by the Bank including but not limited to the Bank’s Mobile Application, as well as personal data that arises as a result of the provision of the service to the Customer in connection with the Mobile Application Account in accordance with the Privacy Notice of the Bank as may be amended from time to time.

32. Anti-Money Laundering, Counter Financing of Terrorism and Anti-Corruption

32.1 In order to comply with local or foreign law, regulations, voluntary codes, directives, judgments or court orders, and any authorities, regulators or enforcement agencies, policies, good practice, government sanctions or embargoes, reporting requirements under financial transactions legislation and demands or requests of any authority, regulator, tribunal, enforcement agencies, exchange bodies, the Bank may:

(a) be prohibited from entering or concluding transactions involving certain persons or Entities (e.g. person or Entity that is itself sanctioned or is connected to or dealing with (directly or indirectly) any person or Entity that is sanctioned under economic and trade sanctions imposed by any regulator in any jurisdiction;

(b) report suspicious transactions or potential breaches of sanctions to an authority in any jurisdiction to which the Bank may need or decide to disclose. Transactions impacted include those that may:

(i) involve the provision of finance to any person involved or suspected of involvement in terrorism or any terrorist act;

(ii) be relevant to investigation of an actual or attempted evasion of tax law, investigation of or prosecution of a person for an offence against any applicable law; or

(iii) involve persons or entities which may be the subject of sanctions;

(c) intercept and investigate any payment messages and other information or communications sent to or by the Customer or on behalf of the Customer and may delay, block or refuse to make any payment and payment screening may cause a delay in processing certain information;

(d) take any action the Bank believes to be necessary, which includes freezing of funds, preventing operation of the Islamic Deposit Account, refusing a request for funds from the Customer, not allowing the Customer to use a product, or delaying or cancelling a transaction. The Bank does not require to notify the Customer until a reasonable time after it is permitted to do so under those law or policies. The Bank will not be liable for any loss arising out of any action taken or any delay or failure by the Bank, in performing any of its duties or other obligations; and/or

(e) not to accept any deposit of any money or cheques and/or allow or carry out any other transaction including withdrawals of money in respect of Customer’s Islamic Deposit Account including but not limited to any transfers and telegraphic transfer of moneys from or to Customer’s Islamic Deposit Account if the Bank has a reason to believe or is made aware of by third parties or relevant authorities that the Customer’s Islamic Deposit Account is being used for or implicated in fraud, potential fraud, financial crimes, illegal activities, soliciting illegal financial investment schemes, money laundering or terrorism financing activities. The Bank too shall (subject to the extent permitted by law), reserves the right to close, freeze or otherwise deal with the Customer’s Islamic Deposit Account as necessary.

32.2 The Customer hereby undertakes that:

(a) the Customer shall ensure that no funds moving to and from the Islamic Deposit Account are proceeds of, or will be used for any unlawful activity in contravention of any in contravention of any anti-money laundering laws; and

(b) the Customer shall not:

(i) use the Islamic Deposit Account, directly or indirectly, for transactions involving any unlawful activity;

(ii) conceal or disguise the true nature of any unlawful activity; or

(iii) utilize any monies from the Islamic Deposit Account for any money laundering or other unlawful purpose.

33. Notices And Communication

33.1 Any change of information which include the Customer’s personal details, maximum daily cumulative limit on DuitNow QR, exposure or suspected exposure of the Security Codes, or any other changes that are not specified herein, the Customer shall notify the Bank by posting, publishing, or sending a notification on or through the Mobile Application. All communications sent by the Bank shall be accepted as duly delivered to the Customer if sent by addressed to or delivered to the Customer’s last known address registered with the Bank or through the Mobile Application. Any failure on the part of the Customer to notify the Bank of any change of address resulting in delay or the return of any E-Statement, correspondence, and/or notice shall not prejudice the Bank’s right or entitlement under this Terms and Conditions

33.2 All legal processes shall be accepted as duly delivered to the Customer if sent to the Customer by post to or left at the Customer’s address last registered with the Bank. If the Customer has more than one (1) Islamic Deposit Account with the Bank and the details are not the same, the Bank is entitled to use the latest and most recent details.

33.3 Subject to Shariah, the Bank reserves the right from time to time to levy or vary any fees and charges by giving twenty one (21) days of notice via displaying the new fees and charges on this Mobile Application.

34. Declaration

34.1 The Customer shall be required to complete the Bank’s prescribed Mobile Application form which shall then form part of this Terms and Conditions.

35. Survival

35.1 Any rights and obligations under this Terms and Conditions which are capable of having effect and which shall by their nature survive after the expiration or termination of this Terms and Conditions and shall remain in full force and effect following the expiration or termination of this Terms and Conditions.

36. Law and Jurisdiction

36.1 This Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and the courts of Malaysia shall have non-exclusive jurisdiction. Any dispute arising in respect of the Mobile Application and this Terms and Conditions, which cannot be resolved in the manner specified in Clause 27 above, shall be referred to the courts of Malaysia.

CUSTOMER’S ACCEPTANCE

I agree with the Terms & Conditions of the Mobile Application.