MySuccess Portal's Terms of Use

RHB Asset Management Sdn Bhd ("RHBAM") provides this MySuccess Portal as defined herein below and/or such other services which may be provided by RHBAM from time to time. Please read the following terms of use which govern your access to and use of this MySuccess Portal carefully. By your access and use of this MySuccess Portal, you acknowledge and agree to be bound by the following terms and conditions; which terms and conditions are in addition to and/or without derogation to the specific rules, procedures and terms and conditions set out and/or provided in the Application Form and other relevant documents governing your Account/s opened with RHBAM.

RHBAM reserves the right to vary, amend or modify or impose new conditions at any time without any notification to you. Any such variations, amendments or modifications will be reflected by an update on this website. You are therefore responsible to check this terms of use regularly to be aware of any such changes. Your continued access of this website following the posting of any changes to this terms of use shall constitute your acceptance and agreement of the same.

If you do not accept the following terms of use, please immediately discontinue your access to this website and/or use of MySuccess Portal.


 1. Definitions:

In these terms of use, unless the context otherwise requires, the following words and expressions have the following meanings:

"MySuccess Portal": - means the products, facilities and services of RHB Asset Management Sdn Bhd ("RHBAM"), that may be introduced by RHBAM from time to time.

"Account": - means one or more of your Accounts, joint or otherwise, with RHBAM as may be made available for access via MySuccess Portal from time to time.

"Instruction/s" :- means instruction/s given by yourself in respect of your Account/s or any transaction of any kind, in respect of or in relation to MySuccess Portal or any part thereof.

"Password": - means a unique string of characters/numbers assigned by RHBAM to you and recognised by the system, which must be keyed in by you in order for the MySuccess Portal system to authenticate your Username and grant you access to the MySuccess Portal or any part thereof.

"Username": -means a unique name personal to you and which is made up of a string of characters chosen by you which must be keyed in by you in order for the MySuccess Portal to associate the Username with your user profile.

"You", "Your": - the Applicant /Customer/Account Holder of the MySuccess Portal, as the context requires.

To register, you must be at least eighteen (18) years of age and possess the legal capacity to enter into legally binding contracts. You agree that all information provided by you in the registration process is true, accurate, current and complete and you further agree to maintain and promptly update your registration data to keep it true, accurate, current and complete.

In the event the information provided by you is found to be or if RHBAM discovers or has reasonable grounds to believe it to be untrue, inaccurate, not current, or incomplete, RHBAM has the full right to suspend or terminate your access into MySuccess Portal without having to give any reason and/or prior notice.


 2. Password, Security and Confidentiality

• Upon submission of your registration details and its acceptance by RHBAM, you are required to enter a login User name and a Password will be assigned to you. You are strongly to change the Password immediately.

• You understand and agree that you shall be accountable and be fully responsible at all times for maintaining the confidentiality of your Password.

• You accept that you are solely responsible for the confidentiality and safekeeping of your password. At no material time, must you disclose your Password to any third party including the staff of RHBAM.

• If you discover any breach of security or have reasonable grounds to believe that someone has used your Username and/or Password without your authorisation, or has, in your judgment, violated these terms of use, you should notify RHBAM immediately. Until the notification is received, you will be responsible for any instruction purported to be placed by you and RHBAM is entitled to treat such instructions as authentic.

• RHBAM shall not be liable for any actions, claims, costs, damages (including any claim for loss of profits), or expenses arising from or connected to the misuse or compromise of your password.

• You agree not to reproduce, transmit, publish, adapt, edit, alter, hyperlink to, broadcast, distribute, disseminate, duplicate, copy, modify, sell, resell or exploit for any business or commercial purposes, any portion of the Services, use of the Services, or access to the Services.

• You hereby agree to fully indemnify and hold harmless RHBAM, or any of its affiliates or its third party vendors, licensors, advertisers or its information suppliers against all liability, cost or damages arising out of claims or suits by such third in relation to such unauthorised use and breach of security.


 3. Instructions and your liability for the same

• You are responsible for each and every instruction/s or activity in relation to your Account via the MySuccess Portal, resulting from the successful access or use of your password, regardless whether the instruction/s are from you or from any person purporting to be you or authorized by you or from any third party acting with or without your knowledge or consent.

• You agree that RHBAM may rely on any instruction/s given without any further enquiry or verification and you hereby authorize RHBAM to act upon every such instruction and agree that RHBAM will in doing so, not in any way be liable to you for acting on such instruction/s.

• You however, agree that RHBAM shall not be obliged to act upon any instruction/s which appears, in RHBAM's opinion, to be contrary to any applicable law, regulation, government, court or regulatory body's order, rule or direction or policy or in circumstances in which RHBAM, at its sole discretion deems it is inadvisable to act upon such instruction/s. In such event, you agree and accept that RHBAM shall not be liable for any actions, claims, costs, damages (including any claim for loss of profits) or expenses arising from or in connection to its withholding/refraining from carrying out your instruction/s under such circumstances.

• In the event your Account requires any instructions to be given jointly with another person, RHBAM shall deem that you have obtained the required and/or necessary authorization from the said other party to do so by you accessing your Account using the MySuccess Portal and in this respect, RHBAM shall not be held liable for executing the said instruction/s received.


• You agree that it shall be your obligation to secure any approvals, consents and licences if any if the same is required to successfully enable RHBAM to carry out your instructions. RHBAM shall not be responsible for any delay or loss arising from your failure to secure the requisite approvals, consents and licenses or to comply with any applicable law, regulation, government, court or regulatory body's order, rule or direction or policy.

• You agree to inform RHBAM if there is any discrepancy. Any discrepancy must be reported immediately to RHBAM, failing which no liability shall be held against RHBAM.

• You also agree that RHBAM shall not be responsible for any settlement or payment arrangements you may have made or will make with any bank/financial institution/payee with regard to any activity in relation to your Account via the MySuccess Portal.


 4. MySuccess Portal Availability and Information

• You acknowledge and accept that at certain times some or all of the MySuccess Portal may not be accessible due to system maintenance daily between 03:00 - 06:00 hours, if you logged in during the system maintenance period, the system would log you out automatically, electronic/mechanical failure/malfunction or computer virus attacks or for whatever reason beyond RHBAM's control. In such event/s, you agree to use alternative means to issue instructions including issuance of written instructions to RHBAM shall not be liable to any claims nor be responsible for any costs, damages (including any claim for loss of profits), or expenses arising from or attributed to such interruption or delay in services.

• You acknowledge and accept that you shall not be entitled to use the MySuccess Portal if there exists any restriction whatsoever imposed on your Account either by RHBAM or by any other regulatory authority or law and you shall agree not to hold RHBAM liable for any failure to provide the MySuccess Portal including the execution of any order arising out of the said restriction imposed on your Account.

• You agree that you will not use the MySuccess Portal system (or any facility or services or part thereof) for any illegal or unlawful purpose or for any purpose prohibited by law or regulation or policy. You also agree not to use the MySuccess Portal in any manner which could damage, disable, corrupt or damage in any way the MySuccess Portal system or any part thereof or the hardware/software system or information/service provider or its operations.

• You acknowledge and accept that RHBAM makes no representations or warranties of any kind with respect to MySuccess Portal including but not limited to warranties of fitness for a particular purpose nor of merchantability and gives no guarantee of any kind, express or implied, regarding the accuracy of any information or advice furnished under the MySuccess Portal or any other aspect of the MySuccess Portal including but not limited to information, access or the execution of any buy or sell orders and/or the cancellation or amendment of any such orders and you agree that RHBAM shall not be liable for any direct, consequential, incidental, special or indirect losses or damages whatsoever which may arise or be caused by the failure of RHBAM to execute or cancel or amend such orders.

• You agree that RHBAM shall not be liable for any special, incidental, indirect, punitive, or consequential damages or for the loss of profit, revenue, or data arising out of the subject matter of this agreement. Furthermore, you agree to indemnify and hold RHBAM harmless from any actions, claims, damages, liabilities or losses arising from your usage of the MySuccess Portal that is not in compliance with this agreement.

Disclaimer

You understand and agree that all data, information and contents available through the MySuccess Portal are provided on an "as is" basis only and is strictly for information purposes only without any warranty or representation of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or warranties as to the accuracy, completeness, timeliness or otherwise and without any liability on the part of OSKRHBIB, or any of its affiliates or its third party vendors, licensors, advertisers or its information suppliers whatsoever.

You further agree and acknowledge that all data, information and contents provided herein shall in no circumstances be considered by you as representing advice from RHBAM nor shall it be considered a recommendation, an inducement or be relied upon to undertake any transaction.

You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information or contents on the MySuccess Portal before making any decisions based on the same. In exchange for using such data, information or content, you agree not to hold RHBAM or its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the Website.

Neither RHBAM, or any of its affiliates or its third party vendors, licensors, advertisers or its information suppliers shall have any responsibility or liability whatsoever for any inaccuracy, errors, omissions, or unavailability in the date, information and contents and/ or for any loss or damage arising out of or in connection with your reliance on the same.

Governing Law

This terms of use and any disputes arising out of or in relation to the access to the MySuccess Portal shall be governed by and construed in accordance with the laws of Malaysia. You hereby submit to be bound by the exclusive jurisdiction and venue of the courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to your use of MySuccess Portal, and the access to the sites (if applicable).

If any part of these terms of use is determined to be invalid or unenforceable pursuant to existing legislation, applicable law and regulations including, but not limited to, the warranty disclaimers and limitation of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms of use shall continue in effect.


RHB Asset Management Sdn Bhd (RHBAM)

You agree and understand that the materials used and displayed when you access the MySuccess Portal and the information in, or derived from MySuccess Portal message boards, bulletin boards, including text, script, software, photographs, video, audio, music, sound, names, user interface design or logos, trademarks, service marks, image, art, graphics, software code and other materials or any combination thereof (hereinafter referred to as the "Content") are at all times the sole and exclusive property of RHBAM, or any of its affiliates or its third party vendors, licensors, advertisers or its information suppliers and are protected by copyrights, trademarks, patents and other intellectual property or proprietary rights.

The use of such Content may be displayed solely for your personal and non-commercial use only. You acknowledge that unless prior consent is obtained, the Content may not otherwise be copied, distributed, adapted, modified, posted, published, edited, linked framed or used in whole or in part in whatsoever manner.


Severability

If a provision of this terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Termination

RHBAM or its third party vendors, licensors, advertisers or its information suppliers may suspend and/or terminate your access to the MySuccess Portal immediately for any reason without notice and without any liability whatsoever should you be in breach of these terms and conditions or for any other cause.

Limitation of Liability

You agree that neither RHBAM , or any of its affiliates or its third party vendors, licensors, advertisers or its information suppliers shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special or similar damages arising out of your access or use of, or your inability to access or use, the MySuccess Portal or the information provided therein or arising out of any action taken in response to or as a result of any information, data or contents provided on the MySuccess Portal. You also agree that neither RHBAM , or any of its affiliates or its third party vendors, licensors, advertisers or its information suppliers shall be liable to you or anyone else for any delay or interruption arising from or in relation to any system migration and/or introduction of new trading platform(s), including without limitation, any delays or interruptions arising from the migration, in respect of the MySuccess Portal and/or for any communication and/or system failure, delay, breakdown or other malfunctions in relation to the MySuccess Portal, the access thereof and/or any transaction made there under.