TERMS AND CONDITIONS OF USE
This website (www.publicmutualutcconnect.com.my), ("Site"), is published and maintained by Public Mutual Berhad ("Public Mutual"). By using this Site or any reports, financial statements, data, information, contents, product and services available and/or provided by the Site (Collectively " Materials"), you agree to be bound by the terms and conditions set out herein ("Terms and Conditions of Use"). Public Mutual may periodically modify these Terms and Conditions of Use without prior notice. If you do not agree to these Terms and Conditions of Use, kindly do not use this Site.
Public Mutual may modify, suspend, discontinue, or restrict the use and availability of any portion of this Site at any time, without notice or liability. Your use of this Site may be monitored by Public Mutual and used for Public Mutual's marketing and research purposes.
LIMITED LICENSE AND RESTRICTIONS ON USE
Public Mutual grants you a limited, revocable, nonexclusive, non-transferable license to view, save/store, bookmark, download, and print the pages within this Site solely for your personal, informational, and non-commercial use or as expressly authorized by Public Mutual herein. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this Site. Public Mutual reserves all rights not expressly granted in these Terms and Conditions of Use. Except as otherwise stated in these Terms and Conditions of Use, you may not:
Modify, distribute, transmit, post, reproduce, republish, broadcast, create derivative works from, transfer, sell, or exploit any of the Materials; Redeliver any page, text, image on this Site or any of the Materials using "framing" or other technology other than those made generally available by Public Mutual; Engage in any conduct that could damage, disable, or overburden this Site, any of the Materials, or any systems, networks or servers related to this Site, including without limitation, using devices or software that provide repeated automated access to this Site, other than those made generally available by Public Mutual; Probe, scan, or test the vulnerability of any Materials, systems, networks or servers related to this Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with this Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, systems, networks or servers related to this Site; Modify, copy, obscure, remove, or display Public Mutual's name, logo, trademarks, text, notices, or images.
You may not link to this Site unless you comply with these linking conditions ("Linking Conditions"). Public Mutual grants you a limited, revocable, nonexclusive right to create a hyperlink to this Site ("Link"), provided you comply at all times with the following conditions:
The Link must resolve either to Public Mutual's portal page at www.publicmutualutcconnect.com.my, or to the appropriate Public Mutual's website pages, unaltered in any way; the text of the Link must read either "Public Mutual Berhad," "Public Mutual," “UTC Connect” or www.publicmutualutcconnect.com.my. You may not use any Public Mutual logo or graphic, or any other Public Mutual trademark, as part of the Link without Public Mutual's express written permission; and The Link and surrounding context on the linking site must not: (i) falsely represent or misrepresent any relationship between the linking site and Public Mutual, including suggestions of affiliation, endorsement, or sponsorship; (ii) portray Public Mutual, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or (iii) deliver the Materials in a framed environment or alter the layout, content, look, or feel of the Site.
For authentication purposes, certain features on this Site may require you to submit your personal code to access these features. You agree to provide Public Mutual with current, complete, and accurate information as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree not to (a) obtain or attempt to obtain unauthorized access or (b) gain access through or use, any means not intentionally made available to you by Public Mutual, to such parts of or features or to any other protected Materials or information on this Site.
You are responsible for maintaining the confidentiality of any account information, user names, logins and passwords that you use to access any page or feature on this Site, and for logging off of your account and any protected areas of the Site. Further, you are fully responsible for all activities occurring under your accounts, user names, logins and passwords that result from your omission, negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins or passwords, you agree to inform Public Mutual immediately. Public Mutual will not be liable for any loss or damage arising from your failure to meet your responsibilities stated in this paragraph.
Promotional and marketing materials may be electronically transmitted to the e-mail address you provide to us when you use the products and services on this Site. You may opt to stop receiving such e-mail.
While Public Mutual is committed to maintain high security measures to ensure information provided are secure, there are risks beyond Public Mutual's control in Internet communications. As a precaution, you should always make sure that your personal computer is secured and protected from unauthorized access and/or virus that may reveal your confidential information to third party. You should also be wary of email scams and attachments that may attempt to steal information about and/or from you.
Please note that communication over the Site is not been transmitted via a private or secure link or in encrypted form and is therefore subject to the usual hazards of Internet communications, nor can it be guaranteed that this communication has not been the subject of unauthorized interception or modification.
All Materials on this Site, whether separate or compiled, including, but not limited to, text, graphics, logos, buttons, images, reports, digital downloads, data compilations, software, icons, html code and xml code, any other source code, as well as all copyright, patent, trademark, and other rights therein, are intellectual property rights of Public Mutual and its third-party information providers.
All trademarks, service marks, and logos appearing on this Site shall at all times vest and remain vested in Public Mutual.
The rights granted to you herein shall terminate immediately upon any violation by you of these Terms and Conditions of Use. Public Mutual, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Site at any time and for any reason whatsoever, without notice or liability. Public Mutual will not be liable to you or any third party for any termination of your access to or use of this Site.
DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PUBLIC MUTUAL AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO THE SITE; THE MATERIALS; USE OF THE SITE AND MATERIALS; AND THE RESULTS OF THE USE OF THE SITE AND MATERIALS. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR OTHERWISE OBTAINED. NEITHER PUBLIC MUTUAL NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF PUBLIC MUTUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF PUBLIC MUTUAL AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.
You agree to indemnify, defend, and hold harmless Public Mutual, its affiliates, and each of their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses, or expenses, including solicitors’ fees and costs, arising out of or related to your improper access to or use of this Site, or any violation by you of these Terms and Conditions of Use.
The Unit Trust Consultant's personal information is collected in order to avail the Unit Trust Consultant of the Site and to enable Unit Trust Consultant to enjoy access to other online services offered by the Public Mutual. The Unit Trust Consultant herewith refers to online registrants, or Online Guests who use our online services.
SECURITY OF INFORMATION
Public Mutual is committed to using its best endeavours to maintain high computer security standards and procedures in order to ensure that all information provided by the Unit Trust Consultant are secure and confidential at all times. To this end, Public Mutual has in place control systems to ensure security and confidentiality of the Unit Trust Consultant's information at all times. These security standards and procedures shall be maintained notwithstanding that the company-Unit Trust Consultant relationship may have been terminated or otherwise ended. Nevertheless Public Mutual hereby expressly advises the Unit Trust Consultant that Public Mutual does not have control over the computer, computer software, systems and other incidentals used by the Unit Trust Consultant to access the Site and further that transmission over the Internet cannot be guaranteed, warranted or represented to be absolutely secure.
DISCLOSURE OF INFORMATION
In accordance with strict compliance to Guidelines by Securities Commission, and apart from the sharing of information between authorized persons of Public Mutual such as licensed unit trust consultants, institutional consultants, unit trust consultants’ uplines and/or Public Bank Group, Public Mutual will not disclose the Unit Trust Consultant's information to any third party or external organizations without prior consent.
The instances where Public Mutual will disclose the Unit Trust Consultant information are: Where it is required by law, Court Order or is otherwise legally permitted; Where such disclosure is required under Order of Court, legislation or regulations to be divulged to any government agency, agencies, ministries, departments or bodies established or approved by Securities Commission; Where requested or permitted by the Unit Trust Consultant in writing.
COLLECTION AND USE OF UNIT TRUST CONSULTANT INFORMATION
Certain personal information of the Unit Trust Consultant as particularized by Public Mutual from time to time will be required to be submitted to Public Mutual by the Unit Trust Consultant to enable Public Mutual to process the Unit Trust Consultant's request for information pertaining to services offered by Public Mutual for handling queries, evaluating Unit Trust Consultant's clients’ investment needs and/or offering Public Mutual's products and services. Generally, the information required includes but shall not be limited to information such as Unit Trust Consultant's name, address, e-mail address, telephone number, age, gender, particulars of identity documents such as identity card or passport and where applicable, as Public Mutual shall require from time to time.
The primary purpose of acquiring the information is confined in its use to the provision of access to the Site as well as to evaluate the Unit Trust Consultant's clients’ needs that may arise from time to time. This enables Public Mutual to facilitate the provision of information pertaining to Public Mutual's products and services available from time to time.
ACCESS AND USE OF PUBLIC MUTUAL UTC CONNECT
Application for subscription to the Public Mutual UTC Connect shall be subject to the Unit Trust Consultant maintaining an existing and valid Account with the Public Mutual and acceptance of application by Public Mutual. Public Mutual is not obliged to provide reasons for any rejection of a Unit Trust Consultant's application. Unit Trust Consultant will not be able to access the Public Mutual UTC Connect if their Agency Contract is frozen or terminated or has expired or not renewed.
Upon approval of the Unit Trust Consultant's application to subscribe to the Public Mutual UTC Connect over the counter, the Unit Trust Consultant will be provided with a User ID and Password. When the Unit Trust Consultant login for the first time, the Unit Trust Consultant shall replace the User ID and Password provided with a new User ID and Password of his choice.
The Password selected by the Unit Trust Consultant may be changed by the Unit Trust Consultant from time to time or in the event that the password has expired.
The Unit Trust Consultant shall not disclose the Password to any person including any staff of Public Mutual and must take all precautions and security measures to prevent unauthorised and fraudulent use of the Unit Trust Consultant's User ID and/or Password and the Public Mutual UTC Connect by the use thereof.
The Unit Trust Consultant shall immediately notify the Public Mutual in writing in the event the User ID and/or Password have been compromised in any manner whatsoever.
Access by the Unit Trust Consultant to the Public Mutual UTC Connect shall be deemed to have been activated and all instructions and transactions issued thereafter shall be attributed to the Unit Trust Consultant upon successful login of the User ID and Password notwithstanding that such access, instruction or transaction may have been made by a third party whether authorised or unauthorised.
The Unit Trust Consultant further represents, and warrants that all information and instruction forwarded to the Public Mutual from time to time through this Site or otherwise is correct, validly issued and legally binding on the Unit Trust Consultant.
Public Mutual shall be entitled to carry out any instruction or transaction and/or rely on any instruction issued/given or information provided using the Unit Trust Consultant User ID and Password as if the Unit Trust Consultant had transacted it and/or provided the information. The Unit Trust Consultant shall be deemed to unconditionally and irrevocably agree that Public Mutual shall not be liable for any loss or damage which the Unit Trust Consultant and/or any third party may suffer in using this Site and/or Public Mutual UTC Connect.
The Unit Trust Consultant is deemed to agree that instructions or transactions received by the Public Mutual are irreversible when received completed or relied upon by the Public Mutual.
Public Mutual may at its sole discretion refuse to carry out any of the Unit Trust Consultant's instruction or transaction where such instructions or transactions are inconsistent with Public Mutual policy or any law or any rules or regulations to which the Public Mutual is subject to or for any other reason. The Unit Trust Consultant acknowledges and agrees that Public Mutual shall not be liable in any manner whatsoever for any such refusal.
AVAILABILITY OF SERVICES
Public Mutual does not warrant that Public Mutual UTC Connect will be available without interruption and/or disruption and the Unit Trust Consultant acknowledges that at certain times some or all of the services may not be accessible due to system maintenance or other reasons or cause which are beyond the control of Public Mutual. The Unit Trust Consultant further acknowledges and agrees that Public Mutual shall not be liable in any manner whatsoever for any such interruption and/or disruption.
In the event that any or all of the services of Public Mutual UTC Connect are not accessible for whatever reasons, the Unit Trust Consultant may use alternative means to issue such instructions as shall be desired by the Unit Trust Consultant at the material time such as TeleMutual or submission of forms through Public Mutual branches.