REVISION OF ELECTRONIC
BANKING TERMS AND CONDITIONS AND OTHER CONSEQUENTIAL AMENDMENTS
AS AT 6 November 2006
For enhanced security
purposes, we have introduced an Additional Logon PIN (ALP) feature,
where a unique PIN would be made available for you to and use
each time you access the Service as additional security verification.
We have therefore revised the Electronic Banking Terms and Conditions
to reflect these changes. These revisions are found in Clauses
3.2, 7.4 and 20 (consequential revisions). 2 additional new
clauses have been added namely Clause 3.9 and Clause 3.10.
Please read the
revised Electronic Banking Terms and Conditions carefully before
using the Electronic Banking service. The Legal Notices and Data
Protection and Privacy (with consequential amendments) will continue
to apply to these revised terms and
conditions. |
IMPORTANT LEGAL
NOTICES (PLEASE READ DISCLAIMERS AND INDEMNITIES)
PLEASE READ THE FOLLOWING
TERMS AND CONDITIONS AND DATA
PROTECTION AND PRIVACY POLICY BEFORE USING THE ONLINE SERVICES OF THIS
WEB SITE. AS THIS IS A LONG DOCUMENT, FOR YOUR OWN CONVENIENCE, PLEASE
PRINT OUT A COPY FOR EASY REFERENCE.
THIS IS A LEGALLY BINDING
AGREEMENT BETWEEN YOU AND STANDARD CHARTERED BANK (SINGAPORE) LIMITED (THE "BANK") ESTABLISHING THE TERMS
AND CONDITIONS UNDER WHICH THIS WEB SITE MAY BE USED. USE OF THE ONLINE
SERVICE IMPLIES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO
NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT ACCESS THIS WEB SITE AND
DO NOT USE THE ONLINE SERVICES.
WE DO NOT OFFER OR SELL SECURITIES
TO U.S. PERSONS UNLESS EITHER (A) THOSE SECURITIES ARE REGISTERED FOE SALE
WITH THE U.S SECURITIES AND EXCHANGE COMMISSION AND WITH ALL APPROPRIATE
U.S. STATE AUTHORITIES; OR (B) THE SECURITIES OR THE SPECIFIC TRANSACTION
QUALIFY FOR AN EXEMPTION UNDER THE U.S. FEDERAL AND STATE SECURITIES LAWS
NOR DO WE OFFER OR SELL SECURITIES TO U.S. PERSONS UNLESS (i) WE, OUR AFFILIATED
COMPANY AND THE APPROPRIATE PERSONNEL ARE PROPERLY REGISTERED OR LICENSED
TO CONDUCT BUSINESS; OR (ii) WE, OUR AFFILIATED COMPANY AND THE APPROPRIATE
PERSONNEL QUALIFY FOR EXEMPTIONS UNDER APPLICABLE U.S. FEDERAL AND STATE
LAWS.
RETAIL BANKING OFFERS ARE NOT AVAILABLE TO PERSONS RESIDING IN AUSTRALIA.
NOTHING ON THIS WEB PAGE OR THE WEB PAGES OF ANY AFFILIATE SHOULD BE
CONSTRUED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO PURCHASE
ANY SECURITIES WHERE IT WOULD BE ILLEGAL TO DO SO.
COMPANY
DETAILS
Standard Chartered Bank (Singapore) Limited is incorporated in Singapore with its registered address at 8 Marina Boulevard, #27-01 Marina Bay Financial Centre, Singapore 018981.
JURISDICTION AND
RESTRICTIONS
The Bank controls and maintains
this Web Site from Singapore and the Bank makes no representation that the
material and information contained here in is appropriate or available for
use in other locations/jurisdictions. These Terms and Conditions are
governed by Singapore Law and any dispute shall be subject to the
non-exclusive jurisdiction of the Singapore Courts.
THE DISTRIBUTION OF THIS WEB
SITE'S MATERIAL MAY BE RESTRICTED BY LAW IN CERTAIN JURISDICTIONS. IT IS
YOUR RESPONSIBILITY TO FIND OUT WHAT THOSE RESTRICTIONS ARE AND OBSERVE
THEM.
PRODUCTS AND
SERVICES
The information and material
on this Web Site should not be regarded as an offer, solicitation, invitation,
advice or recommendation to buy or sell investments securities or any
other instrument or banking product of Standard Chartered Group or any other issuer.
Use of the products or services described at this Web Site may not be
permitted in some countries and if in doubt, you should check with your
local Regulator or Authority before requesting further information. This
Web Site does not constitute an offer on the part of the Bank to provide products
or services described therein to persons or entities resident in countries
where local law or regulation does not permit their use.
Products and services are
available only at the discretion of the Bank or the relevant Standard Chartered
Group company or associate, subject to the products and services
individual contractual terms and conditions on which they are offered and
such products and services may be withdrawn or amended at any time without
notice. The full range of products or services may not be available in all
locations. Fees, commissions or other charges may apply to certain
services - the office providing the services can provide
details.
Any application made by you
for any products and services offered by the Bank, whether transmitted through
or printed from this web site or otherwise, shall be subject to the final
written approval of the Bank, which may be granted or refused at the Bank's absolute
discretion. The Bank shall not be obliged to furnish any notice or give any
reasons for any rejection of your application. The Bank's acceptance of you as
the Bank's customer and making available to you any products and services,
shall also be subject to your meeting the Bank's eligibility requirements,
submission of all necessary documents, compliance with any other terms and
conditions of the Bank, and finalisation and execution of all documents
required by the Bank.
Transactions with any office
of the Bank outside the United Kingdom, or with any other Group company outside
the United Kingdom, are not protected by the United Kingdom's regulatory
regime. Transactions with offices of non-group companies referred to in
this site will not normally be so protected unless otherwise
indicated.
DISCLAIMER
THE BANK MAKES NO REPRESENTATION
OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY REGARDING THIS WEB
SITE OR THE MATERIALS AND INFORMATION CONTAINED OR REFERRED TO ON EACH
PAGE ASSOCIATED WITH THIS WEB SITE. THE MATERIAL AND INFORMATION CONTAINED
ON THIS WEB SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT
BE USED AS A BASIS FOR MAKING BUSINESS DECISIONS. ANY ADVICE OR
INFORMATION RECEIVED VIA THIS WEB SITE SHOULD NOT BE RELIED UPON WITHOUT
CONSULTING PRIMARY OR MORE ACCURATE OR MORE UP-TO-DATE SOURCES OF
INFORMATION OR SPECIFIC PROFESSIONAL ADVICE. YOU ARE RECOMMENDED TO OBTAIN
SUCH PROFESSIONAL ADVICE WHERE APPROPRIATE.
GEOGRAPHIC, POLITICAL,
ECONOMIC, STATISTICAL, FINANCIAL AND EXCHANGE RATE DATA IS PRESENTED IN
CERTAIN CASES IN APPROXIMATE OR SUMMARY OR SIMPLIFIED FORM AND MAY CHANGE
OVER TIME. RELIANCE HAS BEEN PLACED BY THE EDITORS ON CERTAIN EXTERNAL
STATISTICAL DATA WHICH, THOUGH BELIEVED TO BE CORRECT, MAY NOT IN FACT BE
ACCURATE. THE BANK ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY
OR INDIRECTLY FROM ACTION TAKEN, OR NOT TAKEN, IN RELIANCE ON MATERIAL OR
INFORMATION CONTAINED ON THIS WEB SITE. IN PARTICULAR, NO WARRANTY IS
GIVEN THAT ECONOMIC REPORTING INFORMATION MATERIAL OR DATA IS ACCURATE
RELIABLE OR UP TO DATE.
SAVE FOR EVENTS LIKE ELECTRICAL OR NETWORK FAILURE DUE TO THE FAULT OF THE BANK OR A THIRD PARTY VENDOR COMMISSIONED BY THE BANK AND ON-LINE HACKING RESULTING IN A THIRD PARTY OBTAINING UNAUTHORIZED ACCESS TO YOUR ACCOUNT, THE BANK WILL NOT, IN ANY OTHER CIRCUMSTANCE, BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED BY YOU ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS WEB SITE. WHILE INTERNET BANKING IS AVAILABLE TO YOU ONCE EFFECTED, 24 HOURS A DAY, SOME OR ALL OF THE SERVICES THEREON MAY NOT BE AVAILABLE AT CERTAIN TIMES DUE TO MAINTENANCE AND/OR COMPUTER, TELECOMMUNICATION, ELECTRICAL OR NETWORK FAILURE OR OTHER CAUSES BEYOND THE BANK’S CONTROL.
PLEASE NOTE THAT ANY SOFTWARE DOWNLOADED FROM THIS WEB SITE IS
AT YOUR OWN RISK AND THE BANK NEITHER ASSUMES NOR ACCEPTS LIABILITY FOR ANY
LOSS OR DAMAGE, (WHETHER DIRECT OR INDIRECT), HOWSOEVER CAUSED, AS A RESULT
OF ANY COMPUTER VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR
ITEMS OR PROCESSES ARISING FROM YOUR USE OF THIS WEB SITE.
ANY HYPERLINKS FROM THIS
WEB SITE EXIST FOR INFORMATION PURPOSES AND ARE FOR YOUR CONVENIENCE ONLY
AND THE BANK ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR
INDIRECTLY (INCLUDING CONSEQUENTIAL LOSS) FROM THE ACCURACY OR OTHERWISE
OF MATERIALS OR INFORMATION CONTAINED ON THE PAGES OF SUCH SITES OR LOSS
ARISING DIRECTLY OR INDIRECTLY FROM DEFECTS WITH SUCH SITES. THE BANK'S
INCLUSION OF HYPERLINKS DOES NOT IMPLY ANY ENDORSEMENT OF THE MATERIAL ON
SUCH SITES.
THE BANK DOES NOT GUARANTEE THAT
ANY E-MAILS FROM THE WEB SITE WILL BE SENT TO YOU OR RECEIVED BY THE BANK NOR
DOES THE BANK WARRANT THE PRIVACY AND/OR SECURITY OF E-MAILS DURING INTERNET
TRANSMISSION.
USE AND DISCLOSURE OF
PERSONAL INFORMATION
Unless restricted by
applicable law, you agree that any and all personal information/data
relating to you collected by the Bank from this Web Site from time to time may
be used and disclosed for such purposes and to such persons as may be in
accordance with the Bank's current Data Protection and Privacy
Policy.
A copy of the Bank's current Data
Protection and Privacy Policy may be accessed by clicking here.
INDEMNITY
You hereby agree to indemnify
and to keep the Bank fully and effectively indemnified against any action,
liability, cost, claim, loss, damage, proceeding or expense (including
legal fees, costs and expenses on a full indemnity basis) suffered or
incurred by the Bank arising from or which is directly or indirectly related
to:-
(a) your access to and/or use
of the Bank's Web Site and/or any other person or entity's use of this service
or Web Site where such person or entity was able to access the service
or Web Site using your user id and/or password; or
(b) any breach or non-observance
of any of these terms and conditions by you or by any other person or
entity where such person or entity was able to access and/or use the Internet
Banking service or Web Site by using your user id and password.
TERMINATION
The Bank may terminate this
Agreement, your access to this Web Site and use of its Internet Banking
service at any time, with or without cause or notice.
MODIFICATION
The Bank reserves the right in its
discretion to change without prior warning or notice any information or
material contained on this Web Site and the terms and conditions under
which this Web Site is used.
INTELLECTUAL PROPERTY
RIGHTS
All contents of this Web Site
including, but not limited to the text, graphics, links and sounds are the
copyright of Standard Chartered PLC and may not be copied, downloaded,
distributed or published in any way without the prior written consent of
the Bank.
"Standard Chartered", "Standard
Chartered Bank",
are registered trade marks and
service marks of Standard Chartered PLC and no permission or licence is
granted to use any such trade marks or service marks without the prior
written consent of Standard Chartered PLC. All other marks names and logos
used on this Web Site (unless otherwise stated) are the intellectual
property rights held by companies within the Standard Chartered
Group.
In relation to any information
or materials which you submit to the Bank using this Web Site, you hereby grant
to the Bank a worldwide royalty-free perpetual licence of the copyright and
intellectual property rights in such information or materials for any
purpose it deems including, without limitation, the copying, transmission,
distribution and publication thereof, unless restricted by applicable
law.
You agree that the Bank shall not
be under any obligation of confidentiality to you regarding any such
information or materials submitted to it using this Web Site unless agreed
otherwise in a separate direct contract between you and the Bank or required by
law.
You acknowledge that the
contents of the foregoing provisions shall not limit any specific
provisions set out in the individual terms and conditions of particular
products and services offered on or through this Web
Site.
COPYRIGHT © STANDARD CHARTERED
BANK 2013. ALL RIGHTS RESERVED.
DATA
PROTECTION AND PRIVACY POLICY
This Data Protection and
Privacy Statement relates solely to information supplied by you on this
Web Site. Standard Chartered Bank (Singapore) Limited, the Data Controller (the "Bank"), respects
the privacy of your personal information. Any personal information
provided by you to the Bank through this Web Site will be used solely for the
purpose of providing you with the services you have requested at this Web
Site and for other related purposes including updating and enhancing the Bank's
records, understanding your financial needs, advising you of other
products and services which may be of interest to you and for fraud
prevention purposes. If you are providing your details in connection with
an application for employment, please refer to our "Data Protection and
Privacy Statement - Job Applicants" which will be displayed when you apply
(see our 'Careers' page). This Policy will not alter or affect any
information otherwise provided by you to the Bank.
The information collected from
you by the Bank will be valuable in improving the design and marketing of our
range of services and related products for customer use. the Bank wishes to
assure you that your private information will be treated as confidential
and with high standards of security. The use of your information will be
kept to the minimum required in order for the Bank to provide and to
continually monitor and improve its services to our customers and keeping
you informed about our products, services and other opportunities within
the Bank.
The details which you are
requested to provide on this Web Site may be transferred within the Standard Chartered
Group which may include transfer to other parts of the Group in different
jurisdictions (including outside the European Economic Area) which may not
have a level of data protection legislation equivalent to the EEA.
However, the Bank pledges its intention to meet fully internationally
recognised standards of personal data privacy protection and to comply
with the requirements of applicable data protection/privacy laws. In doing
so, we will ensure compliance by our staff with the strictest standards of
security and confidentiality. By providing personal details to the Bank via
this Web Site you consent to such transfer.
It is your responsibility to
maintain the secrecy of any user ID, login PIN and all other Passwords
and Security Codes you hold.
Other than to those
individuals and entities listed below who are under a duty of
confidentiality to the Bank, your details will not be revealed by the Bank to any
external body, unless the Bank has your permission, or is under either a legal
obligation or any other duty to do so. The information provided by you at
this Web Site may be disclosed by the Bank to:
- Other Companies in the same
Group
- Regulators
- Lawyers
- External
Auditors
- Third Party Service
Providers
- Any Agent acting on our
behalf
Data provided by you is
retained as long as the purpose for which the data was collected
continues. The data is then destroyed unless its retention is required to
satisfy legal, regulatory or accounting requirements or to protect the Bank's
interests. As a general rule, the maximum retention period is 7 years.
Cookies
In order to improve our
Internet service to you, we will occasionally use a "cookie" and/or other
similar files or programs which may place certain information on your
computer's hard drive when you visit the Bank web site. A cookie is a small
amount of data that our web server sends to your web browser when you
visit certain parts of our site. We may use cookies to:
- allow us to recognise the
PC you are using when you return to our web site so that we can
understand your interest in our web site and tailor its content and
advertisements to match your interests (This type of cookie may be
stored permanently on your PC but does not contain any information that
can identify you personally.);
- identify you after you have
logged in by storing a temporary reference number in the cookie so that
our web server can conduct a dialogue with you while simultaneously
dealing with other customers. (You browser keeps this type of cookie
until you log off or close down your browser when these types of cookie
are normally deleted. No other information is stored in this type of
cookie.);
- allow you to carry
information across pages of our site and avoid having to re-enter that
information;
- allow you access to stored
information if you register for any of our on-line services;
- enable us to produce
statistical information (anonymous) which helps us to improve the
structure and content of our web site;
- enable us to evaluate the
effectiveness of our advertising and promotions.
Cookies do not enable us to
gather personal information about you unless you give the information
to our server. Most Internet browser software allows the blocking of all
cookies or enables you to receive a warning before a cookie is stored.
For further information, please refer to your Internet browser software
instructions or help screen. Alternatively, information on deleting or
controlling cookies is available at http://www.allaboutcookies.org/
Internet Communications
In order to maintain the
security of our systems, protect our staff, record transactions, and, in
certain circumstances, to prevent and detect crime or unauthorised
activities, the Bank reserves the right to monitor all internet communications
including web and email traffic into and out of its
domains.
Your Rights and How to Contact Us
You may have the right under
data protection legislation on payment of a fee to request access to
personal information about you held by us and to have it corrected where
appropriate. If you have that right and you wish to access or correct or
delete any of your personal data held by us, or if you have any questions
concerning our Data Protection and Privacy Statement please contact the
relevant Standard Chartered Data Protection representative. In UK please write to: The
Regional Head of Legal & Compliance UK/Europe, 22 Billiter Street,
London EC3M 2RY, England. (Fax number: (+44) (0)207 280 7478). Other local
the Bank web sites may have details of local Data Protection
Officers.
Contacting You
In providing your telephone,
mobile phone number, facsimile number, postal and e-mail address or
similar details, you agree that the Bank may contact you by these methods to
keep you informed about the Bank products and services or for any other reason.
If you prefer not to be kept informed of the Bank products and services, please
contact the Bank by E-mail. The Bank reserves the right to amend its prevailing
Data Protection and Privacy Statement at any time and will place any such
amendments on this Web Site. This Data Protection and Privacy Statement is
not intended to, nor does it, create any contractual rights whatsoever or
any other legal rights, nor does it create any obligations on the Bank in
respect of any other party or on behalf of any party.
COPYRIGHT © STANDARD
CHARTERED BANK 2013. ALL RIGHTS RESERVED.
STANDARD CHARTERED
BANK (SINGAPORE) LIMITED
ELECTRONIC BANKING
TERMS AND CONDITIONS
Please read these terms and conditions
carefully.
These terms and conditions set
out the rights and obligations of you, the customer, and us, the Bank, in
connection with your use of the Service. All the terms and conditions of
this agreement are legally binding, so please read them through carefully
before you agree to be bound by them.
This agreement:
- replaces all earlier terms
and conditions relating to the Service (if any) except where we advise
you otherwise;
- is in addition to the terms
and conditions that apply to the individual accounts you may be
accessing through the Service. If there is a conflict between the terms
and conditions of this agreement and any other relevant terms and
conditions, the terms and conditions of this agreement will prevail;
and
- relates to (a) individual
accounts in your sole name and (b) joint accounts but only if these may
be operated by a single signing authority ("eligible accounts"). Account
holders who do not have an eligible account for these purposes may
nonetheless make account enquiries.
In the last section of this agreement,
you will find definitions of some of the words and phrases used in these
terms and conditions.
1. THE ACCOUNTS ON WHICH
YOU MAY USE THE SERVICES
1.1 By agreeing to
be bound by the terms of this agreement, you agree that the Service will
be available on all eligible accounts with us, whether open now or
opened in the future, including any joint accounts you hold with others.
The Service cannot be used on some types of accounts and we will advise
you from time to time as to which accounts are eligible.
1.2 In order to use the
Service, you must be registered by us to use the
Service. 2. FOLLOWING OUR USER GUIDANCE
2.1 User Guidance
on the operation of the Service will be made available to you. User
Guidance will cover (among other things) the times when the Service is
available, how to access and operate the Service, what things you can
and cannot do with the Service, and the time it usually takes to carry
out particular types of transactions. You must follow all relevant User
Guidance whenever you access and operate the Service.
2.2 We may inform you from
time to time about changes to the way you should access or operate the
Service. You must observe all such changes when accessing or operating
the Service. 3. YOUR RESPONSIBILITIES FOR
SECURITY
3.1 To ensure that
you alone are able to access and give instructions on your accounts
using the Service, you must adopt and at all times maintain the
following security procedures.
3.2 To enable you to use
the Service, we will give you a user identification code and initial
password(s) and you may then choose your own password(s) for the Service.
For certain online services and transactions, we may also require
you to obtain and use an Additional Logon Pin (ALP) for additional
security verification purposes. These are all your Security Codes
used to identify you whenever you access and transact using the Service.
If you are agreeing to the terms of this agreement jointly with others,
we will give each of you a unique identification code, initial password(s)
which each of you may choose individually and an ALP.
Safeguarding your
Password and Security Codes
3.3 In connection with your Security
Codes:
3.3.1 you should
change your Passwords regularly and may do so if or when the Service
requires you to do so. You should not choose a Password you have used
before;
3.3.2 whenever you choose
a Password, you must take care not to choose a number that is likely
to be guessed by anyone trying to access the Service pretending to be
you. For example, you should avoid your own or a relative's birthday,
or any part of your telephone number;
3.3.3 you must take all
reasonable steps to ensure that you safeguard your Security Codes at
all times, whenever possible. You must not disclose any details of
your Passwords to anyone else, including to someone who is a joint
account holder with you, or to a member of our staff, or to someone
giving assistance on a technical helpdesk in connection with the
Service;
3.3.4 you must not record
your Security Codes in a way that could make them recognisable by
someone else as Security Codes;
3.3.5 if you discover or
suspect that a Password or any part of it is known to someone else,
you must immediately change the Password yourself through the Service.
If this is not possible, you must notify us immediately by telephoning
us on 1800 747 7000 (or any other number we may let you have from time
to time for this purpose). We will suspend use of the Service until
new Security Codes have been set up.
3.3.6 in the case of an
Additional Logon PIN (ALP) to be obtained from us, you must immediately
notify us on the loss or change of your mobile phone number registered
with us. Clauses 3.3.3 and 3.3.4 above shall, with the necessary
modifications, apply to the ALP, and you must notify us immediately
if you discover or suspect that the ALP is obtained by or known
to someone else. If you are using the Service, you should immediately
terminate that online session to deactivate the ALP already obtained
for that session.
Checking
your statements
3.4 If you become aware of any
transaction on any of your accounts that has not been validly authorised
by you, you must notify us immediately by telephoning us on 1800 747
7000 (or any other number we may let you have from time to time for this
purpose). For this purpose, you are reminded that you must, as is
required of you for all your accounts, check all bank Statements for any
unauthorised transactions.
Other security
safeguards
3.5 You must not allow anyone else to operate the Service on
your behalf.
3.6 You must not leave Your
System unattended while you are on-line to the Service. This applies
whether Your System is a device you have sourced independently of us or
a device provided by us to access the Service in one of our branches.
However, the public nature of our branches makes it particularly
important that if you access the Service from a device in one of our
branches you do not leave that device unattended while on-line and you
ensure that you have gone off-line before leaving the
branch.
3.7 You must not access the
Service from any device connected to a local area network (or LAN), such
as an office environment, without first making sure that no one else is
able to observe or copy your access or obtain access to the Service
pretending to be you.
3.8 You must comply with
any other requirements designed to protect the security of your use
of the Service which are set out in the User Guidance or notified
by us to you in any other way.
Responsibility for loss
of Security Codes/token(s)
3.9 In relation to any Security
Codes and/or token(s) (where applicable) sent to you by ordinary post
or by any other means, you agree to be responsible for and accept
all risks associated with the delivery by the us to you of the Security
Codes and/or token(s), from the time the foregoing leaves our physical
custody or when we transfers control of the same to you (as applicable)
or when we send the ALP to your mobile number based on our records
or via the token and you shall be responsible for the continuing safekeeping
of the same thereafter.
3.10 Any individual, (whether
with or without your permission) who uses such Security Codes and/or
token(s) shall be deemed to have be authorized by you unless otherwise
notified by you to us. Unless otherwise notified to us by you, you
agree not to hold us responsible in any way for losses you may suffer
from non-receipt of Security Codes and/or token(s) or the disclosure
to any party.
4. YOUR AUTHORITY TO US TO CARRY OUT
INSTRUCTIONS
Your giving of
instructions via the Service
4.1 You agree that
the use of the Security Codes agreed between us for the Service is
adequate identification of you. We are entitled to act on instructions
(using the Security Codes via the Service) without obtaining any further
written or other confirmation from you, even if those instructions are
not actually given or authorised by you (except in the circumstances
described in section 4.4).
4.2 You agree that when you
give to us an instruction via the Service (including but not limited to
an instruction to transfer funds out of your account), we are deemed to
have received or executed the instruction only when you have received
our confirmation that we have received or executed that
instruction.
4.3 You are solely
responsible for ensuring the accuracy, adequacy and completeness of all
instructions given by you via the Service (including but not limited to
instructions to transfer funds out of your account). We are not obliged
to verify the accuracy, adequacy and completeness of your instructions.
Without limiting the scope of anything in section 8, we will not be
liable for any loss or damage to you as a result of:
4.3.1 your
instructions to transfer funds being inaccurate, inadequate or
incomplete in any manner; or
4.3.2 any failure,
refusal, delay or error by any third party through whom any such funds
transfer is to be made, to transfer the funds to or to credit the
account of the intended payee. Your liability for unauthorised
instructions
4.4 You will not be liable
for misuse of your Password by someone to give unauthorised instructions
purporting to come from you provided that you prove to our satisfaction
that you have:
4.4.1 ensured
that all the security procedures described in sections 3.1 to 3.3.6
inclusive and 3.4 to 3.8 inclusive have been faithfully observed;
and
4.4.2 notified us that
your Password is or might be known to someone else in accordance with
section 3.3.5.
You will be held liable for all losses due to unauthorised use
if you have acted fraudulently or with gross negligence or if you
are in willful default of any of the security obligations described
in sections 3.1 to 3.3.6 inclusive and 3.4 to 3.8 inclusive or the
notification requirements of section 3.3.5 or 3.3.6.
4.5 You will not be responsible nor
have any liability for any instruction that is not authorised by you but
is given using your Security Codes if:
4.5.1 such
instruction is given after you have notified us that you have
discovered or suspected that your mobile phone number is lost or
changed or your Password is obtained by or known to someone else in
accordance with section 3.3.5 or 3.3.6; or
4.5.2 your Password has
been obtained by or has become known to the person giving the
unauthorised instruction as a result of our failure to comply with
section 8.1 or any negligence or wilful default on our
part. Acting on your instructions
4.6 You must not use the Service to
create an unauthorised overdraft on any of your accounts and we are
entitled to refuse to accept any instruction that would do so. If an
unauthorised overdraft is created, we may take any action we think fit
and charge any interest and charges to the account in question (in
accordance with the terms and conditions of that account). You agree
that:
4.6.1 it is your
responsibility to make sure that no unauthorised overdrafts are
created; and
4.6.2 you will not rely on
the operation of the Service to prevent an unauthorised overdraft
being created. In particular, you must remember that your cheques and
any payment instructions you have given via the Service might take
time to clear and might not always be immediately reflected in the
balance on your account. 4.7 When we receive a transaction
instruction from you through the Service, we will be entitled to debit
any payment plus any charges payable for the transaction from the
account you have specified. Once you have given an instruction through
the Service, you will not be able to reverse it. We will be under no
obligation:
4.7.1 to reverse
an instruction you have given; or
4.7.2 to accept an
instruction that is conditional or reversible or which requires us to
pay a third party sooner than we would be able to pay them following
our normal banking practices.
However, if you do ask us
to reverse an instruction after you have given it, we may at our
discretion try to do so to the extent that this is possible under the
rules and practices of the banking system. You agree that you will be
responsible for any costs we incur as a
result.
4.8 We may, when we believe
we are justified in doing so:
4.8.1 refuse to
carry out an instruction given via the Service; or
4.8.2 require written
confirmation from you of a particular instruction.
If we come to believe that
an instruction may not have been properly authorised by you, we will
be entitled, after making reasonable efforts to check whether it was
properly authorised, to take steps to reverse any action taken on the
basis of that instruction. We will not be responsible for any loss to
you that results from such a
reversal. 4.9 When you give an instruction via the Service, we will act on
that instruction in accordance with the cut-off times notified to you
through the Service. From time to time we may notify you of changes to
these cut-off times. Instructions given at any other time may not be
acted on until the next Business Day. 5. IF YOU HOLD ANY JOINT
ACCOUNTS
5.1 In connection
with any account which you hold jointly (provided that this may be
operated on a single signing authority basis) with others, you agree
that:
5.1.1 your joint
account holders may operate the account using the Service on the terms
set out in this agreement. This applies even if you are not yourself
registered to use the Service (in accordance with section 1.2);
and
5.1.2 any single party to
a joint account may validly give instructions via the Service in
connection with that joint account. 5.2 The provisions of section 5.1
above override any other existing arrangements in connection with your
authority to operate joint accounts.
5.3 In connection with any
account which you hold jointly with others and requires two or more
authorised signatories to be operated, you and the joint signatories
will only be able to utilise such part of the Service which allows you
to obtain information about the account, including but not limited to
the balance of the account. 6. OPERATING TIMES, CHANGES AND
DISRUPTIONS
6.1 The Service
will usually be available for use at the times given in the User
Guidance or at other times notified to you. You accept, however, that
routine maintenance requirements, excess demand on the systems and
circumstances beyond our control may mean it is not always possible for
the Service to be available during its normal operating
hours.
6.2 In connection with the
Service, we are entitled at any time to:
6.2.1 change the
mode of operation; or
6.2.2 add to, remove or
otherwise change, end or suspend any of the facilities available;
or
6.2.3 end the
Service.
If we decide to
change or end the Service, we will try to give you 30 days notice or
whatever shorter period of notice may be reasonable in the
circumstances. 7. SERVICE SOFTWARE AND
HARDWARE
Software
compatibility
7.1 Each time you
access the Service, it may automatically provide Your System with the
Service Software necessary to enable you to access and operate the
Service. Alternatively, the Service Software may be supplied to you in
some other way. It is your responsibility to ensure that the Service
Software supplied to you is compatible with any computer or other device
from which you access the Service and any software on that computer or
other device. If it is not, you must compensate us for any loss we
suffer as a result. We shall not be liable to you for any loss you
suffer as a result of any incompatibility between the Service Software
and any computer or other device from which you access the
Service.
Protecting against
Viruses
7.2 You must take all
reasonably practicable measures to ensure that any computer or other
device from which you access the Service is free of any computer virus
or similar device or software including, without limitation, devices
commonly known as software bombs, Trojan horses and worms (together
"Viruses") and is adequately maintained in every way. The Service can be
accessed through the Internet or other communication channels as the
case may be, public systems over which we have no control. You must
therefore ensure that any computer or other device you use to access the
Service is adequately protected against acquiring Viruses.
Using other people's
devices
7.3 You must not access the
Service using any computer, mobile phone or other device which you do
not own unless you have first obtained the owner's permission to do so.
If you break this rule, you must compensate us for any loss we suffer as
a result.
Access through third
party services
7.4 We cannot be responsible
for any services through which you access the Service or by which
you obtain your Security Codes that are not controlled by us, or for
any loss you may suffer as a result of you using such a service. You
must comply with all the terms and conditions of such a service and
pay all the charges connected with it.
Ownership rights in
connection with the Service Software and other
information
7.5 By supplying you with
the Service Software to access the Service, we are granting you a
non-exclusive, non-transferable, temporary licence to use the Service
Software for the purpose of accessing the Service, and for no other
purpose. The Service Software and all other material and information
supplied to you, including the User Guidance, contains valuable
information that belongs to us or others. You must not:
7.5.1 use them
except in connection with accessing the Service;
7.5.2 take copies, sell,
assign, commercially rent, sub-license, otherwise transfer them to any
third party; or
7.5.3 try to decompile,
reverse engineer, input or compile any of the service
Software. 7.6 If you access the Service from a country outside the
Republic of Singapore, you are responsible for complying with the local
laws of that country, including (but not limited to) obtaining any
licence needed for the import / export of the Service Software to that
country. 8. THE EXTENT OF OUR LIABILITY FOR YOUR LOSS OR
DAMAGE
8.1 We will take
reasonably practicable steps to ensure that our systems in connection
with the Service are installed with adequate security designs and to
control and manage the risks in operating the systems, taking into
account any law, rules, regulations, guidelines, circulars, codes of
conduct and prevailing market practices which may be applicable to us
from time to time.
8.2 We will not be liable
for any loss or damage to you as a result of making the Service
available to you, including any direct, indirect, consequential or
special loss, even if we have been advised of the same. Examples of
circumstances in which we will NOT be liable to you for loss or damage
resulting to you through the use of the Service include (but are not
limited to):
8.2.1 acting on
an instruction which has been validly authenticated as coming from you
but which in fact was given by somebody else (but please see sections
4.4 and 4.5 which explain the exceptions to this rule);
and
8.2.2 any incompatibility
between Your System and the Service; and
8.2.3 any machine, system
or communications breakdown, interruption, malfunction or failure
(except where such failure should have been prevented by the risks
control and arrangement measures had we adopted such measures in
accordance with section 8.1), industrial dispute, failure or fault of
any Internet service providers, telecommunications or SMS service
providers or operators, or their respective agents and subcontractors
or other circumstances beyond our control that leads either to the
Service being totally or partially unavailable or delayed, or to the
non-receipt, interception of or unauthorised access to or use of the
Security Codes or to instructions given via the Service not being
received, authenticated, accurate, correct or acted upon promptly or
at all; and
8.2.4 you relying on or
using any financial or product information provided as part, or by
means, of the Service, or you using or purchasing any service or
product by virtue of such reliance or use of the Service;
and
8.2.5 any misuse of Your
System or the Service by you or anyone else; and
8.2.6 any access to
information about your accounts which is obtained by a third party as
a result of your using the Service (except where that access is
obtained as a result of our negligence or our willful default);
and
8.2.7 any delay or failure
to send, transmit, receive, confirm or acknowledge any email, SMS
messages, Security Codes or anything available under the Service, or
any error, inaccuracy or incompleteness of any information or data
available under the Service. 8.3 In the event that we are liable
for any loss or damage to you as a result of your use of the Service, we
shall only be liable for direct loss or damage which, in the ordinary
course of events, might reasonably be expected to result from the
circumstances in question and only if such loss or damage is caused by
our gross negligence or willful default. Please note that the Service has no
facility for you to let us know that it is especially important to you
that a transaction is carried out by a particular time. If you need to
be completely certain that an instruction has reached us and that it
will be carried out by a particular time, you must speak to our staff on
1800 747 7000.
8.4 You shall indemnify us,
our employees and our nominees or agents promptly and on a full
indemnity basis from or against all actions, omissions, negligence,
proceedings, claims, demands, damages, losses (including direct,
indirect or consequential losses), costs and expenses including all
duties, taxes, or other levies and legal costs as between solicitor and
client (on a full indemnity basis) and other liabilities which we may
incur or suffer from or by reason of your use of the
Service. 9. IF YOU BREAK A TERM OF THIS AGREEMENT
You must compensate
us for any loss we suffer as a result of your breaking any term of this
agreement.
10. ENDING YOUR USE OF THE
SERVICE
10.1 You may cancel
your use of the Service at any time by giving us written notice (or in
any other way we notify you about from time to time).
10.2 If you have multiple
accounts, you may not cancel the Service solely in respect of any one
account, unless you are notified to the contrary in the User Guidance or
otherwise in writing.
10.3 We have the right to
end or suspend your use of the Service at any time. We will usually give
you at least 30 days notice. However, we may give you a shorter period
of notice or no notice if we consider it necessary, for example because
of security concerns in connection with your use of the Service or
because we are concerned that you have used or may use the Service to
create an unauthorised overdraft or otherwise to operate any of your
accounts in breach of your arrangements with us.
10.4 We will be entitled to
end your use of the Service immediately on all your accounts if any of
your joint account holders notifies us:
10.4.1 that the
joint account can no longer be operated on your instructions alone;
or
10.4.2 that he/she is no
longer prepared to accept that you may operate the joint account using
the Service. 10.5 If your use of the Service comes
to an end for any reason, this will not affect any instructions you have
already given via the Service. If more than one person has signed this
agreement and one of you withdraws from the Service, this will not
affect the use of the Service by the others (except in the circumstances
outlined in section 10.4). 11. ABOUT OUR CHARGES
11.1 We are
entitled:
11.1.1 to charge
you fees and charges for the Service; and
11.1.2 to change those
fees and charges from time to time by giving you at least 30 days
notice. If we give you such a notice, you will not have to pay any
proposed increase so long as you cancel your use of the Service during
the 30 day notice period. However, your continued use of the Service
after the 30 day notice period shall be conclusively deemed to be your
acceptance of such changed fees and
charges. 11.2 To avoid any doubt, please note that the references to fees
and charges in section 11.1 only apply to our charges for providing the
Service. They do not apply to any charges for particular banking or
other services we might provide in response to your requests via the
Service. We will be happy to provide you with details of our charges for
particular banking or other services on
request. 12. OUR RIGHT TO MAKE CHANGES TO THIS AGREEMENT
12.1 We have the
right to change the terms of this agreement at any time by giving you
notice either in writing, by placing prominent notices at our offices or
branches or by sending you a message via the Service. Your own rights to
use the Service will not be affected by the change until you have
actually received the notice.
12.2 We will give you 30
days notice of any change before it takes effect, except when notice has
to be shorter in order to protect the security of the Service or in
other circumstances beyond our control. Once you have received notice of
any change in the terms of this agreement, we will treat your subsequent
use of the Service as your acceptance of the change (but please
remember, you have the right to end your use of the Service at any
time). 13. THE VALIDITY OF THE TERMS OF THIS AGREEMENT
13.1 If any one or
part of the terms of this agreement proves to be legally unsound or
unenforceable in any way, this will not affect the validity of the
remaining terms.
13.2 We believe the terms of
this agreement are fair. If any one or part of them proves to be not
legally valid because it is unfair or for any other reason, we are
entitled to treat that term as changed in a way that makes it fair and
valid.
13.3 If one of the terms of
this agreement is unenforceable against one of the customers signing
this agreement, this will not in any way affect the enforceability of
that term against the other signatories.
13.4 If we relax any of the
terms of this agreement once, this may be on a temporary basis or as a
special case only. Such relaxation will not affect our right to enforce
that term strictly at any other
time. 14. COMMUNICATIONS BETWEEN US
14.1 Except for
situations where this agreement refers to your giving us notice by
telephone, you should give us any other formal notice in connection with
the Service in writing (in hard copy form) to any of our branches in
Singapore where you maintain an account (or any other address we may
notify to you from time to time for this purpose).
14.2 Any complaints in
connection with the Service should be directed to: any of our branches
in Singapore where you maintain an account (or any other address we may
notify to you from time to time for this purpose).
14.3 Electronic mail is not
a completely reliable or secure method of communication and you must not
use it for sending us:
14.3.1 notices in
connection with the terms of this agreement; or
14.3.2 sensitive
communications, such as payment instructions (payment instructions
should be sent through the Service in accordance with the User
Guidance or in accordance with the terms of the relevant account which
you hold with us). 14.4 If we need to send you a notice,
we will use the address you have given us most recently in connection
with your bank accounts.
14.5 For purposes of certain Passwords
like the ALP, we will for security reasons transmit them through a stipulated
communication or electronic device designated in advance to the address
or number reflected on our records as the most recently registered address
or number (including your registered mobile phone number), or where such
communication or electronic device is unavailable, in such manner and
through such other medium as we may otherwise stipulate.
15. SERVICE QUALITY:
RECORDING YOUR CALLS AND INSTRUCTIONS
To protect both our
customers and our staff, and to help resolve any disputes between you
and us, you acknowledge that:
15.1 we will record all
telephone conversations between us and customers of the Service;
and
15.2 we will keep a record
of all instructions given by customers via the Service;
and
15.3 we may listen to
telephone calls made in respect of the Service in order to assess and
improve the quality of the Service. 16. OUR ADVERTISING
From time to time
we may advertise our own products and services, and those of other
companies in the Standard Chartered Group, through the Service. If,
in connection with other agreements with us, you have asked us not to
send you any marketing material (or if you do so in the future), you
agree that this restriction will not apply to these
advertisements.
17. THE LAW GOVERNING THIS
AGREEMENT
This agreement is
governed by the laws of the Republic of Singapore ("Singapore"). Both
parties agree to submit to the jurisdiction of the Singapore Courts in
connection with any dispute. This does not affect our right to pursue
our remedies in the courts of any other jurisdiction which is
appropriate. In the event of any inconsistency between the English
version and the Chinese version of this agreement, the English version
of this agreement will prevail. 18. ADDITIONAL TERMS AND CONDITIONS
APPLICABLE TO THE INTERBANK FUNDS TRANSFER SERVICE
18.1 You may use
the Service to instruct us to transfer funds from your account with us
(“your designated account”), to a stipulated account with another bank.
This Interbank Funds Transfer Service (“IFTS”) is part of the Service
provided by us to you. You acknowledge that using the IFTS is the same
as using the Service.
18.2 You may issue as many
instructions to transfer funds in any one day as you wish. However, you
may only issue instructions to transfer up to an aggregate total of your
personalized limit per day.
18.3 We are not obliged to
execute your instructions to transfer funds via the IFTS and we will not
be liable for any loss or damage to you as a result of us not effecting
such instructions, if, on the stipulated transfer date:
18.3.1 your
designated account does not contain sufficient funds to make the funds
transfer; or
18.3.2 your designated
account does not contain sufficient funds to pay for any charges,
fees, interest or other sums that may be payable by you to us;
or
18.3.3 the execution of
your instructions will cause the balance in your designated account to
exceed the credit limit that we have set for you and/or your
designated account; or
18.3.4 your designated
account is closed, frozen or inaccessible for any
reason. 18.4 You agree that you, and not we, will be responsible for any
charges imposed, or any other action taken, by a receiving bank or
intended receiving bank, where:
18.4.1 you do not
have sufficient funds in your designated account to make a transfer;
or
18.4.2 an order of court
prohibits withdrawals from your designated account; or
18.4.3 your designated
account is closed; or
18.4.4 your designated
account or any funds in your designated account have been put on hold;
or
18.4.5 the execution of
your instruction to transfer funds will cause the balance in your
designated account to exceed the credit limit that we have set for you
and/or your designated account; or
18.4.6 you did not
correctly use the Service, including the IFTS; or
18.4.7 circumstances
beyond your reasonable control prevent the transfer of the funds,
despite reasonable precautions taken by you. Examples of such
circumstances which are beyond your reasonable control include (but
are not limited to) fire, flood or improper transmission or handling
of payments by a third party. 18.5 We are entitled to determine at
our discretion the order of priority in executing your instructions to
transfer funds and/or any other existing arrangements you may have made
with us on the stipulated date for the execution of the funds transfer.
Examples of such other existing arrangements include (but are not
limited to) cheques, standing orders, and interbank GIRO
deductions. 19. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE BILL PAYMENT
SERVICE
19.1 You may use
the Service to instruct us to transfer funds from your account with us
(“your designated account”), to the account of a stipulated payee
organisation (which may either be with us or with another bank). This
Bill Payment Service (“BPS”) is part of the Service provided by us to
you. You acknowledge that using the BPS is the same as using the
Service.
19.2 You may issue as many
instructions to make payment to payee organisations in any one day as
you wish.
19.3 You acknowledge that
all payments received by us from you for the account of the payee
organisation will be credited to the payee organisation
on:
19.3.1 if the
payee organisation’s account is maintained with us, the next Business
Day; or
19.3.2 if the payee
organisation’s account is maintained with another bank, on the second
Business Day after the Business Day on which we receive the payment
from you for the account of the payee
organisation. 19.4 You agree that we are entitled
to provide a report on a daily or other regular basis to all payee
organisations under the BPS. This report will list out all the users of
the Service who have made payments to that payee organisation and the
respective amounts paid by each of those users to that payee
organisation and credited into that payee organisation’s account on each
day.
19.5 We are not obliged to
execute your instructions to make payments to payee organisations via
the BPS and we will not be liable for any loss or damage to you as a
result of us not effecting such instructions, if, on the date on which
such payment is to be made from your designated account:
19.5.1 your
designated account does not have an adequate balance to make the
payment; or
19.5.2 your designated
account does not contain sufficient funds to pay for any charges,
fees, interest or other sums that may be payable by you to us;
or
19.5.3 the execution of
your instructions will cause the balance in your designated account to
exceed the credit limit that we have set for you and/or your
designated account; or
19.5.4 your designated
account is closed, frozen or inaccessible for any
reason. 19.6 You agree that you, and not we, will be responsible for any
charges imposed, or any other action taken, by a payee organisation or
intended payee organisation, where:
19.6.1 you do not
have an adequate balance in your designated account to make the
payment; or
19.6.2 an order of court
prohibits withdrawals from your designated account; or
19.6.3 your designated
account is closed; or
19.6.4 your designated
account or any funds in your designated account have been put on hold;
or
19.6.5 the execution of
your instruction to make payment will cause the balance in your
designated account to exceed the credit limit that we have set for you
and/or your designated account; or
19.6.6 you did not, at our
sole discretion, correctly use the Service, including the BPS;
or
19.6.7 circumstances
beyond your reasonable control prevent the making of the payment,
despite reasonable precautions taken by you. Examples of such
circumstances which are beyond your reasonable control include (but
are not limited to) fire, flood or improper transmission or handling
of payments by a third party. 19.7 We are entitled to determine at
our discretion the order of priority in executing your instructions to
make payments and/or any other existing arrangements or instructions you
may have made with us on the date on which the payment to the stipulated
payee organisation is to be made from your designated account. Examples
of such other existing arrangements or instructions include (but are not
limited to) cheques, standing orders, interbank GIRO deductions and
instructions to transfer funds. 20. DEFINITIONS : THE MEANING OF SOME
WORDS AND PHRASES USED IN THIS AGREEMENT
Some words and
expressions used in this agreement have particular meanings as
follows:
"ALP" means
a unique randomly generated password known as the Additional Logon
PIN that is required to access the Services as a means of identifying
you when you use the Service, and which we will transmit using your
mobile phone number that has been registered with us or via token
or such other means as we may otherwise select or agree.
Business Day
means a day (other than Saturday, Sunday or a public holiday) on which
banks are open for business in Singapore.
Password means
the Phone Banking Personal Identification Number, AOP or Internet
Banking Personal Identification Number or secret number(s) chosen by you
(or if you do not elect to change it, the initial secret number(s) given
to you) that is used to confirm your identity whenever you use the
Service.
Security Codes
means the user identification code with the applicable Password details
agreed between you and us and shall also include the ALP that are
used to identify you whenever you use the Service.
SMS means a
service known as Short Message Service that enables text and other
messages to be transmitted between mobile phones and such other
telecommunication or electronic devices as the relevant service
providers may make available.
Service means
the services provided by us which enable you to obtain information from
us and give instructions to us by computer, telephone, mobile telephone,
personal digital assistant or other device linked to our system by any
means (among other things).
Service
Software means any software supplied to you whenever you access
the Service and any other software we supply to you for the purpose of
accessing the Service from time to time.
Statement
means bank statement, contract or translation note, confirmation notice
for Investment Services, or any of these or similar documentation, as
applicable, depending on the service.
User Guidance
means the guidelines we provide from time to time in connection with
your operation of the Service, which may include guidance:
- in hard copy form (for
example, in a user manual or by letter); and
- spoken guidelines (e.g.
by any technical helpdesks we may operate); and
- through any on-line help
service available as part of the Service.
We/us/our/Bank
refer to Standard Chartered Bank (Singapore) Limited, a company incorporated in Singapore with its registered address at 8 Marina Boulevard, #27-01 Marina Bay Financial Centre, Singapore 018981.
You/your
means you,
the customer(s), who are registered by us to use the
Service.
Your System
means the equipment and software contained on it used by you to access
the Service.
COPYRIGHT STANDARD CHARTERED
BANK 2013. ALL RIGHTS RESERVED.
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