Islamic Deposit and Debit Card-i T&C
Terms and Conditions Governing The Islamic Deposit Account
“BEFORE YOU CLICK ON THE “I AGREE” BUTTON, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY CLICKING ON THE “I AGREE” BUTTON, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND YOU SHALL BE BOUND BY THE SAME.”
1. Overview
1.1 These are the Terms and Conditions governing the Customer’s Islamic Deposit Account, as amended from time to time. The use of the Islamic Deposit Account by the Customer shall be governed by this Terms and Conditions, including all requirements, directives, regulations, and guidelines in relation thereto issued by the Bank and any authority having jurisdiction over the Bank, at any time and from time to time. Customer is advised to read and understand this Terms and Conditions carefully before agreeing to accept these Terms and Conditions digitally.
2. Definition & Interpretations
2.1 The following terms and expressions shall apply to this Terms and Conditions, unless the context requires otherwise: “ABM” refers to the Association of Banks in Malaysia.
“AIBIM” refers to the Association of Islamic Banking and Financial Institutions Malaysia.
“ATM PIN” refers to the six-digit numeric personal identification number (ATM PIN) for a Debit Card-i issued to the Customer under the Customer’s Islamic Deposit Account.
“Bank” refers to KAF Digital Bank Berhad (Company No. 202301012417 (1506339-M))
“Bank’s Contact Centre” means the details of the Bank as follows:
Telephone number : 03-8744 3331
Email : hello@kaf.com.my
“Banking Services” means the facilities, products, and services of the Bank that are made available to the Customer on the Bank’s Mobile Application.
“BNM” means Bank Negara Malaysia, the Central Bank of Malaysia.
“CCRIS” refers to the Central Credit Reference Information System that is owned and operated by BNM to facilitate credit risk management among banks.
“CGC” refers to the Credit Guarantee Corporation (Malaysia) Berhad. “Customer” means the Islamic Deposit Account holder.
“Debit Card-i” means any Debit Card-i issued by the Bank to the Customer providing electronic access to the Customer’s Islamic Deposit Account, and to allow the Customer to effect any transactions subject to the Bank's Debit Card-i Terms and Conditions.
“Entity/Entities” here includes companies, corporations, sole proprietorships, small-medium enterprises, partnerships, limited liability partnership associations, societies, co-operative societies, management committees, trusts, trade unions and clubs duly established or recognized by the laws of Malaysia.
“DuitNow National QR Code Standard” refers to the specification developed and managed by PayNet for domestic interoperable QR use cases.
DuitNow QR refers to the service owned by PayNet which facilitates industry wide ubiquitous payments or transfers by scanning the QR (Quick Response) code which complies with DuitNow National QR Code Standard.
“FEN” refers to the Foreign Exchange Notices Policy issued by BNM. “IFSA 2013” refers to the Islamic Financial Services Act 2013.
“Instructions” refers to any request, application, authorisation or instructions in any form given or transmitted through the Mobile Application to the Bank by the Customer.
“Islamic Deposit Account” means the Shariah-compliant Savings Account-i (SA-i) offering both Malaysian Ringgit to the Customer subject to the Bank’s Islamic Deposit Account Terms and Conditions.
“Dormant Account” Means banking acccount will be considered as dormant if there is no transaction for a period of twelve (12) continuous months or such other period determined by the Bank at its discretion.
“Mobile Application” or “Mobile App” or “App” refers to the definition of Mobile Application subject to the Bank’s Mobile Application Terms and Conditions.
“KAF Group of Companies” refers to the Bank’s parent company, all its related subsidiaries including the Bank.
“Mobile Device” means any mobile electronic or telecommunication device, including without limitation, mobile phones, smartphones or tablets, that may be used to access the Mobile Application.
“Official Assignee” means the Registrar at the Malaysian Department of Insolvency.
"OFS” refers to Ombudsman Financial Services, which is a financial consumer dispute resolution body.
"Password" means a unique string of characters (includes alphanumeric and selected symbols) chosen by the Customer and known only to the Customer and the Bank's computer system, constitutes the other part of the Customer’s electronic signature, which must be keyed in by the Customer to allow the Mobile Application system to authenticate the Customer’s User Name and grant the Customer access to the Mobile Application.
“Ringgit Malaysia” refers to the lawful currency of Malaysia.
“Security Codes” means the security credentials used to identify the Customer when the Customer access and utilise the Mobile Application comprising of the password, username, ATM PIN, secure code, registration code, reset code and includes any other security codes that the Bank may issue/implement from time to time with prior notice to the Customer.
“Shariah” refers to Shariah principles as determined from time to time by the rulings of the Shariah Advisory Council of BNM and the Shariah Committee. The Customer and the Bank agree that their respective rights and obligations herein are intended to be and in conformity with the Shariah as determined from time to time by the rulings of Shariah Advisory Council of BNM and the Shariah Committee.
“Shariah Advisory Council” refers to the Shariah Advisory Council of BNM.
“Shariah Committee” refers to the Shariah committee of the Bank
“PayNet” refers to Payment Network Malaysia Sdn. Bhd.
“PDF” means Portable Document Format.
“Privacy Notice” means the Bank’s policies and principles pertaining to the collection, use and storage or personal information of existing and prospective Customers.
"Qard” means a contract of lending money by a lender to a borrower where the borrower is required to repay the equivalent replacement amount to the lender.
“Ujrah” refers to fees and charges charged pursuant to services performed by the Bank for the Customer pursuant to the Islamic Deposit Account.
“Username” refers to the unique name made up of a string of characters chosen by the Customer, constitutes one part of the Customer’s electronic signature hereunder and is the only means by which to allow the Bank to identify the Customer, which must be keyed in by the Customer in order for the Mobile Application system to associate the Customer’s User Name with the Customer’s user profile and the Customer’s Islamic Deposit Account.
2.2 Words importing the singular shall include the plural and vice versa.
2.3 Words importing the masculine gender shall include the feminine and neuter genders and vice versa.
2.4 All references to provisions of statutes include subsidiary legislation and all modifications, re-certification and re-enactment of or to such statutes and subsidiary legislations from time to time and for the time being in force.
2.5 Any banking term not specifically defined or described shall be construed in accordance with the general practice of banks and finance companies in Malaysia.
2.6 In the event of any conflict in the interpretation and translation of this Terms and Conditions in any language, the English version of this Terms and Conditions shall prevail.
3. Shariah Applicable to the Islamic Deposit Account
3.1 The Islamic Deposit Account will be based on the Shariah contract of Qard.
3.2 In the Islamic Deposit Account, the Customer will be the lender and the Bank will be the borrower. Pursuant to this Terms and Conditions, when the Customer deposits money into the Customer’s Islamic Deposit Account, the Bank will utilize the money, which is represented by the sum standing to the credit of the Customer’s Islamic Deposit Account, for any Shariah compliant activities that the Bank deems fit. Subject to this Terms and Conditions, the Bank is bound to repay the whole sum standing to the credit of the Customer’s account upon demand by the Customer.
3.3 Any profit generated by the Bank from the use of such balance shall belong to the Bank. The Bank may give a gift (Hibah) to the Customer as a token of appreciation for using the Islamic Deposit Account. The Customer may or may not receive the Hibah as the giving of the Hibah is at the Bank’s discretion to be given to the Customer. The Bank is not legally bound to grant Hibah to the Customer.
3.4 Additionally, the Islamic Deposit Account will also apply other Shariah and/or contracts that are approved by BNM such as Ujrah
(a)
The Bank will determine the type of Ujrah services and charges, and these will be published on the Mobile Application.
4. Opening the Islamic Deposit Account
4.1 The opening, maintenance and use of the Islamic Deposit Account is subject to the Bank’s prescribed form requirements including on the age, type of Entity, and identification of documents. Any application to enrol for the Islamic Deposit Account and access through the Mobile Application, will be subject to the Bank's approval. The Bank reserves the right to accept or reject any application, deny access to the Customer’s Islamic Deposit Account, limit the Customer’s access or transactions or to revoke the Customer’s access to the Islamic Deposit Account.
4.2 Applicant is an individual:
(a) the applicant must be a natural person, resident, and has authority to be the Islamic Deposit Account holder. The applicant will be regarded as the Islamic Deposit Account holder. Once the application is approved, only the Customer has the right to the credit balance in the Islamic Deposit Account;
(b) An external account may be opened by a non-resident (i.e. a person, firm, institution or company which is not a resident in Malaysia);
(b) A non-resident is not permitted to have a resident account; and/or
(c) The sources and uses of funds in an account are subject to the rules imposed under the IFSA 2013 and the FEN.
4.3 The Customer would furnish all the personal data required by the Bank through the means determined by the Bank. The Customer also declares that all the information provided is correct at all times.
4.4 It is important for the Customer to ensure that the Customer’s personal data such as address, contact numbers, authorized signatory(ies) given to the Bank are accurate and kept updated at all times. This is to enable the Bank to deliver communications regarding the operation of the account and any marketing related activities. The Bank shall be entitled to assume that there have been no changes until the Bank has received notice given by the Customer.
4.5 The Customer acknowledges that the Islamic Deposit Account is without a passbook and an E-Statement will be made available via the Mobile Application pursuant to Clause 8 below.
4.6 The Customer is required to perform a minimum credit transfer of RM10 for the purpose of verifying account owner details from a recognised financial institution.
5. Deposit and Withdrawal
5.1 The Bank reserves the right to prescribe and vary from time to time the minimum amount to be deposited or minimum amount that can be withdrawn at any one time in the Islamic Deposit Account. Such variation shall be communicated to the Customer within twenty-one (21) days from the date of variation via the notification on the Mobile Application.
5.2 Any cash deposit and/or withdrawals can be made by using any of the Bank’s authorized service provider and/or terminal and subjected to this Terms and Conditions .
5.3 The Customer may withdraw from the account up to the limit as the Bank may announce via the Mobile Application or revise from time to time and subject to the available balance in the account. The Customer’s Islamic Deposit Account shall be deemed to be closed upon the withdrawal of the entire balance available in the account or by operation of law or pursuant to Clause 10.
6. Bank’s Right to Debit Account
6.1 The Customer, hereby agrees to pay and authorise the Bank to debit the Customer’s Islamic Deposit Account for any drafts, postal and money orders or other instruments or for any charges/expenses including Ujrah charges incurred as a result thereof and any other fees or commissions, or for any applicable service charges, early closure of the Islamic Deposit Account fee, maintenance fee or any other reasonable fees and charges imposed by the Bank from time to time or such applicable taxes whether currently in force or to be implemented and chargeable by law, for the services and facilities provided to the Customer, notwithstanding that such debiting may cause the Islamic Deposit Account to be overdrawn. The Customer shall pay the overdrawn amount immediately to the Bank. The Customer shall be liable to pay ta’widh (compensation) on the overdrawn amount based on the Islamic Interbank Money Market rate if the Customer fails to settle the overdrawn amount after three (3) days the Islamic Deposit Account is overdrawn.
6.2 The Bank shall, at any point of time to debit the applicable amount from the Customer’s Islamic Deposit Account without the Customer’s prior consent if the Customer is not the intended beneficiary of the Islamic Deposit Account in the following events:
(a) there is mistaken payment instruction caused by third party who initiates the transaction that is directed to the wrong recipient, carry wrong amount, or are duplicated;
(b) there is/are erroneous payment instruction(s) that were incorrectly transferred by other financial institution or by the Bank to other parties which include but not limited to generating invalid, incorrect, misdirected or duplicated transaction due to technical errors or operational errors that are of no fault of the third party;
(c) erroneous payments caused by payment system due to technical or operational errors that result in incorrect or duplicated transaction; or
(d) unauthorised or fraudulent payment instructions that were not initiated by the third party or transaction which have been induced by any dishonest or fraudulent means.
6.3 The Customer further undertakes to refund all erroneous credit entries into the Customer’s Islamic Deposit Account and indemnify the Bank against any loss which the Bank may incur by reason of the erroneous credit entries.
7. Bank’s Right of Set Off
7.1 The Customer agrees that in addition to any general lien or other similar right to which the Bank as bankers may be entitled at law, the Bank may at any time, with twenty-one (21) days prior notice, combine or consolidate all or any of the Customer’s Islamic Deposit Accounts and any other accounts that the Customer has with the Bank with and the liabilities to the Bank wheresoever situate and set off or transfer any sum or sums standing in the credit of this Islamic Deposit Account in or towards satisfaction of any of our liabilities to the Bank whether such liabilities to the Bank be present, future, actual, contingent, primary or collateral or joint or several.
7.2 Where such combination, set-off or transfer requires the conversion of one currency into another, such conversion shall be calculated at the prevailing spot rate of exchange of the Bank (as conclusively determined by the Bank) for purchasing the currency for which the Customer is liable with the existing currency so converted. The Bank shall not be held liable or responsible for any loss arising as a consequence of exercising its rights hereof.
7.3 If the liability that the Customer owes to the Bank is contingent or in the future, the Bank shall have the necessary discretion to suspend the Bank’s obligation to make payment of any sum standing to the credit of any of the Islamic Deposit Account until the event of contingency or future occur.
7.4 The Bank shall earmark, withhold or set-off the Islamic Deposit Account in such manner that the Bank deems fit.
8. E-Statement
8.1 E-Statement is an electronic statement provided to the Customer by the Bank that is made available through the Mobile Application.
8.2 An E-Statement through the Mobile Application is available on a monthly basis or at such frequency as determined by the Bank. The Customer must be a registered Mobile Application user and has registered for the E-Statement service where the Customer may view the E-Statement.
8.3 The Customer agrees and undertakes to examine with due care that all the entries in the E-Statement promptly and to report immediately to the Bank of any error or discrepancies found in the E-Statement. If the Bank does not receive any notification in writing within twenty-one (21) days from the E-Statement date of any errors or discrepancies as regards to the Debit Card-i entries in the E-Statement, then the Customer shall have accepted such entries made up to the date of the last entry in the E-Statement as correct, binding, final and conclusive and adopt all withdrawals or other debits to the Islamic Deposit Account.
8.4 In the absence of notification from the Customer in the manner set out in the clauses above, the E-Statement shall be conclusive evidence of the Customer’s confirmation and acceptance of the accuracy of the E-Statement.
8.5 The E-Statement service allows the Customer to view, save and print the E-Statement in PDF format or such other format as may be made available by the Bank from time to time, subject to this Terms and Conditions.
9. Exclusion of Liabilities
9.1 When the Bank accepts or incurs liability on the Customer’s behalf or at the Customer’s request, any funds or securities and other valuables deposited with the Bank belonging to the Customer and in the hands of the Bank, it shall automatically become security to the Bank. The Bank shall have the right to retain such funds or securities or valuables in the hands of the Bank or any part thereof and be entitled at its absolute discretion, even to dishonour the Customer’s cheques until the liability is settled.
9.2 The Customer hereby gives consent to the Bank to disclose information such as may be required by BNM in compliance with the Customer’s directives and/or to companies in the KAF Group of Companies and other financial institutions for the purpose of a bona fide credit evaluation. In so doing, the Bank shall be absolved from any responsibilities or liabilities whatsoever.
9.3 Should the Bank retain or is obliged to retain solicitors to enforce any of its rights hereunder or otherwise whether by judicial proceedings or any other manner in relation to the Customer’s Islamic Deposit Account, the Customer shall be liable to pay to the Bank all costs, fees, and charges in relation to this Terms and Conditions and the Bank shall have the right to debit the account with all the related costs, fees and charges.
9.4 The Customer agrees that the Bank shall not be responsible for, and the Customer shall fully indemnify the Bank and hold the Bank harmless against all losses, costs and expenses which may be incurred by the Customer or by the Bank with any or all the banking accounts whatsoever, or the execution by the Bank of any Instructions or if any of the Customer’s Islamic Deposit Account or any part thereof is reduced or frozen by any government or official authority unless it is caused by error, omission, mistake, misrepresentation, fraudulent or gross negligent conduct of the Bank.
9.5 The Bank shall not be responsible for any losses or damages to the Customer by reason of any compliance or non-compliance by the Bank where payment Instructions issued by the Customer is incomplete or ambiguous or where the amount of the deposit(s) is insufficient to cover the bank charges and the amount specified in such Instructions or by reason of or arising from the business or operations, impeded, or interfered by delays, forgery of signatory’s signature, alteration and/or forgery due to the Customer’s negligence, hostilities, breakdown of electricity or power supply or telecommunications or other communications network systems, riots, blockades, strike, embargoes, or machine or equipment failure.
9.6 Any payments made by the Bank pursuant to any Instructions purporting to be signed by the Customer or the Customer’s duly authorized signatory(ies) shall be a complete discharge and the Bank shall be absolved from any liability to the Customer and any other parties thereon.
10. Closing of the Islamic Deposit Account
10.1 The Bank reserves the right at its sole discretion at any time to close the Islamic Deposit Account for the following reason:
(a) if the Customer’s name appears in any alerts or warnings issued by BNM, the police or any other local or international regulatory authorities;
(b) if the Customer breaches this Terms and Conditions ;
(c) if the Bank is instructed by the Official Assignee, a liquidator, or receiver and manager to do so; or
(d) if the Bank is of a reasonable opinion that maintaining the Customer’s Islamic Deposit Account is against KAF Group of Companies’ policy, policies, guidelines or rules of BNM or any Shariah laws and any laws of Malaysia, without any obligation to assign any reason, by giving twenty-one (21) days prior written notice to the Customer. The Bank may issue a banker’s cheque for the entire available balance in this account, less such administrative cost or other costs incurred by the Bank, and may post the said banker’s cheque to the Customer’s last known address registered with the Bank.
10.2 In closing the account pursuant to Clause 10.1 above, the Bank may, but is not obliged to disclose the reason for the closure, unless such disclosure is required by law.
10.3 The Customer may close this account at any time by giving the Bank written notice within twenty-one (21) days and paying Bank all sums due and outstanding under the Islamic Deposit Account.
11. Freezing, Holding, and/or Suspending of the Islamic Deposit Account
11.1 The Bank may, at the Bank’s reasonable discretion, freeze, hold, suspend, and/or place any other appropriate tagging on the Islamic Deposit Account and dealings with the balances in the Islamic Deposit Account for any reasons, unless it is prohibited by law to do so. Such reasons may include:
(a) the Customer is a bankrupt;
(b) the Customer is deemed unable to pay the Customer’s debts under section 466 of the Companies Act 2016 as a company;
(c) the occurrence or existence of any matters which include any opposing, adverse or conflicting claims by (i) any directors, office-bearers, shareholders, members, trustees, beneficiaries or (ii) any persons alleging to be directors, partners, office-bearers, shareholders, members, trustees or beneficiaries;
(d) the existence of any directive or instruction given by BNM, police or any other local or international regulatory authorities that restrict or prohibit the Bank from performing any transaction or allowing the Islamic Deposit Account to operate;
(e) the Customer’s conduct or the Bank suspects the Customer or a third party is misusing, conducting illegal or fraudulent activities through the Islamic Deposit Account (this includes illegal deposit taking and scams);
(f) the Customer misrepresented the Customer’s identity or provided false, incorrect or misleading information or documents relating to the Islamic Deposit Account;
(g) a police report is lodged against the Customer or on the Islamic Deposit Account by any person including the Bank;
(h) an investigation is being conducted by BNM, police or any other local or international regulatory authorities or by the Bank against the Customer or the Islamic Deposit Account;
(i) any facility granted to the Customer through the Islamic Deposit Account is suspended, recalled or terminated for any reason;
(j) the Customer’s failure to inform the Bank of any change in the Customer’s personal data such as the Customer’s residential address, mailing address and contact numbers;
(k) the death of the Customer;
(l) any debt is owed by the Customer to the Bank whether as a borrower, security party or guarantor; (m) the Customer is mentally incapacitated;
(n) the Bank receives a court order or other legal documents prohibiting the Islamic Deposit Account from being operated;
(o) the Customer’s abuse of the Mobile Application; or
(p) the Customer’s breach of any of this Terms and Conditions.
The Bank will also reasonably exercise its discretion whether or not to provide the Customer with the notice of the above. There may be instances where the Bank will not be at liberty to disclose the reason and shall have no obligation to do so.
12. Perbadanan Insurans Deposit Malaysia (PIDM)
12.1 The deposits maintained by the Customer in the Islamic Deposit Account are eligible for protection by Perbadanan Insurans Deposit Malaysia (PIDM) or Malaysia Deposit Insurance Corporation. Coverage of the eligible Islamic Deposit Account balance is subject to this Terms and Conditions as set by PIDM. A copy of the PIDM brochure has been provided to the Customer.
12.2 Subject to the latest version of guidelines issued by PIDM and any amendment(s) thereof, any deposit will be protected by PIDM up to RM250,000 for each depositor.
13. IFSA 2013 and BNM Guidelines
13.1 This terms and conditions shall be subject to the provisions of the IFSA 2013 and any other modifications or any directive from BNM or as may be directed or required by a regulatory body from time to time.
13.2 The Customer understands and acknowledges that pursuant to Section 146 of the IFSA 2013 (Permitted Disclosure), the Bank is legally permitted to disclose the Customer’s personal information relating to the Customer’s affairs, Islamic Deposit Accounts or conduct thereof (including the Customer’s credit standing) to third parties as approved by BNM to facilitate and/or enable the Bank and/or the related and associate companies within the KAF Group of Companies to perform its and/or their functions and the Customer hereby consents to and authorise the Bank to disclose the said information to any guarantor(s)/security parties, the Bank’s lawyers, debt collection agents, third parties and/or related and associate companies within the KAF Group of Companies to enable the Bank and/or the related and associate companies within the KAF Group of Companies to perform its and/or their functions. In doing so, the Customer agrees that the Bank shall be absolved from any responsibilities or liabilities whatsoever.
14. Unclaimed Moneys Act 1965
14.1 The Customer shall transact at least once a year as the Customer is aware of the provisions of the Unclaimed Moneys Act 1965, whereby the Customer’s Islamic Deposit Account will be classified as unclaimed money seven (7) years from the date of the last transaction initiated by the Customer. As such, the funds in the Islamic Deposit Account are required to be transferred to the Registrar of Unclaimed Moneys (RUM).
14.2 The Customer agrees to communicate to the Bank prior to the expiry of the seven (7) years to perform a withdrawal or deposit transaction in order to re-activate the Islamic Deposit Account. In consideration of the Bank agreeing to the Customer’s above request, the Customer agrees and undertakes to hold the Bank harmless and indemnified against all liabilities whatsoever for any delay/omission/error in carrying out the Instructions. The Customer is aware that the Bank’s Privacy Notice on the collection, use, storage and sharing of the Customer’s personal information and matters related are available at the Mobile Application.
14.3 If the Customer fails to re-activate the Islamic Deposit Account, the Bank shall give the Customer twenty-one (21) days of notice before arranging the transfer of funds in the Islamic Deposit Account to the RUM.
14.4 The Bank shall provide two (2) reminders before the closure of the dormant Islamic Deposit Account. After the expiry of the twenty-one (21) days of the second reminder, the Bank may close the Islamic Deposit Account subject to other applicable financing of the Customer with the Bank. Such reminder(s) shall be given to the Customer via a notification on the Mobile Application.
14.5 Subject to Clause 14.1 above, an annual service charge shall continuously be imposed and deducted from the Islamic Deposit Account until any credit balance standing are sent to the RUM.
14.6 For any Islamic Deposit Account with the Bank with balance of less than RM10.00 the credit balance in the Islamic Deposit Account shall be deducted as service charge and the Islamic Deposit Account shall be closed automatically.
15. General
15.1 The Customer hereby agrees that the Bank’s record and any records of the Instructions, communications, operations, or transactions made or performed, processed or effected through the Islamic Deposit Account or any record of transaction relating to the Customer’s the Islamic Deposit Account shall be binding and conclusive evidence of the transaction and the Customer’s liability to the Bank.
15.2 The Customer will not be given access to the Islamic Deposit Account if there is restriction(s) on the Islamic Deposit Account either imposed by the Bank or other relevant authorities. The Customer declares that prior to or at the time of the opening of the Islamic Deposit Account, the Customer has not:
(a) committed any act of bankruptcy; and/or
(b) been subject to any resolution or petition for winding up or insolvency being made or presented against the Customer.
The Customer further agrees that should any of the above be contravened by the Customer, the Bank shall have the absolute right at any time to close the Islamic Deposit Account without prior notice.
15.3 By clicking the tick box provided on the Mobile Application, the Customer confirms that the Customer has received, read and fully understood this Terms and Conditions and agrees to comply with and be bound by and any amendment(s) or variation(s) to the same which the Bank may subsequently introduce, review, revise or replace which are made available on the Mobile Application and/or which may be communicated by any other means as approved by BNM.
15.4 The Customer will not be given access to the Islamic Deposit Account if there is restriction(s) on the Islamic Deposit Account either Imposed by the Bank or other relevant authorities.
15.5 The Customer, hereby irrevocably authorises the Bank to treat the Bank’s records of any transactions effected through the said Islamic Deposit Account including but not limited to transactions effected by mail order, telephone order, the Mobile Application and self-service terminals from any source purportedly by the Customer as evidence of transaction(s) properly incurred by the Customer and to debit the Islamic Deposit Account for payment of such transaction(s) notwithstanding that the transaction(s) may not be authorised by the Customer and further notwithstanding that such authorisation or record to debit the Islamic Deposit Account as aforesaid may not contain the Customer’s signature.
15.6 This Terms and Conditions governs the general rules on the opening and operations of Islamic Deposit Account and might vary depending on the Islamic Deposit Account product type.
16. Indemnity
16.1 In addition and without prejudice to any other right or remedy of the Bank, whether under this Terms and Conditions or otherwise, the Customer agrees to indemnify and hold the Bank, its successors, assigns, and third parties, and each of the Bank’s directors, officers, employees and agents harmless from and against all loss, damages, claims, fines, penalties or expenses, including legal fees, arising howsoever from or in connection with any breach, default, omission, misrepresentation, negligence, misconduct, non-observance and/or non-performance of this Terms and Conditions by the Customer or on the part of any other person for whose acts or omissions the Customer is vicariously liable, whether in tort, contract or otherwise.
17. Waiver
17.1 The Customer hereby agrees that no failure or delay on the part of the Bank in exercising any rights or remedies under this Terms and Conditions at any time or for any period of time nor any knowledge or acquiescence by the Customer, or in, any breach of any provision of this Terms and Conditions shall operate as or be deemed to be a waiver thereof nor shall a waiver by that party of any breach constitute a continuing waiver in respect of any subsequent or continuing breach. A provision of right or remedy under this Terms and Conditions may not be waived except in writing signed by the Bank so waiving.
18. Severability
18.1 Any term, condition, stipulation, provision, covenant or undertaking (“Provision”, and any reference to Provision shall include any part thereof) contained in this Terms and Conditions which is illegal, invalid, or unenforceable shall, to the maximum extent possible, continue to apply with the necessary modification in order that the Provision is legal, valid and enforceable provision which most closely reflects the original Provision. Subject to the foregoing, any Provision which is illegal, invalid, or unenforceable shall be fully severable and ineffective to the extent of such illegality, invalidity or unenforceability without invalidating the remaining Provisions contained in this Terms and Conditions (which shall not be affected by the illegal, invalid or unenforceable Provision or by its severance).
19. Variations of Terms and Conditions
19.1 Subject to Shariah, the Bank shall have the right at any time to add, delete, amend or modify this Terms and Conditions, or any part thereof, from time to time. Such addition, deletion, amendment, or modification shall be effective immediately upon notice to the Customer of twenty-one (21) days thereof, which may be given by means of, including, but not limited to, notification on the Mobile Application, or by electronic or conventional mail, or by any other means by which the Customer obtain notice thereof.
19.2 The Customer shall immediately notify the Bank in the event that the Customer is not agreeable to any such addition, deletion, amendment or modification, in which case the Islamic Deposit Account shall be closed automatically. Any use of the Islamic Deposit Account by the Customer after the issuance of such notice shall be deemed to constitute acceptance of this Terms and Conditions with such addition, deletion, amendment, or modification.
19.3 The Customer further agrees by continuing to maintain and operate the Customer’s Islamic Deposit Account after the effective date of the amendment(s) or variation(s), the Customer has accepted the amended Terms and Conditions and the same shall be binding and conclusive against the Customer.
19.4 The Bank shall have the right at any time to change or discontinue any aspect or feature of the Islamic Deposit Account.
19.5 The Customer agrees and acknowledges that if and where the changes or amendments made are necessitated by an immediate need to restore or maintain the security of a transaction of the Islamic Deposit Account the Bank may proceed with making such changes and amendments without giving any notice to the Customer.
20. Successors Bound
20.1 This Terms and Conditions shall be binding upon the parties and their permitted legal assigns and successors in title and the Customer shall not be entitled to assign any of the Customer’s rights or obligations under this Terms and Conditions unless with the express prior written consent of the Bank.
21. Compliance with Other Laws
21.1 The use of the Islamic Deposit Account outside Malaysia are subject to the following:
(a) the prevailing requirements on international and domestic transactions prescribed by the FSA 2013 and ISFA 2013, which is currently the FEN. The FEN is available at Bank Negara Malaysia’s website at https://www.bnm.gov.my;
(b) any fiscal or exchange control requirements in force for the time being in the country where the transaction is effected or requested; and
(c) the laws and regulations of Malaysia as well as the country where the transaction is effected or requested.
22. Disputes and Enquiries
22.1 Should there be any enquiries or require any assistance, please refer to the Bank’s Contact Centre. For the avoidance of doubt, all telephone calls made to the Bank’s Contact Centre shall be logged by the Bank.
22.2 In the event that the Customer has any complaints and/or disputes arising from any unauthorised transaction, please refer the matter to the Bank and specifying the nature of the Customer’s complaint and/or dispute. The parties hereby agree to try to settle the matter amicably.
22.3 Subject to Clause 22.4, the Customer may be required to disclose to the Bank all relevant information relating to any report, query or complaint including but not limited to the Customer’s name, the relevant Islamic Deposit Account number(s), a description of any such error, query or complaint, date of the disputed transaction or error, an explanation on why the Customer believes it to be an error or why the Customer requires more information and the amount(s) involved in the suspected error, disputed transaction, query or complaint, as maybe relevant. Notwithstanding this, the Customer shall not, at any time and under any circumstances whatsoever, disclose the Customer’s sensitive or confidential information to any of the Bank staff or representative.
22.4 Where any communication involves the Customer’s sensitive or confidential information whether in relation to the Islamic Deposit Account or any transactions made in relation to the Islamic Deposit Account or otherwise, the Bank does not encourage the communication of any such information via the Mobile Application and the Customer agrees and acknowledges that should the Customer proceed with such mode of communication in relation to such information, the Customer shall undertake all inherent risks associated with such mode of communication and shall not, at any time whatsoever, hold the Bank responsible or liable for the security of such information or any loss suffered in relation thereto, with the exception of losses which is caused by error, omission, mistake, misrepresentation, fraudulent or gross negligent conduct of the Bank’s.
22.5 In the event that the Bank requests the Customer to make such report, complaint, or query in writing to the Bank, the Customer shall do so within twenty-one (21) days. If no such written report, complaint or query is received by the Bank within the said period, the Bank will not be under any obligation to conduct any investigation and answer any such query or complaint.
22.6 Subject to Clause 22.7 below, the Bank shall endeavour to investigate the complaint, answer the query or inform the Customer the results of its investigation as soon as practicable or in any case within twenty-one (21) days of receipt of such report, query or complaint or where a subsequent written report, query or complaint is requested by the Bank pursuant to Clause 22.5, within twenty one (21) days of receipt of such subsequent written report, query or complaint.
22.7 If the Bank requires more time to conduct its investigation, the Bank shall extend the period stated in Clause 22.6 above to such reasonable period which shall as far as reasonably possible not exceeding twenty-one (21) from the date of receipt of such report, query or complaint or where a subsequent written report, query or complaint is requested by the Bank pursuant to Clause 22.5, within twenty one (21) of receipt of such subsequent written report, query or complaint. If the Customer delays, obstructs and/or withholds vital information from the Bank, making or attempting to make false claims in respect of any transaction, publish false claims on traditional or social media, and/or lodge false police reports with respect to any transaction, the Bank reserves the right to commence legal proceedings against the Customer whenever the Bank deems necessary.
22.8 The Customer shall as far as possible to co-operate and assist the Bank in the conduct of its investigations, including allowing the Bank and its investigation team to access the device(s) used for the disputed transaction such as the personal computers, laptops, and/or Mobile Devices within twenty-one (21) days from the date the Customer reported the Customer query or complaint to the Bank’s Contact Centre.
22.9 Subject to the provisions of this Terms and Conditions, upon the completion of an investigation, the Bank shall make reasonable endeavours to correct any error promptly and to make the necessary adjustments to the Customer’s Islamic Deposit Account and notify the Customer of such adjustments.
22.10 In any case, the Bank shall inform the Customer of the results of the investigation within twenty-one (21) days of the completion of the Bank's investigations in Clause 22.6 or 22.7, as the case may be.
22.11 Where the Customer is not satisfied with the outcome of the investigation or of the Customer complaint, the Customer may appeal against such outcome by referring such complaint to the OFS.
23. Disclosure
23.1 The Customer irrevocably consents to and authorises the Bank and its officers and employees to disclose and furnish all information concerning the Customer’s particulars and affairs (financial or otherwise), account details, relationship with the Bank, this Terms and Conditions and any other matters relating to the Customer or its business and operations to the following classes of persons in such manner and to such extent as the Bank according to its policies may consider necessary:
(a) any officer, employee, agent or director of KAF Group of Companies which includes the holding company(s) of the Bank, its subsidiaries, associated companies, representatives and branch offices. For the avoidance of doubt, disclosure to the KAF Group of Companies shall be for the facilitating of operations, businesses, cross-selling and other purposes of the Bank and/or KAF Group of Companies provided always that disclosure is for cross-selling purposes shall not be effected if such disclosure is objected by the Customer upon written notification to the Bank;
(b) any person for or in connection with any legal action or proceeding taken to recover monies due and payable by the Customer to the Bank;
(c) any actual or potential participants as assignee, novatee, or transferee of the Bank’s rights and/or obligations under any transactions between the Bank and the Customer;
(d) relevant third parties such as professional advisers, strategic business partners and alliances, Takaful operators, vendors, business partners and business agents who support the operational activities of the Bank;
(e) regulatory bodies, government agencies, tax authorities, the police, law enforcement bodies and courts, both within and outside Malaysia;
(f) CGC (if applicable) and any other relevant authority as may be authorised by law to obtain such information, or such authorities/agencies established by BNM, or any agency established by ABM/AIBIM;
(g) CCRIS, credit bureaus, credit reporting agencies and corporations set up to collect and provide credit information unauthorised or licensed under the Credit Reporting Agency Act 2010;
(h) the Bank’s accountants, auditors, solicitors, advisors, consultants and/or other agents as may be required for the proper performance of their functions, duties and obligations to the Bank and the KAF Group of Companies;
(i) the Bank’s service providers, nominees, agents, contractors or third-party service providers engaged by the Bank and its related or associated companies to carry out the Bank’s functions and activities;
(j) the Bank’s rights to the Customer’s personal data and disclosure will be in accordance with the Bank’s Privacy Notice;
(k) an external party as may be required for any corporate exercises/due diligence activities undertaken by the Bank and/or the KAF Group of Companies;
(l) any party which in the future may express intention to acquire an interest/shareholding in the Bank pursuant to any proposed arrangement, composition, merger, acquisition/restructuring between the Bank and such parties; and
(m) any other persons or entities with the Customer’s prior consent.
24. The Customer's Responsibility and Undertakings
24.1 The Customer agrees and undertakes:
(a) not to disclose the access identity and passcode/password to any other person, via unsolicited e-mails, telephone calls or on the Mobile Application other than the Bank’s official Mobile Application and shall take all reasonable steps to secure the passcode/password and ensure the security device is secured at all times; and
(b) to check all transaction alerts in a timely manner and to check Islamic Deposit Account balances, statements of any Islamic Deposit Account or designated payment instrument on a regular basis, to detect any unauthorised transaction, error or discrepancy, and to report to the Bank and the issuer of the payment instrument as soon as reasonably practicable in the event any unauthorised transaction, error or discrepancy is detected;
(c) to check the available balance in the Islamic Deposit Account on a periodic basis.
24.2 The Customer further undertakes to report a breach of the security of a passcode/password or the loss of a security device to the Bank as soon as reasonably practicable, upon becoming aware of the breach or loss respectively and undertake to report immediately to the Bank of any error or discrepancies found in any statement or entry. If the Bank does not receive any notification in writing within twenty-one (21) days from the statement date of any errors or discrepancies as regards to the debit or credit entries in the statement, then the Customer shall have accepted such entries made up to the date of the last entry in the statement as correct, final, and conclusive and thereby adopt all withdrawals or other debits to the Islamic Deposit Account.
25. Privacy and Personal Data Protection
25.1 The Customer hereby agrees and consents to the holding, collection and use of all personal data provided to the Bank by the Customer or acquired by the Bank including but not limited to the personal data provided on the Bank’s Mobile Application, as well as personal data that arises as a result of the provision of the service to the Customer in connection with the Islamic Deposit Account in accordance with the Privacy Notice of the Bank as may be amended from time to time.
26. Anti-Money Laundering, Counter Financing of Terrorism and Anti-Corruption
26.1 In order to comply with local or foreign law, regulations, voluntary codes, directives, judgments or court orders, and any authorities, regulators or enforcement agencies, policies, good practice, government sanctions or embargoes, reporting requirements under financial transactions legislation and demands or requests of any authority, regulator, tribunal, enforcement agencies, exchange bodies, the Bank may:
(a) be prohibited from entering or concluding transactions involving certain persons or Entities (e.g. person or Entity that is itself sanctioned or is connected to or dealing with (directly or indirectly) any person or Entity that is sanctioned under economic and trade sanctions imposed by any regulator in any jurisdiction;
(b) report suspicious transactions or potential breaches of sanctions to an authority in any jurisdiction to which the Bank may need or decide to disclose. Transactions impacted include those that may:
(i) involve the provision of finance to any person involved or suspected of involvement in terrorism or any terrorist act;
(ii) be relevant to investigation of an actual or attempted evasion of tax law, investigation of or prosecution of a person for an offence against any applicable law; or
(iii) involve persons or entities which may be the subject of sanctions;
(c) intercept and investigate any payment messages and other information or communications sent to or by the Customer or on behalf of the Customer and may delay, block or refuse to make any payment and payment screening may cause a delay in processing certain information.
(d) take any action it believes to be necessary, which includes freezing of funds, preventing operation of the Islamic Deposit Account, refusing a request for funds from the Customer, not allowing the Customer to use a product, or delaying or cancelling a transaction. The Bank does not require to notify the Customer until a reasonable time after it is permitted to do so under those law or policies. The Bank will not be liable for any loss arising out of any action taken or any delay or failure by the Bank, in performing any of its duties or other obligations;
(e) not to accept any deposit of any money or cheques and/or allow or carry out any other transaction including withdrawals of money in respect of Customer’s Islamic Deposit Account including but not limited to any transfers and telegraphic transfer of moneys from or to Customer’s Islamic Deposit Account if the Bank has a reason to believe or is made aware of by third parties or relevant authorities that the Customer’s Islamic Deposit Account is being used for or implicated in fraud, potential fraud, financial crimes, illegal activities, soliciting illegal financial investment schemes, money laundering or terrorism financing activities. The Bank too shall (subject to the extent permitted by law), reserves the right to close, freeze or otherwise deal with the Customer’s Islamic Deposit Account as necessary.
26.2 The Customer hereby undertakes that:
(a) the Customer shall ensure that no funds moving to and from the Islamic Deposit Account are proceeds of, or will be used for any unlawful activity in contravention of any anti-money laundering laws; and
(b) the Customer shall not:
(i) use the Islamic Deposit Account, directly or indirectly, for transactions involving any unlawful activity;
(ii) conceal or disguise the true nature of any unlawful activity; or
(iii) utilize any monies from the Islamic Deposit Account for any money laundering or other unlawful purpose.
27. Notices and Communication
27.1 Any change of information which include the Customer’s personal details, maximum daily cumulative limit on DuitNow QR, exposure or suspected exposure of the Security Codes, or any other changes that are not specified herein, the Customer shall notify the Bank by posting, publishing or sending a notification on or through the Mobile Application. All communications sent by the Bank shall be accepted as duly delivered to the Customer if sent by addressed to or delivered to the Customer’s last known address registered with the Bank or through the Mobile Application. Any failure on the part of the Customer to notify the Bank of any change of address resulting in delay or the return of any E-Statement, correspondence, and/or notice shall not prejudice the Bank’s right or entitlement under this Terms and Conditions.
27.2 All legal processes shall be accepted as duly delivered to the Customer if sent to the Customer by post to or left at the Customer’s address last registered with the Bank. If the Customer has more than one (1) Islamic Deposit Account with the Bank and the details are not the same, the Bank is entitled to use the latest and most recent details.
27.3 Subject to Shariah, the Bank reserves the right from time to time to levy or vary any fees and charges by giving twenty-one (21) days of notice via displaying the new fees and charges at the Mobile Application.
28. Declaration
28.1 The Customer shall be required to complete the Bank’s prescribed Mobile Application form which shall then form part of this Terms and Conditions.
29. Survival
29.1 Any rights and obligations under this Terms and Conditions which are capable of having effect and which shall by their nature survive after the expiration or termination of this Terms and Conditions and shall remain in full force and effect following the expiration or termination of this Terms and Conditions.
30. Law and Jurisdiction
30.1 This Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and the courts of Malaysia shall have non-exclusive jurisdiction. Any dispute arising in respect of the Islamic Deposit Account and this Terms and Conditions, which cannot be resolved in the manner specified in Clause 22 above, shall be referred to the courts of Malaysia.
CUSTOMER’S ACCEPTANCE
I agree with the Terms & Conditions of the Islamic Deposit Account.
I hereby declare that I will not utilize the monies in the Islamic Deposit Account for Shariah non-compliant purposes as listed in Appendix 1 of the Islamic Deposit Account Terms and Conditions.
The list below sets out non-Shariah-compliant activities:
Appendix 1
Description |
Package Stores, Beer, Wine, Liquor |
Cigar Stores and Stands |
Dating, Escort Services |
Massage Parlours |
Government Owned Lotteries (United States Region only) |
Government Licensed Online Casinos (Online Gambling) (United States Region only) |
Government Licensed Horse/Dog Racing (United States Region only) |
Betting (including lottery tickets, chips and gaming casinos, off-trackbetting and wages and online gambling) |
Government Owned Lotteries (Non - United States region) |
Gambling - Horse Racing, Dog Racing, State Lotteries |
Appendix 2 - Fees & Charges
Type of fees & charges |
Fees and Charges |
Early Closure Fees (within 3 months) |
RM20 |
Dormant Account Fee |
For balances of RM10 or more, annual service fee of RM10 p.a. until the balances are exhausted or up to seven (7) years. For balances lower than RM10, the credit balance shall be deducted as annual service fee and the Islamic deposit account shall be closed automatically thereafter. |
Terms and Conditions Governing Debit Card-i
“BEFORE YOU CLICK ON THE “I AGREE” BUTTON, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY CLICKING ON THE “I AGREE” BUTTON, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND YOU SHALL BE BOUND BY THE SAME.”
1. Overview
1.1 These are the Terms and Conditions governing the Debit Card-i, as amended from time to time, which is binding on the Customer. The use of the Debit Card-i by the Customer shall be governed by this Terms and Conditions, including all requirements, directives, regulations, and guidelines in relation thereto issued by the Bank and any authority having jurisdiction over the Bank, at any time and from time to time. The Customer is advised to read and understand this Terms and Conditions before agreeing to accept this Terms and Conditions. By clicking on “I Agree”, the Customer is deemed to have accepted this Terms and Conditions digitally.
1.2 The Bank’s Debit Card-i is one of the methods of payment which allows the Customer to use the Bank’s Banking Services and perform payment transaction directly from the Customer’s bank account to any Participating Retail and service outlets.
1.3 The Customer is required to maintain an account with the Bank which is linked to the Bank’s Debit Card-i. If the account with the Bank is closed, the Debit Card-i will be automatically cancelled.
1.4 The Bank’s Debit Card-i is based on the concept of Ujrah, where a payment is made by the Customer for the utilisation of services provided by the other party through the usage of the Card.
2. Definition & Interpretations
2.1 The following terms and expressions shall apply to this Terms and Conditions, unless the context requires otherwise: “ABM” means the Association of Banks in Malaysia.
“AIBIM” means the Association of Islamic Banking and Financial Institutions Malaysia.
“Act of God” means any event(s) resulting from the occurrence of natural causes that could not have been foreseen or prevented by the exercise of caution and foresight.
“ATM” means the Automated Teller Machines installed by the banks and financial institutions participating in the shared ATM network managed by PayNet.
“ATM PIN” means the six-digit numeric personal identification number (ATM PIN) for a Debit Card-i issued to the Customer under the Customer’s Islamic Deposit Account.
“ATM Limit” means the maximum combined limit that is set by the Customer through the Mobile Application for daily cash withdrawal and/or any Retail Purchase made via Participating Retail.
“Authorised Cash Outlets” means any branch, office and/or location designated by the Bank or any recurring member institution of which are authorised to accept or PayNet or any other brand owners of which the Bank is a member to effect cash withdrawal.
“Auto Debit” means the recurring payments made by the Customer through the Debit Card-i for payment of insurance/Takaful, bills, and/or other services that the Bank may introduce and provide from time to time.
“Authorised Merchant” means any retailer or person, firm or organizations who pursuant to a merchant agreement with the Bank agrees to accept or cause its outlet to accept the Debit Card-i when presented for payment for the supply of goods and/or services.
"Banking Services" means the facilities, products and services of the Bank that are made available to the Customer that can be accessed through the Mobile Application.
"Bank" means KAF Digital Bank Berhad (Company No. 202301012417 (1506339-M))
“Bank’s Contact Centre” means the details of the Bank as follows:
Telephone number : 03-8744 3331
Email : hello@kaf.com.my
“BNM” means Bank Negara Malaysia, the Central Bank of Malaysia.
“Card-Not-Present Transaction” means card transaction made where the Customer is unable or not required to present the card physically when making payment including but not limited to online, Auto Debit, mail Order and Telephone Order (MOTO) transactions.
“Card-Present-Transaction” means card transaction made where the Customer present the Debit Card-i physically when making payment included but not limited to Retail Purchases.
“CCRIS” means the Central Credit Reference Information System that is owned and operated by BNM to facilitate credit risk management among banks.
“CGC” means the Credit Guarantee Corporation (Malaysia) Berhad.
“Contactless Reader” means the radio-frequency identification secure reader equipped within a POS Terminal for making any payment.
“Contactless Transaction” means any transaction that is made by tapping or waving the Debit Card-i in front of a Contactless Reader.
"Customer" means the person or persons whose name(s) in the Islamic Deposit Account(s) and the Debit Card-i that is/are maintained with the Bank and each person who uses or is authorised to use User Name and Password, or other means of access as may be established or approved by the Bank.
“Debit Card-i” means any Debit Card-i issued by the Bank to the Customer providing electronic access to the Customer’s Islamic Deposit Account, and to allow the Customer to effect any transactions subject to the Bank's Debit Card-i Terms and Conditions.
“DuitNow QR” means the service owned by PayNet which facilitates industry wide ubiquitous payments or transfers by scanning the QR (Quick Response) code which complies with DuitNow National QR Code Standard, the specification developed and managed by PayNet for domestic interoperable QR use cases.
“e-KYC” means electronic know-your-customer, which is a mandatory process by the Bank in identifying and verifying the client’s identity when open an Islamic Deposit Account with the Bank.
“Entity” or “Entities” means reference which includes companies, corporations, sole proprietorships, small-medium enterprises, partnerships, limited liability partnership associations, societies, co-operative societies, management committees, trusts, trade unions and clubs duly established or recognized by the laws of Malaysia.
“FEN” means the Foreign Exchange Policy Notices issued by BNM. “IFSA” means the Islamic Financial Services Act 2013.
"Islamic Deposit Account" means the Shariah-compliant Savings Account-i (SA-i) offering Malaysian Ringgit to the Customer as set out in the Bank’s Islamic Deposit Account Terms and Conditions.
“Mobile Application” means the definition of Mobile Application as set out in the Bank’s Mobile Application Terms and Conditions.
“ID" means the Customer's official identification document that the Customer used to open an account with the Bank (i.e. MyKad/NRIC, MyPR, Army/ Police ID, passport, etc).
“Instructions” means any request, application, authorisation or instructions in any form given or transmitted through the Mobile Application by the Customer to the Bank.
“KAF Group of Companies” means all companies that are deemed related to the Bank, including the parent company of the Bank, and all related subsidiaries of such parent company.
“Mobile Device” means any mobile electronic or telecommunication device, including but not limited to, mobile phones, smartphones or tablets, that may be used to access the Mobile Application.
“FMOS” means the Financial Markets Ombudsman Service , which is a financial consumer dispute resolution body.
“Overseas Transactions” means the Transactions performed at Authorised Merchants and/or Authorised Cash Outlets outside of Malaysia using the Debit Card-i.
“PayNet” means Payment Network Malaysia Sdn Bhd.
“Payee Corporation(s)” means corporation(s) whose bills can be paid through the services.
“Participating Retail” means any Retail Purchase made by the Customer through a POS Terminal or Contactless Reader installed at the payment counter of any Authorised Merchant(s) that accepts the Debit Card-i.
“Password” means a unique string of characters (includes alphanumeric and selected symbols) chosen by the Customer and known only to the Customer and the Bank's computer system, constitutes the other part of the Customer’s electronic signature, which must be keyed in by the Customer to allow the Mobile Application system to authenticate the Customer’s User Name and grant the Customer access to the Debit Card-i through the Mobile Application.
“Privacy Notice” means the Bank’s policies and principles pertaining to the collection, use and storage or personal information of existing and prospective Customers.
“POS” means the point of sale at the time and place where a Retail Purchase is performed at any Authorised Merchant outlets.
“POS Limit” means the maximum limit that is permissible which has been set by the Customer through the Mobile Application that can be used for Retail Purchase in respective Authorised Merchant’s outlets.
“POS Terminal” means an electronic device which belongs to the Bank or other financial institutions or any other third party in Malaysia and overseas that is used to process card payments at Authorised Merchant outlets which accept payments.
“Recipient” means any party to whom the Transaction requires the Bank to deliver or remit any Transactions, payments or documents. The Recipient shall include the Customer, where the context so requires.
“Retail Purchase” means for the purpose of this Terms and Conditions, all payments for Card-Present-Transaction and/or Card-Not-Present Transaction incurred when the Debit Card-i is in use.
"Ringgit Malaysia" or “RM” means the lawful currency of Malaysia.
“Security Code” means the security credentials used to identify the Customer when the Customer access and utilise the Mobile Application comprising of the Password, username, ATM PIN, Secure Code, registration code, reset code and includes any other security codes that the Bank may issue/implement from time to time with prior notice to the Customer.
“Shariah” means Shariah principles as determined from time to time by the rulings of the Shariah Advisory Council of BNM and the Shariah Committee of the Bank. The Customer and the Bank agree that their respective rights and obligations herein are intended to be and in conformity with the Shariah as determined from time to time by the rulings of Shariah Advisory Council of BNM and the Shariah Committee of the Bank.
“SST” means Self-Service Terminals, which includes the ATM.
“StepPay” means a digital only buy now, pay later feature that is tagged to the Mobile Application.
“Transactions” means all transaction(s) that is/are effected through the use of the Debit Card-i, including but not limited to, cash withdrawal, Retail Purchase, fund transfer, balance inquiry, payment, deposit of cash or cheque, payment of bills and any other electronic banking services the Bank shall offer and introduce from time to time.
“Ujrah” means the fees and charges charged pursuant to additional services performed by the Bank for the Customer pursuant to the Islamic Deposit Account.
“User Name” means the unique name made up of a string of characters chosen by the Customer, constitutes one part of the Customer’s electronic signature hereunder and is the only means by which to allow the Bank to identify the Customer, which must be keyed in by the Customer in order for the Mobile Application system to associate the Customer’s User Name with the Customer’s user profile and the Customer’s Islamic Deposit Account.
“Valid Thru Date” means the expiration date of the Debit Card-i is five (5) years.
“VISA” means a digital payment technology provided through VisaNet, a global online system that processes money transfers.
2.2 Words importing the singular shall include the plural and vice versa.
2.3 Words importing the masculine gender shall include the feminine and neuter genders and vice versa.
2.4 All references to provisions of statutes include subsidiary legislation and all modifications, re-certification and re-enactment of or to such statutes and subsidiary legislations from time to time and for the time being in force.
2.5 Any banking term not specifically defined or described shall be construed in accordance with the general practice of banks and finance companies in Malaysia. Any term relating to computer technology not specifically defined or described shall be construed in accordance with general practice and the custom of trade of computer companies and the information technology industry in Malaysia.
2.6 In the event of any conflict in the interpretation and translation of this Terms and Conditions in any language, the English version of this Terms and Conditions shall prevail.
3. Application and Enrolment for a Debit Card-i
3.1 Any application for a Debit Card-i and access, will be subject to the Bank's approval. The Bank reserves the right to accept or reject any application, deny access to the Customer’s Debit Card-i application, limit the Customer’s access or Transactions or to revoke the Customer’s access to the Debit Card-i application.
4. Acceptance and Use of the Debit Card-i
4.1 The Customer who has an account(s) with the Bank is eligible to apply for a Debit Card-i through the Bank’s Mobile Application (applicable for account opened via the Bank’s Mobile Application) using e-KYC only.
4.2 Upon clicking the tick box provided on the Mobile Application, the Customer accepts to have a virtual Debit Card-i.
4.3 The physical Debit Card-i will only be delivered to the Customer at the registered address specified in the application only upon the Customer’s request through the Mobile Application.
4.4 The Customer may activate the Debit Card-i to gain access to services available through the Debit Card-i via:
(a) an ATM PIN mailer given to the Customer during the registration at the Mobile Application;
(b) an ATM PIN creation and activation through the Bank’s Mobile Application by following the steps and instructions provided on the Mobile Application. If the Debit Card-i has been issued and no activation has been made within twenty-one (21) days from the date of issuance, the Debit Card-i will be blocked and the Customer may request for a Debit Card-i replacement or re-activation of the Debit Card-i through the Mobile Application.
4.5 The Customer acknowledges and agrees that:
(a) The Customer must sign on the back of the physical Debit Card-i immediately after the receipt from the Bank;
(b) the Debit Card-i is not transferable and can only be used by the person to whom it is issued;
(c) the Debit Card-i shall be linked to the Islamic Deposit Account belonging to the Customer to conduct Transactions;
(d) the Customer is allowed to link up more than one (1) Islamic Deposit Accounts to the Debit Card-i subject to the Bank’s approval;
(e) the cash withdrawals and Participating Retail made using the Debit Card-i are subject to the ATM Limit set by the Customer, subject always to the maximum limit allowable by the Bank;
(f) the Customer shall be responsible to the Bank for all Transactions effected using the Debit Card-i and for all related fees debited to the Account;
(g) the Customer shall use the Debit Card-i responsibly, including not participating in Shariah non-compliant activities;
(h) the Customer shall check the Customer’s Islamic Deposit Account through Mobile Application from time to time and report any discrepancies to the Bank without any undue delay; and
(i) the Customer shall abide this Terms and Conditions for the usage of this Debit Card-i.
4.6 For Debit Card-i Retail Purchase via VISA and/or for online purchases, such purchases are subject to the POS Limit set by the Bank. The Customer may change the POS limit subject always to the maximum limit allowable by the Bank. The Debit Card-i Retail Purchase via VISA and/or for online purchases may be used subject to the following:
(a) to pay for purchases using Debit Card-i at any Authorised Merchant, the Customer may authorise the debit Transactions by:
(i) signing on the transaction receipt prepared by the Authorised Merchant;
(ii) entering an ATM PIN at the POS Terminal; or
(iii) performing Contactless Transaction;
(b) in the event purchases using Debit Card-i are made via online, Auto Debit, mail order, or telephone order (MOTO), SST, or non-signature-based transactions, the Customer agrees that confirmation receipts and/or acceptance issued by any Authorised Merchant or its affiliates for such transactions shall be deemed satisfactory documentary evidence as use and the Customer must adhere to this Terms and Conditions;
(c) the Customer will not use the Debit Card-i for, or in connection with any unlawful activities or purpose such as illegal online betting or payment for any illegal purchases which may result in the Bank rejecting debit Transactions at POS Terminals or payment gateways and terminating the card immediately, without any liability on the Bank;
(d) The Bank does not represent nor warrant that the use of Debit Card-i will not be without disruption, interruption or error. Unless it is proven that such disruption, interruption, a technical breakdown or some other efficiency in the systems or equipment of the Bank or error arises directly from the Bank’s wilful default or gross negligence, the Bank shall not be held liable, responsible or accountable in any way whatsoever because of any loss, damage, or injury, other detriment incurred by the Customer if the Debit Card-i is not honoured;
(e) if the Customer incurs any delay, cost, expense, loss, damage, and/or another detriment due to any mechanical defect or malfunction of any ATM, POS Terminal, internet network or due to a loss or interruption of power supply, the Customer hereby absolves the Bank from any and all liability and responsibility;
(f) the Customer agrees that all Transactions effected on the Debit Card-i are subject to:
(i) the respective ATM Limit and POS Limit;
(ii) the fees and charges as stated on the Bank’s Mobile Application; and
(iii) the current balance in the Islamic Deposit Account is sufficient to authorise for any Transactions and fees and/or charges imposed by the Bank;
(g) the Bank shall not be, in any circumstance liable:
(i) for any failure due to any mechanical defect or malfunction of any ATM, POS terminal, internet network or such other terminals or channels that are available to the Customer or due to a loss or interruption of power supply;
(ii) should there be any rejection by any Authorised Merchant or any terminal used to process card transactions or connection with the card facilities or if the Bank refuses, according to its policies, to authorise any card transactions; or
(iii) for any damage, loss, or inability to retrieve any data or information that may be stored on the card or any microchip or circuit or device on the card;
(h) The Bank will not affect any payment order or Instructions unless there is sufficient balance in the Islamic Deposit Account on the payment order or Instructions date and the Bank shall not be liable for any loss or damage suffered by the Customer arising therefrom. The Islamic Deposit Account balance shall exclude uncleared cheque(s) or remittances not received. All payment orders or Instructions will be void if the Islamic Deposit Account is closed or the payment order or Instructions is cancelled on or before the payment date; and
(i) In some circumstances, VISA may allow the Customer to charge a Debit Card-i transaction back to the Authorised Merchant with whom the Retail Purchase was made (if the chargeback right is available) subject to the complaint or dispute having been made to the Bank by the Customer within twenty-one (21) days from the posting date of such Transaction in the Customer’s Islamic Deposit Account and the Customer has provided the necessary information requested by the Bank to support the chargeback within the requested time frame.
4.7 Where there is a dispute between the Customer and the Payee Corporation(s) or Authorised Merchant arising from the use of a Debit Card-i, or where the Customer has paid in excess of what is due to the Payee Corporation(s) or Authorised Merchant, the Customer shall settle such dispute with or obtain an adjustment or refund from, as the case may be, the Payee Corporation(s) or Authorised Merchant, and the Customer hereby agrees that the Customer shall not hold the Bank liable for any losses or damages which the Customer may incur arising from the dispute or excess of payment.
4.8 The Customer will be required to use the Debit Card-i and ATM PIN to register at Mobile Application. By registering for the Debit Card-i through the Mobile Application, the Customer shall have agreed to be bound by the terms and conditions of the Mobile Application. The Bank reserves the right to withdraw funds from the Customer’s Islamic Deposit Account, provided there are sufficient funds which the Customer may have with the Bank, if there is a shortfall due to intermittent network issue, a different authorisation amount than the settlement amount due to the currency conversion rate or any unexpected shortfall when Transactions are effected.
4.9 A pre-authorisation amount of RM200.00 (“Pre-authorisation Amount”) is required for petrol transactions at the self-service pump in petrol stations. The Pre-authorisation Amount is a temporary hold from the Customer’s Islamic Deposit Account before the petrol is filled. The Pre-authorisation Amount will be cleared within three (3) days and the actual amount for the petrol transactions will be debited from the Customer’s Islamic Deposit Account. There may be other instances such as hotel check-in where pre-authorisation is also required.
5. Applying for the Debit Card-i
5.1 The application, maintenance and use of the Debit Card-i is subject to the Bank’s prescribed form requirements when applying for an Islamic Deposit Account. Please refer to the Terms and Conditions in the Islamic Deposit Account for more details.
6. Shariah compliance
6.1 The Debit Card-i can only be used for Shariah-compliant goods and services and shall not be used at any merchants who are in the business of providing Shariah non-compliant goods and services and/or for any Shariah non-compliant transactions as categorized by merchant category as below:
MCC |
Description |
5921 |
Package Stores, Beer, Wine, Liquor |
5993 |
Cigar Stores and Stands |
7273 |
Dating, Escort Services |
7297 |
Massage Parlours |
7800 |
Government Owned Lotteries (United States Region only) |
7801 |
Government Licensed Online Casinos (Online Gambling) (UnitedStates Region only) |
7802 |
Government Licensed Horse/Dog Racing (United States Region only) |
7995 |
Betting (including lottery tickets, chips and gaming casinos, off-track betting and wages and online gambling) |
9406 |
Government Owned Lotteries (Non - United States region) |
9754 |
Gambling - Horse Racing, Dog Racing, State Lotteries |
Note: the above list of Shariah non-compliant goods and services may be updated from time to time on the Mobile Application.
7. Ownership of the Card
7.1 The Debit Card-i remains the property of the Bank at all times, and it is not transferable to another party for any use or purpose unauthorised by the Bank.
7.2 The Customer shall not use the physical Debit Card-i and shall cut the physical Debit Card-i in halves in one of the following events:
(a) upon the expiry of the Debit Card-i;
(b) upon cancellation, termination, replacement and surrender of the Debit Card-i by the Customer; (c) upon cancellation, revocation and suspension of the Debit Card-i by the Bank; or
(d) upon discovery of the Debit Card-i after notification of its loss or theft.
7.3 Upon the Customer’s cancellation of the Debit Card-i following the loss, theft, or mutilation of the Debit Card-i, the Bank may, according to its policies, issue a replacement of physical Debit Card-i to the Customer. Any replacement Debit Card-i issued by the Bank will be subject to a replacement fee as stated under the Bank’s fees and charges.
7.4 The Customer shall not use the virtual Debit Card-i and the virtual Debit Card-i shall be non-usable in one of the following events:
(a) upon cancellation and termination of the virtual Debit Card-i by the Customer via the Mobile Application;
(b) upon cancellation, revocation and suspension of the virtual Debit Card-i by the Bank and the Customer shall be informed immediately of such cancellation, revocation and suspension via the Mobile Application by receiving a text from the Bank;
(c) the ATM PIN is disclosed or exposed or compromised, voluntarily or otherwise, to any other person other than the Customer; or
(d) the Customer fails to retrieve the Customer’s ATM PIN number after numerous attempts.
8. Contactless Transaction
8.1 The Debit Card-i supports two (2) types of Contactless Transaction:
(a) Participating Retail contactless – a contactless payment method via the Participating Retail payment network that can be performed at any POS Terminal that displays the Participating Retail logo; and
(b) VISA PayWave – a contactless payment method via the “wave” function with no ATM PIN or signature required that can be performed at any POS Terminal that displays the VISA PayWave logo.
8.2 Each Contactless Transaction is set at the default limit amount of RM250.00 by the Bank. The Customer may change the Contactless Transaction limit amount to the maximum limit allowable by the Bank. In the case where the Contactless Transactions have exceeded the threshold of RM250.00 for each Contactless Transaction, the Customer is required to sign a transaction sales draft generated (where applicable) from the POS Terminal or enter a ATM PIN at the POS Terminal.
8.3 If the Contactless Transaction exceeds the cumulative contactless limit, the Customer can still make payment by inserting the Debit Card-i into the POS Terminal and the Customer will be required to sign a transaction sales draft generated (where applicable) from the POS Terminal or enter the ATM PIN at the POS Terminal.
8.4 Contactless Transactions are subject to the Transaction limit.
9. E-Statement
9.1 E-Statement is an electronic statement provided to the Customer by the Bank that is made available through the Mobile Application.
9.2 An E-Statement through the Mobile Application is available on a monthly basis or at such frequency as determined by the Bank. The Customer must be a registered Mobile Application user and has registered for the E-Statement service to view the E-Statement.
9.3 The Customer agrees and undertakes to examine with due care all the entries in the E-Statement promptly and to report immediately to the Bank of any error or discrepancies found in the E-Statement. If the Bank does not receive any notification in writing within twenty-one (21) days from the E-Statement date of any errors or discrepancies as regards to the Debit Card-i entries in the E-Statement, then the Customer shall have accepted such entries made up to the date of the last entry in the E-Statement as correct, binding, final and conclusive and adopt all withdrawals or other debits to the Islamic Deposit Account.
9.4 In the absence of notification from the Customer in the manner set out in the clauses above, the E-Statement shall be conclusive evidence of the Customer’s confirmation and acceptance of the accuracy of the E-Statement.
9.5 The E-Statement service allows the Customer to view, save and print the E-Statement in PDF format or such other format as may be made available by the Bank from time to time, subject to this Terms and Conditions.
10. Fees and Charges
10.1 The Bank shall levy fees and charges for the Bank’s Banking Services including but not limited to card issuance fee, annual fee, card replacement fee, cash withdrawal fee, early closure of the Islamic Deposit Account fee, StepPay charges via PayNet balance inquiry fee, sales draft retrieval fee and Overseas Transaction conversion fee. Notwithstanding the imposition of such fees, Transactions carried out through the Banking Services will be charged the usual charges and commissions.
10.2 The Customer agrees to pay all fees and charges incurred in this clause and the Bank may debit the Customer’s Islamic Deposit Account, at any time notwithstanding that such debiting may cause the Account to be overdrawn. The Customer is required to maintain an account balance of RM20.00 in the Account for the purpose of debiting the annual fee for the Debit Card-i.
10.3 Subject to Shariah, the fees and charges may be varied from time to time according to the policies of the Bank. Should there be any changes in the fees and charges, the Bank shall give twenty-one (21) days’ notice prior to the effective date of change.
10.4 Unless otherwise specified herein, the Bank’s charges exclude any current taxes and future taxes that may be imposed under the relevant legislation. Upon the effective date of implementation of any such taxes in the future and wherever applicable, the Bank will be entitled to recover such taxes from the Customer.
10.5 All Debit Card-i related fees and charges can be found on the Mobile Application.
11. Security Codes Management
11.1 Confidentiality of ATM PIN
(a) An ATM PIN is strictly confidential and shall be kept secure by the Customer and the Customer shall not disclose it to anyone under any circumstance or for any reasons whatsoever. The Customer shall:
(i) sign the physical Debit Card-i as soon as it is received and comply with any security instructions;
(ii) use a unique and hard to guess or imitate six (6) digit ATM PIN;
(iii) protect the Debit Card-i, the ATM PIN, and any card security details;
(iv) not select an ATM PIN or use the ATM PIN negligently or recklessly which will contribute to or cause losses from any unauthorised Transactions from the use of the Debit Card-i by any third party;
(v) destroy any notification of the ATM PIN or the card security details and not disclose the ATM PIN to anyone else including the police and Bank staff;
(vi) not allow any other person (except the Customer) to see the ATM PIN when the Customer enters it or it is displayed; and
(vii) notify the Bank immediately by making a call to the Bank based on the information provided by the Bank’s Contact Centre upon becoming aware of the ATM PIN being exposed, used or known to a third party.
(b) The Customer shall take reasonable steps to keep the Debit Card-i and ATM PIN secure at all times and at any place, including at the Customer’s place of residence. These include not:
(i) disclosing the Debit Card-i details or ATM PIN to any other person;
(ii) writing down the ATM PIN on the Debit Card-i or on anything that is kept in close proximity to the Debit Card-i;
(iii) using an ATM PIN selected from the Customer’s birth date, identity card, passport, driving license, or contact numbers; and
(iv) allowing any other person to use the Debit Card-i and ATM PIN.
(c) If the ATM PIN has been disclosed or exposed or compromised for any reason whatsoever or if the Customer should forget the Customer’s ATM PIN, the Customer hereby undertakes to immediately notify the Bank to change the ATM PIN.
11.2 Security Code Management
(a) The Customer hereby authorises the Bank to deliver the Customer’s Security Code/ATM PIN to the Customer at the Customer’s own risk and the Customer agrees to hold the Bank harmless from all claims and liabilities, loss or damage incurred or suffered in the event the ATM PIN shall fail to reach the Customer by reason that the document containing the Security Code is intercepted or retained by any other person or lost in transit.
(b) That the Security Codes must be kept secret and the Security Code once received by the Customer must be changed immediately after the Customer has received and read them and may only be used by the Customer and no one else. If a Security Code is not issued to the Customer, the Customer will be advised to create the Customer’s own Security Code as a condition for access to the Services.
(c) To gain access to the Banking Services, the Customer is first required to be authenticated via the Mobile Application and its Security Code for registration of the mobile phone number to receive the Security Code required to effect first time login to.
(d) That no one other than the Customer has access or can have access to the Security Codes to enable the Customer to carry out any Transactions through any of the Services and the Security Codes are not written down in any form or manner which may be deciphered by anyone or kept together or disclosed or exposed to any other person than the Customer (including the employees of the Bank) under any circumstances or at any time.
(e) The Customer understands and agrees that the Customer’s Security Code is strictly confidential and hereby undertakes not to disclose or expose or compromise or in any way cause or allow the Customer’s Security Code to be disclosed or exposed or compromised to any other person than the Customer under any circumstances including bank staff or by any means whether voluntarily or otherwise, and must take all care to prevent the Security Code from becoming known to any other person. The Customer understands and agrees that failure to comply with this requirement may expose the Customer to the consequences of theft and/or unauthorised use of the Debit Card-i, in which event the Customer shall be liable for all Transactions made and charges incurred under the Debit Card-i, whether or not such Transaction or charge is within the Customer’s knowledge or authority.
12. Overseas Transactions
12.1 Overseas Transactions will be subjected to the fees and charges as stipulated for Overseas Transactions contained in this Terms and Conditions. The exchange rate, where applicable, shall be at the prevailing spot exchange rates on the date of Transaction.
12.2 All inter-country Transactions by the Customer shall not violate the laws existing in the country where the Transaction is affected. Where applicable, the Customer shall comply with the guidelines set forth in the FEN issued by BNM and shall be liable for any infringement of such regulation, including any amendment(s) thereto.
12.3 The Bank may at any time give notice, to Customer in which the Debit Card-i may not be used at any ATM(s) or Authorised Merchants outside Malaysia and the Bank shall not be liable to the Customer for any loss or damage suffered by the Customer resulting in any way from such suspension or termination due to the non- availability of card facilities in such country or countries.
12.4 For Overseas Transactions, the rate of exchange on the date of such posting shall be at the prevailing spot exchange rates on the date of the Transaction is posted at the sole discretion by VISA or any other brand owners of which the Bank is a member to.
12.5 Overseas Transactions are first converted to the official currency of the country concerned at the rate and charges as determined by Visa. The official currency of the country will then be subsequently converted to Ringgit Malaysia at the conversion rate and charges as determined by Visa and shall be inclusive of 1.2% Overseas Transaction conversion fee.
12.6 All international Retail Purchases made via contactless or ATM PIN and Transactions via ATMs shall be subjected to the laws existing in the country where the aforementioned Transaction originates. For all such Transactions, the exchange rate, where applicable, shall be at the prevailing spot exchange rate on the date the Transaction is posted.
13. Opt-In Requirement for Overseas Transactions and Retail-Present Transactions
13.1 The Customer will only be able to perform Overseas Transactions and/or Card-Not-Present Transactions using the Debit Card-i if the Customer has registered to opt-in in the following manner:
(a) Overseas Transactions via ATM machines or by contacting the Bank’s Contact Centre.
(b) Card-Not-Present Transactions via the Bank or by contacting the Bank’s Contact Centre.
13.2 The Customer can opt-out anytime in the following manner:
(a) Overseas Transactions via ATM machines or by contacting the Bank’s Contact Centre.
(b) Card-Not-Present Transactions via any of the Bank’s branches or by contacting the Bank’s Contact Centre.
13.3 If the Customer uses the Debit Card-i for the purchase of good and/or services through any internet sites or portals, the Customer shall solely be responsible for such use. If there is any activities(ies) of fraud, stolen ATM PIN, misuse of ATM PIN and any other unauthorised Transactions due to the use of such services, the Bank shall not be held liable for it as such entry of the Debit Card-i’s information shall mean that it has been duly authorised by the Customer.
14. Transaction Alerts
14.1 The Customer shall receive transaction alerts for the following:
(a) Purchase transactions at POS terminals.
(b) Online transactions.
(c) Cash withdrawal transactions.
(d) Mail and telephone order transactions.
14.2 The Customer shall receive transaction alerts in the event of any of the following:
(a) Transactions exceeding a specified threshold amount as predetermined by the Bank, and also as set by the Customer in the Mobile Application.
(b) First time use of new card.
(c) All card-not-present transactions.
(d) Not applicable for recurring auto-debit transactions
(e) High risk transactions as per determined by the Bank
14.3 The Customer is not allowed to opt out from receiving transaction alerts of any amount.
15. Liability of the Customer
15.1 The Customer agrees and undertakes to take all reasonable care and precaution to prevent the loss or theft of the Debit Card-i,not to disclose the Security Codes and/or personal and account details to any other person than the Customer, and shall immediately notify the Bank (in the event of loss or theft in Malaysia) or VISA (in the event of loss or theft outside of Malaysia) of the loss or theft of the Debit Card-i via telephone or electronic mail accompanied by a police report. The Customer fully understands that failure to take reasonable care and precaution with the Debit Card-i may expose the Customer to the consequences of theft and/or unauthorised use of the Debit Card-i. In the event of loss, the Bank and/or VISA are under no obligation to provide a replacement.
15.2 The Customer shall notify the Bank immediately upon receiving a transaction alert via the Mobile Application if the Transaction was unauthorised.
15.3 Subject to Clause 14.5, until and unless such notification as referred to in Clause 14.2 is received by the Bank, the Customer shall remain liable for all charges and Transactions incurred via and/or on the Debit Card-i, whether or not such charge or Transaction is within the Customer’s knowledge or authority. The said liability shall without prejudice to the generality of the foregoing include any Transaction effected through the use of the lost or stolen Debit Card-i (whether before or after the request for a replacement Debit Card-i), including transactions effected but not yet posted to the Debit Card-i, and any existing standing Instructions made by the Customer to an Authorised Merchant. The Customer is solely responsible for notifying the Authorised Merchant to cancel or amend any existing standing Instructions about the loss or theft of the Debit Card-i and/or the replacement Debit Card-i.
15.4 Where investigation by the Bank discloses that the Customer is involved or has contributed to the losses resulting from any unauthorised Transactions, the Customer shall be liable for all charges and Transactions incurred via and/or on the Debit Card-i, whether before or after the receipt by the Bank of the notification that the Debit Card-i is lost or stolen.
15.5 The Customer shall be liable for unauthorised Transactions which require an ATM PIN, signature verification or use of a contactless Debit Card-i if Customer has:
(a) acted fraudulently;
(b) delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss or unauthorised use of a Debit Card-i;
(c) voluntarily disclosed the ATM PIN to any other person than the Customer;
(d) writing down/recording the ATM PIN on the Debit Card-i or anything kept in close proximity to the Debit Card-i;
(e) left the Debit Card-i or an item containing the Debit Card-i unattended in places visible and accessible to others; or
(f) voluntarily allowed any other party than the Customer to use the Debit Card-i.
15.6 Notwithstanding and without prejudice to the generality of the clauses in this Terms and Conditions, the Customer shall expressly agree that the use of the Debit Card-i is at the Customer’s own risk and shall assume all risk, incidental to or arising out of the use of the Debit Card-i. This includes the use of the Debit Card-i for any financial and non-financial transactions, including the use of the Debit Card-i for the registration of any services, be it provided by the Bank or otherwise.
15.7 The Customer cannot use the Debit Card-i for any unlawful activities. If the Bank suspects or has reasons to believe that the Debit Card-i has been used for any unlawful activities, the Bank may take any actions that the Bank considers appropriate to meet any obligation or requirement in Malaysia or elsewhere in the world in connection with the prevention of any unlawful activities including but not limited to fraud, money laundering, terrorist activities, bribery, corruption or tax evasion or the enforcement of any economic or trade sanction. The actions the Bank may immediately suspending or terminating the use of the Debit Card-i, making reports, and taking such other actions as the Bank may decide as appropriate.
15.8 In the event of any proceedings in or analogous to bankruptcy or insolvency of the Customer, the Bank may prove to and agree to accept any dividend.
16. Exclusion of Liabilities
16.1 The Bank shall not in any circumstances be held liable for damages suffered or loss incurred by the Customer including but not limited to loss of reputation or embarrassment:
(a) in respect of any representation or implication that may arise as a result of:
(i) any cancellation or refusal on the part of the Bank to renew the Debit Card-i;
(ii) any suspension or restriction imposed by the Bank on the use of the Debit Card-i by the Customer; and/or
(iii) withdrawal of any benefits or privileges conferred on the Customer under the Debit Card-i; (b) arising from any act or omission of any Authorised Merchant or Authorised Cash Outlets, howsoever caused;
(c) due to any retention of the Debit Card-i and/or refusal by any Authorised Merchant or Authorised Cash Outlets to honour the Debit Card-i;
(d) in respect of any statement, representation, or communication made by any Authorised Merchant or Authorised Cash Outlets; and/or
(e) as a result of detection or lack of goods purchased or services provided by any Authorised Merchant or Authorised Cash Outlets, with the exception of losses which is caused by error, omission, mistake, misrepresentation, fraudulent or gross negligent conduct of the Bank’s.
16.2 The Bank shall not be liable for any loss, injury or damage suffered including consequential and economic loss, howsoever caused and/or arising by or from mechanical defect or malfunction of the ATMs, POS Terminal, Contactless Reader or any other SSTs, whether owned by the Bank or otherwise party or by any circumstances beyond the Bank’s control, including but not limited to, Act of God, strikes and or other labour disputes.
16.3 The Bank reserves the right to add, amend, and/or withdraw any Payee Corporation(s) from its services without assigning any reason(s) thereof and shall not be held liable for any loss or damage suffered as a result of such action.
17. Suspension or Termination of Services
17.1 The Customer may terminate the use of the Debit Card-i by giving twenty-one (21) days notice to the Bank through the Mobile Application and cut the physical Debit Card-i in halves, whereupon the use of the Debit Card-i will be terminated. The Customer shall be and will remain liable for any Transactions effected through the use of the Debit Card-i before the receipt by the Bank of such notice of termination.
17.2 The Bank may at any time according to its policies with prior notice within twenty-one (21) days to suspend, terminate, or restrict the use of the Debit Card-i and without any liability whatsoever to the Customer or any third party for doing so. Without prejudice to the generality of the foregoing, the Bank may immediately suspend, terminate, cancel or restrict the use of the Debit Card-i, upon the occurrence of any one or more of the following events:
(a) the bankruptcy, insolvency, death or incapacity of the Customer;
(b) any breach of this Terms and Conditions or provision by the Customer of this Terms and Conditions or laid down by any legal, regulatory or other authority or body relevant hereto; and/or
(c) the Customer fails to pay any fees or charges when due.
17.3 The termination of the use of the Debit Card-i does not affect the Customer’s liability or obligations in respect of Instructions received by the Bank before such termination that has been processed or is being processed by the Bank after such termination. However, upon such termination, the Bank will be under no obligation to process or complete processing Instructions received prior to such termination.
17.4 There will be no refund of any annual fees or other fees payable upon the termination of the Debit Card-i for any reason. Upon termination of the use of the Debit Card-i, the Bank shall not provide to the Customer the monthly E-Statement.
18. Card Expiry
18.1 The Debit Card-i is valid only up to the Valid Thru Date. The Customer shall ensure that upon the expiry of the Debit Card-i, it is destroyed by cutting it diagonally in half for replacement of Card. The issuance fee will be imposed for new issuance card subject to Clause 10. Annual fee will not be charged to Customer on the same year the Debit Card-i is issued. The Bank has the right to extend Valid Thru Date or allowed certain function to bypass Valid Thru Date subject to prior notice to the Customer.
19. Preservation of Rights and Entitlements
19.1 Notwithstanding anything in this Terms and Conditions, the Bank’s rights and entitlement under this Terms and Conditions shall continue to remain in full force and effect and shall survive any cancellation, revocation, or suspension of the use of Debit Card-i by the Bank or the termination of relationship between the Bank and the Customer.
20. Telephone Monitoring and Recording
20.1 The Bank may rely and act upon any verbal instructions received from the Customer through any mode acceptable to the Bank. The Bank shall not be held liable to the Customer in any way for acting in good faith upon receiving such Instructions notwithstanding that it is subsequently shown that the same was not given by the Customer or for any misunderstanding or damages suffered as a consequence of the Bank acting on or acceding to any such Instructions or request. The Customer hereby authorises the Bank to contact the Customer by telephone and hereby agrees that such telephone calls from the Bank may be unsolicited calls. The Customer further agrees that monitoring and/or recording may be done and no additional notice to the Customer or additional approval from the Customer is needed.
21. Certificate of Indebtedness
21.1 A certificate signed by the officer of the Bank as to the monies for the time being due and owing to the Bank from or by the Customer shall be conclusive evidence or proof against the Customer for all purposes whatsoever including for purposes of any legal proceedings.
22. IFSA 2013 and BNM Guidelines
22.1 This terms and conditions shall be subject to the provisions of the IFSA 2013 and any other modifications or any directive from BNM or as may be directed or required by a regulatory body from time to time.
22.2 The Customer understands and acknowledges that pursuant to Section 146 of the IFSA 2013 (Permitted Disclosures), the Bank is legally permitted to disclose the Customer’s personal information relating to the Customer’s affairs, Islamic Deposit Account or conduct thereof (including the Customer’s credit standing) to third parties as approved by BNM to facilitate and/or enable the Bank and/or the related and associate companies within the KAF Group of Companies to perform its and/or their functions and the Customer hereby consents to and authorise the Bank to disclose the said information to any guarantor(s)/security parties, the Bank’s lawyers, debt collection agents, third parties and/or related and associate companies within the KAF Group of Companies to enable the Bank and/or the related and associate companies within the KAF Group of Companies to perform its and/or their functions. In doing so, the Customer agrees that the Bank shall be absolved from any responsibilities or liabilities whatsoever.
23. Indemnity
23.1 In addition and without prejudice to any other right or remedy of the Bank, whether under this Terms and Conditions or otherwise, the Customer agrees to indemnify and hold the Bank, its successors, assigns, and third parties, and each of each of the Bank’s directors, officers, employees and agents harmless from and against all loss, damages, claims, fines, penalties or expenses, including legal fees, arising howsoever from or in connection with any breach, default, omission, misrepresentation, negligence, misconduct, non-observance and/or non-performance of this Terms and Conditions by the Customer or on the part or of any other person for whose acts or omissions the Customer is vicariously liable, whether in tort, contract or otherwise.
24. Waiver
24.1 No failure or delay on the part of the Bank in exercising any rights or remedies under this Terms and Conditions at any time or for any period of time nor any knowledge or acquiescence by the Customer, or in, any breach of any provision of this Terms and Conditions shall operate as or be deemed to be a waiver thereof nor shall a waiver by that party of any breach constitute a continuing waiver in respect of any subsequent or continuing breach. A provision of right or remedy under this Terms and Conditions may not be waived except in writing signed by the Bank so waiving.
25. Severability
25.1 Any term, condition, stipulation, provision, covenant or undertaking (“Provision”, and any reference to Provision shall include any part thereof) contained in this Terms and Conditions which is illegal, invalid, or unenforceable shall, to the maximum extent possible, continue to apply with the necessary modification in order that the Provision is legal, valid and enforceable provision which most closely reflects the original Provision. Subject to the foregoing, any Provision which is illegal, invalid or unenforceable shall be fully severable and ineffective to the extent of such illegality, invalidity or unenforceability without invalidating the remaining Provisions contained in this Terms and Conditions (which shall not be affected by the illegal, invalid or unenforceable Provision or by its severance).
26. Variations of Terms and Conditions
26.1 Subject to Shariah, the Bank shall have the right at any time to add, delete, amend or modify this Terms and Conditions, or any part thereof, from time to time. Such addition, deletion, amendment or modification shall be effective immediately upon notice to the Customer of twenty-one (21) days thereof, which may be given by means of, including, but not limited to, notification on the Mobile Application, or by electronic or conventional mail, or by any other means by which the Customer obtain notice thereof.
26.2 The Customer shall immediately notify the Bank in the event that the Customer is not agreeable to any such addition, deletion, amendment or modification, in which case the Bank shall be entitled to terminate the Debit Card-i. Any use of the Debit Card-i by the Customer after the issuance of such notice shall be deemed to constitute acceptance of this Terms and Conditions with such addition, deletion, amendment, or modification.
26.3 The Customer further agrees by continuing to maintain and operate the Customer’s Islamic Deposit Account after the effective date of the amendment(s) or variation(s), the Customer has accepted the amended Terms and Conditions and the same shall be binding and conclusive against the Customer.
26.4 The Bank shall have the right at any time to change or discontinue any aspect or feature of the Debit Card-i.
26.5 The Customer agrees and acknowledges that if and where the changes or amendments made are necessitated by an immediate need to restore or maintain the security of a transaction of the Islamic Deposit Account and Debit Card-i, the Bank may proceed with making such changes and amendments without giving any notice to the Customer.
27. Successors Bound
27.1 This Terms and Conditions shall be binding upon the parties and their permitted legal assigns and successors in title and the Customer shall not be entitled to assign any of the Customer’s rights or obligations under this Terms and Conditions unless with the express prior written consent of the Bank.
27.2 Compliance with Other Laws
27.3 The use of the Islamic Deposit Account outside Malaysia is subject to the following:
(a) the prevailing requirements on international and domestic transactions prescribed by the IFSA 2013, which is currently the FEN. The FEN is available at Bank Negara Malaysia’s website at https://www.bnm.gov.my;
(b) any fiscal or exchange control requirements in force for the time being in the country where the transaction is effected or requested; and
(c) the laws and regulations of Malaysia as well as the country where the transaction is effected or requested.
28. Disputes and Enquiries
28.1 Should there be any enquiries or require any assistance, please refer to the Bank’s Contact Center. For the avoidance of doubt, all telephone calls made to the Bank’s Contact Centre shall be logged by the Bank.
28.2 In the event that the Customer has any complaints and/or disputes arising from any unauthorised Transaction, please refer the matter to the Bank and specifying the nature of the Customer’s complaint and/or dispute. The parties hereby agree to try to settle the matter amicably.
28.3 Subject to Clause 28.4 below, the Customer may be required to disclose to the Bank all relevant information relating to any report, query or complaint including but not limited to the Customer’s name, the relevant Islamic Deposit Account and/or Debit Card-i number(s), a description of any such error, query or complaint, date of the disputed transaction or error, an explanation on why the Customer believes it to be an error or why the Customer requires more information and the amount(s) involved in the suspected error, disputed transaction, query or complaint, as maybe relevant. Notwithstanding this, the Customer shall not, at any time and under any circumstances whatsoever, disclose the ATM PIN to any of the Bank staff or representative.
28.4 Where any communication involves the Customer’s sensitive or confidential information whether in relation to the Islamic Deposit Account and/or Debit Card-i or any transactions made in relation to the Islamic Deposit Account and/or Debit Card-i, the Bank does not encourage the communication of any such information via the Mobile Application and the Customer agrees and acknowledges that should the Customer proceed with such mode of communication in relation to such information, the Customer shall undertake all inherent risks associated with such mode of communication and shall not, at any time whatsoever, hold the Bank responsible or liable for the security of such information or any loss suffered in relation thereto, with the exception of losses which is caused by error, omission, mistake, misrepresentation, fraudulent or gross negligent conduct of the Bank’s.
28.5 In the event that the Bank requests the Customer to make such report, complaint or query in writing to the Bank, the Customer shall do so within twenty-one (21) days thereafter. If no such written report, complaint or query is received by the Bank within the said period, the Bank will not be under any obligation to conduct any investigation and answer any such query or complaint.
28.6 Subject to Clause 28.7 below, the Bank shall endeavour to investigate the complaint, answer the query or inform the Customer the results of its investigation as soon as practicable or in any case within twenty-one (21) days of receipt of such report, query or complaint or where a subsequent written report, query or complaint is requested by the Bank pursuant to Clause 28.5, within twenty-one (21) days of receipt of such subsequent written report, query or complaint.
28.7 If the Bank requires more time to conduct its investigation, the Bank shall extend the period stated in Clause 28.6 above to such reasonable period which shall as far as reasonably possible not exceeding twenty-one (21) days from the date of receipt of such report, query or complaint or where a subsequent written report, query or complaint is requested by the Bank pursuant to Clause 28.5, within twenty-one (21) days of receipt of such subsequent written report, query or complaint. If the Customer delays, obstructs and/or withholds vital information from the Bank, making or attempting to make false claims in respect of any transaction, publish false claims on traditional or social media, and/or lodge false police reports with respect to any transaction, the Bank reserves the right to commence legal proceedings against the Customer whenever the Bank deems necessary.
28.8 The Customer shall as far as possible co-operate and assist the Bank in the conduct of its investigations, including allowing the Bank and its investigation team to access the device(s) used for the disputed transaction such as the personal computers, laptops, and/or Mobile Devices within twenty-one (21) days from the date the Customer reported the Customer query or complaint to the Bank’s Contact Centre.
28.9 Subject to the provisions of this Terms and Conditions, upon the completion of an investigation, the Bank shall make reasonable effort to correct any error promptly and to make the necessary adjustments to the Customer’s Islamic Deposit Account and/or Debit Card-i and notify the Customer of such adjustments.
28.10 In any case, the Bank shall inform the Customer of the results of the investigation within twenty-one (21) days of the completion of the Bank's investigations in Clause 28.6 or 28.7, as the case may be.
28.11 Where the Customer is not satisfied with the outcome of the investigation or of the Customer complaint, the Customer may appeal against such outcome by referring such complaint to the OFS.
29. Disclosure
29.1 The Customer irrevocably consents to and authorises the Bank and its officers and employees to disclose and furnish all information concerning the Customer’s particulars and affairs (financial or otherwise), account details, relationship with the Bank, this Terms and Conditions and any other matters relating to the Customer or its business and operations to the following classes of persons in such manner and to such extent as the Bank according to its policies may consider necessary:
(a) any officer, employee, agent or director of KAF Group of Companies which includes the holding company(s) of the Bank, its subsidiaries, associated companies, representatives and branch offices. For the avoidance of doubt, disclosure to the KAF Group of Companies shall be for the facilitating of operations, businesses, cross-selling and other purposes of the Bank and/or KAF Group of Companies provided always that disclosure is for cross-selling purposes shall not be effected if such disclosure is objected by the Customer upon written notification to the Bank;
(b) any person for or in connection with any legal action or proceeding taken to recover monies due and payable by the Customer to the Bank;
(c) any actual or potential participants as assignee, novatee, or transferee of the Bank’s rights and/or obligations under any Transactions between the Bank and the Customer;
(d) relevant third parties such as professional advisers, strategic business partners and alliances, Takaful operators, vendors, business partners and business agents who support the operational activities of the Bank;
(e) regulatory bodies, government agencies, tax authorities, the police, law enforcement bodies and courts, both within and outside Malaysia including pursuant to the applicable laws and regulations under Foreign Account Tax Compliance Act of the United States (FATCA) and Common Reporting Standard (CRS);
(f) CGC (if applicable) and any other relevant authority as may be authorised by law to obtain such information, or such authorities/agencies established by BNM, or any agency established by ABM/AIBIM;
(g) CCRIS, credit bureaus, credit reporting agencies and corporations set up to collect and provide credit information authorised or licensed under the Credit Reporting Agency Act 2010;
(h) the Bank’s accountants, auditors, solicitors, advisors, consultants and/or other agents as may be required for the proper performance of their functions, duties and obligations to the Bank and the KAF Group of Companies;
(i) the Bank’s service providers, nominees, agents, contractors or third-party service providers engaged by the 14
Bank and its related or associated companies to carry out the Bank’s functions and activities;
(j) the Bank’s rights to the Customer’s personal data and disclosure will be in accordance with the Bank’s Privacy Notice;
(k) an external party as may be required for any corporate exercises/due diligence activities undertaken by the Bank and/or the KAF Group of Companies;
(l) any party which in the future may express intention to acquire an interest/shareholding in the Bank pursuant to any proposed arrangement, composition, merger, acquisition/restructuring between the Bank and such parties; and
(m) any other persons or entities with the Customer’s prior consent.
30. Prevention and Mitigation of Banking Scam and Fraud
30.1 The Bank may provide the latest updates or contents from time to time to educate the Customer and create awareness to the Customer that would help in preventing or mitigating fraud and scam risk. These may include but are not limited to security tips, software/operating system/application/version update, and regulation requirements from any regulatory bodies or government authorities.
30.2 The Customer shall keep the Debit Card-i and ATM PIN in safe custody at all times and shall notify the Bank immediately when the Customer becomes aware that the Debit Card-i is lost or used without any authority or proper authorisation. The Customer shall also notify the Bank immediately once the Customer is aware that the ATM PIN to the Debit Card-i has been jeopardized for any fraudulent and unauthorised Transactions.
30.3 The Bank shall conduct an investigation and the Customer is required to provide sufficient information to facilitate the investigation upon being notified by the Customer of such incident of the Debit Card-i and ATM PIN. The Bank is hereby given the authority to terminate the affected Debit Card-i to mitigate further losses in the course of conducting the investigation.
30.4 Where any loss or damage suffered by the Customer is solely attributable to the wilful negligence of the Bank, the Bank’s liability to the Customer whether in contract or tort shall not exceed the amount of transaction which gave rise to the claim(s) or the direct damages sustained, whichever is the lower. The Bank shall not be liable to any loss of business, loss of profits, loss of data, earnings or goodwill, damages, liabilities whether such losses or damages could have or have not reasonably foreseen by the Bank.
31. Privacy and Personal Data Protection
31.1 The Customer hereby agrees and consents to the holding, collection and use of all personal data provided to the Bank by the Customer or acquired by the Bank including but not limited to the Bank’s Mobile Application, as well as personal data that arises as a result of the provision of the service to the Customer in connection with the Customer’s Debit Card-i in accordance with the Privacy Notice of the Bank as may be amended from time to time.
32. Anti-Money Laundering, Counter Financing of Terrorism and Anti-Corruption
32.1 In order to comply with local or foreign law, regulations, voluntary codes, directives, judgments or court orders, and any authorities, regulators or enforcement agencies, policies, good practice, government sanctions or embargoes, reporting requirements under financial transactions legislation and demands or requests of any authority, regulator, tribunal, enforcement agencies, exchange bodies, the Bank may:
(a) be prohibited from entering or concluding transactions involving certain persons or Entities (e.g. person or Entity that is itself sanctioned or is connected to or dealing with (directly or indirectly) any person or Entity that is sanctioned under economic and trade sanctions imposed by any regulator in any jurisdiction;
(b) report suspicious transactions or potential breaches of sanctions to an authority in any jurisdiction to which the Bank may need or decide to disclose. Transactions impacted include those that may:
(i) involve the provision of finance to any person involved or suspected of involvement in terrorism or any terrorist act;
(ii) be relevant to investigation of an actual or attempted evasion of tax law, investigation of or prosecution of a person for an offence against any applicable law; or
(iii) involve persons or Entities which may be the subject of sanctions;
(c) intercept and investigate any payment messages and other information or communications sent to or by the Customer or on behalf of the Customer and may delay, block or refuse to make any payment and payment screening may cause a delay in processing certain information;
(d) take any action it believes to be necessary, which includes freezing of funds, preventing operation of the Debit Card-i, refusing a request for funds from the Customer, not allowing the Customer to use a product, or delaying or cancelling a transaction. The Bank does not require to notify the Customer until a reasonable time after it is permitted to do so under those law or policies. The Bank will not be liable for any loss arising out of any action taken or any delay or failure by the Bank, in performing any of its duties or other obligations; and/or
(e) not to accept any deposit of any money or cheques and/or allow or carry out any other transaction including withdrawals of money in respect of Customer’s Debit Card-i including but not limited to any transfers and telegraphic transfer of moneys from or to the Customer’s Debit Card-i if the Bank has a reason to believe or is made aware of by third parties or relevant authorities that the Customer’s Debit Card-i is being used for or implicated in fraud, potential fraud, financial crimes, illegal activities, soliciting illegal financial investment schemes, money laundering or terrorism financing activities. The Bank too shall (subject to the extent permitted by law), reserves the right to terminate, suspend, freeze or otherwise deal with the Customer’s Debit Card-i as necessary.
32.2 The Customer hereby undertakes that:
(a) the Customer shall ensure that the Debit Card-i shall not be used for any unlawful activities in contravention of any anti-money laundering laws; and
(b) the Customer shall not:
(i) use the Debit Card-i, directly or indirectly, for transactions involving any unlawful activities or money laundering or other unlawful purposes; or
(ii) conceal or disguise the true nature of any unlawful activities.
(iii) utilize any monies from the Islamic Deposit Account for any money laundering or other unlawful purpose.
33. Notices And Communication
33.1 Any change of information which include the Customer’s personal details, maximum daily cumulative limit on DuitNow QR, exposure or suspected exposure of the Security Codes, or any other changes that are not specified herein, the Customer shall notify the Bank by posting, publishing or sending a notification on or through the Mobile Application. All communications sent by the Bank shall be accepted as duly delivered to the Customer if sent by addressed to or delivered to the Customer’s last known address registered with the Bank or through the Mobile Application. Any failure on the part of the Customer to notify the Bank of any change of address resulting in delay or the return of any E-Statement, correspondence, and/or notice shall not prejudice the Bank’s right or entitlement under this Terms and Conditions.
33.2 All legal processes shall be accepted as duly delivered to the Customer if sent to the Customer by post to or left at the Customer’s address last registered with the Bank. If the Customer has more than one (1) Islamic Deposit Account with the Bank and the details are not the same, the Bank is entitled to use the latest and most recent details.
33.3 Subject to Shariah, the Bank reserves the right from time to time to levy or vary any fees and charges by giving twenty-one (21) days of notice via displaying the new fees and charges on this Mobile Application.
34. Declaration
34.1 The Customer shall be required to complete the Bank’s prescribed Mobile Application form which shall then form part of this Terms and Conditions.
35. Survival
35.1 Any rights and obligations under this Terms and Conditions which are capable of having effect and which shall by their nature survive after the expiration or termination of this Terms and Conditions and shall remain in full force and effect following the expiration or termination of this Terms and Conditions.
36. Law and Jurisdiction
36.1 This Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and the courts of Malaysia shall have non-exclusive jurisdiction. Any dispute arising in respect of the Debit Card-i and this Terms and Conditions, which cannot be resolved in the manner specified in Clause 28 above, shall be referred to the courts of Malaysia.
37. Perbadanan Insurans Deposit Malaysia (PIDM)
37.1 The deposits maintained by the Customer in the Islamic Deposit Account are eligible for protection by Perbadanan Insurans Deposit Malaysia (PIDM) or Malaysia Deposit Insurance Corporation. Coverage of the eligible Islamic Deposit Account balance is subject to this Terms and Conditions as set by PIDM. A copy of the PIDM brochure has been provided to the Customer.
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37.2 Subject to the latest version of guidelines by PIDM and any amendment(s) thereof, any deposit will be protected by PIDM up to RM 250,000 for each depositor.
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CUSTOMER’S ACCEPTANCE
I agree with the Terms & Conditions of the Debit Card-i.
I hereby declare that I will not utilize the monies in the Debit Card-i for Shariah non-compliant purposes as listed in Paragraph 6.1 of the Debit Card-i Terms and Conditions.
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