TERMS AND CONDITIONS OF USE OF THE CIMB BIZCONVERTER (“Terms”)
By downloading and/or installing the CIMB BizConverter of CIMB Bank Berhad and/or CIMB Islamic Bank Berhad (“the Bank”), the customer hereby agrees to be bound by the following terms and conditions:
1. The utilization of the CIMB BizConverter is subject to the user guide.
2. No warranty, whether express, implied or statutory, including but not limited to warranties of fitness for a particular purpose, non-infringement or freedom from viruses is given for the use of the CIMB BizConverter.
3. The Bank shall not be liable for any loss whatsoever incurred or suffered by the customer or any person by reason or arising from:-
(a) (i) any intrusion or attack by any person or party on any hardware, software, drivers or system of the Bank and
(ii) any corruption or defect on any data or file submitted to the Bank whether or not resulting or attack by any person or party on any hardware, software, drivers or system of the Bank;
(b) any breakdown or malfunction of any equipment, system or software, whether belonging to the Bank or otherwise;
(c) the corruption or loss of any data or instruction or in the course of file conversion thereof; or
(d) any fraud, criminal act, offence or violation of any law or regulation has been or will be committed.
4. The customer shall ensure that its operating systems shall be compatible with the CIMB BizConverter from time to time.
5. All and any conversion of files into the text file format or such other format as may be prescribed by the Bank pursuant to the CIMB BizConverter shall be based on the data as provided by the customer. The Bank shall be under no obligation or duty to verify the correctness, accuracy and/or completeness of the data provided by the customer.
6. The customer undertakes to indemnify and hold the Bank harmless from and against any and all loss (including all or any direct or indirect loss or damage (financial or otherwise) of whatever nature, type and extent (including without limitation, any special, incidental or consequential damages, loss of profits or loss opportunity) suffered or incurred by the Bank, as a result of any failure by the customer to comply with these Terms, user guide and/or the Bank acting in accordance with any instructions given to it by the customer.
7. If any provision contained in the Terms is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and the Terms shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof and the remaining provision shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance.
8. The Terms shall be governed by the laws and Courts of Malaysia.