TERMS OF USE
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‍These terms and conditions (collectively, “Terms of Use”) form the basis of our agreement with you when you use and/or access any of our digital banking services and platforms, including but not limited to our website at www.gxbank.my (“Site”) and our mobile application (“App”). By using our Site and/or App, you represent that you are of legal age to form a legally binding agreement with us, and you have access to, and/or use of, our Site and/or App under the supervision of your parent and/or guardian, if necessary. The use of our Site and/or App by minors is subject to the consent and supervision of their parents and guardians. You are deemed to have read and accepted these Terms of Use when you continue your use and/or access to our Site and/or App. You are advised to discontinue any access or use of our Site and/or App should you disagree with any of these terms. Please read these terms carefully as they contain important information governing your relationship with us when you use our Site and/or App.

About us
‍We are GX Bank Berhad formerly known as A5-DB Operations (M) Berhad Reg No. (202101014409 (1414709-A)), a digital bank licensed to operate in Malaysia and regulated by the Central Bank of Malaysia (“BNM”), with our registered office at 12th floor, Menara Symphony, No. 5, Jalan Prof. Khoo Kay Kim, Seksyen 13, Petaling Jaya, 46200 Selangor, Malaysia.

‍Additional terms and policies
‍You agree to accept the following additional terms and policies which also govern your access and/or use of our Site and/or App:

a) Data Privacy Policy (“Data Privacy Policy”), a copy of which may be found at www.gxbank.my. Details on how we use, collect, and/or disclose personal data may be found in our Data Privacy Policy.

Further and other terms and conditions may apply, should you sign up to any banking products and services with us.

‍Changes to our terms of use, our site and/or app
‍We may update and change our Site and/or App, from time to time to reflect changes to our products and services, our customers’ and users' needs and/or our business priorities. If we make any material changes, we will notify you and/or provide updates on our Site and/or App. You are advised to visit our Site and/or App regularly for a timely update. We reserve the right to make any change to our terms at any time without notice, whether to correct any error, comply with prevailing laws and regulations or otherwise as required in our sole discretion.

‍Withdrawal and/or suspension of access to our site and/or app
‍We have made available our Site and/or App at no cost to you. Whilst we endeavour to maintain your continued access to our Site and/or App, including any published content, we do not guarantee that your use and/or access will remain available and/or uninterrupted at all times. We may suspend, withdraw, and/or restrict your access to, any or all of our Site and/or App for business and operational reasons, and if such a situation arises, we will provide notice to the extent reasonably practicable.

‍Keep your personal details and account information true, accurate and complete
‍You may provide certain information, including personal details, for the purposes of registration or otherwise to enjoy access to certain services on our Site and/or App. If you provide any information and/or details to us on our Site and/or App, you represent and warrant that such information is true, accurate and complete at the material time, and you undertake to inform us immediately if there are any changes.

‍Ensure that your account information, including security codes, are safe and secure
‍If you have created, or we have provided you with, any user identification, unique identifier, password, personal identification number, one-time passcode or equivalent, as part of our security procedures, you are advised to treat such information as confidential. You must always keep your personal information, as well as security codes, safe and secure, and you are advised not to disclose such information to any third party. We may disable any user identification, unique identifier, password, personal identification number, one-time passcode or equivalent, whether chosen by you or otherwise, at any time without notice, if we determine in our reasonable opinion that you have failed to comply with these Terms of Use. If you know or suspect that any third party has had access to your user identification, unique identifier, password, personal identification number, one-time passcode or equivalent, with your authorisation, you should notify us immediately.

‍Intellectual property rights
‍These terms permit your use and/or access to the Site and/or App for personal and non-commercial use only. Unless otherwise stated, you are not permitted to use, reproduce, alter, display, adapt, distribute, or publish any part of the content on our Site and/or App without our prior written approval and consent. You may print one copy, and download extracts, of any page from our Site and/or App for your personal use only. However, you must not modify the paper or digital copies of any materials you have printed or downloaded in any way, or use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Unless the content is user-generated, you should acknowledge that the content is taken from our Site and/or App (or from any identified contributors as the authors of the content). Further, you agree not to use any part of the content on our Site and/or App for commercial purposes. If you print, copy, download, share or repost any part of our Site and/or App, in breach of these Terms of Use, we may terminate your right to use and/or access our Site and/or App immediately, and you must return or destroy any copies of the materials you have made.For the avoidance of doubt, references on our Site and/or App to third party product names (such as MacBook Air or Tesla Model 3) are for illustration purposes only and do not in any way constitute a representation by us that we are an authorised seller or reseller of such products, or that we are an owner of licensee of the intellectual property rights to any of the products or product names.

‍Disclaimers on content
‍We publish content on our Site and/or App for general information only, and you should not rely on such content as advice. You are advised to seek independent professional advice before acting or omitting to act, in reliance of any content on our Site and/or App.The content on our Site and/or App is made available primarily for Malaysian users. We do not represent or warrant that such content is appropriate for use or available in other locations, or that such content is (and remains) accurate, complete, or up to date.

‍Third-party sites and resources are not approved by us
‍We do not have control over the contents of any third-party sites or resources. Where our Site and/or App contains links to other third-party sites and resources outside of our domain, these links are provided for your information and ease of reference only. We do not make any representation on the accuracy and completeness of the information on these third-party sites and resources, and you are advised to proceed with caution. Such links should not be taken as our endorsement or approval of those third-party sites or resources.

‍User-generated content is not approved by us
‍Our Site and/or App may include information and materials uploaded by other users, including but not limited to, bulletin boards and chat rooms, which have not been verified or approved by us. The views expressed by other users on our Site and/or App do not represent our views or values.

‍No text or data mining, or web scraping
‍You should not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site and/or App, or any services provided via, or in relation to, our Site and/or App.

‍You indemnify us
‍You agree to indemnify us and keep us fully indemnified against any claim, liability, loss, damage, cost or expense (including legal fees and expenses on a full indemnity basis) we suffer or incur, directly or indirectly arising from or in relation to your access and/or use of our Site and/or App, or your breach of, or non-compliance with, these Terms of Use.

‍Exclusion and limitation of liability for loss or damage suffered by you
‍We exclude all implied conditions, warranties, representations, or other terms that may apply to our Site and/or App, including any content on them. We are not liable to you for any loss or damage, whether foreseeable or not, in contract, tort (including negligence), breach of statutory duty, or otherwise, arising from or in relation to your use of, or inability to use, our Site and/or App; or use of or reliance on any content displayed on our Site and/or App.  We are not liable for any loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill, or reputation; or any indirect or consequential loss or damage. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

You should comply with our acceptable use policy and the prevailing laws and regulations
‍You represent, warrant, and undertake to comply with the content standards set out in our Acceptable Use Policy, and the prevailing laws and regulations, at all times, including when you make use of a feature that allows you to upload content to our Site and/or App, or to make contact with other users of our Site and/or App.If you upload any content to our Site and/or App, such content will be deemed non-confidential and non-proprietary, and you agree to grant us and other users of our Site and/or App, a limited licence to use, store and copy that content, and to distribute and make such content available to third parties. Further, you agree that we have the right to disclose your identity to any third party claiming any infringement or violation of their intellectual property rights, or of their right to privacy, and we have the sole discretion to remove any posting you make on our Site and/or App if we deem that such post does not comply with the content standards set out in our Acceptable Use Policy.  Notwithstanding the foregoing, when you upload or post content to our Site and/or App, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by our Site and/or App and across different media.

‍Responsibility to maintain upkeep of your devices
‍We do not guarantee that our Site and/or App will always be safe and secure or otherwise remain free from bugs or viruses at all material times. You are advised to install relevant virus protection software as necessary to maintain the upkeep of any devices you use to access our Site and/or App, and you are responsible to configure your information technology, computer programmes and platform in the manner appropriate to access our Site and/or App.

You undertake not to misuse our site and/or app
‍You agree not to misuse our Site and/or App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; attempt to gain unauthorised access to our Site and/or App, the server on which our Site and/or App is stored, or any server, computer or database connected to our Site and/or App, and/or attack our Site and/or App via a denial-of service attack. In the event our Site and/or App is compromised and/or potentially compromised in our reasonable opinion, we may report any such breach to the relevant authorities, disclose your identity for investigation purposes, and/or suspend or terminate your use and/or access to our Site and/or App immediately.

‍Use and/or links to our site and/or app
‍If you wish to link to or make use of any content on our Site and/or App, other than those set out above, please contact us at marketing@gxbank.my.
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GXBank CHATBOT TERMS OF USE

1. General
These terms and conditions (collectively, “GXBank Chatbot Terms of Use”) form the basis of our agreement with you when you use and/or access our chatbot services (“Chatbot”). In these terms, “GXBank”, “we”, “our” and “us” refer to GX Bank Berhad (company registration no.: 202101014409 (1414709-A)), and “you” and “your” refer to a user of the Chatbot.

2. Additional Terms and Policies
2.1 By clicking “Agree”, or by accessing, using or interacting with the Chatbot, you confirm:
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2.1.1 you have read and accepted these GXBank Chat Terms of Use (including the additional terms and policies below) when you use and/or access our Chatbot. You are advised to discontinue any access or use of our Chatbot should you disagree with any of these terms. Please read these terms carefully as they contain important information governing your relationship with us when you use our Chatbot; and
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2.1.2 you have agreed to and accepted the following additional terms and policies which also govern your access and/or use of our Chatbot:
(a) GXBank Terms of Use, which may be found at https://gxbank.my/terms-of-use (“Terms of Use”); and
(b) GXBank Data Privacy Policy, which may be found at https://gxbank.my/data-privacy-policy (“Data Privacy Policy”).
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2.2 All references to “Site” or “App” or any other similar references in the Terms of Use and Data Privacy Policy shall be a reference to “Chatbot”. These GXBank Chat Terms of Use are in addition to the Terms of Use and Data Privacy Policy and are not intended to amend or vary any term in the GXBank Terms of Use and Data Privacy Policy.

3. Changes to the GXBank Chatbot Terms of Use, etc
We reserve the right to make any change to these GXBank Chat Terms of Use at any time with notice, whether to correct any error, comply with prevailing laws and regulations or otherwise as required in our sole discretion. Any such changes will become effective once they have been published and any continued access, use, or interaction with our Chatbot after any such changes have been published will constitute acceptance of the amended terms and conditions.

4. Your Responsibilities when Using the Chatbot
4.1 When you interact with the Chatbot, you understand and agree that:
(a) You will not provide any personal data or sensitive information, including but not limited to, your physical or mental health or condition, political view and opinion, religious belief and commission or alleged commission of any offence. Should you provide any personal data or sensitive information in your use of our Chatbot, you explicitly consent to us collecting, using, processing and/or disclosing your personal data or sensitive information for the purposes outlined in Clause 9.2 below. 
(b) You will not provide any of your financial and banking information such as login information or passwords and PINs to the Chatbot. 
(c) You will not provide to the Chatbot any content or material that is fraudulent, indecent, obscene, menacing, offensive, illegal, or otherwise harmful to others.

4.2. In the event you have violated your responsibility set out in (c) above, we may at our discretion, take any reasonable steps, including but not limited to, end the Chatbot session and restrict your use of the Chatbot, at any time without prior notice, in accordance with the relevant and applicable laws.

5. Disclaimers on Chatbot and Content
5.1 Our Chatbot is an automated chat facility based on the emerging technology of generative artificial intelligence. Content published on or any responses from our Chatbot is for general information only and should not be considered as official statements/responses or financial advice from us or be construed in any way as offering any products or services. You should not rely on such content or responses as advice, and we make no warranties, claims or representations regarding the accuracy or completeness of any content or information displayed or contained in the Chatbot or its suitability for your interest or purpose. You are advised not to use the content published on or the responses from our Chatbot as the sole source of general information and to seek independent professional advice before acting or omitting to act, in reliance on any content published by the Chatbot.

5.2 The responses the Chatbot provides may contain links to third-party websites. You acknowledge that the third-party websites are not under our control, and we are not responsible for any content published on such websites. Reference on the Chatbot to any third-party websites, including their products and services, does not constitute or imply our endorsement or recommendation to such third party.
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5.3 We do not represent or warrant that the content published on or responses from our Chatbot are appropriate for use or available in any jurisdiction or location. We also do not represent or warrant that such content published on or responses from our Chatbot are (and remain) accurate, complete, up to date or fit for any use and it should not be relied upon as such. We do not represent or warrant that our Chatbot will be accessible at all times, function with any electronic equipment, software, or other electronic banking services or platforms that we may offer, uninterrupted or error-free. 
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5.4 Without limiting any disclaimers in this GXBank Chat Terms of Use or any other service terms or terms of use, you acknowledge and agree that beta services are not ready for general commercial release and may contain bugs, errors, defects, lags or any other harmful components. You acknowledge and agree that our Chatbot is to be used “as is”.

6. Transcripts and Recording 
Please note that we will monitor and retain a transcript and/or recording of all communications made between you and us via our Chatbot. To the extent permissible by applicable laws, we are not obliged to provide you with a copy of such transcripts and/or recordings, and we will retain such transcripts fora period of time (as considered appropriate by us at our discretion) so as to comply with applicable laws and regulations and our internal policies. You agree that we shall have the right to use the transcripts and/or recordings in the event of any dispute.

7. Exclusion and Limitation of Liability for Loss or Damage Suffered by You 
We exclude all implied conditions, warranties, representations, or other terms that may apply to our Chatbot, including any content on them. We are not liable to you for any loss or damage, whether foreseeable or not, in contract, tort(including negligence), breach of statutory duty, or otherwise, arising from or in relation to your use of, or inability to use, our Chatbot, or use of or reliance on any content published on or responses from our Chatbot, except for direct losses or damages naturally arising from our breach of the GXBank Chat Terms of Use.  We are not liable for any loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill, or reputation; or any indirect or consequential loss or damage, even if we have been advised of the possibility of such loss. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

8. Indemnity
‍You hereby agree to indemnify us, our affiliates, agents and/or service providers, and to keep us, our affiliates, agents and/or service providers harmless from any losses, damages, costs, charges, expenses, liabilities, claims or proceedings which we or any of our affiliates, agents and/or service providers may suffer as a result of or in relation to your use, inquiries, instructions or purported use, inquiries and instructions of our Chatbot.

9. Privacy and Security
9.1 It is your responsibility to maintain the physical security of your devices and the confidentiality of the information on your devices.
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9.2 All communications made between you and us via our Chatbot will be collected, used, processed and/or disclosed by the Bank and/or any authorised third parties for the purposes of responding to queries, feedback or requests provided while using our Chatbot, improving our Chatbot’s accuracy and enhancing the quality of and providing services to you and will be collected, used, processed and/or disclosed in accordance with our Data Privacy Policy. 

10. Severability 
‍Each provision of this GXBank Chatbot Terms of Use shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof to the extent permitted bylaw. We are permitted to replace such invalid and unenforceable provision with a suitable and equitable provision therefore to fulfil, so far as may be valid and enforceable, the intent and purpose of such invalid and unenforceable provision.  

11. Language 
English shall be the prevailing language used for the Chatbot and without prejudice to these terms, we are not liable to you for any loss or damage, whether foreseeable or not, arising from or in relation to your use of our Chatbot in any language.

12. Governing law and jurisdiction 
These terms are governed by the laws of Malaysia and you agree to submit to the exclusive jurisdiction of the courts of Malaysia.