TERMS AND CONDITIONS OF

Transcription

1 TERMS AND CONDITIONS OF I hereby:- 1. undertake to abide by all rules, regulations, by laws, directives of Bursa Malaysia Securities Berhad (Bursa Securities) and/or any other relevant authority and any subsequent new rules or regulations, amendments or revisions that may be from time to time be brought into force or imposed; 2. declare that the information given herein are true and correct and that I have not withheld any material fact or information from you. I authorise you to verify, in any manner with any third party, the information furnished herein or from time to time as you deem fit and I further undertake to furnish you promptly with such further additional information as you require at any time or from time to time; 3. declare that I am not a bankrupt as at the date hereof and also, have not defaulted nor am I a defaulter on the Bursa Securities list; 4. agree and confirm that you may in your sole and absolute discretion release or disclose the information given by me or with respect to the usage of the services herein ( Services ) to any party to the extent required by law and/or by an order of a court of competent jurisdiction; 5. undertake to safeguard any and all user names, passwords or other access codes ( Security Features ) provided by you; and you may rightfully assume that any person using your website (the Site ) with my user name and password is either me or is so authorised to act for me. In this regard, I agree that no claims shall be made by me or on my behalf in respect of any losses, costs and expense incurred by me as a result of such unauthorised usage of Security Features; 6. acknowledge that my use of some Links (as defined below) may be governed by additional terms and conditions. In the event I choose to visit or view any other website established through these Links, those additional terms and conditions:- i) will apply to my use of such Links in addition to these terms and conditions; and ii) will prevail over these terms and condition to the extent of any inconsistency but only to the extent of those other websites. I further agree that:- (i) (ii) (iii) you may (in your sole discretion) only establish a Link for me to access into the Third Party Content, which shall be on another website; you shall at no time be obliged to edit or manage (except to provide the Link) the Third Party Content nor verify the accuracy thereof; and you shall be entitled to exclude any liability in respect of the Third Party Content by the automatic appearance of an express disclaimer to that effect on your Website. Link here means any and all means by which one web page may permit its users/visitors to connect to or view another web page, including, by creating hypertext, logo or other graphical links or by framing the Content of the other web page within the window or frame of a browser or other application. Visitors means any visitor, user, subscriber or viewer of the i*trade@cimb Portal. Third Party Content means any other information or content provided by any party other than Investment Bank Berhad on i*trade@cimb. CIMB 7. agree that you may have the absolute discretion to close or suspend my account without giving any reason whatsoever (including but not limited to the non-trading nature of my account, amounts owing to you or it being dormant); Initial

2 8. acknowledge and agree that I will always abide by all terms and conditions imposed by you relating to the Services and that you may at any time and from time to time impose or vary such other terms and conditions in your sole and absolute discretion. Upon the imposition or amendment being posted by you on the Site, notice of the same shall be deemed to have been effected. By my continuing to trade by using the Services or give any order(s) for trade subsequent to the effective date of notice, I shall be deemed to have agreed to and accepted the new or amended terms and conditions imposed by you whereof these provisions shall be binding upon me from the date of posting. The relevant provisions of this Agreement shall thereafter be deemed to have been amended, modified, supplemented and/or varied accordingly and shall be read and construed as if such amendments, modification, supplements and/or variations had been incorporated in and had formed part of this Agreement at the time of execution hereof; 9. represent and warrant that I have good title to such shares, stocks or securities that I may sell through you and undertake to promptly deliver to you documents of title in respect of securities sold by me or on my behalf; 10. undertake to make immediate payment to you in respect of securities purchased by me or on my behalf and to pay an amount in advance or security deposit if required for such purchases or in connection with my account; 11. authorise you in your absolute discretion to carry out such selling-out or buying-in of stocks, shares or securities to clear my account position and indemnify you in full against all losses, costs and expenses incurred resulting (directly or indirectly) from the above transactions executed by you on my behalf; 12. agree and undertake to settle immediately all sums of money due on contra losses or other monies howsoever owing under my account and authorise you to utilise and set-off any contra profit/gain or proceeds from any sales or monies due to me towards payment or settlement of my liabilities. In this regard, you shall be entitled (but not obliged) to make any set-off from my account prior to actual payment by me of sums owing to you; 13. agree and undertake to pay you promptly interest costs and all charges including late payment charges at such rate(s) determined by you on the outstanding debit balance of my account. I shall pay all fees, service fees, commission and other charges relating to the transactions which you shall determine and impose from time to time, including legal fees incurred by you on a solicitor and client basis in the enforcement of any of my obligations and liabilities; 14. agree that you shall not be responsible or liable for any losses or damages (including any lost profits, lost savings or other consequential, special or indirect damages) as a result of any act of God, computer-breakdown interruptions omission errors or delays occuring in the electronic transmission, modem connection, act of public enemy, war, insurgency riot, labour disputes, strike, power failure, any act or omission of our support or solutions partners or any other disturbances arising out of matters or through causes/circumstances beyond your control; 15. agree that I shall not hold you or any of your officer, employees or agents responsible or liable for whatever losses incurred as a result of the acts, representation and/or omission of our dealer s representative in carrying out his/her duties in connection with this account; 16. agree that all orders made through the telephone or the Internet shall be deemed to be confirmed and binding on me without any requirement to furnish proof to you. In this regard, you may operate my account and executes trades upon receipt of either my oral or written instructions believed by you to be authentic or genuine and to have been given by such one or more person(s) as notified by me from time to time in writing and you shall not be made responsible or liable for any loss that may result from unauthorised instructions. You are entitled (but not obliged) to seek further evidence to confirm or verify the authenticity of any instructions given or purported to be given by me, without incurring any liability in that respect; 17. agree that you shall have the right at any time to refuse to act on my behalf, refrain from executing my orders or limit the purchases or sales ordered by me without having to disclose any reason whatsoever for your refusal to act; 18. authorise you to sell or dispose the whole or part of the stocks/shares/securities pledged by me as collateral at any time without notice to me and utilise the proceeds to set off and discharge any or all my liabilities and obligations due and owing to you; 19. undertake to confirm the accuracy of all personal details and other particulars within [14] days of notice by you that my account has been first opened and in all other cases, promptly as and when requested by you; Initial

3 20. declare and agree that subject to paragraph 8 above, all communication, notices, demands or other documents required to be given or supplied may be given to me or my dealer representative by your authorised officer/dealer representative or solicitor and all such communications, notices and demands shall be deemed to be validly served if left by hand or sent by , telex, telefax, courier or by post to my address as stated in the application form or last known address; 21. agree that the failure or delay by you to insist on compliance with any of these undertakings, terms and conditions or any continued course of such conduct by you shall not be construed or constituted as a waiver or relinquishment generally or specifically by you of any rights, power, privileges or remedies accruing to you; 22. declare that if any undertakings, terms and conditions herein contained, shall be held to be invalid, unenforceable, illegal or otherwise the invalidity, unenforceability and illegality shall not affect or impair the remaining terms and conditions herein; 23. acknowledge that all provisions of this agreement together with any liabilities incurred by me hereunder shall be binding upon all my heirs, personal representatives and successors-in-title; 24. confirm that I shall not assign any rights title or interests to the Agreement or under the Services to any party without your prior written consent; 25. declare that all the agreements and undertakings herein contained and the rights and obligations therefrom shall be governed by and construed in all respects accordance with the laws or Malaysia and I agree to submit to jurisdiction of the court of Malaysia; 26. agree at all times to protect your contractual and statutory rights in or to the information furnished under in or by the Services, the Site and shall comply with each and every written request from you as you shall deem necessary, in order to protect such rights. No right to reproduce I hereby agree and covenant that I shall not:- 1. modify, reproduce or create in any manner any derivative works of the content in under or to the Site for use transmission distribution or display on the Site or any other websites without your prior written consent; 2. retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information contained in, on or under the Site in any manner whatsoever without your prior written consent; 3. use the information contained on the Site for any illegal purposes or in such a manner as to encourage illegal activities. Ownership & Confidentiality I hereby:- 1. agree to keep all information relating to the Services (including any reports sent to you by us) secure and confidential and not allow any person to have access to them other than your authorised personnel who require such access to operate the Services; 2. acknowledge that you are the owner of all copyright, designs, logos, trade names, trademarks, service marks and all other intellectual property (collectively Intellectual Property ) in under or to the Services, the Site and the content contained in the Site which shall at all times remain vested in you; 3. confirm that I do not own any Intellectual Property right belonging to you and that nothing in this Agreement nor through the usage of the Services shall confer any right, title or interest to the Intellectual Property in my favour; 4. agree that I will not tamper with nor do anything that will infringe your rights to the Intellectual Property and shall safeguard and protect the Intellectual Property at all times. Initial

4 Indemnity I hereby agree to fully and effectively indemnify you and hold you harmless against any and all claims, losses, liabilities, cost and expenses (including but not limited to solicitors fees on a solicitor and Client basis) arising or which may arise out my breach or violation of the terms and conditions hereunder or any third party rights, including but not limited to any infringement of Intellectual Property rights. My obligation to indemnify you shall survive the termination of the Services and this Agreement. Structured Warrants Risk Disclosure Statement I understand and accept the following: 1. the purchaser of a structured warrant is subject to the risk of losing the full purchase price of the structured warrants and all transaction costs; 2. in order to realise any value from a structured warrant, it is necessary to sell the structured warrants or exercise the structured warrants on or before their expiry date; 3. under certain conditions, it may become difficult to sell the structured warrants; 4. upon exercise of the structured warrants, the issuer may settle its obligations via actual delivery of the underlying assets, in cash or a combination of both depending on the terms of the issue of the structured warrants; 5. the placing of contingent orders, such as stop-loss or stop limit orders, will not necessarily limit my losses to the intended amount. Market conditions may not make it possible to execute such orders; 6. the high degree of leverage that is obtainable from structured warrants because of the small initial outlay, can work against me as well as in my favour. The use of the leverage can lead to large losses as well as gain; and 7. this brief statement cannot disclose all risks associated with trading in structured warrants. Structured warrants : means individually or collectively as the context may require, call warrants, put warrants, basket warrants, bull equity-linked structures or such other structures that may be specified by Bursa Malaysia Securities Berhad from time to time. Termination I hereby agree that you are entitled to terminate the Services and this Agreement:- 1. at any time by prior notice of Two (2) trading days; or 2. forthwith in the event of breach or potential breach by me of any terms herein or upon default or potential default of my obligations hereunder, without notice to me. Disclosure of Information I agree that you may transfer or disclose any information relating to me and/or my account for the purpose of risk management and compliance or in furtherance of any act contemplated under this Agreement:- 1. to any subsidiary of CIMB Group Holdings Berhad ; 2. to Bank Negara Malaysia, the Bursa Securities or any other statutory or regulatory authority to whom you are required to make such disclosure; 3. to your auditors, legal counsels and other professional advisors; 4. to any assignee or potential assignee or other person purporting to enter into contractual arrangements with you in relation to this Agreement; 5. to such other person(s) authorized by you for confidential use in connection with the provision of the Services (including for data processing, statistical and risk analysis purposes); or 6. pursuant to any written law or order of any court of competent jurisdiction.

5 IMPORTANT THE ABOVE COMPRISE NOTICE OF LEGAL TERMS OF ACCESS, DISCLAIMERS AND RESERVATION OF INTELLECTUAL PROPERTY RIGHTS AND OTHER TERMS AND CONDITIONS WHICH APPLY TO YOUR ACCESS TO OUR WEBSITE AND THE USE OF THE SERVICES PROVIDED BY CIMB INVESTMENT BANK BERHAD. BY ACCESSING ANY PAGE OF OUR WEBSITE AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THE ABOVE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION. I hereby acknowledge that I have received and understood the above Terms and Conditions of Trading and the Risk Disclosure Statements and agree to abide by them. Applicant s Signature Date: Dealer s Representative Signature Name:

6 CIMB Investment Bank Berhad Client Name : Remisier/Dealer : Date : Thank you for signing up with i*trade@cimb. Please tick on the account type you wish to link with our online trading services if you have more than one Trading Account with us. 1. Direct Account Type Status Client Code Client s Signature 2. Securitised 3. CIMB BANK Margin* 4. External Margin 5. EES/ESOS/IPO (CIMB) Please be informed that by selecting the abovementioned Account Type to be linked to your online trading services with us, namely your i*trade@cimb account, you agree that the abovementioned trading accounts, which are to be linked to your i*trade@cimb account shall also be governed by and be subject to the Terms and Conditions of Trading and the Risk Disclosure Statements accepted by you earlier. Should you require further assistance, please do not hesitate to contact us at (603) Thank you. *FOR CIMB BANK SHARE MARGIN FINANCING ONLY I refer to the above and confirm that I wish to subscribe to online trading services via i*trade@cimb (the Services ) for and in respect of my Margin Account maintained with CIMB Bank Berhad. I agree to comply with all Terms and Conditions (the Terms ) for the Services provided by you and will execute the relevant documents for the same. If there shall be any inconsistency between the Terms and the provisions of documents relating to the above mentioned Share Margin Credit Facility including the Letter of Offer, Facility Agreement (if applicable), Mortgage Agreement and Power of Attorney (if applicable) (collectively the Margin Documents ), I agree that to the extent of such inconsistency or conflict, the provisions of the Margin Documents prevail. Yours faithfully, Signature Verified by: X Name : NRIC No : Date: Broker Link No: Name: Date:

7 LETTER OF AUTHORITY TO: CAPITAL MARKET RISK MONITORING CIMB Investment Bank Bhd 10 th Floor, Wisma Amanah Raya Jalan Semantan, Damansara Heights Kuala Lumpur Dear Sirs, AUTHORISATION TO REQUEST AND RECEIVE AD-HOC STATEMENT OF ACCOUNT/ BALANCE INQUIRY FROM BURSA MALAYSIA DEPOSITORY SDN BHD I (Client Code: ) ( Central Depository System [ CDS ] account number: ) hereby irrevocably authorise my dealer s representative to make enquiries and / or to request and to receive ad-hoc Statement of Account / Balance Inquiry of the above-mentioned CDS account maintained with you as an Authorised Depository Agent, as and when deemed necessary by you. Further, I agree that you shall not be held liable for any claims, actions and proceedings, losses of whatsoever nature which may be incurred by you as a result of my authorisation to you as stated in the above paragraph. Yours faithfully, Witnessed by: Signature : Signature : Name : Name : NRIC No : NRIC No : Date : Date :