Terms And Conditions
THE FOLLOWING TERMS AND CONDITIONS APPLY TO AND YOU HEREBY AGREE AND ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF HONG LEONG ASSET MANAGEMENT BHD's HLAM WEB PORTAL, THE SERVICES, MATERIALS AND SOFTWARE PROVIDED THEREIN IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.
The references ：HLAM；, "we", "us" and "our" in these Terms and Conditions, shall be construed as a reference to HONG LEONG ASSET MANAGEMENT BHD. The term 'you' and 'your' used herein refers to the Investor/Agent accessing the HLAM WEB PORTAL.
All references to "HLAM WEB PORTAL" in these Terms and Conditions shall be construed as a reference to the Services, Software and Materials provided by HONG LEONG ASSET MANAGEMENT BHD or made available via or through the HLAM WEB PORTAL as the same may be or have been from time to time amended, varied or supplemented unless the context otherwise requires.
The term "Materials" shall refer to all information, data or content provided or made available by HONG LEONG ASSET MANAGEMENT BHD via or through the HLAM WEB PORTAL.
Your access to and the use of the HLAM WEB PORTAL shall at all times be governed by the Terms and Conditions stipulated herein and any operating rules and guidelines in relation to the HLAM WEB PORTAL as may be provided by us from time to time.
In the event of any conflict or discrepancy between these Terms and Conditions and any other documents or agreement between you and HLAM, the provisions contained in these Terms and Conditions shall prevail over the provisions contained in any other documents or agreements between you and HLAM, in so far as they relate to the HLAM WEB PORTAL.
3. AUTHORISATION AND RESPONSIBILITY FOR AND SECURITY OF USER NAME AND PASSWORD
You are authorised to access and use the HLAM WEB PORTAL through the entry of your User Identification ("User Name") and the password ("Password") which have been issued and assigned to you and your authorised person(s), as the case may be, by us.
You agree that you will be solely responsible and liable to us for all access to, use of and activity within the HLAM WEB PORTAL where it is effected through the use of your User Name and Password, including but not limited to any information submitted, messages posted, statements made and communications transmitted. You hereby acknowledge your intention to be bound by all communications transmitted within or via the HLAM WEB PORTAL where it is initiated through the use of your User Name and your Password.
You agree and understand that you are responsible for the secrecy, confidentiality and security of your User Name and Password which includes your obligation to keep confidential and not reveal your User Name, Password or any other information relevant thereto to any other party and you shall ensure that you do not enable or facilitate any unauthorized third party access to or use of the HLAM WEB PORTAL.
If you become aware of any authorised use of your User Name and Password, you are required to notify HLAM immediately by contacting us at firstname.lastname@example.org.
4. AMENDMENTS TO TERMS AND CONDITIONS
HLAM reserves the right to amend, vary or modify these Terms and Conditions at any time and from time to time. The amendments, variations or modifications will be posted at the HLAM WEB PORTAL, whereafter such amendments, variations or modifications shall have effect upon the expiry of such notice period as posted therein unless specifically expressed as having immediate effect.. You shall read and understand the Terms and Conditions every time you login and access the HLAM WEB PORTAL. Your login and access to the HLAM WEB PORTAL following such amendment, variation or modification will be deemed to constitute your acceptance to be bound by these Terms and Conditions as amended, varied or modified.
The services available on the HLAM WEB PORTAL consist of a variety of Investor/Agent specific tools, facilities and services ("Services") encompass communication, collaboration, scheduling, administration, investor/agent information, content provision and training.
Your ability to gain access to and use the Services will be based on your entitlement level as determined by HLAM at its sole discretion from time to time.
The Services made available and/or your entitlement level may be varied from time to time at HLAM's sole discretion.
While your access and use of the HLAM WEB PORTAL is presently provided free of charge, we reserve the right to levy a charge in relation to any of the Services or Materials provided or made available therein by giving you prior notice thereof.
6. ACCEPTABLE USE
Your use of the HLAM WEB PORTAL shall at all times be in compliance with the Terms and Conditions herein and with such other guidelines or directions as may be issued by HLAM from time to time.
In the course of your access to and use of the HLAM WEB PORTAL, you are hereby prohibited from : -
(a) posting, disseminating, uploading or otherwise transmitting any messages, data or communications:
? that are offensive, defamatory, vulgar, abusive, threatening, harassing, libelous;
? which contains blatant bigotry, racism, hatred, pornography or other objectionable content;
? which will infringe the intellectual property rights of a third party;
? which contain viruses, Trojan horses, worms or any other harmful or destructive or disruptive materials, files or programs;
? which otherwise may give rise to criminal or civil liability or violate any applicable laws or regulations;
(b) transmitting spam messages, chain or any type of unsolicited messages or communications to anyone who has not given their prior consent to receive such messages or communications;
(c) posting on the HLAM WEB PORTAL any links to other internet sites;
(d) disrupting the use of or interfering with the ability of others to effectively use the HLAM WEB PORTAL; and
(e) engaging in any activities, which at our absolute discretion may determine it as harmful to the users of the HLAM WEB PORTAL, and which may be damaging to HLAM's reputation and goodwill.
HLAM reserves the right to determine the limit as to the frequency, volume and size of the messages, data and/or communications that you may transmit, receive, store, or post via or on the HLAM WEB PORTAL at any time and from time to time.
HLAM is not obligated to monitor your use of the HLAM WEB PORTAL. However, we reserve the right to conduct random checks at any time and from time to time to ensure your compliance with our policies and with such other guidelines or directions as may be issued by HLAM or the relevant regulatory authorities from time to time.
Without prejudice to our right to limit, suspend or terminate your access and use of the HLAM WEB PORTAL herein, we also reserve the right to block, filter, edit, delete or remove any messages, data or communications posted, disseminated, uploaded or otherwise transmitted by you which appears to violate our terms, policies or guidelines without accruing any liability in relation thereto.
7. ACCESS REQUIREMENT
You shall utilise the HLAM WEB PORTAL through any medium of communication, hardware/software which may be specified, adopted or introduced by at our absolute discretion at any time and from time to time, the acquisition and use of which shall be at your own risk and expense.
Notwithstanding the above, HLAM reserves the right, from time to time to change or update the minimum hardware/software requirement, in such instances as we deem fit, including but not limited to where we make any modification and/or improvement to the HLAM WEB PORTAL or where newer models of hardware or different versions of the software become available.
Your failure to change or upgrade the medium of communication, hardware and software in accordance with the requirement of HLAM, may result in your inability to access to or to obtain all features and/or Services of the HLAM WEB PORTAL available to an Investor/Agent with your entitlement level, for which we shall not be responsible for any disruption of the Services.
Further to the requirements as may be stipulated by HLAM to you for access to and use of the HLAM WEB PORTAL, you may also be required to install certain software which is developed, owned by us and a proprietary to HLAM ("Software") on your computer by using the mode of installation as may be provided or made available to you by us.
In the event that such Software is required, we will grant you, a personalnon-exclusive, non-transferable, revocable licence to the Software in order to enable you to access and use the HLAM WEB PORTAL for the purposes contemplated and authorised herein.
The Software is restricted to your own use and solely for use in connection with the HLAM WEB PORTAL and in accordance with these Terms and Conditions.
You are not permitted and shall not permit any other person to:
(a) copy, alter, modify, reverse engineer, decompile, reverse input or disassemble or reproduce the Software ;
(b) publish or disclose the Software or any information or data in relation thereto; or
(c) assign, transfer, sub-license or otherwise make any profit, monetary or otherwise out of the Software.
You shall notify us immediately if you become aware of any unauthorised use of the Software.
We reserve the right at any time without prior notice to you to terminate the said licence or take any action it reasonably believes as necessary to comply with any applicable law.
9. LAWFUL DIRECTIONS
You shall comply with all directions, instructions given and/or regulations issued by us to you in relation to the HLAM WEB PORTAL.
Notwithstanding the above, nothing shall affect your right to exercise your own judgement and to utilise your skills as you consider most appropriate in order to achieve compliance with the said directions, instructions and regulations or otherwise to comply with the obligations under these Terms and Conditions.
The HLAM WEB PORTAL and the information contained thereof are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties, conditions, guarantees or representation of any kind whether expressed or implied as to the information on the website or associated websites or as to the accuracy, timeliness, non-infringement, correctness, completeness or reliability. We have not independently verified the information and date obtained from other sources and as such, no representation expressed or implied, is made as to the accuracy, timeliness, non-infringement, correctness, completeness or reliability of the information contained therein. To the fullest extent permissible pursuant to applicable laws, HLAM disclaims all warranties, expressed or implied, in relation to the HLAM WEB PORTAL, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, of title or non-infringement of third party rights or any other warranties or conditions arising by statute or otherwise in law or from course of dealing or usage of trade.
Without prejudice to the generality of the above and further thereto, we make no warranties nor representations:
(a) that the HLAM WEB PORTAL will meet any of your requirements or will be uninterrupted, timely, error-free, free from viruses, Trojan horses, worms or any other harmful, destructive or disruptive components or that defects will be corrected;
(b) that there will be no delays, failures, errors or loss of Materials or of your messages, data or communications that are transmitted or posted via or on the HLAM WEB PORTAL;
(c) as to the accuracy, reliability, adequacy, quality and completeness of the HLAM WEB PORTAL;
(d) as to the Materials, postings, posting responses or other communications found on the HLAM WEB PORTAL or any links to other sites made available on the HLAM WEB PORTAL;
(e) that any advice or Materials, obtained by you from us or through the HLAM WEB PORTAL is true, accurate or complete and you agree that you shall be responsible for making your own assessment of the contents prior to acting and/or relying on any such Materials; and
(f) that the HLAM WEB PORTAL is appropriate or available for use in any location other than Malaysia. Those who choose to access and use the HLAM WEB PORTAL are responsible for compliance with all applicable local laws in their jurisdiction.
11. SPECIFIC WARNINGS
You are responsible for ensuring that your access to and use of the HLAM WEB PORTAL is not illegal or prohibited by any applicable laws.
You must take your own precautions to ensure that the process which you employ for accessing the HLAM WEB PORTAL does not expose you to the risk of viruses, malicious computer code or other forms of interference which may cause damage to you and/or the computer equipment used by you to access and use the HLAM WEB PORTAL.
You agree and acknowledge that such Materials as you may download or obtain through the use of the HLAM WEB PORTAL is downloaded or obtained at your own discretion and risk and that we shall not be responsible for any damage to your computer system or loss of data which may result from the downloading or use of such Materials.
For the avoidance of doubt, HLAM shall not be responsible for any interference or damage to any computer equipment used by you which arises in connection with your use of the HLAM WEB PORTAL or any linked websites.
12. EXCLUSION OF LIABILITY
In addition to but not in derogation of any other provision contained herein, under no circumstances, including, but not limited to negligence, HLAM, its employees, servants, or any party involved in creating, producing, or making available the HLAM WEB PORTAL shall not in any event be liable to you for any direct, incidental, indirect, consequential, special or punitive damages and losses (including but not limited to loss of profits, investment losses and damages) resulting from:
(a) your access to and use of (whether authorised or otherwise), or the inability to access and use, the HLAM WEB PORTAL;
(b) your reliance on the Materials provided by HLAM or on or accessed through the HLAM WEB PORTAL;
(c) your failure to comply with the Terms and Conditions herein;
(d) unauthorised access to, destruction or alteration of your communications, data, information or transmissions via or on the HLAM WEB PORTAL or on your computer;
(e) any damage to or viruses that may infect your computer equipment or other property as a result of your access to, use of, or browsing of the HLAM WEB PORTAL or your downloading of and/or use of any Materials, including but not limited to information, data, text, images, video, or audio from the HLAM WEB PORTAL;
(f) the acts and omission of an agent/consultant or any other third party;
(g) any delay or disruption in the use of the Services, or by failure or alleged failure of HLAM to carry or perform its obligations or responsibilities in connection with HLAM WEB PORTAL;
(h) the exercise by HLAM of its rights and discretion pursuant herein; or
(i) delay or failure of the HLAM WEB PORTAL or breach or omission on the part of HLAM which is due to circumstances or cause beyond the reasonable control of HLAM, any action or omission by the relevant authorities in exercise of their regulatory or supervisory function, or for failure by the electronic/telecommunication service provider or any third party to meet its obligations to you for any reasons whatsoever and howsoever arising including but not limited to failure of electronic or mechanical equipment or communication/telephone lines or other interconnected problems, unauthorized access, theft, unauthorized use of Password, operator error, weather, earthquakes, strikes or labour disputes or problems.
The liability to you arising out of any claim whatsoever in relation to the HLAM WEB PORTAL and the use of the information contained therein, will not exceed the aggregate total management fees and/or charges received by HLAM from you for a period of twelve months prior to the liability accrued. This exclusion shall take effect to the fullest extent permitted by law.
13. COPYRIGHT AND USE OF MATERIALS
All Materials provided or made available through the HLAM WEB PORTAL (including but not limited to text, graphics, logos, icons, sound recordings and videos) whether by HLAM, our licensor or any other third party are protected by copyright, trademarks, patents and any other applicable intellectual property and proprietary laws and are owned and/or controlled by us, our licensor and/or our third party content providers.
Unless otherwise permitted by HLAM in writing, no Materials comprising the HLAM WEB PORTAL and/or made available via the HLAM WEB PORTAL may be modified, copied, adapted, stored, displayed, reproduced, republished, posted, transmitted, distributed and/or used in the creation of derivative works.
Where required, you may download one (1) copy of the Materials from the HLAM WEB PORTAL for your personal and non-commercial use only, subject to your leaving all copyright and other proprietary notices intact, unless you have been given express authorisation by us or the relevant third party content provider.
You agree that you do not acquire any ownership rights in any downloaded Materials and that all rights in the HLAM WEB PORTAL and in any Materials provided or made available therein that are not granted to you under these Terms and Conditions are expressly reserved by us and/or our licensors.
You warrant that you have all the necessary rights and licenses to make available on the HLAM WEB PORTAL, any information, data or content that you transmit to and/or communicate through the HLAM WEB PORTAL. You further agree that HLAM shall not be responsible for any loss or damages arising from your transmitting, communicating and/or making available the said information, data or content.
By transmitting, communicating and/or making available the said information, data or content on or through the HLAM WEB PORTAL, you grant HLAM and the other users of the HLAM WEB PORTAL the right or license to access, view and download such information, data or content for their use. Further, you agree that HLAM shall not be responsible for the use of the information, data or content you have so transmitted, communicated and/or made available on or through the HLAM WEB PORTAL by any other users of the HLAM WEB PORTAL.
14. LINKED WEBSITES
The HLAM WEB PORTAL may contain links to other websites ("linked websites"). These links are provided for convenience only and may not remain current or be maintained. HLAM is not responsible for the content or privacy practices associated with linked websites. You acknowledge that any links on the HLAM WEB PORTAL with linked websites shall not be construed by you as an endorsement, approval or recommendation by HLAM of the owners or operators of the linked websites, or of any information, graphics, materials, products or services referred to, contained on or received from the linked websites, unless and to the extent stipulated to the contrary.
15. GOVERNING LAW
These Terms and Conditions are governed by the laws in force in Malaysia. You agree to submit to the exclusive jurisdiction of the courts of Malaysia in relation to any dispute arising from this agreement.
16. CONFIDENTIALITY & PRIVACY
Further to your confidentiality obligations under any other documents and agreements between you and HLAM, you hereby undertake that you shall not, without HLAM's prior written consent, disclose any data, information or material pertaining to or in connection with HLAM or obtained from HLAM IVESTOR PORTAL pursuant to these Terms and Conditions, to any third party other than the relevant authorised persons who have a right to such disclosure.
You agree that HLAM has the right to make use of or otherwise make available such information pertaining to you and your use of the HLAM WEB PORTAL for the purpose of enforcing or defending any of our rights, to comply with all applicable legislation, laws and regulations as well as the requirements of any legal or regulatory bodies, to enhance the quality of the Services and to prevent fraud or illegal activities.
HLAM will endeavour to protect the information or data transmitted through or via the HLAM WEB PORTAL and to preserve the integrity of such data or transmission. However, HLAM does not warrant and cannot ensure the security of any such data or information transmitted to and received by us.
For the purposes of the security of the HLAM WEB PORTAL, you acknowledge that we reserve the right to monitor all your activities conducted via or through the HLAM WEB PORTAL, to the fullest extent permissible under applicable laws.
18. TERMINATION OF ACCESS
Notwithstanding any provision contained herein, your access to and use of the HLAM WEB PORTAL may be terminated at any time by HLAM without notice and/or liability to you. Notwithstanding termination for any reason whatsoever, HLAM's disclaimers and exclusion of liabilities and all other terms and conditions herein which (whether express or implied) are meant to survive the termination of your access and use of the HLAM WEB PORTAL herein, shall continue to be in full force and effect following such termination.
You acknowledge that we have the right to suspend and/or terminate your User Name and Password without having to obtain your approval or justify such suspension and/or termination or give you prior notice of the same.
You shall not hold HLAM liable or responsible for any loss or damage which you may suffer due to the suspension and/or termination of the same.
You shall, upon termination of your access to the HLAM WEB PORTAL, return all copies of the Materials and Software in your possession or delete, destroy or make them permanently unusable as may be instructed by HONG LEONG ASSET MANAGEMENT BHD.
You agree that if any provision of these Terms and Conditions is held to be invalid or unenforceable pursuant to any applicable law, the said provision shall be fully severed from these Terms and Conditions and these Terms and Conditions shall be construed as if the said invalid or unenforceable provision had not formed part of this Agreement. Further, any such invalidity or unenforceability shall not affect or impair the remaining Terms and Conditions herein which shall continue to remain in full force and effect.
You agree that any failure on the part of HLAM, whether continuous or otherwise, in exercising its rights, power, privileges, remedies or provisions under these Terms and Conditions or any failure or delay in insisting on compliance with any of the provisions in these Terms and Conditions shall not constitute a waiver by HLAM of any such rights, power, privileges, remedies or provisions in relation to these Terms and Conditions.
You hereby unconditionally and irrevocably undertake to fully indemnify HLAM, its servants, employees and/or its contractors from all liabilities, claims, losses, expenses or damages including any legal fees which may be incurred by HLAM, arising directly or indirectly or in association with and as a result of (i) your use or misuse of the HLAM WEB PORTAL, (ii) your breach of these Terms and Conditions howsoever occasioned, (iii) claims made by a third party against HLAM in relation to your access to and use of the HLAM WEB PORTAL and/or the Services provided therein, (iv) third part accessing any part of the Services or HLAM WEB PORTAL through or by means of you, (v) modification of all or part of the Services or HLAM WEB PORTAL by you or (vi) use of or part of the Services or HLAM WEB PORTAL after we have notified that it should not be used.
This provision shall continue in effect and survive the termination of any other agreements between the parties for any reason whatsoever.
Where any of the Services allow you to issue instructions to HLAM, HLAM shall execute any instructions received from you or any other person or from any third party that uses your User Name and Password in order to gain access to the HLAM WEB PORTAL. Such instructions shall be deemed as being issued directly by you regardless of whether it was issued by an authorised third party or otherwise. Such instructions shall be binding upon you following transmission of the same and any breach of the Terms and Conditions thereby shall be deemed a breach by you.
If you suspect or have reason to suspect that your instruction was not transmitted accurately or in its entirety, you shall inform us by telephone forthwith. You further agree that we shall not be responsible or liable for any corruption, interruptions, omission, errors, delays, non-receipt or misrepresentation of your instructions howsoever caused.
We reserve the right, at our sole discretion, to decline any instructions given by you, where such instructions are in contradiction with our policy or any rules or regulations currently in force or for any other reasons.
The HLAM WEB PORTAL and the Services provided herein are intended to be made available seven (7) days a week, twenty four (24) hours a day. Nevertheless, you acknowledge that there may be times when some or all of the HLAM WEB PORTAL may not be accessible owing to system maintenance or due to reasons beyond our control. You accept and acknowledge that we cannot guarantee that the HLAM WEB PORTAL will be available at all times.
If for any reason, the HLAM WEB PORTAL or parts thereof are not available, you hereby agree that you will use alternative means to communicate with HLAM and such unavailability shall not constitute any excuse for your inability to meet any of your obligations to HLAM or other relevant parties.
You agree and acknowledge that in the absence of a manifest error, all evidence of information submitted, messages posted, statements made and/or communications transmitted, including any evidence in the form of, amongst others, computer printouts, transaction logs, and any other form of information and data storage, shall be binding upon you and treated as conclusive evidence of your communication for all purposes.
If you have any inquiries or require any assistance, please contact us at:
You consent to all notices and other forms of communications which concern the HLAM WEB PORTAL or as required by these Terms and Conditions, as may be given by HONG LEONG ASSET MANAGEMENT BHD to you, to being issued in the following manner : -
(a) by ordinary post to your last known address found in HLAM's records, and such notification shall be deemed as received two (2) days after posting;
(b) by electronic mail to your last known e-mail address found in HLAM's records, and such notification shall be deemed as received twenty four (24) hours after transmission of the same;
(c) by way of advertisement made in any national newspaper and such notification shall be deemed effective on the date of publication of the advertisement in any such newspaper;
(d) by broadcasting a message on the HLAM WEB PORTAL; or
(e) if notified to you in any other manner deemed fit by HLAM.
Any notice pertaining to the HLAM WEB PORTAL and these Terms and Conditions issued by you shall be in writing, signed by you and sent to us by hand, A.R. Registered Post or by such other mode as we may notify you of from time to time, at the address as stipulated above or in the HLAM WEB PORTAL from time to time.