Terms of Use
AMARA INVESTMENT MANAGEMENT SDN BHD (440105-P)
ONLINE SERVICE AGREEMENT – TERMS OF USE
Amara Investment Management Sdn Bhd (“Amara”) is pleased to provide you with the services of our Private Portfolio Service (“PPS”) Portal. Your usage of the PPS Portal is subject to the following Online Service Agreement - Terms of Use below:
Online Service Agreement – Terms of Use
The Online Service Agreement – Terms of Use was first issued in April 2006 and amended in January 2015.
Read before continuing – Your acceptance of Terms of Use
Please read these Terms of Use carefully. By accessing the PPS Portal and any pages hereof, you are indicating that you have read, acknowledge and agree to be bound by these Terms of Use. These Terms of Use are in addition to any other agreements between you and AMARA, including the Investment Management Agreement (“IMA”) and any other agreements that govern your use of products, services, content, tools and information available on the PPS Portal. If you do not agree to these Terms of Use, do not access the PPS Portal. AMARA reserves the right to change these Terms of Use which you are responsible for regularly reviewing and your continued use of the PPS Portal constitutes agreement to all such changes. The amended Terms of Use shall automatically become effective immediately after they are posted.
Use of the PPS Portal
Unless you and AMARA have agreed otherwise in writing, the PPS Portal is intended only for your personal and non-commercial use only and you may print, copy and download any information or portion of the PPS Portal for your personal use only.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from the PPS Portal, except for the purposes expressly provided herein, without AMARA’s prior written approval. If you copy or download any information or software from the PPS Portal, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
A Special Notice Regarding Online Account Information
Amara’s PPS Portal permit you to view and receive information or services related to your portfolio through electronic transmission via a compatible personal computer and a secure web browser.
Access to the PPS Portal requires an electronic identification that consists of a user name, password, or other security measures that AMARA may require.
By using the user name and password to gain access to your account or other personal information, you agree that the use of this electronic identification is the legal equivalent to your written signed instructions to AMARA and that your identity as an authorized user of the PPS Portal is determined solely by your user name and password.
You acknowledge that you are responsible for the safekeeping of your user name and password and that AMARA is unable, and under no obligation, to confirm the identity or authority of any user of our PPS Portal. If you become aware of any loss, theft or unauthorized use of your UserID, password, immediately notify AMARA at +603-9212 3603, Client Servicing team.
AMARA’s PPS Portal permits you to make changes or updates to your personal profile (including your status of being a US Citizen/ Resident, for the purpose of Foreign Account Tax Compliance Act (“FATCA”)). All changes made shall become effective immediately once made by you and shall supersede the information in your IMA with AMARA. AMARA is under no obligation to confirm the identity or authority of any user making those changes. You agree to indemnify AMARA against all and any cost, loss, liability or expense whatsoever as a consequence of any of the information being untrue, incorrect, incomplete or inaccurate in any respect.
While AMARA may provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.
Information Provided by You
You acknowledge that AMARA may disclose and transfer any information that you provide through the PPS Portal to (i) its affiliates, agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through the PPS Portal you agree to such transfers.
You warrant and acknowledge that the pursuant to the Personal Data Protection Act 2010(PDPA), your personal data on the PPS Portal is accurate and being processed by AMARA. The Personal Data processed by AMARA may include the your name, NRIC No., contact number, address, occupation, email address, bank account details and any other details that you have provided or may provide in the relevant documents. You further acknowledge that your personal data may be disclosed to all governmental and/or quasi-governmental departments and/or agencies, regulatory and/or statutory bodies including but not limited to Bank Negara Malaysia, Bursa Malaysia, and Securities Commission, AMARA’s auditors, banks, lawyers, business partners and/or service providers and any other third party inside or outside Malaysia.
Monitoring Use
Use of the PPS Portal may be monitored, tracked and recorded. Anyone using the PPS Portal expressly consents to such monitoring, tracking and recording. However, unless required by law, we do not have any obligation to you to conduct such monitoring or to take any action based on any monitoring we may conduct.
Third party content
From time to time AMARA may provide information on the PPS Portal supplied by third parties. Any opinions, advice, statement, services, offers, or other information expressed or made available by a third party, are those of such third party and not AMARA.
AMARA does not independently verify the information provided by third parties, does not guarantee the accuracy, completeness, timeliness or correct sequencing of such information, and assumes no responsibility for content displayed on the PPS Portal that may be provided by another party.
Use of Links
The PPS Portal contains links to third party websites. These links are provided only as a convenience.
The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by AMARA of any information contained in any third party website. In no event shall AMARA be responsible for the information contained on that site or your use of or inability to use such site.
You should also be aware that the terms and conditions of such site may be different from those applicable to your use of the PPS Portal.
Prohibited Uses
Unauthorized use of the PPS Portal, systems and servers including but not limited to unauthorized entry into AMARA’s systems and servers, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
Access and availability
No warranty or representation is made that the PPS Portal or any part or function, including without limitation any transactional function, will be available and not subject to interruption at any time.
Disabling devices
No warranty or representation is made that any content, service, product or function, including without limitation any downloadable files, available on the PPS Portal or any linked website is free of a computer virus, worm, trojan horse, timebomb or other destructive or harmful program, software, code or device which may erase, scramble, lock or disable any computer software, content or equipment or may prevent users from using a website or any other item of hardware or software.
You should routinely scan your system and downloaded files for such disabling devices.
Disclaimer of Warranty and Limitation of Liability
Amara’s intent is to provide accurate and up to date content on the PPS Portal. However, that is not always possible. Therefore, the information, products and services on the PPS Portal are provided on an "AS IS", "WHERE IS" and "WHERE AVAILABLE" basis.
AMARA does not warrant the information or services provided herein or your use of the PPS Portal generally, either expressly or impliedly, for any particular purpose and expressly disclaim any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. AMARA will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via the PPS Portal.
Neither AMARA, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the PPS Portal, or resulting from the act or omission of any other party involved in making the PPS Portal, the data contained herein or the products or services offered on the PPS Portal available to you, or from any other cause relating to your access to, inability to access, or use of the website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of AMARA or of any vendor providing software or services.
In no event will AMARA or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if AMARA or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.
AMARA shall not be liable for any losses, claims, damages or expenses, howsoever caused, arising from your decision or action or through your Portfolio Dealer (as an authorised signatory to your account) as per your IMA to use AMARA’s PPS Portal to give instructions to AMARA for corporate actions.
You shall unconditionally and irrevocably undertake to indemnify AMARA, and its Associate(s) against all and any cost, loss, liability, damages or expense whatsoever which may be suffered or incurred by all or any of them directly or indirectly through your decision or action or through your Portfolio Dealer’s decision (as an authorized signatory to your account) or action in connection with or as a result of any corporate action instructions performed via AMARA’s PPS Portal except to the extent that it is due to the gross negligence, willful default or fraud committed by AMARA and/or its Associate(s).
AMARA does not warrant that the facility with regards instructing AMARA on corporate action via AMARA’s PPS Portal shall be uninterrupted or error-free and expressly disclaim any liability in respect of your instruction or through your Portfolio Dealer (as an authorized signatory to your account) that are incorrect, inaccurate or arising from late arrival or non-arrival, or any of the act or omissions by you and/or your Portfolio Dealer.
AMARA shall use reasonable efforts to notify the Portfolio Contacts (as per the IMA) in advance of any suspension of the facility with regards instructing AMARA on corporate action via AMARA’s PPS Portal. However, in emergency situations and situations beyond AMARA’s control, you agree that AMARA may notify Portfolio Contacts after the suspension is affected.
Proprietary Rights
All right, title and interest in the PPS Portal and any content contained herein is the exclusive property of AMARA, except as otherwise stated.
Changes to PPS Portal
AMARA may discontinue or modify the PPS Portal at any time without prior notice to you, and you accept those modifications if you continue to use the PPS Portal.
Termination
AMARA may terminate and/or suspend your access to the PPS Portal for any reason, without prior notice.
Governing Law and Place of Jurisdiction
These Online Service Agreement – Terms of Use shall be subject to and construed in accordance with Malaysian Laws. The courts of Malaysia shall have non-exclusive jurisdiction in any action or proceeding instituted under or related to these terms or your use of AMARA’s PPS Portal.