Terms and conditions
Last modified: August 21, 2024
General Terms and Conditions
- These terms and conditions (“Agreement”) apply to your access and the services provided by Kenanga Digital Sdn Bhd (“us” or “we” where applicable) through the KDi GO Platform (“KDi GO“) including any downloads, installations or use of any associated software supplied by us (“Software”). By accessing or using the KDi GO, you are taken to have agreed to the terms and conditions under this Agreement.
- This Agreement may be updated by us at its sole and absolute discretion from time to time by posting the updated version of the same without prior separate notification to you. You should check this Agreement each time you access the KDi GO to check for updates. Your continued use of the KDi GO shall be deemed as your acceptance of any changes, amendments and/or variations. We further reserve the right to change, suspend or discontinue any aspect of the KDi GO without prior notice to you.
- All references to “Kenanga Group” shall mean Kenanga Investment Bank Berhad and its group of companies including its subsidiaries and related companies.
Terms and Conditions of Use
- We grant to you a revocable, non-exclusive, non-transferable, non-assignable, personal and limited licence to use KDi GO and the Software subject to the terms and conditions set out in this Agreement.
- Do not disclose any information to prevent unauthorised access. Sharing of access is strictly prohibited at any point in time.
- The KDi GO is provided on an “as-is” basis and we do not warrant that the service will meet a certain standard, be free from error, delay, omission or failure or be suitable for your purpose, or that any data provided through the KDi GO will be accurate and/or complete.
- You agree not to transmit to the KDi GO any materials which could reasonably be held to constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of any country or other competent authority, or infringe the rights of any third party enforceable in any part of the world.
- You shall also be bound by the full terms and conditions of the usage of KDi GO and access which we will provide to the users through this KDi GO. The continue usage of KDi GO shall imply that you agree and accept the terms and conditions therein. From time to time, we may change the content, presentation, performance, facilities or availability of any part of KDi GO.
- We reserve the right to remove any materials from the KDi GO, where it reasonably suspects that such materials are prohibited by this Agreement or are otherwise inappropriate.
- To use KDi GO, you must provide such information and documents we may request from time to time, subject to the following requirements:
a) you have completed an application or registration form required by us through our website, mobile app and/or via other methods as required by us;b) you have received an acceptance notice directly from us confirming that your application has been accepted and that you may use and access the KDi GO, your account; and
c) you satisfy any such other criteria as we may determine from time to time.
- For the avoidance of doubt, we are not obliged to open any account for you even if you meet the requirements set out in Clause 10 above.
- You shall only apply for one account and any such account that we confirm acceptance to you must belong only to you and is not transferable to any other person. You shall not register for more than one account and/or on behalf of any person other than yourself.
- You are deemed to have accepted the terms and conditions of this Agreement upon your first access and use of your account.
- By signing up an account with us, you agree that any and/or all transactions on the KDi GO shall be carried out via the Kenanga Money e-wallet and/or any other transitionary accounts as we deem fit to facilitate the operations of KDi GO (“Services”), and you shall be deemed to have agreed to subscribe to such Services and to accept the terms and conditions set out below.
- We may monitor all your use KDi GO to detect any improper activity relating thereto. You shall comply in a timely manner with our requests for information, documents and other material requested by us.
- Your account will be deemed dormant if you have not accessed your account or otherwise undertaken any activity in relation to your account for seven (7) years, in which case, we reserve the right to de-activate your account.
- If you wish to resume activity, you will have to reactivate your account by providing us with such information as we may require, to authenticate your identity. If we determine in good faith that we are still unable to trace you seven (7) years following dormancy, your account will be terminated.
- You may only open an account with us as an individual and be at least 18 years of age.
Representations
- You represent and warrant that:
a) you are an individual, and the legal and beneficial owner of your account;b) all information and documents provided to us, including the information contained in the on-boarding process completed by you prior to opening an account with us, are true, correct and complete and not misleading in any way;
c) you have the capacity, power and authority to enter into, exercise your rights and perform all actions, conditions and things required to be taken, fulfilled and done, in order (i) to enable you to lawfully enter into, exercise your rights and perform and comply with your obligations under this Agreement, and (ii) to ensure that those obligations are valid, legally binding and enforceable, have been taken, fulfilled and done;
d)you understand that we may at its absolute discretion approve the opening of your account or reject your application without assigning any reason whatsoever;
e) you shall maintain adequate security measures to safeguard the use of KDi GO and the Software from unauthorised access or use, and shall comply with the security procedures and technical standards as notified by us from time to time (if any);
f) you are at least eighteen (18) years old and you are neither insolvent nor an undischarged bankrupt;
g) the particulars and information including any relevant document given are true and correct and you have not withheld any material facts or information from us. You undertake to furnish us with such additional particulars including any relevant document as we may require from time to time;
h) you further authorise us to verify the information given by you from any source (including third parties and regulatory bodies) and in such manner as we shall deem fit. You undertake to inform us in writing should there be any change(s) to your particulars declared and provide the relevant documentation;
i) you hereby also authorise us to reveal any information related to your account or yourself to any such regulatory/statutory bodies or authorities without giving you notice nor first obtaining your approval;
j) you consent for us and the credit reporting agencies to obtain and/or disclose any Credit Information (as defined under the Credit Reporting Agencies Act 2010 including information from the databases of Bank Negara Malaysia known as CCRIS and DCHEQS) relating to you from and/or to the credit reporting agencies, Bank Negara Malaysia or any source deemed appropriate;
k) you consent to the disclosure required by any regulatory authorities, and to such agents, service providers and subcontractors of ours, with regards to information or documents relating to our affairs and in particular, relating to your account(s) (for example balances, account particulars and transactions). This consent shall be valid until revoked by us. You hereby release the regulators from any loss or liability arising from or in connection with this authorisation except for loss or liability which you may suffer as a result of any act, statement or omission that was not done in good faith by the regulators;
l) you further consent for us to deal and process your personal data in accordance with our Personal Data Protection Notice available at kenanga.com.my/pdpa;
m) you shall update your personal information within 30 days should there be any changes to the information or declarations made herein;
n) you authorise us and our authorised officer to issue and deliver documents (including statements and correspondences) and any other notices by way of electronic means or online devices from time to time through email and/or such other means as we may choose. Subject to any applicable regulations/laws, by providing your email address and handphone number to us, you have consented to receive communications and/or information from us relating to your investment via email and / or SMS. Notices delivered via email and/or SMS to you are deemed sent and received on the date such email and / or are sent;
o) you acknowledge, accept and assume the risk associated with the transfer of documents/information by way of electronic means or online devices and/or delivery, including but not limited to delays or failure in the transmission due to breakdown or failure of transmission or traffic congestion of communications or any other cause(s) beyond your control or anticipation and/or inherent risks in receiving such documents by way of electronic means or online devices. You will not dispute or challenge the validity, enforceability or admissibility of any documents issued and delivered by way of electronic means;
p) in the event of a system failure, you consent to receive documents via post, fax or such other means as we deem fit and appropriate; and
q) that any documents sent to your email address provided to us by way of electronic means shall be deem to be duly served on you on the day such communication by email was made.
Other Websites
- For your convenience and information, KDi GO may provide links to other sites operated and controlled by third parties (“External Websites“). We shall not be responsible for the availability of these external resources or their contents, and shall not be liable for any information or services which may appear on such External Websites. The content on such External Websites will not have been developed, checked for accuracy, or otherwise reviewed by us. Any hyperlinks to any External Websites are provided only as a matter of convenience to you and shall not be deemed as an endorsement or verification of such websites and such External Websites should be accessed at the user’s own risk. You should also be aware at all times that the terms and conditions appearing on each and every External Website and the External Website’s privacy policies may differ from those applicable to your use of the Website. We are not a party to any contractual arrangements entered into between you and the provider of the External Websites unless otherwise expressly specified or agreed to by us in writing.
- We make no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.
- You hereby duly agree and accept that under no circumstances will you hold us liable for any loss or damage caused as a result of your access to the External Websites. We shall also not be responsible for any damages or losses caused as a result of the following:
a) the use of or reliance on any content, goods or services available on the External Website;b) any delays, defects or omissions that may exist in the service; and
c) information or other content provided in such External Websites, whether actual, alleged, consequential or punitive.
Security Precautions
- You are solely responsible for the activities when accessing and using KDi GO, your username and password. You shall use all reasonable means to secure usernames and passwords and shall promptly notify us if you suspect that your username and password has been compromised. The KDi GO account may only be accessed and used by you. You acknowledge that use of KDi GO by any person other than yourself may constitute a material breach of this Agreement.
- We will treat all your instructions or order as genuine and carry them out, even if given without your authorisation.
- You must notify us immediately if you become aware of or have reasonable suspicion that there is any breach of security, loss, theft or unauthorised use of your account.
- You shall not introduce into KDi GO any content, materials or code which contains any virus, Trojan horse, work, time bomb, cancelbot or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal data. You undertake not to back into, disrupt, disable, burden or otherwise interfere with the accessibility or impair the proper function of KDi GO, the services which we may provide to you pursuant to any agreement or the systems, which shall include, without limitation, modifying, copying, sub-licensing, selling, leasing, spoof attacks, backing, sniffing, tampering, denial-of-service attacks, tampering, reverse engineering or reprogramming KDi GO and/or the Software in any way. You shall also not extract ideas, algorithms, procedures, workflows or hierarchies from KDi GO and/or the Software for the purposes of developing any other software based on concepts, functions, or operations similar to those of KDi GO.
- You shall indemnify us from any loss and damages suffered by us arising from or in connection with your use of KDi GO herein, including but not limited to your failure to secure your own user ID and password.
Disclaimer
- We may record any telephone conversation or utilise any electronic communication conducted between you and us or our personnel and to retain such recordings and use them in such manner as we consider appropriate. The recordings shall be admissible in evidence in legal proceedings and shall have the same probative value as a written original document. You shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records and you hereby waive any right (if any) to so challenge or dispute. You agree that the recordings made by us shall be conclusive evidence of the contents and shall be binding on you.
- We will try to provide accurate and timely information. However, there may be inadvertent delays, omissions, inaccuracies caused by data entry or technical errors. Please do not rely solely on the information provided and make your own assessment and inquiries in respect of the accuracy and completeness of the information provided. We do not warrant the accuracy or completeness of the information, graphics or other items provided within KDi GO.
- We and our licensors disclaim to the fullest extent permitted by applicable laws all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, up-to-dateness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, we do not warrant that our services, functions contained in or access to KDi GO, or other content will be timely, uninterrupted or error-free without omission, that defects will be corrected, or that KDi GO or its contents are free of infection by computer viruses and/or other harmful or corrupting code, programme, macro and such other unauthorised software, or that the download, installation or use of any System or content of KDi GO in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through KDi GO. Nothing under this Agreement shall require us to create or deliver any updates to KDi GO and/or Software or provide any such support to you. In the event we provide to you with any updates to KDi GO and/or Software, such updates shall be licensed to you in accordance with the terms and conditions of this Agreement.
- We are not liable to you for any loss or damages, including loss of profit or business revenue, reputation, goodwill, business, use, anticipated savings, loss or corruption of data or any costs, damages or claims (whether direct or indirect), or any indirect or consequential loss or damage suffered or incurred by you arising out of use of KDi GO or any data, including without limitation, in connection with any fault, error, interruption, delay, omission or failure of the data.
- The information provided on KDi GO is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to laws or regulations or which would subject us to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in KDi GO constitutes a solicitation or offer by us to buy or sell any securities, funds or other financial instruments or provide any investment advice or service whatsoever and KDi GO cannot under any circumstances be relied upon for investment dealings of whatever nature. You are advised to obtain separate independent professional advice before making any decision to trade/invest in securities or invest in any financial instruments.
- Whilst every care has been taken in preparing the information and materials, the information on KDi GO is provided on an “as is” basis without any warranty or indemnity of any kind either expressly or implied, including but not limited to any implied warranties or indemnities or implied terms of satisfactory quality, merchantability, fitness for a particular purpose, title or non-infringement. All such implied terms, warranties and indemnities are hereby excluded.
- We will not be held responsible for any loss or damage that could result from interception by any third parties of any information made available to you via KDi GO. Although the information provided to you on KDi GO is obtained or compiled from sources we believe to be reliable, we cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither we, nor any of our 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 may incur in the event of any failure or interruption of KDi GO, or resulting from the act or omission of any other party involved in making KDi GO or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of KDi GO or the materials or information therein, whether or not the circumstances giving rise to such cause may have been within the control of KDi GO or of any vendor providing software or services support.
- In no event will we or any such parties be liable to you for any other damages of any direct, special, indirect, consequential, incidental damages or any other damages of any kind even we or any other party have been advised of the possibility thereof.
- If any provision of these disclaimers and exclusions shall be unlawful, void or any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Assumption of Risks
- You acknowledge that there are certain security, corruption, transmission error and availability risks associated with using KDi GO and agree, to the maximum extent permitted under applicable laws, to assume such risks. Without limiting the generality of the foregoing, you acknowledge and accept, given the nature of electronic transactions and electronic telecommunication platforms such as KDi GO, the unique risks of using KDi GO, which include, but are not limited to, the following:
a)delays in, or inability to, access or use KDi GO due to any hardware, software, system or connection failure, error, malfunction, omission, interruption, delay in transmission or computer virus;
b) loss, or errors in transmission, of data or information that may occur due to any cause whatsoever, including any failure of any of our electrical, electronic, computer, microprocessor, recording or communication system;
c)the need to conduct maintenance of KDi GO system infrastructure from time to time, and any delay, failure, error or omission which may ensue therefrom; and
d) the failure of any electronic security measures including, without limitation, filters, authentication processes and anti-virus software, whether or not for the protection of the integrity of KDi GO, the privacy of your information or otherwise, and you agree that we shall not bear any liability or losses of any kind, and you shall release us from any claim you may have, with respect to or referable to the above risks and any losses arising therefrom, regardless of whether we had been advised, or were aware of the possibility, of such risks. You shall assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in the computer or systems, if required.
Liability
- By using our KDi GO you are deemed to have agreed and accepted that we will not be held liable under any circumstances, including negligence, for any direct, indirect or consequential loss arising from your use of the information and material contained in our KDi GO or from your access to the linked External Websites. We shall also not be liable for any material provided by third parties with their own respective copyright and shall not under any circumstances, be liable for any loss, damages or injury arising from these materials.
- The exclusions and limitations described herein shall apply only to the extent permitted by law, without prejudice to our rights to seek legal redress in accordance with the applicable laws. We shall not be liable to you for any direct damages, loss of profits, revenue, data, reputation or goodwill, or for any indirect, incidental, consequential, special or punitive damages for any matter relating to the Software, whether such liability is asserted on the basis of contract, tort (including, without limitation, negligence or strict liability) or otherwise, and even if informed of the possibility of such If any of our third-party licensors are found liable directly to you for any damages, their total liability related to this shall not exceed an amount equal to the total fees paid by you for the use of KDi GO. The existence of more than one claim or cause of action will not enlarge the foregoing limit.
Privacy
- You agree that your information may be made available, without limitation to:
a) our agents, affiliates or advisors, custodian/sub-custodian’s agent’s or advisors, security providers, rating agencies, or advisors (including but not limited to accountants, auditors, lawyers, financial advisors or other professional advisors);b) any other person notified by you as authorised to give instructions or to use the account(s) / facility(ies) or products or services on your behalf;
c) any third party as a result of the acquisition or sale of any company by us or our affiliates;
d) in connection with any regulatory report, audit or inquiry;
e) to the extent reasonably required for the performance of its obligations under this Agreement; and
f) all relevant and applicable authorities/regulators pursuant to a subpoena or order of a court, and/or pursuant to any law.
- Your personal information provided to us shall also be governed by the terms and conditions set out in the Personal Data Protection Notice available at kenanga.com.my/pdpa. We shall deal with your data and personal information in accordance with such Personal Data Protection Notice as may be amended or supplemented from time to time. You hereby confirm that you have read and understood the Personal Data Protection Notice and accept the terms and conditions. For the most current version of the Personal Data Protection Notice at all material times, please refer to the posting on our website. We do not control the use of your personal information that you may share with the External Websites. You are advised to make yourself aware of their respective terms and conditions in this respect (if any).
- We are committed to establish and maintain effective measures to safeguard the confidentiality of the information contain within KDi GO from unauthorised access. You shall use the information for the purpose for which it is intended to be used. The information may be shared within us, our service providers and sub-contractors and may be disclosed outside us as required to do so by the relevant regulatory authorities, and/or as required by laws or regulations, such as related to Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (without obtaining your prior permission).
- We reserve the right to use and disclose to other parties any information or data supplied by you to us or generated by us using the information provided by you for the purposes of managing your account, for analysis in order to assess and improve the services offered herein, and for any other purpose in order for us to provide you the services herein.
- You acknowledge that KDi GO and the Software are proprietary to, and forms part of, the confidential information of our third-party licensors. You acknowledge that all intellectual property rights pertaining to KDi GO and all derivatives belong to and shall remain owned by us and/or our third-party licensors as the case may be.
- All intellectual property rights in and relating to KDi GO and the Software (and in any developments, modifications or additions that be made from time to time), as well as any records in relation to it (including any database but excluding the physical media on which the record of database is recorded) shall belong to us. All intellectual property rights in relation to products available on KDi GO, shall belong to and remain the sole and exclusive property of our respective partners.
- You further acknowledge and consent that your personal data and/or any data received by us as part of the transaction (including without limitation financial data, logistical transactional data and analytical data), whether through KDi GO and/or our partners shall be stored, used and/or processed by us. We may use, process and/or disclose your personal data for the following purposes in and/or outside Malaysia:-
a)to assess and process your applications for our products and/or services including to handle any issue and/or query during such applications;b) to manage and maintain your accounts with us;
c) to conduct credit checks and assisting other financial institutions to conduct credit checks;
d) to evaluate your financial needs;
e) for crime or fraud detection, investigation, prevention, prosecution and compliance with sanctions, including know your customer (KYC) and regular politically exposed persons (PEP) screening;
f) to respond to the requirements of a civil or criminal legal process, government and/or any regulatory body, and/or for regulatory compliance purpose and/or as required by law or regulation (including the European Union member states);
g) for debt collection and enforcement of your obligations to us;
h) for market research and statistical analysis and surveys with the aim of improving our products and services;
i) to provide you with information on our and third party products and services which may be of interest to you;
j) to compare information/data for accuracy of our records, and verify with third parties;
k) to research, design and improve our products and services, operational and business processes;
l) to support our business, financial and risk monitoring, planning and decision making;
m) to handle complaints and queries;
n) for audit, compliance and risk management;
o) to transfer or assign our rights and duties under any governing terms and conditions between us and yourself;
p) to perform shared services within the Kenanga Group;
q) for the outsourcing of business and back room operations of the Kenanga Group;
r) for security reasons in particular personal data collected from close circuit televisions (CCTV) installed at our premises or any other security surveillance systems;
s) for the transfer, storing and processing of your personal data to a cloud service provider whether within Malaysia or outside Malaysia in order to carry out any of the purposes as set out in this Clause 46;
t) to transfer your personal data to foreign jurisdictions to enable any cross border transactions, for the performance of a contract, for the purposes of legal proceedings, upon written request from a foreign regulatory or government authority or body, to protect your vital interest or where it is in the public interest to do so; and/or
u) for any other purposes that is required or permitted by any law, regulation, order and/or guidelines.
Suspension or Termination
- We may temporarily suspend or immediately terminate your access to KDi GO at any time if:
a)in our reasonable business judgment such action is necessary to prevent material errors or harm to any system or network;b) your access to or use of KDi GO in an unauthorised manner, including any attempt to gain access to data or information relating to customers or any use that infringes third party intellectual property rights or violates any applicable law, rule or regulation;
c) you have breached the terms of this Agreement;
d) you are using KDi GO in a manner that may cause us to breach applicable laws, have legal liability or disrupt others’ use of KDi GO;
e) you are using KDi GO for any illegal activities or where we have reasonable suspicion that you may be doing so;
f) we become aware or suspect that your access methods are stolen, lost, damaged or compromised;
g) we become aware or suspect that the person logged into using your access methods is not you;
h) we are required to do so by applicable laws or pursuant to a request by any government or regulatory body;
i) scheduled downtime or recurring downtime;
j) a Force Majeure Event;
k) you publish, post, transfer, distribute or upload any content or information to KDi GO which is false, misleading or inaccurate, contains rude and inappropriate language or which creates the impression that any content is sponsored or endorsed by us;
l) you copy, modify, adapt or reverse engineer, or attempt to copy, modify, adapt, or reverse engineer, KDi GO or any part thereof; or
m) you transmit any viruses, worms, defects, Trojan horses or any other items of a destructive nature, or that may otherwise compromise the security of KDi GO.
- Upon the termination of this Agreement, you agree to delete all copies of any modules, Software or programmes downloaded by you in relation to KDi GO from all of your devices.
- You must notify us immediately if you become aware of or have reasonable suspicion that there is any breach of security, loss, theft or unauthorised use of your access methods.
- You acknowledge that any unauthorised access to or use of KDi GO shall cause immediate and irreparable harm to us and our third-party licensors. Accordingly, we and/or any of third-party licensors shall also have the right to seek and obtain preliminary and final injunctive relief to enforce the terms of this Agreement, in addition to other rights and remedies that may be available to us.
- For the purpose of Clause 47 of this Agreement, “Force Majeure Event” means any event beyond our reasonable control (and which does not relate to or arise by reason of our default or negligence) which renders impossible or hinders our performance of this Agreement, including the offering of KDi GO thereto, including, without limitation:
a) war, riot, civil unrest or revolution, sabotage, terrorism, insurrection, acts of civil or military authority, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;b) terrorist attacks, civil war, civil commotions or riots;
c) acts of God, epidemic, pandemic, flood, earthquake, typhoon or other natural disasters or adverse weather or environmental condition;
d) any act of state or other exercise of sovereign, judicial or executive prerogative by any government or public authority, including expropriation, nationalisation or compulsory acquisition or acts claimed to be justified by executive necessity;
e) fire, explosion or accidental damage;
f) collapse of building structures or failure of plant machinery, computers or vehicles;
g) interruption or failure of utility service, including but not limited to electric power, gas or water; or
h) any labour disputes, including but not limited to strikes, industrial action or lockouts.
- For the avoidance of doubt, we shall not be in breach of this Agreement, nor liable for any failure or delay in the performance of any other obligations under this Agreement arising from or attributable to any of the circumstances giving rise to a right to restrict (temporarily or permanently) under Clause 47 of this Agreement.
Applicable Law and Jurisdiction
- This Agreement shall be governed and construed in accordance with Malaysian laws, and the courts of Malaysia shall have exclusive jurisdiction to adjudicate any dispute which may arise in relation thereto.
Others
- Your use of the products available on KDi GO, shall be governed by the following terms and conditions:
a) Terms and Conditions for Kenanga Money:
https://www.merchantrademoney.com/wp-content/uploads/2021/09/Terms-Conditions-MM-End-User.pdfhttps://www.merchantrademoney.com/wp-content/uploads/2021/09/TNC_KIBB_17.09.2021.pdf
b) Account Opening Agreement for Kenanga Digital Investing:
https://digitalinvesting.com.my/account-opening-agreement/