Terms & Conditions and Disclaimer
Terms & Conditions and Disclaimer
Conduct of User
User shall use MIFC Portal and Mobile App for lawful purposes only. User shall not post or transmit through Portal and Mobile App any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, an invasion of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without BNM's express prior approval, contains advertising or any solicitation with respect to products or services.
Any conduct by a User that in BNM's view restricts or inhibits any other User from using or enjoying MIFC Portal and Mobile App will not be permitted. User shall not use MIFC Portal and Mobile App to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with MIFC Portal and Mobile App.
Intellectual Property and Proprietary Rights
The MIFC Portal and Mobile App contains material subject to the protection of copyright, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of MIFC Portal and Mobile App are subject to copyright as a collective work under the Malaysian copyright and trade marks laws.
BNM owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download material for personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of BNM and the relevant copyright owner. User acknowledges that it does not acquire any ownership rights by downloading such material.
User shall not upload, post or otherwise make available on MIFC Portal and Mobile App any material protected by copyright, trademark or other proprietary right without the express permission of BNM and the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of MIFC Portal and Mobile App, User automatically grants, or warrants that the owner of such material has expressly granted BNM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User hereby grants BNM the right to edit, copy, publish and distribute any material made available on MIFC Portal and Mobile App by the User.
Disclaimer and Limitation of Liability
Users expressly agrees that the use of MIFC PORTAL and MOBILE APP is at User's sole risk. Neither BNM, its affiliates nor any of their respective employees, agents, third party content provider or licensors warrant that MIFC PORTAL and MOBILE APP will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of MIFC PORTAL and MOBILE APP, or as to the accuracy, reliability or content of any information, service, or merchandise provided through MIFC PORTAL and MOBILE APP.
MIFC PORTAL and MOBILE APP is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability fitness for a particular purpose, accuracy, timeliness or completeness, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the applicable laws.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence or other tortious behaviour, or under any other cause of action. User specifically acknowledges that BNM is not liable for the defamatory, offensive or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with the Users.
In no event will BNM, or any person or entity involved in creating, producing or distributing MIFC Portal or the MIFC Portal Software or MOBILE APP, be liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages arising out of the use of or inability to use MIFC Portal and MOBILE APP. Users hereby acknowledge that the provisions of this section shall apply to all content of MIFC Portal and MOBILE APP.
In addition to the terms set forth above, neither BNM nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within MIFC Portal and MOBILE APP, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither BNM, not its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy of completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
Reference to any specific commercial product, process or service by trade name, trade mark, manufacture or other wise by BNM or its affiliates does not constitute an endorsement, a recommendation or a favouring by BNM.
Users are advised to note that all links from MIFC Portal and MOBILE APP are provided for User's convenience only.
Through the MIFC Portal and MOBILE APP, User are able to link to other websites which are not under the control of BNM. Please be advised that BNM has no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement on the views expressed within them.
BNM reserves the right at all times and at its discretion to disable any unauthorized links or frames from the MIFC Portal and MOBILE APP.
BNM shall have the right to monitor the content of MIFC Portal and Mobile App in order to ensure compliance with any operating rules established by BNM and to satisfy any law, regulation or authorized government request.
BNM shall have the right in its sole discretion to edit, refuse to post or to remove any material submitted to or posted on MIFC Portal and Mobile App. Without limiting the foregoing, BNM shall have the right to remove any material that BNM, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Name and Emblem of BNM
The emblem of Bank Negara Malaysia, or the name of Bank Negara Malaysia, including any abbreviation of its name, is protected by the Emblems and Names (Prevention of Improper Use) Act, 1963. Therefore, BNM and the BNM emblem, cannot be used by User or any person without the written permission of the Minister. All other trademarks appearing on MIFC Portal and Mobile App are the property of their respective owners.
Third Party Content
BNM is a distributor (and not a publisher) of content supplied by third parties and User. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and User of MIFC Portal and Mobile App, are those of the respective author(s) or distributor(s) and not of BNM. Neither BNM nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 4 above for the complete provisions governing disclaimer and limitation of liability)
The content available through MIFC Portal and Mobile App represents the opinions and judgments of the respective information provider, User or other person not under contract with BNM. BNM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on MIFC Portal and Mobile App by anyone other than authorized BNM employee or spokespersons while acting in their official capacities.
Under no circumstances will BNM be liable for any loss or damage caused by a User's reliance on information obtained through MIFC Portal and Mobile App. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through MIFC Portal and Mobile App. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
These terms and conditions shall be governed by, construed and enforced in accordance with the laws of Malaysia.