Confirmation for Acceptance of Terms and Conditions
Terms & Conditions of Access
The following terms and conditions apply to your access and use of this website in connection with services provided herein by Manulife Asset Management Services Berhad (hereinafter known as "MAMSB"). Your first use of this website and/or using its services constitute your agreement to and receipt of these terms and conditions without limitation and qualification. If you do not accept these terms and conditions, you will not be able to access and/or use any services provided in this website.
- All information and services herein provided are subject to the terms and conditions of the applicable agreements governing their use. These terms and conditions are meant to regulate your access to this website and they are to be read together with the applicable terms and conditions, if any. In the event of conflict between these terms and conditions and the terms and conditions governing any transaction(s) and/or service(s) provided herein, the latter will prevail.
- The information, material and services provided in the pages of this website may be changed from time to time with or without notice at MAMSB's absolute discretion. Your continued access or use of the website and/or services provided herein subsequent to any such change will be deemed as your acceptance to those changes.
- MAMSB does not make any express or implied warranties including but not limited to usefulness, completeness, correctness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the website, the material, information and/or functions therein and expressively disclaims liability for errors and omissions in such materials, information and/or functions. Without derogation of the above and/or the terms and conditions of this agreement, MAMSB will take reasonable measures to ensure the accuracy and validity of all information relating to this website and which originate exclusively from MAMSB.
- Further MAMSB does not warrant or represent that access to the whole or part(s) of this website, the materials, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted.
- You shall be responsible to evaluate the quality, adequacy, completeness, correctness and usefulness of all services, content and other information obtained or accessible through this website.
- This website is provided on an "as is" basis and you are deemed to assume total risk and responsibility for the access and/or use of this website.
Intellectual Property Rights
- All intellectual property rights existing and subsisting in this website and its contents which meaning shall include but not limited to any data, information, text, images and their arrangements, patents, copyright, registered design trade name, trade mark, service mark or other intellectual property rights including without limitation to the know how and confidential information are protected by applicable Malaysian and international intellectual property laws.
- MAMSB disclaims all liabilities which may arise directly or indirectly, wholly or partly from any unauthorised reproduction or use of the contents of this website.
- To the extent permitted by law, the operation of this clause shall survive the termination or lapse of this Agreement.
Security and Other Features
- You shall take all such measures as may be necessary (including but not limited to changing your password from time to time) to protect the secrecy of your username and/ or password and shall not reveal the same to any other person. You acquire no rights to any username except otherwise approved by MAMSB.
- In the event of any violations of these terms and conditions or any unauthorized access to your username and password, you shall notify MAMSB immediately and in any case not later than 12 hours after becoming aware of the same, or any other breach of security.
- You shall authorize MAMSB to rely and act on, and treat as fully authorized by and binding on you, any order instruction or communication pertaining to the order and/ or instruction given through this website (by whatever means transmitted and whether in writing or not) which purports to have been given and which is reasonably accepted by MAMSB in good faith as having been given by you or on your behalf by any person authorized by you, without further enquiry on the part of MAMSB as to the genuineness of the authority or identity of the person giving or purporting to give such instructions or request regardless of the circumstances prevailing at the time.
- You agree that you shall be responsible to MAMSB for all transactions indebtedness and/ or any obligations made or entered into your name whether in writing or orally, and howsoever communicated or purported to be given in the manner above. MAMSB shall not be liable for any loss damage cost and expense incurred by you as a result of MAMSB so acting. MAMSB shall have the discretion to refuse, accept or act on any of your instructions or requests without having to assign any reason to such refusal.
- You agree to ratify and confirm any and all acts and things done or caused to be done by MAMSB for and on your behalf or otherwise in relation to your transactions and/ or any of the services provided by MAMSB pursuant to these terms and conditions.
Exclusion of Liability
- MAMSB shall not be liable for any loss and/or damages howsoever arising directly or indirectly, wholly or partly whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this website (or any third party link to or from this website), reliance on the information contained in this website, any technical, hardware or software failure of any kind.
- To the extent permitted by law, the operation of the above clause shall survive the termination or lapse of this Agreement.
- You hereby irrevocably agree to indemnify and keep indemnified MAMSB
from all liabilities, claims, demands, actions, proceedings, losses and expenses,
including but not limited to any legal fees that may be incurred by MAMSB
in connection with or arising from:
- your use or misuse of this website and the services provided herein, or
- your breach of these terms and conditions howsoever occasioned, or
- any intellectual property right or proprietary right infringement claim made by a third party against MAMSB in connection with your use of this website.
Termination, Suspension or Restriction of Service
- MAMSB reserves the right to terminate and/or suspend or restrict your access to this website and/or your use of this website at any time, for any reason without having to disclose the reason. In particular, and without limitation, MAMSB may terminate and/or suspend or restrict your access should you violate any of these terms and conditions, or violate the rights of MAMSB, of any other user, or of any third party.
- MAMSB shall not be responsible for any non-performance of any of its obligation by reason of any cause beyond MAMSB's control, including but not limited to any act of force majeure any breakdown or failure of transmission communication or computer facilities, postal strikes, war, riot, civil commotion, terrorist attacks or any act of god fire, flood or explosion.
Law and Jurisdiction
- These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this website and/or using the services provided herein by Manulife Asset Management Services Berhad , you hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of this website.
- MAMSB makes no representation that the materials, information, functions and/or services provided on this website are appropriate or available for use in jurisdictions other than Malaysia.
Service of document and notices
- Any documents and notices served on you by MAMSB may be in writing and addressed to your address as stated in your portfolio or any other address as you may notify MAMSB in writing from time to time and shall be deemed to have been duly served and effective forty eight (48) hours after posting or, if sent by telex facsimile or by other electronic means, upon dispatch or, if served by hand, upon delivery.
- The failure or delay of MAMSB to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
- If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in force and effect.
- These terms and conditions are not exhaustive. MAMSB may at any time vary these terms and conditions at its own discretion.