TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS OF USE
1. GENERAL
This website (www.publicmutualonline.com.my) ("Site") and Investor Mobile Application ("App"), are published and maintained by Public Mutual Berhad ("Public Mutual"). By using this Site and/or App or any reports, financial statements, data, information, contents, product and services available and/or provided by the Site and the App (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 and App.
Public Mutual may modify, suspend, discontinue, or restrict the use and availability of any portion of this Site and App at any time, without notice or liability. Your use of this Site and App may be monitored by Public Mutual and used for Public Mutual's marketing and research purposes.
2. 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 and App 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 and App. 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 and App 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 and App, any of the Materials, or any systems, networks or servers related to this Site and App, including without limitation, using devices or software that provide repeated automated access to this Site and App, 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 and App or attempt to gain unauthorised access to Materials, services, systems, networks, servers, or accounts connected or associated with this Site and App 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 and App;
Modify, copy, obscure, remove, or display Public Mutual's name, logo, trademarks, text, notices, or images.
3. LINKING CONDITIONS
You may not link to this Site and App 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 and App ("Link"), provided you comply at all times with the following conditions:
The Link must resolve either to Public Mutual's portal page at www.publicmutualonline.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", "publicmutualonline.com.my" or www.publicmutualonline.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 and App must not: (i) falsely represent or misrepresent any relationship between the linking Site, App 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 and App.
4. ONLINE USER
For authentication purposes, certain features on this Site and App 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 and App.
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 App, and for logging off your account and any protected areas of the Site and App. 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 or activate the 'Kill Switch' 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 email address you provide to us when you use the products and services on this Site and App. You may opt to stop subscribing to such emails.
5. INTERNET RISKS
While Public Mutual is committed to maintain high security measures to ensure information provided are secure, there are Internet communication risks beyond Public Mutual's control. Please note that communication over the Internet is subjected to the common usual hazards of Internet communications, nor can it be guaranteed that this communication has not been the subject of unauthorised interception of modification.
As a precaution, you should always make sure that your personal computer and mobile devices are secured and protected from unauthorised access and/or virus that may reveal your confidential information to third-parties. You should also be wary of email scams and attachments that may attempt to steal information about and/or from you
Public Mutual commitment to excellence extends to all segments of our business, especially our security systems. Keeping your information safe is our top priority.
Please be reminded that Public Mutual does not, and will never request for sensitive/confidential information from our customers online or via email, letters and phone calls/SMS/instant messages.
You are advised to exercise caution when performing your online transactions and ensure your personal computer and mobile devices are protected with an effective anti-virus anti-malware software.
6. COPYRIGHT
All Materials on this Site and App, 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.
7. TRADEMARKS
All trademarks, service marks, and logos appearing on this Site and App shall at all times vest and remain vested in Public Mutual.
8. TERMINATION
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 and App 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 and App.
9. DISCLAIMER OF WARRANTIES
THIS SITE AND APP 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 AND APP; THE MATERIALS; USE OF THE SITE, APP AND MATERIALS; AND THE RESULTS OF THE USE OF THE SITE, APP 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.
10. LIMITATION OF LIABILITY
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE AND APP ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE 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 AND APP, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS SITE AND APP, EVEN IF PUBLIC MUTUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS 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.
11. INDEMNITY
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 and App, or any violation by you of these Terms and Conditions of Use.
12. PRIVACY POLICY
This Site and App is governed by our Privacy Policy Statement which can be viewed at (https://www.publicmutualonline.com.my/General/policy.html). This Privacy Policy Statement is issued to reinforce Public Mutual's commitment to the policy of protecting at all times the confidentiality, integrity and security of the information provided by the Customer to Public Mutual.
The Customer's personal information is collected in order to avail the Customer of the Site and App, and to enable the Customer to enjoy access to other online services offered by Public Mutual. The Customer herewith refers to online registrants, or Online Guests who use our online services and/or customers who have or had invested with Public Mutual.
13. 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 Customer are secure and confidential at all times. To this end, Public Mutual has in place control systems to ensure security and confidentiality of the Customer's information at all times. These security standards and procedures shall be maintained, notwithstanding that the company-customer relationship may have been terminated or otherwise ended. Nevertheless, Public Mutual hereby expressly advises the Customer that Public Mutual does not have control over the computer, computer software, systems, mobile device, mobile software and other incidentals used by the Customer to access the Site and App, and further that transmission over the Internet cannot be guaranteed, warranted or represented to be absolutely secure.
14. DISCLOSURE OF INFORMATION
In accordance with strict compliance to Guidelines by Securities Commission Malaysia, and apart from the sharing of information between authorised persons of Public Mutual such as licensed unit trust agents, institutional agents and/or Public Bank Group, Public Mutual will not disclose the Customer's information to any third-party or external organisations without prior consent.
The instances where Public Mutual will disclose the Customer 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 Malaysia;
Where requested or permitted by the Customer in writing.
15. COLLECTION AND USE OF CUSTOMER INFORMATION
Certain personal information of the Customer as particularised by Public Mutual from time to time will be required to be submitted to Public Mutual by the Customer to enable Public Mutual to process the Customer's request for information pertaining to services offered by Public Mutual for handling queries, evaluating the Customer's 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 the Customer's name, address, email address, telephone number, age, gender, particulars of identity documents such as identity card or passport and where applicable, financial information such as information of income, assets, liabilities for the purpose of financial planning services Public Mutual shall require from time to time.
Although the primary purpose of acquiring the information is confined in its use to the normal course of general business between Public Mutual and its Customer, the said information may also be applied for purposes incidental to and connected with the said primary purpose including the provision of access to the Site and App as well as to evaluate the Customer's 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.
16. ACCESS AND USE OF PUBLIC MUTUAL ONLINE AND INVESTOR MOBILE APPLICATION
Application for subscription to Public Mutual Online and Investor Mobile Application shall be subject to the Customer maintaining an existing and valid account with Public Mutual. Public Mutual is not obliged to provide reasons for any rejection of a Customer's application.
The Customer understands that he/she must download the App from the Apple App Store or Google Play Store and shall not install the App through a third-party or services which is not offered by their mobile devices' operating system.
The Customer agrees that Public Mutual cannot ensure that the App will be compatible or may be used in conjunction with the Device and the Customer agrees that the Customer shall not hold Public Mutual liable for any such incompatibility or for any loss or damage to the Device which may be caused by the App or the installation process.
The User ID and Password to access Public Mutual Online will be used by the Customer to access the Investor Mobile Application.
The Customer may change the password from time to time or in the event that the password has expired.
The Customer shall not disclose the Password to any person including any staff and/or Unit Trust Consultant of Public Mutual and must take all precautions and security measures to prevent unauthorised and fraudulent use of the Customer's User ID and/or Password, Public Mutual Online and/or the Investor Mobile Application by the use thereof.
The Customer shall immediately activate the 'Kill Switch' in the event that the User ID and/or Password has been compromised in any manner whatsoever.
In the case of Joint Account Holders, the mandate for operation of the account shall be as indicated in the account opening form. Only the first registered holder will be issued a User ID and Password for the first registered holder's use. All transactions on the Account shall be binding on all the account holders jointly and severally.
Access by the Customer to Public Mutual Online and the App shall be deemed to have been activated and all instructions and transactions issued thereafter shall be attributed to the Customer 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 Customer further represents, and warrants that all information and instruction forwarded to Public Mutual from time to time through this Site and the App or otherwise is correct, validly issued and legally binding on the Customer.
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 Customer User ID and Password as if the Customer had transacted it and/or provided the information. The Customer shall be deemed to unconditionally and irrevocably agree that Public Mutual shall not be liable for any loss or damage which the Customer and/or any third party may incur in using this Site, Public Mutual Online and/or the App.
The Customer is deemed to agree that instructions or transactions received by Public Mutual are irreversible when received completed or relied upon by Public Mutual.
The Customer acknowledges that he/she must not use this Site and App on any device or operating system that has been modified outside the mobile device or operating system vendor's supported or warranted configurations. This included devices that have been freed from the limitation imposed on the original software by the phone manufacturer or the operating system's proprietary owner, otherwise called 'jail-broken' or 'rooted'.
Public Mutual may at its sole discretion refuse to carry out any of the Customer's instruction or transaction where such instructions or transactions are inconsistent with Public Mutual's policy or any laws, rules or regulations to which Public Mutual is subject to or for any other reason. The Customer acknowledges and agrees that Public Mutual shall not be liable in any manner whatsoever for any such refusal.
The Customer further acknowledges that he/she must not use the Site and App in an environment which may jeopardise the Site and App's security features, function or the Customer's credentials.
17. AVAILABILITY OF SERVICES
Public Mutual Online and the Investor Mobile Application are intended to be available for 24 hours 7 days a week; online investments are subject to availability of e-banking services. Public Mutual does not warrant that Public Mutual Online and the Investor Mobile Application will be available without interruptions and/or disruptions during the said period and the Customer acknowledges that at certain times some or all of the services may not be accessible due to system maintenance or other reasons or causes which are beyond the control of Public Mutual. The Customer further acknowledges and agrees that Public Mutual shall not be liable in any manner whatsoever for any such interruptions and/or disruptions.
In the event that any or all of the services of Public Mutual Online and the Investor Mobile Application are not accessible for whatever reason, the Customer may use alternative means to issue such instructions as shall be desired by the Customer at the material time, such as:
a. Submission of forms at Public Mutual's branches
b. Contacting their servicing Unit Trust Consultant
c. Going to the nearest Public Bank branch
18. DISCLAIMER
The "Investor Mobile Application" is a mobile app for Public Mutual. The App has been developed for Customers to access electronic materials provided by Public Mutual. Access and usage of the "Investor Mobile Application" shall be subject to the Customer maintaining an existing and valid account with Public Mutual. While every reasonable care has been taken to ensure the accuracy and objectivity of the information contained in the "Investor Mobile Application", neither Public Mutual nor the management and its employees can be held liable for any errors, inaccuracies and/or omissions, howsoever caused. We shall not be liable for any actions taken based on the views expressed, or information provided within the "Investor Mobile Application".
No part of the materials may be reproduced, modified, redistributed or passed on, directly or indirectly, to any other person in whole or in part, for any purpose without the prior written consent of Public Mutual.
The contents of this Site and App do not constitute a recommendation to buy or sell unit trust funds/PRS funds.
Investors are advised that unit prices and distributions payable, if any, may go down as well as up. There are fees and charges involved and investors are advised to consider the fees and charges before investing in a Fund. Past performance of a Fund is not an indication of its future performance.
A copy of our Funds' Product Highlights Sheet and Prospectus/Information Memorandum/Disclosure Document featured in this Site and App has been lodged and registered with Securities Commission Malaysia.
Securities Commission Malaysia shall not be liable for any non-disclosure on the part of Public Mutual and takes no responsibility for the contents of the Product Highlights Sheet and Prospectus/Information Memorandum/Disclosure Document, makes no representation as to its accuracy or completeness, and expressly disclaims any liability whatsoever for any loss howsoever arising from or in reliance upon the whole or any part of the contents of the Product Highlights Sheet and/or Prospectus/Information Memorandum/Disclosure Document.
Please read and understand the contents of the respective Fund's Product Highlights Sheet and Prospectus/Information Memorandum/Disclosure Document (Principal and/or Supplemental - if any) before investing in a Fund. Our unit trusts/PRS funds offerings are available in Malaysia only.
Investors are advised that the unit trusts/PRS funds offered are solely on the basis of the information contained in the Product Highlights Sheet and Prospectuses/Information Memorandum/Disclosure Document and no other materials other than the Product Highlights Sheet and Prospectuses/Information Memorandum/Disclosure Document. Any other materials outside the designated area of the Product Highlights Sheet and Prospectus/Information Memorandum/Disclosure Document does not form part of the Product Highlights Sheet and/or Prospectuses/Information Memorandum/Disclosure Document.
Where unit splits or distributions are declared, investors are advised that following the issue of additional units and/or distributions, the net asset value per unit (NAV) will be reduced from the pre-unit split NAV/cum-distribution NAV to the post-unit split NAV/ex-distribution NAV accordingly, to reflect/account for the unit split and/or distribution.
Where a unit split is declared, investors should note that the value of their investment in Ringgit Malaysia terms will remain unchanged after the distribution of additional units.
While it is Public Mutual's policy to discourage loan financing for the purchase of units, this facility is nevertheless available to interested investors. However, you are advised to read and understand the contents of the unit trust loan financing risk disclosure statement before deciding to borrow to purchase units.
INVESTORS SHOULD RELY ON THEIR OWN EVALUATION TO ASSESS THE MERITS AND RISKS OF THE INVESTMENT IN CONSIDERING THE INVESTMENT. INVESTORS WHO ARE IN DOUBT AS TO THE ACTION TO BE TAKEN SHOULD CONSULT THEIR PROFESSIONAL ADVISERS IMMEDIATELY.
For fund comparison, it is highly recommended that investors compare fund performance with another fund of similar type, risk, time frame, strategy, objective and category as there are differences in risks, features and characteristics of each fund (including the investment objective, investment strategy, risk, fund profile, category or type, distribution policy, fees and charges involved).
Please take note that past performance or distribution of a fund is not an indication of its future performance or distribution.
The Company does not warrant or represent that the results of the use of this feature or the materials made available on this Site and App will be suitable for your purpose, correct, accurate, complete, timely, or otherwise reliable.
If an application applying for units in the funds and a supplementary prospectus or replacement prospectus is delivered to Securities Commission Malaysia for registration before the issuance or transfer of units to the application, the applicant will be given the opportunity to withdraw his/her application within 14 days from the date of his/her receipt of notice of the registration of the supplementary prospectus or replacement prospectus. Application for units in the funds cannot be withdrawn where a supplementary prospectus or replacement prospectus has been registered after the issuance or transfer of units to the applicant.
Whilst Public Mutual makes every effort to ensure that the information on this Site and App is accurate and up to date, Public Mutual shall not be held responsible for any loss, damage, claims, demands, legal proceedings, actions, liability or inconvenience caused by or during the use of Public Mutual Online and the App's services and/or any services herein. The Investor shall undertake to indemnify Public Mutual and at all times keep Public Mutual fully and completely indemnified from and against all claims and demands, actions and proceedings, losses and expenses, including legal costs as between solicitor and own client and all other liabilities of whatsoever nature or description which may be made or taken or incurred or suffered by Public Mutual in connection with or in any manner arising out of this Site and App to access and use Public Mutual Online's services. The Investor further agrees that his/her liabilities shall be a continuing liability and shall remain in full force and effect until his/her liabilities, if any, is fully discharged to Public Mutual's satisfaction.
Public Mutual reserves the right to change the terms of this disclaimer.
Unit transactions can be conducted through Public Mutual Online (www.publicmutualonline.com.my), the Investor Mobile Application or by contacting our Customer Service Hotline at 03-2022 5000 to obtain further information concerning investing in unit trust funds/PRS funds.
19. NOTICES
Request to exercise Cooling Off rights, Redemption/Withdrawal, Switching and Transfer of units are not available in Investor Mobile Application. Kindly transact via Public Mutual Online (Redemption/Switching) or submit these requests at our branches.
Should you have any enquiries on the matter, please contact our Customer Service Hotline at 03-2022 5000 or drop an email to customer@publicmutual.com.my.