English 
Bahasa Definitions
“Disclaimer” refers to the list of the parties that SME Bank is restricted to finance, as disclosed to you upon entering the Online Application System."Financing Applications" means one or more of your financing applications submitted by you through MySMEBank for the facilities, products and services as may be provided by SME Bank from time to time (as described in its website i.e. www.smebank.com.my).
“Instruction” refers to any instruction, which is made via MySMEBank.
"MySMEBank" means the Online Application System provided by SME Bank, which may be accessed and utilized by you via the Internet or any other electronic medium approved by SME Bank in accordance with the terms and conditions contained in MySMEBank Terms of Access or Other Terms of Access.
"MySMEBank Terms of Access" means the terms and conditions governing the access and use of MySMEBank as mentioned herein, as may be varied from time to time.
"MySMEBank User ID" means a unique name selected by you during your first time registration of your MySMEBank user account, consisting of no less than six (6) and no more than thirty two (32) alphanumeric characters which must be keyed in by you every time you log on to your MySMEBank user account.
"Online Application Password" or "MySMEBank Password" means the minimum eight (8) characters, alphanumeric personal password that you select to access your MySMEBank user account and subsequently for each time you log on to your MySMEBank user account.
"Loss" means any and all losses, damages (financial and otherwise), injuries, embarrassments, costs, charges, taxes, duties, levies, penalties and/or expenses of whatsoever nature, including legal fees on a full indemnity basis.
"Mobile Number" means the mobile number that you provided to SME Bank and used to activate your MySMEBank user account as updated by you from time to time in the manner mentioned herein.
"Officer" means any director, officer, employee or staff of SME Bank.
“OTP on SMS” is a six (6) digits code that is sent to your Mobile Number as appear in SME Bank’s record.
"One Time Password" (OTP) is a security feature that has been implemented to provide second layer of protection in respect of your Financing Application, in addition to your MySMEBank User ID and Online Application Password. It is a unique, 6 digit code that needs to be entered for specific Financing Application which may be sent to you via OTP on SMS.
| 1 | Registration Requirement |
| 1.1 | You are required to register yourself via our website i.e. www.smebank.com.my before you may access and use MySMEBank. |
| 1.2 | Notwithstanding Clause 1.1 above, the acceptance of such registration will be subject at all times to SME Bank's sole and absolute discretion and SME Bank reserves the right to accept or reject your registration and in case where your registration are accepted, to deny your ability to access MySMEBank, to limit your access or to revoke your access to MySMEBank without being obliged to provide any reason of such rejection. |
| 1.3 | For the avoidance of doubt, you agree that SME Bank has the absolute right to revoke your Financing Applications submitted via MySMEBank in the event: |
| 1.3.1 | you fall within the category of the entity that SME Bank is restricted to finance as listed in the Disclaimer; or |
| 1.3.2 | in the event you and SME Bank are “Connected Parties”. For the avoidance of doubt, the term “Connected Parties” shall have the meaning as defined in Bank Negara Malaysia (BNM) Policy Document on Financing Facilities with Connected Parties. |
| 2 | MySMEBank Registration Procedures |
| 2.1 | The registration to access and use MySMEBank shall be made by you in the manner as may be guided by the Online Application System. |
| 2.2 | You may be required to provide MySMEBank with certain information which may, in SME Bank's sole opinion, be required in order for SME Bank to effectively provide MySMEBank. Tthis information will be dealt with by SME Bank in the manner mentioned in the Privacy Policy which is accessible via http://www.smebank.com.my/general-info/privacy-policy/. Where the data provided by you relate to personal data, SME Bank will deal the same in the manner provided in Personal Data Protection Notice which is accessible via http://www.smebank.com.my/personal-data-protection-notice/. |
| 2.3 | Subsequent to your successful registration to access and use MySMEBank, you will be required to key in your MySMEBank User ID, your Online Application Password and OTP each time you log on to MySMEBank. |
| 2.4 | You agree and acknowledge that SME Bank has the right to invalidate your MySMEBank User ID and your Online Application Password without being obliged to provide any reason for such invalidation or to respond to any request for information from yourself. Furthermore, you agree and acknowledge that you shall not hold SME Bank liable for any Loss, which you may suffer as a result of such invalidation. |
| 3 | Procedure for Retrieval of MySMEBank User ID and Reset of Online Application Password |
| 3.1 | Should you forget your MySMEBank User ID and/or Online Application Password, you can retrieve your MySMEBank User ID and/or reset your Online Application Password in the manner as may be guided by the Online Application System. |
| 4 | Acceptance Of MySMEBank Terms of Access |
| 4.1 | You acknowledge that by registering yourself to access and use MySMEBank, you shall be deemed to have read, understood and agreed to be bound by the terms and conditions contained in this MySMEBank Terms of Access in your access and use of MySMEBank and you further acknowledge and accept all inherent risks and Loss associated in accessing and using MySMEBank. |
| 4.2 | aaMySMEBank is provided to you on “as is”, “as available”, and with all faults basis. SME Bank disclaims all warranties, express and implied, including, but not limited to, any warranties of merchantability, quality of information, quiet enjoyment, non-infringement, title, or fitness for a particular purpose. SME Bank does not warrant that MySMEBank will be error free, uninterrupted, free from spyware, malware, adware, viruses, worms, or other malicious code, or will function to meet your requirements. SME Bank does not warrant that MySMEBank will work with your operating system or with any other software installed on your computers or mobile devices and disclaims any liability for any Loss arising out of your inability to install MySMEBank and/or your inability to access and/or to fully access MySMEBank.a |
| 4.3 | For the avoidance of doubt and notwithstanding anything contained in this MySMEBank Terms of Access, you agree and acknowledge that in no event shall SME Bank and/or its affiliates be liable for any direct, indirect, special, punitive, exemplary, consequential or any other damages whatsoever, including but not limited to property damage, loss of use, loss of business, economic loss, loss of data or loss of profits, without regard to the form of action (including but not limited to contract, negligence, or other tortious actions) arising out of or in connection with your use and/or access of MySMEBank or from any information, content, materials, products (including software) or other services included in or otherwise made available to you through MySMEBank or any other electronic medium approved by SME Bank even if SME Bank or its employees, representatives or affiliates have been advised of the possibility of such damage or loss. |
| 5 | Responsibility - MySMEBank User ID, Online Application Password And OTP |
| 5.1 | You agree and acknowledge that you shall at all times keep your MySMEBank User ID, Online Application Password and OTP confidential and shall not share or disclose your MySMEBank User ID, Online Application Password and OTP to any person whatsoever, including any Officers of SME Bank. You are under a duty to exercise utmost care, diligence and precautions to safeguard your mobile device from loss, theft or fraudulent use of your mobile device to prevent any unauthorized use of OTP on SMS which is sent to your mobile device. |
| 5.2 | You shall, at all times, observe all security measures as may be prescribed by SME Bank in relation to your MySMEBank User ID, Online Application Password and OTP. Further, you shall take all reasonable precautions necessary to ensure that no other persons have or will be granted access to your MySMEBank User ID, Online Application Password and OTP and such precautions may include, among others, immediately memorizing your MySMEBank User ID, the Online Application Password and OTP, not retaining your MySMEBank User ID, the Online Application Password and OTP in any form except in memory, not leaving your computer and/or your mobile device unattended whilst accessing MySMEBank and ensuring that others do not see your entering of your MySMEBank User ID, the Online Application Password and OTP to access to MySMEBank as well as ensuring you properly log off from MySMEBank upon completion of your access and use thereto. |
| 5.3 | You agree that you shall, at all times, be responsible for all access and/or use of MySMEBank made via your MySMEBank User ID, Online Application Password and OTP whether it was in fact made by you or by any other person(s) purporting to be you. You further consent and agree that your MySMEBank User ID, Online Application Password and OTP will serve as a means of verifying your identity to SME Bank for purposes of the Financing Application contemplated under MySMEBank. In this regard you authorize SME Bank to accept, follow and act upon your Instructions when verifying your identity through your MySMEBank User ID, Online Application Password and OTP and SME Bank shall not be liable for acting upon such Instructions in good faith. |
| 5.4 | If you discover or have reasonable grounds to believe that your MySMEBank User ID, Online Application Password, OTP, your computer and/or your mobile devices has been compromised in any way and/or you have received any statement, data or information which indicates that unauthorized Instruction has taken place or is otherwise not intended for you, you shall immediately notify SME Bank in the manner specified in Clause 12.1 and/or in accordance with such terms, conditions and/or procedures as may be stipulated by SME Bank from time to time. For the avoidance of doubt, all telephone calls made to SME Bank's Consumer Care Centre shall be logged by SME Bank. |
| 5.5 | Subject to Clause 5.7, until SME Bank receives and logs such notification under Clause 5.4 above, you shall be liable for all such Instruction, which are conducted through MySMEBank, whether or not the same were conducted or authorized by you. For the avoidance of doubt, you shall be liable for all such Instruction conducted through MySMEBank up to the point of time notification is made and logged pursuant to Clause 5.4 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 MySMEBank User ID, Online Application Password and OTP has been compromised in any way and/or you have received any statement, data or information which indicates that an unauthorized Instruction 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 Instruction 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 is received and logged by SME Bank subject to Clause 5.7 below. |
| 5.6 | Upon SME Bank's receipt of your notification made pursuant to Clause 5.4 above, you agree and acknowledge that SME Bank may, at its sole right and discretion, suspend your access to MySMEBank until a new MySMEBank User ID, Online Application Password and OTP (as the case may be) is issued or applied for and such reported/unreported discrepancies are resolved by SME Bank. |
| 5.7 | Notwithstanding anything contained herein and for the avoidance of doubt, where the unauthorized use of your MySMEBank User ID, Online Application Password, OTP, your computer or your mobile device 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 5.4 above. |
| 5.8 | In addition, you are responsible for your own computer(s) and mobile device(s) anti-virus and security measures to prevent unauthorized access to your Financing Application via MySMEBank. You must follow any other security rules prescribed by us whether in the website, under any other terms and conditions governing your access and use of MySMEBank, or otherwise notified to you by us in any way. |
| 6 | Instructions And Authorisations |
| 6.1 | You shall, at all times, be responsible for all Instructions transmitted to SME Bank via your MySMEBank User ID, Online Application Password and OTP regardless of whether they were made by you or someone purporting to be you and you hereby agree and acknowledge that SME Bank would be entitled to rely on and treat any Instructions made, submitted or effected pursuant to the use and entry of your MySMEBank User ID, Online Application Password and OTP as having been made, submitted and effected by you and accordingly, SME Bank shall not be responsible or liable for any Loss which you may suffer, whether directly or indirectly, as a result of the same. |
| 6.2 | All Instructions transmitted to and/or received by SME Bank through your MySMEBank User ID, Online Application Password and OTP shall be deemed as regular and genuine Instructions made by you. For the avoidance of doubt, SME Bank is under no obligation to verify the said Instructions with you to determine its authenticity but SME Bank may, at its sole right and discretion, do so for its own purposes. |
| 6.3 | Subject to Clause 6.6 below, all Instructions transmitted via your MySMEBank User ID, Online Application Password and OTP shall be irrevocable and binding on you upon transmission. |
| 6.4 | You hereby authorize SME Bank to accept and act upon any Instructions made by you in respect of MySMEBank including but not limited to withdrawal(s), to transfer(s) or to otherwise deal with your Financing Application without any further authority required from you. Further, you agree and acknowledge that subject to SME Bank having received notification from you pursuant to Clause 5.4 herein, SME Bank will be deemed to have been duly authorized by you to accept and act upon Instructions to SME Bank made via your MySMEBank User ID, Online Application Password and OTP whether or not such Instructions were in fact made by you or any other person(s) purporting to be you. |
| 6.5 | Subject to Clause 6.6 below, if you discover or have reason to believe that the Instructions transmitted to or received by SME Bank are neither accurate nor complete, you shall inform SME Bank immediately via telephone in the manner specified in Clause 12.1 herein. For the avoidance of doubt, all telephone calls made to SME Bank's Consumer Contact Centre shall be logged by SME Bank. |
| 6.6 | SME Bank shall not be obliged to act on any request to cancel, revoke, reverse or amend any Instructions after it has been transmitted by you to SME Bank. SME Bank 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. For the avoidance of doubt, SME Bank may levy a charge upon you for doing so. |
| 6.7 | SME Bank 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 of this MySMEBank Terms of Access or are inconsistent with any of SME Bank's policies and other rules and regulations governing the access and use of MySMEBank as may be in effect from time to time. |
| 6.8 | In the event that SME Bank decides to act upon and/or carry out any Instructions or is otherwise under an obligation to act upon and/or carry out any Instructions, SME Bank shall be allowed such amount of time to act upon and implement any Instructions as may be reasonable having regards to the systems and operations of SME Bank and any other circumstances then prevailing and accordingly, SME Bank shall not be responsible or liable for any Loss arising from any delay on the part of SME Bank in acting upon and/or carrying out any such Instructions. |
| 6.9 | Where any Instruction is ambiguous and/or inconsistent with any other Instructions, SME Bank shall be entitled to rely and act upon such Instruction in accordance with any reasonable interpretation thereof which any Officer believes in good faith to be the correct interpretation of the same or refuse to act until SME Bank receives a fresh Instruction(s) in such form and manner as required by SME Bank. |
| 6.10 | You shall be solely responsible for the security and care of the computer(s) or mobile device(s) used to generate and/or receive the OTP on SMS. SME Bank shall not be responsible for any fraudulent or unauthorized Instruction arising from the loss or compromise of the OTP on SMS or any other computer(s) or mobile device(s) used to generate and/or receive the OTP on SMS. Any loss, theft, remote takeover or interception of the OTP on SMS and/or any other device used to generate and/or receive OTP on SMS including your mobile telecommunication device must be promptly notified to SME Bank in the manner mentioned in Clause 12.1 herein and you shall remain responsible for any unauthorized Instructions which took place as a result of such loss or theft. |
| 7 | MySMEBank |
| 7.1 | Subject to the terms and conditions of this MySMEBank Terms of Access, SME Bank offers you with the following services (as applicable) through MySMEBank: |
| 7.1.1 | Submission of Financing Applications; and |
| 7.1.2 | Monitoring the Financing Application status. The above services will be provided by SME Bank to you in accordance with SME Bank Customer Service Charter, which is accessible via http://www.smebank.com.my/customer-service/customer-service-charter/. |
| 7.2 | Where new service(s) are introduced through MySMEBank in addition to the services mentioned under Clause 7.1 above, you agree and acknowledge that by utilizing such new service(s) you shall be bound by the terms and conditions in force governing such new service(s). |
| 7.3 | For the avoidance of doubt and notwithstanding anything contained in this MySMEBank Terms of Access, you agree and acknowledge that SME Bank reserves the sole right and discretion to limit, cancel or suspend any or all of the services offered through MySMEBank in whole or in part at any time without giving any reason or explanation of the same and without incurring any liability whatsoever to you for doing so by giving you adequate prior notice unless the giving of such prior notice is not feasible to prevent unauthorized Instruction, fraud, abuse, misuse, criminal act, offence or violation of any law or regulation which SME Bank know or have reason to believe has been or will be committed. Further thereto, SME Bank may also add, withdraw or change the types of Financing Applications that may be available or carried out through MySMEBank. |
| 8 | Financing Application Information |
| 8.1 | You agree and acknowledge that any information pertaining to your Financing Application as reported through MySMEBank may not necessarily reflect or indicate Instructions that are yet to be processed and updated and therefore, should not be taken as conclusive of your Financing Application status with SME Bank. |
| 9 | Financing Application Processing |
| 9.1 | You agree that the Financial Applications submitted through MySMEBank will be processed by SME Bank in accordance with the Client Charter which is accessible via http://www.smebank.com.my/customer-service/client-charter/, which may be changed by SME Bank from time to time. |
| 9.2 | You further agree that you shall comply with the specific terms and conditions imposed by SME Bank in respect of the Financing Applications submitted by you via MySMEBank. You shall keep yourself informed, updated of and adhered to SME Bank's relevant and applicable policies and practices and other terms applicable to your Financing Applications as provided by SME Bank from time to time. |
| 10 | Disclosure Of Information |
| 10.1 | You hereby expressly authorize and permit SME Bank to divulge, reveal and/or otherwise disclose any and all particulars and information relating to yourself or your Financing Application submitted by you via MySMEBank or dealings between you and SME Bank: |
| 10.1.1 | To any of its subsidiaries, affiliates, business partners and/or any other persons to the extent necessary to verify or to respond to your Instruction; |
| 10.1.2 | To the Government, fund provider, ministries or other authorities, agencies or bodies which have jurisdiction over SME Bank; |
| 10.1.3 | To verify the existence and condition of your Financing Application to a third party such as a credit bureau or merchant; |
| 10.1.4 | To provide services relating to your Financing Application, products and services unless you duly inform us otherwise; |
| 10.1.5 | In connection with examination by banking authorities; |
| 10.1.6 | To protect and defend SME Bank and its property; |
| 10.1.7 | To the auditor, lawyer or professional advisors appointed by SME Bank; |
| 10.1.8 | To the collateral provider under the financing facility; |
| 10.1.9 | To SME Bank’s group of companies; |
| 10.1.10 | In accordance with any subpoena or other legal provisions or in connection with any legal action, suit or proceeding related to financing facilities; |
| 10.1.12 | According to any law, regulations, government agencies and authorities in Malaysia and elsewhere including court orders and requests ; and |
| 10.1.12 | As required by Bank Negara Malaysia. Subject to MySMEBank’s Personal Data Protection Notice (which is accessible via http://www.smebank.com.my/personal-data-protection-notice/), you further expressly authorize and permit the disclosure of any and all particulars and information relating to yourself or your Financing Application submitted by you via MySMEBank or dealings between you and SME Bank to SME Bank’s group of companies to simplify the operations, businesses, cross-selling and other purposes of SME Bank and/ or its subsidiaries. Further, where SME Bank intends to share your information (excluding information relating to your affairs or Financing Application) with third parties for strategic alliances, marketing and promotional purposes, SME Bank shall ensure that consent from you has been obtained. |
| 10.2 | You authorize SME Bank to procure any information from any person, organization, authority, company, corporate or unincorporated body or any other entity as SME Bank may in good faith deem fit in connection with your Financing Application and authorize the disclosure by such person of any information required by SME Bank. |
| 10.3 | In submitting to SME Bank your Financing Application, Instructions or in continuing with the Financing Application or the use of MySMEBank, you shall be deemed to have conferred upon SME Bank in such Financing Application or by such conduct as the case maybe, your due authorization and permission for such disclosure in accordance with the terms hereof. |
| 10.4 | Though SME Bank shall endeavour to ensure the security of your information which is transmitted through MySMEBank, you agree and acknowledge that SME Bank does not make any warranties in respect of the same and you hereby accept the risk associated with the use of the Internet medium including but not limited to the risk that all information transmitted through MySMEBank may be accessed by unauthorized third parties and accordingly, you shall not hold SME Bank responsible or liable for any such unauthorized access, theft of information or any Losses resulting therefrom. |
| 11 | Your Responsibility And Undertakings |
| 11.1 | 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 MySMEBank at your own risk and expense. |
| 11.2 | You shall be responsible to maintain with a Network Service Provider whatever is necessary for your access to MySMEBank 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. |
| 11.3 | You agree and acknowledge that SME Bank will not be held liable for your inability to access MySMEBank or any part thereof, the rejection of your Financing Application, the incorrect processing of your Financing Application as a result of your failure to maintain 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 SME Bank. |
| 11.4 | You agree to observe all security measures in relation to your Financing Application and the access to and use of MySMEBank as specified in this MySMEBank Terms of Access and any other rules and regulations, policies or guidelines as may be in force in relation thereto. |
| 11.5 | You shall furnish SME Bank with complete, accurate and timely data, information and Instructions in relation or in connection with any Instruction made through MySMEBank. |
| 11.6 | You shall not initiate any claims, actions or suits against SME Bank, for any unauthorized use of MySMEBank whether as a result of your MySMEBank User ID, Online Application Password or OTP being compromised or otherwise and neither shall SME Bank be responsible or liable for the same. |
| 11.7 | You shall not interfere with the access to and use of MySMEBank by other customers and you shall not use MySMEBank for any purpose other than conducting authorized Instruction pertaining to your Financing Application. You shall also not hack, attempt to hack or gain unauthorized access, whether directly or indirectly, into MySMEBank or any other customer's Financing Application, for any purpose whatsoever. |
| 11.8 | You shall observe all reasonable propriety and etiquette in your communications with SME Bank and shall not communicate any obscene, defamatory information or any information, document or material against the law to SME Bank whether through MySMEBank or otherwise. |
| 11.9 | You shall not install or use MySMEBank on a jail-broken or rooted mobile device(s). Unauthorized modifications to any mobile device(s) operating systems ("jail-breaking or rooting") bypass security features and can cause numerous issues to the hacked devices. SME Bank strongly cautions against installing MySMEBank in any hacked mobile device(s) as such mobile device(s) are vulnerable to fraudulent attacks and may expose your MySMEBank User ID, Online Application Password or OTP being used by unauthorized persons and or lead to unauthorized access and/or use of MySMEBank and your MySMEBank User ID, Online Application Password or OTP by any person, whether remotely performed or otherwise. You shall remain solely liable for any Loss and shall indemnify and hold SME Bank harmless against any Loss arising from your use of a jail-broken or rooted mobile device(s) and you shall not hold SME Bank responsible or liable for any such unauthorized access, theft of information or any Loss resulting therefrom. SME Bank expressly disclaims liability for any Loss that you may incur or suffer (including losses due to unauthorized Instruction which is due to, arising from or as a consequence of your use in such jail-broken or rooted mobile device(s), hardware or software and SME Bank shall not be liable for any Loss or any other consequences in relation to any mobile device(s), hardware or software in connection with MySMEBank which are damaged, corrupted or fail to work and by virtue of the same being offered or caused by jail-breaking or rooting. |
| 11.10 | You shall be under a duty to use utmost care, diligence and precautions to prevent the loss, theft or fraudulent use of your mobile device and to prevent the disclosure of the OTP on SMS sent to you, to any person. You agree to observe all reasonable measures to notify Customer Care Centre immediately of any change in your registered mobile number or in the event of theft or lost of your mobile device and/or disclosure of your OTP on SMS which is sent to you, to any person. You shall indemnify and hold SME Bank harmless against any liability for loss, damage, costs and expenses (legal or otherwise) arising from the breach of such duty. |
| 12 | Error Reporting, Queries and Complaint |
| 12.1 | Should you wish to report any error or make any queries or complaints in relation to MySMEBank, you may do so in the manner provided in http://www.smebank.com.my/customer-service/how-to-contact-us/. |
| 12.2 | SME Bank will handle your complaint in the manner provided in http://www.smebank.com.my/customer-service/make-a-complaint/. |
| 12.3 | SME Bank will manage your complaint in accordance with Customer Complaint Charter, which is accessible via http://www.smebank.com.my/customer-service/complaint-management/. |
| 12.4 | Subject to Clause 12.5, you may be required to disclose to SME Bank all relevant details and information relating to any report, query or complaint including but not limited to your name, the relevant Financing Application number(s), a description of any such error, query or complaint, date of the disputed Instruction 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 Instruction, query or complaint, as maybe relevant or any other relevant details and information requested by SME Bank. Notwithstanding the same, you shall not, at any time and under any circumstances whatsoever, disclose your MySMEBank User ID, Online Application Password or OTP to any SME Bank’s staff or representative. |
| 12.5 | You shall, at your own cost, co-operate and assist SME Bank in the conduct of its investigations, including where necessary, allowing SME Bank and its investigation team to access the computer(s) and/or mobile device(s) used for the disputed Instruction within the period determined by SME Bank from the date you reported your query or complaint as stated in Clause 12.1. You agree that SME Bank shall not be held responsible or liable for the delay in the conduct of its investigations or non-performance or non-completion of the investigations in the event you fail to provide your co-operation and assistance to SME Bank in the manner required under this Clause 12.5. |
| 13 | Statements, Confirmation And Advice |
| 13.1 | Where SME Bank sends or delivers to you a confirmation or advice via MySMEBank, you shall verify each and every such confirmation or advice and shall give SME Bank written notice of any such error or omission in any such confirmation or advice immediately from the date of the said confirmation or advice failing of which, such confirmation and advice shall as against you be deemed as true, correct and accurate as regards to the Financing Application stated therein and shall be conclusive evidence of the Instruction and your liability to SME Bank . |
| 14 | Updating Of Customer's Particulars |
| 14.1 | You shall promptly notify SME Bank of any changes or variations in your personal particulars and SME Bank shall be entitled to assume that there have been no changes or variations until SME Bank has received notice thereof given by you. Provision of such particulars during the Financing Application process in MySMEBank does not deem automated updating of your personal particulars. |
| 15 | Exclusions Of Liability |
| 15.1 | SME Bank shall use all reasonable efforts to ensure the operation and provision of MySMEBank. However, you agree and acknowledge that SME Bank does not make any warranties or representations of any kind whatsoever with respect to MySMEBank, whether express or implied and SME Bank shall not be responsible or liable for any Loss whatsoever howsoever arising whether in tort, contract or indemnity, in relation to the provision of MySMEBank whether suffered by you or any other person. |
| 15.2 | Without limiting the generality of Clause 15.1 above, SME 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:- |
| 15.2.1 | 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, SME Bank or any other person, including but not limited to the failure of any such equipment or system to accept, recognize or process any MySMEBank User ID, Online Application Password, OTP or Instruction; |
| 15.2.2 | Any malfunction, breakdown, disruption and/or unavailability of MySMEBank or any portion thereof, howsoever arising; |
| 15.2.3 | Any of the services not being accessible, available or functioning; |
| 15.2.4 | Any failure or delay caused by your Internet browser or other software, computer virus or related problems; |
| 15.2.5 | The corruption, destruction, alteration, loss of or error in your Instructions or any data or information in the course of transmission through MySMEBank; |
| 15.2.6 | Any intrusion, interference or attack by any person, virus, Trojan Horse, worms, macros, malicious programs or other harmful components or deleterious programs or files; |
| 15.2.7 | Any use of MySMEBank on a jail- broken or rooted mobile device; |
| 15.2.8 | Any loss, theft or unauthorized use of your MySMEBank User ID, Online Application Password and OTP,; |
| 15.2.9 | Any remote interception as a result of a malicious program stored in any telecommunications, computer or any other devices whether or not owned, operated or maintained by you. |
| 15.2.10 | Any purported access to and use of MySMEBank, MySMEBank User ID, your Online Application Password, OTP as well as any other software or hardware provided by SME Bank to you, if any; |
| 15.2.11 | Any malfunction or breakdown in the software or hardware provided by SME Bank to you, if any; |
| 15.2.12 | Any unauthorized access and/or use of MySMEBank by any person, whether remotely performed or otherwise; |
| 15.2.13 | Any prohibition, suspension, delay or restriction of your access to MySMEBank by the laws and regulations of any country from which you access MySMEBank; |
| 15.2.14 | Any prohibition, suspension, delay or restriction of your access to MySMEBank caused by, relating to or in connection with your Network Service Provider; |
| 15.2.15 | Any inaccuracy or incompleteness of information, data or Instructions given by you; |
| 15.2.16 | Your inability to perform any Instruction due to limits set by SME Bank from time to time; |
| 15.2.17 | Your failure, neglect or omission to act in accordance with the terms and conditions of this MySMEBank Terms of Access and any other rules, regulations, policies and guidelines currently in force; |
| 15.2.19 | Any delay in the delivery or non-delivery or any documents or materials, whatsoever, as required under this MySMEBank Terms of Access; |
| 15.2.20 | Any event, the occurrence of which is beyond SME 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 which cause the inability of MySMEBank to operate; or |
| 15.2.21 | Any Loss which is caused by third parties. |
| 15.3 | While SME Bank shall make reasonable efforts to ensure that the product information, pricing and rates on their website are accurate and current, there may be instances where inaccurate or incomplete information, pricing or rate is inadvertently displayed. In the event such information, pricing or rate is incorrect or incomplete, SME Bank shall have the right at its sole and absolute discretion, to refuse, avoid, nullify, revise and/or cancel any Financing Applications and or any Instruction effected under the Financing Application and any other Instruction effected due to, arising from or as a consequence of the inaccurate or incomplete information. SME Bank assumes no responsibility for any error or omission in the content of the said website, and expressly disclaims liability for any Loss incurred due to such errors, inaccuracy misstatements or omissions. |
| 15.4 | You agree that so long as SME Bank acts in good faith in acting upon or carrying out any Instructions, SME Bank shall neither be responsible nor liable to you in any respect for any Loss caused by or arising from SME Bank's execution or implementation of such Financing Applications, Instructions or any matter arising therefrom. |
| 15.5 | Without prejudice to the generality of the foregoing and notwithstanding any provision to the contrary in this MySMEBank Terms of Access or in any other terms and conditions governing SME Bank and you, SME 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 SME Bank's obligations to you or otherwise. |
| 16 | Variation |
| 16.1 | SME Bank reserves the right to change, modify, delete, amend, add or vary the terms and conditions of this MySMEBank Terms of Access from time to time without the need to give any notice to you and without any liability whatsoever to you or any other third party for doing so. You are advised to check MySMEBank Terms of Access from time to time. |
| 16.2 | If you continue to use MySMEBank after the effective date of any additional or amended terms and conditions to this MySMEBank Terms of Access, then you shall be deemed to have accepted such additional or amended terms and conditions and agreed to be bound by the same. |
| 17 | Notices |
| 17.1 | Unless otherwise specified herein to the contrary, all notices and communications by SME Bank in relation to MySMEBank may be given by SME Bank in any one of the following manners: |
| 17.1.1 | By registered post to your last address in SME Bank's records; |
| 17.1.2 | By ordinary post to your last address in SME Bank's records; |
| 17.1.3 | By facsimile, e-mail or other forms of instantaneous communication to your last known contact number or e-mail address in SME Bank's records; |
| 17.1.4 | By display at SME Bank's premises, including those of its branches; |
| 17.1.5 | By display on the screen upon your access to MySMEBank or on SME Bank website; or |
| 17.1.6 | By any other manner as SME Bank deems fit. |
| 7.2 | All notices and communications sent by SME Bank to you, shall, unless otherwise specified herein or in the said notice or communication, be deemed to have been received and effective, as follows: |
| 17.2.1 | If by registered post, upon acknowledgement of receipt; |
| 17.2.2 | If by ordinary post, two (2) days after posting for peninsular Malaysia and five (5) days after posting for Sabah & Sarawak and places outside of Malaysia; |
| 17.2.3 | If by facsimile, e-mail or other instantaneous communication, when despatched; and |
| 17.2.4 | If by display (whether at SME Bank's premises or on the screen upon your access to MySMEBank or on SME Bank’s website) upon such display being made. |
| 17.3 | All notices and communications to SME Bank (other than reporting any error or make any queries or complaints in relation to MySMEBank, which shall be made in the manner provided in Clause 12.1 herein) shall unless specified herein, be in writing, signed by you and sent to SME Bank, at SME Bank's address as specified herein or any other address as may be notified to you from time to time. |
| 17.4 | Subject to anything herein to the contrary, all notice(s) from you to SME Bank shall take effect only upon SME Bank (as the case may be) duly recording the same in its records. |
| 18 | Termination |
| 18.1 | Subject to Clause 18.3, you agree and acknowledge that SME Bank may at its sole right and absolute discretion, suspend, terminate or restrict your access to MySMEBank or any part thereof for any reason, without the need to give any notice to you and without any liability whatsoever to you or any other third party for doing so. |
| 18.2 | Notwithstanding the generality of Clause 18.1, SME Bank may terminate, suspend or restrict your access to MySMEBank immediately without the need to give any notice to you and without any liability whatsoever to you or any other third party for doing so in the following circumstances:- |
| 18.2.1 | You have not logged on to MySMEBank for a certain period continuously (as determined by SME Bank) from the last date of your successful log on to MySMEBank; |
| 18.2.2 | You breach any term, condition or provision of this MySMEBank Terms of Access or any other term, condition or provision laid down by any legal, regulatory or other authority or body relevant hereto; |
| 18.2.3 | If you fail to pay any charges, fees or taxes when due (if applicable); |
| 18.2.4 | If you have provided SME Bank with false or incomplete information for your access to or use of MySMEBank; |
| 18.2.5 | If you become, threaten or resolve to become or is in jeopardy of becoming subject to any form of insolvency administration; |
| 18.2.6 | If, in SME Bank's opinion, it is in the public interest to do so; |
| 18.2.7 | If, in SME Bank’s opinion, it is required to facilitate investigation on matters pertaining to suspected fraudulent or unauthorized usage; or |
| 18.2.8 | If SME Bank 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 MySMEBank regardless of whether the relevant authorities have the legal or valid authority to request SME Bank on the same. |
| 18.3 | You may terminate your access to and use of MySMEBank at any time, by giving prior written notice to SME Bank. The notification will not be effective until SME Bank has received your notice, acknowledges it and proceeds to terminate your access to and use of MySMEBank or the relevant portions thereof. |
| 18.4 | You agree that upon termination under Clause 18.1, Clause 18.2 and Clause 18.3 above, your right to access to and use MySMEBank as provided under this MySMEBank Terms of Access shall be automatically terminated. |
| 18.5 | Notwithstanding Clause 18.4 above, you agree and acknowledge that such termination does not affect your liabilities or obligations in respect of Instructions received by SME Bank prior to such termination that have been processed or are being processed by SME Bank whereby your liabilities or obligations in respect of such Instructions shall remain effective. |
| 18.6 | You further agree and acknowledge that where an Instruction was received by SME Bank prior to such termination herein but has not been processed, and your access to MySMEBank is thereafter terminated, you shall neither hold SME Bank responsible nor liable for any failure to process the said Instruction. |
| 18.7 | Any rights and obligations under this MySMEBank Terms of Access which by their term and sense would survive the termination of this MySMEBank Terms of Access in any way, shall continue to be in full force and effect notwithstanding the termination herein. |
| 19 | Indemnity |
| 19.1 | In addition and without prejudice to any other right or remedy of MySMEBank Terms of Access, you shall indemnify and hold SME Bank harmless from and against any and all Loss suffered or incurred by SME Bank as a result of any of the following: |
| 19.1.1 | Any failure by you to comply with any of the terms and conditions of this MySMEBank Terms of Access; and/or |
| 19.1.2 | SME Bank acting in any manner pursuant to any of your Instructions given through MySMEBank. |
| 19.2 | You agree and acknowledge that your obligation to indemnify SME Bank herein shall survive the termination of this MySMEBank Terms of Access. |
| 20 | Evidence |
| 20.1 | You agree and acknowledge not to dispute the validity, accuracy or authenticity of any evidence of your Instructions and/or communications transmitted between SME Bank and you through MySMEBank, including but not limited to any evidence in the form of SME Bank's computer records which may take the form of, among others, telephone logs, Instruction logs, computer printouts of any communication and any other form of information and data storage, all of which having been produced by SME Bank's computers in the course of their ordinary use. |
| 20.2 | Pursuant to Clause 20.1, you further agree and acknowledge that it shall refer and at all times, treat all of the said computer records of SME Bank therein as conclusive evidence of your Instructions and/or communications received or sent by SME Bank. |
| 20.3 | Notwithstanding anything contained in this MySMEBank Terms of Access, you agree and acknowledge that all your Instructions and/or communications which are sent to SME Bank through MySMEBank and meet the operating standards and requirements of SME Bank shall be deemed to be as good as, and given the same effect as, written and/or signed documentary communications. |
| 21 | Dokumen |
| 21.1 | You hereby confirm that all the documents uploaded by you in MySMEBank are accurate, correct, updated, complete and that there is no false or misleading statement contained in, or material omission from, the documents uploaded by you in MySMEBank. |
| 21.2 | You hereby authorize SME Bank to verify the documents provided with any other party, and furnish it to those who are deemed necessary by SME Bank. |
| 21.3 | You hereby agree that SMEBank reserves the right to reject the Financing Application if the documents provided are deemed to be incorrect. |
| 21.4 | You agree and acknowledge that SME Bank reserves the right to remove, destroy or delete the documents uploaded by you from MySMEBank if you have not logged on to MySMEBank for a certain period continuously as may be determined by SME Bank. |
| 22 | General |
| 22.1 | The failure or delay on the part of SME Bank in exercising any right, power, privilege or remedy under this MySMEBank Terms of Access 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 SME Bank. Any waiver by SME Bank shall not operate as a waiver of any subsequent default by you. |
| 23 | Governing Law and Jurisdiction |
| 23.1 | Notwithstanding from where you gain or attempt to gain access to MySMEBank, you agree that this MySMEBank Terms of Access 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 for any issue or dispute arising from this MySMEBank Terms of Access. |
