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Internet Banking Services Terms and Conditions

These Terms and Conditions govern your use of the Bank's Internet Banking Services (as hereinafter defined). They are to be read together with the terms and conditions of the relevant Account(s) (as hereinafter defined) which may be accessed by you through the Internet Banking Services.

1. Definitions

In these Terms and Conditions of Service, unless the context requires otherwise references to "we", "us" and "our" are to the Customer.



means the application form for the Service as may be prescribed by the Bank from time to time read together with these Terms and Conditions of Service.



means any application on forms prescribed by the Bank for any of the Banking Services.


means Malayan Banking Berhad.

"Bank Group"

means the Bank and any "subsidiary" and/or "related corporation" of the Bank as defined in the Singapore Companies Act (Chapter 50).

"Banking Services"

means the financial, banking or other services, products, and facilities which may be offered by the Bank through the Service from time to time (as may be withdrawn, added to or modified by the Bank in its discretion).

"Compromised Security Devices"

is defined in Clause 5.2 below.


is defined in Clause 11.1 below.


means any instructions or requests transmitted through the Service and digitally signed and/or authenticated, whether individually or collectively, with the Security Devices in accordance with the Bank's prescribed procedures and requirements and shall include all Applications which have been submitted in electronic form via the Service.


means a global network of interconnected computer networks, each using the Transmission Control Protocol/Internet Protocol and/or such other standard network interconnection protocols as may be adopted from time to time, which is used to transmit data, software, applications, content or any other materials that are directly or indirectly delivered to a computer or other digital electronic device for display to an end-user, whether such data, software, applications, content or other materials are delivered through on-line browsers, off-line browsers, or through "push" technology, electronic mail, broadband distribution, satellite, wireless, or otherwise.


means the service of providing electronic access to any Banking Service via:

  1. The Bank's [state name] interactive kiosks in Singapore; and/or
  2. The Internet or any wide area network, Intranet or other electronic link.

"Security Devices"

means all [smartcards, digital certificates, digital signatures] electronic keys, logon identifiers, passwords, personal identification numbers (PINs), electronic devices and other codes and access procedures issued by the Bank or by any other party designated by the Bank from time to time in order to enable us to access and/or use the Service.

"Terms of Banking Services"

is defined in Clause 20 below.


2. Use of the Service




We agree to procure and install, at our own cost and expense, the software, hardware and/or equipment necessary to access and/or use the Service as instructed or advised by the Bank.




We agree to install and use any and all Security Devices issued or designated by the Bank and to comply with the Bank's instructions and procedures regarding the use of the Security Devices, and to ensure that all instructions and requests to the Bank transmitted through the Service are digitally signed and/or authenticated, whether individually or collectively, with the Security Devices in such manner as required or notified by the Bank. For the avoidance of doubt, we acknowledge that the Bank shall be entitled to alter, amend or withdraw any existing Security Device(s) and/or introduce new Security Device(s) from time to time, as it deems fit.




We agree and undertake to be bound by and to comply with any and all of the Bank's procedures, requirements, restrictions, instructions or any additional conditions pertaining to the access and use of the Service as may be issued by the Bank from time to time and/or posted on-line.




Effect of Instructions


We acknowledge that all Instructions (whether authorised by us or not) are irrevocable and binding on us upon transmission through the Service and the Bank shall be entitled to effect, perform or process such Instructions without our further consent and without any further reference or notice to us.




Agreements over the Service


We understand that we may use the Service to complete and transmit Applications for such Banking Services, and offer to enter into agreements for such Banking Services, as the Bank may offer from time to time. We further understand and agree that the terms and conditions applicable to any such Banking Services are the terms and conditions applicable at the time of submission of the relevant Application via the Service. All Applications transmitted electronically shall be digitally signed and/or authenticated, whether individually or collectively, with the Security Devices in such manner as required or notified by the Bank. All Applications shall be subject to acceptance by the Bank, which acceptance may be declined, withheld or made subject to further terms at the Bank's discretion.




Information and/or Instructions are complete, accurate, true and correct


We acknowledge that it is our sole responsibility to ensure that, when we provide information or give Instructions using the Service, all information provided and all Instructions given are complete, accurate, true and correct. We acknowledge that the Bank may accept and act upon any Instruction issued and/or transmitted through the Service (whether actually authorised by us or not) as our authentic and duly authorised Instructions and that the Bank shall be under no obligation to investigate the authenticity or authority of persons effecting the Instruction or verify the accuracy and completeness of our Instruction and that the Bank may treat the Instruction as valid and binding on us notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in the terms of such Instruction.



3. The Service






We acknowledge that the Service is provided on an "as is", "as available" basis only and that the time periods during which the Service may be available are subject to change. We further agree that the Bank shall be entitled (but shall not be obliged) at any time, at the Bank's discretion and without prior notice, to temporarily suspend the operations of the Service for updating, maintenance and upgrading purposes, or any other purpose whatsoever that the Bank deems fit, and in such event, the Bank shall not be liable for any loss, liability or damage which may be incurred as a result.




Alteration and limits


We acknowledge and agree that the Bank may, without notice, at any time and from time to time:-


(a) add to, vary, alter, suspend or remove any of the Banking Services, including without limitation the right to set, vary or cancel limits for any transaction types, facilities, services and products that may be carried through the Service, whether in monetary or numerical terms or otherwise, and to vary their frequencies and availability period; and/or


(b) add to, vary, alter, suspend or remove the Service in whole or in part without giving any reason and without incurring any liability.




New services and products


We acknowledge that the Bank reserves the right to introduce new services and/or products through the Service at any time and that by utilising such new services and/or products as and when such new services and/or products become available, we shall be bound by the terms and conditions in force governing such new services and/or products.




Fees, charges and right of debit


The Bank reserves the right to impose, set and/or modify the fees and charges payable by the Customer for use of the Service in the exercise of the Bank's sole discretion. We agree to pay all fees and charges for the use of the Service imposed by the Bank from time to time . A list of the current fees and charges for the use of the Service may be provided by the Bank to us for our perusal upon our request. We acknowledge that the Bank reserves the right to vary the fees and charges (including introducing new fees and charges) from time to time by prior notice to us. We authorise the Bank to debit such fees and charges incurred by us for the use of the Service from any account(s) (whether single or joint) which we have with the Bank. If there are insufficient funds in our account(s), the Bank may (but not be obliged to) debit our other account(s) with the Bank Group (whether single or joint or whether such account(s) are eligible for the Service or not) as the Bank may decide but without prejudice to the Bank's right to forthwith cancel all our Instructions and terminate this Agreement.




We further agree that:-


(a) all fees, costs, charges, expenses, interest and other amounts payable to the Bank under this Agreement shall be in Singapore currency; and


(b) we shall pay any goods and services tax or any other taxes, levies or charges whatsoever (collectively "the Taxes") now or hereafter imposed by law or required to be paid in respect of any monies payable on or in respect to the Service or pertaining to our Instructions carried out pursuant to this Agreement and we shall reimburse the Bank for any such payment by the Bank which reimbursement shall be made in the same manner and together with the fees or charges to which the Taxes relate.




Joint Account


We acknowledge and agree that where an application for the Service has been accepted by the Bank and that application is in respect of a joint account, each joint account holder shall be jointly and severally liable to the Bank for any Instructions effected or performed or processed through the Service.



4. No Warranty




All Content provided through the Service is provided on an "as is", "as available" basis. The Bank does not warrant the results that may be obtained from the use of the Service or the accuracy, adequacy or reliability of any Content obtained through the Service, whether or not the Content is from the Bank or any other third party, and the Bank expressly disclaims liability for errors or omis sions in the Content. As part of the provision of the Service, the Bank may insert hyperlinks to other internet resources ("Other Sites"). Such hyperlinks are inserted for the convenience of the Customer only and are used at the Customer's own risk. The Bank does not investigate, monitor or endorse such Other Sites or the contents thereof and does not warrant the accuracy or reliability of the contents of such Other Sites. Notwithstanding any other provision of this Agreement, no warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, satisfactory quality, merchantability, fitness for a particular purpose and freedom from computer virus or other invasive or damaging code, is given in conjunction with the Service, the Content and/or the Security Devices.



5. Security




We undertake to ensure that (including taking all necessary precautions):-




(a) all Security Devices are kept completely confidential and secure; and


(b) there is no unauthorised use or abuse of the Security Devices.




We undertake to notify and/or contact the Bank immediately ("Security Notification") if we have reason to believe, suspect that or have knowledge that:-




(a) the security of any Security Device may have been compromised;


(b) such Security Device has become known or been revealed to any other person;


(c) there has been unauthorised use of the Security Device; and/or


(d) such Security Device is lost, mutilated or stolen,




("Compromised Security Device") and we shall immediately cease to use such Compromised Security Device until further notice from the Bank. Any Security Notification given verbally or electronically shall be confirmed in writing by us and actually received by the Bank within 24 hours of the verbal notification, failing which the Bank shall not be obliged to act upon the Security Notification.




In the event a Security Notification has been given by us, we understand that it is our responsibility to ascertain which of our Instructions which have not been processed are valid and if we wish such valid Instructions to be carried out, we shall re-instruct the Bank, by notice in writing faxed or sent by post to the Bank, to carry out those Instructions.




We acknowledge that the Bank shall be entitled to deactivate or revoke the use of any one or more of the Security Devices at any time without assigning any reason and without prior notice to us.




We acknowledge and confirm that we shall be bound by all Instructions and transactions resulting from any Instructions made which are referable to any Compromised Security Device until such time as the Bank has received the Security Notification from us and has effected cancellation of the Compromised Security Device, and accordingly, we agree that we will be liable for all such transactions which were processed by the Bank prior to or at the time of such cancellation, or which the Bank, notwithstanding its reasonable endeavours, was unable to stop the processing of.




We hereby agree that the Bank shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise, for any damages, losses, expenses or costs whatsoever (whether direct or indirect, or whether foreseeable or not) suffered or incurred by us as a result of:-




(a) any transaction resulting from any Instruction made by us or purportedly made by us and referable to such Compromised Security Device and which was processed by the Bank prior to or at the time of such cancellation, or which the Bank, was unable to stop the processing of; or




(b) any failure by the Bank to carry out any Instruction referable to a Compromised Security Device which was outstanding as at the time the Bank cancels such Compromised Security Device and which the Bank had stopped the processing of.




For the purposes of this Clause 5, an Instruction shall have been "processed" where the Bank had commenced carrying out the Instruction and it is no longer reasonably able to cancel or revoke the transaction without causing prejudice to the Bank as determined by the Bank in its sole discretion, and an Instruction is "outstanding" where it is at any stage prior to being processed.



6. Evidence




We agree that:-




(a) the Instructions, though in electronic form, are written documents. We shall not dispute or challenge the validity or enforceability of any Instruction on the grounds that it is not a written document and we hereby waive any such right we may have at law;




(b) the Instructions, though in electronic form, are original documents and that we will not challenge the admissibility of any Instruction on the grounds that it is made in electronic form; and




(c) any exchange of Instructions in electronic form which, if made in writing would constitute a binding contract, will similarly bind both the Bank and us as a binding contract and will satisfy any rule of law or evidence that such a contract has to be made in writing.



7. Confirmation from the Bank




We understand that the transmission of Instructions to the Bank through the Service may not be received by the Bank for reasons beyond the Bank's reasonable control including but not limited to mechanical, software, computer, telecommunications or electronic failure. We further acknowledge that unless we receive confirmation of receipt of the same from the Bank, Instructions may not have been received and accordingly, may not be processed or accepted by the Bank. We acknowledge and agree that the Bank shall not be liable to us in any way for any loss or damage whatsoever or howsoever caused arising, directly or indirectly, in connection with the transmission or failure of transmission of Instructions to the Bank through the Service or any lack of confirmation of receipt of any Instructions by the Bank for whatever reason.



8. Disclosure of Information




The Bank and its officers, employees and agents are hereby authorised to provide or disclose to:-




(1) any third party as the Bank may consider necessary in order to give effect to any Instruction given using the Service or comply with the order of any court or government or regulatory authority in any jurisdiction; or




(2) to any of the branches of the Bank Group either within Singapore or outside Singapore; or




(3) to any digital certification authority, regulatory authority, electronic, computer, telecommunication, financial or card institution, service provider and/or network provider involved in the Service from time to time,




any information whatsoever relating to the Customer and the Customer's account(s) as it may, in its discretion, consider necessary to provide or disclose.




We acknowledge and agree that the Bank does not warrant the security of any information transmitted by or to us using the Service and we hereby accept the risk that any information transmitted or received using the Service may be accessed by unauthorised third parties and/or disclosed by the Bank and by its officers, employees or agents to third parties purporting to be us or purporting to act under our authority. We will not hold the Bank or any of its officers, employees or agents responsible or liable, in contract, tort (including negligence or breach of statutory duty), equity or otherwise, for any such access or disclosure or for any damages, losses, expenses or costs (whether direct or indirect, or whether foreseeable or not) suffered or incurred by us as a result of any such access or disclosure.



9. Limitation of Liability




We agree and confirm that the Bank shall in no event be liable for any direct, indirect, incidental, punitive, special or consequential damages or economic loss whatsoever or howsoever caused arising directly or indirectly in connection with the Service, any Instruction and/or this Agreement, including but not limited to:-




(a) losses, damages or costs suffered or incurred by us arising from or referable to the Instructions given by us being incorrect or inaccurate in any manner whatsoever;




(b) losses, damages or costs suffered or incurred by us as a result of use of the Compromised Security Device by any party;




(c) losses, damages or costs incurred as a result of any prohibition, restriction, delay in use or access of the Service caused by any laws and/or regulations of Singapore or any other country;




(d) losses, damages or costs incurred as a result of any service agreements prescribed by telecommunications carriers and/or Internet service providers or as a result of any act or omission of telecommunications carriers and/or Internet service providers;




(e) any error(s) in transmission of the Instructions that might have been transmitted through the Service or transmission by the Bank of any other data or information through the Service; and/or




(f) damages for loss of profits, goodwill, use, data or other intangible losses (even if the Bank has been advised of the possibility of such damages) arising from or in connection with:

(i) any use, inability to use or interruption in the use of the Service for any reason whatsoever; or
(ii) any system, hardware, software, telecommunications, server or connection failure, error, omission, interruption, delay in transmission, or computer virus.



10. Indemnity




We hereby agree to indemnify the Bank and keep the Bank at all times fully indemnified from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of the Bank on a solicitor and own client basis), awards, damages, losses and/or expenses to which the Bank may be subject to for whatever reason in relation to our use or purported use of the Service including but not limited to:-




(a) any unauthorised use by any party of the Security Devices;


(b) any breach by us of the terms and conditions of this Agreement;


(c) any:-


(i) failure or malfunction in our hardware and/or software used in connection with the Service; or
(ii) any viruses and other malicious, destructive or corrupting code, program or macros, Trojan Horses, worms, logic bombs or other software routine or hardware components designed to permit unauthorised access which have been introduced by us to the Service,




which affects or causes the Service and/or the Bank's hardware, software and/or other automated systems to fail or malfunction; and




(d) any claim by any other party against the Bank arising from sub-clauses (a), (b) or (c) above.



11. Intellectual Property Rights




We acknowledge that:-




(a) the content, including but not limited to text, software (including any html, java script, java, CGI script or any other computer code), music, sound, photographs, video, graphics, graphical user interface, forms, diagrams or other material, used in connection with, incorporated or contained in or presented to us through the Service; and




(b) any materials (including any software or computer code of any kind and user manuals) and/or information presented to us by the Bank for use with the Service,




(all the aforementioned content and/or materials to be collectively referred to as "Content") are the exclusive property of the Bank and/or its third party licensors.




We acknowledge and agree that we are only permitted to use the Content as expressly authorised by the Bank. This Agreement does not transfer any right, title or interest in the Service or the Content to us and we may not copy, reproduce, distribute, publish or commercially exploit the Content or create derivative works from this Content without expressly being authorised to do so by the Bank.



12. Software, Hardware & Security Devices




We acknowledge and agree that Bank reserves the right to change the type or versions or specifications of any hardware or equipment that we may be required to use for the Service, and in the event such requirements are not met by us, the Bank may reject any Instructions sent by us and terminate this Agreement forthwith.




All smartcards, digital certificates, digital signatures, electronic keys and other electronic devices comprised as part of the Security Devices provided to the Customer are and shall remain the exclusive property of the Bank. The Customer agrees and undertakes to return all such smartcards to the Bank:-




(a) forthwith on request of the Bank; and/or


(b) in the event set out in Clause 16.4 below.




The Bank shall be entitled to charge a fee for replacement Security Devices issued to the Customer.




The Bank grants to the Customer a non-exclusive non-transferable licence to use the Security Devices only for the purposes of accessing the Service. The Customer shall not disassemble or reverse engineer any Security Device and shall not cause any portion thereof to be copied, removed, modified, transferred, adapted or translated in any form, in whole or in part, and shall not allow any third parties to have access to the Service or any documentation relating to Service or any part thereof without the prior written consent of the Bank.



13. Force Majeure




The Bank shall not be responsible or liable to the Customer for:-




(a) delays or failure in performance, whether foreseeable or not; and/or


(b) any losses, expenses or damages howsoever arising, whether foreseeable or not,




resulting from or due to any circumstances or causes whatsoever which are not within the reasonable control of the Bank.




Without prejudice to the generality of Clause 13.1 above, the following shall be regarded as circumstances and/or causes beyond the Bank's reasonable control:- (i) flood, lightning, acts of God, fire, earthquakes and other natural disasters (ii) strikes, labour disturbances, lockouts, material shortages, riots, acts of war (iii) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority or any governmental regulations imposed after the fact (iv) import or export regulations or embargoes (v) power failure (vi) acts or defaults of any telecommunications network operator (vii) circumstances where communications lines for the Bank's computer systems (whether in Singapore or elsewhere) cannot be used for reasons attributable to third party telecommunications carriers and (viii) the failure of performance of any vendor, supplier or contractor of the Bank as a result of the "Year 2000 problem" (that is, the risk that computer and/or automated systems, hardware, firmware and/or software may be unable to recognise and perform properly date-sensitive or date-dependant functions involving certain dates prior to, on and/or after 31 December 1999).




The obligations of the Bank, so far as affected by circumstance or causes beyond the Bank's reasonable control, shall be suspended during the continuance of any delay or failure in performance so caused and such delay or failure shall not be a breach of this Agreement.



14. Records of the Bank




We acknowledge and agree that the Bank's records and any records of the instructions, communications, operations or transactions made or performed, processed or effected through the Service by us or any person purporting to be us, acting on our behalf or purportedly acting on our behalf, with or without our consent, or any record of transactions relating to the operation of the Service and any record of any transactions maintained or by any relevant person authorised by the Bank relating to or connected with the Service shall be binding and conclusive on us for all purposes whatsoever and shall be conclusive evidence of the transaction and our liability to the Bank. We hereby agree that all such records are admissible in evidence and that we shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were incorporated and/or set out in electronic form or were produced by or are the output of a computer system, and hereby waive any of our rights (if any) to so object.







Any notices, demands or other communications may be sent by:-




(a) the Bank to us by telex, facsimile, post or otherwise in writing to our address or telex or facsimile number last known to the Bank or at our registered office or any of our principal places of business. Any notice or other communication made or given to us in accordance with this sub-clause shall be effective (notwithstanding that it is returned undelivered) and shall be deemed to be received by us, if sent by telex or facsimile, on the same day or, if sent by post or despatched to an address in Singapore, on the business day next following the date of posting or in the case of an address outside Singapore, on the third business day next following and exclusive of the date of posting;




(b) us to the Bank by telefax or telex and shall be effective, for telefax, upon receipt by Customer of the Bank's written confirmation of receipt, and for telex, on the day of transmission, provided that appropriate answer backs are received;




(c) us to the Bank by hand delivery which shall be effective at the time of delivery, or registered mail which shall be effective upon receipt by the Bank; or


(d) either party by electronic transmission and which shall, in the case of the Customer, be digitally signed and/or authenticated with the Security Devices in such manner as required or notified by the Bank. Notices, demands or other communications sent by electronic transmission shall, subject to Clauses 5.2 and 7, be effective upon receipt by the information system of the recipient.




(e) the Bank to us to our email address notified to the Bank and shall be effective on the date and time of transmission by the mail server operated by the Bank and/or its service provider unless the Bank receives a non-delivery or "returned mail" reply message or any error message indicating that the email was not successfully sent to the Customer's mailbox or the mail server operated by the Customer or the Customer's service provider within [one day] from the date of transmission of the email from the mail server operated by the Bank or its service provider; and




(f) the Bank to us using such other method as prescribed in this Agreement.







We acknowledge that the Bank shall be entitled:-




(a) in its absolute discretion to forthwith terminate this Agreement or to forthwith deactivate or revoke the Service without any reasons at any time by giving notice in writing;




(b) to terminate this Agreement immediately if we are in default of this or any other agreement with the Bank and to suspend our use of the Service while the Bank is investigating whether such default may have occurred.




The Customer may terminate this Agreement by giving 7 days' prior written notice to the Bank.




Termination of this Agreement shall not affect the on-going operation of any indemnity given by us in respect of this Agreement for the Service, or affect any right or liability which may have accrued prior to termination.




Immediately upon the termination of this Agreement by either party for whatever reason, the Customer agrees that:-




(a) it shall forthwith cease to use any Security Devices and/or the Service; and




(b) it shall forthwith return all smartcards comprised as part of the Security Devices to the Bank.




Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination. Without prejudice to the generality of the aforesaid, the obligations under Clauses 4, 6, 7, 8.2, 9, 10, 11 and 14 shall survive the termination of this Agreement.







We acknowledge and agree that the Bank may impose such further terms and conditions and to make such changes to this Agreement as well as to any of the Bank's terms and conditions applicable to each of the services or Applications available under the Service as the Bank may in its discretion deem fit from time to time. Upon any change in the terms and conditions of this Agreement, the Bank will notify us by such method of notification as may be designated by the Bank, which may include notification by way of email or by posting the changes on-line. If we do not agree to be bound by the changes, we shall cease all access and/or use of the Service and shall terminate this Agreement immediately by giving written notice to the Bank. We further agree that if we continue to use and/or access the Service after being notified of such change to this Agreement, such use and/or access shall constitute an affirmative:- (1) acknowledgement by us of this Agreement and its changes; and (2) agreement by us to abide and be bound by this Agreement and its changes.







The construction, validity and performance of this Agreement shall be governed in all respects by the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act 1998. We hereby submit to the non-exclusive jurisdiction of the Singapore courts.







The Customer agrees and undertakes not to assign, charge or otherwise deal with this Agreement in any way. The Bank may, without notice or consent of the Customer, delegate or sub-contract any rights or obligations under this Agreement to any other third party.







In addition to these Terms, we agree that all other terms and conditions applicable to the Banking Services and/or the Applications or other arrangements between the Bank and us ("Terms of Banking Services") will continue to apply in full force and effect. In the event of any inconsistency between these Terms and the Terms of Banking Services, the Terms of Banking Services shall prevail in so far as the inconsistency relates to the Banking Service in question.







No forbearance, delay or indulgence by the Bank in enforcing the provisions of this Agreement shall prejudice or restrict the rights of the Bank nor shall any waiver of the Bank's rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for the Bank is exclusive of any other right, power or remedy available to the Bank and each such right, power or remedy shall be cumulative, unless where otherwise expressly stipulated in this Agreement.

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