Opus Touch

Terms and Conditions of Use

Introduction and Acceptance
1. Please read carefully and understand these terms and conditions before you proceed to register and access the use of this Portal.
2. By registering to use OPUS Touch (��this Portal��), you agree to follow the Terms and Conditions of Use Policy, to utilise this Portal only for bona fide and lawful purposes and services permitted under the Terms and Conditions and to update your software and hardware if necessary to use this Portal. Opus Asset Management Sdn. Bhd. (��OpusAM��) shall have the right at any time to change or discontinue any aspect or feature, of this Portal, including, but not limited to, contents, hours of availability and software and hardware requirements for access and utilisation.
3. This Terms and Conditions apply to all accounts opened and maintained with OpusAM.
4. By accessing this Portal, it is deem that you understand and agree to be bound by this Terms and Conditions contained herein.
5. If you do not agree to this Terms and Conditions, you are advised to discontinue the access and/or use of this Portal immediately.
6. All products and services of OpusAM herein provided are subject to the terms of the applicable funds�� prospectus and its supplemental prospectus (if any), information memorandum and its supplemental information memorandum (if any) (collectively known as ��Funds Documents��). These terms and conditions are meant to regulate your access to this Portal and they are to be read together with the applicable Funds�� Documents governing any transaction(s), product(s) and/or service(s) provided in this Portal. In the event of conflict between these terms and conditions and the terms of the Funds�� Documents provided herein, the latter will prevail.
7. All references in these Terms and Conditions of Use Policy to ��we,�� us,�� or ��our�� shall refer to OpusAM. All references in these Terms and Conditions of Use Policy to ��you�� or ��your�� shall refer to the users of this Portal.

Login and Password Details
1. You must keep your user ID and password secured at all times. You must not disclose your user ID or password to, or share it with any third party and maintain the confidentiality of your password at all times.
2. You are fully responsible for all activities that occur throughout the use of your ID and password.
3. Unauthorised use of password or suspicious activities in relation to your account in this Portal may lead to immediate revocation of your access to this Portal.
4. You must immediately notify OpusAM if you become aware that your password details have been compromised or has been disclosed to a third party or there has been unauthorised use of your account and login details.

User Details
1. You warrant that all information provided by you in connection with your use of this Portal is complete, current, and accurate and is not misleading, and that you will not misrepresent your identity.
2. You agree that OpusAM may rely on that information unless and until it receives notice from you of any change or update to the information provided by you. Any such varied information will be covered by this warranty.

Access to this Portal
1. The accessibility and operation of this Portal relies on internet technologies outside of OpusAM's control. OpusAM does not guarantee continuous accessibility or uninterrupted operation of this Portal.
2. OpusAM will not be liable for any losses, damages, costs and/or expenses resulting from any delays in operation or transmission, communication failures, internet access difficulties and malfunctioning of hardware equipment or software.
3. This Portal shall not be used in any other manner except as authorised by OpusAM. All registered users of this Portal hereby agree to use this Portal only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Portal by any other registered users or OpusAM.

Cookies
1. This Portal may use cookies.
2. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to another web server and is stored by an internet browser. The identifier is then sent back to the server each time the browser requests a page from the server.
3. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand will expire at the end of the user session, when the web browser is closed.
4. Cookies do not typically contain any information that personally identify a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
5. We may use both session and persistent cookies on this Portal.
6. Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use some of the features on this Portal.
7. You can delete cookies already stored on your computer or other electronic devices. Deleting cookies will have a negative impact on the usability of many websites.

Users�� Obligations and Restrictions
1. You shall be solely responsible for:-
  1. The installation, setting-up, suitability and configuration of equipment (including hardware and software) for the access to this Portal.
  2. Obtaining, at your own cost, all licenses, permits, consents, approvals and rights (including without limitation, intellectual property rights) as may be (if any) required to use this Portal.
  3. Protecting the secrecy of all information related to the use of this Portal and not revealing the same to any other person(s).

Indemnity
1. You hereby irrevocably agree to indemnify and keep indemnified OpusAM from all liabilities, claims, losses and expenses that may be incurred by OpusAM in connection with or arising from:
  1. Your use or misuse of this Portal and the services provided herein;
  2. Your breach of these Terms and Conditions howsoever occasioned; and/or
  3. Any intellectual property right or proprietary right infringement claim made by a third party against OpusAM in connection with your use of this Portal.

Limitation of liability
1. OpusAM will not be liable for any losses, claims, damages, costs and/or expenses of any kind resulting from:
  1. the use or inability to use this Portal;
  2. unauthorised access or alterations of your transmissions to or from this Portal;
  3. activities resulting from the loss or misuse of your user ID, password or other access mechanism;
  4. statements or conduct of any third party;
  5. any alterations, amendments and/or modifications by you on the data and/or reports extracted or printed from this Portal;
  6. any inaccuracies, errors and omissions in the content of this Portal or defects, interruptions or delays in the e-service;
  7. any electronic viruses or worms or any other software classified as "malware"; or
  8. any use or missue of this Portal and services provided herein.
2. In addition to the above, in no event shall OpusAM be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of this Portal, with the delay or inability to use this Portal, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this Portal, or otherwise arising out of the use of this Portal, whether based on contract, tort, strict liability or otherwise.

Copyright
1. As registered user(s) of this Portal, you hereby agree that this Portal and its content including any graphic, text, script, photograph, image and other multimedia work or any combination thereof which is available on this Portal and services is at all times protected by copyright and any other applicable intellectual property or proprietary rights, all of which are at all times owned exclusively by OpusAM or the relevant third party vendor, affiliate or other third person, where applicable. Copyright in the data and/or reports contained on this Portal is solely owned by OpusAM. No part of this Portal may be commercially dealt with in any manner (including, but not limited to, being used as part of OpusAM��s product marketing material(s) for any offer, acceptance, agreement, or solicitation to sell or offer to sell or distribute OpusAM��s products and/or services) without the prior written consent from OpusAM. Prior written consent from OpusAM must be obtained before this Portal may be linked to any other websites or portals. Any person who links to this Portal without prior written consent from OpusAM shall be liable for any claim arising out of the unauthorised linking.
2. The data and/or reports contained in this Portal is solely for the use of users with registered IDs and passwords with OpusAM. In any event these user(s) wish to furnish such data and/or reports to any third party (whether directly/indirectly related to the users as their own customers), they must first obtain prior express consent from OpusAM.

Confidential Information
1. By accessing this Portal, you hereby confirm that you have read, understood and agreed to be bound by OpusAM��s Privacy Notice which is available at https://www.opusasset.com/privacy-notice/ and the Terms and Conditions herein, as may relate to the processing of your personal information. For the avoidance of doubt, you agree that the Privacy Notice shall be deemed to be incorporated by reference into these Terms and Conditions.
2. Pursuant to your access to this Portal, OpusAM will not edit or disclose your Confidential Information unless required in accordance with any legislation, laws or regulations that shall be enforced from time to time or to provide the services provided in this Portal to you.

Privacy
1. By accessing this Portal, you hereby confirm that you have read, understood and agreed to be bound by OpusAM��s Privacy Notice which is available at https://www.opusasset.com/privacy-notice/ and the Terms and Conditions herein, as may relate to the processing of your personal information. For the avoidance of doubt, you agree that the Privacy Notice shall be deemed to be incorporated by reference into these Terms and Conditions.
2. In some circumstances, you may have provided personal and financial information relating to others (e.g. joint applicant, spouse and/or related parties) for the Purpose in the Privacy Notice. In such cases, you represent and warrant that you had or have their consent or are otherwise entitled to provide their information to OpusAM.
3. You may request for access to, correction, or deletion of your personal information or limit the processing thereof at any time hereafter. Any enquiries, assistance or complaints with respect to your personal information may also be channeled to OpusAM by submitting such request to OpusAM via post, email or facsimile transmission or via telephone call to the following:
  
  OPUS ASSET MANAGEMENT SDN BHD
  Address : B-19-2, Northpoint offices,
  Mid Valley City,
  No 1, Medan Syed Putra Utara,
  59200 Kuala Lumpur
  Telephone No. : +603 2288 8833
  Facsimile No. : +603 2288 8889
  Email : clientservices@opusasset.com
  
  In addition, you are advised to review our Privacy Policy in OpusAM website at https://www.opusasset.com/privacy-notice/.

Disclaimer
1. OpusAM does not guarantee that access to this Portal or the registered users' login will be uninterrupted or free from errors or that there will be no interruptions, delays, failures or loss of transmitted information or viruses. However, OpusAM will endeavour to ensure that all necessary measures are taken to limit the possibility of such issues occurring.
2. OpusAM makes no representations or warranties, express or implied, with respect to the accuracy of the information in this Portal or its fitness for any other particular purpose except for its intended purposes and does not accept any liability (including, but not limited to, any direct, indirect or consequential losses, loss of profits and damages) for any use you may make of the contents of this Portal or for any loss that may arise from the use of this Portal or reliance by any other person (including, but not limited to any third party) upon the information provided in this Portal.
3. Any report or information from this Portal may not be copied, reproduced, distributed or published by any recipient for any purpose unless prior written consent is obtained from OpusAM.
4. If at any time any provision, or part of any provision, of this disclaimer is, or becomes, illegal, invalid or unenforceable in any respect under any applicable laws, it shall not affect the legality, validity or enforceability of any other provision, or part of that provision, of this disclaimer.

Internet Risk
1. You are advised to review our Internet Risk Policy in OpusAM website at https://www.opusasset.com/internet-risk/ .

Termination
1. OpusAM reserves the right to terminate and/or restrict your access to this Portal and/or your use of this Portal at any time, for whatsoever reason in particular, and without limitation. OpusAM may terminate and/or suspend your access should you violate any of these Terms and Conditions, the terms in the applicable Funds�� Documents or violate the rights of OpusAM, or any other registered user(s), or any third party.

Variation of Terms
1. OpusAM reserves the right to amend, vary, add to or delete these Terms and Conditions herein contained at any time and the user(s) shall be bound by these Terms and Conditions as amended, varied, added to or deleted from time to time.

Governing Law
1. These Terms and Conditions shall be governed by the laws of Malaysia whose courts thereof shall be courts of competent jurisdiction.

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