Terms of Use for BNM Website
- Definition.
Bank Negara Malaysia's website (hereinafter referred to as "BNM website") is an interactive online service operated by Bank Negara Malaysia (hereinafter referred to as "BNM") on the World Wide Web of the Internet, consisting of information services and content provided by BNM, affiliates of BNM, and other third parties. "User" means each person who establishes or accesses a connection (hereinafter referred to as "Account") for access to and/or use of BNM website.
- General.
Bank Negara Malaysia's website (hereinafter referred to as "BNM website") is an interactive online service operated by Bank Negara Malaysia (hereinafter referred to as "BNM") on the World Wide Web of the Internet, consisting of information services and content provided by BNM, affiliates of BNM, and other third parties. "User" means each person who establishes or accesses a connection (hereinafter referred to as "Account") for access to and/or use of BNM website.
- General.
(A) The Terms of Use sets forth the terms and conditions that apply to the use of BNM website by User. By accessing and using BNM website, User agrees to comply with all of the terms and conditions hereof. The right to use BNM website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of the Terms of Use. User shall be responsible for protecting the confidentiality of User's password(s), if any.
(B) BNM shall have the right at any time, to change or discontinue any aspect or feature of BNM website, including, but not limited to, content, hours of availability, and equipment needed for access or use, without notice.
- Amendments of Terms of Use.
BNM shall have the right at any time, to delete, change, update or modify the terms and conditions applicable to User's use of BNM website, or any part thereof, or to impose new conditions, for use of BNM website. Such changes, updates, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means of, including, but not limited to, posting on BNM website, by electronic mail, or by any other means User obtains notice thereof. Any use of BNM website by User after the issuance of such notice shall be deemed to constitute acceptance by User of such deletions, changes, updates, modifications or additions.
- Equipment.
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of BNM website and all charges related thereto.
- User Conduct.
(A) User shall use BNM website for lawful purposes only. User shall not post, publish, upload, distribute, reproduce, modify, or transmit through BNM website, any material which violates or infringes upon the rights of others in any way, which is unlawful, threatening, abusive, defamatory, an invasion of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which without BNM's prior express written approval, contains advertising or any solicitation with respect to products or services.
(B) BNM website contains material subject to the protection of copyright, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of BNM website are subject to copyright as a collective work under the Malaysian copyright and trademarks laws. BNM owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
BNM has specific terms of use for datasets sourced from Bank Negara Malaysia (BNM) as primary data compiler, i.e., labelled as ˇ°Source: Bank Negara Malaysiaˇ±. The specific terms of use for these datasets are available on the web pages where the datasets are published, and at Terms of Use for BNM Datasets.
For the remainder of the materials, User shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or reproduce, any of the content of BNM website, in whole or in part. User may download material for User's personal use only, provided that it is not for the purpose of private or commercial gain.
(C) Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of BNM and the relevant copyright owner. In the event of any permitted copying, redistribution or publication of material subject to copyright, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading any such material.
(D) User shall not upload, post or otherwise make available on BNM website, any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of BNM website, User automatically grants, or warrants that the owner of such material has expressly granted BNM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants BNM the right to edit, copy, publish and distribute any material made available on BNM website by User.
(E) The foregoing provisions of this paragraph 5 are for the benefit of BNM, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Right of Access.
BNM reserves the right to restrict or block access of any person or specific Internet address to BNM's website and resources contained within the website, without any prior notice.
- Monitoring.
BNM shall have the right, but not the obligation, to monitor the content of BNM website to determine compliance with this Terms of Use and any operating rules established by BNM, and to satisfy any law, regulation or authorized government request. BNM shall have the right in its sole discretion to edit, refuse to post and remove any material submitted to or posted on BNM website. Without limiting the foregoing, BNM shall have the right to remove any material that BNM, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- Indemnification.
User agrees to defend, indemnify and hold harmless, BNM, its affiliates and their respective directors, officers, employees and agents from and against all loss, damage, claims or expenses, including attorneys' fees, arising out of the use of BNM website by User or User's Account, or through any violations committed by the User in the use of BNM website.
- Limitation of Liability.
(A) BNM makes no representation or warranty whatsoever (whether express or implied, written or oral) to the User and makes no undertaking to the User in terms of the use of BNM website. The User uses BNM website at its own risk and expense.
(B) BNM shall not be liable for any and all damages or losses of any kind, howsoever arising from the use of BNM website, including, but not limited to damages or losses sustained through reliance on the contents or information on BNM website.
(C) To the maximum extent permitted by law, BNM, its affiliates, directors, employees, officers and agents shall have no liability or responsibility whatsoever to the User (whether based in contract, promissory estoppel, restitution, quantum meruit, quasi contract, tort, statute or otherwise) in connection with or in relation to the use of BNM website. Without limiting the foregoing, BNM will not be liable or responsible to the User in circumstances where:
(i) any User uses the website in a manner which is contrary to the interests of other Users;
(ii) User relies on any information, content, advice or update on BNM website; or
(iii) User uses the website and/or any material available on the website in a manner which is unlawful, threatening, abusive, defamatory, an invasion of privacy, vulgar, obscene, profane or otherwise objectionable, constitutes a criminal offense, gives rise to civil liability or otherwise violates any law.
- Termination.
Without limiting the foregoing, BNM shall have the right to immediately terminate User's Account in the event of any conduct by User which BNM, in its sole discretion, considers to be unacceptable, against the interests of other Users, or in the event of any breach by User of this Terms of Use. The provisions of this paragraph 10, paragraphs 5(B), 5(C), 5(D), 8, 9, and paragraph 15 shall survive the termination of this Terms of Use.
- Name and Emblem of BNM.
The emblem of BNM and the name of BNM, including any abbreviation of its name are protected by the Emblems and Names (Prevention of Improper Use) Act 1963. Therefore, they cannot be used, copied or reproduced by User or any person without the written permission of the Minister.
- Third Party Content.
(A) BNM is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, BNM has no more editorial control over such content than a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, User or other users of BNM website, are those of the respective author(s) or distributor(s) and not of BNM. Neither BNM nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to paragraphs 8, 9 and 15 for the complete provisions governing indemnification, limitation of liability and disclaimers respectively)
(B) In many instances, the content available through BNM website represents the opinions and judgments of the respective information provider, User, or other users not under contract with BNM. BNM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on BNM website by anyone other than authorised BNM employee spokespersons while acting in their official capacities. Under no circumstances will BNM be liable for any loss or damage caused by a User's reliance on information obtained through BNM website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through BNM website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
- Miscellaneous.
This Terms of Use and any operating rules or user guide for BNM website established by BNM constitute the entire agreement of the parties in terms of the User's use of the website. It shall supersede all previous agreements between the parties in terms of the User's use of the website. This Terms of Use shall be construed in accordance with the laws of Malaysia. No waiver by BNM of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The headings of the paragraphs used herein are for convenience only and shall not be afforded any legal significance.
- Privacy Statement.
For information regarding BNM's privacy policy, please refer to BNM's privacy statement webpage at /privacy-statement.
- Disclaimers.
(A) The information on BNM website is provided for general reference purposes only. User expressly agrees that use of "BNM website" is at User's sole risk. Neither BNM, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that BNM website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of BNM website, or as to the accuracy, adequacy, validity, availability, completeness, reliability or content of any information, service, or merchandise provided through BNM website.
(B) BNM website is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, timeliness or completeness of any information, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
(C) Reference to any specific commercial product, process or service by trade name, trade mark, manufacture or otherwise by BNM or its affiliates does not constitute an endorsement, a recommendation or a favouring by BNM. User may use such links entirely at User's own risk and BNM and its affiliates accept no responsibility or liability for the content, use or availability of such websites.
(D) Disclaimer for datasets sourced from BNM as primary data compiler is available at Terms of Use for BNM Datasets.
Updated November 2023