NOTICES ACCOMPANYING THE ELECTRONIC PROSPECTUS/INFORMATION MEMORANDUM/KNOWLEDGE PACK AND E-IPO APPLICATION FORMS FROM THE WEBSITE

Transcription

1 NOTICES ACCOMPANYING THE ELECTRONIC PROSPECTUS/INFORMATION MEMORANDUM/KNOWLEDGE PACK AND E-IPO APPLICATION FORMS FROM THE WEBSITE The person responsible for the issuance, circulation or dissemination of the electronic prospectus/information memorandum/knowledge pack and electronic application form Subject to the terms and conditions, CIMB Investment Bank Berhad ( CIMB IB ) will provide online services and facilities from time to time as more particularly described below ( e-ipo Services ) through an internet website operated and/or maintained by or on behalf of CIMB IB (the Website ) to enable applicants ( Applicants ) to view or download the Electronic Prospectus/Information Memorandum/Knowledge Pack and to make share/etbs applications ( Internet Applications ) in certain issues of, offers for subscription of or invitations to subscribe for securities to be listed on the Bursa Malaysia Securities Berhad) and to which e-ipo Services apply ( e-ipo ). CIMB IB is solely responsible for the contents and the operation of the Website through which the e-ipo Services are provided. Other than the Electronic Prospectus/Information Memorandum/Knowledge Pack and, where applicable, the relevant e-ipo application form, the issuer of the IPO ( Issuer ) or its agents have not, and shall not be deemed to have, authorised and shall not be responsible for the contents and the operation of the same. The Issuer is not responsible to the Applicant in the event that CIMB IB fails to make a valid Internet Application on behalf of the Applicant under any circumstances. CIMB IB shall not have any liability in respect of, is not responsible for, has not authorised and shall not be deemed to have authorised the contents of the Electronic Prospectus/Information Memorandum/Knowledge Pack and, where applicable, the e-ipo application form relating thereto. Availability and Location of paper/printed Prospectus/Information Memorandum/Knowledge Pack Any Applicant in doubt concerning the validity or integrity of an Electronic Prospectus/Information Memorandum/Knowledge Pack should immediately request for a paper/printed copy of the Prospectus/Information Memorandum/Knowledge Pack directly from the Issuer, the Adviser (if applicable, as defined in the Electronic Prospectus/Information Memorandum/Knowledge Pack) or the Issuing House (as defined in the Electronic Prospectus/Information Memorandum/Knowledge Pack). Alternatively, the Applicant may obtain a copy of the Prospectus/Information Memorandum/Knowledge Pack from participating organisations of Bursa Malaysia Securities Berhad, members of the Association of Banks in Malaysia and members of Malaysian Investment Banking Association, or any other location as set out in the respective Prospectus/Information Memorandum/Knowledge Pack. Manual Submission In the event the Applicant wishes to print a hardcopy of the e-ipo application form for manual or postal transmission, such application must comply with specifications set by the Issuing House, in relation to, without limitation, the following matters: a) size, width, length and colour of the envelope within which the e-ipo application form is to be transmitted; and b) the address of the Issuing House to whom the application is to be transmitted. The Applicant should contact the Issuing House for the relevant specifications or alternatively obtain printed copies of such e-ipo application forms and envelopes from the Issuing House. The

2 e-ipo application forms and envelopes can also be obtained by the Applicant from the Adviser (if applicable), the Issuing House, participating organisations of Bursa Malaysia Securities Berhad, members of the Association of Banks in Malaysia and members of the Malaysian Investment Banking Association or any other location as set out in the respective Prospectus/Information Memorandum/Knowledge Pack. Jurisdictional Disclaimer The distribution of the Electronic Prospectus/Information Memorandum/Knowledge Pack and the sale of any part of the IPO shares/etbs are subject to Malaysian law. The Electronic Prospectus/Information Memorandum/Knowledge Pack will not be distributed to any persons outside of Malaysia. CIMB IB and the Issuer take no responsibility for the distribution of the Electronic Prospectus/Information Memorandum/Knowledge Pack and/or the sale of any part of the IPO shares/etbs outside Malaysia, which may be restricted by law in other jurisdictions. The Electronic Prospectus/Information Memorandum/Knowledge Pack and the e-ipo application forms do not constitute and may not be used for the purpose of an offer to purchase or an invitation to buy any IPO shares/etbs offered under the IPO, to any person outside Malaysia or in any jurisdiction in which such offer or invitation is not authorised or lawful or to any person to whom it is unlawful to make such offer or invitation. CIMB IB and the Issuer require investors to inform themselves of, and to observe such restrictions. The Electronic Prospectus/Information Memorandum/Knowledge Pack may not be transmitted, in whole or in part, into the United States and is not an offer of securities for sale in or into the United States, Canada or Japan. The securities may not be offered or sold in the United States ( U.S. ) or to, or for the account or benefit of, U.S persons (as such term is defined in Regulation S under the U.S. Securities Act of 1993, as amended) unless they are registered or exempt from registration. There will be no public offer of securities in the U.S. Accordingly, the Electronic Prospectus/Information Memorandum/Knowledge Pack may not be used for the purpose of and does not constitute an offer for purchase or invitation to buy any part of the IPO shares/etbs in any jurisdiction or in any circumstance in which an offer is not authorized or lawful or to any person to whom it is unlawful to make such offer or invitation. The distribution of the Electronic Prospectus/Information Memorandum/Knowledge Pack and the sale of any part of the IPO shares/etbs in certain jurisdictions may be restricted by law. Close of Application Internet Applications shall close at 5.00pm on the closing date as set out in the Electronic Prospectus/Information Memorandum/Knowledge Pack or such other time as the Issuer, the Offeror (where relevant) and the Managing Underwriter/Underwriter/Lead Manager(s) (where relevant), may in their absolute discretion mutually decide. An Internet Application is deemed to be received only upon its completion, that is, when the Confirmation Screen is displayed on the Website. Applicants are advised to print out and retain a copy of the Confirmation Screen for record purposes. Late Internet Applications will not be accepted. No Internet Application or subscription monies can be accepted once the IPO closes, or where CIMB IB has any reason to believe that the Electronic Prospectus/Information Memorandum/Knowledge Pack or processes for collection and handling of Internet Applications have been tampered with, or (where applicable) duplicate or multiple Internet Applications have been made to the Issuer. The Applicant is not allowed to make an Internet Application for the respective IPO of such Electronic Prospectus/Information Memorandum/Knowledge Pack upon the close of the said application period.

3 The Electronic Prospectus/Information Memorandum/Knowledge Pack made available on the Website after the close of the Internet Application period as described in the Terms & Conditions is made available solely for informational and archiving purposes only and are not intended to provide investment advice of any form or kind, and shall not at any time be relied upon as such. Risks of using the Internet By using the e-ipo Services, the Applicant agrees to assume the risks associated with conducting transactions on the Website and through the internet, including risks of electrical, electronic, technical and computer-related faults and breakdowns, faults with computer software, problems occurring during data transmission, computer security threats such as viruses, hackers and crackers, fires, acts of God and other events beyond the control of CIMB IB, the internet participating financial institution and/or the Issuer which results or may result in (i) interruption, transmission blackout or delayed transmission; and/or (ii) incorrect data transmission due to the public nature of the internet and agrees to bear such risks. If, in any such event, the Issuer, the Issuing House and/or CIMB IB and/or the internet participating financial institution does not receive the Applicant s Internet Application and/or the payment therefor, or in the event that any data relating to the Internet Application or the tape or any other devices containing such data is lost, corrupted, destroyed or otherwise not accessible, whether wholly or partially and for any reason whatsoever, the Applicant shall be deemed not to have made an Internet Application and the Applicant shall have no claim whatsoever against the Issuer, the Issuing House or CIMB IB and the internet participating financial institution in relation to the IPO shares/etbs applied for or for any compensation, loss or damage whatsoever, as a consequence thereof or arising therefrom. The Applicant agrees that neither the Issuer nor CIMB IB shall be liable for any delay, failure or inaccuracy in the recording, storage or transmission or delivery of data relating to the Internet Application to the Issuing House or Bursa Malaysia Depository Sdn Bhd due to any breakdown or failure of transmission, delivery or communication facilities or due to any risks referred to above or to any cause beyond their control. You should be advised that: (i) (ii) CIMB IB is only liable in respect of the integrity of the contents of the Electronic Prospectus/Information Memorandum/Knowledge Pack, to the extent of the content of the Electronic Prospectus/Information Memorandum/Knowledge Pack on our Website which may be viewed via the Applicant s web browser or other relevant software. CIMB IB is not responsible for the integrity of the contents of the Electronic Prospectus/Information Memorandum/Knowledge Pack which has been obtained from other website and subsequently communicated or disseminated in any manner to the Applicant or other parties. While all reasonable measures have been taken to ensure the accuracy and the reliability of the information provided in an Electronic Prospectus/Information Memorandum/Knowledge Pack, the accuracy and reliability of the Electronic Prospectus/Information Memorandum/Knowledge Pack cannot be guaranteed because the internet is not a fully secure medium. CIMB IB is not liable (whether in tort or contract or otherwise) for any loss, damage or costs, the Applicant or any other person may suffer or incur due to, as a consequence of or in connection with any inaccuracies, changes, alterations, deletions or omission in respect of the information provided in the Electronic Prospectus/Information Memorandum/Knowledge Pack which may arise in connection with or as a result of any fault with web browser or other relevant software, any fault on the Applicants or any third party s personal computer, operating system or other software, viruses or other security threats, unauthorized access to information or systems in relation to the website, and/or problems occurring during data

4 transmission which may result in inaccurate or incomplete copies of information being downloaded or displayed on the Applicant s personal computer. Alternative methods of securities application In addition to the Internet Application, the Applicant may also alternatively make applications for IPO shares/etbs through the existing manual, paper-based applications as well as the Electronic Application system which operates via Automated Teller Machines of participating financial institutions or such other medium as may from time to time be permitted by the Securities Commission. The Applicant shall submit only one (1) application for the IPO using one (1) of the methods specified above. The person responsible for the facility for Internet securities application CIMB IB is appointed and authorised to submit an Internet Application to the Issuing House on behalf of the Applicant and in accordance with its instructions. The e-ipo Services are provided to Issuers who issues, offers for subscription or make invitation to subscribe for its securities to be listed or the Bursa Malaysia Securities Berhad.

5 The procedures for withdrawal of securities application made when supplementary Prospectus/Information Memorandum/Knowledge Pack is issued In the event a supplementary prospectus/information memorandum/knowledge pack is issued, the Applicant is entitled to withdrawn his/her Internet Application, within a certain timeframe according to the procedures, as specified in the supplementary prospectus/information memorandum/knowledge pack. Should there be a supplementary prospectus/information memorandum/knowledge pack issued, a notice/advertisement will be published in a widely circulated Bahasa Malaysia and English newspaper. In addition, a written notice together with the supplementary prospectus/information memorandum/knowledge pack will be sent to each Applicant. Other Information Any other information that falls outside of the designated area, comprising the Electronic Prospectus/Information Memorandum/Knowledge Pack and e-ipo application form does not form part of the Electronic Prospectus/Information Memorandum/Knowledge Pack. The IPO shares/etbs are offered solely on the basis of the information contained in the Electronic Prospectus/Information Memorandum/Knowledge Pack. Security of System CIMB IB is committed to protecting the security of the Applicant s personal information. It uses a variety of security technologies and procedures, to help protect the confidentiality and security of an Applicant s personal information provided through the Website, from unauthorised access, use, or disclosure. In addition, CIMB IB has put in place appropriate measures to prevent and minimise risks of unauthorised access and maintain data security it collects online.