Please read these terms and conditions carefully.
These terms and conditions ("Mobile Banking-Terms") set out the rights and obligations of you, the customer, and us, the Bank, in connection with your use of the Mobile Banking-Service. All the terms and conditions of these Mobile Banking-Terms are legally binding, so please read them through carefully before you accept and agree to the said terms and conditions.
|1.1||These Mobile Banking-Terms are in addition to and shall be read in conjunction with the Internet Banking Terms and Conditions ("Internet Banking-Terms"). The Internet Banking-Terms shall apply to the Mobile Banking-Service to the extent relevant and subject to these Mobile Banking-Terms, such that among other things, all references in the Internet Banking-Terms to:|
|1.1.1||"Password" and "Activation key" are deemed to include passwords and Security Codes under these Mobile Banking-Terms;|
|1.1.2||"Banking Services" are deemed to include the Mobile Banking-Service;|
|1.1.3||"Software" is deemed to include the Software to be installed to the user's mobile phone; subject to the necessary changes being made in construction, and as amended by these Mobile Banking-Terms. If there is a conflict or inconsistency between these Mobile Banking-Terms and the Internet Banking-Terms, these Mobile Banking-Terms will prevail to the extent of the conflict or inconsistency in relation to the Mobile Banking-Service, but not for the other Banking Services.|
|1.2||These Mobile Banking-Terms:|
|1.2.1||relate only to individual accounts in your sole name and to joint accounts which you hold with another person but only if these may be operated by a either to sign authority. ("Eligible Accounts").|
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|2.1||The definitions in the Internet Banking-Terms will continue to apply to these Mobile Banking-Terms unless a word is separately defined in these Mobile Banking-Terms.|
|2.2||In these Mobile Banking-Terms, the following words shall have the following meanings: |
Agreement means the agreement formed between you and the Bank comprising the Application Form signed by you, these Mobile Banking-Terms, and subject to Clause 1.1 of the Internet Banking-Terms.
Internet Banking-Terms is defined in Clause 1.1.
Eligible Accounts means individual accounts in your sole name and to joint accounts which you hold with another person but only if the mandate is "either one to sign".
Instructions means instructions, communications, operations or transactions transmitted by your Mobile Phone under the Mobile Banking-Service.
Mobile Banking-Service means the Bank's mobile banking services as described in the User Guidance and as may be amended by the Bank from time to time.
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.
Mobile Phone means the mobile phone or such other communication device which is used to access the Mobile Banking-Service.
Procedures as defined in Clause 5.1.
Security Codes means all user, passwords, activation keys, digital keys, and/or digital signatures, as may be prescribed by the Bank from time to time for use with the Mobile Banking-Service.
Software means the software application to be downloaded and installed by you in your Mobile Phone in order to access the Mobile Banking-Service, as may be designated for use by the Bank from time to time.
|2.3||In these Mobile Banking-Terms:|
|2.3.1||the words include and including shall not be construed as having any limiting effect;|
|2.3.2||the singular includes the plural and vice versa;|
|2.3.3||a gender includes the other genders;|
|2.3.4||the headings are used for convenience only and do not affect the interpretation of these Mobile Banking-Terms;|
|2.3.5||the words "in writing" include any communication sent by letter, facsimile transmission or email;|
|2.3.6||a reference to a document includes the document as modified from time to time and any document replacing it; and|
|3.1||By agreeing to be bound by the terms of this agreement, you agree that the Mobile Banking-Service will be available on all Eligible Accounts with the Bank, whether open now or in future. The Mobile Banking-Service cannot be used on some types of accounts and the Bank will advise you from time to time as to which accounts are eligible.|
|3.2||In order to use the Mobile Banking-Service, you must be registered by the Bank to use the Mobile Banking-Service, and comply with the registration and activation procedures prescribed by the Bank.|
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|4.1||The Mobile Banking-Service will only be available for mobile phones and data connections which meet the required specifications and configurations as may be specified by the Bank from time to time, and you agree to procure and maintain a mobile phone and data connection which meet these requirements at your own expense.|
|4.2||User Guidance on the operation of the Mobile Banking-Service will be made available to you. You must follow all relevant User Guidance whenever you access or operate the Mobile Banking-Service.|
|4.3||The Bank may inform you from time to time about changes to the way you should access or operate the Mobile Banking-Service. You must observe all such changes when accessing or operating the Mobile Banking-Service.|
|4.4||The Mobile Banking Services are intended to be available 7 days a week, 24 hours a day but there is no warranty that the same will be available at all times. You further agree that the Bank shall be entitled at any time, at the Bank's sole discretion and without prior notice, to temporarily suspend the operation of the Mobile Banking-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.|
|4.5||The scope, features and functionality of the Mobile Banking-Service will differ from the other Banking Services for other electronic channels, and may be varied by the Bank from time to time. You agree and acknowledge that|
|4.5.1||certain services are not available on the Mobile Banking-Service and these may or may not become available in the future; and|
|4.5.2||certain services which are currently available on the Mobile Banking-Service may be discontinued.|
|4.6||You acknowledge and agree that the Bank may, in its sole and absolute discretion, without notice and from time to time add to, vary, alter, suspend or remove any part of or all of the Mobile Banking-Service, or any function or feature of the Mobile Banking-Service, without giving any reason and without incurring any liability.|
|4.7||Without prejudice to Clause 1.1, and for the avoidance of doubt, all provisions in the Internet Banking-Terms relating to joint accounts shall also apply to the Mobile Banking-Service. Where conflicting or inconsistent instructions are received from two (2) or more joint account holders, the Bank shall be entitled to act on any one of these instructions without any liability for any failure to act on the other instructions.|
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|5.1||Security Codes will be issued by the Bank for access to the Mobile Banking-Service, which may be different from those issued for the other Services. The Bank may also issue separate requirements, restrictions, instructions, activation and access procedures, or any additional conditions pertaining to the access and use of the Mobile Banking-Services, the Software, the Security Codes for the Mobile Banking-Service, and the transmission of Instructions ("Procedures"). All Procedures may be varied by the Bank from time to time. You agree and undertake to be bound by and to comply with all of the Procedures as may be issued by the Bank from time to time.|
|5.2||The Bank shall not be bound by or obliged to take any action on any Instructions which do not properly comply with the Procedures and the Bank may reject such non-compliant Instructions.|
|5.3||You must secure the Software and the Security Codes installed in your Mobile Phone with a password. All such passwords and the Security Codes must be kept strictly confidential and must not be disclosed to anyone else.|
|5.4||You must not leave your Mobile Phone unattended or permit any person access to your Mobile Phone in such a manner that he may access your Software, Security Codes or the Mobile Banking-Service, whether with or without your consent.|
|5.5||In the event that you lose or replace or part with possession or control of your Mobile Phone in which the Software and/or Security Codes are installed, or if you have reason to believe that someone has accessed your bank account(s) using the Software or Security Codes, you must immediately notify and instruct the Bank to revoke the Security Codes immediately, and make a fresh application to register for the Mobile Banking-Service.|
|5.6||Until and less you notify the Bank in accordance with Clause 5.5, all Instructions received by the Bank which are associated with your Security Code shall be deemed to have come from you, and the Bank shall be entitled to rely on such Instructions, whether they actually originated from you or not. You acknowledge that the Bank may not be able to reverse or annul any transaction executed based on Instructions received prior to your notice to the Bank.|
|5.7||Without prejudice to Clause 1.1, and for the avoidance of doubt, all provisions in the Internet Banking-Terms relating to:|
|5.7.1||security matters and safeguards, and your responsibilities for security and confidentiality;|
|5.7.2||safeguarding Security Codes and Passwords, and the use of the same;|
|5.7.3||checking of statements and information;|
|5.7.4||your giving of instructions;|
|5.7.5||your liability for unauthorised transactions; and|
|6.1||Upon completion of the prescribed registration and activation procedures, you will be permitted to download the Software for installation into your Mobile Phone and be granted the non-exclusive, non-transferable right to use the Software, but based upon and subject always to your agreement to the following conditions:|
|6.1.1||You will not use the Software for any purpose other than to access your own account(s) via the Mobile Banking-Service on your own Mobile Phone;|
|6.1.2||You will not download or install the Software into a mobile phone which you do not own or have exclusive control;|
|6.1.3||You will not permit or enable any person to access the Software, or leave your Mobile Phone unattended in such a manner as to enable a person to access the Software;|
|6.1.4||You will not reproduce, modify or reverse engineer the Software or permit another person to do so;|
|6.1.5||You will not permit any person to access your Security Codes or activation codes or otherwise enable him to download a copy of the Software; and|
|6.1.6||The Software is made available to you strictly on an "as is" basis, and no warranty is made in relation to the Software, including any warranty in relation to its merchantability, fitness for purpose, satisfactory quality or compliance with description, and all warranties which may be implied by law or custom are hereby excluded. In addition, you agree that the Bank cannot ensure that the Software will be compatible or may be used in conjunction with any Mobile Phone, and you agree that you will not hold the Bank liable for any such incompatibility or for any loss or damage to any Mobile Phone which may be caused by the Software or the installation process.|
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|7.1||For the avoidance of doubt, you agree that all provisions in the Internet Banking-Terms relating to the Bank's liability including qualifications, exclusions and limitations shall apply to the Mobile Banking-Terms and the Mobile Banking-Service.|
|7.2||In particular, you acknowledge and agree that in addition to the events set out in the Internet Banking-Terms for which the Bank is not liable, the availability and proper functioning of the Mobile Banking-Service is dependent on many variable circumstances, including location, mobile network availability and signal strength, proper functioning of hardware, software and your Mobile Phone, and the Bank shalll not be liable for any loss or damage caused by any unavailability or improper functioning of the Mobile Banking-Service for any reason.|
|7.3||You agree to indemnify and compensate the Bank for any damages, loss, expense or liability incurred by the Bank as a result of any breach by you of this Agreement.|
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|8.1||The Bank shall be entitled to impose separate fees and charges for the Mobile Banking-Service, which may be varied from time to time by notice to you.|
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|9.1||Notwithstanding anything herein to the contrary, the Bank may at any time, in its absolute discretion suspend or terminate your right of access to any of the Mobile Banking Services without notice for any reason whatsoever and without any obligation to give any reasons:|
|9.1.1||The Bank will automatically terminate your right of access to the Mobile Banking Services should you cease to maintain any Account with the Bank which can be accessed via the Mobile Banking Services or should your access to such Account be restricted by the Bank or any other party for any reason;|
|9.1.2||You may terminate the Mobile Banking Services by giving prior written notice to the Bank. The Mobile Banking Services will be cancelled within seven (7) days from the date of the Bank's receipt of the notice of termination and you agree that the Bank shall not be obliged to effect any of your Instruction received on any day falling after the receipt of your notice of termination. The Bank reserves the right to terminate the Mobile Banking Services for any reasons whatsoever, provided the Bank gives you fourteen (14) days prior written notice.;|
|9.1.3||You acknowledge that termination will not affect your liability or obligations in respect of Instruction processed by the Bank on your behalf.|
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|10.1||You agree that all Instructions transmitted by your Mobile Phone or otherwise issued by you, though in electronic form:|
|10.1.1||are written documents, and you agree not to dispute or challenge the validity or enforceability of any Instruction on the grounds that it is not a written document and you hereby waive any such right you may have at law;|
|10.1.2||are original documents and you agree not to challenge the admissibility of any Instruction on the grounds that it is made in electronic form; and|
|10.2||You acknowledge and agree that the Bank's records and any records of your Instructions made or performed, processed or effected through the Mobile Banking-Service by you or any person purporting to be you, or any record of transactions relating to the Mobile Banking-Service and any record of any transactions maintained or by any relevant person authorised by the Bank relating to or connected with the Mobile Banking-Service, whether stored in electronic or printed form, shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of the Instruction and transactions and your liability to the Bank. You hereby agree that all such records are admissible in evidence and that you 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 your rights (if any) to so object.|
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|11.1||No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below).|
|11.2||For purposes of this Agreement, a "Force Majeure Event" is an event which is beyond the reasonable control of a party and shall include acts of God, government, civil or military authority, civil or labour disturbance, strikes, criminal or terrorist activity, wars, fires, explosions, earthquake, subsidence, storms, floods, disease, epidemic, or health quarantines.|
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|12.1||This Agreement is personal to you, and you shall not be entitled to assign, charge or otherwise deal with this Agreement in any way.|
|12.2||The Bank may at any time delegate or sub-contract any rights or obligations under this Agreement to any third party, and appoint third party agents or sub-contractors to provide the whole or part of the Mobile Banking-Service.|
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|If any provision of this Agreement is agreed by the Bank and you to be illegal, void or unenforceable under any law that is applicable or if any court of competent jurisdiction in a final decision so determines, this Agreement shall continue in force save that such provision shall be deemed to be deleted with effect from the date of such agreement or decision or such earlier date as you and the Bank may agree.|
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