These terms and conditions govern your access and use of, and your rights and obligations when accessing and/or using, the Internet Banking services provided by RHB Bank Berhad in the website (as hereinafter defined).
If you are accessing this website to subscribe to the services herein, when you click on the "I submit" icon it will be your acknowledgment and agreement to abide and be bound by these terms and conditions and/or the Terms and Conditions Governing Accounts and it shall constitute an agreement between you, the customer, and us, RHB Bank Berhad, for such access and/or use.
In addition thereof, you further agree (i) to the collection, storage, communication and processing of any of your Information by any means necessary for us to maintain appropriate transaction and account records and to the release and transmission to and the retention by the relevant Providers (including third party hosts of the Internet Banking platform and call centre which the Bank may contract) of your Information and (ii) consent to us and/or any of our personnel disclosing any Information (as hereinafter defined) to:
a. Any of our directors, employees, personnel, Affiliates or Providers which has a legitimate business purpose for obtaining such information, including offering you products or services in connection with or to facilitate the use of Internet Banking Services;
b. Any of our Providers, Affiliates or any third party as we may consider necessary in order to give effect to any instructions or transactions or to comply with any order or request of any court or government or regulatory authority in any jurisdiction;
c. Any person using the Internet Banking Services purporting to be you where such disclosure is reasonably regarded by us as to be necessary to complete the transaction or to carry out the instructions;
d. Any other joint account holder of your Account;
e. The police or other authorities whether in Singapore or elsewhere for the purpose of making a report or facilitating any investigation;
If you fail and or refuse to provide the information required by us, we may not be able to provide or continue to provide the services to you.
Our authority and/or your consent to us disclosing your information as set out abovementioned shall survive the termination of the Internet Banking Services and our rights hereunder shall be in addition and without prejudice to our other rights of disclosure under and pursuant to the Banking Act, Chapter 19 of Singapore or any other statutory provisions and in law and nothing herein is to be construed as limiting any of those other rights.
In these Terms and Conditions, unless the context otherwise requires, the following terms shall have the following meanings:
"Access ID" means any one of the following:
"Account(s)" means any one or more of your accounts held with the Bank which includes your savings, credit, current, fixed deposit, loan or any other account that may be accessed through the Internet Banking Services under the Website in accordance with these Terms and Conditions or the Bank’s rules and procedures from time to time.
“Affiliates” in relation to the Bank means the Bank’s holding company or any of its related corporation.
"ATM" means any of the Bank’s Automated Teller Machines in Singapore.
“Business day” means any day which the Bank is open for business in Singapore
"Content" means any and all materials, information, graphics, texts, images, links, advertisements and data appearing or contained in the Website.
"Identifiers" means your Access ID, Username, Password, Secret Phrase, One-Time Password (OTP), Security Code and any one or more of the same.
"Information" means (i) any information or particulars relating to you, or your account(s) maintained with the Bank, whether the account(s) is in respect of a loan, investment or any other type of transaction, any instructions given by you or any transactions performed by you; and (ii) any information relating to any of your deposits with the Bank; any of your funds under management by the bank; or any safe deposit box maintained, or any safe custody arrangements made, with the Bank.
"Internet Banking Services" or "Service" or "Services" means the products and services provided by us to you through the Internet via our Website in accordance with these Terms and Conditions or any other rules and regulations determined by the Bank.
"Link" means a link which is marked as a highlighted word, a different coloured word and/or a graphic (e.g. a trademarked logo or a button) on the Website which alerts the user of the Website to the existence of a link to another page on the Internet or World Wide Web on a site other than the Website.
"RHB" or “the Bank” (used interchangeably) means RHB Bank Berhad, Singapore Operations (UEN No. S99FC5710J), a company incorporated in Malaysia and is licensed to conduct banking business under the Banking Act, Chapter 19 of Singapore through its several branches in Singapore and having a registered office in Singapore at 90 Cecil Street, #04-00, Singapore 069531and includes its successors in title and assigns.
"SSO" means any one or more of the Bank’s branches.
"Username" means the name made up of a string of characters selected by you which, being unique to you, constitutes one part of your electronic signature hereunder and is the only means by which the Bank identifies you and your Account(s) when you access the Internet Banking Services.
"Password" means the string of characters selected by you which, being unique to you and known only to you and the Bank's computer system, authenticates your Username whenever you access the Internet Banking Services and together with your Username constitutes the other part of your electronic signature.
“Secret Phrase” means the string of alphanumeric characters selected by you which, being unique to you and known only to you and the Bank’s computer system, will be displayed on screen after you have entered your Login Username. This is the mutual authentication function used by RHB to verify that the login page is from a genuine RHB site.
“Security Code” means personal or log-on identification numbers, one time password generated by a Security Device, usernames, other code or access procedures (including any dynamic or static password, pin sequence or code) issued to and registered in your name and approved for use as second-factor authentication;
“Security Device” means any smartcard, tokens, electronic devices, hardware or any other equipment issued to you from time to time for use by you to generate or receive Security Code in order to enable you to perform or carry out certain internet banking transactions;
“One Time Password (OTP)” means the unique alphanumeric code that is only valid for a single transaction when you perform certain transactions. The OTP will be sent together with Security Code via SMS to your registered mobile number. You have to make sure that the Security Code displayed on the Confirmation Page is an exact match with the Security Code sent via SMS before entering your OTP to complete the transaction.
"Standard Terms" means the Bank’s prevailing Standard Terms and Conditions governing accounts, products and services, whether or not such products, services or items are accessed or offered through or in the Internet Banking Services.
"ATM PIN" means your personal identification number allocated by the Bank or as may be changed or revised by you at any ATM in accordance with the subscription procedures to the ATM Services.
"Terms and Conditions" means these Terms and Conditions For Access and Use of the Internet Banking Services as modified from time to time.
“Website” means the Bank’s website at https://www.rhbgroup.com.sg
Use of the expressions "we", "us", "the Bank" and "our" means RHB Bank Berhad, its branches and its group of companies, their partners and their contractors, or any one of them, while use of the expressions "you" and "your" means you and any third party authorised by you to access this Website and use the Internet Banking Services.
2. Website (https://www.rhbgroup.com.sg)
This Website offers you access to a variety of banking products, services and other online facilities and resources subject to your absolute acceptance without variation, modification or limitation of the Terms and Conditions.
The Bank reserves the right at all times to vary, modify, delete or add to these Services, Content and/or the Website without notice. Your continued access and use of these Services and/or the Website (as varied and modified from time to time) will amount to your acceptance of any variation, deletion, modification or addition to these Services, Content and/or the Website.
This Service is only available to first-time access customers who already have an existing savings or current account with the Bank which account is valid whenever the Service is accessed and/or used. Notwithstanding the above, we may at our absolute discretion refuse registration to any first-time access customers and/or change the eligibility criteria above without giving any reasons and/or notice therefor.
We may from time to time impose transaction limits for the Internet Banking transactions. The operation of the transaction limits is subject always to the availability of funds in your accounts(s), and the Bank hereby reserves the right to vary such limits with or without notice to you from time to time hereafter.
All your Accounts (including your joint accounts) that are linked to an Access ID will be automatically linked and accessible under the Services via your Username, subject to a maximum number of Accounts as may be prescribed by the Bank from time to time. You understand and acknowledge therefore that you will strictly observe your obligations under Clauses 4 and 5 hereunder, and that the Bank shall not be responsible for any loss or damages suffered by you howsoever arising from your non-observance thereof. Further, notwithstanding anything herein to the contrary, and notwithstanding your personal compliance with the subscription procedures of the Services, the Bank is entitled (but is not obligated) to restrict your access to the Services until the Bank has received the written consent of your joint accountholder (if applicable) for your access to and use of the Services.
You may initiate to link new Accounts to or delete existing Accounts from your Username by using the ‘Manage Account’ function made available online.
You may open a new Fixed Deposit Account online for purpose of placing funds into the new Fixed Deposit Account. If you do so your signature record under your existing Account(s) will be assigned to this new Fixed Deposit Account.
3. Funds Transfers (including Bill Payments)
You must keep your Accounts in sufficient funds to enable the Bank to complete any instructions to debit your account and effect a transfer of funds.
The Bank will not be liable for any delayed or failed funds transfer, if such delay or failure is not a result of gross negligence, wilful omission or reckless act of the Bank or our directors, employees or personnel. It is recommended that you allow a reasonable period of time for the Bank to effect your bill payments / funds transfers / remittances and / or notify you of any problem or restriction in effecting the same. You agree to regularly check your Account to ensure that funds transfers have been effected in accordance with your instructions.
MAS Notice 626 requires the Bank when effecting wire transfers transactions, where the applicant is remitting/transferring monies exceeding S$2,000 overseas, to provide the following complete originator’s information to the receiving bank, i.e.:
In addition, if an account holder is receiving an inward wire transfer for credit into an account maintained with the Bank, the Bank is required to obtain the complete originator information from the remitting bank. Funds may be rejected or there may be a delay in crediting such funds to the account if the remitting bank had not provided the complete originator’s information as set out above.
The Bank shall be at liberty on your behalf to make use of any independent third parties in any issuance of demand drafts, cashier’s orders or in effecting any other type of remittance and shall not assume any liability for any delay, non-remittance or non-receipt of such proceeds arising on the part of such independent third parties.
The Bank shall at its absolute discretion determine the order or priority of funds transfers instructed by you, and may at its absolute discretion use your overdraft facility (if applicable) to effect such funds transfers instead of another Account (if unspecified by you), and may subsequent thereto transfer funds from any of your Accounts to cover any overdrawn amount in your current account.
Any instructions for funds transfers is subject to any arrangement now subsisting or which may hereafter subsist between you and the Bank in relation to your Account or any banking accommodation or credit facilities afforded to you. In particular, the Bank hereby reserves the right to:-
4. PIN, Security Devices and Other Security Features
In order for you to access and use the Internet Banking Services to view your current account and/or savings account (CA/SA) balance and perform financial transactions, you must register your ATM Card when you log on to Internet Banking Services for the first time.
Upon acceptance of your ATM Card registration, you will be required to key in your Username and SignOn Password. Upon acceptance of the aforementioned and your acceptance of these Terms and Conditions, your access to the Internet Banking Services will be activated.
The Bank is entitled at any time, to invalidate or cancel any or all of your Identifiers with or without prior notice (although you will be informed as soon as practicable thereafter). Such invalidation or cancellation will normally be effected if the integrity or security of your Identifiers is compromised or are suspected to have been compromised, or if the security and integrity of any part of the Services is threatened in any way whatsoever. However, the Bank is not obligated to share its reasons with you, and shall not be held liable or responsible for any loss or damage that you may suffer as a result of such invalidation or cancellation.
Certain Internet Banking Services may require the use of Security Code generated by a Security Device. The Bank may from time to time designate a Provider to issue you with the Security Device and or provide you with measures or procedures to allow you the use of such Internet Banking Services. You shall comply with all requirements, instructions and specifications relating to the Security Device (including without limitation any registration and activation procedures) as may be prescribed by the Bank or the designated Provider at any time and from time to time.
You are responsible for acquiring or procuring the Security Device from the Bank’s designated Provider and for the confidentiality and use of the Security Device. It is important that you take steps to prevent unauthorised use of the Security Device as you are liable for any financial loss incurred or transactions carried out in connection with the use of the Security Device as you may not claim against the Bank in respect of any such use or purported use of the Security Device.
You shall at no time and under no circumstances permit any Security Device issued to you to fall into the possession of or under the control of any other person. The Bank shall be entitled to rely on and treat any instructions made, submitted or effected using the Security Device or the password generated by the Security Device as having been made, submitted or effected by you.
You must notify the Bank immediately if you have lost your Security Device or have knowledge or have reason for suspecting that the confidentiality of the Security Codes and or the Security Device have been compromised or if there had been any unauthorised use of the Security Device.
All Security Devices provided to you are the property of the designated Provider and the Security Device must not be altered, tampered with or in any way modified.
Where the Security Device issued to the Customer is lost or failed to function properly, the Bank’s only obligation in respect of such Security Device is to arrange with the designated Provider to replace the same with a new Security Device for a fee which shall be determined by the Bank or by the designated Provider in its sole and absolute discretion.
5. Your Responsibilities for Security
To ensure you alone can access and give instructions using the Service, you must keep strictly to the following security procedures:
6. Operating Times
The Service will usually be available for use 24 hours, 7 days a week unless otherwise specified in these Terms and Conditions or on the Website.
Some or all of the Services that may be accessed through the Website may not be available at certain times due to routine maintenance requirements, malfunctions or system failure, excess demands on the system and/or circumstances beyond our control. The Bank makes no warranty that the Service (or any part thereof) provided under the Website will be available at the times stated herein. In the event of any failure or disruption in the Service (or any part thereof), you may e-mail us at email@example.com or call our Customer Care & Contact Centre at 1800 323 0100 or +603 9145 1388 if you are overseas. Please be reminded that banking transactions may still be conducted via our other service delivery channels (eg. Business Centre, ATM, etc.).
You irrevocably agree and authorise us to act on all your instruction(s) (including funds transfers, bill payments, stop payment instructions, etc.) via the Service after you have successfully logged on to the Services, and accept full responsibility for all such instruction(s), and in particular for ensuring the accuracy and completeness of your instruction(s), and also for ensuring that the same instructions are not inadvertently transmitted to us twice.
All instruction(s) issued after successful log on to the Services, when received by us, shall be effected in accordance with the procedures, limits and conditions determined by us and any applicable laws from time to time. We may delay or refuse to carry out or determine the priority of or execute any such instruction(s), without prior notice and at our absolute discretion, at any time without giving any reason to you. Please be reminded that certain transactions may only be processed during normal banking hours and may take a number of business days to complete, despite the extended operating times of the Service.
All instruction(s) issued after successful log on to the Services shall be binding on you once transmitted to us regardless of whether the instruction(s) are issued by you or by some other person, whether authorised or not unless such unauthorised access is directly caused by any failure of the Bank to take reasonable measures to ensure the security and integrity of the Internet Banking Services consistent with applicable regulatory requirements. We will not be liable for any loss or damage (including without limitation loss of funds) suffered or incurred by you as a result of:-
Once you have given an instruction, you cannot cancel or amend it. However, upon your request, we may, at our absolute discretion, (but shall not be obligated to) agree to revoke, cancel, reverse or otherwise amend any earlier instruction of yours. All costs and charges incurred by us in implementing any such requests by you shall be borne by you and may be debited from your Account(s) as the Bank deems fit.
It shall be your responsibility, upon discovery, to notify us as soon as possible:
You agree and accept that the Bank’s records of all transactions carried out by you or authorised by you after the successful log on to the Services shall be conclusive and binding on you for all purposes.
8. Rights of & Liabilities to Third Parties
At times you may require services of and/or software provided by third parties, which are not under our control, to access and operate the Internet Banking Services. In this regard, you understand and agree as follows:
You understand that any access to the Website or the Internet Banking Service will be effected through the relevant internet service provider, network provider or communication network provider in the country from which such service is accessed, and to this extent such access will also be subject to and governed by the relevant laws and regulations of that country and any terms and conditions prescribed by such relevant internet service provider, network provider or communication network provider.
We do not warrant the security and confidentiality of information transmitted through the internet service provider, network provider or communication network provider or any equivalent system in any jurisdiction via the Internet Banking Service. In addition thereto, you accept and agree that we shall bear no responsibility for any electronic, mechanical, data failure or corruption, computer viruses, bugs or related problems that may be attributable to services provided by any relevant internet service provider, network provider or communication network provider.
The Bank will, from time to time, and at our sole and absolute discretion, display certain third party products or services in the Website, or a link to the website of such third party in our Website. While the Bank will endeavour to ensure a minimum quality and standard for all products and services offered within our Website, since your purchase of such products or services will be directly from the third party concerned, we cannot make any representations or warranties on the pedigree of such third party and/or the quality or standard of their products or services.
You shall indemnify, defend and hold us harmless from and against any and all suits, actions, judgements, damages, reasonable costs, losses, reasonable expenses (including legal fees on a solicitor and client basis) and other liabilities arising from a breach and/or contravention and/or non-compliance with any provision under this Clause 8.
9. Equipment and Software
You also agree that you are solely responsible for your computer, system or other device from which you access the Internet Banking Services, including without limitation the maintenance, operation and permitted use of such computer, system or other device and that it is your obligation to comply with any criteria imposed by us from time to time with respect to your computer, system or other device from which you access the Internet Banking Services (including any software used).
You shall not access the Service using any computer, system or other device which you do not own unless you have received the owner’s permission. You shall also ensure that any computer, system or other device from which you access and use the Internet Banking Services shall be properly maintained and shall be free from any defects, viruses or errors. You are to further ensure that your PC or laptop is loaded with the latest anti-virus and anti-spyware software and that the said software is regularly installed with the latest updates.
10. Fees and Charges
The Bank is entitled, from time to time, to charge reasonable fees and charges, or vary existing fees and charges, for the access and/or use of the Service or for any products, services or items provided in the Website. Continued access and use of the Service shall be considered your acceptance of such fees and charges.
The fees and charges stated above relate only to the access and use of the Service or the Website or any product or service provided thereunder. You may also be liable for any other fees or charges imposed by the Bank for transactions and instructions made under or pursuant to this Service (including bank charges, administrative charges, processing fees, interest charges, etc.) and which are payable to us under the Standard Terms or under any other applicable agreements, terms, conditions or procedures determined by the Bank from time to time.
If any Goods and Service Tax (GST) or any other taxes or levies are payable for your use of the Services or the Website, you further agree to pay all such GST, taxes or levies.
Please be reminded that the Bank has the right to automatically debit your Account(s) for all fees and charges for the access and use of the Service, and any governmental fees, taxes and or levies, and also any other fees and charges payable on the transactions performed by you from time to time, herein mentioned. We shall not be obligated to separately notify you or to obtain your consent prior to any debit made by us.
Please also be reminded that in the event your Account is overdrawn as a result of the Bank’s exercise of its right to automatically debit your Account, the amount for which your Account is overdrawn including interest and any other bank, administrative or other charges imposed by us is a debt due and payable to us, which shall attract the usual overdraft facility interest and default rates.
11. Content of Website
We will take reasonable measures to ensure the validity and accuracy of all information in relation to the Bank and the Bank’s products and services offered in the Services.
Notwithstanding the foregoing however, the products, services, information, Content and any material (including without limitation links to other websites and products, services, information, material, content of third parties) contained in the Website or made available to you under or pursuant to the Internet Banking Service is provided on an "as is" and "as available" basis without any warranty and/or representation of any kind whatsoever. As such access and use of the Website and Internet Banking Services is at your sole risk and you will be solely responsible for the independent and/or professional evaluation and verification of the merchantability, fitness for any purpose, accuracy, quality, adequacy, timeliness and/or completeness of the products, services, information and/or Content prior to conducting your activities and making any decisions based on any such products, services, information and/or Content, including decisions relating to business, financial, commercial and/or investment matters.
The links from or to websites out of our Website are provided for your convenience only. As such linked websites are under the control and ownership of third parties, the Bank shall not accept any responsibility or liability for the access to such links, nor the products, services, information, materials or contents of such websites. Also, the Bank does not warrant and is not responsible for the status of such links or any links contained in a linked website nor the products, services, information, material and/or content therein. Furthermore, the links provided in the Website shall not be considered or construed as an endorsement or verification of such linked websites or the contents therein by the Bank.
You shall bear all risks and assume sole responsibility for accessing these other websites or portals through the links provided herein and we shall not be liable for any loss or damage that may be incurred as a result of such access.
13. Restrictions on Your Use of the Internet Banking Service
As a condition of your permitted use of the Website, you undertake that you will not use the Website (or any service, information or product thereunder) for any illegal or unlawful purpose or where otherwise prohibited under law or by these Terms and Conditions. You shall not use the Website (or any service, information or product thereunder) in any manner which could damage, disable, overburden, corrupt or impair the Website or the hardware and software system, security protocols, information/service provider networks or other operations or interfere with any party's use and enjoyment of the Website. You shall not attempt to gain unauthorised access to any account(s) (other than your own) or any hardware and software system, security protocols, information/service provider networks or other operations connected to the Website, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or the Internet Banking Services.
In addition to the aforesaid restrictions and conditions for your permitted use and access to the Website you shall not modify, copy, distribute, transmit, use or otherwise deal with any of the products, services, information or Content of the Website without obtaining our prior written approval unless expressly allowed under these Terms and Conditions. Further, you shall not post, send or transmit any unauthorised content on to or through the Website including without limitation, content that (i) is unlawful, vulgar, obscene, libelous, breach of privacy, abusive or otherwise objectionable; (ii) "junk mail", "spam", "chain letters" or any other form of unauthorised materials; and (iii) contains software viruses or any file or program that may interrupt, disable, overburden, corrupt or impair the Website or the hardware and software system, security protocols, information/service provider networks or other operations.
At all times you agree to keep and maintain sufficient funds in your Account(s) in order to facilitate any request given pursuant to these Terms and Conditions.
14. Ownership of Intellectual Property Rights
We own absolutely and hereby assert whether now or in the future all registered and unregistered rights (including all moral rights) in the Internet Banking Service, the Content, and the Website and any other legal and beneficial rights and interests of whatever nature related thereto conferred under the laws of Singapore and all the countries in the world for the full period thereof, together with any renewals and extensions thereof.
Nothing herein shall be deemed to grant any express or implied license (or other right) to you to use, reproduce, copy or otherwise deal with any one or more of the intellectual property or proprietary rights set out in the aforesaid paragraph. The Internet Banking Service and the rights granted to you under these Terms and Conditions are made available to you strictly for your personal use and access. Any rights not expressly granted under these Terms and Conditions are entirely and exclusively reserved to and by the Bank.
You shall not by yourself or through any third party commit or attempt to commit any infringing acts, including but not limited to framing, unauthorised linking, spamming, metatagging, and/or spidering.
From time to time the Bank may issue directives or instructions in relation to any use of the intellectual and proprietary rights belonging to the Bank (or to its designees) and you shall forthwith comply with any and all such directives or instructions.
15. Representations and Warranties
Except as specifically provided herein and to the fullest extent permitted by law, we make no and expressly exclude all and any warranties, representations, guarantees or endorsements, whether express or implied, oral or written, including without limitation to warranties for merchantability, fitness for a particular purpose, accuracy, quality, adequacy, security, availability, reliability, timeliness and/or completeness of any product, service, information, Content or any other (including third party products, services, information and content) contained in the Website or made available to you under or pursuant to the Internet Banking Service or these Terms and Conditions or the performance, use and operation of any of the foregoing.
You agree that you have placed no reliance on any representation, warranty or guarantee made by us save and except for those representations, warranties or guarantees which have been expressly stated under these Terms and Conditions. Any representations, whether written or oral, given by any officer or representative of the Bank shall be void and have no legal effect whatsoever.
16. Liability & Indemnity
Subject to applicable laws and regulations, we shall only be liable for your direct losses and damages directly caused by our gross negligence, wilful omission or reckless default. In no event will we be liable for any other losses or damages, whether direct or indirect, exemplary, consequential, incidental, punitive, special losses or damages, or loss of income, profits or goodwill (including those of any third parties, and even if advised of the same) howsoever arising, and all such damages are expressly excluded.
The provisions of this Clause 16 herein shall take effect to the widest and fullest extent permitted by law. Reference to the term "we" "us" or "our" in this Clause 16 herein and elsewhere in respect of the Bank’s liability shall include, wherever applicable, the companies within the RHB Capital Berhad group of companies, their partners and contractors as well as the Bank’s directors, employees, personnel, agents, Providers and/or representatives.
Without prejudice to the generality of the foregoing, you understand that you are personally responsible for your use and access to the Internet Banking Service and/or the Website and hereby agree to indemnify, defend and hold the Bank harmless against any and all claims, demands, suits, actions, judgements, damages, costs, losses, expenses (including legal fees and expenses on a solicitor and client basis) and other liabilities whatsoever and howsoever caused that may arise or be incurred by the Bank in providing the Internet Banking Service to you, arising from or in connection with:
The parties hereto agree that this provision shall take effect to the widest and fullest extent permitted by law.
Except for our Affiliates, Providers, subcontractors and agents, no person or entity who is not a party to this Terms and Conditions shall have any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce any of the Terms and Conditions hereunder.
17. Suspension/Termination of Service
Notwithstanding any other provision herein, we may, at any time, with or without notice and without having to give any reason to you, immediately discontinue, suspend or terminate the Internet Banking Services (or any part thereof) or your right to access and use the Internet Banking Services (or any part thereof), unconditionally or otherwise, at our sole and absolute discretion. The Bank may also, at its sole and absolute discretion, impose conditions on the suspension including the period of suspension and reinstatement of the Service and the requirements before any reinstatement is made.
Upon termination of the Service we shall not be obligated to act upon any of your instructions, whether received before or after the effective date of termination and which have not been already implemented by us, at our sole and absolute discretion. If there are any outstanding matters or activities that we require you to comply with, you shall take all steps required by us to effect completion or termination of all the activities under or pursuant the Service or the Website. Any and all rights and licenses granted to you hereunder shall cease with immediate effect. Termination or suspension by us of the Services under this Clause 17 herein shall not entitle you to, and you hereby waive all rights to any claim or compensation against us for, any and all loss or damage suffered or incurred by you as a direct or indirect result of the act of termination or suspension.
18. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore. The parties hereto shall submit to the exclusive jurisdiction of the Singapore courts but the Bank has the right to proceed against you in the courts of any other country where jurisdiction may be established.
Without in anyway limiting or prejudicing the generality of this Clause 18 herein, you agree that:
Unless otherwise specifically provided under these Terms and Conditions or where otherwise notified by the Bank to you from time to time, any and all notices, instructions or other communications to be given hereunder by you to the Bank shall be either:
In addition to the usual methods, the Bank may also give notice to you in any one of the following methods at the Bank’s sole discretion:
Except where specifically provided under these Terms and Conditions for specific time periods for notification, any notices given or required to be given by the Bank hereunder may be given in such manner as the Bank deems suitable, and with immediate effect or within any time period at the Bank’s sole discretion.
These Terms and Conditions shall be read together with the Standard Terms. In the event of any inconsistency or conflict between these Terms and Conditions and the Standard Terms, these Terms and Conditions shall prevail only with respect to such inconsistency or conflict.
The Bank reserves the right at all times to vary, modify, delete or add to these Terms and Conditions by giving you prior notice thereof including by publication in any form or media such as through the Bank’s Website. However, in cases of urgency or in order to protect the security of the Internet Banking Service or in other circumstances beyond our control, when the Bank finds it necessary to vary, modify, delete or add to these Terms and Conditions without notice to you, the Bank will inform you of such changes as soon as practicable thereafter and/or the reasons for such changes. It is accepted that in order to keep yourself up-to-date with any variation, modification, deletion or addition to these Terms and Conditions, you agree to access and peruse these Terms and Conditions periodically and on a regular basis. You further agree and accept that your continued access and use of these Terms and Condition (as varied and modified from time to time) will amount to your acceptance of any variation, deletion, modification or addition to these Terms and Conditions.
The headings used in these Terms and Conditions are for reference and convenience only and shall not be taken into consideration in the interpretation or construction of these Terms and Conditions.
If any provision of these Terms and Conditions is held to be illegal or invalid under present or future laws or regulations effective and applicable, such provision shall be fully severable and these Terms and Conditions shall be construed as is such illegal or invalid provision had never comprised part of these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full effect and force and shall not be affected by the illegal or invalid provision or its severance from these Terms and Conditions.
The Bank’s records of all and any communications by you during or pursuant to the use and access to the Internet Banking Service in any form or medium whatsoever (including electronic information storage media) shall be conclusive evidence thereof. Any and all communications transmitted through the Internet Banking Service in accordance herewith shall be construed to be valid, accurate, authentic and shall have the same effect as a written and/or signed document.
ANNEXURE ON TERMS AND CONDITIONS GOVERNING ELECTRONIC PAYMENT TRANSACTION
|1.||ELECTRONIC PAYMENT TRANSACTION|
|1.1||These terms and conditions apply to the customers who are individuals or sole-proprietors who have subscribed to the electronic payment transaction services offered by the Bank and shall be read in conjunction with the terms and conditions of the respective products and/or services offered by the Bank. If there are any inconsistency or conflict in respect of any electronic payment transactions between these terms and conditions and the respective product and/or service terms, these terms and conditions shall prevail.|
|2.1||In these terms and conditions, unless to the extent the content requires otherwise, the following words and expressions shall have the following meanings:|
|“access code” shall mean a password, code or any other arrangement that the Customer/Customer’s authorised person must keep secret, that may be required to authenticate any payment transaction or the identity of the Customer/Customer’s authorised person, and may include any of the following:|
|but does not include a number printed on a payment account (e.g. a security number printed on a credit card or debit card).|
|“authorised transaction” shall mean transaction which the Customer/Customer’s authorised person had knowledge of and/or consented to (notwithstanding the Customer may not have consented to the transaction). It also includes transaction where the Customer’s authorised person acts fraudulently to defraud the Customer or the Bank.|
|“MAS” shall mean the Monetary Authority of Singapore.|
|“payee” means a person who is the intended recipient of money which has been the subject of a payment transaction.|
|“payer” means a person who holds a payment account and initiates, or consents to the initiation of, a payment order from that payment account.|
|“payment account” means any account held in the name of, or any account with a unique identifier of, one or more persons; or any personalised device or personalised facility, which is used by any person for the initiation, execution, or both of payment transactions and includes a bank account, debit card, credit card and charge card.|
|“payment transaction” means an act, initiated by the payer or payee, of placing, transferring or withdrawing money, irrespective of any underlying obligations between the payer or payee, where the act is initiated through electronic means and where money is received through electronic means and includes the placing, transferring or withdrawing of money for the purposes of making payment for goods or services or for any other purpose.|
|“protected account” means any payment account that (i) is held in the name of one or more persons, all of whom are either individuals or sole proprietors; (ii) is capable of having a balance of more than $500 (or equivalent amount expressed in any other currency) at any one time, or is a credit facility; and (iii) is capable of being used for electronic payment transactions.|
|“unauthorised transaction” means in relation to any protected account, means any payment transaction initiated by any person without the actual or imputed knowledge and implied or express consent of the protected account holder.|
|“Transaction Notification Alert” shall mean the SMS or email message sent by the Bank to the Customer in connection with a payment transaction.|
|3.||TRANSACTION NOTIFICATION ALERTS|
|3.1||For all electronic payment transactions instructed by the Customer in connection with their protected account, Customers will receive a Transaction Notification Alert sent by the Bank either to their Singapore mobile phone number or email address or both.|
|3.2||The Customer may choose to receive the Transaction Notification Alert from the Bank via SMS to the Customer’s Singapore mobile phone number or email. Where the protected account is a joint account, the Transaction Notification Alert will be sent to only the registered user of the electronic payment platform executing the transaction.|
|3.3||The Customer must provide and ensure the Customer’s Singapore mobile phone number and email address are correct and up-to-date at all times.|
|3.4||The Customer shall notify the Bank immediately in writing, of any change, inaccuracy or discrepancy in the Customer’s Singapore mobile phone number or email address. The Bank shall be entitled to a reasonable period from date of receipt, to process such notification.|
|3.5||The Customer shall not hold the Bank liable for any loss, damage or other consequences suffered by the Customer, in the event the Transaction Notification Alert is delayed, intercepted, lost or was not received by the Customer or the contents of the Transaction Notification Alert was disclosed to a third party, due to the Customer’s failure to update the Bank of any change to the Customer’s Singapore mobile phone number or email address.|
|3.6||Without prejudice to the generality of any other provisions, the Customer accepts and agrees that the Bank shall not be liable for any electronic, mechanical, data failure or corruption, computer viruses, bugs or related problems that may be attributable to services provided by any relevant internet service provider, network provider or communication network provider.|
|3.7||The Bank may send the Transaction Notification Alert on a real time basis or on a daily batched basis.|
|4.1||In connection with the Transaction Notification Alert, the Customer is responsible:|
|4.2||The Bank may provide the Customer with an access code for the purpose of facilitating the electronic payment transaction initiated by the Customer in respect of the Customer’s protected account.|
|4.3||The Customer is responsible in respect of the access code:|
|5.1||The Customer undertakes to report any unauthorised electronic payment transaction to the Bank, (in the manner set out in Clause 5.5) as soon as practicable after receipt of any Transaction Notification Alert.|
|5.2||If the Customer is unable to report an unauthorised electronic payment transaction in a timely manner as prescribed under Clause 5.1, the Customer shall provide the Bank with the reasons for failing to do so.|
|5.3||The Customer shall provide the Bank, within a reasonable time period, (in any event of not less than 7 business days) with relevant information (as may be requested by the Bank from time to time) on the unauthorised electronic payment transaction to facilitate any claims investigations process undertaken by the Bank.|
|5.4||Upon the Bank’s request, the Customer shall make a police report on the unauthorised electronic payment transaction and shall provide the Bank with a copy of the police report as soon as practicable. The Bank may request the Customer to furnish the police report prior to the Bank commencing any claims investigation process.|
|5.5||The Customer may report any unauthorised electronic payment transaction by attending at any of the Bank’s branches or by calling the Bank’s 24-hour Customer Care/Contact Centre at 1800 323 0100 or +603 9145 1388 (if the Customer is overseas). The Bank will send an acknowledgement of the report to the Customer via SMS or email.|
|5.6||Upon the Customer’s request in writing and to the extent permitted by law, the Bank will provide the Customer with relevant information, that the Bank has of all the unauthorised electronic payment transactions in connection with the Customer’s protected account.|
|5.7||The Bank will take about 21 business days to complete its claims investigation process for simple cases of unauthorised electronic payment transactions and 45 business days for complicated cases where any party to the unauthorised electronic payment transaction is resident overseas or where the Bank has not received sufficient information to complete the claims investigation.|
|5.8||Within the prescribed timeline under Clause 5.7, the Bank will notify the Customer, in writing of the outcome of its claims investigation and the Customer’s liability in respect of the unauthorised transaction.|
|6.1||The Customer undertakes to report any erroneous transaction to the Bank (in the manner set out in Clause 6.4) as soon as practicable upon discovery of the erroneous transaction. Erroneous transaction shall include transactions where money was placed with or transferred to the wrong recipient from the protected account.|
|6.2||Upon notification by the Bank of an erroneous transaction, where money was placed with or transferred to the Customer’s protected account, the Customer is to determine if the transaction was indeed erroneous and if the Customer is the wrong recipient, then the Customer shall instruct the Bank to transfer the money back to the payer. The Customer understands that any retention or use of money transferred in error, is an offence under the Penal Code.|
|6.3||The Customer shall provide the Bank with relevant information (as may be requested by the Bank from time to time) on the erroneous transaction to facilitate any investigations.|
|6.4||The Customer may report any erroneous electronic payment transaction by attending at any of the Bank’s branches or by calling the Bank’s 24-hour Customer Care/Contact Centre at 1800 3230 100 or +603 9145 1388 (if the Customer is overseas).|
|6.5||The Customer understands that the Bank’s role is merely to facilitate effective communication between the Customer and financial institution of the wrongful recipient, with the aim to improve chances of recovering the payment amount sent through the erroneous transaction. The Bank is not expected to resolve erroneous transaction claim.|
|7.||LIABILITY FOR UNAUTHORISED TRANSACTION|
|7.1||The Customer shall be liable for actual loss arising from the following unauthorised electronic payment transactions:|
|7.2||The Customer shall be liable for the actual loss suffered under Clause 7.1 and for all authorised transactions up to the applicable transaction limit or daily payment limit of the Customer’s protected account.|
|7.3||The Customer shall not be liable for any loss arising from the following unauthorised payment transactions:|
|7.4||Where the protected account is a joint account, the liability for losses set out under Clause 7 shall apply jointly to each account holder in the joint account.|