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Online IB Registration - Terms and Conditions

PART A: TERMS AND CONDITIONS OF ACCESS AND USE OF WEBSITE
(Effective Date : 8 November 2019)

THE FOLLOWING ("TERMS AND CONDITIONS") APPLY TO THE ACCESS AND THE USE OF THE www.bankislam.biz WEBSITE ("Website") AND THE SERVICES PROVIDED HEREIN BY BANK ISLAM MALAYSIA BERHAD (“BANK ISLAM”). BY ACCESSING ANY PAGE OF THIS WEBSITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS TO THIS WEBSITE AND/OR USE OF THE SERVICES.


General

The information, materials, products, services, advice, data and communication ("Content") contained in this Website does not constitute an invitation to treat or offer to enter into legally binding contract with Bank Islam and is provided for general information only.

The Content described or offered on this Website are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Bank Islam to any restriction within such jurisdiction or country.

You are advised to seek independent legal, financial or other advice as you deem necessary at all times before making any decision based on any Content on this Website.

You shall be solely responsible in making your own assessment when accessing and using this Website, the Contents and services herein. Further by assessing and using the services under these Terms and Conditions shall be at your sole rights at all times.

Further thereto, Bank Islam also reserves the sole right and discretion to make any amendments to these Terms and Conditions from time to time. Bank Islam shall notify you of such amendments by notice, among others, displayed on this Website at least 21 days before the said amendments come into effect and after which, your continued access of this Website and/or use of the services herein subsequent to any such amendments made shall constitute your agreement and binding acceptance of the same.


The Terms and Conditions

The Terms and Conditions herein and all supplements, amendments and variations shall collectively constitute the agreement between you and Bank Islam, and shall apply to this Website and the services provided herein.

The Terms and Conditions operate in conjunction with the respective terms and conditions and rules and regulations governing the relevant Account(s), which you represent that you have read, understood and agreed to be bound by without qualification or limitation by use of this Website or any of its pages.


Disclaimers

References to information and material contained in the Website include such information and material may be provided by third parties. Bank Islam advises you to visit, telephone, e-mail, fax or write to such parties for more information or to confirm the information contained herein.

Bank Islam does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, correctness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the Website, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions. With derogation of the above and/or the Terms and Conditions of the applicable terms and conditions governing all the products and services of Bank Islam, reasonable measures will be taken by Bank Islam to ensure the accuracy and validity of all information relating to transactions and products of Bank Islam.

Bank Islam shall not be responsible or liable for any loss caused or damage incurred or suffered by you or any other person as a consequence of accessing this Website or using the services provided herein.

Further, Bank Islam does not warrant or represent that access to the whole or parts 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 or that no damage will occur to your computer, laptop, tablet, mobile device, or any other devices that are used to access the above.


Links

Throughout your access of this Website and use of the services herein, you will come across hyperlinks to third parties' websites, which are not under Bank Islam’s control, unless stated otherwise. These hyperlinks are provided for your reference only and do not represent in any way whatsoever Bank Islam’s endorsement or sanction of the same. Accordingly, Bank Islam shall not be responsible or liable for your access and use of the same or any information or materials available therein. Bank Islam shall also not be responsible for any form of transmission or communication between you and the said third parties or your participation or use of their information, materials, services or promotions. For this purpose, you agree to be solely responsible for the same or any portion thereof.


Your Conduct

You agree that the access of this Website and use of the services herein shall at all times be in accordance with all legislation, laws and regulations governing the same and you shall not, at any time whatsoever, attempt or assist any other person to transmit any Content through this Website or services herein, which is abusive, defamatory, infringes another person's rights, constitutes a criminal offence or gives rise to civil liability, encourages racism, promotes hatred, contains pornography or paedophilia, contains any viruses or deleterious files and/or is otherwise objectionable to public morals and decency involving any Shariah non-compliance event. You also agree not to hack or attempt to gain unauthorised access into this Website and the services herein, disrupt the security of its resources, provide information, which is inaccurate or false, and/or otherwise abuse and misuse this Website and the services herein. If at any time you discover or suspect the occurrence of any of these activities, you are required to notify Bank Islam immediately and in failing or delaying to do so, you may also be held liable for the same.

Bank Islam is not obliged to monitor or review your access of this Website or use of the services herein. However, Bank Islam may do so from time to time for Bank Islam’s own purposes or where Bank Islam is compelled to do so under these Terms and Conditions, without notice and without any liability whatsoever to you.


Confidential Information

You hereby confirm that you have read, understood and agreed to be bound by Bank Islam Privacy Notice (which is available at https://www.bankislam.biz) and the clauses herein and Terms and Conditions of Bank Islam Internet and Mobile Banking. For the avoidance of doubt, you agree that the said Privacy Notice shall be deemed to be incorporated by reference into these Terms and Conditions.

It is Bank Islam’s policy to respect the privacy of any information disclosed by you pursuant to your access of this Website and use of the services herein ("Confidential Information"). Accordingly, Bank Islam will neither edit nor disclose your Confidential Information unless Bank Islam is required to do so in accordance with any legislation, laws or regulations, to protect Bank Islam’s rights and property, enforce any provision in these Terms and Conditions, to provide you with the services herein, respond to any claim that the Content violates the rights of another person or as otherwise provided herein.

Notwithstanding the above, Bank Islam may from time to time disclose your Confidential Information (only in aggregate or demographic form) to relevant parties for their records. Further information on how Bank Islam values your privacy and strive to safeguard your Confidential Information in compliance with the laws of Malaysia is provided for in Bank Islam Privacy Statement.


Privacy Clause

In the event you provide personal and financial information relating to third parties, including information relating to your next-of-kin and dependents, for the purpose of opening or operating your account(s) / facility(ies) with Bank Islam or otherwise subscribing to Bank Islam’s products and services, you (a) confirm that you have obtained their consent or are otherwise entitled to provide this information to Bank Islam and for Bank Islam to use it in accordance with these Terms and Conditions and Terms and Conditions of Bank Islam Internet and Mobile Banking; (b) agree to ensure that the personal and financial information of the said third parties is accurate; (c) agree to update Bank Islam in writing in the event of any material change to the said personal and financial information; and (d) agree to Bank Islam’s right to terminate Bank Islam Internet and Mobile Banking should such consent be withdrawn by any of the said third parties.

Where you instruct Bank Islam to effect any sort of cross-border transaction (including to make or receive payments), the details relevant to the cross-border transaction (including information relating to those involved in the said transaction) may be received from or sent abroad, where it could be accessible (whether directly or indirectly) by overseas regulators and authorities in connection with their legitimate duties (e.g. the prevention of crime). In instructing Bank Islam and/or Bank Islam’s agents to enter into any cross-border transaction on your behalf, you agree to the above said disclosures on behalf of you and others involved in the said cross-border transaction.

Bank Islam may at any time and from time to time now and/or in the future carry out the necessary reference checks including but not limited to credit reporting/reference checks with credit reporting/reference agencies, including but not limited to CCRIS, FIS and/or any other agencies and/or from any financial institution to enable Bank Islam to ascertain your status as may be required to help make decisions, for example when Bank Islam needs to (a) check details on applications for credit and credit-related or other facilities; (b) manage credit and credit-related accounts or facilities, including conducting reviews of your portfolio(s); recover debts; and/or any purpose related to or in connection with the account/facility under these Terms and Conditions. You will be linked by credit reporting/reference agencies to any other names you use or have used, and any joint and several applicants. Bank Islam may also share information about you and how you manage your account(s) / facility(ies) with relevant credit reporting/reference agencies.

Even after you have provided Bank Islam with any information, you will have the option to withdraw the consent given earlier. In such instances, Bank Islam will have the right to not provide or discontinue the provision of any product, service, account(s) and/or facility(ies) that is/are linked with such information.

Bank Islam reserves the right to amend this privacy clause from time to time at Bank Islam’s sole discretion and shall provide prior notification to you in writing and place any such amendments on Bank Islam websites and/or by placing notices at the banking halls or at prominent locations within Bank Islam’s branches.

You further agree that Bank Islam shall not in any event be liable for any claim, loss, damage (financial and otherwise), injuries, embarrassments or liability howsoever arising whether in contract, tort, negligence, strict liability or any basis (including direct or indirect, special, incidental, consequential or punitive damages or loss of profits or savings) arising from any inaccuracy or loss, deletion or modification of data or for any other reasons whatsoever relating to any information forwarded by Bank Islam to such credit reporting/reference agencies and/or such other party, as the case may be, or in relation to any access or use, or the inability to access or use by such credit reporting/reference agencies and/or such other party or reliance on the information contained therein, whether caused by any technical, hardware or software failure of any kind, the interruption, error, omission, delay, viruses or otherwise howsoever.

This clause shall be without prejudice to any other clause in Terms and Conditions of Bank Islam Internet Banking and Mobile Banking which provides for the disclosure of information.


Copyright

Unless otherwise indicated, the copyright in this Website and its Contents, including but not limited to the text, images, graphics, sound files, video files, and their arrangement, are the property of Bank Islam, and are protected by applicable Malaysian and international copyright laws. No part or parts of this Website may be modified, copied, distributed, retransmitted, broadcasted, displayed, performed, reproduced, published, licensed, transferred, sold or commercially dealt with in any manner without the express prior written consent from Bank Islam.

You also may not, without Bank Islam's express prior written consent, insert a link to this Website on any other website, frame or “mirror" any material contained on this Website on any other server.

Any such unauthorised reproduction, retransmission or other copying or modification of any of the Contents of this Website may be in breach of statutory or common law rights which could be the subject of legal action. Bank Islam disclaims all liability which may arise from any unauthorised reproduction or use of the Contents of this Website.


Trademarks

All trademarks, service marks, and logos displayed in this Website are the property of Bank Islam and/or their respective third party proprietors as identified in the Website.

Unless the prior written consent of Bank Islam or the relevant third party proprietor of any of the trademarks, service marks or logos appearing on the Website has been obtained, no license or right is granted to any party accessing this Website to use, download, reproduce copy or modify such trademarks, services marks or logos. Similarly, unless the prior written consent of Bank Islam or the relevant proprietor has been obtained, no such trade mark, service mark or logo may be used as a link or to mark any link to this Website or any other site.


Exclusion

Bank Islam shall not be liable for any loss or damages howsoever arising 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 of profits or loss of savings arising in connection 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, opinions or recommendations contained in the Website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise, whether or not Bank Islam has been advised of the possibility of such damages or loss. This exclusion clause shall take effect to the fullest extent permitted by law.


Indemnity

You shall fully indemnify and keep indemnified Bank Islam officers, directors, employees, agents and servants from all liabilities, claims, losses and expenses, including any legal fees or disbursement that may be incurred by Bank Islam, whether directly or indirectly, at all times in connection with or arising from breach of any of the provisions under these Terms and Conditions.


Miscellaneous

Bank Islam reserves the right and at its sole discretion to modify (including limit, replace or delete) this Website, the services herein and the Content or any portion thereof as well as to terminate or restrict your access and/or use of the same at any time. Pursuant thereto, where Bank Islam believes that such modifications are substantial or materially affect your access and use of the same, Bank Islam shall notify you of such modifications by notice, among others, displayed on this Website at least 7 days before the said modifications come into effect, except where circumstances beyond Bank Islam’s control, limit, ability and efforts to do so.


Change of Terms and Conditions

Bank Islam reserves the right to vary, amend or supplement any of these Terms and Conditions by way of notice in such manner as deemed suitable by Bank Islam from time to time. Notwithstanding the same, you should be able to view the revised Terms and Conditions upon access to this Website and the use of the services thereafter shall constitute your acceptance to the variations, amendments or supplements.


Law and Jurisdiction

These Terms and Conditions are governed by and are to be construed in accordance with laws of Malaysia. By accessing this Website and/or using the services provided herein by Bank Islam, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of relating to the use of this Website.

Bank Islam makes no representation that the materials, information, functions and/or services provided on this Website are appropriate or available for use in jurisdiction other than Malaysia.

The maximum amount of a transaction and the purpose for which it is effected may be determined by Bank Negara Malaysia (BNM) and the laws and regulations of the country in which the transaction is effected or requested.



PART B: TERMS AND CONDITIONS OF BANK ISLAM INTERNET AND MOBILE BANKING
(Effective Date: 8 November 2019)

These Terms and Conditions shall govern your use of Bank Islam Internet and Mobile Banking (as hereinafter defined). They shall be read together with the Terms and Conditions of Bank Islam Debit Card and the relevant Account(s) (as hereinafter defined) which may be accessed by you through www.bankislam.com.my.

You are advised to read and understand the abovementioned Terms and Conditions before subscribing to any products or services and/or participating in any of Bank Islam’s campaigns and promotions.


Definitions

In these Terms and Conditions, unless the context requires otherwise, the following words and expressions shall have the following meaning:

Terms Definition
"Account (s)" One or more of your savings, current, credit card, financing, investment or any other accounts with Bank Islam which may be accessed through the Internet and Mobile Banking as may be determined by Bank Islam from time to time.
"Account terms and Conditions" The terms and conditions of the relevant Account(s) which may be accessed through www.bankislam.com.my.
“Affiliates” Any entity, company, corporation or institution which may offer products, services, content or information on Internet or Mobile Banking from time to time.
“ATM PIN” The six digit numeric Personal Identification Number for a Debit Card issued to you under your Account.
“Authentication” Any form to authenticate or verify your identity or Instructions as determined by Bank Islam including but not limited to:
    a)   Card Number;
    b)   ATM PIN;
    c)   Password;
    d)   Secure Code;
    e)   IAC;
    f)   User ID; and/or
    g)   Bank Islam Mobile Banking
"Bank Islam Mobile Banking” or “Mobile Banking" Mobile application which may be downloaded and installed by you via iOS or Android mobile devices to receive Secured Messaging (Inbox) and/or to perform selected Banking Services as determined by Bank Islam from time to time.
"Business Services" Facilities, products and services of Bank Islam that are made available to you on Bank Islam Internet or Mobile Banking.
“Card Number” The sixteen digit number of a Debit Card as assigned by Bank Islam in relation to your Account, as you may have or as may be opened by you, with Bank Islam.
"You", “Your”, “you” or “your" The person or persons whose name(s) in the Account(s) that is/are maintained with Bank Islam and each person who uses or is authorised to use User ID and Password or other means of access as may be established or approved by Bank Islam.
“Debit Card” Any Debit Card-i issued by Bank Islam to you providing electronic access to your current, savings and/or transactional investment account, and to allow you to effect any transactions subject to the Terms and Conditions of Bank Islam Debit Card-i.
“FAQ” The frequently asked questions that is available at https://www.bankislam.biz/.
“Fingerprint(s)” The fingerprint imprint(s) saved on your mobile device which supports fingerprint authentication function and may be used in place of your User ID to access Mobile Banking to perform Quick Balance or any other selected Banking Services as may be determined by Bank Islam from time to time.
“FPX” FPX facilitates you to make secure online real-time payments from your Account to FPX Sellers.
“FPX Sellers” A company / organization / government agency that has been registered and authorized to receive payment from you via FPX system.
“IAC” i-Access Code, an additional security authentication comprises a unique 6-digit code that is auto-generated together with Secure Code and delivered to your Registered Mobile Number once requested through the Internet or Mobile Banking.
“ID” Your identification document that you use to open an account with Bank Islam. For example: MyKad/NRIC, MyPR, Army/ Police ID, passport, etc.
“Instructions” Any request, application, authorisation or instructions in whatever form given or transmitted through Internet or Mobile Banking to Bank Islam by you or any other persons purporting to be you, whether authorised or unauthorised.
"Internet Banking" Online service where you may access the Banking Services using personal computers or any electronic devices through an internet browser. This service shall be subject to the Terms and Conditions herein contained.
“Instant Transfer” Real-time e-payment service which allows you to instantly and securely transfer funds from your Account to another account in another bank.
“Loss” Any and all losses, damages (financial and otherwise), injuries, embarrassments, costs, charges, taxes, duties, levies, penalties and/or expenses whatsoever, including legal fees on a full indemnity basis.
“Network Service Provider” Any internet service provider or commercial online service provider providing connection to the internet.
“Ombudsman for Financial Services” or “OFS" A dispute resolution body replacing Financial Mediation Bureau (FMB).
"Password" A unique string of characters (includes alphanumeric and selected symbols) chosen by you and known only to you and Bank Islam's computer system, constitutes the other part of your electronic signature, which must be keyed in by you in order for Internet or Mobile Banking system to authenticate your User ID and grant you access to the Internet or Mobile Banking.
“Private Image” An additional security measure to assist you in identifying the valid Bank Islam Internet Banking site or Mobile Banking app. The image is selected by you during the first-time login process and you may change it anytime upon successful login.
“Private Word” An additional security measure to assist you in identifying the valid Bank Islam Internet Banking site or Mobile Banking app. The word is entered by you during the first-time login process and you may change it anytime upon successful login.
"Push Notifications" Transaction authentication, post-transaction alert, security alert, system maintenance, promotion and other types of message that may be sent to your mobile device even if your mobile device is locked, on standby, or Mobile Banking is not running.
“Quick Balance” The account inquiry service on Mobile Banking that is accessible by you using your Fingerprint authentication (if your mobile device supports fingerprint authentication function).
“Registered Mobile Number” Your mobile number that you provide to Bank Islam during the opening of account, during your Internet and Mobile Banking registration process or as and when you update your mobile number at Bank Islam’s branch.
"Ringgit Malaysia" or "RM" The lawful currency of Malaysia.
“Secure Code” An additional security authentication comprises a unique 4-alphabet code that is auto-generated together with IAC by the system upon request by you and delivered to your registered mobile number. The 4-alphabet code sent to your registered mobile number must match against the 4-alphabet code appeared on transaction page.
“Secured Messaging (Inbox)” Alert and notification service made available on Mobile Banking.
“Security Questions and Answers” A set of questions and answers that is being used as an additional level of identity verification. The security questions and answers are set up by you during your Internet and Mobile Banking registration process and you may change it anytime upon successful login.
"Service Provider" Billing corporations approved by Bank Islam from time to time and displayed on the Internet and Mobile Banking bill payment screen.
"Third Party Accounts" An account to which you wish to make a fund transfer either within Bank Islam or outside Bank Islam.
"Terms and Conditions" These Terms and Conditions governing the use of the Internet and Mobile Banking.
“User ID” A unique name made up of a string of characters chosen by you, constitutes one part of your electronic signature hereunder and is the only means by which to allow Bank Islam to identify you, which must be keyed in by you in order for Internet and Mobile Banking system to associate your User ID with your user profile and Account(s).

Miscellaneous Interpretation

a) Words importing the singular shall include the plural and vice versa.

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

c) 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.

d) Any banking term not specifically defined or described herein 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 herein shall be construed in accordance with general practice and the custom of trade of computer companies and the information technology industry in Malaysia.

e) In the event of any conflict in the interpretation of these Terms and Conditions and any translation of the Terms and Conditions in any language, the English version of these Terms and Conditions shall prevail.

  1. 1. Application And Enrolment to the Internet and Mobile Banking
    1. 1.1 Subject to the terms and conditions herein, Internet and Mobile Banking is made available for the application and enrolment to you, which have one or more existing Accounts with Bank Islam.
    2. 1.2 Non-account holders may enroll for Internet and Mobile Banking only after physically opening an account with Bank Islam.
    3. 1.3 To enroll for Internet and Mobile Banking, you must be 18 years and above, and will be required to have a Debit Card.
    4. 1.4 Existing customers who do not own a Debit Card, must first apply for a Debit Card in relation to the existing Account with Bank Islam.
    5. 1.5 Any application to enroll for Internet and Mobile Banking and access thereto, will be subject at all times to Bank Islam's sole and absolute discretion and Bank Islam reserves the right to accept or reject an application, to deny your ability to access Internet and Mobile Banking, to limit your access or transactions or to revoke your access to Internet and Mobile Banking without being obliged to provide any reason of such rejection.
  2. 2. Account Terms and Conditions
    1. 2.1 Where there is any conflict or inconsistency between these Terms and Conditions and the relevant Account Terms and Conditions, these Terms and Conditions shall prevail to the extent of such conflict or inconsistency.
    2. 2.2 You agree to properly maintain and comply with the relevant Account Terms and Conditions and any other rules and/or regulations governing your Account(s).
  3. 3. Acceptance of Terms and Conditions
    1. 3.1 You acknowledge that the first time you apply to enroll for Internet and Mobile Banking Services, you shall be deemed to have read, understood and agreed to be bound by these Terms and Conditions and you further acknowledge and accept all inherent risks associated in conducting any transactions over the internet or such other electronic medium approved by Bank Islam.
    2. 3.2 You agree to abide by the terms and conditions herein contained for your access and use of Bank Islam's Internet and Mobile Banking.
  4. 4. Your Responsibility And Undertakings
    1. 4.1 You shall, at all times, be responsible for obtaining and using the necessary internet browser and/or any other hardware and/or software necessary including any new and recent versions thereof, which is necessary to obtain access to Internet or Mobile Banking at the your own risk and expense.
    2. 4.2 You shall be responsible for the maintenance of any account that you may have with a Network Service Provider for your access to Internet or Mobile Banking and you hereby agree, acknowledge and understand that such access will, to that extent, be subject to the terms and conditions of your Network Service Provider.
    3. 4.3 You agree and acknowledge that Bank Islam shall not be held liable for your inability to access Internet or Mobile Banking or any part thereof, the rejection of your transactions, the incorrect processing of your transactions as a result of your failure to maintain your account with the Network Service Provider or your failure to obtain or use the necessary internet browser and/or other hardware and/or software including but not limited to any failure to upgrade the relevant internet browser and/or software or to use the new and recent versions of the same as may be required by Bank Islam.
    4. 4.4 You agree to observe all security measures in relation to your Account(s) and the access to and use of Internet and Mobile Banking as specified in these Terms and Conditions and any other rules and regulations, policies or guidelines as may be in force in relation thereto.
    5. 4.5 You shall furnish Bank Islam with complete, accurate and timely data, information and Instructions in relation or in connection with any transactions and performance of any transactions made through Internet and Mobile Banking.
    6. 4.6 You shall not initiate any claims, actions or suits against Bank Islam, for any unauthorised use of Internet or Mobile Banking whether as a result of your Authentication being compromised or otherwise.
    7. 4.7 You shall not interfere with the access to and use of Internet or Mobile Banking or Banking Services by other customers and you shall not use Internet and Mobile Banking for any purpose other than conducting authorised transactions pertaining to your Account(s). You shall also not hack, attempt to hack or gain unauthorised access, whether directly or indirectly, into Internet and Mobile Banking, any other customer's account(s) and/or the Banking Services, for any purpose whatsoever.
    8. 4.8 You shall observe all reasonable propriety and etiquette in your communications with Bank Islam and shall not communicate any obscene or defamatory information to Bank Islam whether through Internet or Mobile Banking or otherwise.
    9. 4.9 You shall keep yourself self-informed and updated of Bank Islam’s relevant and applicable policies and practices and other terms applicable to your Account(s), the Banking Services and Internet and Mobile Banking as provided by Bank Islam to you.
    10. 4.10 You shall not download, install or use Internet and Mobile Banking on a jail-broken or rooted device. Unauthorised modifications to any tablets’ and mobile devices’ operating systems ("jail-breaking or rooting") bypasses security features and can cause numerous issues to the hacked devices. Bank Islam strongly cautions against downloading, installing or using Internet and Mobile Banking in any hacked tablets and mobile devices. Bank Islam expressly disclaims liability for any Losses you suffer (including losses due to unauthorized transactions) or costs you incur due to, arising from or as a consequence of such jail-broken or rooted tablets and mobile devices, hardware or software and shall not be liable for any Losses or any other consequences of any tablets, mobile devices, hardware or software you use in connection with Internet or Mobile Banking or the Banking Services is damaged, corrupted or fails to work.
    11. 4.11 You shall at all times ensure that Internet and Mobile Banking shall be used solely in compliance with the Shariah principles.
  5. 5. Access to the Internet and Mobile Banking
    1. 5.1 Your use of Internet and Mobile Banking shall be subject to Clause 6 and 11 of these Terms and Conditions herein and/or any other time specified by Bank Islam. Your acceptance and agreement and continued acceptance and agreement of the provision of the Terms and Conditions herein contained shall constitute your acceptance of the risks in conducting any transaction over Internet and Mobile Banking.
    2. 5.2 Registration:
      1. Registering using Debit Card – you will be required to accept the Terms and Conditions herein. Upon acceptance, you are required to enter Card Number and ATM PIN. Upon acceptance of the correct information, you will be required to create User ID and Password, enter email address and Registered Mobile Number, select Private Image, enter Private Word, and set up Security Questions and Answers. Once successful, your access to Internet Banking will be deemed to have been activated and you can then proceed to login using your User ID and Password.
    3. 5.3 You agree that Bank Islam has the right to invalidate your User ID and Password without being obliged to offer to you any explanation or any reason thereof prior notice and that you shall not hold Bank Islam liable for any Loss or damage which you may suffer as a result of such invalidation of your User ID and Password.
    4. 5.4 Self-reset Password and re-registration:
      1. 5.4.1 If you forget your Password, you can reset your Password by accessing https://www.bankislam.biz/ and clicking on forget password link.
        1. a) You shall enter User ID, Card Number and ATM PIN.
        2. b) Upon successful validation of the information in Clause 5.4.1(a) herein, you shall create a Password
        3. c) Upon successful Password creation, you shall be notified on successful change of Password and advised to login.
      2. 5.4.2 If you forget your User ID, please call Bank Islam Contact Center to delete your User ID. Then you shall access https://www.bankislam.biz/ and click “First Time User”. You shall refer to Clause 5.2 above for registration.
  6. 6. Internet Banking
    1. 6.1 Subsequent to your successful registration as per Clause 5.2 above, to access Internet Banking, each time you will need to key in User ID and Password, and verify Private Image and Private Word rendered on the screen, subject to the Terms and Conditions contained herein.
    2. 6.2 Subsequent to your successful registration as per Clause 5.2 above and subject to your maintenance of the relevant Account(s) with Bank Islam, you will be able to access the Banking Services as Bank Islam and/or any other third party may, make available to you on Internet Banking from time to time.
  7. 7. Mobile Banking
    1. 7.1 First time setup of and subsequent login to Mobile Banking will be as follows:
      1. 7.1.1 After you have downloaded and installed Mobile Banking, you shall agree to and be bound by all the Terms and Conditions herein.
      2. 7.1.2 Next, you shall key in the following information and system will perform verification:
        1. a) Your User ID and Password; At the same time you will also need to verify your Private Image and Private Word,
        2. b) Your ID no,
        3. c) Your IAC.
      3. 7.1.3 Upon successful verification of Clause 7.1.2 above, you may activate Fingerprint authentication for Quick Balance (only available to selected supported mobile devices and this Fingerprint authentication is optional).
      4. 7.1.4 After completion of the above, you have completed first time setup for your Mobile Banking and will receive alerts and notifications that are accessible via Secured Messaging (Inbox) module of Mobile Banking.
      5. 7.1.5 Subsequently, you may login to Mobile Banking by using your Fingerprint (if enabled) or Password in place of your User ID to access the Banking Services (as Bank Islam and/or any other third party may make available to you on Mobile Banking from time to time).
      6. 7.1.6 You are only allowed to setup Mobile Banking on one (1) mobile device for one (1) User ID at any time. If you wish to setup your User ID on another mobile device, you shall de-register your User ID on the current or previous mobile device.
    2. 7.2 You may be required to authorise Instructions via Mobile Banking (Transaction Signing), for Banking Services that Bank Islam deems as necessary. You shall be notified in writing or in any manner deemed applicable by Bank Islam.
  8. 8. Tabung Haji (“TH”) Services
    1. 8.1 If you wish to have access to use TH services for a TH account on Internet Banking, you shall link the TH account with your Debit Card. If you wish to stop having access to use TH services for the TH account on Internet Banking, you shall delink the TH account with your Debit Card. Linking and delinking a TH account with your Debit Card are subject to the Terms and Conditions of Bank Islam Debit Card-i.
    2. 8.2 The use of TH services on Internet Banking is subject to the Terms and Conditions contained herein. You shall refer to www.bankislam.com.my for the full list of available TH services on Internet Banking.
  9. 9. Skim Simpanan Pendidikan Nasional (“SSPN-i”) Services
    1. 9.1 If you wish to have access to use SSPN-i services for a SSPN-i account on Internet Banking, you shall link the SSPN-i account with your Debit Card. If you wish to stop having access to use SSPN-i services for the SSPN-i account on Internet Banking, you shall delink the SSPN-i account with your Debit Card. Linking and delinking a SSPN-i account with your Debit Card are subject to the Terms and Conditions of Bank Islam Debit Card-i.
    2. 9.2 The use of SSPN-i services on Internet Banking is subject to the Terms and Conditions contained herein. You shall refer to www.bankislam.com.my for the full list of available SSPN-i services on Internet Banking.
  10. 10. Instructions and Authorisations
    1. 10.1 You shall, at all times, be responsible for all Instructions transmitted to Bank Islam via your Authentication regardless of whether they were made by you or someone purporting to be you and you hereby agree and acknowledge that Bank Islam would be entitled to rely on and treat any Instructions made, submitted or effected pursuant to the use and entry of your Authentication as having been made, submitted and effected by you and accordingly, Bank Islam shall not be responsible or liable for any Losses which you may suffer, whether directly or indirectly, as a result of the same.
    2. 10.2 All Instructions transmitted to and/or received by Bank Islam through your Authentication shall be deemed as regular and genuine Instructions made by you. For the avoidance of doubt, Bank Islam is under no obligation to verify the said Instructions with you to determine its authenticity but Bank Islam may, at its sole right and discretion, do so for its own purposes.
    3. 10.3 Subject to Clause 10.6 herein, all Instructions transmitted via your Authentication shall be irrevocable and binding on you upon transmission.
    4. 10.4 You hereby authorise Bank Islam to accept and act upon any Instructions made by you in respect of Internet and Mobile Banking including but not limited to payment(s), transfer(s) or to otherwise deal with your Account(s) without any further verification. Further, you agree and acknowledge that subject to Bank Islam having received notification from you pursuant to Clause 31.5 herein, Bank Islam will be deemed to have been duly authorised by you to accept and act upon Instructions to Bank Islam made via your Authentication whether or not such Instructions were in fact made by you or any other person(s) purporting to be you.
    5. 10.5 Subject to Clause 10.6 herein, if you discover or have reason to believe that the Instructions transmitted to or received by Bank Islam are neither accurate nor complete, you shall inform Bank Islam immediately via telephone at its Contact Centre at 03-2690 0900. For the avoidance of doubt, all telephone calls made to Bank Islam's Call Centre shall be logged by Bank Islam.
    6. 10.6 Bank Islam shall not be obliged to act on any request to cancel, revoke, reverse or amend any Instructions for payment or transfer or any other Instructions after it has been transmitted by you to Bank Islam. Bank Islam, however, may at its sole discretion, cancel, revoke, reverse or amend an earlier instruction if your request to cancel, revoke, reverse or amend the same is received and effected before the earlier Instruction is executed. With such act by Bank Islam, Bank Islam reserves the right to charge you accordingly.
    7. 10.7 Notwithstanding to the contrary herein, Bank Islam reserves the right to refuse to carry out any Instructions given by you for any reason, including without limitation, where such Instructions are in violation of any of the Terms and Conditions herein contained or are inconsistent with any of Bank Islam’s policies, Shariah principles or contradicting the Shariah principles or any regulatory requirements or other rules and regulations as may be in effect from time to time.
    8. 10.8 Subject to Clause 19.6 herein, in the event that Bank Islam 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, Bank Islam shall be allowed such time to act upon and implement any Instructions as may be reasonable having regards to the systems and operations of Bank Islam and any other circumstances then prevailing and accordingly, Bank Islam shall not be responsible or liable for any Loss arising from any delay on the part of Bank Islam in acting upon and/or carrying out any such Instructions.
    9. 10.9 Where any instruction is ambiguous and/or inconsistent with any other Instructions, Bank Islam shall be entitled to rely and act upon such instruction in accordance with any evidence recorded by system or refuse to act until Bank Islam receives a fresh instruction(s) in such form and manner as required by Bank Islam.
    10. 10.10 All Instructions given and transactions effected or made by you on any day after the time stipulated by Bank Islam at the latest time by which such Instructions or transactions should be effected or made may, at the election of Bank Islam, be treated as Instructions or transactions given, effected or made on the next Business Day immediately following that day.
    11. 10.11 You shall be solely responsible for the security and care of the device used to generate and/or receive the Authentication. Bank Islam shall not be responsible for any fraudulent or unauthorized transactions arising from the Loss or compromise of the Authentication or any other device used to generate and/or receive Authentication. Any Loss, theft, remote takeover or interception of Authentication, and/or any other device used to generate and/or receive Authentication, including your mobile telecommunication device, must be promptly notified to Bank Islam or Bank Islam Contact Centre as specified in Clause 31.1 herein and subject to Clause 17 herein, you shall remain responsible for any unauthorized transactions which took place as a result of Loss or theft whatsoever related hereto.
  11. 11. Availability of Service
    1. 11.1 Internet and Mobile Banking are intended to be available 24 hours a day, 7 days a week. However, you acknowledge that at certain times some or all of Internet or Mobile Banking may not be accessible due to system maintenance or reasons beyond the control of Bank Islam. Notwithstanding the above, you acknowledge that Bank Islam specifically does not warrant that Internet and Mobile Banking will be available at all times.
    2. 11.2 In the event that any or all of the Internet or Mobile Banking are not accessible for whatever reason, you agree to use alternative means, including but not limited to Bank Islam's Automated Teller Machine or a Bank Islam branch, to issue Instructions in respect of the Internet or Mobile Banking.
  12. 12. Availability of Funds
    1. 12.1 You agree and accept that Bank Islam reserves the right to impose such limits and conditions to all the transactions performed by you through Internet or Mobile Banking, as Bank Islam deems fit from time to time. You further agree and accept that your transactions are limited to such maximum daily limit that may imposed by Bank Islam from time to time. You shall ensure that the limit shall be observed.
    2. 12.2 In the event that your account is overdrawn for any reason whatsoever including the exercise by Bank Islam of its right of set-off or as a result of Bank Islam executing your Instructions, you shall, on demand, pay to Bank Islam the amount of moneys overdrawn and until such payment, you shall abstain from performing any other transaction in your account through Bank Islam or otherwise.
  13. 13. Updating of Your Particulars
    1. You shall promptly notify Bank Islam in writing or by such other means as Bank Islam deems acceptable of any changes or variations in your personal particulars and Bank Islam shall be entitled to assume that there have been no changes or variations until Bank Islam has received notice thereof given by you. Provision of such particulars during the registration process on Internet Banking does not deem automated updating of your personal particulars.
  14. 14. Account Information
    1. 14.1 Bank Islam does not warrant the accuracy of any information pertaining to your Account(s) as reported through Internet or Mobile Banking.
    2. 14.2 You acknowledge that any information pertaining to your Account(s), Third Party Account(s) or transactions as reported through Internet and Mobile Banking 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 Bank Islam, require verification of Bank Islam or are in progress. You specifically agree that the account balance as reported through Internet and Mobile Banking shall not, for any purpose whatsoever, be taken as conclusive of your Account balance with Bank Islam.
    3. 14.3 Bank Islam will issue you such Statements of Account as agreed in the relevant Account Terms and Conditions. A Statement of Account will include Internet and Mobile Banking transactions carried out on your instruction which are relevant to your Account(s).
      Where Bank Islam sends or delivers to you Statement of Account, you shall verify each and every Statement of Account as per relevant account product terms and conditions.
    4. 14.4 E-Statement Service
      1. 14.4.1. The e-Statement service allows you to view, save and print the e-Statement in PDF format or such other format as may be made available by Bank Islam from time to time, subject to the Terms and Conditions herein.
      2. 14.4.2. E-Statement is an electronic version of the paper statement mailed or otherwise provided to you by Bank Islam that is made available via Internet Banking in a form either identical in full or in part, to the paper version of the said statements (as applicable).
      3. 14.4.3. Notwithstanding Clause 14.4.2 above, you acknowledge that Bank Islam will not provide e-Statements in the form of account statements to you if you are not previously entitled to the paper statements of the same under the applicable rules of the said Account, although e-Statements may still be provided in relation to the said Account, at Bank Islam’s discretion.
      4. 14.4.4. E-Statement is only available for the following account types:
        1. a) Savings account
        2. b) Current account
        3. c) Transactional investment
        4. d) Credit card
  15. 15. Transfers and Payments
    1. 15.1 You agree and acknowledge that Transfers and Payments are not final upon receipt of your Instructions.
    2. 15.2 Bank Islam may, at its sole right and discretion, request for any additional verification and/or information prior to the execution of any Transfer or Payment Instructions. For the avoidance of doubt, Bank Islam shall not be responsible nor liable for any Loss which you may suffer, whether directly or indirectly, as a result of Bank Islam's failure, neglect, omission or otherwise option not to request for such additional verification and/or information.
    3. 15.3 You acknowledge that Bank Islam may specify limits on the number of transactions you may make using Bank Islam's Transfer and Payment services and the amounts to be transferred or paid under the same.
    4. 15.4 Bank Islam will endeavour to execute any transfer and payment Instructions promptly in accordance with your Instructions subject always to the Payments and Transfers being made on a Business day before the time stipulated by Bank Islam.
    5. 15.5 Bank Islam shall not be liable for any Transfers or Payments or any failure to complete or execute a Transfer or Payment instruction where:-
      1. 15.5.1 You have an insufficient balance in your Account(s) or insufficient overdraft line of credit to transfer or pay the relevant amount(s) or to transfer or pay for any fees, taxes, duties, levies, penalty charges, and/or profit charges that may be imposed by Bank Islam from time to time for the use of Internet and/or Mobile Banking and/or any of its Banking Services;
      2. 15.5.2 Your relevant 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;
      3. 15.5.3 The Service Provider(s) or beneficiary bank do/does not process your Transfer or Payment promptly and/or correctly;
      4. 15.5.4 You have provided Bank Islam 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) or Service Provider(s) to which such monies are to be transferred or paid to; or the status of the beneficiary account is invalid and/or is covered under Clause 15.5.2 herein;
      5. 15.5.5 There is an error in the information or Instructions given by you, during the course of transmission through Internet or Mobile Banking;
      6. 15.5.6 You fail, neglect, omit or otherwise choose not to follow the latest or current instruction, procedures and directions for using Internet or Mobile Banking or the particular Banking Services offered thereunder; or
      7. 15.5.7 Bank Islam 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.
    6. 15.6 Where it is found that you have insufficient funds or an insufficient credit limit for the transactions, you acknowledge that Bank Islam may, at its sole right and discretion and without notice, reserve the transaction or offset the shortage with funds from any other Account(s) you may have with Bank Islam.
    7. 15.7 You may cancel the Transfer or Payment service pursuant to Clause 24 herein. Any unprocessed Transfers or Payments will be cancelled on the Business day your cancellation request is received. If you close any relevant Account pertaining to any such Transfers or Payments, any unprocessed Transfers or Payments scheduled from that Account or to be paid into that Account will also be cancelled on the day that Account is closed.
    8. 15.8 In making payment under Bill Presentment service, you;
      1. 15.8.1 expressly consent to the relevant Biller providing or making available to Bank Islam the Bill(s) and the details and information therein;
      2. 15.8.2 expressly consent to Bank Islam’s utilization of the details and information of the Bill(s) in the provision of the Bill Presentment service and to the same being accessible by Bank Islam and its Affiliates and sub-contractors who are involved in the provision of the Bill Presentment service;
      3. 15.8.3 undertake that you have all necessary rights and consents to access and view the Bill(s) and all details therein and where applicable make payment in relation thereto;
      4. 15.8.4 undertake that you have all necessary rights and authorisations to provide the consents stipulated in Clause 15.8.1 and 15.8.2 above.
      5. 15.8.5 Under Bill Presentment service, you acknowledge that any Bill viewing and/or payments made by you based on the Bill Presentment will be made under Bank Islam Internet or Mobile Banking and subject to the Terms and Conditions herein.
  16. 16. Secured Messaging(Inbox)
    1. You agree and acknowledge that Bank Islam may fix a limit as to the number of messages you may receive or store in or through the Secured Messaging (Inbox) at any time.
  17. 17. Your Responsibilities for Security
    1. To prevent unauthorised access and to ensure only you can access and using the services, you should adhere to the following security procedures at all times:
      1. 17.1 You agree and acknowledge that you shall at all times keep your Authentication secure, and shall not share or disclose your Authentication to any person whatsoever, including any officers of Bank Islam.
      2. 17.2 You shall, at all times, observe all security measures as may be prescribed by Bank Islam in relation to your Authentication and further, you shall take all reasonable precautions necessary to ensure that no other persons have or will be granted access to your Authentication and such precautions may include, among others, immediately memorising the Authentication and destroying any envelope or document on which it is stated (if any), not retaining the Authentication in any form except in memory, not leaving the computer or any devices unattended whilst accessing Internet or Mobile Banking and ensuring that others do not see you entering of your Authentication upon access to Internet or Mobile Banking as well as ensuring you properly log off from Internet or Mobile Banking upon completion of your use thereto.
      3. 17.3 You agree that you shall, at all times, be responsible for all access and/or use of Internet and Mobile Banking made via your Authentication whether it was in fact made by you or by any other person(s) purporting to be you.
      4. 17.4 If you discover or have reasonable grounds to believe that your Authentication has been compromised in any way and/or you have received any statement, data or information which indicates that an unauthorised transaction has taken place or is otherwise not intended for you, you shall immediately notify Bank Islam or Bank Islam Contact Centre as specified in Clause 31.1 and/or in accordance with such terms, conditions and/or procedures as may be stipulated by Bank Islam from time to time. For the avoidance of doubt, all telephone calls made to Bank Islam's Contact Centre shall be logged by Bank Islam
      5. 17.5 Subject to Clause 17.7 below, until Bank Islam receives and logs such notification under Clause 17.4 above, you shall be liable for all such transactions, which are conducted through Internet and Mobile Banking, whether or not the same were conducted or authorised by you. For the avoidance of doubt, you shall be liable for all such transactions conducted through Internet and Mobile Banking up to the point of time notification is made and logged pursuant to Clause 17.4 above, or otherwise, up to the point of time notification is supposed to be made, which for the avoidance of doubt, is immediately upon you discovering or having reasonable grounds to believe that your Authentication has been compromised in any way and/or you have received any statement, data or information which indicates that an unauthorised transaction has taken place or is otherwise not intended for you. Where such notification is delayed for any reason, you shall, in addition to being liable for all transactions conducted up to the above referred point in time, be liable for the actual Loss which occurred after the said point in time, until the actual notification made by you are received and logged by Bank Islam subject to Clause 17.8 below.
      6. 17.6 Upon Bank Islam's receipt of your notification made pursuant to Clause 17.4 above, you agree and acknowledge that Bank Islam may, at its sole right and discretion, suspend your access to Internet and Mobile Banking until your new Authentication (as the case may be) is issued or applied for and/or such reported/unreported discrepancies are resolved by Bank Islam.
      7. 17.7 Notwithstanding anything contained herein and for the avoidance of doubt, where the unauthorised use of your Authentication is due to your actions, fraud, disclosure, abuse or misuse, which are deliberate, you shall be liable for such use even if a notification is made pursuant to Clause 17.4 above.
      8. 17.8 Further and notwithstanding Clause 17.5 above, where you have contributed to a Loss resulting from an unauthorised transaction by delaying notification under Clause 17.4 above, you shall, subject to Clause 17.7, be liable for the actual Loss which occurred during the period of such delay, except for:-
        1. 17.8.1 That portion of the Loss incurred on any one day which exceeds the daily transaction limit applicable to the relevant Account; or
        2. 17.8.2 That portion of the total Loss incurred which exceeds the amount of funds standing in your Account.
      9. 17.9 In addition, you are responsible for your own personal computer’s, mobile’s or electronic device’s anti-virus and security measures to prevent unauthorised access to your transactions and Account(s) via Internet and Mobile Banking. You shall comply with any other security rules prescribed by Bank Islam from time to time whether in the website, under any other terms and conditions with Bank Islam, or otherwise notified to you by Bank Islam in any way.
      10. 17.10 You shall be fully responsible to:
        1. 17.10.1 Log in to the correct URL for Internet Banking;
        2. 17.10.2 Download and install the correct Mobile Banking app.
      11. 17.11 By enabling Fingerprint authentication to access Mobile Banking, you agree and acknowledge that:
        1. 17.11.1 The Fingerprint(s) registered on your mobile device will be used to access Mobile Banking.
        2. 17.11.2 The authentication is performed by Mobile Banking by interfacing with the fingerprint authentication module on your mobile device and that you agree to the authentication process. You understand that the fingerprint authentication module of your mobile device is not provided by Bank Islam and Bank Islam makes no representation or warranty as to the security of the fingerprint authentication function of any mobile device and whether it works in the way that the manufacturer of the mobile device represents.
        3. 17.11.3 Bank Islam does not represent or warrant that the Fingerprint login will be accessible at all times or that it will function with any electronic equipment, software, infrastructure or other electronic banking services whatsoever that Bank Islam may offer from time to time.
        4. 17.11.4 You shall take necessary precautions to safeguard your mobile device and must not save any other Fingerprint(s) except your own on your mobile device. You understand that upon the successful registration and enablement of fingerprint authentication on Mobile Banking, any fingerprint imprint that is stored on your mobile device can be used to access your Mobile Banking and may be used to authorise logins and transactions through Mobile Banking and the Banking Services.
        5. 17.11.5 Bank Islam shall not be liable for your loss you incur or incurred in connection with the use or attempted use of the Fingerprint login, or your Instructions, or any unauthorised transactions through or in connection to the use of Fingerprint to access Mobile Banking and the Banking Services herein, unless any law prohibits Bank Islam from or excluding or limiting Bank Islam’s liability. You shall indemnify Bank Islam from all losses and damages whatsoever which Bank Islam may suffer in connection with any improper use of your Fingerprint on Mobile Banking and the Banking Services.
      12. 17.12 You are also responsible to verify the Private Image and the Private Word rendered on the screen. You shall only proceed to key-in your Password if the Private Image and the Private Word are the same as your selected Private Image and Private Word. If the rendered Private Image and Private Word are not the same or not available, you shall not proceed and immediately notify Bank Islam via Bank Islam Contact Centre specified in Clause 31.1.
      13. 17.13 You shall be responsible not to utilise:
        1. 17.13.1 Internet Banking through internet cafes or any public places offering internet services and you shall log off from Internet Banking before leaving the computer terminal.
        2. 17.13.2 Mobile Banking through public Wi-Fi or hotspot and you shall log off from Mobile Banking before leaving Mobile Banking.
      14. 17.14 You shall also be responsible to immediately call Bank Islam Contact Center as specified in Clause 31.1 herein if your computer, laptop or device used to access Internet and Mobile Banking is loss of missing.
      15. 17.15 You are also advised to periodically check your account(s) balances at appropriate length of time subsequent to the transaction performed and to let Bank Islam knows of any irregularity or errors. Should there be any unauthorised transactions or unauthorised access suspected, you must immediately call Bank Islam’s Contact Center as specified in Clause 31.1 herein.
      16. 17.16 You are also advised to read and understand the FAQ before attempting to use Internet and Mobile Banking, and not to carry out any Instructions or utilize Internet and Mobile Banking in the presence of any other person.
  18. 18. Your Confidentiality
    1. 18.1 You hereby acknowledge the strict requirement of confidentiality and obligations imposed upon Bank Islam under the Islamic Financial Services Act 2013 and undertake not to do or cause to be done any act or omission which may cause Bank Islam to breach its strict duty of confidentiality and obligations as aforesaid. The obligations on you herein shall survive the termination and/or expiry of the Terms and Conditions herein.
    2. 18.2 You undertake to observe all security measures prescribed by Bank Islam concerning your Authentication or generally in respect of the use of Internet and Mobile Banking.
    3. 18.3 Should you receive any data and information through Bank Islam Internet or Mobile Banking which is not intended for you, you shall immediately notify Bank Islam via Bank Islam Contact Centre as specified in Clause 31.1 herein and in any case not later than 12 hours thereof.
  19. 19. Exclusion of Liabilities
    1. 19.1 Bank Islam shall use all reasonable efforts to ensure the operation and provision of Internet and Mobile Banking, and the Banking Services. However, you agree and acknowledge that Bank Islam does not make any warranties or representations of any kind whatsoever with respect to Internet and Mobile Banking, and the Banking Services provided by Bank Islam, and/or its subsidiaries, affiliates and business partners whether express or implied and subject to Clause 19.6, shall not be responsible or liable for any Loss whatsoever howsoever arising whether in tort, contract or indemnity, in relation to the provision of Internet and Mobile Banking, and the Banking Services whether suffered by you or any other person with the exception of Losses which, subject to Clause 10.8, are caused by the fraudulent or gross negligent conduct of Bank Islam’s officers.
    2. 19.2 Without limiting the generality of Clause 19.1 above, Bank Islam shall not be liable for any Loss caused by or arising from one or more of the following events or matters howsoever caused or incurring:-
      1. 19.2.1 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 you, Bank Islam or any other person, including but not limited to the failure of any such equipment or system to accept, recognise or process any Authentication or Instruction;
      2. 19.2.2 Any malfunction, breakdown, disruption and/or unavailability of Internet and Mobile Banking,or any portion thereof, howsoever arising;
      3. 19.2.3 Any of the Banking Services not being accessible, available or functioning;
      4. 19.2.4 Any failure or delay caused by your internet browser, operating system, personal computer, electronic or mobile device or other software, computer virus or related problems;
      5. 19.2.5 The corruption, destruction, alteration, loss of or error in your Instructions or any data or information in the course of transmission through Internet or Mobile Banking;
      6. 19.2.6 Any intrusion, interference or attack by any person, virus, trojan horse, worms, macros, malicious programs or other harmful components or deleterious programs or files;
      7. 19.2.7 Any use of Internet or Mobile Banking on a jail-broken or rooted device as set out in Clause 4.10 above;
      8. 19.2.8 Any loss, theft or unauthorised use of your Authentication;
      9. 19.2.9 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 you;
      10. 19.2.10 Any purported access to and use of Internet and/or Mobile Banking, and/or the Banking Service(s), your Authentication as well as any other software or hardware provided by Bank Islam to you, if any;
      11. 19.2.11 Any malfunction or breakdown in the software or hardware provided by Bank Islam to you, if any;
      12. 19.2.12 Any unauthorised access and/or use of Internet and Mobile Banking, and the Banking Services by any person, whether remotely performed or otherwise;
      13. 19.2.13 Any prohibition, suspension, delay or restriction of your access to Internet or Mobile Banking by the laws and regulations of any country from which you access Internet or Mobile Banking;
      14. 19.2.14 Any prohibition, suspension, delay or restriction of your access to Internet or Mobile Banking caused by, relating to or in connection with your Network Service Provider;
      15. 19.2.15 Any inaccuracy or incompleteness of information, data or Instructions given by you in relation to any transactions or the performance of any transactions or otherwise in relation to the provision of any of the Banking Services;
      16. 19.2.16 Your failure, neglect or omission to maintain sufficient funds in the relevant Account(s) to perform any of your Instructions;
      17. 19.2.17 Your inability to perform any transactions due to limits set by Bank Islam from time to time;
      18. 19.2.18 Your failure, neglect or omission to act in accordance with these Terms and Conditions and any other rules, regulations, policies and guidelines currently in force;
      19. 19.2.19 Any delay in the delivery or non-delivery or any documents or materials, whatsoever, under these Terms and Conditions;
      20. 19.2.20 Any event, the occurrence of which is beyond Bank Islam’s reasonable control, including but not limited to fire, earthquake, flood, lightning, riots, strikes, lockouts, government action, war, disruption of electrical or power supply; or
      21. 19.2.21 Any Loss which is caused by third parties.
    3. 19.3 While Bank Islam shall make reasonable efforts to ensure that the product information, Fees and Charges, and rates on Bank Islam website are accurate and current, there may be instances where inaccurate or incomplete information, Fees and Charges, or rate is inadvertently displayed. In the event such information, Fees and Charges, or rate is incorrect or incomplete, Bank Islam shall have the right at its sole and absolute discretion, to refuse, avoid, nullify and/or cancel any Instructions placed and or any transaction effected under the Account, Banking Services and any other transactions effected due to, arising from or as a consequence of the inaccurate or incomplete information. Bank Islam 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.
    4. 19.4 So long as Bank Islam acts in good faith in acting upon or carrying out any Instructions, Bank Islam shall neither be responsible nor liable to you in any respect for any Loss caused by or arising from Bank Islam’s execution or implementation of such Instructions or any matter arising therefrom.
    5. 19.5 Without prejudice to the generality of the foregoing and notwithstanding any provision to the contrary in these Terms and Conditions or in any other terms and conditions between Bank Islam and you, Bank Islam shall not in any event be responsible or liable to you for any indirect or consequential Loss, or for punitive damages, whether arising from any breach of Bank Islam’s obligations to you or otherwise.
    6. 19.6 Where Bank Islam:
      1. 19.6.1 fails to observe the procedures on complaints and investigation as set out in Clause 31; and
      2. 19.6.2 such failure:
        1. a) is caused by the fraudulent or gross negligent conduct of Bank Islam’s officers; and
        2. b) prejudiced the outcome of the complaint or resulted in delay in its resolution,
      Bank Islam may, subject to Clauses 17.5, 17.7 and 17.8 herein, be liable to you up to the full amount of the particular transaction which is the subject of complaint.
  20. 20. Proprietary Rights
    1. You acknowledge that all proprietary rights (including without limitation title, pattern rights and copy rights) in Internet and Mobile Banking shall at all times vest and remain vested with Bank Islam.
  21. 21. Fees and Charges
    1. 21.1 You shall pay any fees, commission and charges (“Fees and Charges”), all levies and taxes including service tax (“Taxes” which expression includes any penalties payable thereunder) in respect of such Banking Services under or otherwise howsoever relating to your Account. You shall pay to Bank Islam all fees, commissions and any other relevant charges at such rates and in such manner as Bank Islam may impose and/or stipulate from time to time with respect Internet and Mobile Banking and/or any of the Banking Services provided thereunder.
    2. 21.2 Bank Islam may inform you of:-
      1. 21.2.1 Such Fees and Charges and/or any variations thereof by giving twenty one (21) days prior notice in writing or in any manner deemed applicable by Bank Islam.
      2. 21.2.2 Such taxes (including service tax) in any manner deemed applicable by Bank Islam.
      Should you disagree with the imposition of such Fees and Charges or Taxes and/or variations thereof, you shall cease to use Internet or Mobile Banking or the particular Banking Services to which such Fees and Charges or Taxes relate to. Your continued use and access of Internet or Mobile Banking or the particular Banking Services to which such Fees & Charges, Taxes and/or variations relate to these Terms and Conditions shall be deemed as your agreement and binding acceptance of the same.
    3. 21.3 You agree and acknowledge that Bank Islam reserves the right to debit your relevant Account for the payment of any Fees and Charges or Taxes and/or penalties imposed pursuant to these 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 Internet and Mobile Banking and the Banking Services provided thereunder.
    4. 21.4 You agree and acknowledge that all fees, charges, taxes and duties including but not limited to telephone and telecommunication charges, relating to your access and connection to Internet or Mobile Banking including any Fees and Charges imposed by any Network Service Provider shall be borne solely by you, and shall neither be responsible nor liable in relation thereto. You may refer to www.bankislam.com.my for full fee and charges.
  22. 22. International Use
    1. 22.1 The use of Internet or Mobile Banking outside of Malaysia is subject to the Foreign Exchange Administration Rules of Bank Negara Malaysia or any fiscal or exchange control requirements operating in the country where the transaction is effected or requested; and the laws and regulations of Malaysia and the country where the transaction is effected or requested.
    2. 22.2 The maximum amount of transaction and the purpose for which it is effected may be determined by Bank Negara Malaysia and the laws and regulations of the country in which the transaction is effected or requested.
    3. 22.3 You hereby agree that you are using Internet and Mobile Banking at own initiative and are responsible for your compliance with local laws.
  23. 23. General
    1. 23.1 You hereby agree that Bank Islam's record and any records of the Instructions, communications, operations or transactions made or performed, processed or effected through Bank Islam's Internet and Mobile Banking by you or a person purporting to be you with or without your consent or any record of transaction relating to the operation of any of Bank Islam's Internet and Mobile Banking shall be binding and conclusive evidence of the transaction and your liability to Bank Islam.
    2. 23.2 You agree that Bank Islam has the sole and absolute right to require you to maintain a minimum balance at any one time in your Account(s). Your failure to maintain such minimum balance as required by Bank Islam could, at Bank Islam's discretion, result in a penalty being imposed against you or lead to a suspension or termination of the Internet and Mobile Banking.
    3. 23.3 Any Instructions transmitted by you after the relevant cut-off time on any day will be posted in the books and records of Bank Islam on or for the next business day following the date of Instruction.
    4. 23.4 You shall not be entitled to use the Internet and Mobile Banking, if there exists any restrictions whatsoever on your Account(s) either imposed by Bank Islam or by the relevant authorities.
  24. 24. Termination of Services
    1. 24.1 Subject to Clause 24.3, you agree and acknowledge that Bank Islam reserves the sole right and discretion to suspend, terminate or restrict your access to Internet or Mobile Banking or any part thereof for any reason, by giving seven (7) days prior notice to you and without any liability whatsoever to you or any other third party for doing so.
    2. 24.2 Notwithstanding the generality of Clause 24.1 herein, Bank Islam may terminate, suspend or restrict your access to Internet and Mobile Banking immediately upon giving notice, if:-
      1. 24.2.1 You cease to maintain any Account(s) with Bank Islam which can be accessed via Internet and Mobile Banking;
      2. 24.2.2 You breach any term, condition or provision of these Terms and Conditions or laid down by any legal, regulatory or other authority or body relevant hereto;
      3. 24.2.3 You fail to pay any charges Fees or Charges or Taxes when due;
      4. 24.2.4 You have provided Bank Islam with false or incomplete information for your access to or use of Internet or Mobile Banking;
      5. 24.2.5 You become, threaten or resolve to become or is in jeopardy of becoming subject to any form of insolvency administration;
      6. 24.2.6 In Bank Islam’s opinion, it is in the public interest to do so;
      7. 24.2.7 In Bank Islam’s opinion, it is required to facilitate investigation on matters pertaining to suspected fraudulent or unauthorized usage; or
      8. 24.2.8 Bank Islam is notified and requested by any authority, including but not limited to Bank Negara Malaysia, the Royal Malaysia Police, the Government of Malaysia or any other statutory or governmental authorities (“the relevant authorities”) to terminate, suspend or restrict your access to Internet and Mobile Banking regardless of whether the relevant authorities have the legal or valid authority to request Bank Islam.
    3. 24.3 You may terminate your access to and use of Internet or Mobile Banking or any particular Banking Services at any time, by giving at least seven (7) days prior written notice to Bank Islam. The notification will not be effective until Bank Islam has received your notice, acknowledges it and proceeds to terminate your access to and use of Internet or Mobile Banking or the relevant portions thereof.
    4. 24.4 You agree and acknowledge that termination does not affect your liability or obligations in respect of Instructions received by Bank Islam prior to such termination that have been processed or are being processed by Bank Islam.
    5. 24.5 You further agree and acknowledge that where an Instruction was received by Bank Islam prior to such termination herein but has not been processed, and your access to Internet and Mobile Banking are thereafter terminated, you shall neither hold Bank Islam responsible nor liable for any failure to process the said Instruction.
    6. 24.6 Any rights and obligations under these Terms and Conditions shall survive the termination of these Terms and Conditions, shall continue to be in full force and effect thereafter.
  25. 25. Indemnity
    1. 25.1 In addition and without prejudice to any other right or remedy of Bank Islam, whether under these Terms and Conditions or otherwise, you shall indemnify and hold Bank Islam harmless at all times from and against any and all Loss suffered or incurred by Bank Islam as a result of any of the following:-
      1. 25.1.1 Any failure by you to comply with any of the Terms and Conditions herein contained; and/or
      2. 25.1.2 Bank Islam acting in accordance with any Instructions or in any manner pursuant to these Terms and Conditions.
    2. 25.2 You agree and acknowledge that your obligation to indemnify Bank Islam herein shall survive the termination of these Terms and Conditions, Internet or Mobile Banking.
    3. 25.3 You shall indemnify and hold Bank Islam harmless at all times from and against any and all Fees and Charges or Taxes payable by you pursuant to these Terms and Conditions and you irrevocably authorise Bank Islam to debit any of your Accounts for the payment of such Fees and Charges or Taxes.
  26. 26. Waiver
    1. The failure or delay on the part of Bank Islam in exercising any right, power, privilege or remedy under these Terms and Conditions upon any default on your part shall not impair any such right, power, privilege or remedy or be construed as a waiver thereof or any acquiescence in such default. No waiver shall be valid unless made in writing by Bank Islam. Any waiver by Bank Islam shall not operate as a waiver of any subsequent default by you.
  27. 27. Severability
    1. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and these Terms and Conditions shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof and the remaining provision shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance here from.
  28. 28. Variations of Terms and Conditions
    1. 28.1 Bank Islam reserves the right to add, amend, delete or vary any of these terms and conditions by way of notice as deemed suitable by Bank Islam from time to time but Bank Islam will, subject to Clause 28.5 herein, give at least twenty one (21) days notice of any such additional or amended terms and conditions.
    2. 28.2 Such notice may be provided to you either in writing addressed to the last address given by you to Bank Islam or in the form of a notice displayed at Bank Islam’s branches or in the form of a notice displayed on the screen when accessing Internet and Mobile Banking or in such other manner as may be prescribed by Bank Islam from time to time.
    3. 28.3 Notwithstanding the same, you should be able to view the revised Terms and Conditions upon access to Internet and Mobile Banking.
    4. 28.4 If you continue to use Internet or Mobile Banking after the effective date of any additional or amended terms and conditions, or where no effective date is specified, after a period of twenty one (21) days upon your receipt of such notice, whether actual or deemed in accordance with Clause 32.1 herein, then you shall be deemed to have accepted such additional or amended terms and conditions and agreed to be bound by them.
    5. 28.5 You agree and acknowledge that where the changes or amendments made are necessitated by an immediate need to restore or maintain the security of a transaction of your Account, Bank Islam may proceed with making such changes and amendments without notice to you.
  29. 29. Successors Bound
    1. The Terms and Conditions herein shall be binding upon the heirs personal representatives executors and successors in title or you and on the successors in title, assigns of Bank Islam or of any company by which the business of Bank Islam may from the time be carried on, and you shall not be entitled to assign any of your rights or obligations under the Terms and Conditions herein unless with the express prior written consent of Bank Islam.
  30. 30. Evidence
    1. 30.1 You agree and acknowledge not to dispute the validity, accuracy or authenticity of any evidence of your Instructions and/or communications transmitted between Bank Islam and you, including but not limited to any evidence in the form of Bank Islam’s computer records which may take the form of, among others, telephone logs, transaction logs, magnetic tapes, cartridges, computer printouts of any communication and any other form of information and data storage, all of which having been produced by Bank Islam’s computers in the course of your ordinary use.
    2. 30.2 Pursuant to Clause 30.1 herein, you further agree and acknowledge that it shall refer and at all times, treat all of the said computer records of Bank Islam therein as conclusive evidence of your Instructions and/or communications received or sent by Bank Islam.
    3. 30.3 Notwithstanding anything contained in these Terms and Conditions, you agree and acknowledge that all your said Instructions and/or communications which are sent to Bank Islam and meet the operating standards and requirements of Bank Islam shall be deemed to be as good as, and given the same effect as, written and/or signed documentary communications.
  31. 31. Dispute and Enquiries
    1. 31.1 Should there be any enquiries or require any assistance, please refer to Bank Islam Contact Center at +603 2690 0900 or email at contactcenter@bankislam.com.my. For the avoidance of doubt, all telephone calls made to Bank Islam Contact Centre shall be logged by Bank Islam. In addition, you are advised to read Bank Islam’s Privacy Statement and Client Charter in www.bankislam.biz.
    2. 31.2 In the event that you have any complaints and/or disputes arising from Internet and Mobile Banking and these Terms and Conditions, please refer the matter to Bank Islam at the address stated in Clause 32.2 below and specifying the nature of your complaint and/or dispute. The parties hereby agree to try to settle the matter amicably.
    3. 31.3 Subject to Clause 31.4 herein, you may be required to disclose to Bank Islam all relevant information relating to any report, query or complaint including but not limited to your name, the relevant Account(s) number(s), a description of any such error, query or complaint, date of the disputed transaction or error, an explanation on why you believe it to be an error or why you require more information and the amount(s) involved in the suspected error, disputed transaction, query or complaint, as maybe relevant. Notwithstanding this, you shall not, at any time and under any circumstances whatsoever, disclose your Authentication to any of Bank Islam staff or representative.
    4. 31.4 Where any communication involves your sensitive or confidential information whether in relation to your Account(s) or any transactions made in relation thereto or otherwise, Bank Islam does not encourage the communication of any such information via electronic-mail ("e-mail") and you agree and acknowledge that should you proceed with such mode of communication in relation to such information, you shall undertake all inherent risks associated with such mode of communication and shall not, at any time whatsoever, hold Bank Islam responsible or liable for the security of such information or any Loss suffered in relation thereto.
    5. 31.5 In the event that Bank Islam requests you to make such report, complaint or query in writing to Bank Islam, you shall do so within seven (7) days thereafter. If no such written report, complaint or query is received by Bank Islam within the said period, Bank Islam will not be under an obligation to conduct any investigation and answer any such query or complaint.
    6. 31.6 Subject to Clause 31.7 herein, Bank Islam shall endeavour to investigate the complaint, answer the query or inform you of the results of its investigation as soon as practicable or in any case within fourteen (14) days of receipt of such report, query or complaint or where a subsequent written report, query or complaint is requested by Bank Islam pursuant to Clause 31.5, within fourteen (14) days of receipt of such subsequent written report, query or complaint.
    7. 31.7 If Bank Islam requires more time to conduct its investigation, Bank Islam shall extend the period stated in Clause 31.6 above to such reasonable period as it deems necessary in its sole discretion which shall as far as reasonably possible not exceeding thirty (30) days from the date of receipt of such report, query or complaint or where a subsequent written report, query or complaint is requested by Bank Islam pursuant to Clause 31.5 herein, within thirty (30) days of receipt of such subsequent written report, query or complaint.
    8. 31.8 You shall as far as possible co-operate and assist Bank Islam in the conduct of its investigations, including allowing Bank Islam and its investigation team to access the device(s) used for the disputed transaction such as the personal computers, laptops, tablets, mobile devices within five (5) Business Days from the date you reported your query or complaint to Bank Islam Contact Centre as stated in Clause 31.1 herein.
    9. 31.9 Subject to the provisions of these Terms and Conditions, upon the completion of an investigation, Bank Islam shall make reasonable endeavours to correct any error promptly and to make the necessary adjustments to your Account(s) and notify you of the adjustments made pursuant thereto.
    10. 31.10 In any case, Bank Islam shall inform you of the results of the investigation within twenty one (21) days of the completion of Bank Islam's investigations in Clause 31.6 or 31.7 herein, as the case may be.
    11. 31.11 Henceforth, subject to Clause 19 herein, Bank Islam, as the case may be, assures total reimbursement to you in the event you suffer monetary losses due to direct loss from your Account arising from your use of Internet and Mobile Banking and the Banking Services provided always the Losses were due to Bank Islam’s system malfunctioning wherein such malfunctioning will be subject to confirmation by Bank Islam, however, Bank Islam will not be responsible for any Loss due to your Authentication being stolen as it is your first and foremost responsibility to keep your information safe at all times.
    12. 31.12 Where you are not satisfied with the outcome of the investigation or of your complaint, you may appeal against such outcome by referring such complaint to the Ombudsman for Financial Services.
  32. 32. Notices
    1. 32.1 You hereby consents to all notices and other communications which concern the Internet or Mobile Banking or are required under these Terms and Conditions or may be given by Bank Islam in any on one of the following manners:-
      1. 32.1.1 By ordinary post to your last known address in Bank Islam's records and such notification shall be deemed received two (2) days after posting.
      2. 32.1.2 By electronic mail to your last known e-mail address in Bank Islam's records and such notification shall be deemed received twenty four (24) hours after sending.
      3. 32.1.3 By being displayed in Bank Islam premises and such notification shall be deemed effective upon such display.
      4. 32.1.4 By way of advertisement made once in any national newspaper and such notification shall be deemed effective on the date of publication of the advertisement in any such newspaper.
      5. 32.1.5 By inserting a notice in Bank Islam's Statement of Account to you and such notification shall be deemed effective two (2) days after the date of posting of the notice contained in the Statement of Account to you.
      6. 32.1.6 Broadcasting a message on Bank Islam Internet Banking website or Mobile Banking app.
      7. 32.1.7 If notified to you in any other manner as Bank Islam deems fit.
    2. 32.2 All notices to Bank Islam concerning the Internet and Mobile Banking and these Terms and Conditions shall be in writing, signed by you and sent to Bank Islam at the following address or in such other way as Bank Islam may notify you from time to time:

      Bank Islam Malaysia Berhad
      eChannels Department, Operations
      18th Floor, Menara Bank Islam
      No 22 Jalan Perak
      50450 Kuala Lumpur
      Telephone: +603 2690 0900
      Fax: +603 2781 1337
      email: contactcenter@bankislam.com.my
  33. 33. Law and Jurisdiction
    1. These Terms and Conditions shall be governed by and construed in accordance with the Laws of Malaysia. Any dispute arising in respect of the Internet and Mobile Banking and these Terms and Conditions, which cannot be resolved in the manner specified in Clause 31 above, shall be referred to the Courts of Malaysia situated in Kuala Lumpur.
I have read and understood the above Terms and Conditions. I fully and unconditionally understand and acknowledge that by registering and using the service. I indicate my acceptance and agreement, (which indication shall be equivalent to me appending my signature to a paper based agreement), to be bound by the above Terms and Conditions.