TERMS AND CONDITIONS

 1) DEFINITIONS AND TERMS 

The following terms and expressions shall have the following meanings unless otherwise defined:-

a) “Account(s)” means any one or more of your accounts held with the PBSN which includes your collective investment schemes, private mandates or any other investmet account.

b)  “PBSN” means Permodalan BSN Berhad with its head office at Tingkat 2, Blok A, Wisma Bank Simpanan Nasional,117 Jalan Ampang,50450 Kuala Lumpur.

c) “Content” shall mean any and all materials, information, graphics, texts, images, links, advertisements and data appearing or contained in the Website

d) “Link” means a link which is marked as a highlighted word, a different coloured word and/or a graphic (e.g. a trademarked logo or a button) on the Website which alerts the user of the Website on the existence of a link to another page on the Internet or World Wide Web on a site other than the Website.

e) “General Terms” means the PBSN’s existing general terms and conditions governing the PBSN’s usual Accounts, products, services and items, whether or not such products, services or items are accessed or offered through or in the Internet Services

f) “Website” shall mean the Permodalan BSN Berhad website at http://www.pbsn.com.my

2) CONTENT OF WEBSITE

i) We will take reasonable measures to ensure the validity and accuracy of all information in relation to the PBSN products and services offered under the Website.

ii) Notwithstanding the foregoing however, the products, services, information, Content and any material (including without limitation links to other websites and products, services, information, material, content of third parties) contained in the Website or made available to you under the Website is provided on an “as is” and “as available” basis without any warranty and/or representation of any kind whatsoever. As such access and use of the Website is at your sole risk and you will be solely responsible for the independent and/or professional evaluation and verification of the merchantability, fitness for any purpose, accuracy, quality, adequacy, timeliness and/or completeness of the products, services, information and/or Content prior to conducting your activities and making any decisions based on any such products, services, information and/or Content, including decisions relating to business, financial, commercial and/or investment matters. The risk(s) and consequence(s) of failing to conduct such independent and/or professional evaluation and verification shall be borne entirely by you.

3) LINK

 i) The links from or to websites out of our Website are provided for your convenience only. As such linked websites are under the control and ownership of third parties, the PBSN shall not accept any responsibility or liability for the access to such links, nor the products, services, information, materials or contents of such websites. Also, the PBSN does not warrant and is not responsible for the status of such links or any links contained in a linked website nor the products, services, information, material and/or content therein. Furthermore, the links provided in the Website shall not be considered or construed as an endorsement or verification of such linked websites or the contents therein by the PBSN.

ii) When the above links are accessed, you will exit from the Website, and these Terms and Conditions shall cease to apply. You are therefore subject to the conditions of access and/or privacy policy of such linked websites and you hereby agree that the risk involved in accessing such linked websites shall be borne solely by you.

iii) You shall bear all risks and assume sole responsibility for accessing these other websites or portals through the links provided herein and we shall not be liable for any loss or damage that may be incurred as a result of such access.

4) RESTRICTIONS ON YOUR USE OF THE WEBSITE

i) As a condition of your permitted use of the Website, you undertake that you will not use the Website (or any service, information or product thereunder)  for any illegal or unlawful purpose or where otherwise prohibited under law or by these Terms and Conditions. You shall not use the Website (or any service, information or product thereunder) in any manner which could damage, disable, overburden, corrupt or impair the Website or the hardware and software system, security protocols, information/service provider networks or other operations or interfere with any party’s use and enjoyment of the Website. You shall not attempt to gain unauthorised access to any hardware and software system, security protocols, information/service provider networks or other operations connected to the Website, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website

ii) In addition to the aforesaid restrictions and conditions for your permitted use and access to the Website you shall not modify, copy, distribute, transmit, use or otherwise deal with any of the products, services, information or Content of the Website without obtaining our prior written approval unless expressly allowed under these Terms and Conditions. Further, you shall not post, send or transmit any unauthorised content on to or through the Website including without limitation, content that (i) is unlawful, vulgar, obscene, libelous, a breach of privacy, abusive or otherwise objectionable; (ii)is considered “junkmail”, “spam”, “chain letters” or any other form of unauthorised materials; and (iii) contains software viruses or any file or program that may interrupt, disable, overburden, corrupt or impair the Website or the hardware and software system, security protocols, information/service provider networks or other operations.

5) OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

i) We own absolutely and hereby assert whether now or in the future all registered and unregistered rights (including all moral rights) in the Content, and the Website and any other legal and beneficial rights and interests of whatever nature related thereto conferred under the laws of Malaysia and all the countries in the world for the full period thereof, together with any renewals and extensions thereof.

ii) Nothing herein shall be deemed to grant any express or implied license (or other right) to you to use, reproduce, copy or otherwise deal with any one or more of the intellectual property or proprietary rights set out in the aforesaid paragraph. The rights granted to you under these Terms and Conditions are made available to you strictly for your personal use and access. Any rights not expressly granted under these Terms and Conditions are entirely and exclusively reserved to and by the PBSN

iii) You shall not yourself or through any third party commit or attempt to commit any infringing acts, including but not limited to framing, unauthorised linking, spamming, metatagging, and/or spidering.

iv) From time to time the PBSN may issue directives or instructions in relation to any use of the intellectual and proprietary rights belonging to the PBSN (or to its designees) and you shall forthwith comply with any and all such directives or instructions.

6) REPRESENTATIONS AND WARRANTIES

i) Except as specifically provided herein and to the fullest extent permitted by law, we make no and expressly exclude all and any warranties, representations, guarantees or endorsements, whether express or implied, oral or written, including without limitation to warranties for merchantability, fitness for a particular purpose, accuracy, quality, adequacy, security, availability, reliability, timeliness and/or completeness of any product, service, information, Content or any other (including third party products, services, information and content) contained in the Website or made available to you under or pursuant to these Terms and Conditions or the performance, use and operation of any of the foregoing.

ii) You agree that you have placed no reliance on any representation, warranty or guarantee made by us save and except for those representations, warranties or guarantees which have been expressly stated under these Terms and Conditions. Any representations, whether written or oral, given by any officer or representative of the PBSN shall be void and have no legal effect whatsoever.

iii) You specifically agree that PBSN shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this website. You specifically agree that PBSN is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that PBSN is not responsible for any content sent using this website by any third party.

7) LIABILITY & INDEMNITY

i) The PBSN shall in no event be liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss of profits or savings arising out of or in connection with your access or use or the inability to access or use this Website (or any third party link to or from the Website), reliance on the information contained in the Website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses or otherwise.

ii) These provisions herein shall take effect to the widest and fullest extent permitted by law. Reference to the term “we” “us” or “our” in this Clause 7 herein and elsewhere in respect of the PBSN liability shall include, wherever applicable, the PBSN directors, employees, personnel, agents and/or representatives.

iii) Without prejudice to the generality of the foregoing, you understand that you are personally responsible for your use and access to the Website and hereby agree to indemnify, defend and hold the PBSN harmless against any and all claims, demands, suits, actions, judgments, damages, costs, losses, expenses (including legal fees and expenses on a solicitor and customer basis) and other liabilities whatsoever and howsoever caused that may arise or be incurred by the PBSN whether or not arising from or in connection with :-

a) an infringement of a trademark, or copyright, or other intellectual proprietary right of a third party (please refer to Clause 5 hereof);

b) any illegal, immoral and/or negligent act, error or omission via the Service, including but not limited to computer crimes, fraud, cheating, defamation, etc. (please refer to Clause 4 hereof) and/or your failure to observe the applicable laws and/or regulations applicable (please refer to Clause 7 hereof); and/or

c) The parties hereto agree that this provision shall take effect to the widest and fullest extent permitted by law.

8) GOVERNING LAW AND JURISDICTION

i) These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto shall submit to the exclusive jurisdiction of the courts in Malaysia but the PBSN has the right to proceed against you in the courts of any other country where jurisdiction may be established.

ii) Without in anyway limiting or prejudicing the generality of the Clause 7 herein, you agree that the issue and utilisation of this Website and these Terms and Conditions shall be subject to SC and/or any relevant regulatory bodies’ guidelines and/or regulations in force from time to time.

9) INTERNET RISK

While PBSN is committed to maintain high security measures to ensure information provided are secure, there are risks beyond PBSN’s control in Internet communications. As a precaution, you should always make sure that your personal computer is secured and protected from unauthorised access and/or virus that may reveal your confidential information to third party. You should also be wary of email scams and attachments that may attempt to steal information about and/or from you.

Please note that communication over the website has not been transmitted via a private or secure link or in encrypted form and is therefore subject to the usual hazards of Internet communications, nor can it be guaranteed that this communication has not been the subject of unauthorised interception or modification.

10) PBSN’S RIGHT TO AMEND

The PBSN reserves the absolute right to vary, amend or delete any or all terms and conditions herein at any time and from time to time at its absolute discretion.

PRIVACY POLICY STATEMENT

 This Privacy Policy Statement (“the Privacy Policy Statement”) governs PBSN on the Internet (www.pbsn.com.my) offered by Permodalan BSN Berhad (PBSN).

The Customer’s personal information is collected in order to avail the Customer of the PBSN’s Internet services (www.pbsn.com.my) and to enable Customer to enjoy access to other online services offered by the Permodalan BSN Berhad. The Customer herewith refers to online registrants and/or customers who have or had invested with Permodalan BSN Berhad.

This Privacy Policy Statement is issued to reinforce the PBSN’s commitment to the policy of protecting at all times the confidentiality, integrity and security of the information provided by Customer to PBSN.

1) Security Of Information

Security Procedures In Place To Protect The Customer’s Information

Permodalan BSN Berhad is committed to using its best endeavours to maintain high computer security standards and procedures in order to ensure that all information provided by the Customer are secure and confidential at all times. To this end, PBSN has in place the required control systems to ensure security and confidentiality of the Customer’s information at all times. These security standards and procedures shall be maintained notwithstanding that the company-customer relationship may have been terminated or otherwise ended. Nevertheless PBSN hereby expressly advises the Customer that the PBSN does not have control over the computer, computer software, systems and other incidentals used by the Customer to access the www.pbsn.com.my on this website and further that transmission over the Internet cannot be guaranteed, warranted or represented to be absolutely secure.

2) Disclosure Of Information

In accordance with strict compliance to Guidelines by Securities Commission, and apart from the sharing of information between authorized persons of PBSN such as licensed unit trust agents, PBSN will not disclose the Customer’s information to any third party or external organizations without prior consent.

If the Customer does not wish to have the Customer’s information shared with any other party, or the Customer does not wish to be solicited for products or services offered by PBSN or parties it provides information to, please write in to the PBSN at the address below:

Permodalan BSN Berhad,
Tingkat 2, Blok A,
Wisma Bank Simpanan Nasional,
117 Jalan Ampang, 
50450 Kuala Lumpur.

Talian Am : 03-2634 2200

The instances where PBSN will disclose the Customer information are:

a. where it is required by law, Court Order or is otherwise legally permitted;

b. where such disclosure is required under Order of Court, legislation or regulations to be divulged 
to any government agency, agencies, ministries, departments or bodies established 
or approved by Securities Commission;

c. where requested or permitted by the Customer in writing.

3) Collection And Use Of Customer Information

Certain personal information of the Customer as particularised by PBSN from time to time will be required to be submitted to the PBSN by the Customer to enable PBSN to process the Customer’s request for information pertaining to services offered by PBSN for handling queries, evaluating Customer’s investment needs and/or offering PBSN’s products and services. Generally, the nature of information that is required includes but shall not be limited to information such as Customer’s name, address, e-mail address, telephone number, age, gender, particulars of identity documents such as identity card or passport and where applicable, financial information such as information of income, assets, liabilities for the purpose of financial planning services as PBSN shall require from time to time.

Although the primary purpose of acquiring the information is to confine its use to the normal course of the general business between PBSN and its Customer, the said information may also be applied for purposes incidental to and connected with the said primary purpose including the provision of www.pbsn.com.my as well as to evaluate the Customer’s needs that may arise from time to time, to enable PBSN to facilitate the provision of information pertaining to the PBSN’s products and services available from time to time.

4) Customer’s Questions Or Complaints

Any questions or complaints relating to the PBSN’s handling of personal information may be made to:

Permodalan BSN Berhad,
Tingkat 2, Blok A,
Wisma Bank Simpanan Nasional,
117 Jalan Ampang, 
50450 Kuala Lumpur.

Talian Am : 03-2634 2200

5) GIFTS AND HOSPITALITY POLICY & GUIDELINES

PBSN is adopting “NO GIFT POLICY” to reinforce its commitment in conducting business to the highest standard of integrity, ethics, good corporate governance and free of bribery / corrupted practices.

(1)  This Policy STRICTLY prohibits the exchange of gifts and hospitality directly or indirectly both within and outside of the work premise in course of their official duties and business dealings which may influence in a decision-making process or put the Directors, IC Members and Employees in a position of conflict or appearance of such conflict or obligation.

(2)  Directors, IC Members and Employees are not allowed to accept gifts and hospitality in exchange of doing or promising to do anything relating to the business or affairs of PBSN for potential or existing Clients and / or Third Parties.

(3)  Directors, IC Members, Employees and external parties are to avoid conflict of interest or the appearance of conflict of interest for either party in an on-going potential business dealing between PBSN and external parties as a gift and hospitality can be seen as a bribe that may tarnish PBSN’s reputation or in violation of anti-bribery and corruption laws.

(4) NO political donations and/or contributions to any political parties and / or any political causes are allowed in PBSN.

Exceptions to the “NO GIFT POLICY”

The following gifts and hospitality are permissible, subject to a Director, an IC Member and an Employee observing the value threshold limit, the Mandatory Requirements (as stipulated in Chapter 4 Mandatory Requirements of the Gifts and Hospitality Policy & Guidelines).

i.   Gifts & hospitality with indicative value of less than RM100 and equivalent in others currency;

ii.   Souvenir items and corporate merchandises with the external party’s company logo and / or PBSN’s logo such as diaries, pens, note books, calendars, mugs, umbrellas and T-shirts etc;

iii.  The souvenir items and corporate merchandises are given at public or invitational events;         

iv.  Gifts or financial support or contributions to charitable organizations or individuals on a charity basis under PBSN’s corporate social responsibility;

v.   Invitation to public event(s) such as sport events e.g golf tournament, badminton tournament, bowling etc organized by Third Parties to industry players;

vi.  Gifts given and received during festivals not on a personal basis, must be shared and distributed to all employees; and

vii. Perishable items (e.g cakes, flowers, fruits) are allowed to be retained in office.