Maybank Marketplace (‘Website’) General Terms of Use

Terms of Use

These terms and conditions should be read with other terms and conditions applicable to the use of this Website (eg. terms and conditions for Maybank2U, relevant 3^rd party websites etc.).

By using or accessing Maybank Marketplace, you agree to these terms and conditions and the other terms and conditions applicable to the use of this Website

Definitions

• "Business Partner(s)”, refers to a third party owner and / or operator of a website or other similar e-commerce, online platform (“Business Partner’s / Business Partners’ Website(s)”), which sells consumer goods, products and/or services (“Products”).
• “Facility”, refers to any of the facilities offered by Maybank to you through the Website or any other form of communication, and encompasses, among others, enabling users to find Products available for sale by Business Partner on our Website, to find coupons and promotions that can be redeemed on Business Partner’s Websites, and to view Business Partner’s advertisements on our Website. Our Facility can be provided to you through the Website, through electronic and other modes of communication and by any applications provided by Maybank that can be downloaded from third party application stores.
• “Banking Products” shall refer to the Banking products and/or services which are listed on the Website and made available for any individual to apply, purchase or uses the services.
• “User” or “you”, refers to any individual who visits or uses our Website.

Use

You may use and browse the Website without registering or providing your personal details. However, in order to fully utilise and gain the benefit of the Facility which we make available, you are required to provide the Bank with your personal details if you apply and/or use Banking Products for application processing and/or facilitating the services purposes. By providing your e-mail address and/or mobile number, you agree to receive our newsletters and promotional materials through e-mail and/or Short Messaging System (“SMS”).

Viewing and Purchase of Products

In the course of your use of this Website, you may identify Products which you wish to view further or purchase. By clicking on these Products, you will be redirected to the relevant Business Partner’s website on which that Product is available for sale.

You hereby acknowledge that any transaction or purchase which you conclude with the Business Partner shall be between you and the Business Partner and you acknowledge and agree that Maybank is not responsible or involved in such transaction or purchase in any way.

We reserve the right to change, modify or delete any information relating to the Products, Business Partners, Banking Products or otherwise and to cease providing any part of the Facility at any time without giving any prior notice.

We do not guarantee that our Website or Facility will be free of errors, omissions and faults though we will ensure reasonable measures to maintain accuracy of all data presented. Specifically, we do not guarantee that the Products, coupons and promotions of the Business Partners are at all times up-to-date. We advise you to check prior to making your purchase with the Business Partners.

The content displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Maybank and its Business Partners, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Third Party Links

The Website and/ or the Facility provided may include links to other third party websites, including Business Partner’s Websites. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such third-party websites. Once you leave our Website, these Terms and Conditions no longer govern you and you are advised to check the terms and conditions of Business Partner’s website.

Prohibition

You must not misuse our Website in connection with or for the purpose of criminal or illegal activities. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on our website which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of our service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights, including ours; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout our website. Maybank shall be at liberty to take necessary action against any wrongdoer in this regard, including but not limited to lodging formal reports with relevant authorities.

Provision of the Website, Facility and Right to Remove

By using the Website you accept and agree as follows:

• The Bank does not guarantee uninterrupted use of the Website or Facility, and access to the same may be suspended, restricted or terminated at any point in time, without prior notice.
• The Bank reserves the right to block or suspend you from using our Facility or Website, in whole or part, if you have or are suspected to have used our Facility or Website in violation of these Terms and Conditions.
• The Bank reserves the rights to terminate your use of our Facility or Website, in whole or part, or the use of our Facility or Website to anyone other than you, using our Facility or Website with your permission or under your direction, in violation of these Terms and Conditions if we have reason to believe that you or such person have committed or may commit any breach of these Terms and Conditions.

Limitation of Liability

We are in no way liable for any direct, indirect, punitive, incidental, consequential or any other damages resulting from the use or inability to use the Website or Facility or unauthorized access to or alteration of the user's transmissions or data. All use of this Website or Facility shall be at the user’s own risk.

The user understands and agrees that any material and/or data downloaded or otherwise obtained through our Website is done entirely at their own discretion and risk. The user accepts that they will be solely responsible for any damage to their computers and/ or loss of data resulting from downloading such materials.

The limitation of liability for direct damages will not apply is there is a finding of actionable fault on our part, for such damage, by a competent court of law.

Indemnity

You agree to indemnify, defend, hold harmless Maybank, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Website or your breach of these Terms and Conditions.

Trademarks and Copyrights

All intellectual property rights, whether registered or unregistered, on the Website, information content on the website and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property to the extent that we are the proprietor or have the legal right to use, whether by licence or otherwise, such content. The entire contents of the Website also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

You agree not to republish the contents of our Website on any other platform, including other websites.

The Bank do not knowingly violate or permit others to violate the copyrights or trademarks of others.

All other trademarks, product names, company names, logos, and/or service marks mentioned, displayed, cited or otherwise indicated within this Website and/ or the Facility are generated, provided or posted by the respective Merchants, which we do not have control over and we claim no responsibility for such content generated.

If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Website and/ or the Facility or has been otherwise copied and made available on this Website and/ or the Facility in a manner that constitute intellectual property rights infringement, you should liaise with the relevant Merchants directly for such infringement issue and inform us of the same. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

Modification and Severability

The Bank reserves the right to update or modify our Website and/ or the Facility, policies and these Terms and Conditions at any time. These changes will be effective as of the date we post the revised version on this Website and/ or the Facility. Your continued use of this Website and/ or the Facility constitutes your agreement to be bound by the revised Terms and Conditions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Personal Data Protection

Please see The Bank’s Privacy Policy, which forms a part of these terms and conditions.

Force Majeure

The Bank shall not be liable to you for any breach, hindrance, failure or delay in providing the full functionality of the Website where this arises as a result of any act or omission which is beyond our reasonable control, including without limitation natural disasters, strikes, lock-outs or other industrial action, political instability, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

Governing Law

These Terms and Conditions shall be governed and construed in accordance with Malaysian Law. Both The Bank and you hereby submit to the jurisdiction of the Malaysian Courts for the resolution of any disputes. All dealings, correspondence and contact between us and you shall be made or conducted in the English language.