Singapore

TERMS AND CONDITIONS GOVERNING THE RHB MOBILE SOFTWARE APPLICATION AND RHB SECURE PLUS SERVICE

1. INTRODUCTION

1.1The RHB mobile software application (“Application”) is brought to you by RHB Bank Berhad, Singapore branch (UEN: S99FC5710J) (“the Bank”, “we”, “us”). These terms and conditions (“Terms”) will apply to your use of the Application. Additional terms and conditions may be prescribed by the Bank from time to time in respect of certain accounts and services and shall be read together with these Terms and shall supplement and are additional to these Terms.
1.2Please take the time to read and understand these Terms and all additional terms and conditions and policies referenced herein before using our services so that you are aware of your legal rights and obligations. Unless otherwise stated, if there is any conflict or inconsistency between these Terms and such other additional terms and conditions in relation to the services on the Application, these Terms shall prevail over any such additional terms and conditions to the extent necessary to give effect to these Terms.
1.3By using the Application and the RHB Secure Plus service, you are entering into a binding contract with us and shall be deemed to have expressly read, understood and agreed to be bound by these Terms, as may be amended by us from time to time.

2. DEFINITIONS

In these Terms:
“RHB Group Member” refers to RHB Bank Berhad, its related corporations, its head office and any of its branches in or outside Singapore.
“You” refers to the person who downloads and uses the Application and the RHB Secure Plus service.

3. APPLICATION REGISTRATION AND ELIGIBILTY

By downloading the Application and/or using the services on the Application including the RHB Secure Plus service, you represent and warrant that:

a) you are an existing RHB Bank Berhad Account holder;
b) you are acting as a principal in the use of the Application and are not acting on behalf of any other party
c) all information provided by you to the Bank is true, up-to-date, accurate and complete. You agree to promptly notify the Bank of any change in the information provided, including but not limited to, information provided for account opening purposes.
Subject to applicable law, we reserve the right to reject any request for the use of the services on the Application.

4. USES OF THE APPLICATION

The Application offers the RHB Secure Plus service which allows you to authenticate transactions made on Internet Banking by serving as a two-factor authentication platform.

5. FEES AND CHARGES

There shall be no fees and charges that apply to the use of the Application.

6. RHB SECURE PLUS SERVICE

By using the RHB Secure Plus service, you agree to the following additional terms and conditions:

a) The Bank may at any time, in its absolute discretion and without giving prior notice or reason to you, and without incurring any liability on its part, vary, add or withdraw any feature of RHB Secure Plus service. The hours of operation of the RHB Secure Plus service are subject to change without prior notice. The Bank shall at any time, in its discretion and without prior notice, be entitled to suspend the operations of the RHB Secure Plus service for updating, maintenance and/or upgrading purposes or any other purpose whatsoever that the Bank deems fit without liability for any loss or damage suffered by you.
b) In the event of erroneous transactions resulting from specific market circumstances or system malfunctions or manipulations, the Bank reserves the right to cancel or rescind such erroneous transactions, or to modify any error.

7. YOUR UNDERTAKING

You undertake and agree that:

a. you will comply with all and any laws, regulations, protocols and other requirements in respect of anti-money laundering and countering the financing of terrorism (“AML/CFT”);
b. you will provide all information as and when requested or required by the Bank;
c. you will take all precautions to safeguard any equipment or device which would be or is used to access the Application and keep all relevant user credentials confidential to prevent fraudulent or unauthorised access to your accounts and/or use of the services on the Application;
d. you will make a report to us as soon as possible when you suspect or become aware that your user credentials, equipment or device is lost, stolen, misused or tampered with, or if there has been unauthorised access to or use of your Application, and agree that we shall not be liable for any loss or damage arising from loss, theft, unauthorised use, misuse or tampering of your user credentials, equipment or device, to the maximum extent permitted under applicable law; and
e. all instructions given or transactions effected through the Application are irrevocable and binding on you. We do not guarantee that an instruction will be carried out within a particular time frame or in any particular order.

8. INTELLECTUAL PROPERTY

8.1All intellectual property and all materials comprising or contained in the Application, the RHB Secure Plus service, the Application design, materials and documentation relating to the Application including but not limited to text/articles, logos, software and images, are owned by, or as the case may be, licensed for use by the Bank.
8.2You are entitled to access the website or download the Application for the purpose of using the services offered by us. However, you may not use in any way, directly or indirectly the website, the Application or any of its components for any other purpose. The materials contained or comprising the website or applications may not be copied or redistributed.

9. LINKS TO OTHER SITES

9.1The application may contain links to third party website(s) such as our Internet Banking page. Such links are provided to you for your convenience only.
9.2The Bank has no control over any material which has been published or contained on such third party websites, and shall not be liable for any loss or damage howsoever arising in connection with your use of the third party website(s), to the maximum extent permitted under applicable law.

10. PRIVACY AND DATA PROTECTION

10.1This clause (“Data Protection Terms”) governs your use of the Application and supplements, is additional to and is to be read together with the Bank’s privacy policy accessible at https://rhbgroup.com.sg/others/general-info/privacy-notice.
10.2What information is collected and how it is used.
10.2.1 User Provided Information
The Application obtains the information you provide when you download the Application (“User Provided Information”). When you apply for the RHB Secure Plus service and/or use the Application, we may collect, use and/or disclose the following information:
(a) your full name (including any aliases), unique identification number, address, date of birth, nationality, email address, password and other registration information (including any information to satisfy our applicable obligations relating to AML/CFT);
(b) any Application or transaction-related information, such as the date of your last login, or download or use of any application from us;
(c) information you provide us when you contact us for help or assistance; and
(d)information you enter into our system when using the Application.
We may also use the information provided to contact you from time to time to provide you with important information, required notices and marketing or promotions, to the extent permitted under applicable laws.
10.2.2 Automatically Collected Information
In addition, the Application may collect certain information automatically (“Automatically Collected Information”), including, but not limited to, the type of mobile device you use, the unique ID of your mobile device, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
10.3Your consent
10.3.1 By using the Application, you expressly consent and authorise the Bank to collect, use and/or disclose your personal data for the following situations and/or purposes:
a. our processing of your information as set forth in these Data Protection Terms now and as amended by us. “Processing” means using cookies on a computer/hand-held device or using information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place;
b. to the extent permitted under applicable law, allow us to share your data and personal information to third party service providers that we use to provide you with the use of the Application and related services and allow them to store your data and personal information;
c. to the extent permitted under applicable law, our disclosure of any and all of your personal data, credit or financial information, including your information for AML/CFT purposes, to the Bank, financial institutions, debt collection agencies, credit bureaus, any credit reporting agency, or any other third party service providers of the Bank.
10.3.2 You further authorise the Bank to disclose any information relating to you and/or any transaction made by you using the Application:
a. as required by applicable law, such as to comply with an order of the Supreme Court or a Judge thereof pursuant to the powers conferred under Part IV of the Evidence Act (Cap. 97) of Singapore;
b. for compliance with an order or request made under any specified written law to furnish information, for the purposes of an investigation or prosecution, or an offence alleged or suspected to have been committed under any written law, or the making of a complaint or report under any specified written law for an offence alleged or suspected to have been committed under any written law;
c. to our trusted service providers who work on our behalf, who do not have an independent use of the information we disclose to them, and who have agreed to adhere to the rules set forth in these Data Protection Terms.
d. to any other RHB Group Member for any of the purposes mentioned in the Bank’s Privacy Notice;
e. If the Bank is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
10.4 What are my opt-out rights?
You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
10.5 Data retention policy, managing your information
We will retain User Provided Information for as long as you use the Application and for a reasonable time thereafter.
10.6 Security
We are concerned about safeguarding the confidentiality of your information. We have established and will endeavour to put in place the necessary process and procedures to ensure that your information is protected.
10.7 Changes
These Data Protection Terms may be updated from time to time for any reason. We will notify you of any changes to the Data Protection Terms by posting the new Data Protection Terms at the Application, informing you via email or text message. You are advised to consult the Data Protection Terms regularly for any changes, as your continued use of the Application is deemed acceptance of all changes. The history of the Data Protection Terms can be made available upon request.
10.8 Contact us
If you have any questions regarding the protection of your personal data while using the Application, or have questions about our practices, please contact our Data Protection Officer at pdpoffice@rhbgroup.com.

11. ANTI-MONEY LAUNDERING, ETC.

11.1You agree that we shall be entitled to undertake identification, credit, AML/CFT, know-your-client (“KYC”) and other necessary checks and screenings required by the Monetary Authority of Singapore or otherwise to comply with our internal compliance policies or applicable laws, at any time we deem necessary, whether directly or through third parties. In this regard, you shall do all things necessary to enable us to perform such checks, including supplying us with the applicable personal identification information, documentation and other evidence as we may request from time to time (“KYC Information”).
11.2You represent and warrant that you have the power and authority to provide all KYC Information which you submit to us.
11.3 The Bank may, at its sole and absolute discretion, delay, block or refuse to process any transaction, and/or to suspend or terminate your use of the RHB Secure Plus service, if we are under the suspicion that said transaction is made for the purposes of advancing money-laundering activities or the financing of terrorism activities or any other unlawful activities.
11.4 We will not be liable for any loss, damage, expense or inconvenience, including indirect losses suffered or incurred by you as a result of the Bank exercising its rights under Clause 11.4, to the maximum extent permitted under applicable law.

12. DISCLAIMER OF WARRANTIES

The Application is provided to you “as is”, “as available”, without warranty of any kind, whether express or implied (including any implied warranty of merchantability or satisfactory quality, fitness for a particular purpose, compliance with any description, non-infringement, or any implied warranty arising from course of performance, course of dealing, usage of trade or otherwise, all of which are expressly disclaimed), to the fullest extent permitted under law. Without limiting the foregoing, we do not warrant:

a. that our services provided to you under these Terms will be error-free, virus-free or free from other malicious code, or that defects therein will be corrected;
b. that the operation of our services (any information transmitted by you thereby) will be uninterrupted, continuous, or secure;
c. that any information we provide to you on the Application will be correct, accurate, complete or reliable; and/or

13. RIGHT TO TERMINATE, ETC.

The Bank may terminate these Terms immediately, or suspend, withdraw or restrict access to our Application or our services, or any part of it or them, without prior notice, under any circumstances including the following:

a. we believe that you have breached any applicable law and/or these Terms;
b. where the services cannot be provided in the normal course of business by the Bank due to a force majeure event, or due to acts or omissions of third parties which are not otherwise caused (whether directly or indirectly) the Bank;
c. (in the case of a suspension) where necessary for relocating, replacing, maintaining, updating or repairing the software facilities of the Bank;
d. we suspect or are aware that the use of our services is illegal or has been or is likely to be misused or compromised or unauthorised;
e. we suspect or are aware that you have given to us false or inaccurate information (including KYC Information);
f. the continued use of our services may cause the Bank to be in breach of any applicable law (including without limitation laws relating to AML/CFT);
g. you no longer satisfy the eligibility requirements set out in Clause 3;
h. we reasonably believe that our services are being used in a way that may cause, whether directly or indirectly, losses to you or us; and
i. we were requested or directed by a regulatory authority to take such action.

We reserve the right to terminate, suspend, withdraw or restrict access to the Application or our services, or any part of it or them, at any time for any purpose we deem reasonable, without notice. This includes where we believe that you have breached these Terms, or if we consider there is or is likely to be a breach of security.

14. GOVERNING LAW AND JURISDICTION

14.1These terms and conditions shall be governed by and construed in accordance with the laws of Singapore and you irrevocably submit to the exclusive jurisdiction of the Courts of Singapore.
14.2The Bank shall not be responsible for the effect of any laws, regulations, governmental measures or restrictions of any relevant country which may be applicable. You accept all risks of or arising from any such laws, regulations, governmental measures and restrictions.

15. SEVERANCE

If any of the terms (or part thereof) herein shall be void or illegal or unenforceable then the same shall be deemed to have been severed from the other terms or other parts of the term, as the case may be, with such consequential amendments, if necessary and the remainder of the Terms shall otherwise remain in full force and effect.

16. WAIVER

Any failure or delay by us in exercising or enforcing any right we have under these Terms does not operate as a waiver of and does not prejudice or affect our right subsequently to act strictly in accordance with our rights.

17. FORCE MAJEURE

In the event the Bank is unable to observe or perform any of these Terms due to or caused by events beyond our control or events which we cannot reasonably be expected to prevent or avoid, we shall be excused from performance of these Terms. The Bank shall not liable for any delay, loss, damage or inconvenience caused or arising from or in connection with such events, to the maximum extent permitted under applicable law. Such events include but not limited to equipment, system or transmission link malfunction or failure, failure or delay in receiving electronic data, utility or communications failure, failure of any automated clearing house association, any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government (including those relating to currency controls, foreign exchange transactions or otherwise), government sanctions, embargo, revolution, fire, flood, explosion, severe weather, acts of elements, acts of God, acts of terrorism, wars, accidents, epidemics, strikes, lockouts, power outage or failures, labour disputes or acts.

18. AMENDMENTS

The Bank reserves the right from time to time to make such further terms and conditions or amend, vary or modify the terms and conditions herein at the Bank’s absolute discretion. The amendments and changes may be made known by the Bank by publication in any form or media, including but not limited to through the Bank’s website, displaying notice thereof in the Bank’s premises or by posting the notice thereof by ordinary mail to you and you shall be bound by such amendments and changes to these terms and conditions from the date of such notice. Upon such display or posting of the notice, you are deemed to have actual notice of the amended Terms. If you do not accept the amended Terms, you shall discontinue operating the account and shall promptly close the account. If you continue to use this Application, and/or operate the account after such notification, you shall be deemed to have agreed to the addition and/or variation without reservation.

19. ENGLISH VERSION TO PREVAIL

If there are differences in meaning between the English version and any translation of these terms and conditions, the English version shall prevail.

20. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT

Unless we expressly state so in these Terms, a person who is not a party to these Terms shall not have any right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore to enforce any of these Terms.
The rights of the parties to vary or rescind these Terms are not subject to the consent of any person.

21. GENERAL INDEMNITY

In addition, and without prejudice to any other right or remedy which the Bank may have (at law or otherwise), you shall indemnify the Bank against any and all losses, claims, expenses (including legal fees on an indemnity basis) and liabilities suffered or incurred by the Bank as a result of:

a. any act, omission, negligence, wilful default, mistake, misconduct, dishonesty or fraud (including any theft or loss of your mobile device and/or relevant user credentials, or any fraud or misuse in relation thereto) by you;
b. the provision of any incorrect information by you;
c. any breach of these Terms;
d. the Bank acting in accordance with your instructions or orders in any manner permitted under these Terms;
e. any breach of applicable law;
f. access and use of the Application and/or accounts;
g. any act or thing done or caused to be done by the Bank in connection with or referable to these Terms or any account; and/or
h. any breach of the RHB Now Terms and Conditions.

22. GENERAL EXCLUSION

22.1 To the maximum extent permitted under law, in addition and without prejudice to any other right or remedy which the Bank may have (at law or otherwise), the Bank shall not be liable to you in any respect of any losses, damages, costs and expenses (including legal costs, experts’ and consultants’ fees), including any indirect, incidental, special or consequential losses, damages, costs and expenses (including loss of business, revenue, profits, use of data or other economic benefits), suffered by you as a result or in connection with these Terms, the access and use of the Application, and/or your accounts, and/or if the provision of the services under these Terms is prohibited by applicable law.
22.2 To the maximum extent permitted by law, the Bank hereby disclaims all liability to you in connection with or arising from the use of or inability to use the Application, and/or your accounts, which are incurred as a result or in connection with any of the following:
(a) failed, missed, delayed, or fraudulent transactions, payment transmission errors, or any other issues related to payment, settlement or reversal of transactions authorised via the Application, to the extent not attributable to any gross negligence, wilful default or fraud of the Bank;
(b) any failure to convey any notice, instructions or communications to you accurately, in a timely manner or at all, to the extent not attributable to the gross negligence, wilful default or fraud of the Bank;
(c) any unauthorised access to, disclosure of, wrongful or fraudulent use of your mobile device, account, Application, personal data, PIN and password to the extent not attributable to any acts or omissions on part of the Bank;
(d) any error, negligence, wilful default, misconduct, fraud, act, omission, breach or failure of, or contravention of any applicable laws by you or any other third party;
(e) for any claim that arises from the Bank acting reasonably in accordance with your instructions;
(f) for any loss suffered by you or any third party due to matters outside the Bank’s control (including, but not limited to, non-delivery of mail, machine failure, system failure, strikes, communication linkage failure);
(g) for any losses which arise where you have acted negligently or have acted fraudulently, either alone or together with any other person(s); and/or
(h) any losses incurred by you as a result of your breach of applicable laws or these Terms.
In the event that the Bank is liable for damages despite the foregoing provisions, you agree that (a) no action, whatever its form, may be brought by you more than two (2) months after the date of the first event giving rise to your claim, and (ii) that the Bank’s maximum aggregate liability to you under any and all causes of action (including contract and tort), shall not exceed SGD5,000.