YOU MUST READ THESE TERMS AND CONDITIONS

YOU MUST READ THESE TERMS AND CONDITIONS (the “Conditions”)
CAREFULLY BEFORE USING e-IPO SERVICES. BY PRESSING THE “ACCEPT”
BUTTON DISPLAYED AT THE END OF THIS WEBPAGE, YOU SHALL BE
DEEMED TO HAVE ACCEPTED AND BE BOUND BY ALL THE TERMS &
CONDITIONS BELOW.
1. Services
a. Subject to the following terms and conditions, CIMB Investment Bank Berhad
(“CIMB IB”) will provide on-line services and facilities from time to time as more
particularly described below (“e-IPO Services”) through an internet website operated
and/or maintained by or on behalf of CIMB IB (the "Website") to enable applicants
(“Applicants”) to make, via CIMB IB, applications (“Internet Applications”) in certain
issues of, offers for subscription of or invitations to subscribe for securities to be
listed on the Bursa Malaysia Securities Berhad and to which e-IPO Services apply
(“IPO”).
b. A copy of the electronic Prospectus/Information Memorandum/Knowledge Pack
that is issued, circulated or disseminated via the internet, and/or an electronic
storage medium, including but not limited to CD-ROMs or floppy disks (the
“Electronic Prospectus/Information Memorandum/Knowledge Pack”) and the
instructions in respect of each IPO will be made available on or otherwise accessible
through the Website. Any Applicant in doubt concerning the validity or integrity of an
Electronic
Prospectus/Information
Memorandum/Knowledge
Pack
should
immediately request a paper/printed copy of the Prospectus/Information
Memorandum/Knowledge Pack directly from the issuer of the IPO (“Issuer”), the
Adviser (if applicable, as defined in the Electronic Prospectus/Information
Memorandum/Knowledge Pack) or the Issuing House (as defined in the Electronic
Prospectus/Information Memorandum/Knowledge Pack). Alternatively, the Applicant
may obtain a copy of the Prospectus/Information Memorandum/Knowledge Pack
from participating organisations of Bursa Malaysia Securities Berhad, members of
the Association of Banks in Malaysia and members of Malaysian Investment
Banking Association in Malaysia, as more particularly set out in the respective
Prospectus/Information Memorandum/Knowledge Pack. In the event of any
discrepancies arising between the contents of an Electronic Prospectus/Information
Memorandum/Knowledge Pack and the contents of the paper/printed copy of the
Prospectus/Information Memorandum/Knowledge Pack for any reason whatsoever,
the contents of the paper/printed copy of the Prospectus/ Information
Memorandum/Knowledge Pack which are identical to the copy of the
Prospectus/Information Memorandum/Knowledge Pack registered with the
Securities Commission (where applicable) shall prevail. While all reasonable
measures have been taken to ensure the accuracy and reliability of the information
provided in an Electronic Prospectus/Information Memorandum/Knowledge Pack,
the accuracy and reliability of an Electronic Prospectus/Information
Memorandum/Knowledge Pack cannot be guaranteed as the internet is not a fully
secure medium.
c. By accepting these Conditions, each Applicant appoints and authorises CIMB IB
to submit an application to the Issuer on behalf of and in accordance with the
instructions of each Applicant. CIMB IB reserves the right to refuse to act upon an
Applicant's instructions if it does not receive sufficient funds from the Applicant at the
relevant time for settling the application money for the IPO or if, in CIMB IB's opinion,
there are reasonable grounds for such refusal. No Internet Application or
subscription monies can be accepted once the IPO closes, or where CIMB IB has
any
reason
to
believe
that
the
Electronic
Prospectus/Information
Memorandum/Knowledge Pack or processes for collection and handling of Internet
Applications have been tampered with, or (where applicable) duplicate or multiple
Internet Applications have been made to the Issuer.
d. Where CIMB IB submits an application pursuant to Condition 1(c) above, CIMB IB
acts as the agent of the relevant Applicant for the purpose of applying for the IPO
and is not the agent for the parties involved in the IPO.
e. All IPO shares/ETBS subscribed or purchased pursuant to these Conditions will
be held under the Central Depository System account registered in the Applicant's
name (and not under a nominee’s name) opened with CIMB IB (“Securities
Account”).
f. In addition to the Internet Application, the Applicant may also alternatively make
applications for IPOs through the existing manual, paper-based applications as well
as the Electronic Application system which operates via Automated Teller Machines
of participating financial institutions or such other medium as may from time to time
be permitted by the Securities Commission. The Applicant shall submit only one
application for the IPO using 1 of the methods specified above.
2. Governing Conditions
a. The use of and all transactions and dealings effected by using e-IPO Services are
subject to the Conditions, and all other terms and conditions of CIMB IB applicable
from time to time including those set out in the e-IPO Services or elsewhere on the
Website. Such other terms and conditions shall apply as if they were expressly
extended to the use of the e-IPO Services.
b. Where relevant, the terms and conditions of the i*Trade@CIMB account shall also
apply and accordingly, such terms and conditions shall be deemed to have been
incorporated herein.
c. Each Internet Application shall also be subject to the terms and conditions of the
relevant IPO which are contained in the Electronic Prospectus/Information
Memorandum/Knowledge Pack relating thereto.
d. So far as the provision of the e-IPO Services is concerned, where there is any
discrepancy between the Conditions and the terms and conditions relating to the
specific IPO, these Conditions shall prevail.
3. Responsibility of CIMB IB
a. CIMB IB is solely responsible for the contents and the operation of the Website
through which the e-IPO Services are provided. Other than the Electronic
Prospectus/Information Memorandum/Knowledge Pack and, where applicable, the
relevant e-IPO application form, the Issuer or its agents have not, and shall not be
deemed to have, authorised and shall not be responsible for the contents and the
operation of the same. The Issuer is not responsible to the Applicant in the event
that CIMB IB fails to make a valid Internet Application on behalf of the Applicant
under any circumstances.
b. CIMB IB shall not have any liability in respect of, is not responsible for, has not
authorised and shall not be deemed to have authorised the contents of the
Electronic Prospectus/Information Memorandum/Knowledge Pack and, where
applicable, the e-IPO application form relating thereto.
c. CIMB IB is not the investment adviser of the Applicant and shall not be
responsible for any loss which the Applicant may suffer as a result of his/her
investment using the e-IPO Services.
d. CIMB IB will take reasonable precautions to preserve the confidentiality of
information relating to the Applicant furnished by the Applicant to CIMB IB in
connection with the use of the e-IPO Services. However, CIMB IB is authorised by
the Applicant to disclose any information it has concerning the Applicant to CIMB
Bank Berhad and its subsidiaries (collectively referred to as the “CIMB Group”) and
any person appointed by it in connection with the e-IPO Services or otherwise for the
purpose of performing its obligations under these Conditions.
e. CIMB IB is authorised, at its discretion, to take such steps as it may consider
expedient to enable it to provide the e-IPO Services including the right to comply
with any law, regulation, order, directive, notice or request from any government or
regulatory authority (whether or not having the force of law), or rules and regulations
of any system providing central clearing and settlement facilities, requiring CIMB IB
to take or refrain from taking action.
f. CIMB IB shall not be liable for any loss, damage or expense suffered by an
Applicant by virtue of any delay in acting on any instruction or any partial completion
of or failure or inability to act on any instruction of an Applicant for whatever reason
(including, without limitation, any failure or error of any computer or electronic
system or equipment).
4. Eligibility for Making an Internet Application under e-IPO Services
a. The e-IPO Services are only offered to eligible persons who are qualified to apply
for the relevant IPO in accordance with the terms and conditions of such IPO.
b. An Applicant making an Internet Application through e-IPO Services shall:(i) be an individual with a Securities Account;
(ii) have an existing account with CIMB IB and be a registered user of
i*Trade@CIMB and must have ready a user identification (“User ID”) and Personal
Identification Number (“PIN”)/password therefor; and
(iii) be a Malaysian citizen and have a mailing address in Malaysia.
c. An Internet Application by the Applicant shall be made on and shall be subject to
the terms of the Electronic Prospectus/Information Memorandum/Knowledge Pack
and the Issuer’s Memorandum and Articles of Association.
d. By making an Internet Application for the IPO using the e-IPO Services, an
Applicant confirms and undertakes that the following is true, accurate, complete and
up-to-date:(i) the Applicant has attained 18 years of age as at the date of the Internet
Application for the relevant IPO;
(ii) the Applicant is a Malaysian citizen residing in Malaysia;
(iii) the Applicant has, prior to making the Internet Application, received and/or has
had access to a printed/electronic copy of the Prospectus/Information
Memorandum/Knowledge Pack, the contents of which the Applicant has read and
fully understood;
(iv) the Applicant agrees to all the terms and conditions of the Electronic
Prospectus/Information Memorandum/Knowledge Pack and has carefully considered
the
risk factors set out in
the
Electronic
Prospectus/Information
Memorandum/Knowledge Pack, where applicable, in addition to all other information
contained in the Electronic Prospectus/Information Memorandum/Knowledge Pack
before making the Internet Application for the IPO;
(v) this is the only application submitted by the Applicant for the relevant IPO;
(vi) the Applicant authorises the relevant authorised financial institution selected by
the Applicant to deduct the full amount payable for the IPO including CIMB IB’s
processing fees from the Applicant’s account with the said authorised financial
institution;
(vii) the Applicant gives express consent in accordance with the relevant laws of
Malaysia (including but not limited to Section 99 of the Banking and Financial
Institutions Act, 1989 and Section 45 of the Securities Industry (Central Depositories)
Act, 1991) to the disclosure by CIMB IB, the relevant authorised financial institution
and/or the Bursa Malaysia Depository Sdn Bhd, as the case may be, of information
pertaining to the Applicant, the Internet Application made by the Applicant through eIPO Services or the Applicant’s account with CIMB IB, to the Issuing House and the
authorised financial institution, the Securities Commission and any other relevant
authority;
(viii) the Applicant is not applying for the IPO as a nominee of any other person and
the Internet Application is made in the Applicant’s own name, as beneficial owner
and subject to the risks referred to in the Electronic Prospectus/Information
Memorandum/Knowledge Pack;
(ix) the Applicant must satisfy other requirements as shall be specified by the Issuer
and/or CIMB IB, if any.
e. Only individual Applicants can utilise the e-IPO Services. Corporations or
partnerships cannot apply for an IPO using e-IPO Services.
5. Completing the e-IPO application form under e-IPO Services
a. It is the responsibility of the Applicant to read and fully comply with the Electronic
Prospectus/Information Memorandum/Knowledge Pack and the relevant Internet
Application instructions prior to making an Internet Application for the IPO under the
e-IPO Services.
b. The Applicant must input the requisite information in all the applicable parts on the
e-IPO application form and represents that all such information provided to CIMB IB
is true, accurate, complete and up-to-date. Internet Applications which do not contain
all the requisite information will be rejected.
c. Applicants must apply for at least the minimum number of securities specified
under each IPO. Internet Applications in respect of more than such minimum
requirement must be in the multiples set out in the terms and conditions of the
relevant IPO as set
out in
its Electronic
Prospectus/Information
Memorandum/Knowledge Pack and, where applicable, the e-IPO application form.
d. Multiple Internet Applications for each Issuer is prohibited.
e. Internet Applications shall close at 5.00pm on the Closing Date (as defined in the
Electronic Prospectus/Information Memorandum/Knowledge Pack) or such other
time as the Issuer, the Offeror (where relevant) and the Managing
Underwriter/Underwriter/Lead Manager(s) (where relevant), may in their absolute
discretion mutually decide. An Internet Application is deemed to be received only
upon its completion, that is, when the Confirmation Screen is displayed on the
Website. Applicants are advised to print out and retain a copy of the Confirmation
Screen for record purposes. Late Internet Applications will not be accepted.
6. Confirmation and Acknowledgement of Receipt of Instructions
a. The Applicant shall confirm the accuracy of the information in the e-IPO
application form and the instruction to CIMB IB to apply for the IPO by clicking the
relevant button. By doing so, the Applicant warrants to CIMB IB that all the
information provided in the e-IPO application form is true, accurate, complete and
up-to-date in all respects. Once any instruction to apply for the IPO shares/ETBS
under the e-IPO Services is given, it may not be revoked or withdrawn by the
Applicant and it shall constitute an offer by the Applicant to subscribe or purchase
the IPO pursuant to the terms and conditions of the IPO, these Conditions and all
other applicable terms and conditions including, without limitation, those set out in
the e-IPO Services or elsewhere on the Website. All instructions which have been
confirmed and acknowledged by or on behalf of CIMB IB in the manner described in
Condition 6(b) below, shall be irrevocable and binding on the Applicant, whether
given by the Applicant or by any other person purporting to be the Applicant. CIMB
IB and the relevant member of the CIMB Group shall be under no duty to verify the
identity or authority of the person giving any such instruction or the authenticity of
such instruction. The Applicant agrees to safeguard his/her user name, password or
other access codes under its i*Trade@CIMB account and the Applicant authorises
CIMB IB to assume that any person making an Internet Application under the e-IPO
Services with his/her user name, password or other access codes, is the Applicant.
b. CIMB IB will acknowledge the receipt of an instruction to apply for the IPO through
the e-IPO Services. Once CIMB IB receives a confirmation from an authorised
financial institution that the relevant Internet Application money paid by the Applicant
for the instruction to apply for the IPO has been received, CIMB IB will submit the
application on behalf of the Applicant. Applicants should be aware that an
acknowledgement from CIMB IB or on its behalf that an instruction to apply for the
IPO has been received does not constitute an acceptance by the Issuer of an offer
by the Applicant to subscribe or purchase the IPO from the Issuer pursuant to the
IPO.
c. Applicants should note that an acknowledgement from CIMB IB or on its behalf
that an instruction to apply for the IPO has been received does not constitute
acknowledgement or confirmation by CIMB IB that such instruction will be
processed. CIMB IB will only process an instruction from an Applicant if, among
other things, CIMB IB receives and is credited with the relevant Internet Application
money by an authorised financial institution. An authorised financial institution shall
be such financial institution as shall be designated by CIMB IB from time to time and
as provided under the e-IPO services.
d. All particulars of the Applicants in the records of CIMB IB at the time of the
Internet Application shall be deemed to be true and correct, and the Issuer, CIMB IB,
the Issuing House and all other persons who, are entitled or allowed under the law to
such information or where the Applicant expressly consents to the provision of such
information shall be entitled to rely on the accuracy thereof. The Applicant shall
ensure that the personal particulars of the Applicant as recorded by both Bursa
Malaysia Depository Sdn Bhd and CIMB IB are correct and identical, otherwise, the
Applicant’s Internet Application is liable to be rejected. The notification letter on
successful allotment will be sent to the Applicant’s address last registered with Bursa
Malaysia Depository Sdn Bhd. It is the responsibility of the Applicant to notify CIMB
IB and Bursa Malaysia Depository Sdn Bhd of any changes in the Applicant’s
personal particulars that may occur from time to time.
7. Sufficiency of Funds with Authorised Financial Institution
a. Each Applicant shall effect payment of the Internet Application money for the IPO
through an authorised financial institution.
b. Each Applicant must ensure that there are sufficient funds in his/her account held
with the authorised financial institution at the time of making the relevant Internet
Application to cover and pay for the Internet Application and the related processing
fees, charges and expenses, if any, to be incurred, failing which the Internet
Application will not be deemed complete, notwithstanding the display of the
Confirmation Screen. Any Internet Application which does not conform strictly to the
instructions set out in the Prospectus/Information Memorandum/Knowledge Pack or
any instructions displayed on the screens of the Website through which the Internet
Application is made shall be rejected.
c. The application will not be successfully completed and cannot be recorded as a
completed application unless the applicant has completed all relevant application
steps and procedures for the Internet Application which would result in CIMB IB
displaying the Confirmation Screen. For the purposes hereof, “Confirmation Screen”
shall mean the screen which appears or is displayed on the Website, which confirms
that the Internet Application has been completed and states the details of the
Applicant’s Internet Application, including the number of IPOs applied for which can
be printed out by the Applicant for his/her records. Upon the display of the
Confirmation Screen, the Applicant shall be deemed to have confirmed the truth of
the statements set out in Condition (4)(d) herein.
8. Submission of Internet Application for IPO
a. Upon receipt of the duly completed Internet Application details (as evidenced by
the acknowledgment from CIMB IB or on its behalf pursuant to Condition 6(b)) and
the Internet Application monies in accordance with these Conditions provided always
that the Applicant is not in breach of any of these Conditions, CIMB IB (and not the
Issuer or its agent) will submit an Internet Application on behalf of each Applicant.
b. CIMB IB reserves the right not to submit an Internet Application on behalf of an
Applicant if, in its reasonable opinion, there are grounds (whether resulting from
legal or regulatory requirements or otherwise) for such refusal. In such case, any
amount paid to CIMB IB will be refunded (in full but without interest or any share of
revenue or other benefit arising therefrom) in accordance with Condition 11(a).
9. Notification of Results and Supplementary Prospectus/Information
Memorandum/Knowledge Pack
CIMB IB shall not be obliged to notify the Applicants of the results of their Internet
Application. The Applicant should check the status of his/her Internet Application at
the Application Status page on the Website. In the event a supplementary
prospectus/information memorandum/knowledge pack is issued, the Applicant is
entitled to revise his/her Internet Application once, within a certain timeframe as
specified in the supplementary prospectus/information memorandum/knowledge
pack.
Should
there
be
a
supplementary
prospectus/information
memorandum/knowledge pack issued, a notice/advertisement will be published in a
widely circulated Bahasa Malaysia and English newspaper. In addition, a written
notice
together
with
the
supplementary
prospectus/information
memorandum/knowledge pack will be sent to each Applicant.
10. Authorisation to credit the securities to the Securities Account
Applicants applying for the IPO using the e-IPO Services irrevocably authorise Bursa
Malaysia Depository Sdn Bhd to credit any securities allotted to him/her pursuant to
the relevant IPO, to his/her Securities Account.
11. Refund of Application Money
a. Where the Internet Application has been rejected because the Applicant has failed
to comply fully with the Conditions and other relevant terms and conditions set out in
the e-IPO Services or elsewhere on the Website or if CIMB IB has grounds not to
process an Applicant's instructions, CIMB IB will arrange for a refund of the
application money (but without interest or any share of revenue or other benefit
arising therefrom) to the Applicant by crediting the relevant sum to the Applicant’s
account with the authorised financial institution as specified in the e-IPO application
form within two (2) Market Days after such rejection or two (2) Market Days after its
receipt of the relevant advice from the Issuing House. If an Internet Application is
duly submitted but is unsuccessful (or only partly successful), CIMB IB will arrange
for a refund of the application money (or any part thereof, but without interest or any
share of revenue or other benefit arising therefrom) within two (2) Market Days after
its receipt of the relevant advice from the Issuing House.
b. If applicable, in the event that the offer price (as finally determined) is less than
the application money initially paid by the Applicant on application, the Issuing
House will arrange to refund the surplus application money (but without interest or
any share of revenue or other benefit arising therefrom) to the Applicant in
accordance with the terms and conditions of the relevant IPO.
c. A number of applications will however be held in reserve to replace any
successfully balloted applications that are subsequently rejected. In respect of
successfully balloted applications that are subsequently rejected, the application
monies (without interest or any share of revenue or other benefit arising therefrom)
will be refunded to Applicants by the Issuing House by way of cheques issued by the
Issuing House. For applications which are held in reserve and are subsequently
unsuccessful (or only partly successful), CIMB IB will arrange for a refund of the
application money (or any part thereof, but without interest or any share of revenue
or other benefit arising therefrom) not later than ten (10) Market Days from the date
of the final ballot of the application list by the Issuing House.
12. Applicants' Responsibilities
a. The Applicant agrees to read the terms and conditions and the Internet
Application procedures set out in the Electronic Prospectus/Information
Memorandum/Knowledge Pack and agrees to be bound by them before making an
Internet Application using e-IPO Services and warrants to CIMB IB that he/she is in
full compliance with the terms and conditions and Internet Application procedures of
the IPO.
b. The Applicant agrees to use e-IPO Services in strict compliance with the
Conditions and the provisions (in particular, the terms and conditions of the IPO, the
risk factors and the selling restrictions) set out in the Electronic
Prospectus/Information Memorandum/Knowledge Pack, the e-IPO Services and
other instructions set out in the Website. The Applicant further acknowledges that
CIMB IB is not required to submit an Internet Application on behalf of the Applicant if
such Applicant fails to comply with any of the foregoing.
c. The Applicant undertakes and agrees to subscribe for and accept the IPO
shares/ETBS applied for, or any lesser number allocated to him/her pursuant to the
Internet Application. In the event that the Issuer decides to allot any lesser number of
such IPO shares/ETBS or not to allot any of the IPO to the Applicant, the Applicant
agrees to accept any such decision of the Issuer as final.
d. In the course of completing the Internet Application on the Website, the
confirmation by the Applicant of the number of IPO shares/ETBS applied for (by way
of the Applicant’s action of clicking the designated hyperlink on the relevant screen
of the Website) shall be deemed to signify and shall be treated as:(i) acceptance by the Applicant of the number of IPO shares/ETBS that may be
allotted or allocated to the Applicant in the event that the Applicant’s Internet
Application is successful or successful in part, as the case may be; and
(ii) the Applicant’s agreement to be bound by the Memorandum and Articles of
Association of the Issuer.
e. The Applicant is fully aware that multiple or suspected multiple Internet
Applications for each Issuer will be rejected. Further, the Issuer reserves the right to
reject any Internet Application or accept any Internet Application in part only without
assigning any reason therefor.
f. The Applicant authorises CIMB IB to disclose and transfer to any person, including
any government or regulatory authority in any jurisdiction, the Issuer or other
relevant parties in connection with the IPO, all information relating to the Applicant if
required by any law, regulation, court order or any government or regulatory
authority in any jurisdiction or if such disclosure and transfer is, in the reasonable
opinion of CIMB IB, necessary for the provision of the e-IPO Services or if such
disclosure is requested or required in connection with the IPO.
g. The Applicant shall not, and shall not attempt to decompile, reverse-engineer,
translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper
with, or gain access to, any part of the e-IPO Services or any Website or any
software comprised in them.
h. The Applicant shall not, and shall not attempt to, copy, reproduce, republish,
frame, upload to a third party, transmit or distribute the whole or any part of the
Electronic Prospectus/Information Memorandum/Knowledge Pack, the e-IPO
application form and/or the e-IPO Services.
i. By using the e-IPO Services, the Applicant agrees to assume the risks associated
with conducting transactions on the Website and through the internet, including risks
of electrical, electronic, technical and computer-related faults and breakdowns, faults
with computer software, problems occurring during data transmission, computer
security threats such as viruses, hackers and crackers, fires, acts of God and other
events beyond the control of CIMB IB, the authorised financial institution and/or the
Issuer which results or may result in (i) interruption, transmission blackout or delayed
transmission; and/or (ii) incorrect data transmission due to the public nature of the
internet and agrees to bear such risks. If, in any such event, the Issuer, the Issuing
House and/or CIMB IB and/or the authorised financial institution does not receive the
Applicant’s Internet Application and/or the payment therefor, or in the event that any
data relating to the Internet Application or the tape or any other devices containing
such data is lost, corrupted, destroyed or otherwise not accessible, whether wholly
or partially and for any reason whatsoever, the Applicant shall be deemed not to
have made an Internet Application and the Applicant shall have no claim whatsoever
against the Issuer, the Issuing House or CIMB IB and the authorised financial
institution in relation to the IPO shares/ETBS applied for or for any compensation,
loss or damage whatsoever, as a consequence thereof or arising therefrom. The
Applicant agrees that neither the Issuer nor CIMB IB shall be liable for any delay,
failure or inaccuracy in the recording, storage or transmission or delivery of data
relating to the Internet Application to the Issuing House or Bursa Malaysia
Depository Sdn Bhd due to any breakdown or failure of transmission, delivery or
communication facilities or due to any risks referred to above or to any cause
beyond their control.
j. Any data, information, files or other material downloaded from the Website is done
at the Applicant’s own discretion and risk. CIMB IB shall bear no responsibility,
liability or obligation whatsoever in respect of any damage to the Applicant’s
computer system or loss of data resulting from the downloading of any such data,
information, files or other material.
k. CIMB IB shall not be subject to any liability whatsoever (whether in tort or contract
or otherwise) for any loss, damage or costs whatsoever suffered or incurred by an
Applicant or any other person due to, as a consequence of or in connection with any
inaccuracies, changes, alterations, deletions or omissions in respect of the
information
provided
in
an
Electronic
Prospectus/Information
Memorandum/Knowledge Pack or the e-IPO Services which may arise in connection
with or as a result of any fault or faults with web browsers or other relevant software,
any fault or faults on an Applicant’s or any third party’s personal computer, operating
system or other software, viruses or other security threats, unauthorised access to
information or systems in relation to the Website, and/or problems occurring during
data transmission; which may result in inaccurate or incomplete copies of
information being downloaded or displayed on an Applicant’s personal computer.
The Applicant shall hold CIMB IB harmless from any damages, claims or losses
whatsoever, as a consequence of or arising from any rejection of the Applicant’s
Internet Application by the Issuing House, the Issuer and/or CIMB IB for reasons of
multiple application, suspected multiple application, inaccurate and/or incomplete
details provided by the Applicant, or any other cause beyond the control of CIMB IB.
l. The Applicant should rely on his/her own evaluation to assess the merits and risks
of the investment in the securities applied for under the IPO. The Applicant
acknowledges that it is the sole responsibility of the Applicant to determine
independently whether to make an application for securities in respect of the IPO
and to seek independent professional advice on legal, tax and other issues in
connection with the use of the e-IPO Services, the Conditions, the Electronic
Prospectus/Information Memorandum/Knowledge Pack and any transactions and
dealings which may affect the Applicant under all applicable laws.
m. The Applicant undertakes that at all times it has all authorisations and consents
necessary for the transfer, use, control or processing of personal data and other
information furnished to or received by CIMB IB in connection with or pursuant to the
use of the e-IPO Services. The Applicant shall indemnify CIMB IB and other
members of the CIMB Group against any damages, losses, costs or liabilities arising
out of or in connection with any claims against CIMB IB or any other member of the
CIMB Group that the transfer, use, control or processing of personal data and other
information pursuant to the provision of services under the e-IPO Services by CIMB
IB infringes any individual's rights or violates any law, rules or regulations.
n. By making and completing an Internet Application, the Applicant is deemed to
have agreed that:-
(i) the acceptance of the offer made by the Applicant to subscribe for the IPO for
which the Applicant’s Internet Application has been successfully completed shall be
constituted by written notification in the form of the issue of a notice of allotment by
or on behalf of the Issuer and not otherwise, notwithstanding the receipt of any
payment by or on behalf of the Issuer;
(ii) the Applicant is not entitled to exercise any remedy of rescission for
misrepresentation at any time after acceptance of the Applicant’s Internet Application
by the Issuer;
(iii) in making the Internet Application, the Applicant has relied solely on the
information
contained
in
the
Electronic
Prospectus/Information
Memorandum/Knowledge Pack. The Issuer, the Underwriter/the Lead Manager(s),
the Adviser (if applicable) and any other person involved in the IPO shall not be
liable for any information not contained in the Electronic Prospectus/Information
Memorandum/Knowledge Pack which may have been relied on by the Applicant in
making the Internet Application;
(iv) the acceptance of an Applicant’s Internet Application by the Issuer and the
contract resulting therefrom under the IPO shall be governed by and construed in
accordance with the laws of Malaysia, and the Applicant irrevocably submits to the
jurisdiction of the courts of Malaysia.
13. Fees, Expenses and Rebates
a. CIMB IB (or the relevant member of the CIMB Group) is entitled to receive and
retain any rebate whether in the form of a fee or commission or otherwise arising out
of or in connection with the IPO successfully allotted to the Applicants. CIMB IB and
other members of the CIMB Group will, without any liability to account to the
Applicants, remain entitled to retain any fees, commissions or rebates, received by
CIMB IB and/or other members of the CIMB Group in its/their various capacities in
connection with a IPO and any Internet Applications.
b. CIMB IB reserves the right to impose processing fees and charges in relation to
the use of the e-IPO Services and to revise such fees and charges from time to time.
Such fees and charges shall be in addition to, and not in lieu of, any other fees and
charges which the Applicants may be required to pay in relation to their accounts
with CIMB IB. Fees and charges may be collected from the Applicant in such
manner and at such intervals as CIMB IB may specify. All fees, charges and
expenses charged by CIMB IB are not refundable unless otherwise specified.
14. Performance
CIMB IB may sub-contract, outsource or delegate the performance of any part of the
e-IPO Services to any third parties or otherwise appoint any other person as its
nominee or agent to perform any part of the e-IPO Services on its behalf.
15. Amendments
CIMB IB may revise the Conditions and/or introduce additional terms and conditions
at any time and from time to time. Any revision and/or addition to the Conditions
shall become effective subject to CIMB IB's notice which may be given to the
Applicant by posting it on the Website(s) or by display, advertisement or other
means as CIMB IB thinks fit and such revision and/or addition to the Conditions shall
be binding on the Applicant if the Applicant continues to maintain or use the e-IPO
Services on or after the effective date of variation.
16. Structured Warrants Risk Disclosure Statement
The Applicant understands and accepts the following in relation to IPOs of structured
warrants:(i) the purchaser of a structured warrant is subject to the risk of losing the full
purchase price of the structured warrant and all transaction costs;
(ii) in order to realise any value from a structured warrant, it is necessary to sell the
call warrants or exercise the structured warrants on or before their expiry date;
(iii) under certain conditions, it may become difficult to sell the call warrants;
(iv) upon exercise of the structured warrants, the Issuer may settle its obligations via
actual delivery of the underlying assets, in cash or a combination of both depending
on the terms of the issue of the structured warrants;
(v) the placing of contingent orders, such as “stop-loss” or “stop limit” orders, will not
necessarily limit the Applicant’s losses to the intended amount. Market conditions
may not make it possible to execute such order;
(vi) the high degree of leverage that is obtained from structured warrants because of
the small initial outlay, can work against the Applicant as well as in his/her favour.
The use of the leverage can lead to large losses as well as gain; and (vii) this brief
statement cannot disclose all risks associated with trading in structured warrants.
Structured warrants:
means individually or collectively as the context may require, call warrants, put
warrants, basket warrants, bull equity-linked structures or such other structures
that may be specified by Bursa Malaysia Securities Berhad from time to time.
17. Security of System
CIMB IB is committed to protecting the security of the Applicant’s personal
information. It uses a variety of security technologies and procedures, to help protect
the confidentiality and security of an Applicant’s personal information provided
through the Website, from unauthorised access, use, or disclosure. In addition,
CIMB IB has put in place appropriate measures to prevent and minimise risks of
unauthorised access and maintain data security it collects online.
18. Good and Service Tax
Without prejudice to any other provision herein, the Applicant shall be liable for any
Malaysian goods and services tax payable in connection with or arising out of this
Conditions or any services in connection therewith. The tax invoice will be issued,
transmitted or made available to the Applicant by electronic means and the Applicant
hereby agrees and consents to receiving such electronically transmitted tax invoice.