CIMB PREFERRED TERMS AND CONDITIONS

To review the complete terms associated with your CIMB Preferred membership, kindly click here.

 

Terms Of Access

 
 

CIMB Preferred Agreement

 
  Terms Of Access

PLEASE READ & UNDERSTAND THE FOLLOWING TERMS & CONDITIONS WHICH GOVERN YOUR ACCESS OF THE www.cimbpreferred.com WEBSITE (HEREINAFTER REFERRED TO AS 'CIMB PREFERRED WEBSITE' or ‘WEBSITE’) AND USE OF THE SERVICES AS PROVIDED THEREIN (HEREINAFTER ALSO REFERRED TO AS THE 'SERVICES HEREIN') BY ACCESSING THIS CIMB PREFERRED WEBSITE AND/OR USING THE SERVICES HEREIN, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF AT ANY TIME YOU DO NOT ACCEPT ANY OR ALL OF THESE TERMS & CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE ALL ACCESS OF THIS CIMB PREFERRED WEBSITE AND/OR USE OF THE SERVICES HEREIN.

  General

This CIMB Preferred Website and the services herein are operated, administered, maintained and developed by CIMB Bank (13491-P) ("We", "us" or "our", as the case may be) and its third party vendors. Your access or browsing of this CIMB Preferred Website as a “Visitor” (which means that you browse the website without registration as CIMB Preferred Website Member) and use of the services made available herein are governed by this Terms of Access including any amendments made thereto and any other additional operating policies which we, at our sole discretion, may impose from time to time ("Terms of Access").

Further thereto, we also reserve the sole right and discretion to make any amendments to this Terms of Access from time to time. We shall notify you of such amendments by notice, among others, displayed on this CIMB Preferred Website at least seven (7) days before the said amendments come into effect and after which, your continued access of this CIMB Preferred Website and/or use of the services herein subsequent to any such amendments made shall constitute your agreement and binding acceptance of the same.

Notwithstanding anything contained herein, you agree and acknowledge that although this Terms of Access regulate your access of this CIMB Preferred Website and use of the services herein, the said services shall also be subject to the applicable terms and conditions of any agreements which may govern the subscription and use of the same. As such, this Terms of Access shall be read in conjunction with the terms and conditions of those agreements as may be applicable. Should there be any conflict between this Terms of Access and the terms and conditions of those applicable agreements, the latter shall prevail.

Please Direct Any Questions Which You May Have Concerning This Terms Of Access To Our Customer Service Executives, 24 hours a day, 7 days a week.

Call us : 1 300 885 300 (local)
  +603 2295 6888 (overseas)
Fax us : +603 2296 0345
E-mail us: cimbpreferred.callcentre@cimb.com

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Your Conduct

You agree that your access of this website and use of the services herein shall at all times be in accordance with all legislation, laws and regulations and any guidelines and policies of CIMB Bank governing the same and you shall not, at any time whatsoever, attempt or assist any other person to transmit any materials, data, communication and/or information ("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 pedophilia, contains any viruses or deleterious files and/or is otherwise objectionable to public morals and decency, disrupts the access and use of the CIMB Preferred Website and the products or services provided hereunder by others, disrupts the provision of the CIMB Preferred Website and/or the products/services offered under the CIMB Preferred Website and/or by the Merchants and/or which adversely affects the rights of the CIMB Bank, the Merchants or any other persons. You also agree not to hack or attempt to gain unauthorized 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 us immediately and in failing or delaying to do so, you may also be held liable for the same.

We are not obliged to monitor or review your access of this website or use of the services herein. However, we may do so from time to time for our own purposes or where we are compelled to do so under this Terms of Access. In doing so, we reserve the right to edit or delete any Content which violates any of the provisions in this Terms of Access without notice and without any liability whatsoever to you for doing so.

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Intellectual Property Rights

You hereby agree that the Content including any graphic, text, script, music, sound, photograph, image, art, video and other multimedia work or any combination thereof which is available on our website and services is at all times protected by copyright, trademarks, service marks, patents and any other applicable intellectual property or proprietary rights, all of which are at all times owned exclusively by us or the relevant third party vendor, advertiser, affiliate or other third person, where applicable.

While you may download one (1) copy of the Content and share certain permitted Content via links to social media and e-mail made available in the CIMB Preferred Website for your personal and non-commercial use only (subject to you maintaining all relevant copyright and proprietary notices contained therein intact), you agree that the Content may not otherwise be reproduced, performed, broadcast, adapted, licensed, modified, edited, censored, altered or used in whole or in part in any manner whatsoever without our prior express consent or that of the relevant third party vendor, advertiser, affiliate or other third person, where applicable, to the same.

All rights in this website, the services herein and the Content which are not expressly granted to you under this Terms of Access or otherwise, are at all times expressly reserved by us or the relevant third party vendor, advertiser, affiliate or other third person, where applicable.

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Charges

While your access to this website is currently provided free of any charges, you agree and acknowledge that we reserve the sole right and discretion to levy a charge for the same or any service(s) which may be provided herein or any portion thereof at any time in the future, subject always to our giving you prior notice of the same.

Further thereto and notwithstanding the same, you also agree and acknowledge that there may be certain services provided herein, whether existing at present or made available in the future, which require you registering with us in order to access and use the same. In such instances, you agree and acknowledge that we reserve the sole right and discretion to levy a charge for your said registration and/or access to and use of the said services or any portion thereof. For these purposes, you shall be duly notified of the relevant charges, if any, upon registration and your completion of the registration process, access to or use of the said services thereto shall constitute your agreement and binding acceptance of the same.

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Confidential Information

It is our 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, we will neither edit nor disclose your Confidential Information unless we are required to do so in accordance with any legislation, laws or regulations, to protect our rights and property, enforce any provision in this Terms of Access, 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, we may from time to time disclose your Confidential Information (only in aggregate or demographic form) to our third party vendors, advertisers, affiliates or other relevant parties for their records. Further information on how we safeguard your Confidential Information is provided for in our Privacy Policy

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Hyperlinks to Third Parties

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 our control, unless stated otherwise. These hyperlinks do not represent in any way whatsoever our endorsement or sanction of the same. Accordingly, we shall not be responsible or liable for your access and use of the same or any information or materials available therein. We 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.

No linking or providing hyperlink to third party pornographic website or other objectionable website is permitted. Such third party hyperlinks will be immediately banned and reported to the relevant authorities
.
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Disclaimer

All Content which is available on this website and the services herein are provided on an "as is" and "as available" basis and are strictly meant for your reference and information only, and shall not, at any time whatsoever, be assumed or deemed to be intended for any business or commercial purposes or to constitute an offer or solicitation and/or the giving of advise in respect of investment, financial or banking services by us. You are therefore advised to obtain independent professional advice at all times and verification of the said Content before making any decisions based on the same.

While we shall use reasonable efforts to ensure that the Content herein or any portion thereof are, as far as possible, accurate, complete, reliable, current and true, you acknowledge and agree that certain Contents transmitted or made available through the website may be provided by third parties, therefore, we do not warrant the same and further, we expressly disclaim all liability for any errors, omissions or inadequacies or inaccuracies in the Content herein or any portion thereof. Further, we do not give any kind of warranty, whether express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement or freedom from viruses. We also do not warrant that this website, the services herein and the Content will meet your requirements, be uninterrupted, timely or secure.

You are solely responsible for making your own assessment when accessing and using this website, the services herein and the Content and you agree that your access and use thereof shall be at all times at your sole risk.

Notwithstanding the generality of this Terms of Access, we shall not, at any time whatsoever, be liable to you or any other person for any damage or loss suffered whether in contract, tort, negligence, strict liability or any other basis, (including all direct, indirect, special or consequential damages, economic loss, loss of profits or loss of opportunity) in connection with your access or use or the inability to access or use the CIMB Preferred Website (or any third party link to or from the CIMB Preferred Website), reliance on the information contained on the CIMB Preferred Website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise. This exclusion clause shall take effect to the fullest extent permitted by law.

CIMB Bank does not represent, endorse or guarantee the accuracy, truthfulness or reliability of any content, advice, opinion, statement, product, advertisements or other information displayed, uploaded, or distributed through the CIMB Preferred Website by any user, merchant, dealers, administrator, staff, information provider or any other person or entity. It is solely your responsibility to evaluate the accuracy and completeness of all information and the quality of the products offered through this website. You acknowledge that any reliance and consumption of any such opinion, advice, statement, memorandum, or information shall be at your sole risk and based solely on your own judgement.

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Indemnity


You hereby agree to fully indemnify, defend and hold us, our officers, directors, employees, agents and servants harmless against all damages, losses, expenses and costs (including legal costs and disbursements) which we may have suffered or incurred, whether directly or indirectly, in connection with or as a result of your breach of any of the provisions under this Terms of Access.

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Waiver

In the event that we fail or neglect to enforce any provision or remedy under this Terms of Access for whatever reason, we shall neither be construed as having waived our rights to enforce the same nor as having waived our rights to any continuing, succeeding or subsequent breach of the same or any other provision in this Terms of Access.

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Miscellaneous

We reserve the right and 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 we believe that such modifications are substantial or materially affect your access and use of the same, we shall notify you of such modifications by notice, among others, displayed on this website or pop up notice whenever you access the website at least seven (7) days before the said modifications come into effect, except where circumstances beyond our control limit our ability and efforts to do so. The said notice of such modifications will be displayed on the website for at least seven (7) days.

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Governing Law & Jurisdiction

Notwithstanding from where you gain or attempt to gain access to this website and/or the services herein, you agree that this Terms of Access, your performance and conduct under it, your access to this website and use of the services herein and/or Content and any disputes arising thereunder shall, at all times, be governed by and construed in accordance with the laws of Malaysia. Further, you agree to submit and be bound by the exclusive jurisdiction of the Courts of Malaysia. CIMB Bank makes no representation that the materials, information, functions and/or services provided on this website are appropriate for use in jurisdictions other than in Malaysia.

The performance of our obligations under this Terms of Access are subject always to existing legislation, laws and regulations governing the same and nothing contained in this Terms of Access is in derogation of our rights to comply with and conform to any governmental requests or legal requirements relating to the access of this website and use of the services herein or in respect of the Content or any portion thereof which is provided to or acquired by us for your use. A printed version of this Terms of Access and of any notice, message or communication given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Access, to the same extent maintained in its printed form.

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CIMB Preferred Website Agreement

This CIMB Preferred Website Agreement (“hereinafter referred to as “Agreement”) sets out the terms and conditions and governs your use and access to CIMB Preferred Website, which is provided by CIMB Bank Berhad (Company No: 13941-P) to CIMB Preferred members, in order to enable them to electronically access and use the Services. By browsing, visiting or using this website, you are indicating your acceptance of the terms and conditions of this Agreement. If you do not accept or are not agreeable to any of the terms and conditions of this Agreement, you are advised to immediately discontinue use or access to this website.

The terms and conditions governing this website may be amended from time to time by CIMB Bank in accordance with Clause 14 of this Agreement. Your continued use or access to this website and/or the Services provided herein subsequent to any such change will be deemed as your acceptance to those changes.

The CIMB Preferred Website is not a place for you to lodge a complaint or provide feedback. This should be done at CIMB Bank’s Facebook or Twitter (www.facebook.com/CIMBMalaysia or www.twitter.com/CIMB_Assists). If you have any queries or concern or complaint about any of the material appearing in this website you should consult your Relationship Manager or contact the Preferred Call Centre at the contact particulars set out in Clause 11 of this Agreement.

Unless otherwise expressly stated herein, your use of this website is governed by the terms and conditions of this Agreement which are in addition to the prevailing terms and conditions applicable to any accounts, facilities, products and services you may subscribe to or have with CIMB Bank or CIMB Islamic Bank, and any other facilities, products and services you may hereafter obtain from CIMB Bank or CIMB Islamic Bank.

This Agreement is to be read in conjunction with CIMB Bank's Terms of Access, as well as any other terms, conditions and provisions which CIMB Bank or CIMB Islamic Bank may prescribe from time to time. Should there be any conflict between this Agreement and any other agreement you may have with CIMB Bank, CIMB Islamic Bank or any of its subsidiaries, affiliates and/or business partners, the terms and conditions of this Agreement shall prevail to the extent that it relates to your use of this website.

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Definitions

"Agreement" means the terms and conditions of the CIMB Preferred Website Agreement herein, as may be varied from time to time.

“Business day” means any calendar day from Monday to Friday except a public and bank holiday.

"CIMB Bank" means CIMB Bank Berhad (Company No: 13941-P) and includes its subsidiaries and its successors in title and assigns and where applicable any of them.

“CIMB Islamic Bank” means CIMB Islamic Bank Berhad (Company No. 671380-H) and includes its subsidiaries and its successors in title and assigns and where applicable any of them

“CIMB Preferred Website” or “website” means the Services offered in CIMB Preferred website at http://www.cimbpreferred.com/, a website owned by CIMB Bank.

“CIMB Preferred Website Member”, “you", "your" or "yourself" mean CIMB Preferred members who have successfully registered online to be CIMB Preferred Website Member.

“Complaints Bureau” means the bureau set up under the Content Code pursuant to the Communications and Multimedia Act 1998.

“Events”means the services as set out under Clause 7.0.

“Forums” means the services as set out under Clause 5.0

"Instructions"
means any request, application, authorisation or instructions in whatever form given or transmitted to CIMB Bank or CIMB Islamic Bank via the CIMB Preferred Website by you or any other persons purporting to be you, whether authorised or unauthorised.

"Loss" means any and all losses, damages (financial and otherwise), injuries, embarrassments, costs, charges and/or expenses of whatsoever nature, including legal fees on a full indemnity basis.

“Marketplace” means the services as set out under Clause 6.0.

“Merchants” mean are selected business partner recruited by CIMB Bank to provide their products/services/comments in the website. Merchants are solely responsible for what they post in the website.

“Personal Message”
or “PM” means the services as set out under Clause 9.0.

“Preferred Articles” means the services as set out under Clause 8.0.

“Services” mean the features of posting messages into the Forums, posting products/services at the Marketplace, sending a personal message to another member, registering for Events, access to Preferred Articles and privileged information such as the CIMB Preferred Magazine Online, daily brief, market insights and portfolio as identified herein or as may be provided by CIMB Bank from time to time via this website.

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1.0 Registration as a CIMB Preferred Website Member

 
1.1  To register as CIMB Preferred Website Member, you would be required to enter your Preferred membership number, your ID number i.e. national identity card number or passport number and any other information or particulars required in relation to registration as a CIMB Preferred Website Member. You will be then prompted to create your password. Password created should be different and unique from other password used for your other login (e.g. email, other website, internet banking, etc)

1.2 In registering as CIMB Preferred Website Member, you represent and undertake
 
1.2.1 That you are CIMB Preferred member registered in Malaysia; and
1.2.2 That you have registered with your own personal information and not that of any other person

1.3 You may also be required to provide CIMB Bank with certain customer information such as may, in CIMB Bank’s sole opinion, be required in order to effectively provide the Services which may include, inter alia, nickname, e-mail address, security questions and your interest.

1.4 After completion of the steps in 1.1, 1.2 and 1.3 above you will receive an e-mail to your email address as provided pursuant to Clause 1.3 to request you to activate your membership as a CIMB Preferred Website Member by clicking on the link provided therein.

1.5 Subsequent to your successful enrolment an activation of your membership as a CIMB Preferred Website Member, you will be required to key in your Preferred membership number and your password for each time you log on to CIMB Preferred Website.

1.6 You agree and acknowledge that CIMB Bank has the right to invalidate your membership as a CIMB Preferred Website Member and your password without being obliged to provide any reason for such invalidation or to respond to any request for information from yourself. Further you agree and acknowledge that you shall not hold CIMB Bank or CIMB Islamic Bank liable for any Loss, which you may suffer as a result of such invalidation.

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  2.0 Acceptance of Terms and Conditions

2.1. You acknowledge that the first time you apply to enroll as a CIMB Preferred Website Member, you shall be deemed to have read, understood and agreed to be bound by the terms and conditions of this Agreement and the Terms of Access and you further acknowledge and accept all inherent risks associated in conducting any transactions over the Internet or such other electronic medium approved by CIMB Bank.

2.2. You agree to abide by the terms and conditions of this Agreement in your access and use of CIMB Preferred Website

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  3.0 Responsibility for Password and Confidentially

 
3.1. If you use this CIMB Preferred Website, you are responsible for maintaining the confidentiality of your Preferred membership number and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are solely responsible for maintaining the confidentially of your Preferred membership number and password to any other person. You are responsible for the use of your Preferred membership number, whether or not authorized or consented by you.

3.2. You shall immediately notify CIMB Bank at email: cimbpreferred.callcentre@cimb.com if it comes to your knowledge that your password has been compromised or there has been unauthorized use of your account and/or password.

3.3. CIMB Bank shall not be liable for any damage or loss of any kind suffered by you as a result of unauthorized use of your Preferred membership number and password.

3.4. You should not post any personal information such as but not limited to account numbers, personal identification numbers, and telephone numbers and any financial information on the CIMB Preferred Website. CIMB Bank will never ask you for your account information such as ATM and/or user id and/or passwords over the CIMB Preferred Website. If you do so, it may be removed or censored by the CIMB Bank to protect your privacy and CIMB Bank shall not be held responsible for any misuse by any party of that information that you may have exposed.

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  4.0 Copyright and Trademarks

 
4.1. You explicitly agree that any postings on the website may be used by CIMB Bank and all its affiliates for marketing purposes and that your making the post explicitly waives all rights, interests, and benefits to the post and shall not seek any fiduciary gain from CIMB Group or its affiliates in the event such as post is used in the manner described.

4.2. You may post or link to photographs or pictures at the Forums, Marketplace and Events segment of the website, subject to the terms and conditions of this Agreement. You are responsible for your postings and must ensure that you own the rights to the photographs or pictures posted on the website and/or you have obtained the consent of the owner to use the photographs or pictures. CIMB Bank reserves the right to require evidence from you of your ownership of the photographs or pictures or the consent from the owner before approving the use of the photographs or pictures for posting on the website. The publishing of these photographs or pictures on the website should not be taken as CIMB Bank’s endorsement of them and you agree that CIMB Bank reserves the right at its sole discretion at any time to remove the posting of any photographs or pictures on the website without having to assign any reason to you.

4.3. The website also may contain Content provided by CIMB Bank including but not limited to text, images and the logos of CIMB Bank. Please be aware that CIMB Bank’s trademarks are protected by Intellectual Property laws. You agree that you will not copy, modify, edit, publish, distribute, display or broadcast any CIMB Bank trademarks or Content without the authority or permission of CIMB Bank to do so.

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  5.0 Forums

 
5.1. The Forums segment of the website allows you and other CIMB Preferred Website Members to read and post information and interact with each other. All postings must conform to a community friendly standard and will be subject to CIMB Bank’s moderation after the posting on the website. You agree to only post information that is true and correct in light of your knowledge.

5.2. We strongly encourage CIMB Preferred Website Member to respect fellow community members and the posting guidelines of this website as set out under Clause 5.3 below.

5.3. CIMB Bank reserve the right at its sole discretion to reject postings that falls under any of the below category(s):

 
5.3.1. abusive, harmful, threatening, harassing, defamatory, vulgar , profane , hateful or obscene, racial, political, religion

5.3.2. indecency for example sex and nudity

5.3.3. offensive violence, imitable violence, sexual violence

5.3.4. fraudulent, deceptive or misleading

5.3.5. in violation of any intellectual property right of another

5.3.6. in violation of any law or regulation

5.3.7. otherwise offensive, graphically or in tone

5.3.8. objectionable in any way including but not limited to material which encourages conduct that would constitute a criminal offence, violate the rights of others, or otherwise violate any applicable local, state, national or international law

5.3.9. chain letters, pyramid schemes

5.3.10. surveys

5.3.11. bad language amongst others, offensive speech, hate speech, crude references

  Or anything that appears to be violating this Agreement.
   
5.4. When creating a posting for a new subject matter you are required to always include a pertinent subject title for the post. Focus on one subject per post and keep your questions and comments relevant to the focus of the discussion. This is to ensure that other users can locate the post quickly and choose whether to read it or not. CIMB Preferred Website Member should use the ‘New Topic’ tab appearing in the website to start a new discussion which would otherwise be off-topic in the current discussion postings. Postings that veer off topic may be closed by CIMB Bank.
   
5.5. Posting the same message, or an unsolicited commercial message, to one or many topics or categories is considered spam. Spam or duplicate messages may be deleted or consolidated by CIMB Bank. CIMB Preferred Website Member is required to post new topics to the appropriate forum category. CIMB Bank may at its sole discretion decide to edit/delete/close/merge/move a topic or post without prior notification to the CIMB Preferred Website Member.
   
5.6. Personal classified advertising is permitted in the website’s Marketplace segment. The Forums segment facilitates further discussion of the items in the Marketplace, if required.
   
5.7. CIMB Bank reserves the right to edit the content you wrote if it does not conform to the guidelines set out under Clause 5.2. In the unlikely event that we do edit your post and you do not like the changes or you wish to remove any of your posting, CIMB Bank will delete the posting at your request.
   
5.8. You acknowledge that CIMB Bank and its affiliates do not control the information available on the Forums and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on the Forums are those of their respective authors who are solely liable for their content. CIMB Bank does not endorse nor is responsible for the accuracy of information, opinions, claims or advice shared by other CIMB Preferred Website Member. You acknowledge that any reliance and consumption of any such opinion, advice, statement, services or information shall be at your sole risk and based solely on your own judgement.
   
5.9. You acknowledge that any submissions you make to the website (i.e., user-generated content including but not limited to: text, video, audio and photographs) may be edited, removed, modified, published, transmitted, and displayed in the website and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
.  
5.10. You are not permitted to link to or advertise a “paid” website such as “pay per click” or simply advertising within your postings such as promoting or advertising your own business. The exception to this rule is if you were informing others of information/articles on “generic” sites or to a site that provides information directly related to a forum discussion. However, clear and obvious repetition of links to any other CIMB Preferred Website is not permitted and your posting will be removed.
   
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6.0 Marketplace

   
 
6.1. The Marketplace segment of the website is a channel for CIMB Preferred Website Member to post something they have for sale, rent or exchange and to look for something they want to purchase. All postings must conform to a community friendly standard and will be subject to CIMB Bank’s moderation before the posting on the website. You may not post or sell any item that is restricted or prohibited by a federal, state or local law in any country or jurisdiction.
   
6.2. CIMB Bank has chosen to also prohibit the posting of other categories of items which may not be restricted or prohibited by law but are nonetheless controversial. CIMB Bank reserve the right at its sole discretion to reject and/or to remove postings whether under the Marketplace segment or in the website which are controversial, including but not limited to:
   
 
6.2.1. Items that encourage illegal activities;
   
6.2.2. Items that are racially, religiously or ethnically derogatory, or that promote hatred, violence, racial or religious intolerance;
   
6.2.3. Giveaways, lotteries, raffles, or contests;
   
6.2.4. Stocks, bonds, investment interests, and other securities;
   
6.2.5. Pornographic materials or items that are sexual or obscene in nature;
   
6.2.6. Items that do not offer a product or service for sale, such as advertisements solely for the purpose of collecting user information.
   
6.2.7. infringes the intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party e.g pirated items;
   
6.2.8. otherwise causes legally-recognized harm including but not limited to a product that contains a defamatory statement; or
   
6.2.9 Violates, or is illegal under any applicable law, statute, ordinance or regulation.
   
6.2.10. is false, inaccurate or misleading;
   
6.2.11. Violates or breaches any law;
   
6.2.12. contains any computer viruses and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
   
6.2.13. introduces, spreads or is intended to introduce and/or spread contents or propaganda of political or racist nature.
   
6.2.14. prohibited drugs
   
6.2.15. tobacco, cigarettes and its accessories
   
6.2.16. any item banned in the Postal Services Act 1991 for the purpose of cheating or misleading
   
6.2.17. occult and fortune tellers
   
6.2.18. marriage agencies and friendship clubs
   
6.2.19. unlicensed employment agencies
   
6.2.20. clothing which is printed with word(s) and/or symbol(s) that has an inappropriate message
   
6.2.21. pig, pork and its derivatives
   
6.2.22. fire crackers
   
6.2.23. death notices, funeral and burial service notices and burial monuments
   
6.2.24. disco scenes
   
6.2.25. slimming products, whether it is used orally or physical application
   
6.2.26. alcoholic beverages
   
6.2.27. medical products, whether it is used orally or physical application
   
  *Please note that the list above can be expanded from time to time.
   
6.3. CIMB Bank does not control and is not liable to or responsible for the quality, safety, lawfulness, truth, accuracy or availability of the products or services posted on the website or the ability of the sellers or Merchants of goods or services posted in the Marketplace segment to complete a sale or the ability of buyers to complete a purchase. The price and other terms of sale in relation to goods or services posted in the Markeplace segment remain subject to direct negotiation between the seller or Merchant and the buyer. Please note that this website shall not be involved in any related transactions offline or online and is merely a channel for communication.
   
6.4.. Each CIMB Preferred Website Member acknowledges that he/she is fully assuming the risks of purchase, rent and sale transactions when using the website, and that he/she is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that arise from using the website. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website may violate or may be asserted to violate third party rights, and the risk that CIMB Preferred Website Member may incur costs of defense or other costs in connection with third parties' assertion of third party rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harm relating to product originally obtained via the website as a result of purchase, rent and/or sale transactions in connection with using the website may suffer harm and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". CIMB Bank shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
   
6.5. In the event of any dispute with any party to a transaction, such CIMB Preferred Website Member, Merchant and any other party or person whatsoever agrees to release and indemnify CIMB Bank (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
   
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7.0 Events

 
   
7.1. The Events segment is a channel for CIMB Preferred Website Member to view the latest and upcoming Preferred events and to purchase ticket(s) for such Preferred events and/or other items featured.
   
7.2. To register for an event featured in the Events segment of the website, you must fill in the registration form online and accept the terms and conditions governing the said event which are separate from this Agreement.
   
7.3 Upon successful registration for an event, a notification will be sent to the CIMB Preferred Website Member’s email address confirming the registration status.
   
7.4. Event(s) featured in the Events segment may be free or chargeable. For chargeable events that require online payment, CIMB Preferred Website Member will be directed to pay via CIMB Clicks. This is the only payment mode.
   
7.5. CIMB Bank and/or the Merchants reserves the right to defer or cancel any event if there are insufficient bookings or conditions arising beyond reasonable control and shall not be liable for any damage or loss caused thereby.
   
7.6. CIMB Bank and/or the Merchants reserve the right to make changes to the published event example . to change or vary the timings or speakers if one or more of the advertised speakers is unable to attend. In such case, you will have no claim against CIMB and the Merchants in respect of such changes, and you will not be entitled to cancel your reservations.
   
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8.0 Preferred Articles

   
 
8.1. CIMB Preferred Website Members are entitled to view and download privileged information such as lifestyle articles, CIMB Preferred Magazine Online, daily brief, market insights and portfolio in the website.
   
8.2. CIMB Bank is not responsible for and makes no warranties, express or implied, as to any content of the materials or articles contained in the website, including without limitation, the accuracy, completeness and their reliability.
   
8.3. The materials or articles contained in the website procured by CIMB Bank from a third party accurately reflect the personal views of the writers but does not reflect the opinions or policies of CIMB Bank or CIMB Islamic Bank and their group of companies. In reviewing the article, the CIMB Preferred Website Member should be aware that the materials or articles posted in the website, among other things, may give rise to real or potential conflicts of interest.
   
8.4. CIMB Bank is not responsible for the content, accuracy or opinions expressed in the materials or articles contained in the website which are provided for information and general guidance only.
   
8.5. In relation to materials or articles prepared by CIMB Bank or CIMB Islamic and their affiliates, the same is prepared from data believed to be correct and reliable at the time of posting. CIMB Bank and CIMB Islamic or any of their affiliates do not make any guarantee, representation or warranty, express or implied, as to the adequacy, accuracy, completeness, reliability or fairness of any such information and opinion contained in the materials or articles and accordingly, neither CIMB Bank, CIMB Islamic Bank nor any of its affiliates nor its related persons shall be liable in any manner whatsoever for any consequences (including but not limited to any direct, indirect or consequential losses, loss of profits and damages) of any reliance thereon or usage thereof.
   
 

9.0 Personal Message

 
9.1. Personal Message is a service available in the Forums and Marketplace segment to facilitate CIMB Preferred Website Members communication with the other without having to post publicly on the website.
   
9.2. You use the personal messaging function at your own risk. CIMB Bank shall not responsible for the content of personal messages sent or communicated between CIMB Preferred Website Members. CIMB Bank does not endorse opinions expressed by CIMB Preferred Website Members in any personal messages they may send via PM.
   
9.3. If you receive a PM from another CIMB Preferred Website Member and you notice/realize/believe that the message they have sent you contravenes the Agreement in any way, you should report the same to CIMB Bank by sending a message to CIMB Bank at the following email address: cimbpreferred.callcentre@cimb.com.
   
9.4. Upon receiving the report from a CIMB Preferred Website Member, CIMB Bank may, at its own discretion, investigate the said personal message. The Administrator of the CIMB Preferred Website will determine whether the personal message is a spam or in any way contravenes the Agreement .
   
9.5. CIMB Bank does not monitor PM communicated between CIMB Preferred Website Members. CIMB Bank however reserves the right to access PM(s) of any CIMB Preferred Website Member if it considers necessary.
   
9.6. PM should remain private and are intended for the recipient only. CIMB Preferred Website Members should not discuss, copy or post the content of any PM onto the website nor should they forward any PM they have received to any other person.
   
9.7. PM must not contain or include personal attacks, content that is offensive, defamatory or libelous, vulgar, hateful, threatening, abusive, invasive or in violation of any laws or good morals and practice.
   
   
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10.0 Your Responsibility and Undertakings

   
 
10.1. 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 website at your own risk and expense.
   
10.2. You shall be responsible for the maintenance of any account that you may have with a Network Service Provider for your access to the website 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.
   
10.3. You agree and acknowledge that CIMB Bank will not be held liable for your inability to access the website 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 CIMB Bank.
   
10.4. You agree to observe all security measures in relation to your account(s) and the access to and use of website as specified in this Agreement and any other rules and regulations, policies or guidelines as may be in force in relation thereto.
   
10.5. You shall furnish CIMB Bank with complete, accurate and timely data, information and Instructions in relation or in connection with any transactions and performance of any transactions made through the website.
   
10.6. You shall not initiate any claims, actions or suits against CIMB Bank, for any unauthorised use of the website and Services whether as a result of your password being compromised or otherwise.
   
10.7. You shall, at all times, observe and abide by the terms and conditions of this Agreement and any other relevant agreement between CIMB Bank or CIMB Islamic Bank and you and any other rules, regulations, policies and guidelines currently in force.
   
10.8. You shall not interfere with the access to and use of Website or Services by other CIMB Preferred members and you shall not use the website for any purpose other than to utilise the Services. You shall also not hack, attempt to hack or gain unauthorised access, whether directly or indirectly, into the website, and/or the Service(s), for any purpose whatsoever.
   
10.9. You shall observe all reasonable propriety and etiquette in your communications with CIMB Bank or CIMB Islamic Bank and shall not communicate any obscene or defamatory information to CIMB Bank whether through the website or otherwise.
   
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11.0  Error Reporting, Queries and Complaints

   
 
11.1. Should you wish to report any error or make any queries or complaints in relation to CIMB Preferred Website including complaints that materials on this web-site infringe your copyright, you may e-mail or call the CIMB Bank Call Center at the following address and contact numbers:- Name: CIMB Bank Berhad
   
 
Call us : 1 300 885 300 (local)
  +603 2295 6888 (overseas)
Fax us : +603 2296 0345
E-mail us : cimbpreferred.callcentre@cimb.com
   
  For the avoidance of doubt, all telephone calls made to CIMB Bank Call Center shall be logged by CIMB Bank.
   
11.2. Apart from lodging a complaint to CIMB Bank, you may lodge a complaint to the Complaints Bureau.
   
11.3. If you want to know more on how you can lodge a complaint to the Complaints Bureau or about the procedures of lodging complaint to the Bureau, you can visit http://www.cmcf.my/download/CONTENT_CODE_(V6-Final).pdf.
   
11.4. Subject to Clause 11.5, you may be required to disclose to CIMB Bank or CIMB Islamic Bank all relevant information relating to any report, query or complaint including but not limited to your name, a description of any such error, query or complaint, 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, query or complaint, as maybe relevant. Notwithstanding this, you shall not, at any time and under any circumstances whatsoever, disclose your website password and website User ID to any CIMB Bank or CIMB Islamic Bank staff or representative.
   
11.5. Where any communication involves your sensitive or confidential information in relation to any transactions made or otherwise, CIMB Bank or CIMB Islamic Bank does not encourage the communication of any such information via electronic-mail ("e-mail") (not being Secure Messaging) 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 CIMB Bank or CIMB Islamic Bank responsible or liable for the security of such information or any Loss suffered in relation thereto.

Where a complaint has been lodged to CIMB Bank, the administrator or moderator of the CIMB Preferred Website shall have the right to remove the content complained of or instruct the person who posted the same to remove it within a prescribed time period of time ranging between 1 to 24 hours.
   
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12.0  Updating of CIMB Preferred Website Member’s Particulars

   
 
12.1. You shall promptly notify CIMB Bank in writing or by such other means as CIMB Bank deems acceptable of any changes or variations in your personal particulars and CIMB Bank shall be entitled to assume that there have been no changes or variations until CIMB Bank has received notice thereof given by you. Provision of such particulars during the enrollment process in the website does not deem automated updating of your personal particulars.
   
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13.0. Exclusions of Liability

   
 
13.1 You agree and acknowledge that CIMB Bank does not make any warranties or representations of any kind whatsoever with respect to Website and the Services whether express or implied and shall not be responsible or liable for any Loss whatsoever howsoever arising whether in tort, contract or indemnity, in relation to the provision of the website and the Services whether suffered by you or any other person.
   
13.2. Without limiting the generality of Clause 13.1 above, CIMB Bank shall not be liable for any Loss caused by or arising from one or more of the following events or matters howsoever caused or incurring:-
   
 
13.2.1. Any malfunction, defect in and/or any breakdown, disruption or failure of any telecommunications, computer, terminal, server or other device or system whether or not owned, operated or maintained by you, CIMB Bank or any other person, including but not limited to the failure of any such equipment or system to accept, recognise or process any website user ID and password or Instruction;
   
13.2.2. Any malfunction, breakdown, disruption and/or unavailability of the website or any portion thereof, howsoever arising;
   
13.2.3. Any of the Services not being accessible, available or functioning ;
   
13.2.4. Any failure or delay caused by your Internet browser or other software, computer virus or related problems;
   
13.2.5. The corruption, destruction, alteration, loss of or error in your Instructions or any data or information in the course of transmission through the website;
   
13.2.6. Any intrusion, interference or attack by any person, virus, Trojan Horse, worms, macros or other harmful components or deleterious programs or files;
   
13.2.7. Any loss, theft or unauthorised use of your website password, website user ID;
   
13.2.8. Any purported access to and use of the website and/or the Service(s), your website password, website user ID as well as any other software or hardware provided by CIMB Bank to you, if any;
   
13.2.9. Any malfunction or breakdown in the software or hardware provided by CIMB Bank to you, if any;
   
13.2.10 Any unauthorised access and/or use of the website and the Services by any person;
   
13.2.11. Any prohibition, suspension, delay or restriction of your access to the website by the laws and regulations of any country from which you access the website;
   
13.2.12. Any prohibition, suspension, delay or restriction of your access to the website caused by, relating to or in connection with your Network Service Provider;
   
13.2.13. 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 Services;
   
13.2.14. Your failure, neglect or omission to maintain sufficient funds in your relevant account(s) to perform any of your Instructions;
   
13.2.15. Your inability to perform any transactions due to limits set by CIMB Bank from time to time;
   
13.2.16. Your failure, neglect or omission to act in accordance with the terms and conditions of this Agreement and any other rules, regulations, policies and guidelines currently in force;
   
13.2.17. Any delay in the delivery or non-delivery or any documents or materials, whatsoever, under this Agreement;
   
13.2.18. Any event, the occurrence of which is beyond CIMB Bank's reasonable control, including but not limited to fire, earthquake, flood, lightning, riots, strikes, lockouts, government action, war, disruption of electrical or power supply; or
   
13.2.19.

Any Loss which is caused by third parties.

   
13.3. Without prejudice to the generality of the foregoing and notwithstanding any provision to the contrary in this Agreement or in any other agreement between CIMB Bank and you, or any other agreement between CIMB Islamic Bank and you, CIMB Bank or CIMB Islamic Bank 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 CIMB Bank's or CIMB Islamic Bank’s obligations to you or otherwise.
   
13.4. CIMB Bank shall not be liable to you for any loss that you suffer (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) howsoever arising, whether in contract, tort or otherwise from your use or inability to use this website, or any of its contents, or from any action or omission taken as a result of using this website.
   
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14.0. Variation

   
 
14.1. CIMB Bank reserves the right at any time and from time to time upon giving adequate notice to add, amend, delete, vary or modify any of the terms and conditions contained in this Agreement and in the Terms of Access governing your use of the website. Any such variations, additions, deletions, modification or amendments (“the Amendment”) shall be binding on you and be deemed to be brought to your attention by its display at CIMB Bank’s banking premises or notice being sent by CIMB Bank to your last known address or advertised in one newspaper of CIMB Bank’s choice, or via the CIMB Preferred Website, electronic mail to your e-mail address in CIMB Bank’s record or by any other means of notification which CIMB Bank may select and the Amendment shall be deemed binding on you as from the date of notification of the Amendment or from such other date as may be specified by CIMB Bank in the notification.
   
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  15.0 Notices

 
15.1 All notices and communications by CIMB Bank in relation to CIMB Preferred Website maybe given by CIMB Bank in any one of the following:
 
   
15.1.1. By ordinary post to your last address in CIMB Bank’s records,
   
15.1.2. By facsimile, e-mail or other electrical forms of communication to your last know contact number or e-mail address in CIMB Bank’s records
   
15.1.3. By display at CIMB Bank’s banking premises, including those of its branches or subsidiaries
   
15.1.4. By display on the screen upon access to the CIMB Preferred website
   
15.1.5. By any other manner as CIMB Bank deems fit.
   
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16.0 Termination

   
 
16.1. Subject to Clause 16.3, you agree and acknowledge that CIMB Bank reserves the sole right and discretion to suspend, terminate or restrict your access to the website or any part thereof for any reason, by giving you adequate prior notice and without any liability whatsoever to you or any other third party for doing so.
   
16.2. Notwithstanding the generality of Clause 16.1, CIMB Bank may terminate, suspend or restrict your access to this website and the Services immediately upon giving you notice, if:-
   
 
16.2.1. You breach any term, condition or provision of this Agreement or laid down by any legal, regulatory or other authority or body relevant hereto;
   
16.2.2. If you have provided CIMB Bank with false or incomplete information for your access to or use of the website;
   
16.2.3. If you become, threaten or resolve to become or is in jeopardy of becoming subject to any form of insolvency administration; or
   
16.2.4. If, in CIMB Bank's opinion, it is in the public interest to do so.
   
16.3. You may terminate your access to and use of the website or any particular Services at any time, by giving at least fourteen (14) business day's prior written notice to CIMB Bank. The notification will not be effective until CIMB Bank has received your notice, acknowledges it and proceeds to terminate your access to and use of the website or the relevant portions thereof.
   
16.4. You agree and acknowledge that termination does not affect your liability or obligations in respect of Instructions received prior to such termination that have been processed or are being processed by CIMB Bank.
   
16.5. You further agree and acknowledge that where an Instruction was received by CIMB Bank prior to such termination herein but has not been processed, and your access to the website is thereafter terminated, you shall neither hold CIMB Bank responsible nor liable for any failure to process the said Instruction.
   
16.6. Any rights and obligations under this Agreement which by their term and sense would survive the termination of this Agreement in any way, shall continue to be in full force and effect thereafter.
   
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17.0 General Indemnity

   
 
17.1. In addition and without prejudice to any other right or remedy of CIMB Bank or CIMB Islamic Bank, whether under this Agreement or otherwise, you shall indemnify and hold CIMB Bank or CIMB Islamic Bank, its subsidiaries, agents and representatives harmless from and against any loss, liability, cost, expense, claim, complaint, or demand, including without limitation, reasonable legal fees suffered or incurred by CIMB Bank as a result of any of the following:-
   
 
17.1.1 In addition and without prejudice to any other right or remedy of CIMB Bank or CIMB Islamic Bank, whether under this Agreement or otherwise, you shall indemnify and hold CIMB Bank or CIMB Islamic Bank, its subsidiaries, agents and representatives harmless from and against any loss, liability, cost, expense, claim, complaint, or demand, including without limitation, reasonable legal fees suffered or incurred by CIMB Bank as a result of any of the following:-
   
17.1.2. CIMB Bank or CIMB Islamic Bank acting in accordance with any Instructions or in any manner pursuant to this Agreement ; and/or
   
17.1.3. Any misuse of this CIMB Preferred Website and the Services provided herein,and/or;
   
17.1.4 Any intellectual property right or proprietary right infringement claim made by a third party against CIMB Bank or CIMB Islamic in connection with your use of the Website ; and/or
   
17.1.5. Any dispute a CIMB Preferred Website Member has with any party to a transaction.
   
17.2. You agree and acknowledge that your obligation to indemnify CIMB Bank or CIMB Islamic Bank herein shall survive the termination of this Agreement or Services.
   
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18.0 General

   
 
18.1. The failure or delay on the part of CIMB Bank or CIMB Islamic Bank in exercising any right, power, privilege or remedy under this Agreement 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 CIMB Bank or CIMB Islamic Bank. Any waiver by CIMB Bank or CIMB Islamic Bank shall not operate as a waiver of any subsequent default by you.
   
18.2. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and this Agreement 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.
   
18.3. The section titles or headings in this Agreement are for convenience only and they have no legal or contractual effect.
   
18.4. Notwithstanding from where you access the website, you agree and acknowledge that this Agreement shall be governed by and construed in accordance with the prevailing laws of Malaysia and subject to Clause 18.5, the Malaysian courts shall have exclusive jurisdiction to hear and determine all actions and proceedings arising out of this Agreement and accordingly, you also agree and acknowledge to be subject to the same.
   
18.5. Notwithstanding anything herein, you agree and acknowledge that you shall use all reasonable efforts to negotiate with CIMB Bank in good faith and settle amicably any dispute that may arise out of or in relation to this Agreement. Where any such dispute cannot be resolved or settled amicably, you may refer such dispute to the Banking Mediation Bureau. If such mediation also fails to result in a settlement, the matter, at the election of either you or CIMB Bank, may be submitted to a court of competent jurisdiction in Malaysia.
   
   
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