Terms & Conditions | PBLe | Public Bank (L) Ltd

NOTICE: THIS WEBSITE ALLOWS COMMUNICATION AND INTERACTION BETWEEN THE PBB GROUP AND THE CUSTOMER. BY THE ACCESS OF THIS WEBSITE AND/OR THE USE OF ALL OR ANY OF ITS PAGES, THE CUSTOMER IS DEEMED TO UNDERSTAND AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF THE CUSTOMER DOES NOT AGREE TO ACCEPT ANY OF THE TERMS AND CONDITIONS HEREIN, THE CUSTOMER IS ADVISED TO IMMEDIATELY DISCONTINUE ACCESS TO THIS WEBSITE AND/OR UTILISATION OF ANY PART THEREOF. THE CUSTOMER IS TO NOTE THAT THE CUSTOMER'S ACCESS OR USE OF THIS SITE SHALL BE AT THE CUSTOMER'S OWN RISK AND INITIATIVE AND THE CUSTOMER SHALL BE RESPONSIBLE FOR COMPLIANCE OF ALL APPLICABLE LAWS.

1. GENERAL

1.1	The information, material, content or advice contained in this website does not constitute an invitation to treat or offer to enter into a legally binding contract with the PBB Group and is provided for general information only.
1.2	The Customer is advised to seek independent legal, financial or other advice as the Customer deems necessary at all times before making any decision based on any such information, material, content or advice.
1.3	The information, material, contents and functions provided in this website may be changed from time to time without notice at the PBB Group's absolute discretion.

2. DEFINITIONS AND CONSTRUCTION

In these terms and conditions, unless the context requires otherwise, the following words and expressions shall have the following meaning:

"Account" means one or more of the Customer's valid current, fixed deposit, call deposit or any other accounts with the Bank which may be accessed through the PBLeBank Services as may be determined by the Bank from time to time.
"Agent" means any third party offering products, services, content or information on this website.
"Bank" means Public Bank (L) Ltd (Licence Number: 900002A), a company incorporated in Labuan, Malaysia having its registered office at Level 8(A) & (B), Main Office Tower, Financial Park Labuan, Jalan Merdeka, 87000 FT Labuan, Malaysia and its successors in title and assigns and where applicable any of them.
"Banking Services" means products and services of the PBB Group and its Agents as are made available to you on this website.
"Business Hours" means 24 hours a day, 7 days a week.
"Customer" means the person or persons in whose name(s) the Account(s) is/are maintained with the Bank and to whom the Bank has agreed to provide the PBLeBank Services and where applicable, the Customer's successors in title or legal representatives.
"Instruction" means instructions given by the Customer in respect of the Customer's Account(s) via the PBLeBank Services.
"Internet" means the global network computers, telecommunications and software which facilitate communication, whether electronic or otherwise, between person(s) and machines.
"Network Service Provider" means any Internet service provider or any commercial online service provider providing connection to the Internet in addition to its own proprietary network.
"Password" means a unique string of characters issued by the PBB Group for the Customer's first time login to the PBLeBank Services which password will be given to the Customer at his request either over the counter, or sent by registered mail or by courier. The first-time login password shall be changed by the Customer from time to time with his own chosen password on the Customer's computer terminal which will be used thereafter to grant the Customer access to the PBLeBank Services.
"PBLeBank Services" means the banking services which the Customer may access through the use of a personal computer terminal, modem and/or any other telecommunication device, over the Internet, upon the correct input of the Customer's User ID and Password.
"PBB Group" means collectively Public Bank Berhad, the subsidiaries and associate companies within Public Bank Berhad Group of Companies either individually and/or collectively as the context requires and includes without limitation Public Investment Bank Berhad, Public Mutual Berhad, Public Leasing & Factoring Sdn Bhd, Public Islamic Bank Berhad and Public Bank (L) Ltd.
"Terms and Conditions" means these terms and conditions governing the use of the PBLeBank Services.
"User ID" means the identification access code issued by the PBB Group for the Customer's first time login to the PBLeBank Services and thereafter chosen by the Customer which must be keyed in by the Customer in order for the PBLeBank Services system to associate the User ID with the Customer's user profile and account.
"website" means www.pblebank.com or any other address as shall be determined and notified by the Bank from time to time.
Words importing the singular shall include the plural and vice versa.

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

Any banking term not specifically defined or described herein shall be construed in accordance with the general practice of banks, financial institutions and licensed Labuan banks. Any terms relating to computer technology not specified, defined or described herein shall be construed in accordance with the general practice and the trade of computer companies and the information technology industry in Malaysia.

In the event of any conflict in the interpretation of this Terms and Conditions in any language the English version shall prevail.

Where there are 2 or more persons or parties comprised in the expression "the Customer", the agreements, covenants, stipulations, undertakings, terms and conditions expressed to be made by and on the part of the Customer herein shall be deemed to be made by or binding upon such persons or parties jointly and severally.

3. THE AGREEMENT

3.1

The terms and conditions herein and all supplements, amendments and variations thereto shall collectively constitute the agreement between the Customer and the PBB Group ("the Agreement"), and shall apply to the PBLeBank Services.

The terms and conditions operate in conjunction with the respective terms and conditions and rules and regulations applicable to the Account(s) which the Customer represents that he has read, understood and agreed to be bound by without qualification or limitation by use of this website or any of its pages.

3.2

In the event of any conflict or inconsistency between the terms and conditions herein and the terms and conditions and rules and regulations governing the relevant Account(s), the latter shall prevail for purposes of interpretation and enforcement to the extent of such conflict or inconsistency.

4. DISCLAIMERS

4.1	The PBB Group has taken reasonable care to ensure the accuracy of information materials and content given directly and exclusively by the PBB Group. Notwithstanding the same, the information, materials and contents provided by the PBB Group on this website are provided on an "as is" basis and are of a general nature and shall be subject to the Customer's obligation to take independent legal, financial or other advise as the Customer shall deem necessary.
4.2	The PBB Group, its directors, officers, employees or agents disclaim any express or implied warranty or representation including but not limited to conditions of merchantability, warranties of title, non-infringement of intellectual property rights, usefulness, accuracy, quality or fitness for purpose of the services or products transacted through this website.
4.3	Neither the PBB Group or any other parties involved in the creation, production or delivery of the PBLeBank Services assume any responsibilities with respect to the Customer's use thereof. No oral or written information or advice given by the PBB Group, its agents or the PBB Group's employees shall create a warranty or in any way increase the scope of this warranty, and the Customer shall not rely on any such information or advice.
4.4	The PBB Group shall not be responsible or liable for any loss caused or damage incurred or suffered by the Customer or any other person as a consequence of using the PBLeBank Services on the Internet.
4.5	The PBB Group does not warrant or represent that access to the whole or part(s) of this website, the materials, contents, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect shall be corrected, or that there shall be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties shall be transmitted or that no damage shall occur to the Customer's computer system.

5. ACCESS AND USE OF PBLeBANK SERVICES

5.1	Application for subscription to the PBLeBank Services shall be subject to the Customer maintaining an existing and valid Account with the Bank and further subject to such eligibility criteria that the PBB Group shall deem fit. The PBB Group is not obliged to provide reasons for any rejection of a Customer's application.
5.2	Use by the Customer of the PBLeBank Services at any time and from time to time shall indicate to the PBB Group and the Bank the Customer's acceptance and agreement and continued acceptance and agreement of the provisions of the terms and conditions and of the risks in conducting any transaction over the Internet.
5.3	Upon approval of the Customer's application to subscribe to the PBLeBank Services over the counter or registered mail or courier, the Customer will be provided with a User ID and Password. When the Customer logs in for the first time, the Customer shall replace the User ID and Password provided with a new User ID and Password of his choice. The Password selected by the Customer may be changed by the Customer from time to time. The Customer shall not disclose the Password to any person and staff of the PBB Group or the Bank and must take all precautions and security measures to prevent unauthorised and fraudulent use of the Customer's User ID and/or Password and the PBLeBank Services by the use thereof. The Customer shall immediately notify the Bank in writing in the event the User ID and/or Password have been compromised in any manner whatsoever.
5.4	In the case of Joint Account Holders the mandate for operation of the account shall be as indicated in the account opening form. Each Joint Account Holder will be issued a separate User ID and Password for each Joint Account Holder's personal use. All transactions on the Account shall be binding on all the account holders jointly and severally.
5.5	Access by the Customer to the PBLeBank Services shall be deemed to have been activated and all instructions and transactions issued thereafter shall be attributed to the Customer upon successful login of the User ID and Password notwithstanding that such access, instruction or transaction may have been made by a third party whether authorised or unauthorised. The Customer further represents, and warrants that all information and instruction forwarded to the PBB Group from time to time through this website or otherwise is correct, validly issued and legally binding on the Customer. The PBB Group and/or third party service providers shall be entitled to carry out any instruction or transaction and/ or rely on any instruction or information provided in connection with the Customer's User ID and Password as if the Customer had transacted it and/or provided the information. The Customer shall be deemed to unconditionally and irrevocably agree that the PBB Group shall not be liable for any loss or damage which the Customer and/or any third party may incur.
5.6	The Customer is deemed to agree that instructions or transactions received by the PBB Group are irreversible when received completed or relied upon by the PBB Group. Instructions received by the Bank during Business Hours where practicable shall be effected on the same day provided that it shall be in accordance with normal banking practice, or such other date and/or time as the PBB Group may from time to time determine having regard to the general practice of bankers. The Bank may at its sole discretion refuse to carry out any of the Customer's instructions or transactions where such instructions or transactions are inconsistent with the Bank's policy or any law or any rules or regulations to which the Bank is subject to or for any other reason. Notwithstanding the above, the Bank is hereby authorised to comply with instructions received by the Bank under the PBLeBank Services.

6. AVAILABILITY OF SERVICES

6.1

The PBLeBank Services 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 PBLeBank Services may not be accessible due to system maintenance or other reasons or cause which are beyond the control of the PBB Group. The Customer acknowledges that notwithstanding any provisions herein the PBB Group does not warrant that the PBLeBank Services will be available at all times without interruption.

6.2

In the event that any or all of the PBLeBank Services are not accessible for whatever reasons, the Customer agrees to use alternative means as may be agreed between the Customer and the PBB Group as shall be desired by the Customer at the material time.

7. AVAILABILITY OF FUNDS

7.1	The Customer agrees and accepts that the PBB Group is entitled to set the terms and conditions to all the transactions performed by the Customer through the PBLeBank Services as the PBB Group deems fit from time to time.
7.2	Subject always to the PBB Group's right of set-off as herein referred the PBB Group shall not be obliged to execute or give effect to any instructions given or transactions performed by the Customer unless and until the Customer's Account has sufficient funds available. The PBB Group's right of set-off as herein reserved may be exercised by the PBB Group and any transactions performed and/or instructions given by the Customer may be performed in such order as the PBB Group thinks fit.
7.3	The PBB Group does not warrant or represent that the information including details of the Customer's Account as relayed through the PBLeBank Services is a true and accurate representation or conclusive evidence of the state of the account. The Customer understands and agrees that details of the account as relayed above may not be current or up to date as there may be transactions performed and/or instructions given by the Customer pending processing by the PBB Group at the material time.
7.4	A Statement of Account duly certified by an authorised officer of the Bank shall be final and conclusive and shall be binding on the Customer as evidence of all transactions carried out on the Customer's instructions.

8. TRANSFER OF FUNDS

8.1	Transactions of funds transfers where the Customer is transferring funds between the Customer's own accounts or to a third party account maintained with the same Bank or any other bank, such transfer is subject to the availability of funds in the Customer's Account.

9. EXCLUSION OF LIABILITY

In addition to and not in derogation of express provisions in the terms and conditions herein, the PBB Group shall not be responsible or liable for any damage (whether special or consequential), loss, embarrassment, goodwill expenses or loss of profit incurred or suffered by the Customer by reason of or in connection with the followings:

9.1	the Customer's use of the PBLeBank Services;
9.2	the PBLeBank Services not being available;
9.3	any access, use or inability to access or use this website and/or any other website linked to this website;
9.4	any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the PBB Group or its agents;
9.5	attack or interference by any computer virus, corruption, worms or by any person;
9.6	any failure or delay attributable to services provided by any Network Service Provider;
9.7	failure or delay in the execution of any of the PBB Group's obligations due to any cause beyond the control of the PBB Group including but not limited to causes such as strikes, industrial action, civil disturbances, flood, earthquake, landslides or Acts of God or computer, electronic, communications or electrical system failures of any nature whatsoever, malfunction or breakdown, or the interruption, non supply, breakdown or failure in supply of electricity or power for any length of time;
9.8	any inaccuracies, errors, defects of any content of this website or other websites linked to this website;
9.9	any operation malfunction or defect of the Customer's computer terminal, systems or software used in accessing the PBLeBank Services;
9.10	any omission, delay in performance or non-performance of the Customer's obligations under the provisions of the Terms and Conditions;
9.11	the PBB Group acting on instruction transmitted with the use of the Customer's User ID and Password;
9.12	the PBB Group acting on instructions of any one authorised signatory of a Joint Account; and
9.13	the access of any site linked to this website.

10. COPYRIGHT AND TRADEMARK

Unless otherwise indicated, all copyrights, trademarks/ servicemarks, patents, logos and other intellectual property rights of the PBB Group or others in this website and contents whereof and in the PBLeBank Services (including, but not limited to, all information, details, graphics, data, files, text, sound recordings and the sequence and arrangement of the same) shall at all times vest and remain vested in the Bank, the PBB Group or the relevant third party proprietor as the case may be. No part or parts of this website may be reproduced, copied, modified, distributed, published, transmitted, stored, performed, licensed, sold or altered without the prior written consent of an authorised person of the PBB Group or the relevant third party proprietor as the case may be. The insertion of a link to this website on any other website, frame or "mirror" any content of this website on another website or server is prohibited unless with the prior express written consent of an authorised person of the PBB Group or the relevant third party proprietor as the case may be.

11. LINKS

The Customer is advised that the PBB Group may from time to time include links from or to websites that are owned or operated by third parties not under the control of the Bank and/or the PBB Group. Neither the Bank nor the PBB Group will be held responsible or liable for the contents of the websites of such third parties or any consequences of accessing the said websites. The Bank and the PBB Group does not endorse or verify the contents of such linked sites.

Any person who links to this website without the express written consent of the authorised person of the Bank or PBB Group shall be liable for any claim arising out of unauthorised linking.

12. RIGHT OF SET-OFF

The Customer hereby agrees that the PBB Group may at any time without notice recover from the Customer by way of set-off any monies owing to the PBB Group as a result of or incidental to the transactions executed through the PBLeBank Services. The Customer shall not hold the PBB Group responsible for any claims arising out of the PBB Group exercising its right of set-off.

13. DISCLOSURE

13.1

In order to provide the Customer with the wide range of financial products and services offered by the PBB Group on the Internet, it is necessary for information about the Customer to be made known or available through the Internet to each company in the PBB Group and to the PBB Group's agents, suppliers, vendors and service companies that provide support or services for the PBB Group's products and services. Customer's information will not be provided to third parties for purposes other than the above and only such information as is required will be provided.

If the Customer does not agree to the PBB Group revealing or divulging the information provided by the Customer within the PBB Group and PBB Group's agents, suppliers, vendors and service companies, the customer shall write in to the PBB Group at the address below:-

Public Bank (L) Ltd
Level 8(A) & (B), Main Office Tower
Financial Park Labuan
Jalan Merdeka
87000 FT Labuan, Malaysia
email: pbll@publicbank.com.my

13.2

The Customer is agreeable to the disclosure of the Customer's personal information to such persons stated therein and as permitted by law.

13.3

Whilst the PBB Group is committed to take reasonable care and use its best endeavours to ensure that information transmitted and received is secure, the Customer acknowledges the risks involved in using the Internet and that the PBB Group cannot guarantee the security of the said information and that it may not be accessed by unauthorised third parties. The Customer agrees not to hold the PBB Group responsible for any loss or damage suffered arising from the disclosures as specified herein.

14. BANK CHARGES

The Customer hereby agrees and undertakes to pay to the Bank all such service or transaction charges which may impose from time to time in respect of or in connection with the PBLeBank Services, and such service or transaction charges shall be debited from the Customer's Account without prior notice.

15. TERMINATION

15.1	Notwithstanding anything herein to the contrary, the PBB Group may at any time, in its absolute discretion suspend or terminate the Customer's right of access to the PBLeBank Services or any portion thereof without notice and without any obligation to give any reasons therefore or for any reasons whatsoever.
15.2	The PBB Group is entitled to terminate the Customer's rights of access to the PBLeBank Services should the Customer cease to maintain any Account with the PBB Group which can be accessed via the PBLeBank Services or should the Customer's access to such Account(s) be restricted by the PBB Group or any other party for any reason.
15.3	The Customer may terminate the Customer's use of and access to the PBLeBank Services by giving prior written notice to the Bank. The PBLeBank Services to the Customer will be cancelled within seven (7) days from the date of the Bank's receipt of the said notice of termination. The Customer hereby agrees not to use the PBLeBank Services with effect from the date of the Customer's termination notice and further agrees that the Bank shall not be obliged to effect any of the Customer's instructions received on any day falling after the receipt of the Customer's notice of termination.
15.4	In the case of Joint Accounts, each and everyone of the Joint Account Holders agree that the termination of the PBLeBank Services may be given by the authorised signatory(ies) of the Joint Account.
15.5	The Customer acknowledges that termination will not affect the Customer's liability or obligations in respect of instructions already processed and/or effected by the PBB Group on the Customer's behalf.

16. EQUIPMENT AND NETWORK ACCESS

16.1

The Customer shall, at his own cost and expense, be responsible for the purchase, cost, installation, maintenance use and repairs (if any) of the computer equipment, other telecommunication equipment and software ("the Equipment") necessary for the Customer to access the Internet and to the PBLeBank Services. The Equipment shall be in accordance with the specifications, if any, prescribed by the PBB Group from time to time.

16.2

The Customer shall be responsible for all telecommunication charges incurred including such subscription charges, fees and other charges imposed by the Network Service Provider and any other third parties.

17. CUSTOMER'S DUTY OF CONFIDENTIALITY

The Customer hereby acknowledges the strict requirement of confidentiality and obligations imposed upon the PBB Group various Acts (e.g. Banking and Financial Institutions Act 1989 and Labuan Financial Services and Securities Act 2010) and undertakes not to do or cause to be done any act or omission which may cause the PBB Group 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.

In the event the Customer receives any material or data containing information where the Customer is not the intended recipient, the Customer is hereby put on notice that any use, dissemination, distribution or copying of the material or data is prohibited and subject to legal privilege. The Customer agrees to delete such material or data and further agrees to notify the Bank by telephone immediately.

18. INDEMNITY

18.1	The Customer agrees to indemnify and keep the PBB Group fully indemnified against any and/or all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements of any kind whatsoever which may be imposed on, incurred by or asserted against the PBB Group in respect of any statement, representation, communication, act and/or omission in any way relating to or arising out of the negligence of or wilful misconduct of or breach of or any omission, delay, default or failure of the Customer's obligations under the terms and conditions as provided herein or howsoever caused by the Customer and/or any of its officers or employees in the performance of its obligations under the Terms and Conditions.
18.2	The Customer further agrees that the PBB Group shall not be liable to the Customer for and with respect to any third party claim and the Customer shall indemnify and hold the PBB Group harmless from and against any liability claim loss damage or expense of any kind (including strict liability in tort) relating to or arising out of third party rights and the infringement thereof.
18.3	The Customer undertakes to indemnify the PBB Group for any breach of secrecy and any consequences arising therefrom, which shall include any unauthorised or unlawful access to the information by any third party employing any means whatsoever.
18.4	The PBB Group shall not be responsible for fraudulent or unauthorised instructions, or any loss (including consequential loss), damage or liability whatsoever suffered and/or incurred by the Customer unless arising through the negligence or wilful default of that respective company of the PBB Group.
18.5	The Customer's obligations herein shall survive the termination of any of the PBLeBank Services to the Customer by either party.

19. WAIVER

No failure or delay on the part of the PBB Group in exercising nor any omission to exercise any right, power, privilege or remedy provided in the terms and conditions shall constitute a waiver or acquiescence of such default which shall affect or impair any right, power, privilege or remedy herein.

20. SEVERABILITY

If any of the terms and conditions become invalid, illegal, or unenforceable pursuant to any law, then the validity, legality and unenforceability of the remaining provisions shall not in anyway be affected or impaired.

21. CHANGE OF TERMS AND CONDITIONS

The PBB Group reserves the right to vary, amend or supplement any of the terms and conditions by way of notice in such manner as deemed suitable by the PBB Group from time to time. Notwithstanding the same, the Customer should be able to view the revised terms and conditions upon access to the PBLeBank Services at this website and use of the services thereafter shall constitute the Customer's acceptance to the variations, amendments or supplements.

22. SUCCESSORS BOUND

The terms and conditions herein shall be binding upon the heirs personal representatives, executors and successors in title of the Customer and on the successors in title, assigns of the PBB Group or of any company by which the business of the PBB Group may for 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 the PBB Group.

23. NOTICES

The Customer hereby consents to all notices and other communications which concern the PBLeBank Services or are required under the terms and conditions or may be given by the PBB Group in any one of the following manners:
23.1	By ordinary post to the Customer's last known address in the Bank's records and such notification shall be deemed received two (2) days after posting.
23.2	By electronic mail to the Customer's last known e-mail address in the Bank's records and such notification shall be deemed received twenty four (24) hours after sending.
23.3	By display in the PBB Group's business premises and such notification shall be deemed effective upon such display.
23.4	By way of advertisement in one insertion in any national newspaper and such notification shall be deemed effective on the date of publication of the advertisement in any such newspaper.
23.5	By inserting a notice in the Bank'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.
23.6	Broadcasting a message on this website.
23.7	If notified to the Customer in any other manner as the Bank's deems fit.
All notices to the Bank concerning the PBLeBank Services and the terms and conditions shall be in writing, signed by the Customer and shall be sent to the Bank at the following address or delivered or transmitted or by such other way as the Bank may notify the Customer from time to time: Public Bank (L) Ltd Level 8(A) & (B), Main Office Tower Financial Park Labuan Jalan Merdeka 87000 FT Labuan, Malaysia email: pbll@publicbank.com.my

24. LAW AND JURISDICTION

The use of the PBLeBank Services on this website and the terms and conditions herein shall be governed by and construed in accordance with the laws of Malaysia and the parties hereby submit to the exclusive jurisdiction of the Courts of Malaysia notwithstanding that the PBLeBank Services on this website may be accessed in other jurisdictions and not restricted to Malaysia.

The use of the PBLeBank Services outside of Malaysia is subject to the Exchange Control Act 1953, the Exchange Control Regulations of the Central Bank of Malaysia, the Labuan Companies Act 1990, the Labuan Financial Services Authority Act 1996, any fiscal or Exchange Control requirements or regulations operating in the country where the transaction is effected or requested.

The maximum amount of a transaction and the purpose for which it is effected may be determined by Central Bank of Malaysia, Labuan Financial Services Authority and the laws and regulations of the country in which the transaction is effected or requested.

The Customer hereby agrees that the Customer shall be solely responsible for the compliance with all laws applicable to the Customer in the Customer's jurisdiction in respect of the use of the PBLeBank Services.