DISCLAIMER

These terms and conditions apply to the Technical Analysis & Charting services provided via the Maybank2U Online Stock Portal and its associated pages or websites (collectively, “Services”).  Please read and understand these terms and conditions carefully.  By clicking “Accept”, you unconditionally and irrevocably agree that your usage of the Services will be governed and bound by these terms and conditions, including any amendments made thereto from time to time.  If you do not wish to be bound by these terms and conditions, please click “Reject” to end this session and in this event, usage of the Services in any manner whatsoever shall be deemed unauthorised.

 

GENERAL

Unless otherwise stated, the term “Maybank” as used in these terms and conditions shall mean Maybank Investment Bank Bhd and its related corporations (as defined under the Companies Act, 1965).

 

INFORMATION BY THIRD PARTIES

Certain data, information or applications comprised in the Services are, or may in the future be, provided to Maybank by third parties (“Third Party Information”) and accordingly you acknowledge and agree:

  1. in no event shall Maybank be liable for any suspension, delay, unavailability, failure or interruption of the Third Party Information;

  2. the availability of any Third Party Information shall immediately cease, without any liability on the part of Maybank, upon discontinuation or termination of the provision such Third Party Information; and

  3. Maybank have not and will not independently verify such Third Party Information and makes no guarantee, representation or warranty as to the adequacy, accuracy, completeness, reliability, timeliness or fairness of the same and it should not be relied upon as such.

In addition, in some cases the Services may contain hyper-links to third parties’ websites.  These websites are provided for your ease of reference only and Maybank have no responsibility for the conduct, content or operation of those websites nor shall the inclusion of these websites be construed as a recommendation or endorsement by Maybank.

 

SERVICES PROVIDED

The data comprised in the Services are meant to be general in nature and for information purposes only.  The Services are not and should not be construed as an offer, recommendation or solicitation to buy or sell any securities.  You are advised to make your own independent evaluation of the data comprised in the Services and to consult your professional advisers before undertaking any transaction.

 

You should be aware that access to the Services cannot be guaranteed since access over the Internet may be affected by technical failures or third party activities.  Accordingly, there is no representation or guarantee that access to the Services will uninterrupted, error-free or that no damage will occur to your computer system due to the transmission of viruses or other malicious acts. 

 

In addition, Maybank may, from time to time, have to suspend the Services in order to make changes to it or to correct technical problems that may have arisen.  As such, all rights to allow access and/or use of the Services are reserved and Maybank may terminate and/or suspend access to the Services without notice and without any liability whatsoever.

 

DISCLAIMERS AND LIMITATION

You acknowledge and agree that the Services are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis and your use of the Services is at your own risk.  Maybank disclaim any and all warranties and representations, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose or use of the Services, including the results and interpretation obtained therefrom.  Maybank also disclaim any and all warranties and representations, express or implied, as to the accuracy, completeness, reliability, timeliness or fairness of the Services.

 

Accordingly, in no event whatsoever shall Maybank and its affiliates and their directors, officers, agents, representatives and/or employees have any liability to you or to anyone else for any direct, indirect, special or consequential losses or damages that may arise from the use of, or your inability or access or use, the Services, including loss of profits or goodwill even where the possibility of the same have been advised.

 

INDEMNITY

By using the Services, you agree to indemnify and hold harmless Maybank and its affiliates and their directors, officers, agents, representatives and/or employees from any and all actions, proceeding, losses, claims, demands, expenses, costs and damages whatsoever which may be sustained, incurred or suffered by Maybank and its affiliates and their directors, officers, agents, representatives and/or employees arising, directly or indirectly, in connection with your use of the Services, whether authorized or unauthorized. 

 

NO REPRODUCTION

You shall not reproduce, modify, adapt, re-publish, decompile, reverse engineer or exploit for commercial purposes, the Services or any of the data, information or application contained therein.  Maybank shall have no responsibility for the actions of any parties in this respect.

 

PROPRIETARY RIGHTS

Unless otherwise indicated, any and all proprietary rights used or embodied in or in connection with the Services, including in the display or presentation of the data, information and applications vests exclusively in Maybank,

 

GOVERNING LAW

These terms and conditions shall be governed by the laws of Malaysia and you agree to submit to the exclusive jurisdiction of the courts of Malaysia.

 

ENFORCEABILITY / SEVERABILITY

If one or more of the provisions of these terms and conditions shall be invalid, illegal or unenforceable in any respect under any applicable law or decision, the validity, legality or enforceability of the remaining provisions contained herein shall not be affected or impaired in any way.

If any provision shall be void, illegal or unenforceable but would be valid and enforceable if read down, then that provision shall be read down to the extent necessary to render the provision valid and enforceable.

WAIVERS

No failure by Maybank to exercise, nor any delay by Maybank in exercising, any right or remedy under these terms and conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent further or other exercise thereof, or the exercise of any other right or remedy.