DEFINITIONS 
“Applicant” means the person described on page 1 of the Application Form who has undertaken to abide by OSK’s policies, procedures and guidelines and subject to this Agreement all laws relating to trading in securities and any amendments thereof; “Application” means the application form including these T&Cs the acceptance of which is at OSK’s sole discretion and OSK reserves the right to refuse any application to open an Account without giving a reason for so doing and regarding which OSK may impose any conditions it deems fit; “Account” means the account described on page 1 of the Application Form and includes any multiple trading account(s); “BNM” means Bank Negara Malaysia, a body corporate established under the Central Bank of Malaysia Act 1958; “CDS Account” means the securities account maintained pursuant to Rules of Bursa Depository; “CMSA” means Capital Markets And Services Act 2007; “Information” means any information, data or recommendations provided by OSK to the Applicant; “Multiple trading account(s) or MTA” means where there are two or more accounts opened / maintained by the Applicant with OSK; “OSK” means OSK Investment Bank Berhad; “OSK Representatives” means OSK’s information providers, licensors, employees or agents; “Service” means the service provided by OSK to the Applicant in relation to OSK’s Trading Account or Online Trading Services or both; “Online Trading Service” means OSK Online Trading service to applicant as may be modified by OSK from time to time; “Securities” means debentures, stocks and shares and all other instruments defined as securities in the CMSA, Rules of Bursa Malaysia Securities Berhad (“Bursa Securities”) and any other relevant legislation, rules and guidelines; and “T&Cs” means these terms and conditions including the specific terms and conditions for the Trading and the specific terms and conditions for Online Trading Services.

TERM
These T&Cs are effective from the date OSK accepts the Application and continue until terminated under these T&Cs (“Term”) without prejudice to any of the parties’ rights or obligations which may have accrued prior to termination. The rights or obligations shall continue in full force and effect notwithstanding the termination.

MULTIPLE TRADING ACCOUNT(S) 
The Applicant agrees (i) that this account together with all the Applicant’s other accounts with different Dealer’s Representatives in OSK will be linked to one CDS account; (ii) in respect of contra transactions, the Applicant shall only conduct sale transactions through the same Dealer’s Representative from whom the Applicant purchased the shares; (iii) in the event the Applicant fails to abide by the restriction on the contra transaction, OSK reserves the right to impose a service charge for the contra transaction amounting to 1% on the value of the sales transaction or such other amount as may be determined by OSK from time to time to be deducted from the sales proceeds. Any shortfall between the purchase costs and sales proceeds shall be a debt due to OSK; (iv) that any payment made or payable shall be automatically utilised to settle the contra losses or any other debit balance incurred under the account into which the payment was made to and any other debit balances in relation to MTA in any manner OSK deems fit; (v) any sales proceeds, contra gains or any sum standing to the credit of any of the Applicant’s accounts may be utilised to set-off any amount due and outstanding under any of the Applicant’s accounts maintained by the Applicant with OSK in any manner OSK deems fit; (vi) in the event that the Applicant shall have an outstanding debt due to OSK in any of the Applicant’s accounts, the trading account may be suspended from trading and all related MTA may also be suspended automatically.

AUTHORITY OF OSK ON TRADING 
The Applicant authorises OSK to (a) place the Applicant’s name on the Defaulter’s List with Bursa Securities pursuant to Rules of Bursa Securities; and (b) to share any information regarding the Applicant with OSK or subsidiaries of OSK’s holding company, and / or with BNM, Bursa Securities or any other statutory or regulatory authority to whom OSK is required to give the information and / or pursuant to any written law or order of any court of competent jurisdiction; and (c) in the case of a Nominee Trading Account to designate such authorised nominees as OSK deems fit.

APPLICANT’S SOLE RISK 
The Applicant acknowledges that (a) the Service and the Information do not constitute tax or legal advice; (b) reliance on the Information does not give rise to any claim of any kind against any person; (c) OSK does not endorse the Information, recommend any investment or offer any advice regarding any security, transaction or investment strategy; (d) the Applicant is solely responsible for valuating the merits associated with the investment and agrees to seek appropriate and independent advice from a person who is qualified to give such advice; (e) all decision and / or orders made through the Service are at the Applicant’s sole risk and any instructions received by OSK vide this Service, OSK shall deem that such instruction is a valid instruction and OSK is not obliged to enquire into the validity of any such instruction received; (f) that the Applicant’s access to the Services cannot be assured in all circumstances as a result of communication and/or system failure, breakdown or other malfunctions including but not limited to any upgrading and/or introduction of new trading platform(s) which may be effected by OSK from time to time; (g) that the Applicant’s access to the Services and/or any transaction made thereunder cannot be assured in all circumstances as a result of any communication and/or system failure, delay, breakdown or other malfunctions howsoever occasioned by the system and/or server connection between OSK and Bursa Securities; and (h) OSK and Bursa Securities as OSK’s regulators reserve the right to audit and inspect the Applicant’s terminals for audit and other supervisory purposes during business hours or any such time that OSK and Bursa Securities deem fit.

LIMITATION OF OSK’S LIABILITY 
The Applicant agrees that OSK and OSK Representatives are not liable to the Applicant having access to the Service for any: (a) direct, consequential or indirect losses or damage (including loss of profits, trading losses and damages) arising from (i) any inconvenience, delay or loss of the use of the Service or access to the Applicant’s Account or (ii) OSK’s failure to execute, cancel or amend any orders regardless of whether OSK had been advised of the possibility of such damages or losses; (b) loss resulting from a cause over which OSK has no direct control including without limitation a force majeure event, any suspension or restriction of trading on an exchange or the failure of any exchange or clearing house to perform its obligations for any reason whatsoever; (c) amount exceeding the monthly Fees paid by the Applicant under clause 7.1(a) for any legal claim connected with the Service or the Information not covered in these T&Cs (d) for any delay or interruption in any Online Trading Services arising from or in relation to any system migration and/or introduction of new trading platform(s), including without limitation, any delays or interruptions arising from the migration to the straight-through processing (STP) platform; and (e) for any communication and/or system failure, delay, breakdown or other malfunctions in relation to the Services in respect of the system and/or server connection between OSK and Bursa Securities

The Applicant agrees to pay: (a) the following non-refundable fees, charges and expenses (together “Fees”) one month in advance and agrees that OSK may debit the Applicant’s Account for : (i) any Fees imposed by OSK at any time or incurred by OSK in the recovery of Fees (including all expenses and legal fees); and (ii) interest on all outstanding sums owing under account and fees under these T&Cs at a rate to be determined by OSK; and (b) all relevant taxes for the use of the Services.

The Applicant agrees that any (a) written acknowledgement by the Applicant or any person(s) authorised on behalf of OSK; or (b) OSK’s statement of account certified by an authorised officer of OSK is binding and conclusive evidence of indebtedness in a court of law.

CONTINUING SECURITY ON ASSETS 
The Applicant: (a) grants OSK a continuing security interest and lien on the Applicant’s assets in the Applicant’s Account and CDS Account with OSK; and (b) acknowledges that OSK may use or dispose or deal with such assets at any price and at any time or in any manner OSK deems fit to secure the full payment of the Fees and any other amount owing under these T&Cs to the maximum extent permitted by law.

RESTRICTION IN USE OF SERVICE 
The Applicant may not use the Service if the Applicant’s Account has any restriction imposed by OSK or by any relevant authority including a cash up-front restriction.

DEPOSIT 
OSK may at its absolute discretion require the Applicant to provide cash or equity or both as a deposit before executing any transaction through the Service.

The Applicant agrees that the Applicant will indemnify OSK against all claims, losses, damages, fines, penalties, liabilities, costs (including legal fees on a lawyer and applicant basis) arising out of the Applicant’s breach of the T&Cs or OSK having to act on the Applicant’s instructions or any third party rights including copyright, proprietary or privacy rights. This obligation to indemnify OSK survives the termination of the Service.

The Applicant shall not hold OSK and / or any of OSK’s officer, employees, agents responsible or liable for whatever losses incurred as a result of the acts, representation and / or omission of OSK’s Dealer’s Representative in carrying out his / her duties in connection with the Applicant’s account.

OSK may at its absolute discretion: (a) terminate the Applicant’s right to access the Service without notice for any reason. Termination will not affect accrued rights, existing commitments or any contractual provision intended to survive termination. If, on termination, any sum is, or may become, due from the Applicant to OSK, the Applicant shall pay such sum to OSK immediately, and without demand. OSK is not liable to the Applicant for any claims or losses which may be suffered by the Applicant arising out of such termination; and (b) vary the T&Cs at any time including imposing additional clauses which will bind the Applicant as if such variation was originally set out in these T&Cs and the Applicant is deemed to have accepted such variation in the event the Applicant continues to trade in the Account. The relevant provision of this T&Cs shall thereafter be deemed to have been amended, modified and varied accordingly and shall be read and construed as if such amendments, modification and variation had been incorporated in and formed part of the T&Cs at the time of execution hereof.

The Applicant must notify OSK immediately after any: (a) loss or theft of the Applicant’s PIN or password; (b) unauthorised use of any of the Applicant’s PIN, password, the Service or any Information; (c) failure to receive confirmation through the Service that an order by the Applicant had been received or executed; (d) receipt of confirmation of an order which the Applicant did not place; and (e) receipt of inaccurate report, Information, contract note or any other document from OSK containing errors or the contents of which the Applicant disputes.

If the Applicant fails to notify OSK in accordance with clause 13.1: (a) the Applicant must accept full responsibility for any consequences of such failure to notify OSK; and (b) any document, contract note, report or Information from OSK will be deemed to be correct and accepted by the Applicant.

Any (a) notice or other document to be served under these T&Cs must be written and served by ordinary post or by hand to a party’s address stated in the Application or last known address; (b) legal document of any kind including documents served under the Rules of the Court must be served by prepaid registered post or by hand to a party’s address stated in the Application or last known address; and (c) documents served under this clause 14.3 will be deemed served at the time of delivery if delivered by hand and three (3) days from the date of being posted if sent by post.

A change in a party’s address will not affect any act by a party in reliance on these T&Cs if that party had not at the relevant time received written notice of the relevant change in address.

If any clause of these T&Cs is illegal or unenforceable, that clause must be deemed deleted and the legality and enforceability of the remaining clauses is not affected or impaired in any way. 

Failure by the Applicant or OSK to exercise any or all of its rights (“Rights”) under these T&Cs or any partial exercise of the Rights is not a waiver of the Rights.

The Applicant may not assign the Application or the T&Cs without OSK’s written consent. 

The T&Cs shall be binding upon the successor-in-title and permitted assigns of the parties hereto.

The Applicant agrees that these T&Cs govern the trading aspect of the Applicant’s relationship with OSK and must be read together with any other agreements signed between the Applicant and OSK and / or its authorised nominees including any Margin Agreement between the Applicant and OSK.

APPLICANT’S UNDERTAKINGS
The Applicant must: (a) pay OSK immediately for the delivery of Securities purchased by the Applicant or on the Applicant’s behalf; (b) disclose the availability of Securities as tradeable balance for delivery purposes when instructing OSK to execute a sell order; (c) deliver to OSK promptly any certificates, related valid transfer deeds and documents of title of Securities which OSK has sold on the Applicant’s behalf or ensure that the Applicant has “free securities” in the Applicant’s CDS account on Settlement Day or accept that OSK may effect a ‘buy-in’ and undertake to pay all related charges and/or fees incurred herein without any dispute; (d) pay for all handling fees and service charges and any other related charges and all Securities awaiting delivery and all contra losses however incurred within the period allowed for such payment and pay interest on any outstanding sum after that period; and (e) be subject to: (I) any conditions imposed by OSK including any trading limits; and (II) Bursa Malaysia Securities Clearing Sdn Bhd (“the Securities Clearing”)’s: (i) rules; (ii) authority regarding any dealings, transactions or securities settled or otherwise dealt with by any of the Securities Clearing’s services or facilities; and (iii) reservation of rights over securities to be delivered if OSK fails to make irrecoverable good funds payment to the Securities Clearing.

AUTHORITY OF OSK ON TRADING
The Applicant authorises OSK to: (a) sell-out or buy-in any Securities required to clear the Applicant’s position with OSK at any price and at any time or in any manner OSK deems fit; (b) deal in any manner (including withholding delivery) OSK deems fit with any Securities under the Account for which the Applicant has not paid all relevant fees until the Applicant’s cheque for payment has been cleared by a bank or financial institution; (c) act on all orders made by any forms of communication as allowed by OSK from time to time without further confirmation; (d) offset, assign, hypothecate or otherwise deal with any Account with OSK including cash or Securities held in any account including margin accounts, nominees accounts or any other accounts; (e) debit the Account at any time regarding any Fees; (f) sell or dispose of any or all of the Securities pledged by the Applicant as collateral or any Securities standing as “free securities” in the CDS account associated with any of the Applicant’s account or utilise on margin accounts to settle the amount owing to OSK; (g) utilise any funds, Securities, commodities or other property from any account with OSK or subsidiaries of OSK’s holding company to reduce or pay in full any debit balance in the Account; (h) charge, mortgage, pledge, hypothecate or deposit with any financial institution as security in any manner any Securities purchased by the Applicant; (i) suspend or close the Account at OSK’s sole discretion; (j) refuse to follow the Applicant’s instructions, if in OSK’s opinion, compliance therewith would be contrary to any applicable law, rule, regulation, regulatory requirement, market practice or code of practice, or to do so would in our bona fide opinion, be unreasonable in the circumstances and (k) commence legal action for the recovery of all amounts owing to OSK if the Applicant fails to fully settle all amounts owing within the period stipulated by OSK.

The Applicant agrees to use the Service by using modem-equipped terminal or any other communication media which OSK may in its absolute discretion introduce for use to the Applicant.

OSK grants to the Applicant a non-exclusive license to use the Service’s software (“Software”) on any computer of which the Applicant is the primary user. OSK forbids any copying of Software or associated written materials. The Applicant agrees not to sub-license, assign or transfer this license or the Software.

The Applicant agrees that neither OSK nor OSK Representatives are liable in any way for: (a) any inaccuracy, incompleteness or delay in (i) any Information or any other aspect of the Service or (ii) the delivery of any Information or (b) any loss or damages arising from (i) any inaccuracy, incompleteness or delay; (ii) non-performance; or (iii) interruption of any Information or the Service due to any negligent act or omission by OSK or OSK Representatives and (c) any action taken by the Applicant in reliance upon the Information. 

PROPRIETARY RIGHTS
The Applicant: (a) acknowledges that OSK, OSK Representatives and Bursa Securities assert a proprietary right to Information; (b) agrees not to reproduce, disseminate or commercially exploit Information in any manner; (c) agrees to protect the contractual and statutory rights of OSK, OSK Representatives and Bursa Securities in relation to Information and the Service and will comply with all written requests from these parties that they deem necessary to protect their rights.

CONFIDENTIALITY & CONFIRMATION OF TRADES
The Applicant acknowledges and agrees: (a) that not all trades will be executed concurrently with the order issued by the Applicant and that quoted prices change before the order’s execution due to market circumstances; (b) the Applicant’s full responsibility (i) to review the Order Status to ascertain the Service correctly received the order and (ii) for all orders entered under the Applicant’s IDs, passwords, PIN and account numbers; and (c) that OSK does not guarantee that it cancels an earlier order.

The Applicant represents that the following statements are true and agrees that the Applicant: (a) is bound by these T&Cs; (b) is not acting on behalf of a firm, corporation, partnership, trust or association; (c) will use the Information and the Service solely in connection with the Applicant’s personal investment activities and not in connection with any trade or business activities; (d) is not (including not being an owner, partner or associated person) a securities broker or dealer, investment adviser, futures commission agent, commodities dealer, commodity trading adviser, member of a securities exchange or association or futures exchange. 

OSK may accept as an Applicant a person described in clause 21.1 but that Applicant must indemnify OSK against losses or damages, direct or consequential, which arise out of any action by any representatives of that Applicant using the Service on that Applicant’s behalf.

The Applicant agrees that these T&Cs must be read together with any Margin Agreement, Custodian Agreement and / or Multiple Trading Account, Day Trading Account terms and conditions executed by the Applicant. 

The Client hereby agrees to be bound by the terms and conditions of this Trading and Online Trading Services by accessing this website.