"Bond Info Hub website" is the interactive on-line service operated by Bank Negara Malaysia ("BNM") on the World Wide Web of the Internet, consisting of information services and content provided by BNM, affiliates of BNM and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and/or use of Bond Info Hub website.
(A) This Agreement, sets forth the terms and conditions that apply to use of Bond Info Hub website by Subscriber. By using Bond Info Hub website (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use Bond Info Hub website is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) BNM shall have the right at any time to change or discontinue any aspect or feature of Bond Info Hub website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
BNM shall have the right at any time to delete, change or modify the terms and conditions applicable to Subscriber's use of Bond Info Hub website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means of, including, but not limited to, posting on Bond Info Hub website, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of Bond Info Hub website by Subscriber after the issuance of such notice shall be deemed to constitute acceptance by Subscriber of such deletions, changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Bond Info Hub website and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use Bond Info Hub website for lawful purposes only. Subscriber shall not post or transmit through Bond Info Hub website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, an invasion of privacy , vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without BNM's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in BNM's view restricts or inhibits any other Subscriber from using or enjoying Bond Info Hub website will not be permitted. Subscriber shall not use Bond Info Hub website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Bond Info Hub website. (B) Bond Info Hub website contains material subject to the protection of copyright, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Bond Info Hub website are subject to copyright as a collective work under the Malaysian copyright and trade marks laws. BNM owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download material for Subscriber's personal use only provided that this not for the purpose of private or commercial gain. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of BNM and the relevant copyright owner. In the event of any permitted copying, redistribution or publication of material subject to copyright, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading such material. (C) Subscriber shall not upload, post or otherwise make available on Bond Info Hub website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Bond Info Hub website, Subscriber automatically grants, or warrants that the owner of such material has expressly granted BNM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants BNM the right to edit, copy, publish and distribute any material made available on Bond Info Hub website by Subscriber. (D) The foregoing provisions of this Section 5 are for the benefit of BNM, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF Bond Info Hub website IS AT SUBSCRIBER'S SOLE RISK. NEITHER BNM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT Bond Info Hub website WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Bond Info Hub website, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH Bond Info Hub website. (B) Bond Info Hub website IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS OR COMPLETENESS, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. (C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS BEHAVIOUR, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT BNM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER. (D) IN NO EVENT WILL BNM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Bond Info Hub website OR THE Bond Info Hub website SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Bond Info Hub website. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON Bond Info Hub website. (E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BNM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN Bond Info Hub website, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, BNM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. F) REFERENCE TO ANY SPECIFIC COMMERCIAL PRODUCT, PROCESS OR SERVICE BY TRADE NAME, TRADE MARK, MANUFACTURE OR OTHERWISE BY BNM OR ITS AFFLIATES DOES NOT CONSTITUTE AN ENDORSEMENT, A RECOMMENDATION OR A FAVOURING BY BNM.
BNM shall have the right, but not the obligation, to monitor the content of Bond Info Hub website, to determine compliance with this Agreement and any operating rules established by BNM and to satisfy any law, regulation or authorized government request. BNM shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Bond Info Hub website. Without limiting the foregoing, BNM shall have the right to remove any material that BNM, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless BNM, its affiliates and their respective directors, officers, employees and agents from and against all loss, damage, claims or expenses, including attorneys' fees, arising out of the use of Bond Info Hub website by Subscriber or Subscriber's Account.
Either BNM or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, BNM shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which BNM, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
10. Name and Emblem of BNM.
The emblem of Bank Negara Malaysia, or the name of Bank Negara Malaysia, including any abbreviation of its name, is protected by the Emblems and Names (Prevention of Improper Use) Act, 1963. Therefore, BNM , Bond Info Hub website and the BNM emblem, can not be used by Subscriber or any person without the written permission of the Minister. All other trademarks appearing on Bond Info Hub website are the property of their respective owners.
11. Third Party Content.
BNM is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, BNM has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of Bond Info Hub website, are those of the respective author(s) or distributor(s) and not of BNM. Neither BNM nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through Bond Info Hub website represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with BNM. BNM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Bond Info Hub website by anyone other than authorized BNM employee spokespersons while acting in their official capacities. Under no circumstances will BNM be liable for any loss or damage caused by a Subscriber's reliance on information obtained through Bond Info Hub website. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Bond Info Hub website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for Bond Info Hub website established by BNM constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Malaysia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.