Terms of Use

Your use of this website www.ram.com.my  and any pages thereof ("Site") is controlled by these Terms of Use. By entering this Site and through your use of this Site, you agree to these Terms of Use whether or not you are a registered user of our products and services. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT USE THE SITE.

SECTION 1 – OWNERSHIP OF SITE

RAM Holdings Berhad and its subsidiaries and associate company (collectively “RAM Group” “RAM” "we," "us," "Company," or "our") owns and operates this Site. You (or interchangeably referred to as “User”) acknowledge and agree that all content, web pages, source code, calculations, products, materials, data, information, text, screen, functionality, services, design, layout, screen interfaces, "look and feel”, and the operation of this Site (collectively, "Site Content") are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks, and you do not acquire any rights by downloading or viewing any Site Content.

You agree that RAM and all logos related to our products and Services are ours or our licensors' trademarks or registered trademarks. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks and/or trade dress. You may not copy, imitate, or use them without our prior written consent.

SECTION 2 – ELIGIBILITY

By using the Site, you represent you are 18 or older and that you agree to and will abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or violate any other agreement with us, we may terminate your registration and/or prohibit you from using or accessing our Services or the Site.

SECTION 3 – COMMUNICATIONS AND AFFILIATE SHARING

By accepting these Terms of Use, you expressly consent to having RAM Group, our, agents, or representatives, contact you about your inquiry by text message, SMS, email, or phone (including use of an automatic telephone dialing system or an artificial or pre-recorded voice) to the residential or cellular telephone number you have provided.

SECTION 4 – INTELLECTUAL PROPERTY OWNERSHIP

The materials displayed and contained in the Site, which may include (without limitation) all information, data, materials, graphics, digital downloads, compilation, ratings or other information as well as any programs available on or through the Site ("Content" or "Contents" as the context may require), are protected by copyright, trade mark and/or other intellectual property laws, unless where expressly indicated to the contrary. All rights, titles and interests pertaining to the Contents are owned, licensed to or controlled by RAM.

The RAM Holdings Berhad and RAM logo, including that of its group of companies, are trademarks of RAM Holdings Berhad. All other marks, trade names, product names and logos contained in the Site are used purely in editorial fashion only without any intention for infringement, and inure to the benefit of the respective owners.

Save where expressly provided for above, Users are strictly prohibited from copying, storing (either in hardcopy or in an electronic retrieval system), downloading, transmitting, transferring, publishing, reproducing, broadcasting, displaying, distributing, selling, licensing any part of the Contents to any third person whether for commercial purposes, for pecuniary gain or otherwise, without the prior written consent of RAM Group.

SECTION 5 – PRIVACY POLICY

This Site and your personal information processed shall be governed by RAM Privacy Notice and you confirm that you have read, understood and agree to be bound by the Privacy Notice (which can be viewed at https://www.ram.com.my/policies). You agree and consent that RAM Group including our officials, employees, agents and any other persons whom we grant access to our records, correspondence relating to the use of this Site and/or Subscribed Services.  For avoidance of doubt, the said Privacy Notice shall be deemed to be incorporated into this Terms of Use.

SECTION 6 – RELIANCE UPON INFORMATION AS INVESTMENT ADVICE

The Contents of the Site are provided for informative and educational purposes only and is not intended to provide investment advice of any form or kind, and shall not at any time be relied upon as such.

Any information howsoever presented and provided on the Site pertaining to financial products, including without limitation, securities and derivatives products, or of companies identified, listed or proposed to be listed on any subsidiary exchange of RAM, are strictly of a general nature only, and shall not under any circumstances be construed as providing any recommendation, opinion or indication by RAM as to the merits of the said product or company. RAM shall not be liable for any loss, claims and damages arising from reliance by Users on such information.

Users are advised to conduct their own research and seek independent professional advice prior to taking any investment or investment related decisions.

SECTION 7 – DISCLAIMER

The materials and information in this Site, including but not limited to services, products, information, data, text, graphics, audio, video, links or other items, are provided by RAM on an "as is" and "as available" basis. References to material and information contained in the Site include such material and information provided by third parties.

The RAM does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, currentness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the Site, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions. Without derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services of the RAM Group, reasonable measures will be taken by the RAM to ensure the accuracy and validity of all information relating to transactions and products of RAM which originate exclusively from RAM.

Further,  RAM does not warrant or represent that access to the whole or part(s) of this Site, the materials, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.

SECTION 8 – SUBSCRIPTION

Subscribed Services
RAM grants to the User (or “Subscriber”) the non-exclusive, non-transferable right to access and use the RAM RATING RATIONALE (ONLINE SUBSCRIPTION) Services (“Subscribed Services”) and provide the Subscribed Services to the Subscriber and its authorised user(s) (“Authorised User(s)”), subject to the Terms of Use.

Authorised User(s)
Unless otherwise stated or permitted by RAM, the Subscriber shall nominate only ONE Authorised User per subscription. The term “Subscriber” in these Terms of Use shall also include, wherever applicable, its Authorised User(s). Each Subscriber may: a) access, search, browse and view the Subscribed Services; and b) print, download and store a reasonable portion of individual items from the Subscribed Services, for the exclusive use of the Subscriber.

Restrictions on Use of Subscribed Services
Except as expressly stated in these Terms of Use or otherwise permitted in writing by RAM, the Subscriber may not: a) abridge, modify, translate or create any derivative work based on the Subscribed Services; b) remove, obscure or modify in any way any copyright notices, other notices or disclaimers as they appear in the Subscribed Services; or c) substantially or systematically reproduce, retain or redistribute the Subscribed Services.

Sign in and Passwords
a)    Authentication
Access to the Subscribed Services will be authenticated by the use of Internet Protocol (“IP”) address(es) and/or usernames and passwords.
b)     Protection from Unauthorised Access and Use
User will use reasonable efforts to:

• limit access to and use of the Subscribed Services to its Authorised User(s) and notify all Authorised User(s) of the usage restrictions set forth in these Term of Use and that they must comply with such restrictions;
• issue any passwords or credentials used to access the Subscribed Services only to its Authorised User(s), not divulge any passwords or credentials to any third party, and notify all Authorised User(s) not to divulge any passwords or credentials to any third party; and
• promptly, upon becoming aware of any unauthorised use of the Subscribed Services, inform RAM and take appropriate steps to end such activity and prevent any recurrence.

Suspension
 In the event of any unauthorised use of the Subscribed Services, RAM may suspend the access and/or require that the Subscriber suspend the access from where the unauthorised use occurred, upon notice to the Subscriber.

Fees and Payment Terms

1. The Subscribed Services will be made available, provided all subscriber fees and applicable taxes have been paid.
2. The currency of account and currency of payment for any sum to be paid by the Subscriber to RAM will be Ringgit Malaysia.
3. The Subscriber waives any right it may have at any time in any jurisdiction to pay any sum DUE in a currency unit other than that in which it is expressed to be payable under this clause.
4. The Fees will be exclusive of any goods and services tax, service tax, value-added or consumption tax from time to time imposed on the supply of the Subscribed Services. The Subscriber will be liable for any such taxes in addition to the fees.
5. For the purposes of payment of the good and services tax imposed under the Goods and Services Tax Act 2014 of Malaysia, the Subscriber warrants that the facts of its Status Declaration set out in the Subscription Form are true and accurate.

Term
The Subscription will commence on the date of payment of all fees and taxes payable, and shall be valid for a period of one year. No cancellation is allowed.

SECTION 9 – RAM’S PERFORMANCE OBLIGATIONS ON SUBSCRIBED SERVICES 

Access to Subscribed Services
RAM will make the Subscribed Services accessible to you as a Subscriber from the Internet address at www.ram.com.my.

Quality of Service
RAM will use reasonable efforts to provide the Subscribed Services with a quality consistent with industry standards, and the Subscriber agrees and declares that THE SUBSCRIBED SERVICES ARE PROVIDED “AS IS” AND RAM EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITH REGARD TO THE SUBSCRIBED  SERVICES AND ANY OTHER DATA, DOCUMENTATION OR MATERIALS PROVIDED IN CONNECTION WITH THE SUBSCRIBED SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS, INACCURACIES, OMISSIONS, OR DEFECTS CONTAINED THEREIN, AND ANY IMPLIED OR EXPRESS WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Withdrawal of Content
RAM reserves the right to withdraw, amend and change the contents of the Subscribed Services.

Usage Data Reports
RAM has the right to monitor the Subscriber’s usage activity, accessible online for the purpose of usage analysis of the Subscriber.

SECTION 10 – COMPLIANCE WITH THE LAWS

You  shall comply with all applicable laws, rules, regulations and guidelines governing the duties, obligations and business practices of the Parties, including but not limited to compliance with the Malaysian Anti-Corruption Commission Act 2009, Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, and any subsequent additions, amendments or revisions thereto, and shall obtain all approvals, consents, authorisations and licenses whatsoever which are deemed necessary for its operations.

You shall throughout the course of this Agreement comply with and take reasonable measures to ensure that any other parties acting on the Subscriber's behalf (including its related companies, associates, affiliates, connected persons and/or employees) comply with all applicable laws, statutes, and regulations relating to anti-bribery and anti-corruption both domestic and foreign. The Subscriber shall maintain in place throughout the term of this Agreement, its own policies and procedures to ensure compliance with anti-bribery and anti-corruption laws, statutes, and regulations. The Subscriber shall immediately report to the relevant authority and to RAM any offer, request, or demand for any undue financial or other advantage of any kind made by or received from RAM or any party acting on behalf of RAM and/or from any officials in the public or private sector, customers, and suppliers (in connection with this Agreement).

SECTION 11 – EXCLUSION OF LIABILITY

RAM and/or its partners herein shall in no event be liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this Site (or any third party link to or from the RAM Group's Site), reliance on the information contained in the Site, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.

This exclusion clause shall take effect to the fullest extent permitted by law.

SECTION 12 – TERMINATION

RAM Group reserves the right to terminate and/or suspend your access to this Site and/or your use of this website at any time, for any reason. In particular, and without limitation, the RAM Group may terminate and/or suspend your access should you violate any of these terms and conditions, or violate the rights of the RAM Group, of any other user, or of any third party.

SECTION 13 – GENERAL

RAM’s delay or failure to perform any provision of the Subscribed Services and any terms of these Terms of Use as a result of circumstances beyond its control (including but not limited to war, strikes, fires, floods, power failures, telecommunications or internet failures or damage to or destruction of any network facilities or servers or unauthorised access to or breach of our server and network facilities) will not be deemed a breach of these Terms of Use by RAM.

Severability
The invalidity or unenforceability of any provision of these Terms of Use will not affect any other provisions of the other provisions. Any rights not expressly granted herein are reserved.

Assignment
You will not assign, transfer or license any of its rights or obligations in respect of the Subscribed Services unless it obtains the prior written consent of RAM, the consent of which will not be unreasonably withheld.

Notices
All notices given will be in writing and delivered to the party online at RAM’s prescribed website, or in any other permissible manner at the postal address or electronic mail address provided by the Subscriber. The Subscriber agrees to send all notices to RAM at publications@ram.com.my on matters related to the Subscribed Services or to communications@ram.com.my.

Confidentiality
The Subscriber and its employees, officers, directors and agents will maintain as confidential and not disclose to any non-affiliated third party, without RAM’s prior written consent or except as required by law, the financial terms and commercial conditions of these Terms of Use.

No Partnership
Nothing in these Terms of Use shall create or be deemed to create a partnership or the relationship of principal and agent between the parties, and the Subscriber shall have no authority to make any representation or warranty on RAM’s behalf.

Governing Law and Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia, without regard to conflict of law principles, and you hereby consent to the exclusive jurisdiction of the courts of Malaysia with respect to any action or suit arising out of or pertaining to use of this Site.