PART B: TERMS AND CONDITIONS OF BANK ISLAM MALAYSIA … · Bank Islam, Bank Islam's rules and...

PART B: TERMS AND CONDITIONS OF BANK ISLAM MALAYSIA BERHAD INTERNET BANKING SERVICES (Effective Date: 15 April 2019)

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These Terms and Conditions govern the Customer's use of Bank Islam Malaysia Berhad's Internet Banking Services (as hereinafter

defined). It is to be read together with the Terms and Conditions of Bank Islam Mobile App, Bank Islam Debit Card-i and the relevant

Account(s) (as hereinafter defined) which may be accessed by Customer through the Internet Banking Services. Customers are advised to read and understand the abovementioned Terms and Conditions before subscribing for any products or services and/or participate in any of Bank Islam’s campaigns and promotions.

Definitions

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

meaning:

Terms Definition

"Account(s)" One or more of Customer's savings, current, credit card, financing, investment or any other accounts with

Bank Islam which may be accessed through the Internet Banking Services as may be determined by Bank

Islam from time to time.

"Account Terms" The terms and conditions of the relevant Account(s) which may be accessed through the Internet Banking

Services.

“Affiliates” Any entity, company, corporation or institution which may offer products, services, content or information

on Internet Banking Services from time to time.

“ATM PIN” The six digit numeric Personal Identification Number for a Debit Card issued to the Customer under the

Customer’s Account.

“Authentication” Any form to authenticate or verify the Customer’s identity or Instructions as determined by Bank Islam

including but not limited to:

a) Card Number;

b) ATM PIN;

c) Password;

d) Secure Code;

e) IAC;

f) User ID; and/or

g) Bank Islam Mobile App

"Bank" Bank Islam Malaysia Berhad (no. 98127-X), a company incorporated in Malaysia having its registered office

at 32nd Floor, Menara Bank Islam, No. 22 Jalan Perak, 50450 Kuala Lumpur and includes its successors-

in-title and assigns.

“Bank Islam Mobile

App”

An application that form a stronger two factor authentication (2FA) for selected transactions performed via

Bank Islam Internet Banking.

"Banking Services" Products and services of Bank Islam that are made available to the Customer on Bank Islam’s Internet

Banking Services.


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Terms Definition

"Business Day" Any day from Monday to Friday on which Bank Islam is open for business in Kuala Lumpur, Malaysia, but

does not include any public holiday.

“Card Number” The sixteen digit number of a Debit Card as assigned by Bank Islam in relation to Customer’s Account, as

Customer may have or as may be opened by Customer, with Bank Islam.

"Customer" The person or persons in whose name(s) the Account(s) is/are maintained with Bank Islam.

“Debit Card” Any Debit Card-i issued by Bank Islam to Customer providing electronic access to the Customer’s current

and/or savings and/or Al-Awfar account, and to allow the Customer to effect any transactions subject to the

Terms and Conditions of Bank Islam Debit Card-i.

“FAQ” The frequently asked questions that is available at https://www.bankislam.biz/.

“FPX” FPX facilitates Customer to make secure online real-time payments from the Customer’s Account to FPX

Sellers.

“FPX Sellers” A company / organization / government agency that has been registered and authorized to receive payment

from Customer via FPX system.

“IAC” i-Access Code, an additional security authentication comprises a unique 6-digit code that is auto-generated

together with Secure Code and delivered to the Customer’s registered mobile number once requested

through the Internet Banking Services.

“Instructions” Any request, application, authorisation or instructions in whatever form given or transmitted through Internet

Banking Services to Bank Islam by Customer or any other persons purporting to be Customer, whether

authorised or unauthorised.

"Internet Banking

Services "

Online service where the Customer may access the Banking Services using personal computers or any

electronic devices through an internet browser. This service shall be subject to the Terms and Conditions

herein contained.

“Instant Transfer” or

“IBFT”

Real-time e-payment service which allows Customer to instantly and securely transfer funds from the

Account to another account in another bank.

“Loss” Any and all losses, damages (financial and otherwise), injuries, embarrassments, costs, charges, taxes,

duties, levies, penalties and/or expenses whatsoever, including legal fees on a full indemnity basis.

“Network Service

Provider”

Any internet service provider or commercial online service provider providing connection to the internet.

“OFS” The Ombudsman for Financial Services, a dispute resolution body replacing Financial Mediation Bureau

(FMB).

https://www.bankislam.biz/


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Terms Definition

"Password" A unique string of characters (includes alphanumeric and selected symbols) chosen by Customer and

known only to Customer and Bank Islam's computer system, constitutes the other part of Customer’s

electronic signature, which must be keyed in by Customer in order for Internet Banking Services system to

authenticate Customer's User ID and grant Customer access to the Internet Banking Services.

“Private Image” An additional security measure to assist the Customer in identifying the valid Bank Islam Internet Banking

site. The image is selected by the Customer during the first-time login process and Customer may change

it anytime upon successful login.

“Private Word” An additional security measure to assist the Customer in identifying the valid Bank Islam Internet Banking

site. The word is entered by the Customer during the first-time login process and Customer may change it

anytime upon successful login.

“Registered Mobile

Number”

Customer’s mobile number that Customer provide to Bank Islam during the opening of account, during the

Customer’s Internet Banking Services registration process or as and when the Customer update the mobile

number at Bank Islam’s branch or ATM.

"Ringgit Malaysia"

or "RM"

The lawful currency of Malaysia.

“Secure Code” An additional security authentication comprises a unique 4-alphabet code that is auto-generated together

with IAC by the system upon request by Customer and delivered to Customer’s registered mobile number.

The 4-alphabet code sent to Customer’s registered mobile number must match against the 4-alphabet code

appeared on transaction page.

“Security Questions

and Answers”

A set of questions and answers that is being used as an additional level of identity verification. The security

questions and answers are set up by the Customer during the Customer’s Internet Banking Services

registration process and Customer may change it anytime upon successful login.

“Services” The banking services offered by Bank Islam via the internet or any other electronic medium approved by

Bank Islam, in accordance with the Terms and Conditions of Bank Islam Malaysia Berhad Internet Banking

Services.

"Service Provider" Billing corporations approved by Bank Islam from time to time and displayed on the Internet Banking

Services bill payment screen.

"Third Party

Accounts"

An account to which the Customer wish to make a fund transfer either within Bank Islam or outside Bank

Islam.

"Terms and

Conditions"

These Terms and Conditions governing the use of the Internet Banking Services.


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Terms Definition

“User ID” A unique name made up of a string of characters chosen by the Customer, constitutes one part of the

Customer’s electronic signature hereunder and is the only means by which to allow Bank Islam to identify

the Customer, which must be keyed in by the Customer in order for Internet Banking Service system to

associate the User ID with the Customer's user profile and Account(s).

Miscellaneous Interpretation

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

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

c) All references to provisions of statutes include subsidiary legislation and all modifications, re-certification and re-enactment

of or to such statutes and subsidiary legislations from time to time and for the time being in force.

d) Any banking term not specifically defined or described herein shall be construed in accordance with the general practice of

banks and finance companies in Malaysia. Any term relating to computer technology not specifically defined or described

herein shall be construed in accordance with general practice and the custom of trade of computer companies and the

information technology industry in Malaysia.

e) In the event of any conflict in the interpretation of these Terms and Conditions and any translation of the Terms and Conditions

in any language, the English version of these Terms and Conditions shall prevail.

1. Application And Enrolment to the Internet Banking Services

1.1 Subject to the terms and conditions herein, Internet Banking Services is made available for the application and enrolment

to the Customers, which have one or more existing Accounts with Bank Islam.

1.2 Non-Account holders may enroll for Internet Banking Services only after physically opening an Account with Bank Islam.

1.3 To enroll for Internet Banking Services, Customer must be 18 years and above, and will be required to have a Debit Card.

1.4 Existing Customers who do not own a Debit Card, must first apply for a Debit Card in relation to the existing Account with

Bank Islam.

1.5 Any application to enroll for Internet Banking Services and access thereto, will be subject at all times to Bank Islam's sole

and absolute discretion and Bank Islam reserves the right to accept or reject an application, to deny Customer’s ability to

access Internet Banking Services, to limit Customer’s access or transactions or to revoke Customer’s access to Internet

Banking Services without being obliged to provide any reason of such rejection.

2. Account Terms and Conditions


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2.1 Customer’s use of the Internet Banking Services are governed by these Terms and Conditions, which are to be read

together with the relevant Account Terms, the terms and conditions governing the accounts, services and/or products of

Bank Islam, Bank Islam's rules and regulations and the rules and regulations of any funds transfer system to which Bank

Islam belongs.

2.2 Where there is any conflict or inconsistency between these Terms and Conditions and the relevant Account Terms, these

Terms and Conditions shall prevail to the extent of such conflict or inconsistency.

2.3 The Customers agree to properly maintain and comply with the relevant Account Terms and any other rules and/or

regulations governing Customer's Account(s).

3. Acceptance of Terms and Conditions

3.1 Customer acknowledges that the first time Customer apply to enroll for Internet Banking Services, Customer shall be

deemed to have read, understood and agreed to be bound by these Terms and Conditions and Customer further

acknowledges and accepts all inherent risks associated in conducting any transactions over the Internet or such other

electronic medium approved by Bank Islam.

3.2 Customer agrees to abide by the terms and conditions herein contained in Customer’s access and use of Bank Islam's

Internet Banking Services.

4. Customer’s Responsibility and Undertakings

4.1 The Customer shall, at all times, be responsible for obtaining and using the necessary internet browser and/or any other

hardware and/or software necessary including any new and recent versions thereof, which is necessary to obtain access

to Internet Banking Services at the Customer’s own risk and expense.

4.2 The Customer shall be responsible for the maintenance of any account that the Customer may have with a Network

Service Provider for Customer’s access to Internet Banking Services and the Customer hereby agree, acknowledge and

understand that such access will, to that extent, be subject to the terms and conditions of the Customer’s Network Service

Provider.

4.3 The Customer agrees and acknowledges that Bank Islam shall not be held liable for the Customer’s inability to access

Internet Banking Services or any part thereof, the rejection of the Customer’s transactions, the incorrect processing of

the Customer’s transactions as a result of the Customer’s failure to maintain Customer’s account with the Network Service

Provider or the Customer’s failure to obtain or use the necessary Internet browser and/or other hardware and/or software

including but not limited to any failure to upgrade the relevant Internet browser and/or software or to use the new and

recent versions of the same as may be required by Bank Islam.

4.4 The Customer agrees to observe all security measures in relation to the Customer’s Account(s) and the access to and

use of Internet Banking Services as specified in these Terms and Conditions and any other rules and regulations, policies

or guidelines as may be in force in relation thereto.

4.5 The Customer shall furnish Bank Islam with complete, accurate and timely data, information and Instructions in relation

or in connection with any transactions and performance of any transactions made through Internet Banking Services.


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4.6 The Customer shall not initiate any claims, actions or suits against Bank Islam, for any unauthorised use of Internet

Banking Services whether as a result of the Customer’s Authentication being compromised or otherwise.

4.7 The Customer shall not interfere with the access to and use of Internet Banking Services or Banking Services by other

customers and the Customer shall not use Internet Banking Services for any purpose other than conducting authorised

transactions pertaining to the Customer’s Account(s). The Customer shall also not hack, attempt to hack or gain

unauthorised access, whether directly or indirectly, into Internet Banking Services, any other customer's account(s) and/or

the Banking Service(s), for any purpose whatsoever.

4.8 The Customer shall observe all reasonable propriety and etiquette in the Customer’s communications with Bank Islam

and shall not communicate any obscene or defamatory information to Bank Islam whether through Internet Banking

Services or otherwise.

4.9 The Customer shall keep the Customer’s self-informed and updated of Bank Islam’s relevant and applicable policies and

practices and other terms applicable to the Customer’s Account(s), the Banking Services and Internet Banking Services

as provided by Bank Islam to the Customer.

4.10 Customer shall not install or use Internet Banking Services on a jail-broken or rooted device. Unauthorised modifications

to any tablets’ and mobile devices’ operating systems ("jail-breaking or rooting") bypasses security features and can

cause numerous issues to the hacked devices. Bank Islam strongly cautions against installing Internet Banking Services

in any hacked tablets and mobile devices. Bank Islam expressly disclaims liability for any Losses Customer suffer

(including losses due to unauthorized transactions) or costs Customer incur due to, arising from or as a consequence of

such jail-broken or rooted tablets and mobile devices, hardware or software and shall not be liable for any Losses or any

other consequences of any tablets, mobile devices, hardware or software Customer use in connection with Internet

Banking Services or the Banking Services is damaged, corrupted or fails to work.

4.11 Customer shall at all times ensure that the Internet Banking Services shall be used solely in compliance with the Shariah

principles.

5. Access to the Internet Banking Services

5.1 Use of the Internet Banking Services by the Customer shall be subject to Clause 6 and 10 of these Terms and Conditions

and/or any other time specified by Bank Islam. The Customer's acceptance and agreement and continued acceptance

and agreement of the provision of the Terms and Conditions and of the risks in conducting any transaction over the

Internet.

5.2 Registration:

Registering using Debit Card – the Customer will be required to accept the Terms and Conditions. Upon acceptance, the

Customer is required to enter Card Number and ATM PIN. Upon acceptance of the correct information, the Customer will

be required to create User ID and Password, enter email address, enter Registered Mobile Number, select Private Image,

enter Private Word, and set up Security Questions and Answers. Once successful, the Customer's access to the Internet

Banking Services will be deemed to have been activated and the Customer can then proceed to login using the User ID

and Password.


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5.3 Thereafter, to access the Internet Banking Services, each time the Customer will need to key in User ID and Password,

and verify Private Image and Private Word rendered on the page.

5.4 The Customer agrees that Bank Islam has the right to invalidate their User ID and Password without being obliged to

offer to the Customer any explanation or any reason thereof prior notice and that the Customer shall not hold Bank Islam

liable for any Loss or damage which the Customer may suffer as a result of such invalidation of Customer’s User ID and

Password.

5.5 Self-reset Password and re-registration:

5.5.1 If Customer forgets Customer’s Password, Customer can reset Customer’s Password by going online at

https://www.bankislam.biz/ and clicking on forget password link.

a) Where Customer have a Debit Card issued by Bank Islam together with the ATM PIN for such Debit Card,

Customer shall accept the Terms and Conditions to proceed.

b) Upon acceptance of the Terms and Conditions, Customer shall enter User ID, Debit Card number and ATM

PIN.

c) Upon successful validation of the information in Clause 5.5.1(b) herein, Customer shall create a Password.

d) Upon successful Password creation, Customer shall be notified on successful change of Password and

advised to login.

5.5.2 If Customer forgets Customer’s User ID, please call Bank Islam Contact Center to delete Customer’s User ID.

Then Customer shall go online at https://www.bankislam.biz/ and click first time user tab. Customer shall refer to

Clause 5.2 above for registration.

6. Internet Banking Services

Upon the first time login of the Internet Banking Services and subject to the Customer maintenance of the relevant Account(s)

with Bank Islam, the Customer will be able to access the Banking Services as Bank Islam and/or any other third party may from

time to time, make available to the Customer on the Internet Banking Services.

7. Bank Islam Mobile App

The Customer may be required to authorise Instructions via Bank Islam Mobile App for Internet Banking Services that Bank Islam

deemed as necessary. The Customer shall be notified in writing or in any manner deemed applicable by Bank Islam.

8. Tabung Haji (“TH”) Services

8.1 If the Customer wishes to have access to use TH services for a TH account on Internet Banking Services, the Customer

shall link the TH account with the Customer’s Debit Card. If the Customer wishes to stop having access to use TH services

for the TH account on Internet Banking Services, Customer shall delink the TH account with Customer’s Debit. Card

Linking and delinking a TH account with Customer’s Debit Card are subject to the Terms and Conditions of Bank Islam

Debit Card-i.




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8.2 The use of TH services on Internet Banking Services is subject to the terms and conditions contained herein. The

Customer shall refer to www.bankislam.com.my for the full list of available TH services on Internet Banking Services.

9. Instructions and Authorisations

9.1 The Customer shall, at all times, be responsible for all Instructions transmitted to Bank Islam via the Customer’s

Authentication regardless of whether they were made by the Customer or someone purporting to be the Customer and

the Customer hereby agrees and acknowledges that Bank Islam would be entitled to rely on and treat any Instructions

made, submitted or effected pursuant to the use and entry of the Customer’s Authentication as having been made,

submitted and effected by the Customer and accordingly, Bank Islam shall not be responsible or liable for any Losses

which the Customer may suffer, whether directly or indirectly, as a result of the same.

9.2 All Instructions transmitted to and/or received by Bank Islam through the Customer’s Authentication shall be deemed as

regular and genuine Instructions made by the Customer. For the avoidance of doubt, Bank Islam is under no obligation

to verify the said Instructions with the Customer to determine its authenticity but Bank Islam may, at its sole right and

discretion, do so for its own purposes.

9.3 Subject to Clause 9.6, all Instructions transmitted via the Customer’s Authentication shall be irrevocable and binding on

the Customer upon transmission.

9.4 The Customer hereby authorises Bank Islam to accept and act upon any Instructions made by the Customer in respect

of Internet Banking Services including but not limited to withdrawal(s), transfer(s) or to otherwise deal with the Customer’s

Account(s) without any further authority. Further, the Customer agrees and acknowledge that subject to Bank Islam

having received notification from the Customer pursuant to Clause 29.5 herein, Bank Islam will be deemed to have been

duly authorised by the Customer to accept and act upon Instructions to Bank Islam made via the Customer’s

Authentication whether or not such Instructions were in fact made by the Customer or any other person(s) purporting to

be the Customer.

9.5 Subject to Clause 9.6 below, if the Customer discovers or have reason to believe that the Instructions transmitted to or

received by Bank Islam are neither accurate nor complete, the Customer shall inform Bank Islam immediately via

telephone at its Contact Centre at 03-2690 0900. For the avoidance of doubt, all telephone calls made to Bank Islam's

Call Centre shall be logged by Bank Islam.

9.6 Bank Islam shall not be obliged to act on any request to cancel, revoke, reverse or amend any Instructions for payment

or transfer or any other Instructions after it has been transmitted by the Customer to Bank Islam. Bank Islam, however,

may at its sole discretion, cancel, revoke, reverse or amend an earlier instruction if the Customer’s request to cancel,

revoke, reverse or amend the same is received and effected before the earlier Instruction is executed. For the avoidance

of doubt, Bank Islam may charge the Customer for doing so.

9.7 Bank Islam reserves the right to refuse to carry out any Instructions given by the Customer for any reason, including

without limitation, where such Instructions are in violation of any of the terms and conditions herein contained or are

inconsistent with any of Bank Islam’s policies, Shariah principles or contradicting the Shariah principles or any regulatory

requirements or other rules and regulations as may be in effect from time to time.


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9.8 Subject to Clause 17.6, in the event that Bank Islam decides to act upon and/or carry out any Instructions or is otherwise

under an obligation to act upon and/or carry out any Instructions, Bank Islam shall be allowed such time to act upon and

implement any Instructions as may be reasonable having regards to the systems and operations of Bank Islam and any

other circumstances then prevailing and accordingly, Bank Islam shall not be responsible or liable for any Loss arising

from any delay on the part of Bank Islam in acting upon and/or carrying out any such Instructions.

9.9 Where any instruction is ambiguous and/or inconsistent with any other Instructions, Bank Islam shall be entitled to rely

and act upon such instruction in accordance with any reasonable interpretation thereof which any officer believes in good

faith to be the correct interpretation of the same or refuse to act until Bank Islam receives a fresh instruction(s) in such

form and manner as is required by Bank Islam.

9.10 All Instructions given and transactions effected or made by the Customer on any day after the time stipulated by Bank

Islam as the latest time by which such Instructions or transactions should be effected or made may, at the election of

Bank Islam, be treated as Instructions or transactions given, effected or made on the next Business day immediately

following that day.

9.11 Customer shall be solely responsible for the security and care of the device used to generate and/or receive the

Authentication. Bank Islam shall not be responsible for any fraudulent or unauthorized transactions arising from the Loss

or compromise of the Authentication or any other device used to generate and/or receive Authentication. Any Loss, theft,

remote takeover or interception of Authentication, and/or any other device used to generate and/or receive Authentication,

including Customer’s mobile telecommunication device must be promptly notified to Bank Islam at the address stated

herein and Customer shall remain responsible for any unauthorized transactions which took place as a result of the Loss

or theft.

10. Availability of Service

10.1 The Internet Banking Service is intended to be available 24 hours a day, 7 days a week. However, the Customer

acknowledges that at certain times some or all of the Internet Banking Services may not be accessible due to system

maintenance or reasons beyond the control of Bank Islam. Notwithstanding the above, the Customer acknowledges that

Bank Islam specifically does not warrant that the Internet Banking Service will be available at all times.

10.2 In the event that any or all of the Internet Banking Services are not accessible for whatever reason, the Customer agrees

to use alternative means, including but not limited to Bank Islam's Automated Teller Machine or a Bank branch, to issue

Instructions in respect of the Internet Banking Services.

11. Availability of Funds

11.1 The Customer agrees and accepts that Bank Islam reserves the right to impose such limits and conditions to all the

transactions performed by the Customer through the Internet Banking Services as Bank Islam deems fit from time to time.

The Customer further agrees and accepts that the Customer's transactions is limited to such maximum daily limit that

may imposed by Bank Islam from time to time. The Customer shall ensure that the limit shall be observed.

11.2 In the event that the Customer's account is overdrawn for any reason whatsoever including the exercise by Bank Islam

of its right of set-off or as a result of Bank Islam executing the Customer's Instructions, the Customer shall on demand


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pay to Bank Islam the amount of moneys overdrawn and until such payment, the Customer shall abstain from performing

any other transaction in the Customer's account through Bank Islam Services or otherwise.

12. Updating of Customer’s Particulars

Customer shall promptly notify Bank Islam in writing or by such other means as Bank Islam deems acceptable of any changes or

variations in Customer’s personal particulars and Bank Islam shall be entitled to assume that there have been no changes or

variations until Bank Islam has received notice thereof given by Customer. Provision of such particulars during the enrollment

process in Internet Banking Services does not deem automated updating of Customer’s personal particulars.

13. Account Information

13.1 Bank Islam does not warrant the accuracy of any information pertaining to the Customer’s Account(s) as reported through

the Internet Banking Services.

13.2 The Customer acknowledge that any information pertaining to the Customer’s Account(s), Third Party Account(s) or

transactions as reported through the Internet Banking Services may not always be completely up to date as there may

be transactions and/or Instructions which, without limiting the generality of the foregoing, have yet to be processed by

Bank Islam, require verification of Bank Islam or are in progress. The Customer specifically agrees that the account

balance as reported through the Internet Banking Services shall not, for any purpose whatsoever, be taken as conclusive

of Customer's Account balance with Bank Islam.

13.3 Bank Islam will issue the Customer such Statements of Account as agreed in the relevant Account Terms. A Statement

of Account will include the Internet Banking Services transactions carried out on the Customer’s instruction which are

relevant to the Customer’s Account(s).

Where Bank Islam sends or delivers to Customer Statement of Account, Customer shall verify each and every Statement

of Account as per relevant account product Terms and Conditions.

13.4 E-Statement services

13.4.1. The e-Statement service allows Customers of the Bank Islam that have subscribed to the Bank Islam Internet

Banking service to view, save and print in PDF format or such other format as may be made available by the

Bank Islam from time to time, the e-Statement of the Customer subject to the terms herein.

13.4.2. E-Statement is an electronic version of the paper statement mailed or otherwise provided to the Bank Islam’s

customers by the Bank Islam that are made available via Bank Islam Internet Banking service in a form either

identical in full or in part, to the paper version of the said statements (as applicable).

13.4.3. Notwithstanding Clause 13.4.2 above, Customer acknowledge that Bank Islam will not provide e-Statements in

the form of Account statements to customers who are not previously entitled to the paper statements of the same

under the applicable rules of the said Account, although e-Statements may still be provided in relation to the said

Account, at Bank Islam’s discretion.

14. Transfers and Payments


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14.1 The Customer agrees and acknowledges that Transfers and Payments are not final upon receipt of the Customer’s

Instructions.

14.2 Bank Islam may, at its sole right and discretion, request for any additional verification and/or information prior to the

execution of any Transfer or Payment Instructions. For the avoidance of doubt, Bank Islam shall not be responsible nor

liable for any Loss which the Customer may suffer, whether directly or indirectly, as a result of Bank Islam's failure,

neglect, omission or otherwise option not to request for such additional verification and/or information.

14.3 The Customer acknowledges that Bank Islam may specify limits on the number of transactions the Customer may make

using Bank Islam's Transfer and Payment services and the amounts to be transferred or paid under the same.

14.4 Bank Islam will endeavour to execute any transfer and payment Instructions promptly in accordance with the Customer’s

Instructions subject always to the Payments and Transfers being made on a Business day, regardless of this Transfer

and Payment being made online real time or scheduled as a recurring Transfer and/or Payment.

14.5 Bank Islam shall not be liable for any Transfers or Payments or any failure to complete or execute a Transfer or Payment

instruction where:-

14.5.1 The Customer has an insufficient balance in the Customer’s Account(s) or insufficient overdraft line of credit to

transfer or pay the relevant amount(s) or to transfer or pay for any fees, taxes, duties, levies, penalty charges,

and/or profit charges that may be imposed by Bank Islam from time to time for the use of Internet Banking

Services and/or any of its Banking Services;

14.5.2 The Customer’s relevant Account(s) is/are to be made subject to any legal process or other otherwise claim

restricting such transactions or where the same is/are otherwise frozen, closed or suspended for any reason

whatsoever;

14.5.3 The Payee Corporation(s) do/does not process the Customer’s Payment promptly and/or correctly;

14.5.4 The Customer has provided Bank Islam with inaccurate or incomplete Instructions or information relating to,

among others, the amount(s) to be paid or transferred and the details of the beneficiary Account(s) or Payee

Corporation(s) to which such monies are to be transferred or paid to; or the status of the beneficiary account is

invalid and/or is covered under Clause 14.5.2 herein;

14.5.5 There is an error in the information or Instructions given by the Customer, during the course of transmission

through Internet Banking Services;

14.5.6 The Customer fails, neglects, omits or otherwise choose not to follow the latest or current instruction, procedures

and directions for using Internet Banking Services or the particular Banking Services offered thereunder; or

14.5.7 Bank Islam knows or has reasons to believe that a fraud, criminal act, offence, or violation of any law or regulation

has been or will be committed.

14.6 Where it is found that the Customer has insufficient funds or an insufficient credit limit for the transactions, the Customer

acknowledge that Bank Islam may, at its sole right and discretion and without notice, reserve the transaction or offset the

shortage with funds from any other Account(s) the Customer may have with Bank Islam.

14.7 The Customer may cancel the Transfer or Payment service pursuant to Clause 22 herein. Any unprocessed Transfers or

Payments will be cancelled on the Business day the Customer’s cancellation request is received. If the Customer closes

any relevant Account pertaining to any such Transfers or Payments, any unprocessed Transfers or Payments scheduled

from that Account or to be paid into that Account will also be cancelled on the day that Account is closed.


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14.8 In making payment under Bill Presentment service Customer:

14.8.1 expressly consent to the relevant Biller providing or making available to Bank Islam the Bill(s) and the details and

information therein;

14.8.2 expressly consent to Bank Islam’s utilization of the details and information of the Bill(s) in the provision of the Bill

Presentment service and to the same being accessible by Bank Islam and its Affiliates and sub-contractors who

are involved in the provision of the Bill Presentment service;

14.8.3 undertake that Customer have all necessary rights and consents to access and view the Bill(s) and all details

therein and where applicable make payment in relation thereto;

14.8.4 undertake that Customer have all necessary rights and authorisations to provide the consents stipulated in 13.8.1

and 13.8.2 above.

14.8.5 Under Bill Presentment service, Customer acknowledges that any Bill viewing and/or payments made by

Customer based on the Bill Presentment will be made under Bank Islam Internet Banking and subject to the

Terms and Conditions herein.

15. Customer’s Responsibilities for Security

To prevent unauthorised access and to ensure only the Customer can access and using the services, the Customer should

adhere to the following security procedures at all times:

15.1 The Customer agrees and acknowledges that the Customer shall at all times keep the Customer’s Authentication secure,

and shall not share or disclose the Customer’s Authentication to any person whatsoever, including any officers of Bank

Islam.

15.2 The Customer shall, at all times, observe all security measures as may be prescribed by Bank Islam in relation to

Customer’s Authentication and further, the Customer shall take all reasonable precautions necessary to ensure that no

other persons have or will be granted access to the Customer’s Authentication and such precautions may include, among

others, immediately memorising the Authentication and destroying any envelope or document on which it is stated (if

any), not retaining the Authentication in any form except in memory, not leaving the computer or any devices unattended

whilst accessing Internet Banking Services and ensuring that others do not see the Customer entering of the Customer’s

Authentication upon access to Internet Banking Services as well as ensuring the Customer properly log off from Internet

Banking Services upon completion of the Customer’s use thereto.

15.3 The Customer agrees that the Customer shall, at all times, be responsible for all access and/or use of Internet Banking

Services made via the Customer’s Authentication whether it was in fact made by the Customer or by any other person(s)

purporting to be the Customer.

15.4 If the Customer discover or have reasonable grounds to believe that the Customer’s Authentication has been

compromised in any way and/or the Customer have received any statement, data or information which indicates that an

unauthorised transaction has taken place or is otherwise not intended for the Customer, the Customer shall immediately

notify Bank Islam or Bank Islam Contact Centre specified in Clause 29.1 and/or in accordance with such terms, conditions

and/or procedures as may be stipulated by Bank Islam from time to time. For the avoidance of doubt, all telephone calls

made to Bank Islam's Contact Centre shall be logged by Bank Islam.


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15.5 Subject to Clause 15.7 below, until Bank Islam receives and logs such notification under Clause 15.4 above, the Customer

shall be liable for all such transactions, which are conducted through Internet Banking Services, whether or not the same

were conducted or authorised by the Customer. For the avoidance of doubt, the Customer shall be liable for all such

transactions conducted through Internet Banking Services up to the point of time notification is made and logged pursuant

to Clause 15.4 above, or otherwise, up to the point of time notification is supposed to be made, which for the avoidance

of doubt, is immediately upon the Customer discovering or having reasonable grounds to believe that the Customer’s

Authentication has been compromised in any way and/or the Customer have received any statement, data or information

which indicates that an unauthorised transaction has taken place or is otherwise not intended for the Customer. Where

such notification is delayed for any reason, the Customer shall, in addition to being liable for all transactions conducted

up to the above referred point in time, be liable for the actual Loss which occurred after the said point in time, until the

actual notification made by the Customer is received and logged by Bank Islam subject to Clause 15.8 below.

15.6 Upon Bank Islam's receipt of the Customer’s notification made pursuant to Clause 15.4 above, the Customer agrees and

acknowledges that Bank Islam may, at its sole right and discretion, suspend the Customer’s access to Internet Banking

Services until a new Customer’s Authentication (as the case may be) is issued or applied for and/or such

reported/unreported discrepancies are resolved by Bank Islam.

15.7 Notwithstanding anything contained herein and for the avoidance of doubt, where the unauthorised use of the Customer’s

Authentication is due to the Customer’s actions, fraud, disclosure, abuse or misuse, which are deliberate, the Customer

shall be liable for such use even if a notification is made pursuant to Clause 15.4 above.

15.8 Further and notwithstanding Clause 15.5 above, where the Customer has contributed to a Loss resulting from an

unauthorised transaction by delaying notification under Clause 15.4 above, the Customer shall, subject to Clause 15.7,

be liable for the actual Loss which occurred during the period of such delay, except for:-

15.8.1 That portion of the Loss incurred on any one day which exceeds the daily transaction limit applicable to the

relevant Account; or

15.8.2 That portion of the total Loss incurred which exceeds the amount of funds standing in the Customer’s Account.

15.9 In addition, the Customer is responsible for the Customer’s own personal computer’s or electronic device’s anti-virus and

security measures to prevent unauthorised access to the Customer’s transactions and accounts via the service. The

Customer shall comply with any other security rules prescribed by Bank Islam from time to time whether in the Website,

under any other Terms and Conditions with Bank Islam, or otherwise notified to the Customer by Bank Islam in any way.

15.10 The Customer is also responsible to log in to the correct URL for Internet Banking Services.

15.11 The Customer is also responsible to verify the Private Image and the Private Word rendered on the page. The Customer

should only proceed to key-in their Password if the Private Image and the Private Word are the same as their selected

Private Image and Private Word. If the rendered Private Image and Private Word are not the same or not available, the

Customer should not proceed and immediately notify Bank Islam via Bank Islam Contact Centre specified in Clause 29.1.

15.12 The Customer is also responsible not to utilize Internet Banking Services through internet cafes or any public places

offering internet services and the Customer is to log off from Internet Banking Services before leaving the computer

terminal.


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15.13 The Customer is also responsible to immediately call Bank Islam’s Contact Center specified in Clause 29.1 when the

Customer lost the Customer’s computer, laptop or device used to access Internet Banking Services.

15.14 The Customer is also advised to periodically check their account(s) balances at appropriate length of time subsequent to

the transaction performed and to let Bank Islam knows of any irregularity or errors. Should there be any unauthorised

transactions or unauthorised access suspected, the Customer must immediately call Bank Islam’s Contact Center as

specified in Clause 29.1 herein.

15.15 The Customer is also advised to read and understand the FAQ before attempting to use Internet Banking Services and

not to carry out any Instructions or utilize Internet Banking Services in the presence of any other person.

16. Customer's Confidentiality

16.1 The Customer hereby acknowledges the strict requirement of confidentiality and obligations imposed upon Bank Islam

under the Islamic Financial Services Act 2013 and undertake not to do or cause to be done any act or omission which

may cause Bank Islam to breach its strict duty of confidentiality and obligations as aforesaid. The obligations on the

Customer herein shall survive the termination and/or expiry of the Terms and Conditions herein.

16.2 The Customer undertakes to observe all security measures prescribed by Bank Islam concerning the Customer’s

Authentication or generally in respect of the use of the Internet Banking Services.

16.3 Should the Customer received any data and information through Bank Islam's Internet Banking Services which is not

intended for the Customer, Customer shall immediately notify Bank Islam via Bank Islam Contact Centre specified in

Clause 29.1 herein immediately and in any case not later than 12 hours thereof.

17. Exclusion of Liabilities

17.1 Bank Islam shall use all reasonable efforts to ensure the operation and provision of Internet Banking Services and the

Banking Services. However, Customer agrees and acknowledges that Bank Islam does not make any warranties or

representations of any kind whatsoever with respect to Internet Banking Services and the Banking Services provided by

Bank Islam, the and/or its subsidiaries, affiliates and business partners whether express or implied and subject to Clause

17.6, shall not be responsible or liable for any Loss whatsoever howsoever arising whether in tort, contract or indemnity,

in relation to the provision of Internet Banking Services and the Banking Services whether suffered by Customer or any

other person with the exception of Losses which, subject to Clause 9.8, are caused by the fraudulent or gross negligent

conduct of Bank Islam’s officers.

17.2 Without limiting the generality of Clause 17.1 above, Bank Islam shall not be liable for any Loss caused by or arising from

one or more of the following events or matters howsoever caused or incurring:-

17.2.1 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 Customer, Bank

Islam or any other person, including but not limited to the failure of any such equipment or system to accept,

recognise or process any Authentication or Instruction;

17.2.2 Any malfunction, breakdown, disruption and/or unavailability of Internet Banking Services or any portion

thereof, howsoever arising;


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17.2.3 Any of the Banking Services not being accessible, available or functioning;

17.2.4 Any failure or delay caused by Customer’s internet browser, operating system, personal computer, electronic

device or other software, computer virus or related problems;

17.2.5 The corruption, destruction, alteration, loss of or error in Customer’s Instructions or any data or information in

the course of transmission through Internet Banking Services;

17.2.6 Any intrusion, interference or attack by any person, virus, trojan horse, worms, macros, malicious programs or

other harmful components or deleterious programs or files;

17.2.7 Any use of Internet Banking Services on a jail- broken or rooted device as set out in Clause 4.10 above;

17.2.8 Any loss, theft or unauthorised use of Customer’s Authentication;

17.2.9 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 Customer;

17.2.10 Any purported access to and use of Internet Banking Services and/or the Banking Service(s), Customer’s

Authentication as well as any other software or hardware provided by Bank Islam to the Customer, if any;

17.2.11 Any malfunction or breakdown in the software or hardware provided by the Bank to Customer, if any;

17.2.12 Any unauthorised access and/or use of Internet Banking Services and the Banking Services by any person,

whether remotely performed or otherwise;

17.2.13 Any prohibition, suspension, delay or restriction of the Customer’s access to Internet Banking Services by the

laws and regulations of any country from which Customer access Internet Banking Services;

17.2.14 Any prohibition, suspension, delay or restriction of the Customer’s access to Internet Banking Services caused

by, relating to or in connection with Customer’s Network Service Provider;

17.2.15 Any inaccuracy or incompleteness of information, data or Instructions given by the Customer in relation to any

transactions or the performance of any transactions or otherwise in relation to the provision of any of the

Banking Services;

17.2.16 Customer’s failure, neglect or omission to maintain sufficient funds in the relevant Account(s) to perform any of

Customer’s Instructions;

17.2.17 Customer’s inability to perform any transactions due to limits set by Bank Islam from time to time;

17.2.18 Customer’s failure, neglect or omission to act in accordance with these Terms and Conditions and any other

rules, regulations, policies and guidelines currently in force;

17.2.19 Any delay in the delivery or non-delivery or any documents or materials, whatsoever, under these Terms and

Conditions;

17.2.20 Any event, the occurrence of which is beyond Bank Islam’s reasonable control, including but not limited to fire,

earthquake, flood, lightning, riots, strikes, lockouts, government action, war, disruption of electrical or power

supply; or

17.2.21 Any Loss which is caused by third parties.

17.3 While Bank Islam shall make reasonable efforts to ensure that the product information, Fees and Charges, and rates on

their website are accurate and current, there may be instances where inaccurate or incomplete information, Fees and

Charges, or rate is inadvertently displayed. In the event such information, Fees and Charges, or rate is incorrect or

incomplete, Bank Islam shall have the right at their sole and absolute discretion, to refuse, avoid, nullify and/or cancel

any Instructions placed and or any transaction effected under the Account, Banking Services and any other transactions

effected due to, arising from or as a consequence of the inaccurate or incomplete information. Bank Islam assumes no

responsibility for any error or omission in the content of the said website, and expressly disclaims liability for any losses

incurred due to such errors, inaccuracy misstatements or omissions.


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17.4 So long as Bank Islam acts in good faith in acting upon or carrying out any Instructions, Bank Islam shall neither be

responsible nor liable to Customer in any respect for any Loss caused by or arising from Bank Islam’s execution or

implementation of such Instructions or any matter arising therefrom.

17.5 Without prejudice to the generality of the foregoing and notwithstanding any provision to the contrary in these Terms and

Conditions or in any other terms and conditions between Bank Islam and Customer, Bank Islam shall not in any event be

responsible or liable to Customer for any indirect or consequential Loss, or for punitive damages, whether arising from

any breach of Bank Islam’s obligations to Customer or otherwise.

17.6 Where Bank Islam:

17.6.1 fails to observe the procedures on complaints and investigation as set out in Clause 29; and

17.6.2 such failure:

a) is caused by the fraudulent or gross negligent conduct of Bank Islam’s officers; and

b) prejudiced the outcome of the complaint or resulted in delay in its resolution,

Bank Islam may, subject to Clauses 15.5, 15.7 and 15.8 herein, be liable to Customer up to the full amount of the particular

transaction which is the subject of complaint.

18. Proprietary Rights

The Customer acknowledge that all proprietary rights (including without limitation title, pattern rights and copy rights) in the Internet

Banking Services shall at all times vest and remain vested with Bank Islam.

19. Fees and Charges

19.1 Customer shall pay any fees, commission and charges (“Fees and Charges”), all levies and taxes including service tax

(“Taxes” which expression includes any penalties payable thereunder) in respect of such Banking Services under or

otherwise howsoever relating to Customer’s Account. Customer shall pay to Bank Islam all fees, commissions and any

other relevant charges at such rates and in such manner as Bank Islam may impose and/or stipulate from time to time

with respect to Internet Banking Services and/or any of the Banking Service(s) provided thereunder.

19.2 Bank Islam may inform Customer of:-

19.2.1 Such Fees and Charges and/or any variations thereof by giving twenty one (21) days prior notice in writing or in

any manner deemed applicable by Bank Islam.

19.2.2 Such taxes (including service tax) in any manner deemed applicable by Bank Islam.

Should Customer disagrees with the imposition of such Fees and Charges or Taxes and/or variations thereof, Customer

shall cease to use Internet Banking Services or the particular Banking Services to which such Fees and Charges or Taxes

relate to. Customer’s continued use and access of Internet Banking Services or the particular Banking Service to which

such Fees & Charges, Taxes and/or variations relate to shall be deemed as Customer’s Terms and Conditions and

binding acceptance of the same.


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19.3 Customer agrees and acknowledges that Bank Islam reserves the right to debit Customer’s relevant Account for the

payment of any Fees and Charges or Taxes and/or penalties imposed pursuant to these Terms and Conditions including

any Government charges, stamp duties or taxes (including but not limited to service tax) payable as a result of the use

of Internet Banking Services and the Banking Services provided thereunder.

19.4 Customer agree and acknowledge that all fees, charges, taxes and duties including but not limited to telephone and

telecommunication charges, relating to Customer’s access and connection to Internet Banking Services including any

Fees and Charges imposed by any Network Service Provider shall be borne solely by Customer, and Bank Islam shall

neither be responsible nor liable in relation thereto. Customers may refer to Bank Islam’s website for full fee and charges.

20. International Use

20.1 The use of the Internet Banking Services outside of Malaysia is subject to the Foreign Exchange Administration Rules of

Bank Negara Malaysia or any fiscal or exchange control requirements operating in the country where the transaction is

effected or requested; and the laws and regulations of Malaysia and the country where the transaction is effected or

requested.

20.2 The maximum amount of transaction and the purpose for which it is effected may be determined by Bank Negara Malaysia

and the laws and regulations of the country in which the transaction is effected or requested.

20.3 The Customer hereby agree that they are using the Internet Banking Services at own initiative and are responsible for

Customer compliance with local laws.

21. General

21.1 The Customer hereby agrees that Bank Islam's record and any records of the Instructions, communications, operations

or transactions made or performed, processed or effected through Bank Islam's Internet Banking Services by Customer

or a person purporting to be the Customer with or without the Customer consent or any record of transaction relating to

the operation of any of Bank Islam's Internet Banking Services shall be binding and conclusive evidence of the transaction

and the Customer liability to Bank Islam.

21.2 The Customer agrees that Bank Islam has the sole and absolute right to require the Customer to maintain a minimum

balance at any one time in the Customer's Account(s). The Customer failure to maintain such minimum balance as

required by Bank Islam could, at Bank Islam's discretion, result in a penalty being imposed against the Customer or lead

to a suspension or termination of the Internet Banking Services.

21.3 Any Instructions transmitted by the Customer after the relevant cut-off time on any day will be posted in the books and

records of Bank Islam on or for the next business day following the date of instruction.

21.4 The Customer shall not be entitled to use the Internet Banking Services, if there exists any restrictions whatsoever on the

Customer Account(s) either imposed by Bank Islam or by the relevant authorities.

22. Termination of Services


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22.1 Subject to Clause 22.3, Customer agrees and acknowledges that Bank Islam reserves the sole right and discretion to

suspend, terminate or restrict Customer’s access to Internet Banking Services or any part thereof for any reason, by

giving seven (7) days prior notice to Customer and without any liability whatsoever to Customer or any other third party

for doing so.

22.2 Notwithstanding the generality of Clause 22.1 herein, Bank Islam may terminate, suspend or restrict Customer’s access

to Internet Banking Services immediately upon giving Customer notice, if:-

22.2.1 Customer ceases to maintain any Account(s) with Bank Islam which can be accessed via Internet Banking

Services;

22.2.2 Customer breaches any term, condition or provision of these Terms and Conditions or laid down by any legal,

regulatory or other authority or body relevant hereto;

22.2.3 If Customer fails to pay any charges Fees or Charges or Taxes when due;

22.2.4 If Customer has provided Bank Islam with false or incomplete information for Customer’s access to or use of

Internet Banking Services;

22.2.5 If Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of

insolvency administration;

22.2.6 If, in Bank Islam’s opinion, it is in the public interest to do so;

22.2.7 If, in Bank Islam’s opinion, it is required to facilitate investigation on matters pertaining to suspected fraudulent

or unauthorized usage; or

22.2.8 If Bank Islam is notified and requested by any authority, including but not limited to Bank Negara Malaysia, the

Royal Malaysia Police, the Government of Malaysia or any other statutory or governmental authorities (“the

relevant authorities”) to terminate, suspend or restrict Customer’s access to Internet Banking Services regardless

of whether the relevant authorities have the legal or valid authority to request Bank Islam.

22.3 Customer may terminate Customer’s access to and use of Internet Banking Services or any particular Banking Services

at any time, by giving at least seven (7) days prior written notice to Bank Islam. The notification will not be effective until

Bank Islam has received Customer’s notice, acknowledges it and proceeds to terminate Customer’s access to and use

of Internet Banking Services or the relevant portions thereof.

22.4 Customer agrees and acknowledges that termination does not affect Customer’s liability or obligations in respect of

Instructions received by Bank Islam prior to such termination that have been processed or are being processed by Bank

Islam.

22.5 Customer further agrees and acknowledges that where an Instruction was received by Bank Islam prior to such

termination herein but has not been processed, and Customer’s access to Internet Banking Services is thereafter

terminated, Customer shall neither hold Bank Islam responsible nor liable for any failure to process the said Instruction.

22.6 Any rights and obligations under these Terms and Conditions shall survive the termination of these Terms and Conditions,

shall continue to be in full force and effect thereafter.

23. Indemnity


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23.1 In addition and without prejudice to any other right or remedy of Bank Islam, whether under these Terms and Conditions

or otherwise, Customer shall indemnify and hold Bank Islam harmless at all times from and against any and all Loss

suffered or incurred by Bank Islam as a result of any of the following:-

23.1.1 Any failure by Customer to comply with any of the terms and conditions herein contained; and/or

23.1.2 Bank Islam acting in accordance with any Instructions or in any manner pursuant to these Terms and Conditions.

23.2 Customer agrees and acknowledges that Customer’s obligation to indemnify Bank Islam herein shall survive the

termination of these Terms and Conditions or Internet Banking Services.

23.3 Customer shall indemnify and hold Bank Islam harmless at all times from and against any and all Fees and Charges or

Taxes payable by Customer pursuant to these Terms and Conditions and Customer irrevocably authorise Bank Islam to

debit any of Customer’s Accounts for the payment of such Fees and Charges or Taxes.

24. Waiver

The failure or delay on the part of Bank Islam in exercising any right, power, privilege or remedy under these Terms and Conditions

upon any default on the Customer’s part shall not impair any such right, power, privilege or remedy or be construed as a waiver

thereof or any acquiescence in such default. No waiver shall be valid unless made in writing by Bank Islam. Any waiver by Bank

Islam shall not operate as a waiver of any subsequent default by the Customer.

25. Severability

If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under present or future laws, such

provision shall be fully severable and these Terms and Conditions shall be construed and enforced as if such illegal, invalid or

unenforceable provision had never comprised a part hereof and the remaining provision shall remain in full force and effect and

shall not be affected by the illegal, invalid or unenforceable provision or by its severance here from.

26. Variations of Terms and Conditions

26.1 Bank Islam reserves the right to add, amend, delete or vary any of these terms and conditions by way of notice as deemed

suitable by Bank Islam from time to time but Bank Islam will, subject to Clause 26.5 herein , give at least twenty one (21)

days notice of any such additional or amended terms and conditions.

26.2 Such notice may be provided to the Customer either in writing addressed to the last address given by the Customer to

Bank Islam or in the form of a notice displayed at Bank Islam’s branches or in the form of a notice displayed on the screen

when accessing Internet Banking Services or in such other manner as may be prescribed by Bank Islam from time to

time.

26.3 Notwithstanding the same, the Customer should be able to view the revised Terms and Conditions upon access to the

Internet Banking Services.

26.4 If the Customer continues to use Internet Banking Services after the effective date of any additional or amended terms

and conditions, or where no effective date is specified, after a period of twenty one (21) days upon their receipt of such


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notice, whether actual or deemed in accordance with Clause 29.1 herein, then the Customer shall be deemed to have

accepted such additional or amended terms and conditions and agreed to be bound by them.

26.5 The Customer agrees and acknowledges that where the changes or amendments made are necessitated by an

immediate need to restore or maintain the security of a transaction of the Customer’s Account, Bank Islam may proceed

with making such changes and amendments without notice to the Customer.

27. Successors Bound

The Terms and Conditions herein shall be binding upon the heirs personal representatives executors and successors in title or

the Customer and on the successors in title, assigns of Bank Islam or of any company by which the business of Bank Islam may

from the time being be carried on, and the Customer shall not be entitled to assign any of the Customer's rights or obligations

under the Terms and Conditions herein unless with the express prior written consent of Bank Islam.

28. Evidence

28.1 The Customer agrees and acknowledges not to dispute the validity, accuracy or authenticity of any evidence of their

Instructions and/or communications transmitted between Bank Islam and the Customer, including but not limited to any

evidence in the form of Bank Islam’s computer records which may take the form of, among others, telephone logs,

transaction logs, magnetic tapes, cartridges, computer printouts of any communication and any other form of information

and data storage, all of which having been produced by Bank Islam’s computers in the course of their ordinary use.

28.2 Pursuant to Clause 28.1 herein, the Customer further agrees and acknowledges that it shall refer and at all times, treat

all of the said computer records of Bank Islam therein as conclusive evidence of their Instructions and/or communications

received or sent by Bank Islam.

28.3 Notwithstanding anything contained in these Terms and Conditions, the Customer agrees and acknowledges that all their

said Instructions and/or communications which are sent to Bank Islam and meet the operating standards and

requirements of Bank Islam shall be deemed to be as good as, and given the same effect as, written and/or signed

documentary communications.

29. Disputes and Enquiries

29.1 Should there be any enquiries or require any assistance, please refer to Bank Islam Contact Center at +603 2690 0900

or email at [email protected]. For the avoidance of doubt, all telephone calls made to Bank Islam

Contact Centre shall be logged by Bank Islam. In addition, the Customer is advised to read Bank Islam’s Privacy

Statement and Client Charter in this website.

29.2 In the event that the Customer has any complaints and/or disputes arising from the Internet Banking Services and these

Terms and Conditions, please refer the matter to Bank Islam at the address stated in Clause 30.2 below and specifying

the nature of the Customer’s complaint and/or dispute. The parties hereby agree to try to settle the matter amicably.

29.3 Subject to Clause 29.4 herein, Customer may be required to disclose to Bank Islam all relevant information relating to

any report, query or complaint including but not limited to Customer’s name, the relevant Account(s) number(s), a


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description of any such error, query or complaint, date of the disputed transaction or error, an explanation on why

Customer believe it to be an error or why Customer require more information and the amount(s) involved in the suspected

error disputed transaction, query or complaint, as maybe relevant. Notwithstanding this, Customer shall not, at any time

and under any circumstances whatsoever, disclose Customer’s Authentication to any of Bank Islam staff or

representative.

29.4 Where any communication involves Customer’s sensitive or confidential information whether in relation to Customer’s

Account(s) or any transactions made in relation thereto or otherwise, Bank Islam does not encourage the communication

of any such information via electronic-mail ("e-mail") (not being Secure Messaging) and Customer agrees and

acknowledges that should Customer proceed with such mode of communication in relation to such information, Customer

shall undertake all inherent risks associated with such mode of communication and shall not, at any time whatsoever,

hold Bank Islam responsible or liable for the security of such information or any Loss suffered in relation thereto.

29.5 In the event that Bank Islam requests Customer to make such report, complaint or query in writing to Bank Islam,

Customer shall do so within seven (7) days thereafter. If no such written report, complaint or query is received by Bank

Islam within the said period, Bank Islam will not be under an obligation to conduct any investigation and answer any such

query or complaint.

29.6 Subject to Clause 29.7 herein, Bank Islam shall endeavour to investigate the complaint, answer the query or inform

Customer of the results of its investigation as soon as practicable or in any case within fourteen (14) days of receipt of

such report, query or complaint or where a subsequent written report, query or complaint is requested by Bank Islam

pursuant to Clause 29.5, within fourteen (14) days of receipt of such subsequent written report, query or complaint.

29.7 If Bank Islam requires more time to conduct its investigation, Bank Islam shall extend the period stated in Clause 29.6

above to such reasonable period as it deems necessary in its sole discretion which shall as far as reasonably possible

not exceed thirty (30) days from the date of receipt of such report, query or complaint or where a subsequent written

report, query or complaint is requested by Bank Islam pursuant to Clause 29.5 herein, within thirty (30) days of receipt of

such subsequent written report, query or complaint.

29.8 Customer shall as far as possible co-operate and assist Bank Islam in the conduct of its investigations, including allowing

Bank Islam and its investigation team to access the device(s) used for the disputed transaction such as the personal

computers, laptops, tablets, mobile devices within five (5) Business days from the date Customer reported Customer’s

query or complaint to Bank Islam Contact Centre as stated in Clause 29.1 herein.

29.9 Subject to the provisions of these Terms and Conditions, upon the completion of an investigation, Bank Islam shall make

reasonable endeavours to correct any error promptly and to make the necessary adjustments to Customer’s Account(s)

and notify Customer of the adjustments made pursuant thereto.

29.10 In any case, Bank Islam shall inform Customer of the results of the investigation within twenty one (21) days of the

completion of Bank Islam's investigations in Clause 29.6 or 29.7, as the case may be.

29.11 Henceforth, subject to Clause 17herein, Bank Islam, as the case may be, assures total reimbursement to Customer in

the event Customer suffer monetary losses due to direct loss from Customer’s Account arising from Customer’s use of

Internet Banking Services and the Banking Services provided always the Losses were due to Bank Islam’s system

malfunctioning wherein such malfunctioning will be subject to confirmation by Bank Islam, however, Bank Islam will not


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be responsible for any Loss due to Customer’s Authentication being stolen as it is Customer’s first and foremost

responsibility to keep Customer’s information safe at all times.

29.12 Where Customer is not satisfied with the outcome of the investigation or of Customer’s complaint, Customer may appeal

against such outcome by referring such complaint to the Ombudsman for Financial Services.

30. Notices

30.1 The Customer hereby consents to all notices and other communications which concern the Internet Banking Services or

are required under these Terms and Conditions or may be given by Bank Islam in any on one of the following manners:-

30.1.1 By ordinary post to the Customer last known address in Bank Islam's records and such notification shall be

deemed received two (2) days after posting.

30.1.2 By electronic mail to the Customer’s last known e-mail address in Bank Islam's records and such notification shall

be deemed received twenty four (24) hours after sending.

30.1.3 By being displayed in Bank Islam premises and such notification shall be deemed effective upon such display.

30.1.4 By way of advertisement made once in any national newspaper and such notification shall be deemed effective

on the date of publication of the advertisement in any such newspaper.

30.1.5 By inserting a notice in Bank Islam's Statement of Account to the Customer and such notification shall be deemed

effective two (2) days after the date of posting of the notice contained in the Statement of Account to the

Customer.

30.1.6 Broadcasting a message on Bank Islam Internet Banking website.

30.1.7 If notified to the Customer in any other manner as Bank Islam deems fit.

30.2 All notices to Bank Islam concerning the Internet Banking Services and these Terms and Conditions shall be in writing,

signed by the Customer and sent to Bank Islam at the following address or in such other way as Bank Islam may notify

the Customer from time to time:

Bank Islam Malaysia Berhad

eChannels Department, Operations

18th Floor, Menara Bank Islam

No 22 Jalan Perak

50450 Kuala Lumpur.

Telephone : +603 2690 0900

Fax: +603 2782 1337

email: [email protected]

31. Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the Laws of Malaysia. Any dispute arising

in respect of the Internet Banking Services and these Terms and Conditions, which cannot be resolved in the manner specified

in Clause 29 above, shall be referred to the Courts of Malaysia situated in Kuala Lumpur.

PART B: TERMS AND CONDITIONS OF BANK ISLAM MALAYSIA … · Bank Islam, Bank Islam's rules and...

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