1. This Platform Use Agreement applies to your access and the services provided by Kenanga Investment Bank Berhad through the Kenanga Digital Investing Platform (“KDI Platform”) by Kenanga Investment Bank Berhad (“us”). By accessing or using the KDI Platform, you are taken to have agreed to the terms and conditions under this KDI Platform Use Agreement.
2. This KDI Platform Use Agreement may be updated by us at its sole and absolute discretion from time to time by posting the updated version of the same without prior separate notification to you. You should check the KDI Platform Use Agreement each time you access the KDI Platform to check for updates. Your continued use of the KDI Platform shall be deemed as your acceptance of any changes, amendments and/or variations. We further reserve the right to change, suspend or discontinue any aspect of the KDI Platform without prior notice to you.
Terms and Conditions of Use
3. The KDI Platform and access by you is on a non-exclusive and non-transferable basis. Therefore, you are fully responsible for your access. Do not disclose any information to prevent unauthorized access. Sharing of access is strictly prohibited at any point in time.
4. This KDI Platform is provided on an “as-is” basis and we do not warrant that the Service will meet a certain standard, be free from error, delay, omission or failure or be suitable for your purpose, or that any data provided through the KDI Platform will be accurate and/or complete.
5. You agree not to transmit to the KDI Platform any materials which could reasonably be held to constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of any country or other competent authority, or infringe the rights of any third party enforceable in any part of the world.
6. You shall also be bound by the full terms and conditions of the usage of the KDI Platform and access which we will provide to the users through this KDI Platform. The continue usage of the KDI Platform shall imply that you agree and accept the terms and conditions therein. From time to time, we may change the content, presentation, performance, facilities or availability of any part of the KDI Platform.
7. We reserve the right to remove any materials from the KDI Platform, where it reasonably suspects that such materials are prohibited by these Terms and Conditions or are otherwise inappropriate.
8. For your convenience and information, the KDI Platform may provide links to other sites operated and controlled by third parties (“External Websites”). We shall not be responsible for the availability of these external resources or their contents, and shall not be liable for any information or services which may appear on such External Websites. The content on such External Websites will not have been developed, checked for accuracy, or otherwise reviewed by us. Any hyperlinks to any External Websites are provided only as a matter of convenience to you and shall not be deemed as an endorsement or verification of such websites and such External Websites should be accessed at the user’s own risk. You should also be aware at all times that the terms and conditions appearing on each and every External Website and the External Website’s privacy policies may differ from those applicable to your use of the Website. We are not a party to any contractual arrangements entered into between you and the provider of the External Websites unless otherwise expressly specified or agreed to by us in writing.
9. We make no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.
10. You hereby duly agree and accept that under no circumstances will you hold us liable for any loss or damage caused as a result of your access to the External Websites. We shall also not be responsible for any damages or losses caused as a result of the following:-
a. The use of or reliance on any content, goods or services available on the External Website;
b. Any delays, defects or omissions that may exist in the service;
c. Any information or other content provided in such External Websites, whether actual, alleged, consequential or punitive; any
11. You are solely responsible for the activities when accessing and using the KDI Platform, your username and password. You shall use all reasonable means to secure usernames and passwords and shall promptly notify us if you suspect that your username and password has been compromised. The KDI Platform account may only be accessed and used by you. You acknowledge that use of the KDI Platform by any person other than yourself may constitute a material breach of this Agreement.
12. We will treat all your instructions or order as genuine and carry them out, even if given without your authorisation.
13. You must notify us immediately if you become aware of or have reasonable suspicion that there is any breach of security, loss, theft or unauthorised use of your account.
14. You shall not introduce into the KDI Platform any content, materials or code which contains any virus, Trojan horse, work, time bomb, cancelbot or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal data. You undertake not to back into, disrupt, disable, burden or otherwise interfere with the accessibility or impair the proper function of the KDI Platform, the services which we may provide to you pursuant to any agreement or the systems, which shall include, without limitation, spoof attacks, backing, sniffing, tampering, denial-of-service attacks, reverse engineering or reprogramming.
15. You shall indemnify us from any loss and damages suffered by us arising from or in connection with your use of the KDI Platform herein, including but not limited to your failure to secure your own user ID and password.
16. We will try to provide accurate and timely information. However, there may be inadvertent delays, omissions, inaccuracies caused by data entry or technical errors. Please do not rely solely on the information provided and make your own assessment and inquiries in respect of the accuracy and completeness of the information provided. We do not warrant the accuracy or completeness of the information, graphics or other items provided within the KDI Platform.
17. We and our licensors disclaim to the fullest extent permitted by applicable laws all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, up-to-dateness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, we do not warrant that our services, functions contained in or access to the KDI Platform, or other content will be timely, uninterrupted or error-free without omission, that defects will be corrected, or that the KDI Platform or its contents are free of infection by computer viruses and/or other harmful or corrupting code, programme, macro and such other unauthorised software, or that the download, installation or use of any System or content of the KDI Platform in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the KDI Platform.
18. We are not liable to you for any loss or damages, including loss of profit or business revenue, reputation, goodwill, business, use, anticipated savings, loss or corruption of data or any costs, damages or claims (whether direct or indirect), or any indirect or consequential loss or damage suffered or incurred by you arising out of use of the KDI Platform or any Data, including without limitation, in connection with any fault, error, interruption, delay, omission or failure of the Data.
19. The information provided on the KDI Platform is 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 laws or regulations or which would subject us to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in the KDI Platform constitutes a solicitation or offer by us to buy or sell any securities, funds or other financial instruments or provide any investment advice or service whatsoever and the KDI Platform cannot under any circumstances be relied upon for investment dealings of whatever nature. You are advised to obtain separate independent professional advice before making any decision to trade/invest in securities or invest in any financial instruments.
20. Whilst every care has been taken in preparing the information and materials, the information on the KDI Platform is provided on an “as is” basis without any warranty or indemnity of any kind either expressly or implied, including but not limited to any implied warranties or indemnities or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms, warranties and indemnities are hereby excluded.
21. We will not be held responsible for any loss or damage that could result from interception by any third parties of any information made available to you via the KDI Platform. Although the information provided to you on the KDI Platform is obtained or compiled from sources we believe to be reliable, We cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither we, nor any of our directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you may incur in the event of any failure or interruption of the KDI Platform, or resulting from the act or omission of any other party involved in making the KDI Platform or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the KDI Platform or the materials or information therein, whether or not the circumstances giving rise to such cause may have been within the control of the KDI Platform or of any vendor providing software or services support.
22. In no event will we or any such parties be liable to you for any other damages of any direct, special, indirect, consequential, incidental damages or any other damages of any kind even we or any other party have been advised of the possibility thereof.
23. If any provision of these disclaimers and exclusions shall be unlawful, void or any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Assumption of Risks
24. You acknowledge that there are certain security, corruption, transmission error and availability risks associated with using the KDI Platform and agree, to the maximum extent permitted under applicable laws, to assume such risks. Without limiting the generality of the foregoing, you acknowledge and accept, given the nature of electronic transactions and electronic telecommunication platforms such as the KDI Platform, the unique risks of using the KDI Platform, which include, but are not limited to the following:
a. Delays in, or inability to, access or use the KDI Platform due to any hardware, software, system or connection failure, error, malfunction, omission, interruption, delay in transmission or computer virus.
b. Loss, or errors in transmission, of data or information that may occur due to any cause whatsoever, including any failure of any of our electrical, electronic, computer, microprocessor, recording or communication system.
c. The need to conduct maintenance of the KDI Platform system infrastructure from time to time, and any delay, failure, error or omission which may ensue therefrom.
d. The failure of any electronic security measures including, without limitation, filters, authentication processes and anti-virus software, whether or not for the protection of the integrity of the KDI Platform, the privacy of your information or otherwise, and you agree that we shall not bear any liability or losses of any kind, and you shall release us from any claim you may have, with respect to or referable to the above risks and any losses arising therefrom, regardless of whether we had been advised, or were aware of the possibility, of such risks. You shall assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in the computer or systems, if required.
25. By using our KDI Platform you are deemed to have agreed and accepted that we will not be held liable under any circumstances, including negligence, for any direct, indirect or consequential loss arising from your use of the information and material contained in our KDI Platform or from your access to the linked External Websites. We shall also not be liable for any material provided by third parties with their own respective copyright and shall not under any circumstances, be liable for any loss, damages or injury arising from these materials.
26. The exclusions and limitations described herein shall apply only to the extent permitted by law, without prejudice to our rights to seek legal redress in accordance with the applicable laws.
27. Your personal information provided to us shall also be governed by the terms and conditions set out in the Personal Data Protection Notice available at https://digitalinvesting.com.my/privacy-policy/. We shall deal with your data and personal information in accordance with such Personal Data Protection Notice as may be amended or supplemented from time to time. You hereby confirm that you have read and understood the Personal Data Protection Notice and accept the terms and conditions. For the most current version of the Personal Data Protection Notice at all material times, please refer to the posting on our website. We do not control the use of your personal information that you may share with the External Websites. You are advised to make yourself aware of their respective terms and conditions in this respect (if any).
28. We are committed to establish and maintain effective measures to safeguard the confidentiality of the information contain within KDI Platform from unauthorized access. You shall use the information for the purpose for which it is intended to be used. The information may be shared within us, our service providers and sub-contractors and may be disclosed outside us as required to do so by the relevant regulatory authorities, and/or as required by laws or regulations, such as related to Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (without obtaining your prior permission).
29. We reserves the right to use and disclose to other parties any information or data supplied by you to us or generated by us using the information provided by you for the purposes of managing your account, for analysis in order to assess and improve the services offered herein, and for any other purpose in order for us to provide you the services herein.
Suspension or Termination
30. We may temporarily suspend or terminate your access to the KDI Platform at any time if:
a. In our reasonable business judgment such action is necessary to prevent material errors or harm to any system or network.
b. Your access to or use of the KDI Platform in an unauthorized manner, including any attempt to gain access to data or information relating to customers or any use that infringes third party intellectual property rights or violates any applicable law, rule or regulation;
c. You have breached the terms of this KDI Platform Use Agreement;
d. You are using the KDI Platform in a manner that may cause us to breach applicable laws, have legal liability or distrupt other use of the KDI Platform;
e. You are using the KDI Platform for any illegal activities or where we have reasonable suspicion that you may be doing so;
f. We become aware or suspect that your access methods are stolen, lost, damaged or compromised;
g. We become aware or suspect that the person logged into using your access methods is not you;
h. We are required to do so by applicable laws or pursuant to a request by any government or regulatory body;
i. Scheduled downtime or recurring downtime;
j. A Force Majeure Event;
k. You publish, post, transfer, distribute or upload any content or information to the KDI Platform which is false, misleading or inaccurate, contains rude and inappropriate language or which creates the impression that any content is sponsored or endorsed by us;
l. You modify, adapt or reverse engineer the KDI Platform or any part thereof;
m. You transmit any viruses, worms, defects, Trojan horses or any other items of a destructive nature, or that may otherwise compromise the security of the Platform.
31. You must notify us immediately if you become aware of or have reasonable suspicion that there is any breach of security, loss, theft or unauthorized use of your access methods.
32. For the purpose of Clause 31 of this Platform Use Agreement, “Force Majeure Event” means any event beyond our reasonable control (and which does not relate to or arise by reason of our default or negligence) which renders impossible or hinders our performance of this Platform Use Agreement, including the offering of the KDI Platform thereto, including, without limitation:
a. War, riot, civil unrest or revolution, sabotage, terrorism, insurrection, acts of civil or military authority, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
b. Terrorist attacks, civil war, civil commotions or riots;
c. Acts of God, epidemic, pandemic, flood, earthquake, typhoon or other natural disasters or adverse weather or environmental condition;
d. Any act of state or other exercise of sovereign, judicial or executive prerogative by any government or public authority, including expropriation, nationalisation or compulsory acquisition or acts claimed to be justified by executive necessity;
e. Fire, explosion or accidental damage;
f. Collapse of building structures or failure of plant machinery, computers or vehicles;
g. Interruption or failure of utility service, including but not limited to electric power, gas or water;
h. Any labour disputes, including but not limited to strikes, industrial action or lockouts.
33. For the avoidance of doubt, we shall not be in breach of this Platform Use Agreement, nor liable for any failure or delay in the performance of any other obligations under this Platform Use Agreement arising from or attributable to any of the circumstances giving rise to a right to restrict (temporarily or permanently) under Clause 32 of this Platform Use Agreement.
Applicable Law and Jurisdiction
34. This Platform Use Agreement shall be governed and construed in accordance with Malaysian laws, and the courts of Malaysia shall have exclusive jurisdiction to adjudicate any dispute which may arise in relation thereto.