6. Liability
6.1 MCBIM shall have no obligation to verify the authenticity of any Activity conducted or Instruction received or purported to have been received from the Customer other than by means of verification of the Password. The Customer understands that MCBIM disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by MCBIM to honour any instruction from the Customer for whatsoever reason. The Customer understands and accepts that MCBIM shall not be responsible for any of the risks. The Customer also accepts that MCBIM has disclaimed all liability in respect of the said risks.
6.2 The Customer acknowledges that the Service is dependent on the infrastructure, connectivity and services provided by the network service providers and other factors. The Customer accepts that timeliness, accuracy and readability of SMS/alerts/information shall depend on factors affecting the network service providers. MCBIM shall not be liable for non-delivery or delayed delivery of SMS/alerts/instructions/information, payments, error, loss or distortion in transmission of information and Instructions to/from the Customer.
6.3 The Customer shall not interfere with, alter, amend, tamper with or misuse in any manner whatsoever the iSave Facility and in the event of any damage or loss due to improper or fraudulent use by the Customer, he shall be liable himself.
6.4 The technology for enabling the Services offered by MCBIM using the iSave Facility can be affected by virus or other malicious, destructive or corrupting code, programme or interceptions. This could result in delays in the processing of Instructions or failure in the processing of Instructions and other such failures and inabilities. The Customer shall not hold MCBIM liable for any such instance.
6.5 The Customer understands and accepts that the offer price or redemption price of units of the Schemes may change from time to time and that MCBIM shall not be responsible or held liable for quoting or misquoting any price whatsoever.
6.6 The Customer acknowledges having read and understood these terms and conditions. The Customer accepts and agrees to be bound by these terms and conditions including those excluding MCBIM’s liability.
6.7 MCBIM shall not be liable for any loss or damage to the Customer as a result of making or not making the iSave Facility available to the Customer, including direct, indirect, consequential or special loss, even if MCBIM has been advised of the same. Circumstances where MCBIM will not be liable will include (but not be limited to):
- acting on Instructions received by MCBIM through the use of the Password;
- any reliance on financial information provided as part, or by means of, the iSave Facility; and
- loss or distortion of data during transmission or other faults in the telecommunication network or a network failure.
6.8 The content on the Website is for convenience and information purposes only. The Customer should consult his financial, tax and legal advisors, and independently verify all content provided through the Website before he makes decisions. Nothing on the Website constitutes an offer to sell or buy any product. Nothing on the Website should be construed as rendering tax, legal, investment or accounting advice. The posting of any prospectus or any other information on the Website is not a recommendation or opinion for the Customer to buy or sell any product or participate in any transaction.
6.9 In addition to and without limiting the foregoing, MCBIM shall not be liable for any harm caused by the transmission, through the services or information, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the services or any of the Customer’s software, hardware, data or property.