AGREEMENT FOR KIB KENANGA AGENCY NETWORK SERVICE

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1 Kenanga Investors Berhad (Co. No P) Suite 12.02, 12th Floor Kenanga International Jalan Sultan Ismail Kuala Lumpur Tel No. : Fax No. : Toll Free: AGREEMENT FOR KIB KENANGA AGENCY NETWORK SERVICE This Agreement is made this (day) of (month) (year) Between Kenanga Investors Berhad (Co. No P), a Company incorporated in Malaysia and having its principal business office at Suite 12.02, 12th Floor, Kenanga International, Jalan Sultan Ismail, Kuala Lumpur (hereinafter called KIB ) and NRIC No. of (hereinafter referred to as "the User"). WHEREAS Kenanga Investors Berhad is providing the Kenanga Agency Network Service ( the Service ) to the User on the Internet for the purpose of facilitating business processes. The use of this service is governed by the following terms and conditions. OPERATIVE PROVISIONS: - 1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE The Service is owned and operated by KIB and provided to the User subject to the terms and conditions of this Agreement and any operating rules and/or policies that may be published by KIB, which shall constitute the entire agreement between User and AIMS in relation to the service. 2. DESCRIPTION OF SERVICE The Service will enable the User to receive electronic information on his internet accounts, instructions from KIB and/or subsequent enhanced facilities under the service via the World Wide Web and on KIB s own system, which has to be applied and paid for by the User. 3. ACCESS TO THE SERVICE In order to gain access to the service, the User shall, at his own cost :- (1) register on line; (2) register with and purchase a Smart Card from DigiCert Sdn. Bhd, which is KIB s authorized authentication service provider for the said Service, and pay any service fees and/or other charges as required by DigiCert Sdn. Bhd; (3) secure all equipment, including a computer, modem or any web devices, as may be necessary to establish a connection to the World Wide Web; (4) secure access to the World Wide Web and pay any service fees and/or other charges associated with such access from an authorized web access provider.

2 4. MODIFICATIONS TO TERMS OF SERVICE KIB may change the terms and conditions of this Agreement without prior notice to the User. Any change in the terms and conditions herein, will be posted as a general broadcast prior to the User s subsequent logon for use of the Service for a period of one month from the effective date of such change. The User shall be automatically bound by any amendments to the terms and conditions herein. 5. MODIFICATIONS AND/OR DISCONTINUANCE OF SERVICE KIB reserves the right to modify and/or discontinue the Service without prior notice to the User. KIB shall not be liable to the User and/or any third party should KIB exercise its right to modify or discontinue the Service. 6. CONFIDENTIALITY AND PRIVACY POLICY KIB shall not release any information concerning the User s account under the Service to another user at anytime without prior written permission of the User, which shall not be unreasonably witheld. At anytime during or subsequent to this Agreement, the User shall not disclose to any third party any private information concerning the Company and its business coming to the knowledge of the User as a result of the Service, nor use such information for his own benefit or for the benefit of any third party. 7. TECHNICAL PROCESSING COSTS The User acknowledges and agrees that certain technical processing of electronic facility and their contents may be required to: (1) send and receive information; (2) conform to connecting networks' technical requirements to the Service; and (3) conform to the limitations of the Service. and hereby agrees to bear all such costs incurred in connection with the usage of the Service, as may be notified by KIB from time to time. 8. USER ACCOUNT, PASSWORD, AND SECURITY The User is entirely responsible for maintaining the confidentiality of the User s password for the Service and other confidential information and shall not under any circumstances, disclose, reveal, make known or divulge such information to anyone. Furthermore, the User shall be entirely responsible for any or all activities that occur under his account under the Service. The User may change his password for the Service at any time or before the expiry date for effecting such change, by following instructions as may be provided by KIB. The User agrees to immediately notify KIB of any unauthorized use of the User s account and/or any other breach of security that comes to the User s knowledge. 9. DISCLAIMER OF WARRANTIES THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KIB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF

3 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH RESPECT TO THE SAID SERVICE. KIB DOES NOT WARRANT THAT THE SERVICE WILL MEET THE USER S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES KIB MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IF ANY, IN THE SERVICE WILL BE CORRECTED IMMEDIATELY. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE AND/OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM KIB OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 10. LIMITATION OF LIABILITY KIB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE AND/OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND/OR RESULTING FROM ANY SERVICES PURCHASED AND/OR OBTAINED OR MESSAGES RECEIVED AND/OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND/OR RESULTING FROM UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS, USE, DATA OR OTHER INTANGIBLES, EVEN IF KIB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE USER ACKNOWLEDGES AND AGREES THAT KIB NEITHER ENDORSES THE CONTENTS OF ANY OF THE USER S COMMUNICATIONS NOR ASSUMES ANY ESPONSIBILITY WHATSOEVER FOR ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED THEREIN, ANY INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM AND/OR ANY CRIME FACILITATED THEREBY. 11. NO RESALE OR COMMERCIAL USE OF THE SERVICE The User's right to use the Service is personal to the User. The User agrees not to resell and/or make any commercial use of the Service except as authorised by KIB, without the prior express consent in writing of KIB. 12. ELECTRONIC FACILITY MESSAGE STORAGE AND OTHER LIMITATIONS KIB assumes no responsibility for the deletion or failure to store electronic facility messages that the User may experience. KIB has set no fixed limit on the frequency of the User s access to the Service; however, KIB retains the right and sole discretion, to terminate the Service at any time without prior notice to the User. 13. USER S CONDUCT

4 The User is solely responsible for the contents of his transmissions through the Service. Transmissions shall include, but is not limited to; s, New Business On-line Submissions and/or any other forms of submissions which requires the User to provide detailed information and/or description of the User and/or policyholder. The User's use of the Service is subject to all applicable local, state and national laws, regulations, policies and procedures. The User agrees: (1) to comply with applicable Malaysian law regarding the transmission of information through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures drawn up by KIB in connection with the Service. (5) Not to use the Service for chain letters, junk mail, illegal software copying and distribution, soliciting, spamming and/or distribute any information under the Service to any person who has no specific permission to have access to the same. (6) Not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene and/or otherwise objectionable material of any kind or nature. (7) Not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The User shall not attempt to gain unauthorized access to other computer systems through the Service. (8) Not to interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. KIB may, at its sole discretion, immediately and without notice to the User, terminate the Service should User's conduct fail to conform with aforesaid provisions. 14. INDEMNIFICATION User agrees to indemnify and hold KIB harmless from any claim or demand, including solicitors fees, on a solicitor-client basis, made by any third party due to or arising out of the User's use of the Service and/or, the violation of this Agreement by the User, or the infringement by the User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity. 15. TERMINATION KIB may terminate the Service immediately and without prior notice to the User at any time. Should the User object to any terms and conditions of this Agreement or any subsequent amendments thereto or become dissatisfied with the Service in any way, the User's only recourse is to terminate this Agreement by giving KIB 14 days written notice. Upon termination of the Service by either party, the User's right to use the Service shall cease immediately and KIB will have no further obligations to the User with regards to the Service. 16. NOTICE Any notice, request or demand required or permitted to be made or given under this Agreement shall be given or and sufficiently made if addressed to the party and sent by registered post to the last known business address of the party. Alternatively, KIB may elect to broadcast notices to the User through the Service and such broadcasts shall constitute sufficient notice to the User. 17. PROPRIETARY RIGHTS TO CONTENT

5 The User acknowledges that contents, including but not limited to text, software, music, sound, photographs, video, graphics and/or other material contained in either electronic facility distributed or commercially produced information presented to the User by the Service ( Content ) by KIB is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws; therefore, the User is only permitted to use this Content as expressly authorized by the Service. The User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by KIB. 18. LAW This Agreement shall be governed by and construed in accordance with the laws of Malaysia. The User and KIB irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Malaysia. 19. OTHER PROVISIONS If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. KIB s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by KIB in writing. The Section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement shall be binding on the successors in-title, assigns and/or persons deriving title under the parties to this Agreement. The User shall not assign this agreement without the prior written approval of KIB. Signed by ) For and on behalf of ) KIB ) in the presence of ) Signed by the User in ) the presence of )