# Terms of Use – UP Mobile App

Please do read these terms and conditions (“Terms of Use”) carefully before using this UP mobile application (“UP Mobile App”). Your access to and use of this UP Mobile App is subject to these Terms of Use and all applicable laws. Please note that these Terms of Use will apply to your access of this UP Mobile App regardless of whether you register or subscribe to be a user.

By accessing and using this UP Mobile App, you would be signifying your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use this UP Mobile App. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Your continued access of this UP Mobile App following the posting of changes to these Terms of Use will mean you accept those changes.

1. Terms of Usage

I acknowledge that the system response time, account access times and speed of order routing and execution of the UP electronic trading system (“Facility”) may vary due to variety of factors beyond CGS International Securities Malaysia Sdn. Bhd. (formerly known as CGS-CIMB Securities Sdn. Bhd.) (“CGS MY”)’s control, including telecommunication infrastructure, trading volumes, market conditions, system performance, and other factors.

Neither CGS MY nor its Affiliates (as defined in CGS MY’s General Terms and Conditions) will be liable for any losses or damages arising from or have any responsibility whatsoever for any delay (in response time or otherwise), errors, interruptions or failure (whether total or partial) of the Facility including any failure of any computer hardware, application software or software utilised in relation to or in respect of the provision of the Facility.

Moreover, I acknowledge that there may be delays in the processing, execution, amendment or cancellation of transactions entered through the Facility and the execution of an instruction placed through the Facility (“Instruction”) may be delayed by trading restrictions that CGS MY or its Affiliates may establish or revise from time to time at the discretion of CGS MY or its Affiliates or other electronic features. In that, I shall not hold CGS MY or its Affiliates responsible for any of such delays including the installation and operation of equipment (including telecommunication lines) necessary to access the Facility or for any interruption due to unavailability of internet services.

I agree that all the terms which I have previously agreed to and accepted in relation to my online trading on the Facility, including but not limited to, CGS MY’s General Terms and Conditions and the Terms of Use available at https://cgsi.com.my/up (collectively known as “UP Terms”) and those governing the opening of a trading account (“Trading Account”) with CGS MY, shall continue to apply to my use of and trading via this Facility, as if the same have been incorporated by reference herein. The terms and conditions contained herein shall supplement and are to be read together with the UP Terms and the terms of the Trading Account.

2. Responsibility and Compliance with Laws

I acknowledge that the use of the Facility is subject to all applicable laws and regulations (whether having the force of law or not). I agree that I shall:

- a)
  not use the Facility for illegal purposes or unauthorised purposes;
- b)
  not interfere with or disrupt computer networks or systems connected to, supporting or hosting the Facility; and
- c)
  comply with all laws, regulations, policies and procedures of networks connected to or which may be hosting this Facility.

3. Placing of Orders through the Facility

CGS MY shall be entitled to treat any and all Instruction and/or communication transmitted via the Facility as genuine and it shall be under no duty to verify the authenticity of such Instruction or communication. As such, I shall be responsible for any accidental, fraudulent or unauthorised Instruction or communication transmitted via the Facility. Upon notice or suspicion of any accidental, fraudulent or unauthorised transmission of Instruction or communication, I shall immediately notify CGS MY of the same.

As I am solely liable for the consequences for all Instructions transmitted by accessing the Facility (even if any such Instructions are incorrect, originate from a person other than the Authorised Persons (as defined in CGS MY’s General Terms and Conditions) or are miscommunicated due to a malfunction of the Facility, I cannot assert the absence of additional controls as a reason for rejecting commitments arising from Instructions transmitted via the Facility.

I will check the details of an Instruction before transmission as it may not be possible to cancel the same once transmitted. As a request to cancel or amend is only possible before such Instruction is executed, I agree to accept full responsibility for any full or partial execution of an Instruction whether or not I purport to, or otherwise have attempted to, cancel or amend such Instruction.

4. Privacy Policy

Maintaining clients’ trust is critical to CGS MY’s success. CGS MY believes in the importance of safeguarding its clients’ information while seeking to deliver premium financial solutions.

I hereby agree and consent that CGS MY and its Affiliates may collect use, disclose and process my personal information arising out of my use of this Facility in accordance with and for the purposes as stated in the privacy policy available at https://cgsi.com.my/up and, where applicable, any agreement I may have with CGS MY or its Affiliates.

5. Intellectual Property

I acknowledge that information found or provided on or via the Facility are the property of CGS MY or its Affiliates, or other information or service providers and are confidential or the subject of copyright or other applicable moral or intellectual property rights. I agree not to reproduce, hyperlink to, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit such information in any manner without the express written consent of CGS MY, or use such information or services for any unlawful or unauthorised purpose.

6. Disclaimer of Warranty

The information provided on or via this Facility is provided without any express or implied warranty as to its completeness or accuracy and is provided on an “as is” basis. CGS MY and its Affiliates make no warranty, guarantee or representation of any kind, express or implied, and to the extent permitted by the applicable laws, expressly disclaim all statutory or implied warranties in relation to the Facility and any results to be obtained from their respective use, including but not limited to warranties of satisfactory quality, quality or fitness for a particular purpose or use, accuracy, completeness, warranties arising from course of performance, course of dealing and usage of trade or their equivalents under the laws of any jurisdiction, warranties that the Facility will be uninterrupted, timely, secure or free of any virus or error and warranties that its functions will meet my requirements.

To the extent permissible by law, CGS MY and its Affiliates disclaim all liability arising whether directly or indirectly from the use, reliance or interpretation of information, opinion or estimate contained in or provided through the Facility by me or any party.

7. Third Party Services/Investment Products

- a)
  While certain third party services may be accessible through this UP Mobile App (the “Third Party Services”), such services are provided by third parties (which may be subject to additional terms and conditions) and not provided by CGS MY. Accordingly, and notwithstanding that:
  - (i)
    any Third Party Services are co-branded with this UP Mobile App;
  - (ii)
    any logos or trademarks of this UP Mobile App or CGS MY appear on any web pages relating to or offering the Third Party Services; or
  - (iii)
    any website or web page may be framed within this UP Mobile App,

CGS MY gives no warranty of any kind, implied, express or statutory (including but not limited to warranties of availability, satisfactory quality or fitness for a particular purpose) in conjunction with any Third Party Services or any products (including mutual funds) obtained through such services and your access and use of any Third Party Services is at your own risk.

- b)
  CGS MY shall also not be liable, (whether under contract or tort or other legal theory), for any damages or expense (including any direct, indirect, consequential or special damages) which you may suffer or incur as a result of using any Third Party Services or in connection with any products (including mutual funds) obtained through such services.
- c)
  Investments in any securities and/or products which may be accessible via the Third Party Services (the “Investment Products”) are not deposits or other obligations of, or guaranteed or insured by CGS MY or its affiliates and are subject to investment risks, including the possible loss of the principal amount invested. Past performance is not indicative of future performance. The value of the Investment Products and the income from them may fall as well as rise. All applications for Investment Products must be made on the application form accompanying the relevant prospectus, if required by applicable law. Investors should read the prospectus for details. Further, if you wish to use any Third Party Services you will have to abide by any terms and conditions imposed by such third parties in respect of such services.

8. Exclusion of liability and Indemnities

To the extent permitted under applicable law, CGS MY and its Affiliates shall not be liable for any liabilities, losses, costs, expenses, damages, claims or proceedings directly or indirectly arising from or in connection with:

- i)
  my use of the Facility (including the processing of any request or placing of orders through the Facility) not in accordance with these Terms of Use;
- ii)
  any unauthorised access and/or use of the Facility;
- iii)
  any event beyond the reasonable control of CGS MY or its Affiliates; and/or
- iv)
  the suspension, termination or discontinuance of access to the Facility.

I agree to indemnify CGS MY and its Affiliates (including its and their respective directors, officers and employees) (each an “Indemnified Person”) against all liabilities, losses, costs, expenses, damages, claims or proceedings (including legal costs on an indemnity basis) whatsoever and howsoever caused that may arise or be incurred by any Indemnified Person in connection with:

- i)
  any improper or unauthorised use of the Facility by me;
- ii)
  any act or omission by any relevant mobile or internet service provider;
- iii)
  any delay or failure in any transmission, despatch or communication facilities; or
- iv)
  any breach by me of these Terms of Use.

9. Additional Terms

I acknowledge that CGS MY is entitled, at any time without notice to me and without in any way being liable for any loss or damage whatsoever to me to amend, modify, suspend or terminate the operation of the Facility and/or suspend or terminate my access to and use of the same. CGS MY shall also be entitled to amend, add to, delete or otherwise vary these Terms of Use at its absolute discretion and I agree to be bound nonetheless.

I shall be responsible to regularly update or familiarize myself with the changes made to these Terms of Use and agree that my continued access of the Facility following the posting of changes to these Terms of Use will mean I accept those changes.

10. Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of Malaysia. A person who is not a party to these Terms of Use has no right to enforce any of these Terms of Use. I submit to the exclusive jurisdiction of the Malaysia Courts in all matters arising out of these Terms of Use.