Welcome
to the MAYBANK2U.COM CYBER MALL website ("Website"), a site
owned by Malayan Banking Berhad ("Maybank") and operated by
TM Net Sdn Bhd ("TM Net").
The following terms and conditions ("Terms and Conditions")
apply to your access and use of this Website and the services
provided herein by Maybank and/or on its behalf. Please read
these Terms and Conditions carefully.
If you do not accept these Terms and Conditions, please discontinue
your access to this Website and/or use of the services immediately.
1.0 GENERAL
This Website enables you to make online purchases or subscription
of displayed goods and services (hereinafter referred to as
"Products") via Maybank's payment service available under
its Internet Banking Service, i.e. Maybank2u.com. In order
to give effect to a purchase transaction via the Website,
you would need to be a Maybank2u.com customer.
You understand that Maybank merely provides you with a forum
in which selected merchants recruited by Maybank (hereinafter
referred to as "Merchants") may make their Products available
and buyers may purchase those Products from the Merchants
online via the use of Maybank's payment service available
under Maybank2u.com. In addition, Maybank also, through its
partner TM Net, provide customer relationship management services
to handle any queries or complaints made by you in relation
to the Website, the Merchant's Products and the service provided
herein. HOWEVER, your actual purchase and subscription of
the Products will be subject to the Merchant's standard terms
and conditions of sale and any other specific terms and conditions
of sale as may be applicable to a particular Product. All
agreements pertaining to the sale and purchase of Products
via this Website therefore shall be between you and the respective
Merchant.
These Terms and Conditions are meant to regulate your access
to this Website and your use of the services herein and they
are to be read together with the terms and conditions applicable
to Maybank2u.com, which will govern your payment transaction(s)
as well as the applicable Merchant terms and conditions governing
the Products. In the event of conflict between these Terms
and Conditions and the terms and conditions governing the
relevant transaction(s) and Product(s) made available herein,
the latter would prevail to the extent of such inconsistencies.
The information, material, functions and content provided
in the pages of the Website may be changed from time to time
with or without notice at Maybank's absolute discretion. Your
continued access or use of the Website and/or the services
provided herein subsequent to any such change will be deemed
as your acceptance to those changes.
2.0
DISCLAIMER OF WARRANTIES AND LIABILITY
The materials and information in this Website, including but
not limited to the Product description, information, data,
text, graphics, audio, video, links or other items (hereinafter
collectively referred to as "materials and information"),
are provided on an "as is" and "as available" basis. References
to materials and information contained in the Website include
such material and information provided by third parties.
Although Maybank shall use its reasonable efforts to ensure
the accuracy and validity of the materials and information
made available on the Website, Maybank does not make any express
or implied warranties, representations or endorsements including
but not limited to any warranties of completeness, accuracy
usefulness, reliability, fitness for a particular purpose
in respect of the Website, the material and information and/or
functions therein and expressly disclaims liability for errors
and omissions in such materials and information and/or functions.
Further Maybank does not warrant or represent that access
to the whole or part(s) of this Website, the materials and
information and/or functions contained therein will be provided
uninterrupted or free from errors or that any identified defect
will be corrected, or that there will be no delays, failures,
errors or loss of transmitted information, or that no viruses
or other contaminating or destructive properties will be transmitted
or that no damage will occur to your computer system.
Maybank also provides no warranties or representations with
regards to the Products made available by the Merchants on
the Website including but not limited to the merchantability,
fitness for particular purpose, satisfactory quality of the
Products. Unless otherwise expressly stipulated, all Products
made available by the Merchants on the Website shall be the
responsibility of the respective Merchants.
3.0 YOUR CONDUCT
Your access and use of this Website shall at all times be
in accordance with all rules, regulations, laws and legislation
governing the same and any guidelines and policies of Maybank
pertaining thereto. You shall not conduct yourself in a way
which: (a) disrupts the access and use of this Website and
the products and services provided hereunder by others;
(b) disrupts the provision of this Website and the products
and services by Maybank and its partners;
(c) adversely affects the rights of Maybank, its partners
or any other persons;
(d) gives rise to civil liability or constitutes a criminal
offence;
(e) is objectional to public morals and decency;
or otherwise misuse in any way, this Website, its contents
and the services provided hereunder. Neither shall you assist
or enable others to perform or carry out the acts as above
mentioned.
4.0 ITEMS PUT UP FOR SALE
All Products up for sale is merely an invitation to treat
and is not an offer capable of acceptance. All offers by you
to purchase any Products on this Website are subject to acceptance
by the Merchants recruited by Maybank. We reiterate that the
contract for the purchase of the Product shall be between
you and the relevant Merchant and shall be subject to the
standard Merchant terms and conditions of sale as may be stipulated
on the Website and/or any other terms and conditions as may
be applicable to a particular Merchant's Product.
5.0 YOUR CYBER MALL REGISTRATION
In the event that you wish to proceed with the purchase or
subscription of any of the Products made available via the
Website, you would need to go through a simple registration
process where you will be required to select a login name
and password for the creation of an account with the Cyber
Mall.
You shall provide and maintain true, accurate, current and
complete information about yourself when registering for your
account.
You shall be solely responsible for maintaining the confidentiality
of your login name and password, and you agree to accept responsibility
for all activities that occur under your account or password
whether or not authorised by you and you shall immediately
notify Maybank and/or TM Net if it comes to your knowledge
that your login or password has been compromised or there
has been unauthorised use of your account.
Maybank shall not be liable for any damage or loss of any
kind suffered by you as a result of unauthorised use of your
login name and password.
Maybank reserves the right to refuse service, terminate and/or
suspend accounts, remove or edit content, or cancel orders
in its sole discretion. In particular, and without limitation,
Maybank may terminate and/or suspend your account should you
violate any of these Terms and Conditions, or violate the
rights of Maybank, of any other user(s) or of any third party
(ies).
6.0 DELIVERY, TITLE AND RISK OF LOSS
The delivery of all Products purchased via the Website shall
be the responsibility of the Merchant. With the exception
of subscription based products, the delivery of Products purchased
via the Website shall be made by the Merchant or any other
third party designated by the Merchant pursuant to the delivery
time schedule as may be stipulated in the Website as applicable
to the Product(s)..
You understand that the timely delivery of the Products shall
be the responsibility of the Merchant and although Maybank
shall through its partner TM Net, provide the resources for
the initiation and handling of all queries, comments and complaints
to be made, neither Maybank nor TM Net shall be responsible
for any delay or failure to deliver the Products in accordance
with the specific delivery time schedule as may be applicable
to the Products.
7.0 RETURN AND REFUND POLICY
Unless otherwise expressly stipulated, Maybank through its
partner TM Net shall handle all requests for the return of
Products via its customer service e-mail at cybermallsupport@tm.net.my.
All queries, comments and complaints in relation to the Website
and the Products made available hereunder may also be made
via this e-mail.
Requests for return of Products can only be made within fourteen
(14) days from the date of delivery of the Products based
on the Merchant's records, and only where the Products delivered
are damaged or defective upon delivery or do not correspond
with the order made by you as verified by TM Net.
Returns however will not be made or will be made subject to
additional charges, where the Product(s)' failure to correspond
with the order made by you is due to your failure to provide
accurate or complete instructions with regards to your purchase
order.
All return requests will be subject to verification and approval
by TM Net. For the avoidance of doubt, no cancellation of
order or exchange of Product for another item of similar or
different value shall be allowed.
All Products approved by TM Net to be returned to the respective
Merchant must be securely packaged and wrapped. The delivery
cost for the return of the Products shall be borne by you.
All Products returned shall be exchanged with a Product of
the same description in the Purchase Order.
A refund in relation to a returned Product will only be made
where the Merchant has no more stock of the returned Product.
For a more detailed explanation of our return and refund policy,
please check the Website.
8.0 COPYRIGHT
All content included on this Website, such as text, graphics,
logos, button icons, images, audio clips, digital downloads,
data compilations, and software, are owned and/or licensed
by Maybank, TM Net and/or its content supplier and are protected
by copyright, trademarks and other laws. The compilation of
all content on this Website is the exclusive property of Maybank
and is protected by copyright laws.
9.0
TRADEMARKS
All trademarks, service marks and logos displayed on this
Website are owned and/or licensed to Maybank, TM Net and/or
their respective third party proprietors as identified on
the Website.
Unless the prior written consent of Maybank, TM Net and/or
the relevant third party proprietor(s) of any of the trademarks,
service marks or logos appearing on the Website has been obtained,
no license or right is granted to any party accessing this
Website to use, download, reproduce, copy or modify such trademarks,
service marks or logos. Similarly, unless the prior written
consent of Maybank, TM Net and/or the relevant proprietor(s)
has been obtained, no such trademarks, service marks or logos
may be used as a link or to mark any link to the Website or
any other site owned and/or controlled by Maybank.
10.0 LICENSE AND WEBSITE ACCESS
Maybank grants you a limited license to access and make personal
use of this Website and not to download (other than page caching)
or modify it, or any portion of it, except with express written
consent of Maybank. This license does not include any resale
or commercial use of this Website or its contents; any collection
and use of any product listings, descriptions, or prices;
any derivative use of this Website or its contents; any downloading
or copying of account information for the benefit of another
merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This Website or any portion
of this Website may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of Maybank. You may
not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images,
text, page layout, or form) of Maybank and/or its relevant
third party proprietor without express written consent. You
may not use any metatags or any other "hidden text" utilizing
Maybank's name or trademarks without the express written consent
of Maybank. Any unauthorised use terminates the permission
or license granted by Maybank.
11.0
EXCLUSION OF LIABILITY
Neither Maybank nor TM Net shall in any event be liable for
any loss or damage howsoever arising whether in contract,
tort, negligence, strict liability or any other basis, including
without limitation, direct or indirect, special, incidental,
consequential or punitive damages, or loss profits or savings
arising in connection with your access or use or the inability
to access or use this Website (or any third party link to
or from the Website), reliance on the information contained
on the Website, any technical, hardware or software failure
of any kind, the interruption, error, omission, delay in operation,
computer viruses, or otherwise.
This exclusion clause shall take effect to the fullest extent
permitted by law.
12.0 INDEMNITY
You hereby irrevocably agree to indemnify and keep indemnified
Maybank and/or TM Net from all liabilities, claims, losses
and expenses, including any legal fees that may be incurred
by Maybank and/or TM Net in connection with or arising from
(1) your misuse of this Website and the services provided
herein, or (2) your breach of these Terms and Conditions howsoever
occasioned, or (3) any intellectual property right or proprietary
right infringement claim made by a third party against Maybank
and/or TM Net in connection with your use of this Website.
13.0 WEBSITE LINKS
This Website may contain links to website(s) controlled or
offered by third parties other than Maybank. Maybank hereby
disclaims liability for any information, materials, products
or services posted or offered at any of the third party websites
linked to this Website. By creating a link to a third party
website, Maybank does not endorse or recommend any products
or services offered or information contained at that website,
nor is Maybank liable for failure of products or services
offered, or advertised at those websites. Such third parties
may have a privacy policy different from that of Maybank,
and the third party website may provide less security than
this Website.
14.0 ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to Maybank or TM
Net, you are communicating with us electronically. You consent
to receive communications from us electronically. We will
communicate with you by e-mail and/or by posting notices on
this Website. You agree that all agreements, notices, disclosures
and other communications that we provide to you electronically
satisfy any legal requirement that such communications be
in writing.
15.0 COLLECTION AND USE
OF PERSONAL INFORMATION
In addition to disclosure of identification and contact particulars
as contemplated herein, Maybank and/or TM Net as authorized
by Maybank, shall collect, store, compile and utilize information
to enable you to purchase Products from this Website. TM Net
may provide certain information and data about you to any
other third parties for purpose of delivering the product
to you. Other than for the aforementioned reasons, Maybank
and/or TM Net will not disclose your name, address, telephone
number, e-mail addresses or any other personal identifying
information, unless you give Maybank and/or TM Net consent
to do so or as may be required by law or pursuant to any request
or directives by regulatory authorities or governmental bodies
or agencies.
16.0 CURRENCY
All transactions on the Website are to be conducted and payable
in Ringgit Malaysia (RM), unless otherwise indicated.
17.0 LAW AND JURISDICTION
These terms and conditions are governed by and are to be construed
in accordance with the laws of Malaysia. By accessing this
Website and/or using the services provided herein by Maybank,
you hereby consent to the exclusive jurisdiction of the courts
of Malaysia in all disputes arising out of or relating to
the use of this Website.
Maybank makes no representation that the materials, information,
functions and/or services provided on this Website are appropriate
or available for use in jurisdictions other than in Malaysia.
18.0 WAIVER
The failure of Maybank to exercise or enforce any right or
provision of these Terms and Conditions shall not constitute
a waiver of such right or provision.
19.0
SEVERABILITY
If any of these conditions or part thereof shall be deemed
invalid, void, or for any reason unenforceable, that condition
or part thereof shall be deemed severed and shall not affect
the validity and enforceability of any remaining terms and
condition.
