Welcome to the CIMB Trade Club Connecting your company with selected counterparts around the world

TERMS AND CONDITIONS OF CIMB TRADE CLUB

 

    1.    General

The Terms and Conditions (“Terms” including any amendments made thereto and any other additional operating policies which we, at our sole discretion, may impose from time to time) govern your access and use of CIMB TRADE CLUB via this website as provided therein.  If at any time, you do not accept any or all of these Terms, you must immediately discontinue all access and use of CIMB TRADE CLUB.

CIMB Trade Club is provided by CIMB Bank Berhad (13491-P) and/or CIMB Islamic Bank Berhad (Company No. 671380-H) (“CIMB Islamic”) (“CIMB”, "We", "us" or "our", as the case may be) and its third party vendors or service providers.

We shall notify you of any amendments to the Terms by notice displayed on this website at least twenty-one (21) days before the said amendments come into effect and after which, your continued access and use shall constitute your agreement and binding acceptance of the same.

Please direct any questions which you may have concerning these Terms to our Consumer Contact Centre:
CIMB Bank Berhad / CIMB Islamic Bank Berhad
Customer Resolution Unit (CRU)
P.O. Box 10338
GPO Kuala Lumpur
50710 Wilayah Persekutuan


Tel: +603 6204 7788
Email: cru@cimb.com
 

    2.    Your Conduct

You agree that your access and use of CIMB TRADE CLUB and this website shall at all times be in accordance with all legislation, laws and regulations governing the same and you shall not, at any time whatsoever, attempt or assist any other person to transmit any materials, data, communication and/or information, through the CIMB TRADE CLUB and this website which is abusive, defamatory, infringes another person's rights, constitutes a criminal offence or gives rise to civil liability, encourages racism, promotes hatred, contains pornography or pedophilia, contains any viruses or deleterious files and/or is otherwise objectionable to public morals and decency. You also agree not to hack or attempt to gain unauthorised access into and use the CIMB TRADE CLUB and this website, disrupt the security of its resources, provide information, which is inaccurate or false, and/or otherwise abuse and misuse the CIMB TRADE CLUB and this website. If at any time you discover or suspect the occurrence of any of these activities, you are required to notify us immediately and in failing or delaying to do so, you may also be held liable for the same.

We are not obliged to but reserve the right to continuously monitor or review your access and use of the CIMB TRADE CLUB and this website. In doing so, we may block and/or suspend your access and use of CIMB TRADE CLUB and this website immediately without assigning any reasons and without giving you any prior notice in the event we know or have reason to believe that any fraud, abuse, misuse, criminal act, offence or violation of any law or regulation ("Misuse or Exploitation") has been or will be committed and report or escalate to the relevant authorities including but not limited to Bank Negara Malaysia and the Royal Malaysia Police, of any attempt that appear to us a Misuse or Exploitation of your access and use of the CIMB TRADE CLUB and this website. Further and not in derogation to the aforesaid, we reserve the right to edit or delete any materials, data, communication and/or information which violates any of the provisions in these Terms  without notice and any liability whatsoever to you for doing so.

 

3.    Definitions

Business Card

means a Business Card presents the key details of CIMB Member in the Directory Listing PagesThe Community Manager can edit or remove elements from the Business Card if deemed necessary.

Business Card Data

means company details, forms, posts links and file(s) upload in creating/updating a Business Card.  The full details of a Business Card , or herein referred to as Extended Business Card is accessible by clicking on “discover more” on the Business Card. The Community Manager can edit or remove elements from the Extended Business Card if deemed necessary.

CIMB Group

means all or any related corporations of CIMB.

CIMB TRADE CLUB

means a digital network of international business interconnection offered by CIMB and its related services via CIMB’s website to its business clients.

Community Manager

means any person providing or supporting CIMB with trade portals or platforms to facilitate the CIMB TRADE CLUB.

CIMB Member

means a registered member of CIMB TRADE CLUB.

Contents

means the Business Card Data, Messages, Contents and communications posted on CIMB TRADE CLUB.

Directory Listing Pages

means all pages of results that can be obtained after a search in the directory.

Favourites

means the Members that CIMB Member is following.

Members

means any members of a trade club including CIMB Member provided by other partner banks.

Message

means message sent or exchanged on CIMB TRADE CLUB.

Opportunities

means an automatic matchmaking script that selects possible counterparts for each Member, based on products traded and topics of interest.

Vendor

means the Business to Business vendor selected by CIMB.

 

4.    No unlawful or prohibited use

CIMB Member agrees and warrants that it will not access or use the CIMB TRADE CLUB, or any of the Contents for any purpose that is unlawful or prohibited by these Terms.

 

Without limiting the generality of the foregoing, CIMB Member agrees not to:

  1. transmit any unlawful, harassing, libelous, abusive, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, threatening, or harmful material of any kind or nature; or material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
  2. impersonate any person or entity or falsely state or otherwise misrepresent its affiliation with a person or entity;
  3. upload, post or otherwise transmit any content that CIMB Member does not have a right to transmit under any law or under contractual or fiduciary relationships;
  4. upload, post or otherwise transmit any Contents that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  5. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. interfere with, attempt to gain unauthorised access to, or disrupt CIMB TRADE CLUB or computer systems hosting CIMB TRADE CLUB
  7. violate any applicable local, state, national or international law;
  8. "stalk" or otherwise harass another;
  9. collect or store data about other Members;
  10. copy or transfer any part of CIMB TRADE CLUB;
  11. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; and
  12. interfere with another CIMB Member's use and enjoyment of CIMB TRADE CLUB.

 

5.    Obligations of CIMB Member

  1. CIMB Member must ensure that its User(s) registered with CIMB TRADE CLUB is authorised to act on its behalf.
  2. CIMB Member must provide true, accurate, current and complete Contents and maintain and promptly update its Contents.
  3. CIMB Member is wholly and solely responsible and liable for maintaining the confidentiality of all access credentials and activities in CIMB TRADE CLUB.

 

6.    Processing of personal information

CIMB Member hereby irrevocably consents and authorises, and confirms that it has duly obtained the consent of the individuals (“Individuals”) whose personal information has been provided to CIMB:

  1. for processing pursuant to the Personal Data Protection Act 2010 including for use, collection, recording, holding, processing and storing in accordance with relevant terms and conditions and for the purpose of CIMB TRADE CLUB;
  2. to carry out the necessary reference/reporting checks including but not limited to credit reference/reporting checks to further ascertain the status of CIMB Member and/or the Individuals;
  3. to disclose the Individuals’ personal information to the classes of parties described in the CIMB Group Privacy Notice which is available at www.cimbbank.com.my and www.cimbislamic.com.my; and
  4. to provide the Individuals with information on CIMB’s products, services and/or offers (inclusive of the products, services and offers of entities within the CIMB Group) which may be of interest and/or financial benefit to them;

at CIMB’s sole discretion, without further reference to CIMB Member and/or the Individuals. CIMB Member agrees to undertake the responsibility to update CIMB (ensuring User Profile is updated) should there be any change to the personal information relating to the Individuals and to notify them of the Privacy Notice described in the CIMB Group Privacy Notice which is available at www.cimbbank.com.my and www.cimbislamic.com.my. Should the said consent be subsequently revoked by any of the Individuals, CIMB Member agrees that CIMB may terminate the CIMB TRADE CLUB against CIMB Member and/or the User.

 

    7.   Rights of CIMB and the Community Manager

CIMB and the Community Manager reserve the right to:

  1. limit the messages and the interaction of members;
  2. monitor disputes between Members and to restrict, suspend, or terminate access to CIMB TRADE CLUB if deemed necessary.
  3. Review the Messages or communications before being forwarded to the recipient.  Only the Messages below will be forwarded to the recipient.

 

Types of Messages

  • Unique Message : Personalised Message sent to one person.
  • Target Campaign : Personalised or template Message sent to between 1 - 20 RELEVANT companies with a specific business goal.
  • Partnership Message : Message sent between same companies providing the same service.
  • Mass Campaign : Template Message sent to many companies ( 20+ ) both relevant and non-relevant with a specific business goal.
  • Advertising : Sending Messages explaining what CIMB Member do to both relevant and non-relevant companies. Message sent multiple times to same recipient.

 

Guidelines on Exchange of Message

 

Unique

Campaign

Partnership

Mass Campaign

Advertising

Messages exchanged by

companies with the

same activity

(rubber–rubber) / same activity family (commodities)

Messages exchanged by

companies from different

business sectors but with a valid link

(rubber– transport)

Messages exchanged by

companies from different

activities/ sectors

Mix of the first three message types above

N/A

N/A

Duplicate messages

starting from the third message

starting from the third message

starting from the third message

starting from the third message

starting from the third message

✔ = message declined to be accepted and validated.

✖ = message declined to be declined and not forwarded to the recipient

Please note that the above tables are only guidelines. The Community Manager and CIMB have the final say in the validation of messages.

 

    8.    Contents Responsibility

All information, data, text, software, audio/video content (including sound, graphics, and still or moving images, etc), or any other materials whatsoever (collectively,”Contents”), whether publicly posted or privately transmitted, is the sole responsibility of CIMB Member and the person from whom such information originated.

CIMB is not liable for all information that is uploaded, posted, emailed or otherwise transmitted via CIMB TRADE CLUB. CIMB Member shall not transmit Contents or otherwise conduct or participate in any activities on CIMB TRADE CLUB that, in the judgement of CIMB, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscene material, or the permissible uses of intellectual property.  

CIMB Member may enter into correspondence with or engage into business with other Members based on the products or services descriptions posted on CIMB TRADE CLUB. Any such correspondence or business, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between CIMB Member and the other Members. CIMB assumes no liability, obligation or responsibility for any part of any such correspondence, promotion and business.

CIMB reserves the right to refuse, remove, modify or delete any Contents, including but not limited to Contents of which it becomes aware and deems, in its sole discretion, that does not fulfill the purpose of the website or that violates the Terms or may be otherwise illegal.

Under no circumstances will CIMB be liable in any way for any Contents, including, but not limited to, liability for any errors or omissions in any Contents, or for any loss or damage of any kind incurred as a result of the use of any Contents posted to, or emailed or otherwise transmitted via CIMB TRADE CLUB.

 

    9.    Licensing and terms applying to the Contents

When posting Contents, CIMB Member grants to CIMB and CIMB TRADE CLUB a worldwide, royalty-free, perpetual, irrevocable license to use, transfer, publish or sublicense such Content there from with links to full content in CIMB TRADE CLUB, let other Member print, view, access it in their web browser while accessing CIMB TRADE CLUB, and/or to incorporate it in other services related to CIMB TRADE CLUB and made it available to the business entities in any form, media, or technology now known or later developed such as Apps, RSS feeds, etc or for any other purpose that is not prohibited by laws and/or for complying with the laws and regulations of any countries which govern CIMB and/or for any other purpose relating to such purpose.

 

    10.    Third party services & promotional messages

CIMB Member allows CIMB as well as third party Vendors selected by CIMB, to providing them with notices, promotions for their own products and services. CIMB is not responsible for these third-party activities, only the Vendor involved is.

CIMB may allow various third party services including but not limited to the selling of advertising space and the webinars service. CIMB accepts no responsibility or liability for these services.

CIMB may include links to third party web sites (“Third Party Sites”) on tradeclub.cimbbank.com.my and elsewhere. CIMB Member is responsible for evaluating whether it wants to access or use a Third Party Site or service. CIMB Member should review any applicable terms or privacy policy of a Third-Party Site before using it or sharing any information with it, because CIMB Member may give the third-party permission to use its information.

 

    11.    No resale of service

CIMB Member agrees not to sell, resell, or offer for any commercial purposes, any portion of the CIMB TRADE CLUB, access to the CIMB TRADE CLUB, other Members' Contents, CIMB TRADE CLUB material or access to CIMB TRADE CLUB without the express written consent of CIMB.

 

    12.    General practices regarding usage and storage

CIMB may establish general practices and limits concerning the use of CIMB TRADE CLUB. CIMB has no responsibility or liability for the delay, error, incorrectness, incompleteness, deletion or failure to store any messages or other communications or other contents maintained or transmitted via CIMB TRADE CLUB and reserves the rights to mark as “inactive” and archive or terminate accounts and/or contents that are inactive for an extended period of time.

 

    13.    Termination of CIMB Member’s membership, access and use

CIMB retains the right, at its sole discretion, to determine whether or not the CIMB Member’s or the User(s)'s conduct is consistent with these Terms and/or the purpose of the website and may terminate the membership of CIMB Member, access and use of CIMB TRADE CLUB if CIMB Member’s or the User(s)'s conduct is found to be inconsistent with same or for any other reason.

CIMB ’s termination of CIMB Member’s membership or User(s)'s access to CIMB TRADE CLUB may be effected whether with or without notice and, on such termination, CIMB may immediately deactivate or terminate CIMB Member’s membership, access, use and/or bar any further access and use. CIMB shall not be liable to CIMB Member or other third party for any termination hereunder. In addition, CIMB Member’s or User(s)’s request for termination will result in deactivation but not necessarily termination of the membership. CIMB TRADE CLUB reserves the right to terminate, or not terminate, the CIMB Member’s membership at CIMB ‘s sole discretion, as well as to delete, or not delete, the Contents at CIMB 's sole discretion.

Without prejudice to the above, CIMB may terminate CIMB Member's membership or CIMB Member may terminate its membership to CIMB TRADE CLUB by giving fourteen (14) days prior written notice to the other.

 

    14.    Links

CIMB, CIMB Members or Vendors may provide links to other websites. CIMB exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability nor the accuracy there of or the content, advertising, products or other materials thereon. CIMB shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by CIMB Member in connection therewith. CIMB Member’s access and use of linked websites, including information, material, products and services therein, is solely at its own risk.

 

    15.    Indemnity, Disclaimer, Limitations of Liability

CIMB Member agrees that it uses the CIMB TRADE CLUB is at its sole risk. CIMB TRADE CLUB is provided on an "as is" and "as available" basis and CIMB assumes no responsibility for the delay, error, incorrectness, incompleteness, timeliness, deletion, mis-delivery or failure to store any communications or personalisation settings or resulting from any force majeure events. CIMB Member understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at CIMB Member's own discretion and risk and that CIMB Member will be solely responsible for any damage to its computer system or loss of data that results from the download of any such material.

 

CIMB expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Specifically, CIMB makes no warranty that:

 

(i)    CIMB TRADE CLUB or any goods or service thereon will meet CIMB Member’s requirements,

(ii)   any member access will be uninterrupted, timely, secure or error-free,

(iii)   the quality of any content, goods, products, services, information or other material obtained by any Member from any other Member or any Vendor will meet his or her expectations,

(iv) any errors in the content and in the software will be corrected.

 

CIMB  shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of goods, property, profits, goodwill, use, data or other intangible losses (even if CIMB has been advised of the possibility of such damages), resulting from any use or inability to use  CIMB TRADE CLUB or services thereon; resulting from any goods or services purchased or obtained or messages received or transactions entered into through CIMB TRADE CLUB, unauthorised access to or alteration of your transmissions or data; statements or conduct of any third party on CIMB TRADE CLUB; or any other matter relating to CIMB TRADE CLUB. Any agreement or arrangements in connection with the purchase of goods or services shall be dealt with directly by CIMB Member with another Member.

 

CIMB shall not be liable for any loss incurred or suffered by CIMB Member or any third party by reason or arising from below.  This limitation of liability shall:

 

(i)    Apply regardless of whether (1) the claim is on contract, tort, statute or any other legal theory, (2) CIMB knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and

 

(ii)   Not apply to any damage that CIMB TRADE CLUB may cause CIMB Member intentionally or knowingly in violation of these Terms or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in these Terms. No advice or information, whether oral or written, obtained from or through CIMB TRADE CLUB shall create any warranty not expressly made herein. Moreover, nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between CIMB, CIMB Member or other person or entity nor do these Terms extend rights to any third party.  CIMB reserves the right to report any malfeasance that comes to its attention to the appropriate authorities. CIMB does not guarantee continuous uninterrupted or secure access to CIMB TRADE CLUB. Operation of CIMB TRADE CLUB may be subject to interference from numerous factors outside CIMB’s control. Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to CIMB TRADE CLUB.

 

The foregoing disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of or use of any asset, whether arising out of breach of contract, tortious behavior, negligence or any other course of action by CIMB.

 

CIMB Member agrees to indemnify CIMB  and hold CIMB harmless for all damages, losses and costs (including, but not limited to, lawyer’s fees and costs) related to all third party claims, charges, and investigations, caused by (1) CIMB Member’s or the User(s)’s failure to comply with these Terms, including, without limitation, any submission of content that violates third party rights or applicable laws, (2) any Contents, and (3) any activity in which CIMB Member or the User(s) engages on or through CIMB TRADE CLUB.

 

CIMB is not responsible for misuse or misappropriation of any Contents posted on CIMB TRADE CLUB. CIMB Member shall endeavor to respond to all requests, at least to acknowledge reception, but CIMB shall in no case be held responsible for the lack of response. Repeated absence of response by CIMB Member can be a reason for removing their account or blocking access to CIMB TRADE CLUB as deemed necessary. CIMB cannot and will not be liable for any loss or damage arising from CIMB Member’s failure to comply with this Section.

 

   16.    Trademark Information

CIMB TRADE CLUB, CIMB and the logos included in the website are either registered or unregistered trademarks, service marks, trade names and/or products and service names; they may not be used by CIMB Member or any third parties without the express written consent of CIMB.

 

    17.   Copyrights

CIMB responds promptly to claims of intellectual property misuse. If CIMB Member believes that its work has been copied and is accessible on CIMB TRADE CLUB in a way that constitutes copyright infringement, the CIMB Member may notify CIMB by providing our copyright agent with the following information in writing:

 

  1. the electronic or physical signature of the owner of the copyright or the person authorised to act on the owner's behalf;
  2. identification of the copyrighted work that CIMB Member claims has been infringed;
  3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit CIMB to locate the material, including the full URL.
  4. CIMB Member’s or the User(s)’s name, address, telephone number, and email address.
  5. a statement by CIMB Member that it has a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  6. a statement or statutory declaration, that the above information is accurate and that CIMB Member is the copyright owner or are authorised to act on the copyright owner's behalf;
  7. any other information as requested by CIMB.

 

If CIMB receives such a claim, CIMB reserves the right to refuse or delete Contents or to terminate the CIMB Member’s membership, access and use.

 

For the avoidance of doubt, any disputes or alleged infringements relating to copyrights, shall be dealt with by CIMB Member with the third party.

 

    18.    Force Majeure

In the event that CIMB is unable to observe or perform the Terms or provide the CIMB TRADE CLUB services, whether in whole or in part, by reason of causes beyond its control including (but not  limited to) equipment, system  or transmission link malfunction or failure, fire, flood, explosion, acts of God, acts of terrorism, war (declared or undeclared), accidents, epidemics, strikes, floods, sanctions, lockouts, power blackouts or failure, labour disputes, acts, demands or requirements of the Malaysian Government or as a result of any third party unauthorised or illegal actions or interventions or as a result of any international or supranational sanctions, or by any other causes which it cannot reasonably be expected to avoid, the performance of CIMB's obligations under the Terms as they are affected by such causes shall be excused for the duration of the abovementioned disabling events. Further, CIMB shall not be liable for any loss or delay or inconvenience whatsoever and howsoever caused or arising from or in connection with any of the abovementioned disabling events.

 

    19.    General Information

These Terms and the relationship between CIMB Member and CIMB shall be governed by the laws of Malaysia without regard to its conflict of law provisions and each party agrees to submit to the personal and exclusive jurisdiction of Malaysia.

 

    20.    Ownership

CIMB TRADE CLUB is owned by CIMB and operated by CIMB or the Community Manager.

 

     21.    Disclosure

CIMB Member irrevocably and unconditionally authorises and gives permission to CIMB to disclose or report any information whatsoever (howsoever obtained) including information of the CIMB Member, the User(s) and these Terms to such extent and to any person whomsoever (even though such person may in turn further disclose such documents or information to any other person), including but not limited to:

  1. Bank Negara Malaysia supervisory, governmental or enforcement authority, agencies or bodies whether in or outside Malaysia in the manner and as and when required or requested to do so from time to time and at any time;
  2. related corporations or associated companies of CIMB;
  3. solicitors, auditors, consultants, Community Manager, third party vendors or service providers and/or professional advisors of CIMB or its related corporations;
  4. CIMB’s insurers, insurance consultants and/or pursuant to any insurance policy; and
  5. pursuant to any subpoena or other legal process or in connection with any legal action, suit, investigations or proceedings whether relating to these Terms;

 

and CIMB Member hereby expressly consents to such disclosure and hereby confirms that no further consent from CIMB Member is necessary or required in relation thereto.

 

    22.     Charges

CIMB Member shall pay such fees, charges costs and expenses (“Charges”) as may be stipulated by the Bank. CIMB shall be entitled to deduct or set-off any Charges payable by CIMB Member from any of the accounts of CIMB Member with CIMB. CIMB may revise the Charges from time to time and CIMB shall notify CIMB Member of such revision in writing or via CIMB’s website.