Terms of Acceptable Use

OLIVE/TERMS OF ACCEPTABLE USE/001, Revision 1.0

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26 July 2022

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Terms of Acceptable Use:

Notice To Customers

Table of Contents

DEFINITIONS AND INTERPRETATION 3

REGISTRATION AND ELIGIBILITY 4

USE OF THE OLIVE APP 5

BIOMETRICS 5

DISCLOSURE OF INFORMATION AND PERSONAL DATA 6

INTELLECUTAL PROPERTY RIGHTS 7

OLIVE APP TRANSACTIONS AND RECORDS 7

SUSPENSION, VARIATION AND TERMINATION OF Olive APP 8

DISCLAIMER 8

LIABILITY AND INDEMNITY 9

FORCE MAJEURE 10

MISCELLANEOUS 10

GOVERNING LAW AND JURISDICTION 12

Terms of Acceptable Use for

Customers

The Customer acknowledges and agree to abide by the following Terms and Conditions (“Terms”) governing the use of Olive app. These Terms of Acceptable Use for customers (“the Terms”) shall apply to the Customer’s access and use of the BIBD At-Tamwil Berhad’s Olive application (“Olive”), developed and operated by BIBD At-Tamwil Berhad (“ATW”).

The Terms shall be read alongside any/all additional terms and conditions governing any products or ﬁnancial services including enhancements which is offered by ATW. In the event of conﬂict, these Terms shall prevail.

Definitions And Interpretation

1. In this Terms, the following words and expressions shall have the meanings as set out herein-below unless the context indicates otherwise:

“Account or Accounts” means any account(s) opened and maintained with ATW in respect of which the Finance Company allows transactions to be performed through the Olive app;

“Application” means an application to ATW for the Olive app;

“Olive app” means the mobile application system from time to time made available by ATW enabling the Customer to communicate with ATW through any mobile device, electronic or telecommunications equipment or medium/peripherals;

“CRS” means Common Reporting Standards under the Income Tax Act, Chapter 35 which requires banks to collect and report certain information about the Customer tax residence to the Revenue Division, Ministry of Finance;

“Customer” means the holder of the Account(s) who is eligible for the Services;

“FATCA” means Foreign Account Tax Compliance Act which places an obligation on the Finance Company to identify and disclose certain account information held by US residents/US citizens to the tax authority or US Internal Revenue Service (“IRS”);

“Instruction” means any request or application received or transmitted to ATW by the Customer through the Olive app;

“User Name” means a unique name made up of a string of characters chosen by the Customer which identiﬁes and authenticates the Customer during login in order for the Olive app to associate the Customer with their proﬁle and Account(s);

Issued by;

BIBD At-Tamwil Berhad

Unit 1, Scouts Headquarters Building, BE4119

Negara Brunei Darussalam. Page 3 of 12

“Mobile device” means a compatible mobile device or such other communication device which is used to access the Olive app;

“One-Time Password (OTP)” means a unique password which is valid for a single transaction only. This is an added security feature in which the OTP will be sent by way of WhatsApp to the Customer’s registered mobile phone number with ATW;

“Password” means any personal identiﬁcation number (PIN), mobile device password, word, phrase, symbol, code and/or biometric information being unique to and known only to the Customer which are used to authenticate(s) the Customer’s Login ID whenever the Customer access and use the Olive app, any mode of payment(s) and/or such other features which may prompt the Customer for it. For the avoidance of doubt, “Password” includes OTPs and/or response code generated by Hardware Token;

“Service or Services” means any products and/or services made available by ATW to the Customer through the Olive app from time to time;

“Terms” means the terms and conditions stated herein which shall govern the use of the Olive app including any amendments and/or variations made to the Terms from time to time;

2. The headings of the Clauses are merely for reference and shall not be taken into consideration in the interpretation or construction of these Terms.

3. Words importing singular shall include the plural and vice-versa.

4. Words importing the masculine gender shall include feminine and neuter gender and vice versa.

5. The rights of ATW with respect to any matter conferred under any provision of the Terms shall be additional to the rights conferred under any other provision of the Terms with respect to the same matter.

6. Any reference to a statutory provision shall also include any modiﬁcation, consolidation or re- enactments for the time being in force and all statutory instruments or orders made pursuant thereto.

Registration And Eligibility

7. In order to avail of the Olive app, the Customer must register and meet the following eligibility criteria:

(a) The Customer must be citizen or resident of Brunei Darussalam;

(b) The Customer must have a registered and active Mobile line; and

(c) Such other prerequisite requirements as may be set by ATW or the applicable relevant authority(ies) from time to time.

8. For customers who previously resisted on Olive, the Customer will be prompted with their existing username, password and OTP or biometric authentication to login to Olive app.

9. The Customer acknowledges that ATW has the sole discretion to reject any application for registration and/or change the eligibility criteria without assigning any reason thereto.

10. The Customer must provide ATW with true, accurate and complete information and must promptly notify the Finance Company of any changes to the information provided. The Customer acknowledges that ATW shall not be liable for any consequences arising from their failure to inform the ATW of any changes in their particulars.

Use Of The Olive App

11. In using the Olive app, the Customer shall keep their User ID, password, OTP, and/or such other credentials conﬁdential at all times. If the Customer believes or has reasons to believe that the Customer’s User ID, password, and/or OTP has been compromised or if the Customer suspects any fraudulent or unauthorized use of their Account(s), the Customer shall immediately notify ATW via its ofﬁcial WhatsApp line at +673 814 3302.

12. In the event the Customer has forgotten or wishes to change either their password, the Customer may do so either by changing them personally using Olive app’s “Forgot Password” function.

13. ATW reserves the right to suspend and/or revoke the use of the Customer’s User ID, PIN, and/or

Password(s) at any time with notice to the Customer. ATW shall not, however, be required to provide the Customer with any reason for such suspension or revocation.

14. ATW shall not be liable for any losses, damages, claims and liabilities arising from any unauthorised use or access to the Customer’s User ID, Password and/or OTP save for instances where such losses, damages, claims or liabilities are directly caused by ATW's gross negligence or wilful misconduct.

Biometrics

15. By using the biometrics feature, the Customer shall be deemed to have consented to the authentication of the Customer’s identity by way of the Customer’s ﬁngerprint scan and face identiﬁcation (“Biometrics”) in using the Olive app.

16. To the fullest extent permitted by applicable laws and regulations, without prejudice to any other provisions under these Terms, the Customer renders ATW harmless from any claims, actions and/or proceedings in connection with any of the following:

(a) ATW’s right to retain the Biometrics for such period solely determined by the Finance

Company;

(b) any unauthorised access and/or use of the Customer’s Mobile device; and (c) the use of the Biometrics for any purposed deemed necessary by ATW.

17. The Customer hereby declare that the Customer will exercise due care and will ensure that the Customer use of the Olive app or Account(s) is not used in any way to facilitate fraudulent and/or unlawful activities.

Disclosure Of Information And Personal Data

18. The Customer acknowledges that the Olive app is owned, developed and operated by ATW. As such, the Customer authorises the disclosure or exchange of any/all information provided by the Customer for purposes incidental to the performance of the Olive Wallet app to and between any person which the Finance Company in good faith considers to be appropriate for the purpose of providing the Services under the Olive app, including any car agents, consumer product vendors or third party service provider which have agreed to perform the Services under the Olive app, wherever situated, for conﬁdential use in and in connection with the Olive app.

19. The Customer authorises the ATW to disclose any/all information provided by the Customer if compelled by law or upon request by any regulatory authority.

20. Such disclosure and use of such information may be necessary or inevitable for the purposes of giving effect to the Services under the Olive app to the Customer and/or to facilitate or enable the use of the Olive app. Failure to allow such disclosure, access to or use of the information may result in the Finance Company’s inability to offer or continue to offer the Olive app to the Customer.

21. The Customer may at any point update their personal information and such other details through the Olive app. The Customer hereby consents and agree that ATW may, in complying with all applicable laws, to collect, use, store, disclose, provision, transfer, process, retain, and preserve of the Customer’s information in accordance with its Personal Data Protection Notice.

22. The Customer afﬁrms that the information provided by the Customer through the Olive app is correct, complete and not misleading. The Customer hereby authorises ATW verify the information using A.I. from any source the Finance Company deems ﬁt and to update the Customer records on ﬁle with the Finance Company.

23. The Customer agrees to provide the Finance Company with any and/or all reasonably requested information, documentation and/or FATCA and CRS status within thirty (30) days if there is any update to the Customer’s information, documentation and/or FATCA and CRS status. Additionally, the Finance Company may reasonably request for any information and documentation in relation to the Customer’s use of the Olive app and shall cooperate with the Finance Comapny in any related investigation or litigation.

24. The Customer acknowledge and agree that the Finance Company may collect, transmit, store, and use technical, location, UDID, and login or other personal data including the Customer’s Biometrics and other related information, including but not limited to technical information about the Customer’s device, system and application software, and such other information, that is gathered periodically to facilitate the provision of the Olive app updates, product support, and other services to the Customer (if any) related to, or in connection with, the Olive app.

25. Neither ATW, nor its agents, contractors or third party service provider be liable for any loss or damage suffered by the Customer or any user as a result of any disclosure of any information which the Customer have consented to us collecting, using or disclosing or where such collection, use or disclosure is allowed under the applicable laws.

Intellecutal Property Rights

26. All ownership rights, copyright, trademarks and other intellectual property rights attaching to, contained or vested in this Olive app and all content, data, information, details, materials, literature, manuals or graphics contained in this Olive app are properties of ATW respectively unless otherwise indicated. The Finance Company strictly prohibits any use of any of its aforesaid rights in any manner whatsoever without its express prior written consent.

27. No part or parts of the Olive app may be reproduced, copied, reverse engineered, exploited, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modiﬁed to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission.

28. The trademarks, service marks, and logo ("Trade Marks") used and displayed in or through the Olive app are registered and unregistered trademarks of the Finance Company.

29. Nothing in the Olive app should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Marks displayed in or through the mobile application system, without our written permission.

Olive App Transactions And Records

30. The Customer agrees that ATW records of any transactions carried out with the Olive app shall be deemed conclusive and binding on the Customer. The Customer also agrees that once consent has been provided by the Customer, the authorised transfer cannot be revoked.

31. The Customer hereby agrees not to object to the admission of the Finance Company’s records as evidence in any legal proceedings on the basis that such records are not originals, not accurate, are not made in writing or are computer generated documents.

32. The Customer agrees to hold the Finance Company harmless against any rejected and/or failed transactions including any delay in effecting the transactions arising out of or as a result of any technical/operational malfunctions beyond the Finance Company’s reasonable control. The Customer agrees that the ATW shall not be held liable in any form or manner if the Customer’s mobile device is used to perform any unauthorised or fraudulent transactions.

Suspension, Variation And Termination Of Olive App

33. The Olive app and/or any part of the Services under the Olive app may be cancelled, varied, blocked, suspended or terminated by ATW for any reason whatsoever and for any period of time without any obligation of prior notice to the Customer.

34. ATW may terminate the Olive app with immediate effect without further notice to the Customer in any of the following instances:

(a) if the Customer commits a material breach of this Terms;

(b) if the Customer faces bankruptcy proceedings or becomes a bankrupt;

(c) in order to comply with any local or foreign law, regulations, directives, judgements or court orders and any authorities, regulators or enforcement agencies demands or requests;

(d) if the Finance Company discovers or has reasonable grounds to suspect that the Customer is in violation of any of the Terms; and

(e) the transactions made by the Customer appear suspicious or fraudulent to the Finance

Company.

35. Termination shall be without prejudice to any rights of either party which may have accrued up to the date of such termination and the rights to terminate the Terms are not intended to be exclusive but shall be in addition to every other remedy or right now or hereafter existing.

36. The Customer consents to and authorises ATW to perform any of the following with regards to FATCA and CRS:

(a) to withhold any applicable transaction in the Account;

(b) report and disclose all relevant information relating to or arising from the Account’s activity;

and/or

37. Upon termination of the Customer for whatsoever reason, the Customer must ensure that it does not perform any transaction(s) which will or may compromise or affect the security of the Olive app or the systems/securities of any other Olive app Customer.

Disclaimer

38. Although ATW endeavours to ensure the accuracy and validity of all information relating to the transactions and the services under the Olive app, the Customer acknowledges and accepts that the Olive app is provided on "as is" and "as available" basis, without any warranty of any kind, either express, implied or statutory.

39. ATW disclaims any warranty of merchantability or ﬁtness for a particular purpose, warranty of title, non-infringement of intellectual property rights or third party rights. The Finance Comapny shall not be responsible for any electronic virus(es), worm(s), spywares, malwares, corrupting code, agent, program and/or macros which may be transmitted via the Olive app.

40. To the fullest extent permitted by law, ATW does not warrant that the Olive app will be provided uninterrupted or free from errors or that any identiﬁed defect will be corrected and that the information on the Olive app is accurate, complete, timely or reliable. ATW expressly disclaims liability for any delays, errors or omissions in the transmission of the Content and to the accuracy, completeness and timeliness of the same.

41. The Customer agree that ATW may rely on the information on their products, services and offers and that the Finance Company expressly disclaims all responsibility and liability in respect of such information, products, services or offers contained in the Olive app.

42. It is the Customer responsibility to verify the information and seek independent professional advice before acting on and relying upon the information on Olive Wallet app as a basis for the Customer decision.

43. ATW shall not be liable for any personal injury, death or damages to tangible or intangible property to any person, arising out of or resulting from the use of the Olive app.

Liability And Indemnity

44. The Customer hereby agrees to indemnify and keep indemniﬁed the Finance Company against any action, claim, demand, expenses (including legal fees on a full indemnity basis) suffered or incurred by ATW arising from the Customer’s access and/or use of the Olive app save and except for such losses and damages directly caused by the ATW’s gross negligence or wilful misconduct including but not limited to:-

(a) use or misuse of the Olive app or the content provided therein;

(b) ATW complying with any/all applicable laws and regulations with regards to the Customer’s

information;

(c) in the Finance Company’s undertaking to protect the security, conﬁdentiality and integrity of the Customer’s information;

(d) the Olive app not being available due to system maintenance or breakdown/non- availability of any network;

(e) any failure by ATW to perform any obligation or observe any term or the Terms if such

failure arises from a failure of, or any unauthorised and/or unlawful access to, any machine, data processing system or transmission link or any act of force majeure such as natural disasters, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, ﬁ re, ﬂood, shortage, of material or labour, delay in deliveries from sub-contractors, or any event outside the Finance Company’s control;

Issued by;

BIBD At-Tamwil Berhad

Unit 1, Scouts Headquarters Building, BE4119

Negara Brunei Darussalam. Page 9 of 12

(f) the Customer’s breach or non-observance of the Terms herein; and

(g) infringement of rights of any third party in conjunction with the Customer’s use or access to

the Olive app.

45. The Customer hereby agrees and consents to any disclosure to the authority(ies) of any information, details and/or data pertaining to Customer’s maintained with the Finance Company in their Olive app and/or any other channels.

Force Majeure

46. In the event that ATW is unable to perform any of its obligations under this Terms either in entirety or in part, by reason of causes beyond its reasonable control, including (but not limited to) malfunction/failure of equipment, computer systems, tele/data communications and services, ﬁ re, ﬂood, explosion, natural disasters, acts of terrorism, war, accidents, epidemics, strikes, lockouts, power blackouts or failure, labour disputes, regulatory requirements/demands, the performance of the Finance Company's obligations shall be suspended for so long as the disabling events shall persist and the Customer agrees not to hold the Finance Company liable for any delay, loss, damage or inconvenience howsoever caused in connection with any of the disabling events as aforementioned.

Miscellaneous

47. The Customer agrees that the Finance Company is at liberty to vary any of the Terms including any change in prescribed fees with notice to the Customer through any mode of communication deemed feasible by the Finance Company. The Customer further agrees that if the Customer continues to use the Olive app and/or the services under the Olive app after the date upon which any variation is to take effect (as speciﬁed in the notice), the usage of the Olive app and/or the services under the Olive app shall signify his/her acceptance to be bound by such variation.

48. The Customer agrees that if the Customer does not agree to any variation in this Terms, the Customer may terminate the Olive app via the app’s de-registration function.

49. The Customer is granted a non-exclusive, non-sub licensable, non-transferable, personal, limited license to install and use the Olive app only on a mobile device that the Customer owns or controls, solely for the Customer’s personal use and as expressly permitted herein.

50. The Finance Company shall be required to act in accordance with the laws and regulations operating in Brunei Darussalam and various jurisdictions which relate to the prevention of money laundering, terrorist ﬁnancing and the provision of ﬁnancial and other services to any persons, entities or countries which may be subject to sanctions ("Regulations"). The Finance Company may take any action which it, in its sole and absolute discretion, considers appropriate to comply with the Regulations.

51. The Finance Company will not be held liable for loss (whether indirect or consequential and including, without limitation, loss of proﬁt) or damage suffered by any party arising out of:

Issued by;

BIBD At-Tamwil Berhad

Unit 1, Scouts Headquarters Building, BE4119

Negara Brunei Darussalam. Page 10 of 12

(a) any delay or failure of the Finance Company in performing any of its duties under this Terms

or other obligations caused in whole or in part by any steps which the Finance Company, in its sole and absolute discretion, consider appropriate to take in accordance with the

Regulations; or

(b) the exercise of any of ATW’s rights under this Terms.

52. If any of the Terms herein becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of any other term or condition shall remain intact.

53. No failure to exercise or enforce and no delay in exercising or enforcing on the part of the Finance Company of its rights under any of the Terms or relating to any Account or services under the Olive app shall operate as a waiver thereof nor shall it in any way prejudice or affect the Finance Company’s rights afterwards to act strictly in accordance with the powers conferred on the Finance Company under such Terms.

54. This Terms may, at the Finance Company’s discretion, be translated into a language other than the English language. The Customer agrees that such translation shall only be for its convenience and in the event of any ambiguity, discrepancy or omission as between the English text and any translated text, the English text shall prevail.

55. Any and all notices to be given under this Terms must be communicated by post, facsimile transmission, electronic mail or through Olive app or by online messages. If by post the notice will be taken to have been received within ﬁve (5) days after posting to the Finance Company to the postal address most recently notiﬁed by the Customer and if by facsimile transmission, electronic mail, through Olive app or by online messages shall be immediately on dispatch.

56. Where the Finance Company introduces new services as part of the Olive app the Finance Company may provide them on supplementary terms which will be notiﬁed to the Customer in accordance with this Terms.

57. The Customer agrees that any/all records kept by the Finance Company shall be conclusive evidence of the Customer's dealings with the Finance Company in relation to the Olive app.

58. The Customer agrees not to dispute the validity, accuracy or authenticity of any evidence of instructions and communications transmitted in any electronic form between the parties. The Customer further agrees that all such records shall be binding upon the Customer and that the Customer will not be entitled to dispute the validity or authenticity of the same.

59. The Customer agrees that all instructions and communications that meet the operating standards and requirements of the Finance Company shall be deemed to be as good as and given the same effect as written and/or signed documentary communications by the Finance Company.

60. Nothing in the Terms shall affect any right of set-off or combination which the Finance Company has in relation to any Accounts which the Customer accesses through the Olive app.

61. A person who is not privy to the Terms shall not have any rights under these Terms.

62. The Customer agrees that the Olive app is strictly to be used to purchase products and/or services which are not prohibited by Shariah principles as determined by the Finance Company’s own Syariah Advisory Body. The lists of the products/services are not exhaustive and may vary from time

to time and currently include:

(a) Alcoholic beverages;

(b) Tickets to nightclubs, pubs, escort and dating services; and

Governing Law And Jurisdiction

63. The Terms shall be governed by and construed in accordance with the Laws of Brunei Darussalam.

64. The Customer agrees to submit to the exclusive jurisdiction of the Courts of Brunei Darussalam for any disputes/matters pertaining hereto.