Terms of Use RHB Tap On Phone
Welcome to RHB Tap On Phone ("Mobile App"), owned and administered by RHB Bank Berhad, its parent, subsidiaries and/or affiliates (individually or collectively referred to as, "RHB", "we", "our" or "us").
- General
- Your use of the Mobile App is expressly conditioned on your acceptance of the Terms of Use outlined herein. If you do not agree with any part of these Terms of Use, you should not proceed
any further. By accessing or using the Mobile App, you are acknowledging that you have read, understand and agree, without any limitation or qualification, to be bound by these Terms of Use.
- RHB reserve the right to modify these Terms of Use at any time, a copy of which is available at the Mobile App and/or publish in any media that RHB deem appropriate. In the event that you do
not agree to such variation, modification, deletion or addition, you shall cease to use the Mobile App. Your continued access and/or use of the Mobile App to which the variation, modification, deletion or addition relates shall be deemed as your agreement and binding acceptance of the same.
- The materials and information provided on this Mobile App ("Materials") is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject RHB to any
registration requirement within such jurisdiction or country. Neither the information, nor any
opinion contained in this Mobile App constitutes a solicitation or offer by RHB to buy or sell any
products, services, securities, futures, options, other financial instruments, provide any
investment or financial advice or an invitation to enter into any legally binding contract or
arrangement.
- The use of the Mobile App may require compatible smartphone and other devices, internet access
and certain software and may require periodical updates and the usage of the same may be
affected by the performance of these factors. As such, from time to time, you may be required to
update the latest software for the better enjoyment of the Mobile App. You may potentially not
be able to use the Mobile App until the latest version is downloaded.
- Licence
-
Subject to your compliance with these Terms of Use, RHB grants you a personal, non-exclusive,
non-transferable, limited and revocable licence to use the Mobile App in accordance with the
Terms of Use.
- You agree not to interrupt or attempt to interrupt the operation of the Mobile App in any way.
This licence is not a transfer of title in the Materials and is subject to the following restrictions:
- You must retain, on all copies of the Materials downloaded, all copyright and other
proprietary notices contained in the Materials;
- You may not modify the Mobile App or its Materials in any way or reproduce or publicly
display, perform, or distribute or otherwise use or communicate them for any public or
commercial purpose;
- You must not transfer the Mobile App or its Materials to any other person unless you give
them notice of, and they agree to accept, the obligations arising under these Terms of Use;
- You must not directly or indirectly reproduce, reverse engineer, disassemble, decompile, alter or otherwise modify or hack the Mobile App;
- You agree to abide by all additional restrictions displayed on the Mobile App as it may be
updated from time to time;
- Intellectual Property Rights
- For the purposes of these terms and conditions, "Intellectual Property Rights" means any patents,
utility models, rights to inventions, copyright and related rights, trade marks and service marks,
trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or
unfair competition, rights in designs, rights in computer software, database rights, rights to
preserve the confidentiality of information (including know-how and trade secrets) and any other
intellectual property rights, including all applications for (and rights to apply for and be granted),
renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent
rights or forms of protection which subsist or will subsist, now or in the future, in any part of the
world.
- Unless otherwise provided for, we (or our respective third party proprietors as identified in the
Mobile App) owns absolutely and hereby asserts whether now or in the future all registered and
unregistered Intellectual Property Rights in or in connection to the Mobile App, including but not
limited to its source codes, contents such as the text, images, graphics, sound files, software
codes, animation files, video files, any other multimedia work and their arrangement (collectively,
"Contents"), and any other legal and beneficial rights and interests of whatever nature related
thereto conferred under the laws of Malaysia and all the countries in the world for the full period
thereof, together with any renewals and extensions thereof.
- Nothing herein shall be deemed to grant any express or implied license (or other right) to you to
use, reproduce, copy or otherwise deal with any one or more of the Intellectual Property Rights
or any other rights identified in Clause 3.2. Similarly, unless our prior written consent or the
relevant proprietor has been obtained, no such Intellectual Property Rights or any other rights
identified in Clause 3.2 may be used as a link or to mark any link to the Mobile App or any other
website.
- No part or parts of the Mobile App and/or its Contents may be modified, copied, distributed,
retransmitted, broadcast, displayed, performed, reproduced, published, licensed, transferred,
sold or commercially dealt with in any manner without our express prior written consent.
Systematic retrieval of data or other content from the Mobile App to create or compile, directly or
indirectly, a collection, compilation, database or directory, without our prior written permission is
prohibited.
- We hereby grant you a limited, revocable, and non-exclusive licence strictly to access and make
personal and non-commercial use of the Mobile App and its Contents. Any rights not expressly
granted under these Terms of Use are entirely and exclusively reserved to and by us.
- You shall not, by yourself or through any third party, commit or attempt to commit any acts which
may infringe on our Intellectual Property Rights (or the relevant third party proprietor), including
but not limited to framing, mirroring, unauthorised linking, spamming, metatagging, and/or
spidering, any parts of the Mobile App and/or its Contents.
- Any such unauthorized reproduction, retransmission or other copying or modification of the
Mobile App and/or Content or any of our (or the relevant third party proprietor)'s Intellectual
Property Rights shall be deemed to be a breach of statutory or common law rights, which may
result in a legal action being brought against the infringer.
- From time to time we may issue directives or instructions in relation to any use of the Intellectual
Property Rights or other rights belonging to us (or the relevant third party proprietor) and you
shall forthwith comply with any and all such directives or instructions.
- We hereby disclaim any and all liabilities that may arise from any unauthorized reproduction,
access or use of the Mobile App and/or Content.
- Third Party Sites and Content
-
The Mobile App may contain links to or content from other websites, applications or services
("Third Party Sites") that RHB does not own or maintain. These links and other content are
provided solely for your convenience. RHB makes no warranties or representations about the
content of, any products or services offered by, or the intellectual property compliance of such
Third Party Sites. Such Third Party Sites are not under our control and we are not liable for any
errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography,
profanity, inaccuracy or any other objectionable material contained in the contents, or the
consequences of accessing, any Third Party Sites. Any hyperlinks to any other Third Party Sites
are not an endorsement or verification of such Third Party Sites or the content therein and you
agree that your access to or use of such Third Party Sites is entirely at your own risk. The terms
and conditions, terms of use and privacy policies of such Third Party Sites will apply to your use
of these Third Party Sites. We recommend that you take the time to read them and if you have
any queries, concerns or complaints about such Third Party Sites, you may direct them to the
operator or owner of such Third Party Sites.
- Acceptable Use/Content Requirements
- Your use of the Mobile App is limited to its contemplated functionality. In no event may the Mobile
App be used in a manner that harasses, abuses, threatens, defames or otherwise infringes upon
the rights of any other party, including, but not limited to Intellectual Property Rights; is unlawful,
fraudulent or deceptive; uses technology or any other means to gain unauthorized access to any
part of the Mobile App or RHB’s computer networks or user accounts; or uses, attempts to use or
otherwise introduces automated process bots, spiders, screen scrapers, viruses, malware, adware
or any other software or computer code that interrupts, destroys, limits or surreptitiously
monitors software, hardware or electronic communications.
- Geographic Location Identification
-
We may make use of location data sent from your devices to provide you with a more tailored
experience. You can turn off this functionality at any time by turning off the location services
settings for the Mobile App on the device. If you use or allow the use of such functionality, you
consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance,
processing and use of your location data and queries to provide and improve location-based and
road traffic-based products and services. You may stop us from collecting such data at any time
by turning off the location services settings on your mobile device.
- Password Registration and Security
-
Some areas of the Mobile App may be restricted and require a user identification code (“Login
ID”) and a password for access. Unauthorized use of or access to these areas is strictly prohibited.
When accessing an area requiring a Login ID and password, you agree that:
-
RHB is entitled to act on instructions received under your Login ID and password.
- RHB is not liable for any unauthorized access to your personal information that is not the
direct result of gross negligence or intentional misconduct on the part of RHB.
- You will keep your password confidential and you will notify RHB immediately if you
believe someone else has obtained your Login ID and password. You will also notify RHB
if any unauthorized access to your account through the Mobile App has or may occur.
- RHB may block access to password protected areas of the Mobile App without prior
notice if we believe your Login ID and password are being used by someone other than
you, if any unauthorized access to your personal information has occurred or may occur,
or for other reasons.
- Modification and Amendments
- We reserve the right, in our sole and absolute discretion, at any time and from time to time to
modify or discontinue, temporarily or permanently, the Mobile App's service(s) (or any part thereof)
with or without notice. You agree that we shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Mobile App's services (or any part thereof).
- Disclaimer of Warranty
-
The content and materials in the Mobile App are provided on ‘as is’ basis and RHB does not accept
liability for errors or omissions. To the maximum extent permitted by law, RHB expressly disclaims
all warranties, express or implied, with respect to the Mobile App, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose and non-infringement. RHB
does not warrant or represent that the functions or operations of the Mobile App will be
uninterrupted or error-free, that defects will be corrected, or that the Mobile App, its servers or
any e-mail sent from RHB are free of viruses or other harmful components.
- Limitation of Liability
- To the fullest extent permitted by the applicable law, you agree that we shall not be responsible or
liable for any losses or damages whether in contract, warranty or in tort (including negligence,
arising from the (a) interruption of your business; (b) access delays or access interruptions to the
Mobile App; (c) non-delivery, misdelivery, corruption, destruction or other modification of
service(s); (d) losses or damages of any sort incurred as a result of dealings with the presence of
Third Party Sites on the Mobile App; (e) computer viruses, system failures or malfunctions which
may occur in connection with your use of the Mobile App, including during use of any Third Party
Sites; (f) any inaccuracies or omissions in the Materials; or (g) any event beyond our reasonable
control.
- We shall not be liable for any indirect or consequent loss under these Terms of Use or the use of
the Mobile App.
- You agree any claim or action in contract, warranty, or in tort (including negligence) arising out of,
or related to, the use of the Mobile App or these Terms of Use will be governed by the Limitation
Act.
- Indemnification
- You agree to defend, indemnify and hold RHB, its partners, licensors, officers, directors, employees,
and agents (the "Indemnified Parties") harmless for any loss, damages or costs, including reasonable
attorneys' fees, resulting from any third party claim, action, or demand arising from your use of the
Mobile App or any services provided by the Mobile App that is in violation of any law, rule,
regulation, these Terms of Use, or due to your misuse of information contained in the Mobile App.
You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including
reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar
data gathering and extraction tools, or any other action you take that imposes an unreasonable
burden or load on our infrastructure.
- Termination of Mobile App or Access to the Mobile App
- RHB reserves the right to terminate the Mobile App or your access to the Mobile App at any time
for any reason. In particular, and without limitation, we may terminate and/or suspend your access
should you violate any of these Terms of Use, our rights or any right of other user or any third
party.
- Notices
- You consent to receive any notices to which these Terms of Use refer from RHB electronically
including without limitation by e-mail or by posting notices on the Mobile App. You agree that all
notices that RHB provides to you electronically satisfy any legal requirement that such
communications be in writing. To withdraw your consent to receive notices electronically, you
must notify RHB of your withdrawal of such consent by emailing RHB at
ccmerchant.support@rhbgroup.com and discontinue your use of the Mobile App. In such event,
all rights granted to you pursuant to these Terms of Use, shall automatically terminate. RHB will
not provide the benefits of the Mobile App to any user who does not consent to receipt of notices
electronically.
- For the avoidance of doubt, this consent to receive notices is entirely separate from any election
you may make with respect to receipt of marketing communications. Your options with respect to
receipt of marketing communications are set forth in RHB Merchant T&C.
- Miscellaneous
- Entire agreement. You acknowledge and agree that these Terms of Use constitute the complete
and exclusive agreement with RHB concerning your use of the Mobile App, and supersede and
govern all prior proposals, agreements, or other communications.
- Governing law and jurisdiction. Use of this Mobile App shall be governed by and construed in
accordance with the laws of Malaysia without giving effect to any principles of conflicts of laws.
Any dispute concerning this Mobile App shall be subject to the exclusive venue of a court of
competent jurisdiction in Malaysia.
- Severability. Should any provision of these Terms of Use be held invalid, unlawful or for any reason
unenforceable, the invalid, unlawful or unenforceable provision shall be severable from the
remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity
or enforceability of the remaining provisions.
- Evidence. RHB’s records of all and any communications by you during or pursuant to the use and
access to the Mobile App and/or any services contained herein in any form or medium whatsoever
(including electronic information storage media) shall be conclusive evidence thereof. Any and all
communications transmitted through the Mobile App in accordance herewith shall be construed
to be valid, accurate, authentic and shall have the same effect as a written and/or signed
document.
- Processing of personal data. You hereby agree that any and all processing and safe keeping of all
personal data related to you by RHB shall be in accordance to the RHB Merchant T&C..
- Agency. Nothing contained in these Terms of Use shall be construed as creating any agency,
partnership, or other form of joint enterprise with us.
- Waiver. The failure of RHB to exercise or enforce any right or provision of these Terms of Use shall
not constitute a waiver of such right or provision.
- Reservation of rights. Any rights not expressly granted herein are reserved.