These are the terms and conditions governing OCBC Al-Amin Bank Berhad's depository, investment and current accounts and the services specified hereunder. Please click HERE to view the Bahasa Malaysia version. - posted on
29 May 2015
Part 1 shall apply to both the Accounts and the Services unless specified otherwise.
(a) "Account" means the Customer's deposit or current account(s) with the Bank. The relevant account opening form will state whether the Account is eligible for protection by Perbadanan Insurans Deposit Malaysia ("PIDM") or not insured by PIDM.
(b) "ATM" means an automated teller machine of the Bank and may include other ATMs.
(c) "Authorised User" means the person or persons for the time being authorised in writing by the Customer to operate any or all the Accounts and/or to use the Services.
(d) "Bank" means OCBC Al-Amin Bank Berhad and includes its successors-in-title and assigns.
(e) "Business Day" means a day on which the Bank or any of its branches is open for business.
(f) "Card" means the card or any other electronic or computerised device/token issued to the Customer and if permitted by the Bank, to an Authorised User.
(g) "Customer" means the person who is a customer of the Bank and its successors-in-title.
(h) "Electronic Terminal" means the electronic machines or terminals and includes ATMs, Quick Deposit Machines, ATM Cash-In.
(i) "Electronic Services" means the electronic services as set out in Part 3A and 3B and includes other electronic, telemetric, digital, visual, video or other new services made available from time to time.
(j) "Force Majeure" means any cause beyond the reasonable control of the Bank, including without limitation, failure, or disruption of any mechanical or electronic device, data processing system or transmission line, utilities or communication systems, sabotage, fire, flood, earthquake, explosion, acts of God, strikes, industrial dispute, riots, act of terrorism or war or any monetary or exchange control restrictions.
(k) "PIN" means the Customer's personal identification number issued for use in the ATM and "TPIN" is his personal identification number for use through the telephone or other electronic means.
(l) "Security Codes" means the security codes (including password, PIN, TPIN, encoded electronic strip, chip or digital certificate) to operate the Account and access the Electronic Services.
(m) "Services" means the services and the Electronic Services and includes any other additional or new services made available by the Bank.
(n) "Terms & Conditions" means these terms and conditions and shall include any variations, amendments and supplements made to the same by the Bank.
(a) Words which refer to the singular shall include the plural and vice versa. Words which refer to the masculine gender shall include the feminine and neuter gender and vice versa.
(b) Reference to time of a day shall be construed as reference to Malaysian time.
(c) Reference to any law includes any amendments to the law.
(d) Where there are two or more persons comprised in the term "the Customer":-
(i) all instructions, agreements and obligations shall be deemed to have been issued by and binding upon such persons jointly and severally and the Bank may act on such notices or instructions without enquiry; and
(ii) any notice given by the Bank to any one of such persons shall be sufficient notice to all the accountholders.
2. ACCOUNT OPENING & SUBSCRIPTION OF SERVICES
2.1 The Accounts and the Services will be available to individual persons, sole proprietorships, partnerships, limited liability partnerships, companies, societies, statutory bodies and such other entities whose application for Accounts and/or Services is accepted by the Bank.
2.2 The applicant will complete the application forms and submit supporting documents required by the Bank. The Bank may refuse an application without assigning any reason. The Bank may conduct credit checks, collect and verify information given by the Customer with the relevant registrars, credit bureaus and credit reporting agencies The Customer consents to disclosure by credit reporting agencies of his credit report and information to the Bank for the purpose of applying for the Account and Services and for the Bank's risk management and review. The Bank may but is not obliged to convey the Customer's consent and the purpose of such disclosure to the credit reporting agencies.
2.3 Muslim Customers are responsible to ensure that their conduct of account is in accordance with the principles of Shariah.
3.1 All notices given by the Customer to the Bank must be sent to the branch where the Account is maintained. Such notices are delivered when the Bank has acknowledged receipt of such notice.
3.2 The Bank may rely upon and act on the Customer's instructions, whether given by telephone, post, facsimile transmissions or other electronic means. The Bank may also act on any instruction or notice from the Customer if it bears signature(s) which appears to the Bank, by reference to the name and signature filed with the Bank, to be the signatures of:-
(a) the Customer; or
(b) any of the persons authorised by the Customer to issue any notice or instructions.
The Bank may do so without enquiry as to the identity of the person giving such communication or as to the authenticity. The risks of such communication being given by unauthorised persons, any error, loss or delay resulting from such unauthorised communication are entirely the risk of the Customer. The Customer shall indemnify the Bank against all losses, damages, claims, and costs which the Bank may incur or suffer in acting on such communication. The Bank will only carry out instructions in accordance with its established and regular business practices, procedures and policies and may decline any instructions without liability to the Customer
3.3 Instructions to change mandate will be effected by the Bank at least three (3) Business Days (or any other time period set by the Bank) after the receipt of the instruction.
3.4 The Bank may record all telephone conversations, Islamic transactions and instructions and may use such recordings and transcripts as evidence in any dispute.
4. NOTICES FROM THE BANK
4.1 The Bank may give any communication or notice to the Customer by post, by notification in the mass media, posting the notice in the Bank's branches, inserting the notice into the statement of account, electronic transmission (including via facsimile, mobile phones, other devices or the internet) or by posting at the Bank's website or at the ATM or other terminals of the Bank.
4.2 Such notices or communications from the Bank :
(a) if sent by post or despatch or courier addressed to the Customer at his address registered with the Bank is deemed served on the Customer :
(i) within three (3) days after posting if the Customer's address is in Malaysia and within five (5) days after posting if his address is outside Malaysia; or
(ii) on the same day that it is left at the address of the Customer, if despatched by courier; or
(b) if transmitted to such facsimile number, mobile phone/device number, email of the Customer registered with the Bank, is deemed served on Customer immediately upon transmission; or
(c) if posted in the branch, at the Bank's website or in the mass media, such notice is deemed to have been made on the date stipulated in the notice and if no date is stated, on the date of posting or publication.
5.1 Deposits and withdrawals must comply with the Bank's requirements, including on minimum deposits, withdrawals and minimum balances to be maintained in the Accounts. Withdrawals may be paid by cash, banker's cheque/draft and/or other forms of remittances.
5.2 The Customer is to check that the particulars of such transactions (where such particulars are furnished to the Customer upon completion of such transaction) are correct. If there is any error, the Customer shall immediately report it to the Bank.
5.3 In the case of telegraphic/mail/electronic transfer in foreign currency into the Account, the Bank reserves the right to decide the rate of conversion of the foreign currency into Ringgit Malaysia.
5.4 Where the Customer uses postal (including prepaid envelopes) or courier services to deliver any cheques or documents to the Bank, the Customer bears the risk of their delay or loss.
5.5 Outport cheques, money and postal orders may be received for collection but the proceeds will only be credited to or drawn from the Account, after receipt of payment by the Bank, unless the Customer has made prior arrangement with the Bank. The Bank may reject cheques or any other monetary instruments which the Bank considers are irregular or have been altered notwithstanding that the alteration or irregularity may have been countersigned by the drawer. The Bank may reverse payment of any monies which are not intended for the Account.
5.6 All cheque books/cheque leaves should be kept in safe custody. The Customer shall notify the Bank immediately if any of the above is lost or of any unauthorised cheques when they became aware. The Bank shall not be responsible for any loss by fraudulent or unauthorised drawings on the Account.
5.7 Cheques and negotiable instruments which have been dishonoured may be collected by the Customer or returned by post to the Customer at the Customer's own risk and expense.
5.8 The Bank may refuse to accept any deposits or permit any withdrawals whenever there is a breakdown or failure in the on-line computer system affecting any branch/branches of the Bank.
6. LIMITS ON TRANSACTIONS
6.1 All interbranch cash withdrawals can only be made at the Bank's branches within Malaysia subject to such conditions as the Bank may deem necessary.
6.2 The Bank may impose any limit on usage or operation of any of the Services or Accounts. The Customer may vary the limits by notifying the Bank. The Bank has no duty to ensure that the Customer does not exceed such limits.
7. SUFFICIENT FUNDS
The Customer shall ensure that there are sufficient cleared funds in the Account to perform his transactions unless the Customer has made prior arrangements with the Bank.
8. JOINT ACCOUNTHOLDERS
8.1 The holders of a joint account shall be jointly entitled to any deposit, investment or credit balance in the Account (whether a savings, investment, current or other accounts). Each of the joint accountholders authorises the Bank to collect and credit to the joint account any cheques payable to any one of the joint accountholders or to two or more of them jointly. The Bank need not concern itself with the application of such funds.
8.2 Upon notice of death of any one or more of the joint accountholders, the Bank shall be entitled to pay the deposit, credit balance or investment, as the case may be, to the survivor and if more than one survivor in their joint names. The Bank is authorised to set off the indebtedness of any of the joint accountholders under any account with the Bank. The Bank may permit the surviving accountholder(s) to continue to operate the Account subject to the terms and conditions.
8.3 All instructions relating to the Account shall be given in writing (or by any other means permitted by the Bank) by all joint accountholders. All joint accountholders shall be jointly and severally liable for all transactions arising from such instructions. If the Bank receives contradictory instructions, the Bank may choose to act only on the mandate of all the joint accountholders.
9. UNINCORPOTAED PARTNERSHIP ACCOUNTS
Where the Customer is an unincorporated partnership, all the partners shall be jointly and severally responsible to the Bank for all monies and liabilities incurred by all or any one of the partners to the Bank. Upon the death, bankruptcy or retirement of any partner, the Bank may treat the continuing or surviving partners as having full authority to operate the Account or use the Services .The Bank shall have no liability in accepting any instructions from the remaining partners.
10.1 Profit, if any, shall be paid by the Bank at such frequency and at the rate determined by the Bank.
10.2 No profit shall be payable by the Bank in respect of unpaid items and the Bank shall have the right to adjust any profit which has been accrued or credited in respect of these items.
10.3 Profit on investment account shall cease on due date.
11. FEES, CHARGES & TAXES
(a) costs, fees, bank charges, service charges, commissions, stamp duty on the transactions and the Services at such rates as may be applicable from time to time;
(b) any value added tax, goods and services tax, withholding or other taxes, levies or charges on any transactions or the Services or on any amount or profit due to the Customer ; and
(c) any legal fees and costs (on a solicitors and own client basis) incurred by the Bank for any interpleader, recovery or any other proceedings.
Where the Account has insufficient funds to meet the fees, charges and taxes set out above, such sums shall be due and owing from the Customer.
11.2 The fees and charges are available from the Bank's branches, website or any other delivery channel of the Bank. The Bank may vary such fees and charges with prior notice.
12. CLOSING OF ACCOUNTS & TERMINATION OF THE SERVICES
12.1 Dormant Account: If no transactions are carried out on any of the Account within the period specified by the Bank, the Bank may consider that Account dormant and may impose a charge or fee on that Account and close that Account with prior notice to the Customer. In the event the credit balance in the Account is remitted to the Registrar of Unclaimed Moneys pursuant the Unclaimed Monies Act 1965, the Account will then be closed.
12.2 The Bank may close the Account or withdraw, suspend or terminate any or all of the Services with prior notice to the Customer (whether written or otherwise) and without assigning any reason thereof
12.3 The Bank may close any of the Account or the Services:-
(a) in the event of Shariah non-compliance;
(b) if the Bank believes or suspects that the Account is used for money laundering or other fraudulent or illegal schemes or in breach of any guidelines or rules issued by Bank Negara Malaysia or any other authority;
(c) if the Bank in good faith doubts the authority or authenticity of any instructions;
(d) if there are changes in the name, constitution, composition or dissolution of the Customer due to retirement, resignation, incapacity, bankruptcy, winding-up, insolvency or otherwise; or
(e) if there is a dispute in relation to any of the Accounts.
12.4 The Customer may terminate the Account or suspend or terminate the utilisation of any of the Services by giving written notice to the Bank. The Bank may also close the Account or suspend or terminate any or all of the Services by giving notice to the Customer. Upon closure of the Account, all unused cheque book/leafs shall be returned to the Bank.
12.5 The Bank may impose a service charge if any Account is closed within three months (or such other period as may be stipulated by the Bank) from the date the Account was opened.
12.6 The Bank's liability in respect of any credit balance in the Account shall be discharged by sending to the Customer at his/her last known address registered with the Bank, a banker's cheque/draft for the credit balance made out in the Customer's name.
13. STATEMENTS OR RECORDS OF ACCOUNTS
13.1 For statement-based accounts, a statement shall be rendered once a month or at such other intervals as may be determined by the Bank. The Bank may send a statement of account for each of the Accounts or send a combined statement for all the Accounts. The combination of the types of accounts in the statement is subject to change.
13.2 The Bank's records of the transactions for the Account shall be conclusive and binding on the Customer in the absence of manifest error. Transactions which have not been verified by the Bank will not appear in the statement and shall not be conclusive of the state of the Account.
13.3 The Customer shall verify all entries in any statements or records issued by the Bank and notify the Bank in writing (or by any other means permitted by the Bank) of any error or discrepancies in the statement or record within 14 days (or such other period as may be determined by the Bank) from date of the statement or record. If the Bank does not receive any notification within the stipulated time, the entries in the statement or record shall be deemed to be correct, conclusive and binding on the Customer. The Bank may reverse any incorrect or mistaken entry notwithstanding such acceptance by the Customer.
13.4 If the Customer disputes any entry within the stipulated period, the Bank shall look into the relevant Account to make the necessary adjustments and rectifications if any.
14. SUSPENSE ACCOUNT
If the Customer is indebted to the Bank under any other account, the Bank may credit monies received or recovered from the Customer to the credit of a separate account to preserve the Customer's liability in legal proceedings or to prove in his bankruptcy or winding-up.
15. SET-OFF & CONSOLIDATION
The Bank may with prior notice, combine and consolidate all or any of the Accounts and set-off or transfer credit balance in any such Account including joint accounts in or towards discharge of all sums due to the Bank from the Customer. Where the sums are in different currencies, the Bank may make the necessary conversion at the Bank's prevailing exchange rates. The Bank may with prior notice transfer the credit balance in any Account towards discharge of all or any sums due under any account of the Customer with any member of OCBC Group.
The Customer shall indemnify the Bank against any claims, proceedings, loss, damage and costs (including legal costs as between solicitor and own client) incurred by the Bank arising from acting on the Customer's instruction or as a result of any act, omission or breach of any of these Terms and Conditions by the Customer. The liabilities of the Customer will survive the termination of the banker and customer relationship.
17. LIMITATION OF LIABILITY
17.1 The Bank shall not be responsible for any loss suffered by the Customer in connection with items banked in which have been lost, destroyed or delayed in the process of clearing.
17.2 The Bank shall not be liable to the Customer or any third party for any damages (direct or consequential), loss of profits or earnings or goodwill even if the Bank had been advised of the possibility of such loss, damage or claim by any party. The Bank's sole and entire liability to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise shall not exceed the amount of the transaction which gave rise to the claim or the direct damages sustained, whichever is the lower.
17.3 Each of the provisions in Clause 17 is to be construed as a separate limitation surviving the termination of the Account or the Services.
17.4 INCENTIVES AND BENEFITS ARISING FROM THE BANK'S TIE-UPS WITH BUSINESS PARTNERS
Any arrangements between the Bank with its business partners to provide incentives and benefits to the Bank's customers are subject to the Bank's terms and conditions. The Bank and its business partners shall not be liable for any claims arising from harm or dissatisfaction from their use or misuse.
18. FORCE MAJEURE
18.1 The Bank shall not be liable to the Customer or any third party for any inconvenience, injury, expense, liability, damages, loss of profits, earnings or goodwill if any of the events below is caused by Force Majeure;
(a) in the event the Bank is unable to perform any of its obligations hereunder or to provide any of the Services; or
(b) if funds credited or debited from the Account becomes inaccessible or diminish in value.
18.2 Where any currency in which the Bank must make payment becomes unavailable due to restrictions on convertibility or transferability or Force Majeure, the Bank may make payment in such other currency at the exchange rate determined by the Bank.
19.1 Subject to the Customer's express instruction (if any) restricting disclosure, the Customer irrevocably consents to and authorises the Bank and its officers to disclose the Customer's personal data, account details and relationship with the Bank, to the following classes of persons:-
19.2 The Customer, if an individual or unincorporated entity
19.3 The Customer, if a company or statutory body or unincorporated entity, warrants and represents to the Bank that it had obtained consent from its directors, relevant managers, officers, office bearers, partners and shareholders:
20. TERMS AND CONDITIONS
20.1 These Terms and Conditions supercede all prior terms and conditions governing the Account or the Services. The Bank may amend or supercede these Terms and Conditions or introduce new terms for additional features or new products or services by giving notice to the Customer. Such change will apply on the effective date specified in the notice and if no date is specified in the notice, on the date of posting of such notice. If any of these Terms and Conditions conflict with the terms and conditions in the application form, the latter will prevail.
20.2 If the Customer continues to operate the Account or use the Services or use the additional features, new products or services, the Customer is deemed to have accepted such changes.
20.3 These Terms and Conditions are printed in English and any other language determined by the Bank. These Terms and Conditions is available on request from any branch of the Bank or from the Bank's website or through any delivery channel as the Bank may determine from time to time.
21. BUSINESS DAYS & HOURS
21.1 The Business Days, hours of the Bank and the availability of the Services may be extended, varied in accordance with the Bank's business and operational requirements. Profit rates, exchange rates, and product information quoted in Bank's website or other media is for indication purposes only. The actual rate or price that shall apply can only be determined at the time the transaction is entered into.
22. WARRANTY ON SOURCE OF DEPOSIT(S) AND FOREIGN ACCOUNT COMPLIANCE ACT OF THE UNITED STATES ("FATCA")
22.1 The Accounts and Services shall not be used as channels for money laundering and the Customer shall immediately notify the Bank if the Customer suspects that the funds credited into the Account are from unlawful activities. The Customer shall at all times comply with all laws and regulations (including the foreign exchange administration laws and regulations, the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 and tax laws) of the jurisdiction, binding upon or applicable to the Customer.
22.2 For the Bank's compliance with any taxation related law, regulations or authorities' directions or orders, including those related to the Foreign Account Tax Compliance Act of the United States, (collectively, “Tax Laws”) the Customer:
23. SEVERABILITY AND WAIVER
If any Term and Condition is found to be illegal, invalid, prohibited, unenforceable or inconsistent in any respect under the law or Shariah principles, it shall be ineffective. The remaining Terms and Conditions shall not be affected. Any waiver or indulgence granted shall not prevent the Bank from enforcing the same or other rights or require the Bank to grant further indulgence. The rights and remedies provided by law are not excluded by these Terms and Conditions.
24. GOVERNING LAW
These Terms and Conditions shall be governed by the laws of Malaysia. The Bank may commence proceedings against the Customer in Malaysia or elsewhere, irrespective of the Customer's place of residence or business or the place where the Account is maintained.
25. SUCCESSORS BOUND
These Terms and Conditions shall be binding upon the heirs, personal representatives and successors-in-title of the Customer and the successors-in-title and assigns of the Bank. The Customer shall not assign any of its rights and interest to the Accounts or the Services. The obligations and liabilities of the Customer shall continue notwithstanding any change by amalgamation, reconstruction or otherwise in the constitution of the Bank.
1. CURRENT ACCOUNT-i /CHEQUEING
1.1 Cheques shall not be drawn on the Bank except on forms supplied for the Accounts.
1.2 No alterations whatsoever shall be made on cheques. The Bank reserves the right to dishonour and return cheques which bear any alteration (whether or not countersigned by the drawer),is mutilated, illegible or has technical errors, eg post-dated cheque, inconsistent words and figures.
1.3 The Customer shall not use pencils or erasable ink pens to complete cheques. The Customer owes a duty to the Bank not to facilitate fraud or forgery. The Bank shall not be liable to the Customer for any loss suffered by the Customer arising from the Customer's negligence or disregard of the precautions in handling cheques. The above precautions are not exhaustive and Customer shall exercise care and caution in handling cheques and operating the Accounts.
1.4 No overdrawing is allowed unless the Customer has made prior arrangement with the Bank. Charges (if any) or by any other means permitted by Bank Negara Malaysia on overdrawn Current Account shall be paid on demand.
1.5 The Bank reserves the right to dishonour any cheques issued by the Customer if there are insufficient funds in the Customer's Account ("Bad Cheque").The Bank may close or impose restrictions/conditions on all or any of the Accounts if not conducted satisfactorily or has been listed with the Dishonoured Cheques Information System (DCHEQS) or with any credit bureau or any organisation or corporation.
2. SAVINGS ACCOUNT-i (Applicable to Individuals only)
2.1 YOUNG SAVINGS ACCOUNT-I
The Bank may impose restriction on the number of times or amount that can be withdrawn in a calendar month or year. The Bank may convert the Account to an appropriate product when the accountholder or its beneficiary exceeds the age set by the Bank for young savers account.
2.2 SAVINGS PLAN
The Customer shall maintain the minimum balance for the minimum duration specified by the Bank and comply with other conditions of the savings plan. If the Account is closed before expiry of the minimum duration or the minimum balance is not maintained, the Bank may deduct a percentage of the profit already paid from the account balance.
2.3 SAVINGS ACCOUNT-i AND CURRENT ACCOUNT-i
(a) The Bank may accept the sum of money deposited and any sum of moneys to be subsequently deposited into the Account based on the Shariah principle of Wadi'ah Yad Dhamanah.
(b) Under the concept of Wadi'ah Yad Dhamanah, the Bank accepts from the Customer who is looking for safe custody of their funds and guarantees payment of the whole sum or any part thereof standing to the credit of the Account when demanded.
(c) The Customer shall give his consent to the Bank to utilise wholly or any part of monies standing to the credit of the Account in the manner that the Bank shall deem fit according to Shariah principles.
3. GENERAL INVESTMENT ACCOUNT-i
3.1 MUDHARABAH GENERAL INVESTMENT ACCOUNT-i - PROFIT SHARING RATIO
(a) This product is based on the Shariah principle of Mudharabah. It is a contract between two parties, where the Customer (owner of capital) places a specified sum of money with the Bank (the entrepreneur) for a stipulated period of time based on an agreed predetermined profit sharing ratio. The profit will be distributed between the Customer and the Bank in an agreed predetermined ratio and any loss shall be solely borne by the Customer. The Bank shall be entitled to vary the profit sharing ratios in respect of any investments from time to time by giving prior notice to its customers.
(b) Investments which are withdrawn before the completion of three (3) months shall not be entitled to any profits. Withdrawals made after placement of three (3) months or more but before maturity, a portion of the eligible profit may be paid to the Customer based on the completed number of months invested with the Bank.
(c) If the maturity date falls on a non-Business Day, any disposal instructions by the Customer will be carried out on the next Business Day. Automatic renewal instructions will be carried out on the maturity date.
(d) In the event the account for crediting the principal and/or profit of the General Investment Account-i on maturity date is closed, the amount to be credited will be renewed as a General Investment Account-i for the same tenure, if instructions are not received from the Customer before the maturity date.
3.2 COMMODITY MURABAHAH GENERAL INVESTMENT ACCOUNT-i
(a) This product is based on the Shariah principle of Tawarruq concept. The Customer appoints the Bank as the agent to acquire commodity ("Acquisition by Agent-Bank") at the Customer's Purchase Price (Principal Amount), and authorises the Bank to execute transactions for and on behalf of the Customer. Wa'd: the Bank undertakes that on Acquisition by Agent-Bank, the Bank will purchase the commodity from the Customer at the Bank's Purchase Price (Principal plus Profit) payable on deferred term at the end of maturity date ("Tenure").
(b) The commodity will be Crude Palm Oil ("CPO") or such other Shariah compliant commodity as the Customer and the Bank may agree. The Customer hereby acknowledges that the Bank shall have no liability whatsoever to the Customer if the Acquisition by Agent-Bank could not proceed on the proposed date due to trading of the commodity is not available for whatever reasons including non-availability of any trading limit(s). If the Acquisition by Agent-Bank does not occur on the proposed date, then the Bank may at its sole discretion perform the Acquisition by Agent-Bank at the immediately subsequent day where the trading of the commodity is available.
(c) The Bank is under no obligation whatsoever to effect any purchase of commodity until and unless the Customer's Purchase Price has been paid to the Bank for the Acquisition by Agent-Bank in clear and transferable fund, such fund may be debited or transferred from a Current Account-i or such other account(s) maintained with the Bank (collectively, "Account(s)") or with other financial institution or any other manner as agreed by the Bank. The Customer hereby authorises the Bank to debit the Customer's Purchase Price from the Account(s). On Acquisition by Agent-Bank, the ownership of the commodity immediately passes to the Customer.
(d) The Customer and the Bank acknowledge that the commodity comprised in an Acquisition by Agent-Bank shall be capable of physical delivery. The Customer may request physical delivery of the commodity provided that the Bank has received such request at the time it receives the Customer's instruction for Acquisition by Agent-Bank, and the Bank has received payment for the Customer's Purchase Price. If the Bank does not receive payment for or instructions for physical delivery of the commodity, the Bank is expressly authorised by the Customer to dispose of the commodity at such time and in such manner as the Bank may decide and the Customer shall pay the Bank all losses, damage, costs and expenses incurred or sustained by the Bank as a result of the purchase of commodity under any Acquisition by Agent-Bank as agent of the Customer or as a result of the Customer's failure to comply with the Customer's obligations to effect the payment of the commodity to the supplier.
(e) Subject to this Clause 3.2(e), the Bank shall pay the Bank's Purchase Price in full to the Customer at the end of the Tenure. Subject to the provisions of Shariah, the Customer may, at any time during the Tenure request early settlement of the Bank's Purchase Price. In such event, in consideration of the Bank's agreement to make an early settlement of the Bank's Purchase Price, the Customer agrees to grant a rebate (ibra') on the Bank's Purchase Price which shall be calculated as follows:
(i) If the early settlement is on or prior to the completion of three (3) months (or such other period as may be notified to the Customer by the Bank) from the time of payment of Customer's Purchase Price:
The rebate to be equivalent to the difference between the Bank's Purchase Price and Customer's Purchase Price;
(ii) If the early settlement is after three (3) months or more (or such other period as may be notified to the Customer by the Bank) from the time of payment of Customer's Purchase Price:
For business and corporate banking Customer, the rebate shall be calculated based on the formula below:
Profit Rate x Customer's Purchase Price x D/N
For early settlement, the Customer shall also pay for all holding, handling and brokerage fees (collectively, "Charges") actually charged by any third party broker for sale and purchase of commodity pursuant to the commodity murabahah. The Bank shall be entitled to deduct the Charges from the Bank's Purchase Price before paying the balance to the Customer.
For consumer banking Customer, the rebate shall be calculated based on the formula below:
Bank's Purchase Price - ((P x 50%) / 100 x Customer's Purchase Price x D / N) + Customer's Purchase Price
(f) For early settlement (other than by consumer banking Customer), the Customer shall also pay for all holding, handling and brokerage fees (collectively, “Charges”) actually charged by any third party broker for sale and purchase of commodity pursuant to the commodity murabahah. The Bank shall be entitled to deduct the Charges from the Bank's Purchase Price before paying the balance to the Customer.
4. FOREIGN CURRENCY ACCOUNT-i
4.1 GENERAL TERMS FOR THE FOREIGN CURRENCY ACCOUNT-i
(a) The terms and conditions under this Clause 4.1 are specifically applicable for both Wadi‘ah Foreign Currency Call Account-i (WFCCA-i) and Commodity Murabahah Foreign Currency Time Deposit Account-i (CMTD-i), collectively referred to as “FCA-i”, maintained with the Bank.
(b) Customer's deposit(s) may be accepted based on the Shariah principle of Wadi‘ah Yad Dhamanah for WFCCA-i, and Tawarruq for CMTD-i. The buying and selling of foreign currency are based on the Shariah principle of bai‘ sarf:
(c) The Customer agrees at all times to comply with all the conditions, overnight limits and regulations which are subject to change by Bank Negara Malaysia from time to time without further notification from the Bank.
(d) Notwithstanding the above, the Bank reserves the right to further impose any other conditions and/or overnight limits on the Customer for control and monitoring within the Bank.
(e) The Bank reserves the right to reject or reverse in its entirety any deposits or proceeds through inward remittances in the absence of any clear and specific instructions or which may directly or indirectly result in a breach of the aforesaid conditions and overnight limits and/or to reserve such sum or sums from the FCA-i in which these sums have breached the aforesaid conditions and overnight limits caused by any other reasons including but not limited to the crediting of profit / hadiyyah interest and fluctuations in exchange rate, under which the Bank shall then be authorised by the Customer to convert and remit such deposits, proceeds or sums in Ringgit Malaysia at the Bank's prevailing conversion rate.
(f) The Customer is required to notify the Bank :-
(i) change in the volume of export proceeds in the case of exporters, change in the qualifying conditions that affect the prescribed overnight limits and any breach of the qualifying conditions and/or overnight limits imposed by Bank Negara Malaysia in the operation of the FCA-i; and
(ii) prior to the remittance by telegraphic/mail/electronic transfers or otherwise of any proceeds to the Customer's FCA-i.
(g) Withdrawals from any FCA-i in a currency other than the currency of that FCA-i shall be at the conversion rate to be determined by the Bank.
(h) The Bank is under no obligation to accept deposits or allow withdrawals of foreign currency notes.
(i) The Bank will receive for the credit of the FCA-i any cheque, draft, mail and telegraphic transfer, negotiable instrument and any monies payable to the Customer PROVIDED THAT the aforesaid cheque, draft, mail and telegraphic transfer and negotiable instrument are in such form and substance acceptable to the Bank. Proceeds of any Ringgit Malaysia or other foreign currency cheque, draft or negotiable instrument and monies payable to the Customer shall be credited to the FCA-i at the conversion rate to be determined by the Bank.
(j) The Bank shall not be responsible for any loss suffered by the Customer in connection with items banked in which have been lost, destroyed or delayed in the process of clearing or as a result of the Bank's remedial action on the Customer's behalf to comply with the aforesaid conditions and limits set by Bank Negara Malaysia which in the Bank's opinion has been breached.
(k) Notwithstanding the above terms and conditions, the opening and operation of the A-i are also subject to the banking practices and laws of Malaysia, Notices on Foreign Exchange Administration Rules issued pursuant to Section 225 of the Islamic Financial Services Act 2013, rules and regulations of the Association of Islamic Banking Institutions Malaysia and the rules and regulations of other regulatory bodies established by Bank Negara Malaysia including any amendments made to such laws, rules and regulations from time to time.
4.2 WADI‘AH FOREIGN CURRENCY CALL ACCOUNT-i ("WFCCA-i")
(a) A WFCCA-i may be opened in any currency other than Ringgit Malaysia which is acceptable to the Bank. Hadiyyah, paid at the discretion of the Bank, shall be credited monthly at the Bank's rate and will be calculated on the daily balances at the end of each day or such other intervals as may be determined by the Bank provided that no hadiyyah shall be payable on the daily balance or such other intervals, as the case may be, unless the balance exceeds the requisite minimum amount stipulated by the Bank.
(b) No interbranch transactions or overdrawing are allowed on the WFCCA-i.
(c) Withdrawals may be made by giving not less than 24-hours notice in writing (or by such other means permitted by the Bank) and the Customer is required to give clear and specific instructions with regard to the withdrawal and disposal of the deposits.
4.3 COMMODITY MURABAHAH FOREIGN CURRENCY TIME DEPOSIT ACCOUNT-i (“CMTD-i”)
(a) All terms and conditions stated in Clause 3.2 for Commodity Murabahah General Investment Account-i shall apply to CMTD-i except that the Customer's rebate (ibra') on the Bank's Purchase Price shall be calculated as follows instead of as provided under Clause 3.2(e)(i) and (ii) which shall not apply to CMTD-i:
(i) The rebate to be equivalent to the difference between the Bank's Purchase Price and Customer's Purchase Price.
(b) A CMTD-i may be opened in any currency other than Ringgit Malaysia which is acceptable to the Bank.
(c) Deposits into the MFCTD-i will be for a term and rate as agreed with the Bank. The Bank reserves the right to impose any such limits on the amounts and terms of deposit including but not limited to the minimum deposit limits which may be subject to change at the Bank's absolute discretion.
(d) Withdrawal of deposits can be made only on maturity and at the branch of deposit. The Bank may allow premature withdrawal of deposits PROVIDED ALWAYS that any loss/charges for such withdrawals shall be fully borne by the Customer. All withdrawal of deposits must be made in its entirety and not in separate sums.
(e) The Customer is required to give clear and specific instructions in writing with regard to the withdrawal and disposal of the deposits. Such instructions should reach the Bank not less than two (2) Business Days (or such other period as may be stipulated by the Bank) before maturity.
(f) In the absence of any withdrawal/disposal instructions, the Bank is under no obligation to renew the principal and/or profit or to transfer or remit such matured sums to the Customer or to any of the accounts within or outside the Bank until further instructions are given to the Bank.
(g) Notwithstanding the above, if the maturity date falls on a non-Business Day, any renewal/disposal instructions by the Customer will be carried out on the next Business Day.
4.4 SHORT TERM TREASURY DEPOSIT ACCOUNT ("STTD-i")
(a) This product is based on the Shariah principle of Commodity Murabahah or Tawarruq. The Customer appoints the Bank as agent (wakil) to purchase asset (“Asset”) from time to time which shall be Crude Palm Oil or other Shariah-compliant non-ribawi commodities at such quantum, pricing and time as the Bank deems fit so long as the total price is equivalent to the amount placed (including rollovered) (“Deposit Amount”) by the Customer under STTD-i. The Asset may commingle with other Shariah-compliant commodities bought by the Bank on its own account or on behalf of others.
(b) The Customer agrees to accept the Asset on “as is where is” basis as bought and allocated by the Bank, and agrees to waive the defect option (Khiyar al-`Ayb) for any defects in the Asset.
(c) The Customer may request the physical delivery of the Asset by notifying the Bank in writing prior to making any placement under STTD-i, whereupon the Customer shall fully pay for the price of the Assets and the placement of deposit under STTD-i shall be aborted. The Customer shall bear all costs and expenses related to the delivery of the Asset including brokerage fee, storage costs, Takaful/insurance and other related cost.
(d) If the Customer does not request the physical delivery of the Asset, then the Customer has constructive possession (Qabd al-Hukmi) of the Asset on purchase by the Bank as agent (wakil) of the Customer.
(e) The Customer appoints the Bank as agent (wakil) to sell the Asset from time to time to any party including to the Bank itself when the Customer has constructive possession (Qabd al-Hukmi), at the Murabahah Purchase Price calculated from the following formula and payable at the maturity date of the STTD-i placement:
(f) The Customer hereby agrees to give rebate (ibra') on the Murabahah Purchase Price, if the Customer requests the Murabahah Purchase Price be paid prior to the maturity date. The rebate (ibra') shall be calculated from the formula below:
(g) The Bank waives all agency (wakalah) fees which the Customer may otherwise need to pay to the Bank.
(h) The Customer shall indemnify the Bank against all actions, claims, demands, liabilities, losses, damages, costs, and expenses of whatever nature which the Bank may sustain or incur as Customer's agent (wakil).
(i) The Customer may enquire with the Bank the details of the Asset on purchase by the Bank as Customer's agent (wakil). The Bank shall inform the Customer of the completion of purchase and sale of Asset in such manner as the Bank deems fit but in accordance with Shariah requirements.
(j) An STTD-i may be opened with not less than the minimum cash deposit ("Deposit(s)"), as determined by the Bank from time to time.
(k) The tenure of each Deposit(s) may range from overnight up to a maximum of three (3) calendar months or such other tenure fixed by the Bank from time to time.
(l) The acceptance and continuance of the STTD-i shall be at the Bank's discretion and the Bank shall not be bound to disclose reason for its non-acceptance or discontinuance.
(m) The profit rate for the Deposit(s) is available on request at any branch or from the Bank's dedicated money market dealers and these rates may also be displayed at the Bank's website. These rates may fluctuate from day to day and may also fluctuate intraday and the Bank is under no obligation to hold the rate.
(n) The Bank is the calculation agent to determine the profit amount payable on the Deposit(s).
(o) The Customer shall open and maintain a current account with the Bank or such other account acceptable to the Bank for payment of all or any part of the Murabahah Purchase Price.
PART 3A - GENERAL TERMS FOR THE ELECTRONIC SERVICES
1. AVAILABILITY OF THE ELECTRONIC SERVICES
1.1 The Electronic Services will be available if the Customer complies with the procedures and terms prescribed by the Bank on access, the equipment/devices required and its use.
1.2 The availability of the Electronic Services shall also be subject to the hours, payment of any costs, fees, commissions and charges be determined by the Bank from time to time. The Electronic Services may be varied, supplemented or withdrawn by the Bank at any time and from time to time at its absolute discretion.
2.1 Access to the Electronic Services is granted to any persons who have identified themselves as the Customer or the Authorised User by using the Security Codes, and complying with the Bank's rules and procedures on the use of such Security Codes. The Customer is responsible for all fund transfers, balance enquiries or transactions performed whether with or without the Customer's authority or knowledge. The may rely and act on such instructions given and debit the Customer's Account in respect of all such transactions including any relevant charges.
2.2 The Bank may (but shall not be obliged to), without liability to the Customer or any person for any loss, damage, claims or costs:-
(a) require any persons accessing or using the Electronic Services to identify themselves by alternative means (including by signature or in person or by telephone call) and/or to give confirmation of the instructions before acting on such instructions; and/or
(b) refuse or cease to carry out any instructions, or reverse any actions which have been carried out or impose conditions on the carrying out of any instructions; and/or
(c) vary, withdraw, suspend or delete the Security Codes and/or the Electronic Services.
2.3 If the Bank countermands or reverses any instructions or accepts any conditional instructions, the Customer shall pay the charges and all costs on request by the Bank.
2.4 Any instructions given and received through the Electronic Services after the relevant cut-off time shall be regarded as instructions given and received on the next Business Day.
2.5 The Customer assumes all inherent risk of security, corruption, delay or failure in effecting any instructions or transactions, transmission error, access availability, downtime, and all risks related or incidental to the usage of Electronic Services, unless the risks are attributable to the Bank's negligence. The Customer is responsible for the accuracy of all instructions.
2.6 Any instructions for funds transfer shall be deemed to be completed and final once the Bank has successfully executed the instructions to debit the Customer's Account and credited the beneficiary's account. The Customer will advise the beneficiary of the transfer of funds executed by him. Transfers of funds to any account other than the Customer's Accounts are subject to a maximum amount per day set by the Bank .
3. RESPONSIBILITIES OF THE CUSTOMER
The Customer shall maintain security of the Electronic Services and the Security Codes by :-
(a) ensuring no unauthorised use of Security Code or the Electronic Services by establishing and applying adequate security systems and procedure for monitoring the use or access to the Electronic Services performed through equipment or device under control of the Customer;
(b) keeping the Security Codes confidential at all times by not writing down or disclosing to or allowing any person to access or use the Security Codes (including employees of the Bank); and changing the Security Codes regularly and destroying any advice which may contain the Security Codes after reading;
(c) promptly notifying the Bank at the contact numbers provided by the Bank if the Customer suspects or believes the security or confidentiality of the Security Code is compromised, lost, mutilated or stolen. Oral notice shall be followed within 24 hours by written notice;
(d) ensuring that the Authorised User understands and complies with the Terms and Conditions for the use of the Security Codes and the Electronic Services and notifying the Bank immediately if an Authorised User is no longer authorised to use the Electronic Services;
(e) where telephones with key press password recorders or other similar devices are installed, by deleting the numbers relating to the transactions after the instructions have been issued; and
(f) by reading and understanding the user guide for the Electronic Services before attempting to use the Electronic Services.
3.2 All Security Codes may be despatched by the Bank to the Customer at the address registered with the Bank or may be collected by or on behalf of the Customer or may be issued through phone or by any other means (for TPIN and other Security Codes) at the risk of the Customer. The Customer shall comply with any requirements, rules and procedures which the Bank may impose for the issue, despatch and collection of any Security Code. The Bank reserves the right to issue separate Security Codes to the Authorised Users when there is more than one Authorised User.
3.3 All cards (with electronic strips/chips/other security features), tokens, digital certificates, electronic keys and other electronic devices and media containing any Security Codes are and shall remain the exclusive property of the Bank. The Customer shall return all such devices to the Bank at the request of the Bank or on termination of the Electronic Services.
3.4 The Bank grants the Customer a non-exclusive non-transferable licence to use the Security Codes only to access the Electronic Services. The Customer shall not (i) disassemble or reverse engineer any Security Codes or permit any such acts; (ii) cause or allow any Security Code to be copied, removed, modified, transferred, adapted or translated. The Bank may issue any replacement Security Codes to the Customer at a fee or charge set by the Bank.
3.5 The Bank shall not be responsible for any loss or damage suffered by the Customer due to any unauthorised person obtaining possession of the Security Code. However the Customer shall not be liable for losses resulting from any unauthorised transaction occurring after the Customer had notified the Bank in accordance with these Terms and Conditions that the Customer's Card has been lost, misused, stolen, or the Security Code has been breached. But if the Customer had delayed in notifying the Bank, the Customer shall be liable for such losses.
4.1 The Bank shall not be responsible for any damages, losses, costs and expenses (whether direct or indirect, whether foreseeable or not and whether the Bank has notice or not) which the Customer may suffer or incur arising out of or in relation to:-
(i) the Customer's misuse or failure to correctly use the Security Codes or the Electronic Services or any software/hardware/equipment required for the Electronic Services;
(ii) the Customer's failure to follow the updated instructions, guidelines and procedures for using, accessing, applying for, purchasing, selling any goods (including shares), products, services via the Electronic Services;
(iii) all disputes arising from transactions on goods (including shares) or services or facilities of or with any third parties effected via the Electronic Services;
(iv) malfunction, defect or failure of any network, terminal or any data processing system, computer or telecommunications system (collectively, "Systems"), whether any of the foregoing belong to or are operated by the Bank, unless the malfunction, defect or failure is attributable to the Bank's negligence;
(v) other circumstances beyond the control of the Bank or any bank, financial or card institution or any person or any organisation involved in the Systems; and
(vi) any delay in payment, non-delivery or wrong delivery of any material or notice or products, goods (including shares) or services of any persons, including the Bank.
4.2 The Bank will take reasonable efforts to rectify any defect, malfunction or failure of any of the Systems under the Bank's control in order to restore the affected Electronic Services in order to mitigate the adverse consequence arising from such defect, malfunction or failure.
5. DISPUTE RESOLUTION
5.1 Upon receipt of any complaints from the Customer, the Bank will revert to the Customer within 14 days (or such other period as the Bank may inform the Customer of) from date of receipt. Where the Bank is unable to revert within 14 days, it will notify the Customer in writing of the need for an extension of time to reply. The Customer can appeal to the senior management of the Bank or to the Financial Mediation Bureau, if he is still not satisfied with the outcome of the complaint.
5.2 The complaint letter must be sent to the following address or the Customer may call the number below or such other address or contact numbers as the Bank may notify the Customer:-
Quality & Service Management Department
OCBC Bank :
Telephone No: 1- 300 88 5000 (For consumer banking customers)
Telephone No: 1-300 88 0310 (For consumer banking customers)
1. QUICK DEPOSIT SERVICE
The deposit of any cheques at the Bank's Quick Deposit Machine shall be made in the manner prescribed by the Bank. The Bank may, but is not obliged to, accept any cheque for collection. If any cheque is not accepted by the Bank, the Bank will inform the Customer of the same and the cheque may be collected by or posted to the Customer at the risk and cost and expense of the Customer.
2. AUTOMATED TELLER MACHINES
The Customer may perform any of the transactions allowed on the ATMs during such hours and subject to such other instructions or notification as may be determined by the Bank. Where the Customer uses ATMs belonging to other institutions, such usage is subject to the terms and conditions set by the relevant institutions. Any request for transfer of funds through the ATM shall be deemed to be completed once the transaction has been successfully accepted. The relevant Account will be debited and the beneficiary's account will be credited simultaneously.
3. CASH-IN ATM
Any cash deposited via the Bank's Cash-in ATM shall be made in the manner prescribed by the Bank. The Cash-In ATM will produce a receipt for the cash deposited. The relevant Account will be credited with the cash deposited once verified by the Bank. The Customer should check that the particulars of the transaction printed on the slip are correct before leaving the Bank's premises or the Electronic Terminal. If there is any error, the Customer shall immediately report it to the Bank.
4. ELECTRONIC SHARE APPLICATION ("ESA") (FOR INDIVIDUALS ONLY)
4.1 This service is available to individual persons only. The Customer may submit an ESA for a public share issue through the ATM or through any other channel permitted by the Bank. The Bank may reject an ESA without assigning any reason and without liability to the Customer. The Customer may only submit one ESA for each public share issue for the Customer's own share application. The Bank shall debit the relevant Account as instructed by the Customer together with such commission/charges imposed by the Bank. No profit shall be payable on such amounts debited whether the ESA is successful or not.
4.2 The relevant issuing house will inform the Customer if the ESA is successful or not. If the ESA is not successful or the shares allotted are less than the total number of shares applied for, the refund will be made by the relevant issuing house to the Customer. If the refund is made through the Bank, such refund will only be made on receipt of such monies from the issuing house. The ESA is also subject to the rules of the relevant issuing house and any disputes/enquiries should be directed to the issuing house.
5. PHONEBANKING SERVICES
Instructions once transmitted through Phonebanking services cannot be varied, amended or supplemented. The Bank reserves the right not to accept or act on any instructions including any instructions which have been varied, amended or supplemented by the Customer. The Bank may telephone the Customer at the contact numbers given. The Bank shall be entitled to record all telephone instructions and conversations. The recordings shall be the Bank's property and shall be conclusive evidence of such instructions.
6. ALERT NOTIFICATION SERVICE
6.1 The Bank may provide Alert Notification Service at the Customer's own risk through electronic mail, facsimile, short message service (SMS) or other media as the Bank deems fit. The Alert Notification Service may be modified or terminated without notice to Customer. Alert Notification Service may involve products, goods, services and/or facilities of the Bank or by third parties
6.2 A notification is deemed sent to the Customer on activation of the notification to the contact particulars designated by the Customer. All time/date references in any notification are to Malaysian time unless otherwise specified by the Bank.
6.3 The Customer shall not be dependent or reliant on the Alert Notification Service. Non-receipt of an alert is not an excuse for failing to maintain sufficient funds in any Account. The Customer shall not communicate with the Bank through the sender's contact number, address or other particulars, if any, indicated in any notification
PART 3C - OTHER SERVICES
1. AUTO-SWEEP CURRENT ACCOUNT-I (FOR INDIVIDUALS ONLY)
1.1 This service is available to individual persons only. The Bank may grant to individual persons the Auto-sweep Facility for specific types of accounts subject to the Bank's charges and terms.
1.2 The Auto-sweep function for funds transfer between the Accounts shall be ONE WAY only i.e. from the Customer's Savings Account-i to the Current Account-i. There shall be no automatic re-transfer of any funds from Customer's Current Account-i back to the Savings Account-i.
1.3 The Bank will not accept any deposit or withdrawal or activate the Auto-sweep when there is a breakdown or failure in the on-line computer system affecting any branch/branches of the Bank. The Bank shall not be obliged to inform the Customer of its inability to activate the Auto-sweep function when cheques drawn by the Customer are presented for payment over the counter at the time the Bank's on-line computer system fails.
1.4 The Customer shall not hold the Bank responsible for any loss, injury, damage or embarrassment which the Customer may suffer from dishonouring cheques due to insufficient funds in the Customer's Current Account as a result of ATM transactions and/or other electronic services performed by the Customer at the time when the end of day processing is in progress.
1.5 If the Savings Account-i or Current Account-i is closed, the Auto-sweep Facility shall be terminated. The Bank may also terminate the Auto-sweep Facility at any time by giving notice.
2. STANDING INSTRUCTION (PERIODIC PAYMENT ORDER)
2.1 The Customer may issue or terminate the Standing Instructions in writing (or by any other means permitted by the Bank) to the Bank. Where payment pursuant to the Standing Instructions cannot be made due to insufficient funds, the Bank shall not effect payment for the payment date concerned. The Customer must make alternative arrangements to effect the missed payment. The Bank may terminate the Standing Instructions as to future payments at any time after being advised by the payee that no further payment is required.
2.2 Standing Instructions for payments made via Demand Draft, Cashier's Order, Mail Transfer or Telegraphic Transfer are subject to the Bank's prevailing terms and conditions for remittance. Standing Instructions are subject to any arrangement between the Customer and the Bank in relation to the Account or any banking accommodation accorded to the Customer.
2.3 Any instruction to stop periodic payment under the Standing Instructions shall be deemed as instruction to terminate the Standing Instructions. Reactivation of the Standing Instructions requires execution of a fresh Standing Instructions. Any instructions to vary or terminate or revoke the Standing Instructions shall be given by the Customer at least two weeks (or such other period as may be stipulated by the Bank) before payment date.
2.4 The Standing Instructions will remain effective for the protection of the Bank in respect of payments made in good faith notwithstanding the death or bankruptcy/winding-up of the Customer or revocation of the Standing Instructions until notice of such event has been received by the Bank.
2.5 The Standing Instructions are subject to charges levied by the Bank for each periodic payment effected by the Bank. Such charge is not refundable even if the instruction is not effected due to insufficient funds. The Customer will also pay the incidental postage and stamp duty and inland exchange if applicable.