REVISION OF ELECTRONIC BANKING TERMS AND CONDITIONS AND OTHER CONSEQUENTIAL AMENDMENTS AS AT 6 November 2006

For enhanced security purposes, we have introduced an Additional Logon PIN (ALP) feature, where a unique PIN would be made available for you to and use each time you access the Service as additional security verification. We have therefore revised the Electronic Banking Terms and Conditions to reflect these changes. These revisions are found in Clauses 3.2, 7.4 and 20 (consequential revisions). 2 additional new clauses have been added namely Clause 3.9 and Clause 3.10.

Please read the revised Electronic Banking Terms and Conditions carefully before using the Electronic Banking service. The Legal Notices and Data Protection and Privacy (with consequential amendments) will continue to apply to these revised terms and conditions. 


IMPORTANT LEGAL NOTICES (PLEASE READ DISCLAIMERS AND INDEMNITIES)

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND DATA PROTECTION AND PRIVACY POLICY BEFORE USING THE ONLINE SERVICES OF THIS WEB SITE. AS THIS IS A LONG DOCUMENT, FOR YOUR OWN CONVENIENCE, PLEASE PRINT OUT A COPY FOR EASY REFERENCE. 

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND STANDARD CHARTERED BANK (SINGAPORE) LIMITED (THE "BANK") ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH THIS WEB SITE MAY BE USED. USE OF THE ONLINE SERVICE IMPLIES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT ACCESS THIS WEB SITE AND DO NOT USE THE ONLINE SERVICES.

WE DO NOT OFFER OR SELL SECURITIES TO U.S. PERSONS UNLESS EITHER (A) THOSE SECURITIES ARE REGISTERED FOE SALE WITH THE U.S SECURITIES AND EXCHANGE COMMISSION AND WITH ALL APPROPRIATE U.S. STATE AUTHORITIES; OR (B) THE SECURITIES OR THE SPECIFIC TRANSACTION QUALIFY FOR AN EXEMPTION UNDER THE U.S. FEDERAL AND STATE SECURITIES LAWS NOR DO WE OFFER OR SELL SECURITIES TO U.S. PERSONS UNLESS (i) WE, OUR AFFILIATED COMPANY AND THE APPROPRIATE PERSONNEL ARE PROPERLY REGISTERED OR LICENSED TO CONDUCT BUSINESS; OR (ii) WE, OUR AFFILIATED COMPANY AND THE APPROPRIATE PERSONNEL QUALIFY FOR EXEMPTIONS UNDER APPLICABLE U.S. FEDERAL AND STATE LAWS.

RETAIL BANKING OFFERS ARE NOT AVAILABLE TO PERSONS RESIDING IN AUSTRALIA.

NOTHING ON THIS WEB PAGE OR THE WEB PAGES OF ANY AFFILIATE SHOULD BE CONSTRUED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO PURCHASE ANY SECURITIES WHERE IT WOULD BE ILLEGAL TO DO SO.

COMPANY DETAILS 

Standard Chartered Bank (Singapore) Limited is incorporated in Singapore with its registered address at 8 Marina Boulevard, #27-01 Marina Bay Financial Centre, Singapore 018981. 

JURISDICTION AND RESTRICTIONS 

The Bank controls and maintains this Web Site from Singapore and the Bank makes no representation that the material and information contained here in is appropriate or available for use in other locations/jurisdictions. These Terms and Conditions are governed by Singapore Law and any dispute shall be subject to the non-exclusive jurisdiction of the Singapore Courts. 

THE DISTRIBUTION OF THIS WEB SITE'S MATERIAL MAY BE RESTRICTED BY LAW IN CERTAIN JURISDICTIONS. IT IS YOUR RESPONSIBILITY TO FIND OUT WHAT THOSE RESTRICTIONS ARE AND OBSERVE THEM. 

PRODUCTS AND SERVICES 

The information and material on this Web Site should not be regarded as an offer, solicitation, invitation, advice or recommendation to buy or sell investments securities or any other instrument or banking product of Standard Chartered Group or any other issuer. Use of the products or services described at this Web Site may not be permitted in some countries and if in doubt, you should check with your local Regulator or Authority before requesting further information. This Web Site does not constitute an offer on the part of the Bank to provide products or services described therein to persons or entities resident in countries where local law or regulation does not permit their use. 

Products and services are available only at the discretion of the Bank or the relevant Standard Chartered Group company or associate, subject to the products and services individual contractual terms and conditions on which they are offered and such products and services may be withdrawn or amended at any time without notice. The full range of products or services may not be available in all locations. Fees, commissions or other charges may apply to certain services - the office providing the services can provide details. 

Any application made by you for any products and services offered by the Bank, whether transmitted through or printed from this web site or otherwise, shall be subject to the final written approval of the Bank, which may be granted or refused at the Bank's absolute discretion. The Bank shall not be obliged to furnish any notice or give any reasons for any rejection of your application. The Bank's acceptance of you as the Bank's customer and making available to you any products and services, shall also be subject to your meeting the Bank's eligibility requirements, submission of all necessary documents, compliance with any other terms and conditions of the Bank, and finalisation and execution of all documents required by the Bank. 

Transactions with any office of the Bank outside the United Kingdom, or with any other Group company outside the United Kingdom, are not protected by the United Kingdom's regulatory regime. Transactions with offices of non-group companies referred to in this site will not normally be so protected unless otherwise indicated. 

DISCLAIMER 

THE BANK MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY REGARDING THIS WEB SITE OR THE MATERIALS AND INFORMATION CONTAINED OR REFERRED TO ON EACH PAGE ASSOCIATED WITH THIS WEB SITE. THE MATERIAL AND INFORMATION CONTAINED ON THIS WEB SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE USED AS A BASIS FOR MAKING BUSINESS DECISIONS. ANY ADVICE OR INFORMATION RECEIVED VIA THIS WEB SITE SHOULD NOT BE RELIED UPON WITHOUT CONSULTING PRIMARY OR MORE ACCURATE OR MORE UP-TO-DATE SOURCES OF INFORMATION OR SPECIFIC PROFESSIONAL ADVICE. YOU ARE RECOMMENDED TO OBTAIN SUCH PROFESSIONAL ADVICE WHERE APPROPRIATE. 

GEOGRAPHIC, POLITICAL, ECONOMIC, STATISTICAL, FINANCIAL AND EXCHANGE RATE DATA IS PRESENTED IN CERTAIN CASES IN APPROXIMATE OR SUMMARY OR SIMPLIFIED FORM AND MAY CHANGE OVER TIME. RELIANCE HAS BEEN PLACED BY THE EDITORS ON CERTAIN EXTERNAL STATISTICAL DATA WHICH, THOUGH BELIEVED TO BE CORRECT, MAY NOT IN FACT BE ACCURATE. THE BANK ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ACTION TAKEN, OR NOT TAKEN, IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THIS WEB SITE. IN PARTICULAR, NO WARRANTY IS GIVEN THAT ECONOMIC REPORTING INFORMATION MATERIAL OR DATA IS ACCURATE RELIABLE OR UP TO DATE. 

SAVE FOR EVENTS LIKE ELECTRICAL OR NETWORK FAILURE DUE TO THE FAULT OF THE BANK OR A THIRD PARTY VENDOR COMMISSIONED BY THE BANK AND ON-LINE HACKING RESULTING IN A THIRD PARTY OBTAINING UNAUTHORIZED ACCESS TO YOUR ACCOUNT, THE BANK WILL NOT, IN ANY OTHER CIRCUMSTANCE, BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED BY YOU ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS WEB SITE. WHILE INTERNET BANKING IS AVAILABLE TO YOU ONCE EFFECTED, 24 HOURS A DAY, SOME OR ALL OF THE SERVICES THEREON MAY NOT BE AVAILABLE AT CERTAIN TIMES DUE TO MAINTENANCE AND/OR COMPUTER, TELECOMMUNICATION, ELECTRICAL OR NETWORK FAILURE OR OTHER CAUSES BEYOND THE BANK’S CONTROL.

PLEASE NOTE THAT ANY SOFTWARE DOWNLOADED FROM THIS WEB SITE IS AT YOUR OWN RISK AND THE BANK NEITHER ASSUMES NOR ACCEPTS LIABILITY FOR ANY LOSS OR DAMAGE, (WHETHER DIRECT OR INDIRECT), HOWSOEVER CAUSED, AS A RESULT OF ANY COMPUTER VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES ARISING FROM YOUR USE OF THIS WEB SITE. 

ANY HYPERLINKS FROM THIS WEB SITE EXIST FOR INFORMATION PURPOSES AND ARE FOR YOUR CONVENIENCE ONLY AND THE BANK ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING CONSEQUENTIAL LOSS) FROM THE ACCURACY OR OTHERWISE OF MATERIALS OR INFORMATION CONTAINED ON THE PAGES OF SUCH SITES OR LOSS ARISING DIRECTLY OR INDIRECTLY FROM DEFECTS WITH SUCH SITES. THE BANK'S INCLUSION OF HYPERLINKS DOES NOT IMPLY ANY ENDORSEMENT OF THE MATERIAL ON SUCH SITES. 

THE BANK DOES NOT GUARANTEE THAT ANY E-MAILS FROM THE WEB SITE WILL BE SENT TO YOU OR RECEIVED BY THE BANK NOR DOES THE BANK WARRANT THE PRIVACY AND/OR SECURITY OF E-MAILS DURING INTERNET TRANSMISSION. 

USE AND DISCLOSURE OF PERSONAL INFORMATION

Unless restricted by applicable law, you agree that any and all personal information/data relating to you collected by the Bank from this Web Site from time to time may be used and disclosed for such purposes and to such persons as may be in accordance with the Bank's current Data Protection and Privacy Policy. 

A copy of the Bank's current Data Protection and Privacy Policy may be accessed by clicking here

INDEMNITY

You hereby agree to indemnify and to keep the Bank fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding or expense (including legal fees, costs and expenses on a full indemnity basis) suffered or incurred by the Bank arising from or which is directly or indirectly related to:- 

(a) your access to and/or use of the Bank's Web Site and/or any other person or entity's use of this service or Web Site where such person or entity was able to access the service or Web Site using your user id and/or password; or 

(b) any breach or non-observance of any of these terms and conditions by you or by any other person or entity where such person or entity was able to access and/or use the Internet Banking service or Web Site by using your user id and password. 

TERMINATION

The Bank may terminate this Agreement, your access to this Web Site and use of its Internet Banking service at any time, with or without cause or notice. 

MODIFICATION

The Bank reserves the right in its discretion to change without prior warning or notice any information or material contained on this Web Site and the terms and conditions under which this Web Site is used. 

INTELLECTUAL PROPERTY RIGHTS 

All contents of this Web Site including, but not limited to the text, graphics, links and sounds are the copyright of Standard Chartered PLC and may not be copied, downloaded, distributed or published in any way without the prior written consent of the Bank. 

"Standard Chartered", "Standard Chartered Bank", 

are registered trade marks and service marks of Standard Chartered PLC and no permission or licence is granted to use any such trade marks or service marks without the prior written consent of Standard Chartered PLC. All other marks names and logos used on this Web Site (unless otherwise stated) are the intellectual property rights held by companies within the Standard Chartered Group. 

In relation to any information or materials which you submit to the Bank using this Web Site, you hereby grant to the Bank a worldwide royalty-free perpetual licence of the copyright and intellectual property rights in such information or materials for any purpose it deems including, without limitation, the copying, transmission, distribution and publication thereof, unless restricted by applicable law. 

You agree that the Bank shall not be under any obligation of confidentiality to you regarding any such information or materials submitted to it using this Web Site unless agreed otherwise in a separate direct contract between you and the Bank or required by law. 

You acknowledge that the contents of the foregoing provisions shall not limit any specific provisions set out in the individual terms and conditions of particular products and services offered on or through this Web Site. 

COPYRIGHT © STANDARD CHARTERED BANK 2013. ALL RIGHTS RESERVED. 


DATA PROTECTION AND PRIVACY POLICY

This Data Protection and Privacy Statement relates solely to information supplied by you on this Web Site. Standard Chartered Bank (Singapore) Limited, the Data Controller (the "Bank"), respects the privacy of your personal information. Any personal information provided by you to the Bank through this Web Site will be used solely for the purpose of providing you with the services you have requested at this Web Site and for other related purposes including updating and enhancing the Bank's records, understanding your financial needs, advising you of other products and services which may be of interest to you and for fraud prevention purposes. If you are providing your details in connection with an application for employment, please refer to our "Data Protection and Privacy Statement - Job Applicants" which will be displayed when you apply (see our 'Careers' page). This Policy will not alter or affect any information otherwise provided by you to the Bank.  

The information collected from you by the Bank will be valuable in improving the design and marketing of our range of services and related products for customer use. the Bank wishes to assure you that your private information will be treated as confidential and with high standards of security. The use of your information will be kept to the minimum required in order for the Bank to provide and to continually monitor and improve its services to our customers and keeping you informed about our products, services and other opportunities within the Bank.  

The details which you are requested to provide on this Web Site may be transferred within the Standard Chartered Group which may include transfer to other parts of the Group in different jurisdictions (including outside the European Economic Area) which may not have a level of data protection legislation equivalent to the EEA. However, the Bank pledges its intention to meet fully internationally recognised standards of personal data privacy protection and to comply with the requirements of applicable data protection/privacy laws. In doing so, we will ensure compliance by our staff with the strictest standards of security and confidentiality. By providing personal details to the Bank via this Web Site you consent to such transfer.  

It is your responsibility to maintain the secrecy of any user ID, login PIN and all other Passwords and Security Codes you hold.  

Other than to those individuals and entities listed below who are under a duty of confidentiality to the Bank, your details will not be revealed by the Bank to any external body, unless the Bank has your permission, or is under either a legal obligation or any other duty to do so. The information provided by you at this Web Site may be disclosed by the Bank to:  

  • Other Companies in the same Group 
     
  • Regulators 
     
  • Lawyers 
     
  • External Auditors 
     
  • Third Party Service Providers 
     
  • Any Agent acting on our behalf 

Data provided by you is retained as long as the purpose for which the data was collected continues. The data is then destroyed unless its retention is required to satisfy legal, regulatory or accounting requirements or to protect the Bank's interests. As a general rule, the maximum retention period is 7 years.    

Cookies

In order to improve our Internet service to you, we will occasionally use a "cookie" and/or other similar files or programs which may place certain information on your computer's hard drive when you visit the Bank web site. A cookie is a small amount of data that our web server sends to your web browser when you visit certain parts of our site. We may use cookies to:  

  • allow us to recognise the PC you are using when you return to our web site so that we can understand your interest in our web site and tailor its content and advertisements to match your interests (This type of cookie may be stored permanently on your PC but does not contain any information that can identify you personally.); 
  • identify you after you have logged in by storing a temporary reference number in the cookie so that our web server can conduct a dialogue with you while simultaneously dealing with other customers. (You browser keeps this type of cookie until you log off or close down your browser when these types of cookie are normally deleted. No other information is stored in this type of cookie.);  
  • allow you to carry information across pages of our site and avoid having to re-enter that information;  
  • allow you access to stored information if you register for any of our on-line services;  
  • enable us to produce statistical information (anonymous) which helps us to improve the structure and content of our web site;  
  • enable us to evaluate the effectiveness of our advertising and promotions. 

Cookies do not enable us to gather personal information about you unless you give the information to our server. Most Internet browser software allows the blocking of all cookies or enables you to receive a warning before a cookie is stored. For further information, please refer to your Internet browser software instructions or help screen. Alternatively, information on deleting or controlling cookies is available at http://www.allaboutcookies.org/  

Internet Communications

In order to maintain the security of our systems, protect our staff, record transactions, and, in certain circumstances, to prevent and detect crime or unauthorised activities, the Bank reserves the right to monitor all internet communications including web and email traffic into and out of its domains. 

Your Rights and How to Contact Us

You may have the right under data protection legislation on payment of a fee to request access to personal information about you held by us and to have it corrected where appropriate. If you have that right and you wish to access or correct or delete any of your personal data held by us, or if you have any questions concerning our Data Protection and Privacy Statement please contact the relevant Standard Chartered Data Protection representative. In UK please write to: The Regional Head of Legal & Compliance UK/Europe, 22 Billiter Street, London EC3M 2RY, England. (Fax number: (+44) (0)207 280 7478). Other local the Bank web sites may have details of local Data Protection Officers. 

Contacting You

In providing your telephone, mobile phone number, facsimile number, postal and e-mail address or similar details, you agree that the Bank may contact you by these methods to keep you informed about the Bank products and services or for any other reason. If you prefer not to be kept informed of the Bank products and services, please contact the Bank by E-mail. The Bank reserves the right to amend its prevailing Data Protection and Privacy Statement at any time and will place any such amendments on this Web Site. This Data Protection and Privacy Statement is not intended to, nor does it, create any contractual rights whatsoever or any other legal rights, nor does it create any obligations on the Bank in respect of any other party or on behalf of any party.  

COPYRIGHT © STANDARD CHARTERED BANK 2013. ALL RIGHTS RESERVED. 


STANDARD CHARTERED BANK (SINGAPORE) LIMITED

ELECTRONIC BANKING TERMS AND CONDITIONS

Please read these terms and conditions carefully.

These terms and conditions set out the rights and obligations of you, the customer, and us, the Bank, in connection with your use of the Service. All the terms and conditions of this agreement are legally binding, so please read them through carefully before you agree to be bound by them.

This agreement:

  • replaces all earlier terms and conditions relating to the Service (if any) except where we advise you otherwise;
     
  • is in addition to the terms and conditions that apply to the individual accounts you may be accessing through the Service. If there is a conflict between the terms and conditions of this agreement and any other relevant terms and conditions, the terms and conditions of this agreement will prevail; and
     
  • relates to (a) individual accounts in your sole name and (b) joint accounts but only if these may be operated by a single signing authority ("eligible accounts"). Account holders who do not have an eligible account for these purposes may nonetheless make account enquiries.
In the last section of this agreement, you will find definitions of some of the words and phrases used in these terms and conditions.

1. THE ACCOUNTS ON WHICH YOU MAY USE THE SERVICES

1.1 By agreeing to be bound by the terms of this agreement, you agree that the Service will be available on all eligible accounts with us, whether open now or opened in the future, including any joint accounts you hold with others. The Service cannot be used on some types of accounts and we will advise you from time to time as to which accounts are eligible.

1.2 In order to use the Service, you must be registered by us to use the Service.

2. FOLLOWING OUR USER GUIDANCE
2.1 User Guidance on the operation of the Service will be made available to you. User Guidance will cover (among other things) the times when the Service is available, how to access and operate the Service, what things you can and cannot do with the Service, and the time it usually takes to carry out particular types of transactions. You must follow all relevant User Guidance whenever you access and operate the Service.

2.2 We may inform you from time to time about changes to the way you should access or operate the Service. You must observe all such changes when accessing or operating the Service.

3. YOUR RESPONSIBILITIES FOR SECURITY
3.1 To ensure that you alone are able to access and give instructions on your accounts using the Service, you must adopt and at all times maintain the following security procedures.

3.2 To enable you to use the Service, we will give you a user identification code and initial password(s) and you may then choose your own password(s) for the Service. For certain online services and transactions, we may also require you to obtain and use an Additional Logon Pin (ALP) for additional security verification purposes. These are all your Security Codes used to identify you whenever you access and transact using the Service. If you are agreeing to the terms of this agreement jointly with others, we will give each of you a unique identification code, initial password(s) which each of you may choose individually and an ALP.

Safeguarding your Password and Security Codes

3.3 In connection with your Security Codes:

3.3.1 you should change your Passwords regularly and may do so if or when the Service requires you to do so. You should not choose a Password you have used before;

3.3.2 whenever you choose a Password, you must take care not to choose a number that is likely to be guessed by anyone trying to access the Service pretending to be you. For example, you should avoid your own or a relative's birthday, or any part of your telephone number;

3.3.3 you must take all reasonable steps to ensure that you safeguard your Security Codes at all times, whenever possible. You must not disclose any details of your Passwords to anyone else, including to someone who is a joint account holder with you, or to a member of our staff, or to someone giving assistance on a technical helpdesk in connection with the Service;

3.3.4 you must not record your Security Codes in a way that could make them recognisable by someone else as Security Codes;

3.3.5 if you discover or suspect that a Password or any part of it is known to someone else, you must immediately change the Password yourself through the Service. If this is not possible, you must notify us immediately by telephoning us on 1800 747 7000 (or any other number we may let you have from time to time for this purpose). We will suspend use of the Service until new Security Codes have been set up.

3.3.6 in the case of an Additional Logon PIN (ALP) to be obtained from us, you must immediately notify us on the loss or change of your mobile phone number registered with us. Clauses 3.3.3 and 3.3.4 above shall, with the necessary modifications, apply to the ALP, and you must notify us immediately if you discover or suspect that the ALP is obtained by or known to someone else. If you are using the Service, you should immediately terminate that online session to deactivate the ALP already obtained for that session.

Checking your statements

3.4 If you become aware of any transaction on any of your accounts that has not been validly authorised by you, you must notify us immediately by telephoning us on 1800 747 7000 (or any other number we may let you have from time to time for this purpose). For this purpose, you are reminded that you must, as is required of you for all your accounts, check all bank Statements for any unauthorised transactions.

Other security safeguards

3.5 You must not allow anyone else to operate the Service on your behalf.

3.6 You must not leave Your System unattended while you are on-line to the Service. This applies whether Your System is a device you have sourced independently of us or a device provided by us to access the Service in one of our branches. However, the public nature of our branches makes it particularly important that if you access the Service from a device in one of our branches you do not leave that device unattended while on-line and you ensure that you have gone off-line before leaving the branch.

3.7 You must not access the Service from any device connected to a local area network (or LAN), such as an office environment, without first making sure that no one else is able to observe or copy your access or obtain access to the Service pretending to be you.

3.8 You must comply with any other requirements designed to protect the security of your use of the Service which are set out in the User Guidance or notified by us to you in any other way.

Responsibility for loss of Security Codes/token(s)

3.9 In relation to any Security Codes and/or token(s) (where applicable) sent to you by ordinary post or by any other means, you agree to be responsible for and accept all risks associated with the delivery by the us to you of the Security Codes and/or token(s), from the time the foregoing leaves our physical custody or when we transfers control of the same to you (as applicable) or when we send the ALP to your mobile number based on our records or via the token and you shall be responsible for the continuing safekeeping of the same thereafter.

3.10 Any individual, (whether with or without your permission) who uses such Security Codes and/or token(s) shall be deemed to have be authorized by you unless otherwise notified by you to us. Unless otherwise notified to us by you, you agree not to hold us responsible in any way for losses you may suffer from non-receipt of Security Codes and/or token(s) or the disclosure to any party.

4. YOUR AUTHORITY TO US TO CARRY OUT INSTRUCTIONS
Your giving of instructions via the Service
4.1 You agree that the use of the Security Codes agreed between us for the Service is adequate identification of you. We are entitled to act on instructions (using the Security Codes via the Service) without obtaining any further written or other confirmation from you, even if those instructions are not actually given or authorised by you (except in the circumstances described in section 4.4).

4.2 You agree that when you give to us an instruction via the Service (including but not limited to an instruction to transfer funds out of your account), we are deemed to have received or executed the instruction only when you have received our confirmation that we have received or executed that instruction.

4.3 You are solely responsible for ensuring the accuracy, adequacy and completeness of all instructions given by you via the Service (including but not limited to instructions to transfer funds out of your account). We are not obliged to verify the accuracy, adequacy and completeness of your instructions. Without limiting the scope of anything in section 8, we will not be liable for any loss or damage to you as a result of:

4.3.1 your instructions to transfer funds being inaccurate, inadequate or incomplete in any manner; or

4.3.2 any failure, refusal, delay or error by any third party through whom any such funds transfer is to be made, to transfer the funds to or to credit the account of the intended payee.

Your liability for unauthorised instructions

4.4 You will not be liable for misuse of your Password by someone to give unauthorised instructions purporting to come from you provided that you prove to our satisfaction that you have:

4.4.1 ensured that all the security procedures described in sections 3.1 to 3.3.6 inclusive and 3.4 to 3.8 inclusive have been faithfully observed; and

4.4.2 notified us that your Password is or might be known to someone else in accordance with section 3.3.5.
You will be held liable for all losses due to unauthorised use if you have acted fraudulently or with gross negligence or if you are in willful default of any of the security obligations described in sections 3.1 to 3.3.6 inclusive and 3.4 to 3.8 inclusive or the notification requirements of section 3.3.5 or 3.3.6.

4.5 You will not be responsible nor have any liability for any instruction that is not authorised by you but is given using your Security Codes if:
4.5.1 such instruction is given after you have notified us that you have discovered or suspected that your mobile phone number is lost or changed or your Password is obtained by or known to someone else in accordance with section 3.3.5 or 3.3.6; or

4.5.2 your Password has been obtained by or has become known to the person giving the unauthorised instruction as a result of our failure to comply with section 8.1 or any negligence or wilful default on our part.

Acting on your instructions

4.6 You must not use the Service to create an unauthorised overdraft on any of your accounts and we are entitled to refuse to accept any instruction that would do so. If an unauthorised overdraft is created, we may take any action we think fit and charge any interest and charges to the account in question (in accordance with the terms and conditions of that account). You agree that:
4.6.1 it is your responsibility to make sure that no unauthorised overdrafts are created; and

4.6.2 you will not rely on the operation of the Service to prevent an unauthorised overdraft being created. In particular, you must remember that your cheques and any payment instructions you have given via the Service might take time to clear and might not always be immediately reflected in the balance on your account.

4.7 When we receive a transaction instruction from you through the Service, we will be entitled to debit any payment plus any charges payable for the transaction from the account you have specified. Once you have given an instruction through the Service, you will not be able to reverse it. We will be under no obligation:
4.7.1 to reverse an instruction you have given; or

4.7.2 to accept an instruction that is conditional or reversible or which requires us to pay a third party sooner than we would be able to pay them following our normal banking practices.

However, if you do ask us to reverse an instruction after you have given it, we may at our discretion try to do so to the extent that this is possible under the rules and practices of the banking system. You agree that you will be responsible for any costs we incur as a result.

4.8 We may, when we believe we are justified in doing so:

4.8.1 refuse to carry out an instruction given via the Service; or

4.8.2 require written confirmation from you of a particular instruction.

If we come to believe that an instruction may not have been properly authorised by you, we will be entitled, after making reasonable efforts to check whether it was properly authorised, to take steps to reverse any action taken on the basis of that instruction. We will not be responsible for any loss to you that results from such a reversal.

4.9 When you give an instruction via the Service, we will act on that instruction in accordance with the cut-off times notified to you through the Service. From time to time we may notify you of changes to these cut-off times. Instructions given at any other time may not be acted on until the next Business Day.
5. IF YOU HOLD ANY JOINT ACCOUNTS
5.1 In connection with any account which you hold jointly (provided that this may be operated on a single signing authority basis) with others, you agree that:
5.1.1 your joint account holders may operate the account using the Service on the terms set out in this agreement. This applies even if you are not yourself registered to use the Service (in accordance with section 1.2); and

5.1.2 any single party to a joint account may validly give instructions via the Service in connection with that joint account.

5.2 The provisions of section 5.1 above override any other existing arrangements in connection with your authority to operate joint accounts.

5.3 In connection with any account which you hold jointly with others and requires two or more authorised signatories to be operated, you and the joint signatories will only be able to utilise such part of the Service which allows you to obtain information about the account, including but not limited to the balance of the account.

6. OPERATING TIMES, CHANGES AND DISRUPTIONS
6.1 The Service will usually be available for use at the times given in the User Guidance or at other times notified to you. You accept, however, that routine maintenance requirements, excess demand on the systems and circumstances beyond our control may mean it is not always possible for the Service to be available during its normal operating hours.

6.2 In connection with the Service, we are entitled at any time to:

6.2.1 change the mode of operation; or

6.2.2 add to, remove or otherwise change, end or suspend any of the facilities available; or

6.2.3 end the Service.

If we decide to change or end the Service, we will try to give you 30 days notice or whatever shorter period of notice may be reasonable in the circumstances.
7. SERVICE SOFTWARE AND HARDWARE
Software compatibility
7.1 Each time you access the Service, it may automatically provide Your System with the Service Software necessary to enable you to access and operate the Service. Alternatively, the Service Software may be supplied to you in some other way. It is your responsibility to ensure that the Service Software supplied to you is compatible with any computer or other device from which you access the Service and any software on that computer or other device. If it is not, you must compensate us for any loss we suffer as a result. We shall not be liable to you for any loss you suffer as a result of any incompatibility between the Service Software and any computer or other device from which you access the Service.

Protecting against Viruses

7.2 You must take all reasonably practicable measures to ensure that any computer or other device from which you access the Service is free of any computer virus or similar device or software including, without limitation, devices commonly known as software bombs, Trojan horses and worms (together "Viruses") and is adequately maintained in every way. The Service can be accessed through the Internet or other communication channels as the case may be, public systems over which we have no control. You must therefore ensure that any computer or other device you use to access the Service is adequately protected against acquiring Viruses.

Using other people's devices

7.3 You must not access the Service using any computer, mobile phone or other device which you do not own unless you have first obtained the owner's permission to do so. If you break this rule, you must compensate us for any loss we suffer as a result.

Access through third party services

7.4 We cannot be responsible for any services through which you access the Service or by which you obtain your Security Codes that are not controlled by us, or for any loss you may suffer as a result of you using such a service. You must comply with all the terms and conditions of such a service and pay all the charges connected with it.

Ownership rights in connection with the Service Software and other information

7.5 By supplying you with the Service Software to access the Service, we are granting you a non-exclusive, non-transferable, temporary licence to use the Service Software for the purpose of accessing the Service, and for no other purpose. The Service Software and all other material and information supplied to you, including the User Guidance, contains valuable information that belongs to us or others. You must not:

7.5.1 use them except in connection with accessing the Service;

7.5.2 take copies, sell, assign, commercially rent, sub-license, otherwise transfer them to any third party; or

7.5.3 try to decompile, reverse engineer, input or compile any of the service Software.

7.6 If you access the Service from a country outside the Republic of Singapore, you are responsible for complying with the local laws of that country, including (but not limited to) obtaining any licence needed for the import / export of the Service Software to that country.
8. THE EXTENT OF OUR LIABILITY FOR YOUR LOSS OR DAMAGE
8.1 We will take reasonably practicable steps to ensure that our systems in connection with the Service are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to us from time to time.

8.2 We will not be liable for any loss or damage to you as a result of making the Service available to you, including any direct, indirect, consequential or special loss, even if we have been advised of the same. Examples of circumstances in which we will NOT be liable to you for loss or damage resulting to you through the use of the Service include (but are not limited to):

8.2.1 acting on an instruction which has been validly authenticated as coming from you but which in fact was given by somebody else (but please see sections 4.4 and 4.5 which explain the exceptions to this rule); and

8.2.2 any incompatibility between Your System and the Service; and

8.2.3 any machine, system or communications breakdown, interruption, malfunction or failure (except where such failure should have been prevented by the risks control and arrangement measures had we adopted such measures in accordance with section 8.1), industrial dispute, failure or fault of any Internet service providers, telecommunications or SMS service providers or operators, or their respective agents and subcontractors or other circumstances beyond our control that leads either to the Service being totally or partially unavailable or delayed, or to the non-receipt, interception of or unauthorised access to or use of the Security Codes or to instructions given via the Service not being received, authenticated, accurate, correct or acted upon promptly or at all; and

8.2.4 you relying on or using any financial or product information provided as part, or by means, of the Service, or you using or purchasing any service or product by virtue of such reliance or use of the Service; and

8.2.5 any misuse of Your System or the Service by you or anyone else; and

8.2.6 any access to information about your accounts which is obtained by a third party as a result of your using the Service (except where that access is obtained as a result of our negligence or our willful default); and

8.2.7 any delay or failure to send, transmit, receive, confirm or acknowledge any email, SMS messages, Security Codes or anything available under the Service, or any error, inaccuracy or incompleteness of any information or data available under the Service.

8.3 In the event that we are liable for any loss or damage to you as a result of your use of the Service, we shall only be liable for direct loss or damage which, in the ordinary course of events, might reasonably be expected to result from the circumstances in question and only if such loss or damage is caused by our gross negligence or willful default.
Please note that the Service has no facility for you to let us know that it is especially important to you that a transaction is carried out by a particular time. If you need to be completely certain that an instruction has reached us and that it will be carried out by a particular time, you must speak to our staff on 1800 747 7000.

8.4 You shall indemnify us, our employees and our nominees or agents promptly and on a full indemnity basis from or against all actions, omissions, negligence, proceedings, claims, demands, damages, losses (including direct, indirect or consequential losses), costs and expenses including all duties, taxes, or other levies and legal costs as between solicitor and client (on a full indemnity basis) and other liabilities which we may incur or suffer from or by reason of your use of the Service.

9. IF YOU BREAK A TERM OF THIS AGREEMENT
You must compensate us for any loss we suffer as a result of your breaking any term of this agreement.

10. ENDING YOUR USE OF THE SERVICE

10.1 You may cancel your use of the Service at any time by giving us written notice (or in any other way we notify you about from time to time).

10.2 If you have multiple accounts, you may not cancel the Service solely in respect of any one account, unless you are notified to the contrary in the User Guidance or otherwise in writing.

10.3 We have the right to end or suspend your use of the Service at any time. We will usually give you at least 30 days notice. However, we may give you a shorter period of notice or no notice if we consider it necessary, for example because of security concerns in connection with your use of the Service or because we are concerned that you have used or may use the Service to create an unauthorised overdraft or otherwise to operate any of your accounts in breach of your arrangements with us.  

10.4 We will be entitled to end your use of the Service immediately on all your accounts if any of your joint account holders notifies us:

10.4.1 that the joint account can no longer be operated on your instructions alone; or

10.4.2 that he/she is no longer prepared to accept that you may operate the joint account using the Service.

10.5 If your use of the Service comes to an end for any reason, this will not affect any instructions you have already given via the Service. If more than one person has signed this agreement and one of you withdraws from the Service, this will not affect the use of the Service by the others (except in the circumstances outlined in section 10.4).
11. ABOUT OUR CHARGES
11.1 We are entitled:
11.1.1 to charge you fees and charges for the Service; and

11.1.2 to change those fees and charges from time to time by giving you at least 30 days notice. If we give you such a notice, you will not have to pay any proposed increase so long as you cancel your use of the Service during the 30 day notice period. However, your continued use of the Service after the 30 day notice period shall be conclusively deemed to be your acceptance of such changed fees and charges.

11.2 To avoid any doubt, please note that the references to fees and charges in section 11.1 only apply to our charges for providing the Service. They do not apply to any charges for particular banking or other services we might provide in response to your requests via the Service. We will be happy to provide you with details of our charges for particular banking or other services on request.
12. OUR RIGHT TO MAKE CHANGES TO THIS AGREEMENT
12.1 We have the right to change the terms of this agreement at any time by giving you notice either in writing, by placing prominent notices at our offices or branches or by sending you a message via the Service. Your own rights to use the Service will not be affected by the change until you have actually received the notice.

12.2 We will give you 30 days notice of any change before it takes effect, except when notice has to be shorter in order to protect the security of the Service or in other circumstances beyond our control. Once you have received notice of any change in the terms of this agreement, we will treat your subsequent use of the Service as your acceptance of the change (but please remember, you have the right to end your use of the Service at any time).

13. THE VALIDITY OF THE TERMS OF THIS AGREEMENT
13.1 If any one or part of the terms of this agreement proves to be legally unsound or unenforceable in any way, this will not affect the validity of the remaining terms.

13.2 We believe the terms of this agreement are fair. If any one or part of them proves to be not legally valid because it is unfair or for any other reason, we are entitled to treat that term as changed in a way that makes it fair and valid.

13.3 If one of the terms of this agreement is unenforceable against one of the customers signing this agreement, this will not in any way affect the enforceability of that term against the other signatories.

13.4 If we relax any of the terms of this agreement once, this may be on a temporary basis or as a special case only. Such relaxation will not affect our right to enforce that term strictly at any other time.

14. COMMUNICATIONS BETWEEN US
14.1 Except for situations where this agreement refers to your giving us notice by telephone, you should give us any other formal notice in connection with the Service in writing (in hard copy form) to any of our branches in Singapore where you maintain an account (or any other address we may notify to you from time to time for this purpose).

14.2 Any complaints in connection with the Service should be directed to: any of our branches in Singapore where you maintain an account (or any other address we may notify to you from time to time for this purpose).

14.3 Electronic mail is not a completely reliable or secure method of communication and you must not use it for sending us:

14.3.1 notices in connection with the terms of this agreement; or

14.3.2 sensitive communications, such as payment instructions (payment instructions should be sent through the Service in accordance with the User Guidance or in accordance with the terms of the relevant account which you hold with us).

14.4 If we need to send you a notice, we will use the address you have given us most recently in connection with your bank accounts.
14.5 For purposes of certain Passwords like the ALP, we will for security reasons transmit them through a stipulated communication or electronic device designated in advance to the address or number reflected on our records as the most recently registered address or number (including your registered mobile phone number), or where such communication or electronic device is unavailable, in such manner and through such other medium as we may otherwise stipulate.

15. SERVICE QUALITY: RECORDING YOUR CALLS AND INSTRUCTIONS

To protect both our customers and our staff, and to help resolve any disputes between you and us, you acknowledge that:

15.1 we will record all telephone conversations between us and customers of the Service; and

15.2 we will keep a record of all instructions given by customers via the Service; and

15.3 we may listen to telephone calls made in respect of the Service in order to assess and improve the quality of the Service.

16. OUR ADVERTISING
From time to time we may advertise our own products and services, and those of other companies in the Standard Chartered Group, through the Service. If, in connection with other agreements with us, you have asked us not to send you any marketing material (or if you do so in the future), you agree that this restriction will not apply to these advertisements.

17. THE LAW GOVERNING THIS AGREEMENT

This agreement is governed by the laws of the Republic of Singapore ("Singapore"). Both parties agree to submit to the jurisdiction of the Singapore Courts in connection with any dispute. This does not affect our right to pursue our remedies in the courts of any other jurisdiction which is appropriate. In the event of any inconsistency between the English version and the Chinese version of this agreement, the English version of this agreement will prevail.
18. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE INTERBANK FUNDS TRANSFER SERVICE
18.1 You may use the Service to instruct us to transfer funds from your account with us (“your designated account”), to a stipulated account with another bank. This Interbank Funds Transfer Service (“IFTS”) is part of the Service provided by us to you. You acknowledge that using the IFTS is the same as using the Service.

18.2 You may issue as many instructions to transfer funds in any one day as you wish. However, you may only issue instructions to transfer up to an aggregate total of your personalized limit per day.

18.3 We are not obliged to execute your instructions to transfer funds via the IFTS and we will not be liable for any loss or damage to you as a result of us not effecting such instructions, if, on the stipulated transfer date:  

18.3.1 your designated account does not contain sufficient funds to make the funds transfer; or

18.3.2 your designated account does not contain sufficient funds to pay for any charges, fees, interest or other sums that may be payable by you to us; or

18.3.3 the execution of your instructions will cause the balance in your designated account to exceed the credit limit that we have set for you and/or your designated account; or

18.3.4 your designated account is closed, frozen or inaccessible for any reason.

18.4 You agree that you, and not we, will be responsible for any charges imposed, or any other action taken, by a receiving bank or intended receiving bank, where:
18.4.1 you do not have sufficient funds in your designated account to make a transfer; or

18.4.2 an order of court prohibits withdrawals from your designated account; or

18.4.3 your designated account is closed; or

18.4.4 your designated account or any funds in your designated account have been put on hold; or

18.4.5 the execution of your instruction to transfer funds will cause the balance in your designated account to exceed the credit limit that we have set for you and/or your designated account; or

18.4.6 you did not correctly use the Service, including the IFTS; or

18.4.7 circumstances beyond your reasonable control prevent the transfer of the funds, despite reasonable precautions taken by you. Examples of such circumstances which are beyond your reasonable control include (but are not limited to) fire, flood or improper transmission or handling of payments by a third party.

18.5 We are entitled to determine at our discretion the order of priority in executing your instructions to transfer funds and/or any other existing arrangements you may have made with us on the stipulated date for the execution of the funds transfer. Examples of such other existing arrangements include (but are not limited to) cheques, standing orders, and interbank GIRO deductions.
19. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE BILL PAYMENT SERVICE
19.1 You may use the Service to instruct us to transfer funds from your account with us (“your designated account”), to the account of a stipulated payee organisation (which may either be with us or with another bank). This Bill Payment Service (“BPS”) is part of the Service provided by us to you. You acknowledge that using the BPS is the same as using the Service.

19.2 You may issue as many instructions to make payment to payee organisations in any one day as you wish.

19.3 You acknowledge that all payments received by us from you for the account of the payee organisation will be credited to the payee organisation on:

19.3.1 if the payee organisation’s account is maintained with us, the next Business Day; or

19.3.2 if the payee organisation’s account is maintained with another bank, on the second Business Day after the Business Day on which we receive the payment from you for the account of the payee organisation.

19.4 You agree that we are entitled to provide a report on a daily or other regular basis to all payee organisations under the BPS. This report will list out all the users of the Service who have made payments to that payee organisation and the respective amounts paid by each of those users to that payee organisation and credited into that payee organisation’s account on each day.

19.5 We are not obliged to execute your instructions to make payments to payee organisations via the BPS and we will not be liable for any loss or damage to you as a result of us not effecting such instructions, if, on the date on which such payment is to be made from your designated account:

19.5.1 your designated account does not have an adequate balance to make the payment; or

19.5.2 your designated account does not contain sufficient funds to pay for any charges, fees, interest or other sums that may be payable by you to us; or

19.5.3 the execution of your instructions will cause the balance in your designated account to exceed the credit limit that we have set for you and/or your designated account; or

19.5.4 your designated account is closed, frozen or inaccessible for any reason.

19.6 You agree that you, and not we, will be responsible for any charges imposed, or any other action taken, by a payee organisation or intended payee organisation, where:
19.6.1 you do not have an adequate balance in your designated account to make the payment; or

19.6.2 an order of court prohibits withdrawals from your designated account; or

19.6.3 your designated account is closed; or

19.6.4 your designated account or any funds in your designated account have been put on hold; or

19.6.5 the execution of your instruction to make payment will cause the balance in your designated account to exceed the credit limit that we have set for you and/or your designated account; or

19.6.6 you did not, at our sole discretion, correctly use the Service, including the BPS; or

19.6.7 circumstances beyond your reasonable control prevent the making of the payment, despite reasonable precautions taken by you. Examples of such circumstances which are beyond your reasonable control include (but are not limited to) fire, flood or improper transmission or handling of payments by a third party.

19.7 We are entitled to determine at our discretion the order of priority in executing your instructions to make payments and/or any other existing arrangements or instructions you may have made with us on the date on which the payment to the stipulated payee organisation is to be made from your designated account. Examples of such other existing arrangements or instructions include (but are not limited to) cheques, standing orders, interbank GIRO deductions and instructions to transfer funds.
20. DEFINITIONS : THE MEANING OF SOME WORDS AND PHRASES USED IN THIS AGREEMENT
Some words and expressions used in this agreement have particular meanings as follows:

"ALP" means a unique randomly generated password known as the Additional Logon PIN that is required to access the Services as a means of identifying you when you use the Service, and which we will transmit using your mobile phone number that has been registered with us or via token or such other means as we may otherwise select or agree.

Business Day means a day (other than Saturday, Sunday or a public holiday) on which banks are open for business in Singapore.

Password means the Phone Banking Personal Identification Number, AOP or Internet Banking Personal Identification Number or secret number(s) chosen by you (or if you do not elect to change it, the initial secret number(s) given to you) that is used to confirm your identity whenever you use the Service.

Security Codes means the user identification code with the applicable Password details agreed between you and us and shall also include the ALP that are used to identify you whenever you use the Service.

SMS means a service known as Short Message Service that enables text and other messages to be transmitted between mobile phones and such other telecommunication or electronic devices as the relevant service providers may make available.

Service means the services provided by us which enable you to obtain information from us and give instructions to us by computer, telephone, mobile telephone, personal digital assistant or other device linked to our system by any means (among other things).

Service Software means any software supplied to you whenever you access the Service and any other software we supply to you for the purpose of accessing the Service from time to time.

Statement means bank statement, contract or translation note, confirmation notice for Investment Services, or any of these or similar documentation, as applicable, depending on the service.

User Guidance means the guidelines we provide from time to time in connection with your operation of the Service, which may include guidance:

  • in hard copy form (for example, in a user manual or by letter); and

  • spoken guidelines (e.g. by any technical helpdesks we may operate); and

  • through any on-line help service available as part of the Service.

We/us/our/Bank refer to Standard Chartered Bank (Singapore) Limited, a company incorporated in Singapore with its registered address at 8 Marina Boulevard, #27-01 Marina Bay Financial Centre, Singapore 018981.

You/your means you, the customer(s), who are registered by us to use the Service.

Your System means the equipment and software contained on it used by you to access the Service.


COPYRIGHT STANDARD CHARTERED BANK 2013. ALL RIGHTS RESERVED.