Online Banking Activation / Retrieve Login ID / Reset Password
1A. Definitions
"Access Device" means
any computerised electronic device which allows the Customer to
access and use the OCBC Internet Banking Service, including without
limitation the personal computers, notebooks, laptops, personal
digital assistants or GPRS or 3G or EDGE enabled mobile phones.
"ATM" means Automated
Teller Machine.
"Business Day" means a
day (other than Saturdays, Sundays and public holidays) on which
OCBC is open for business in Kuala Lumpur, Malaysia.
"Card" means any payment
instrument issued by OCBC to a Customer and includes :
ATM Card
which may be used to withdraw cash or for other transactions at any
ATM or Terminal or otherwise, subject to the applicable terms and
conditions;
Debit Card which may be used as an ATM Card or to pay for goods and services
at any participating merchants by directly debiting money in the
Customer’s account, subject to the applicable terms and conditions;
Credit Card comes with unsecured credit facility which may be used to pay for
goods and services at any participating merchants provided all
amounts incurred are fully settled by specified date otherwise
finance charge is payable, or the Credit Card may be used to obtain
cash advance at an interest, subject to the applicable terms and
conditions,
or any combo card with combined features, access card, and any
credit token whether such card or token be in the form of plastic
card or eprom card or chip-in-card or optical memory card or any
other type of card or token.
"Computer System" and "system"
means any computer hardware or software or any equipment operated or
process conducted wholly or partially by electronic means and
includes information technology systems telecommunications systems
automated systems and operations.
"Customer" means a
customer of OCBC who has opened and maintains one or more accounts
with OCBC, including a customer who has been accepted by OCBC to
access and use the OCBC Internet Banking Service.
"Instructions" means any
instructions communications commands directions to OCBC, in
electronic or such other form approved by OCBC, pertaining to the
Customer's specified account(s) and/or relating to the transactions
and/or services available via the OCBC Internet Banking Service
which Instructions are initiated and issued through the use of the
Customer's Login ID, Login Password and Security Code delivered to
the Customer’s Security Token or Mobile Phone, whether authorised or
unauthorised by the Customer. For
the purpose of construing the clauses of these Terms and Conditions
which refer to the liabilities and/or responsibilities of OCBC
and/or the Customer, Instructions shall also be taken to mean the
transactions and/or services the Instructions were issued in
relation to.
"Internet" means the
ubiquitous global network of computers, telecommunications and
software which facilitates communication, electronic or otherwise,
between person(s) and machines.
"Internet Service Provider"
means any Internet access provider (ISP) and/or any other parties
that provide Internet access to the Customer.
"Mobile Phone" means the
mobile phone used by the Customer to receive the Security Code via
SMS. The mobile phone number must first have been registered with
OCBC.
"OCBC" means OCBC Bank
(Malaysia) Berhad or OCBC Al-Amin Bank Berhad (as the case may be)
and shall include their respective successors and assigns.
"OCBC group" means OCBC
and its subsidiaries and associated companies.
"OCBC Internet Banking
Service" includes without limitation the OCBC mobile Internet
Banking Service, which facilitates a Customer’s access to the
“Services” defined below over the Internet by electronic means via
the use of Access Device.
"OCBC Internet User ID"
or "Login ID" means the
unique name made up of a string of characters chosen by the Customer
which must be keyed in by the Customer in order for the OCBC
Internet Banking Service system to associate the Login ID with the
Customer's profile and accounts, assigned to and to be used by the
Customer for access to the OCBC Internet Banking Service.
"OCBC Internet Password"
or "Login Password" means
the unique string of characters chosen by the Customer which must be
keyed in by the Customer in order for OCBC Internet Banking Service
system to authenticate the Customer's Login ID and grant the
Customer access to the OCBC Internet Banking Service.
"OCBC website" and “OCBC
mobile website” refers to the OCBC’s website from which the
Customer may access and use the OCBC Internet Banking Service.
"Phonebank Code" means
the code assigned to and to be used by the Customer for access to
OCBC PhoneBank.
“PIN” means the
Customer’s personal identification number for use with the
applicable Card(s) or Services.
"Relevant Person" means
any bank, service providers, internet service providers, digital
certificate authority, certification authority, electronic,
computer, telecommunications financial or card institution involved
in the OCBC Internet Banking Service from time to time and any
person using (whether or not authorised) the OCBC Internet Banking
Service.
"Security Code" means
one-time password generated by OCBC’s Computer System and delivered
to either the Security Token or the Mobile Phone by way of short
message service ("SMS") or in such other manner as may be designated
by OCBC at it sole and absolute discretion at any time and from time
to time.
"Security Token" means
the hardware device designated by OCBC to be used to receive
Security Code, which the Customer shall keep safe and secure at all
times.
"Services" means and
includes the transactions and services listed in Clause 6.1 of these
Terms and Conditions and such other additional transactions and
services OCBC may from time to time make available to the Customer
via the OCBC website and/or OCBC mobile website and includes any
operations pertaining to such transactions and services.
"Terminals" means any
electronic machines and/or counter which allows access processing
and functioning of transactions for the Customer's accounts as
maintained with OCBC through the OCBC Internet Banking Service.
"Third Party" means any
persons or parties apart from OCBC, designated by OCBC to provide
and/or process the functioning of the OCBC Internet Banking Service,
whether directly or indirectly, from time to time as deemed
necessary.
"Transactions" means and
includes the transactions listed in Clause 6.1 of these Terms and
Conditions and such other additional transactions OCBC may make
available to the Customer from time to time and includes any
operations pertaining to such transactions.
1B. Interpretation
1B.1 Words importing only the singular number include the plural
number and vice versa and words importing the masculine gender
include the feminine and neuter genders and references to any
genders include any other gender.
1B.2 Words importing a person import also a firm or corporation.
1. Application to Subscribe to the OCBC Internet Banking Service
1.1 OCBC may at its sole and absolute discretion make available to
the Customer the use of the OCBC Internet Banking Service in
connection with the Customer’s OCBC account(s).
1.2 A Customer may apply to OCBC to subscribe for the use of the
OCBC Internet Banking Service, but OCBC reserves the right to reject
or accept such application and is not obliged to respond to any
request for information from unsuccessful applicants.
2. Account Terms and Conditions
2.1 In addition to these Terms and Conditions, the OCBC Accounts
and Services Main Terms and Conditions and the Conditions of Access
to OCBC's website shall also apply and be binding on the Customer
except in the case of conflict between such terms and conditions and
these Terms and Conditions in which event these Terms and Conditions
shall prevail.
3. Acceptance of Terms and Conditions
3.1 The Customer agrees that the Customer's registration to access
and use the OCBC Internet Banking Service shall constitute the
Customer's agreement to and receipt of these Terms and Conditions as
well as the Customer's acknowledgement and acceptance of the
inherent risks in conducting any transaction over the Internet.
4. Equipment, Software and Network Access
4.1 The Customer shall be responsible for obtaining and using the
necessary web browser and/or other software and/or hardware and/or
equipment necessary to obtain access to the Internet and the OCBC
Internet Banking Service at his own risk and expense. If new or
different versions of the web browser and/or other software and/or
hardware and/or equipment necessary for access to the OCBC Internet
Banking Service become available, OCBC reserves the right not to
support any prior version of the web browser or other software or
hardware or equipment. If the Customer fails to upgrade the relevant
software and/or web browser or to use the enhanced version of
software and/or web browser or hardware or equipment as required by
OCBC, OCBC may reject the Customer's transactions, or process the
Customer's transactions incorrectly, or the Customer may not be able
to obtain access to all features and/or services of the OCBC
Internet Banking Service, and OCBC shall not be held liable as a
result thereof.
4.2 The Customer is required to maintain the hardware and software
that meets the minimum specifications stipulated by OCBC from time
to time.
The said minimum specifications may be posted on OCBC's website, ATM
or other electronic terminals or by placing notices at OCBC's
offices and branches or by the posting of advertisements in major
newspapers in Malaysia or any other mode OCBC deems suitable shall
be deemed sufficient notice to the Customer.
4.3 The Customer may only use and gain access to the OCBC Internet
Banking Service through Internet Service Providers (ISP) duly
licensed under the Communications and Multimedia Act 1998 and such
access through the respective ISPs is subject to and governed by the
relevant laws and regulations of Malaysia and the terms and
conditions, if any, agreed upon by the Customer with the ISP.
4.4 The Customer shall be responsible for the safe and secure use
of OCBC Internet Banking Service with
the latest information and shall abide by the security advisory
posted on OCBC website and any other security measures that OCBC may
from time to time communicate to the Customer by other means such as
SMS and e-mail, on the risks and safety or preventive measures in
connection with the use of any web browser, software, hardware or
equipment to access the Internet, which may interfere with or
otherwise compromise the Customer’s use of or access to the OCBC
Internet Banking Service.
4.5 All fees and charges in connection with the access provided by
the ISP and all fees charges expenses and costs incurred by the
Customer in connection with the use of the OCBC Internet Banking
Service shall be borne exclusively by the Customer and OCBC shall
not be liable therefor, notwithstanding any action taken by OCBC,
including termination of the OCBC Internet Banking Service.
5. Gaining Access to the OCBC Internet Banking Service
5.1 The Customer may apply to subscribe to the OCBC Internet
Banking Service through the OCBC website (and any other application
channels made available by OCBC from time to time) in which the
Customer is required to go through a registration process by
entering any of the following access codes relating to OCBC issued
products :-
(a) ATM card number and PIN
(b) Credit Card number and PIN
(c) Debit Card number and PIN
(d) Such other login identification number assigned by OCBC to the
Customer and PIN from time to time
5.2 Upon successful registration and verification by OCBC, and
subsequent to having acknowledged the Customer's reading and
accepting of these Terms and Conditions, the Customer will be
required to follow the on-screen guided steps to create :-
(a) OCBC Internet Login ID (Login ID); and
(b) OCBC Internet Login Password (Login Password).
5.3 Upon the on-screen confirmation by OCBC of the Customer's Login
ID and Login Password, OCBC will require the first time login
Customer to select the means of receiving a Security Code, either by
Security Token or by the Customer’s Mobile Phone which is registered
with OCBC.
5.4 The Customer’s access to the OCBC Internet Banking Service will
be activated upon the correct input of the Customer’s Login ID and
Login Password. It is the sole responsibility of the Customer:
(a) to apply for the Security Token or a replacement if a Security
Token has previously been issued but is subsequently lost or has
failed to function as intended; or
(b) to register the correct Mobile Phone number with OCBC if he
selects to receive the Security Code via Mobile Phone and to keep
OCBC immediately updated by notice given to OCBC Contact Centre of
all changes to the Mobile Phone number and all instances where the
Mobile Phone is or is believed to be lost or stolen or disabled or
not functioning or intercepted.
5.5 Registration to subscribe to the OCBC mobile banking is to be
effected in such manner as OCBC may prescribe from time to time.
5.6 Thereafter, to access the OCBC Internet Banking Service, the
Customer will be required to key in the Customer's Login ID and
Login Password each time the Customer logs on.
For security purpose, OCBC
may, at its sole and absolute discretion, require the Customer to
key in the Security Code to perform selected transactions.
The Customer may perform the
transactions and/or use the services available under the OCBC
Internet Banking Service or such other transactions and services
made available by OCBC from time to time under the OCBC Internet
Banking Service only if such Login ID, Login Password and Security
Code is and remains valid. OCBC may at any time in its sole and
absolute discretion invalidate the Login ID, Login Password and
Security Code without assigning any reason therefor with prior
notice and shall not be liable or responsible for any loss or damage
suffered by or caused to the Customer or arising out of or connected
or by reason of such invalidation.
5.7 Where the registration to the OCBC Internet Banking Service is
made and has been accepted by OCBC, all the Customer’s OCBC accounts
will be automatically linked to the OCBC Internet Banking Service
and will be accessible via the OCBC Internet Banking Service without
the requirement on the part of the Customer to specify the said
accounts.
5.8 Joint accountholders may apply for the OCBC Internet Banking
Service provided that :
(a) if the joint account may be
operated singly i.e. any one of the joint accountholders may singly
withdraw or transfer money from the joint account, then upon
acceptance by OCBC to use OCBC Internet Banking, each joint
accountholder may use the Services set out in clause 6.1 below;
(b) if the joint account may
only be operated jointly i.e. 2 or more joint accountholders must
consent before any money may be withdrawn or transferred from the
joint account, then upon acceptance by OCBC to use OCBC Internet
Banking, the joint accountholders may only access and view the OCBC
joint account information through OCBC Internet Banking but may not
perform transactions under the Services set out in clauses 6.1(a) to
(c) below;
(c) in all cases, each joint
account holder shall be jointly and severally liable to OCBC for any
transactions and services effected or performed or processed through
the OCBC Internet Banking Service based on the Instructions of any
of the joint account holders.
5.9 When the account has two or more account holders, OCBC shall be
entitled to allow the creation of a separate Login ID and Login
Password and also require application for separate Security Token or
registration of the separate Mobile Phone number for transmission of
the Security Code for each of the joint account holders who have
subscribed for the OCBC Internet Banking Service subject always to
the restrictions in Clause 7.5 and such other restrictions as may be
imposed by OCBC from time to time.
6. OCBC Internet Banking Service
6.1 Upon the activation of the OCBC Internet Banking Service, the
Customer will be able to access his OCBC account information and
transmit Instructions to OCBC to:
(a) pay to any of the billing organizations made available by OCBC
from time to time;
(b) transfer funds; and
(c) apply for certain OCBC products and services as may be made
available by OCBC from time to time
(collectively referred to as the “Services” as defined in Clause 1A above) as and when made available
to the Customer. The
Services available on the OCBC internet website and the OCBC mobile
website may differ.
6.2 All Services (whether available currently or at any time, from
time to time) are subject to these Terms and Conditions and:
(a) other terms and conditions imposed by OCBC, such as the
Accounts and Services Main Terms and Conditions and such other
specific terms and conditions for the respective Transactions and
Services; and
(b) third parties’ terms and conditions for Transactions or
Services involving third parties, such as bill payment and fund
transfer which are also processed by payment systems owned and
operated by third parties.
6.3 Notwithstanding anything contained in Clause 6.1 OCBC may at
its sole and absolute discretion, at any time by giving prior notice
add, remove, withdraw, terminate, suspend, replace, expand restrict
or otherwise modify the type and features of any of the Services and
Transactions and OCBC shall not be liable or responsible for any
loss or damage suffered by or caused to the Customer or arising out
of or connected or by reason of such addition, removal, withdrawal,
termination, suspension, replacement, expansion, restriction or
otherwise modification.
6.4 Subject always to OCBC's right of set-off as herein referred,
OCBC is not obliged to effect or perform or process any Instructions
transmitted by the Customer if the Customer has not maintained
sufficient funds in the Customer's account(s) specified by the
Customer at the time the Instruction is transmitted. The Customer
shall ensure that there are sufficient funds in the specified
Customer's account(s) with OCBC, prior to transmitting an
Instruction. OCBC's right of set-off as herein reserved may be
exercised by OCBC and any Instructions given by the Customer may be
effected or performed or processed through the OCBC Internet Banking
Service in such order as OCBC deems fit.
6.5 As provided in clause 5.8 above, transfer of funds or bill
payments or other payments shall not be performed in respect of any
account(s) maintained by the Customer with OCBC if such account(s)
can only be operated with two or more signatories.
6.6 When initiating an Instruction to pay bill or transfer fund,
the Customer shall be solely and fully responsible to key in the
correct account number intended to receive the payment or fund with
the correct billing organization or receiving bank.
The bill payment and fund transfer will be routed to the
account number keyed in by the Customer.
Any other information keyed in by the Customer, such as the
name of the accountholder intended to receive the payment or fund,
is for the Customer’s own reference only and will not be used to
verify or authenticate the identity of the accountholder receiving
the payment or fund. The
billing organization or receiving bank may reject the payment or
fund if the account number keyed in by the Customer is not
recognized or cannot be found, or for other reasons beyond OCBC’s
control. OCBC shall not be
made liable in any way whatsoever, for any mistake in the
Instruction resulting in any delay or the non-payment of any bill or
failure to transfer any fund, or for any non-acceptance or rejection
by any billing organization or receiving bank, or for any failure,
delay or error by any billing organization or receiving bank in
crediting the account of the payee, or for any loss or damage
suffered or likely to be suffered by any party.
6.7 OCBC reserves the right at any time to set, vary or cancel
limits for any transactions, services, facilities and products that
may be carried out through the use of the OCBC Internet Banking
Service, whether in monetary or numerical terms or otherwise, and to
vary their frequencies and availability periods.
6.8 OCBC is not obliged to effect or perform or process any
Instructions transmitted by the Customer if the Customer has
exceeded the daily limits set by OCBC for any transaction.
The daily limits may be
revised from time to time by OCBC at its sole absolute discretion.
OCBC shall not be liable or responsible for any loss or
damage suffered by or caused to the Customer or arising out of or
connected or by reason of such incident.
6.9 Any Instruction received by OCBC after the relevant cut-off
time on any day will be entered, shown or recorded in the books and
records of OCBC on or for the next Business Day following the date
of the said Instruction.
7. Instructions
7.1 Except as otherwise provided in these Terms and Conditions,
OCBC shall be entitled to rely and act on any Instructions received
by OCBC and OCBC shall not be liable for any loss to the Customer by
so doing. Upon any
Instruction of the Customer in respect of a banking transaction
and/or service being effected or performed or processed through the
OCBC Internet Banking Service, OCBC shall be entitled to debit
forthwith the Customer's account immediately and shall not be
responsible for any missing and/or misuse and/or mismanagement of
funds not attributable to OCBC's gross negligence and wilful
default. The Customer shall ensure that all Instructions transmitted
by the Customer are complete, correct and accurate.
The Customer acknowledges that unless the Customer receives
an on-screen confirmation of receipt of the Customer's Instruction
from OCBC, the Customer's Instruction may not have been received and
accordingly, may not be carried out.
7.2 Notwithstanding the receipt of on-screen confirmation from OCBC
pursuant to Clause 7.1 above and without prejudice to OCBC's right
to act on the Customer's Instructions alone, the Customer
acknowledges and agrees that such Instructions may not be final and
accordingly may not be carried out by OCBC and that OCBC may at its
sole discretion request for further verification and/or information
prior to carrying out such Instructions although no liability nor
responsibility shall accrue to OCBC for its failure to request for
such further verification and/or information.
7.3 In carrying out any of the Customer's Instructions, the
Customer acknowledges and agrees that the execution of the same may
amongst others, be subject to the then current system and
operational exigencies of OCBC and/or the OCBC Internet Banking
Service and any other prevailing circumstances and as such OCBC
shall be allowed such amount of time as may be reasonable to act
upon and effect or perform or process the said Instructions and OCBC
shall not be liable or responsible for any loss or damage suffered
by or caused to the Customer or arising out of or connected or by
reason of such delay.
7.4 Where OCBC receives an incomplete or ambiguous Instruction, or
an Instruction which is inconsistent with any other Instruction(s),
the Customer acknowledges and agrees that OCBC shall be entitled to
act upon such Instruction based on OCBC's or any of its officers
reasonable interpretation of such Instruction or otherwise shall be
entitled to refuse to act until further information or a fresh
Instruction is given by the Customer. OCBC shall not in any way be
liable for carrying out and effecting or performing or processing an
Instruction based on its reasonable interpretation of the same nor
for refusing to carry out such Instruction.
7.5 In respect of a joint account, the Customer acknowledges and
agrees that any Instruction from one joint account holder will be
deemed as a genuine and regular Instruction pertaining to that joint
account and that OCBC shall be entitled to act upon and effect or
perform or process such Instruction without any liability whatsoever
to the other joint account holder(s). Without prejudice to the
foregoing however, where OCBC receives contradictory or inconsistent
Instructions from one joint account holder prior to effecting or
performing or processing an Instruction from one of the other joint
account holders, OCBC shall be entitled to refuse to act on either
of the Instructions until OCBC receives a mandate of all the joint
account holders giving fresh instructions in relation to the said
joint account. OCBC shall not in any way be liable or responsible
for its failure to act upon and effect or perform or process any
such Instructions nor for any loss or damage arising from the
failure of the joint account holders to issue fresh Instructions in
relation to the joint account.
7.6 OCBC's records of the Instructions, transactions and/or
services effected or performed or processed through the OCBC
Internet Banking Service with or without the Customer's consent and
any record of transactions relating to the operation of the OCBC
Internet Banking Service and any record of any transactions
maintained by OCBC or any Relevant Person authorised by OCBC or any
Relevant Person relating to or connected with the OCBC Internet
Banking Service, where such records may take the form of, amongst
others, telephone logs, computer printouts, computer data stored on
magnetic tapes, cartridges or any other form of data storage, shall
be binding and conclusive on the Customer for all purposes
whatsoever and shall be conclusive evidence of any banking
transaction and/or service effected or performed or processed
through the OCBC Internet Banking Service and the Customer's
liability to OCBC.
7.7 An Instruction in relation to the Customer's account(s) shall
be irrevocable and binding on the Customer upon transmission of the
Instruction to OCBC. For the avoidance of doubt, the Customer agrees
that any Instruction received by OCBC through the use of the
Customer's Login ID, Login Password and Security Code (where
applicable), whether authorised or otherwise, shall be deemed to be
that of the Customer. Without prejudice to the same however, the
Customer shall have the right to request the cancellation,
revocation, reversal or amendment of any previous Instructions
transmitted to OCBC. OCBC may, in its absolute discretion, act on
any such request to cancel, revoke, reverse or amend any previous
Instructions or any other instructions received before the same is
effected or performed or processed through the OCBC Internet Banking
Service.
7.8 OCBC reserves the right at its sole discretion, to refuse to
effect or perform or process or otherwise carry out any of the
Customer's Instructions where the Customer's Instructions are
inconsistent with OCBC's policies or any rules or regulations
currently in force or for any other reasons.
7.9 Notwithstanding anything herein, the Customer acknowledges and
agrees that OCBC shall not be held responsible or liable for any
Instructions relating to transactions and/or services being effected
or performed or processed through the OCBC Internet Banking Service
or any failure to effect or perform or process any Instructions
where:-
(a) The Instructions transmitted are inaccurate or incomplete in
any way;
(b) There in an error in the Instructions transmitted whether
caused during the course of transmission through OCBC's Internet
Banking Service or otherwise;
(c) The Customer's account in relation to which the Instruction is
transmitted is made subject of any legal process or restriction or
is otherwise suspended, closed or frozen for any reason;
(d) OCBC is aware or has reason to believe that fraud or some
criminal act has been, is being or is about to be committed; and
(e) The Customer fails to follow any instructions, directions,
guidelines or procedures in respect of the use of the OCBC Internet
Banking Service or any portion thereof.
7.10 Where an account of the Customer is closed for any reason, any
Instructions which have not been effected or performed or processed
relating to that account will be cancelled on the day the said
account is closed and the Customer acknowledges and agrees that OCBC
shall not in any way be liable for the failure to effect or perform
or process any such Instructions.
8. Service Availability
8.1 The OCBC Internet Banking Service is intended to be available 7
days a week, 24 hours a day. However, the Customer acknowledges that
at certain times some or all of the OCBC Internet Banking Service
may not be accessible due to system maintenance or reasons beyond
the control of OCBC. Notwithstanding the above, the Customer
acknowledges that OCBC specifically does not warrant that the OCBC
Internet Banking Service will be available at all times.
8.2 In the event some or all of the OCBC Internet Banking Service
are not accessible for whatever reason, the Customer agrees to use
alternative means, including but not limited to OCBC's PhoneBank,
ATMs or OCBC's branches, to issue Instructions in respect of the
Customer's account(s).
8.3 OCBC may from time to time upgrade, modify, suspend or alter
part or the whole of the OCBC website and shall not be liable if any
such upgrade, modification, suspension or alteration to OCBC's
website prevents the Customer from accessing the OCBC Internet
Banking Service or any part or feature thereof.
9. Account Information
9.1 The Customer acknowledges that any information pertaining to
the Customer's account(s) as reported through the OCBC Internet
Banking Service may not always be completely up to date as there may
be Instructions and/or transactions which, without limiting to the
generality of the foregoing, have only been provisionally credited
as uncleared effects (which may be altered or reversed by OCBC if
not cleared), have yet to be processed by OCBC, require verification
of OCBC or are in progress. The Customer specifically agrees that
the account balance as reported through the OCBC Internet Banking
Service shall not for any purpose whatsoever be taken as conclusive
of the Customer's account balance with OCBC.
9.2 The Customer may produce a print-out of transactions and/or
statements from his own Access Device. The Customer acknowledges
that such print-out does not constitute a transaction advice from
OCBC and shall not be binding on OCBC.
9.3 For statement-based accounts, a statement shall be rendered
once a month or at such other intervals as may be determined by
OCBC.
9.4 OCBC may send a statement of account for each of the accounts
or send a combined statement for all the accounts and the
combination of the types of accounts in the statement is subject to
change.
9.5 OCBC’s records of the transactions for the account shall be
final and conclusive and binding on the Customer for all purposes in
the absence of manifest error. Transactions which have not been
verified by OCBC will not appear in the statement and shall not be
conclusive of the state of the account.
9.6 The Customer shall verify all entries in statements or records
issued by OCBC and notify OCBC in the manner provided in Clause 22
below of any errors or discrepancies in the statement or record
within 14 days (or such other period as may be determined by OCBC)
from date of the statement or record.
If OCBC does not receive any notification within the
stipulated time, the entries in the statement or record shall be
deemed to be correct, binding, final and conclusive.
9.7 All notices of errors or discrepancies received by OCBC will be
investigated in accordance with Clause 25 below.
Upon conclusion of the investigation, OCBC may at its
absolute discretion make the necessary adjustments and
rectifications if any. Any money due to or from the Customer will be
credited or debited from the relevant account(s) and reflected in
the following month’s statement or record.
10. Bill Payment
10.1 OCBC may at any time and from time to time by giving prior
notice, add to, withdraw from or otherwise amend and modify the list
of billing organisations to which bill payment may be made, without
assigning any reason.
The Customer agrees that OCBC shall not be liable for any loss or
damage which the Customer may suffer as a result of OCBC's actions.
10.2 The Customer acknowledges and agrees to adhere to any
requirements relating to the procedures for settling any bills with
the relevant billing organisations. OCBC shall not in any way be
responsible for the Customer's failure to follow any such
requirements and terms as may be specified by the relevant billing
organisations.
10.3 The Customer shall inform OCBC, in such form and mode as may
be instructed by OCBC from time to time, of any changes to the
Customer's account(s) and particulars as may be registered with the
relevant billing organisations prior to issuing any payment
instructions to OCBC. The payment instruction for the bill payments
shall remain effective notwithstanding the Customer’s death or
bankruptcy or termination of the arrangement between the Customer
and the billing organisations or beneficiary of the bill payments
(“Payment Termination”) until actual written notice is received by
the Bank of the Customer’s death or bankruptcy or Payment
Termination.
10.4 OCBC may from time to time provide services to allow Customer
to effect Instructions to OCBC to make online bill payment via
web-sites controlled by some third party who offers bill payment
services for selected billing organisations. The Customer
acknowledges and agrees that under no circumstances shall it be
construed that OCBC is a party to the services offered by the third
party in their websites. Accordingly, OCBC shall not be liable in
any way for any products, services, software and/or content
obtained, and/or purchased from or rendered by such third
party/parties or be responsible for any failure to deliver such
products, services, content and/or software, customer enquiries,
technical support, maintenance services and/or any other obligations
or services relating to or in respect of such products, services,
software and/or content, which shall be the sole responsibility of
the relevant third party. The Customer further acknowledges that the
access, use and/or purchase of such products, services, software
and/or content with the third party may be subject to additional
terms and conditions prescribed by the relevant third party, and
hereby agrees to comply with and observe all such terms and
conditions and where required by such third party, to execute any
document containing such terms and conditions.
10.5 Without prejudice to the above, the Customer acknowledges and
agrees that it is the Customer’s responsibility to verify the
correctness of the bill payment transaction details in the
statements of the relevant billing organizations issued to the
Customer.
10.6 In the event the Customer disputes against any discrepancy,
omissions or errors found in the statements issued by the billing
organizations, the Customer shall resolve his/her dispute directly
with the relevant billing organizations. The Customer shall not
under any circumstances, or in the event of any such dispute
howsoever arising withhold any payment due and owing to OCBC of
whatever amount that had been debited from the Customer’s account(s)
for the payment of the bills made to relevant billing organizations
and such amount debited shall be conclusively deemed to have been
incurred by the Customer. The Customer further acknowledges and
agrees that OCBC shall not be liable for any damages or losses
suffered due to any act, omission, defect or deficiency in the bills
payment transactions.
11. Fund Transfer
11.1 The transfer of funds from the specified account(s) of the
Customer maintained with OCBC to any account including third party
accounts with OCBC or any other bank as specified by the Customer is
subject to such limits and conditions as may be fixed or specified
by OCBC in its absolute discretion or by such other relevant
authority, from time to time.
11.2 The Customer may also, for security reasons, specify maximum
limits for any transfer of funds to OCBC in such form as may be
specified by OCBC from time to time.
12. Confidentiality & Responsibility For Login ID, Login Password,
Security Code, Security Token and Mobile Phone
12.1 The Customer shall not at any time disclose the Customer's
Login ID and/or Login Password and/or Security Code to any person
(including any employee of OCBC) or permit the Security Token or
Mobile Phone to come into the possession or control of any other
person.
12.2 The Login ID, Login Password Security Code and, where
relevant, the Security Token, shall only be used by the Customer who
has successfully created the Login ID and Login Password via the
OCBC Internet Banking Service registration process and who has
either obtained or received the Security Token from OCBC or
registered his Mobile Phone with OCBC to receive the Security Code.
12.3 The Customer shall notify OCBC immediately upon receipt of any
data and/or information through the OCBC Internet Banking Service
which is not intended for the Customer. The Customer agrees that all
such data and/or information shall be deleted from the Customer's
Access Device immediately.
12.4 The Customer shall exercise reasonable care to prevent the
disclosure or unauthorised use of the Login ID, Login Password,
Security Code and Security Token/Mobile Phone. OCBC shall not be
responsible or liable for any loss caused to or damage suffered by
the Customer if any person should obtain possession of the Login ID,
Login Password, Security Code and Security Token/Mobile Phone and
issue Instructions in respect of transactions and/or services which
are effected or performed or processed through the OCBC Internet
Banking Service or in any other way obtain payment of any monies
belonging to the Customer through the use of the said Login ID,
Login Password, Security Code and Security Token/Mobile Phone.
12.5 Notwithstanding anything herein to the contrary, as soon as
the Customer becomes aware of or has any reason to believe that the
Customer's Login ID, Login Password, Security Code or Security
Token/Mobile Phone have been misused and/or compromised by their
disclosure, discovery or theft by any other party, the Customer
shall immediately inform OCBC in the manner provided in Clause 22
below.
12.6 The Customer shall be liable for any loss or damage arising
from any Instructions relating to transactions and/or services being
effected or performed or processed through the OCBC Internet Banking
Service unless the Customer fulfills all of the following :
(a)
he has not acted fraudulently;
and
(b)
he has not disclosed his Login ID, Login Password and Security Code
to any other person or via unsolicited e-mails or on any website
other than OCBC’s official website;
and
(c)
he has taken reasonable steps to keep his Security Token or Mobile
Phone, as the case may be, secure at all times;
and
(d)
he has immediately notified OCBC in the manner provided in Clause
22 below as soon as the Customer becomes aware of or has any reason
to believe that the Customer’s Login ID, Login Password, Security
Code or Security Token/Mobile Phone have been misused and/or
compromised; and
(e)
he has furnished OCBC all information requested by OCBC and
provided his full co-operation to OCBC including working with the
relevant authorities;
and
(f)
he complies with all the procedures, requirements, restrictions,
instructions or any additional conditions from OCBC pertaining to
the access and use of the OCBC Internet Banking Service.
In discharging the duty of care for the above matters, the Customer
shall abide by the security advisory and any other security measures
that OCBC may from time to time communicate to the Customer referred
to in clause 4.4 above, failing which the Customer shall be liable
for the loss and damage.
12.7 The Customer acknowledges and agrees that OCBC may, at its
sole right and discretion, suspend the Customer's access to the OCBC
Internet Banking Service until a new Login ID, Login Password and
Security Token is selected and/or issued by OCBC or Mobile Phone
number has been registered with OCBC or otherwise until such time as
may be specified by OCBC at its sole discretion.
13. Disclosure
13.1 Subject to the Customer’s express instruction (if any)
restricting disclosure,
the Customer’s
personal data, account details and relationship with OCBC (“Information”)
will be disclosed to persons or bodies to whom OCBC is legally
required or permitted by law to disclose or is approved in writing
by Bank Negara Malaysia to disclose or is now or hereafter permitted
in writing by the Customer to disclose.
13.2
Without limiting clause 13.1, the Customer expressly consents to the
disclosure of the Information to the parties and for the purposes
set out in the table below:
13.3 The Customer irrevocably consents to and authorises OCBC to
conduct credit checks and verify information given by the Customer
to OCBC, with any party (including without limitation with any
credit bureau, organisation or corporation set up for the purposes
of collecting and providing credit or other information).
13.4 The Customer grants consent to the relevant credit reporting
agency(ies) (as defined under the Credit Reporting Agencies Act,
2010) (“CRAs”) with whom OCBC conducts credit checks to disclose the
Customer’s credit report/information to OCBC for the purpose of
applying for OCBC Internet Banking Services or any other OCBC
products and services and for its risk management and review. OCBC
is hereby authorised but is under no obligation to convey the
Customer’s consent and the purpose of such disclosure to the
relevant credit reporting agency(ies).
13.5 The Customer, if a company or statutory body or unincorporated
entity, warrants and represents to OCBC that (i) it had obtained
consent from its directors, relevant managers, officers, office
bearers, partners and shareholders to disclose their personal data
to OCBC in connection with its application for OCBC Internet Banking
Services or any other OCBC products and services; (ii) informed them
that OCBC may collect or verify their personal data with third party
sources such as credit reporting agencies, Companies Commission or
Insolvency Department and have obtained their consent for the
relevant CRAs to disclose their credit report/information to OCBC
for the purpose of applying for OCBC Internet Banking Services or
another other OCBC products and services and for its risk management
and review; (iii) that OCBC may disclose their personal data to
classes of third parties described in OCBC’s Privacy Policy; (iv)
that the Customer had informed them to read OCBC’s Privacy Policy
posted in OCBC’s website.
13.6 The Customer, if an individual acknowledges having read OCBC’s
Privacy Policy posted at OCBC’s website which notified him that (i)
OCBC may collect his personal data directly from him or from third
party sources; (ii) purpose for which his personal data is
collected; (iii) his right to access his personal data and correct
it; (iv) the class of third parties to whom OCBC may disclose his
personal data; (v) the choices and means for limiting the processing
of his personal data; (vi) whether the personal data requested is
obligatory or voluntary, and if obligatory, the consequences for not
providing such data; (vii) that he may update his personal data as
soon as there are changes; and (viii) OCBC’s contact details if he
wishes to make inquiries or give feedback.
13.7 While OCBC will use its best endeavours to ensure that all
information transmitted using the OCBC Internet Banking Service is
secure and cannot be accessed by unauthorised third parties, OCBC
does not warrant the security of any information transmitted by the
Customer using the OCBC Internet Banking Service. Accordingly, the
Customer accepts the risk that any information transmitted or
received using the OCBC Internet Banking Service may be accessed by
unauthorised third parties and will not hold OCBC liable for any
such access or any loss or damage suffered as a result thereof.
13.8 The Customer agrees that with the exception of disclosures
which are due to the fraud or gross negligence of OCBC or any of its
officers and officials, neither OCBC nor any of their officers and
officials shall be liable for any loss or damage suffered by the
Customer as a result of their disclosing, divulging or revealing of
any information concerning the Customer or the Customer's account(s)
with OCBC by OCBC and/or its officers or officials and they shall be
deemed to be authorised to make such disclosures.
14. Liability & Indemnity
14.1 OCBC shall not be responsible or liable for any loss, damage
or embarrassment incurred or suffered by the Customer in relation to
or in respect of any Instructions, relating to transactions and/or
services which are effected or performed or processed through the
OCBC Internet Banking Service howsoever caused including but not
limited to the Customer's non-compliance with the OCBC Internet
Banking Service instructions and OCBC's inability to provide
services as a result of malfunction partial or total failure of any
data processing system, security system, computer tele-transmission
or telecommunications system or other circumstances beyond the
control of OCBC or any bank financial institution or any person or
any organisation involved in the above mentioned systems.
14.2 OCBC will make all reasonable efforts to ensure that the
Security Token provided to the Customer will perform as necessary to
permit access to the OCBC Internet Banking Service as and when
required. The Customer must immediately notify OCBC in the manner
provided in Clause 22 below if the Customer loses the Security Token
or if the Security Token fails to function correctly and the only
obligation that OCBC has in respect of the Security Token is to
replace the same with a new Security Token.
When the Bank is required to
replace the Security Token due to loss, damage (except if the
Security Token is damaged upon arrival) or battery replacement (if
the Security Token has been issued for more than one year), OCBC
will impose a replacement charge which may be posted on OCBC's
website, ATM or other electronic terminals or by placing notices at
OCBC's offices and branches or by the posting of advertisements in
major newspapers in Malaysia or any other mode OCBC deems suitable
shall be deemed sufficient notice to the Customer, which the
Customer hereby authorizes OCBC to debit the Customer’s account.
Other than as specified herein, OCBC shall have no other liability
in relation to this Security Token including, without limitation,
liability for breach of any implied term as to satisfactory quality,
merchantability or fitness for purpose of any Security Token. In
addition, OCBC shall not be liable for any loss or damages incurred
or suffered by the Customer arising from the Customer’s failure to
safe-keep and/or use the Security Token in accordance with OCBC’s
instructions and recommendations.
14.3 OCBC is entitled at its sole and absolute discretion at any
time from time to time to cancel without notice the use, or require
the replacement or modification, of the Security Token or Mobile
Phone or any other device designated by OCBC for use for the
generation or reception of Security Codes without giving any reason
therefore and OCBC shall not be liable to the Customer for any loss
or damage as a result thereof.
14.4 Without prejudice to the generality of 14.1, OCBC shall not be
responsible or liable for any loss, damage or embarrassment suffered
by the Customer by reason of or arising from but not limited to:
(a) The Customer not having sufficient funds in the relevant
account to make any payment or transfers.
(b) Inability of the Customer to perform any transaction due to
limits set by OCBC from time to time or due to the OCBC Internet
Banking Service or any portion thereof not being available or
functioning.
(c) Any loss or damage caused by equipment, Internet browser
providers or by the Internet Service Providers or their agents or
sub-contractors.
(d) Any intrusion or attack by virus, Trojan horse, worm, bot
and/or macro or other harmful components on the Customer's web
browser and/or Access Device or OCBC's or the Internet Service
Provider's Computer System.
(e) Any breakdown or malfunction of any equipment, system or
software used in connection with Internet Banking, whether belonging
to OCBC or not including but not limited to any electronic terminal,
server or system, telecommunication device, connection, electricity,
power supply, telecommunication or other communications network or
system or any part of the electronic fund transfer system,
including, without limitation, any interruption, interception,
suspension, delay or failure to generate Security Code using the
Security Token/Mobile Phone unless the breakdown or
malfunction is attributable to OCBC’s negligence.
(f) Lack of information or failure by the Customer to provide
clear necessary and complete information for effecting or performing
or processing the Instructions relating to payment or transfers or
transactions and/or services.
(g) Any destruction or alteration of Customer's Instructions or any
other instructions, data or information transmitted by the Customer,
which is not attributable to OCBC’s negligence.
(h) Any unauthentic, inaccurate, incomplete, out-of-date and
erroneous transmission of the Customer's Instructions which is not
attributable to OCBC’s negligence.
(i) Any failure by the Customer to abide by these Terms and
Conditions and the latest or current instructions, procedures and
directions for using the OCBC Internet Banking Service and/or any
refusal by OCBC to act as a result thereof.
(j)
The Customer's Access Device or hardware or the Mobile Phone
is not functioning optimally or malfunctioning.
(k) The Customer not furnishing timely and accurate information in
relation with or in connection with the Instructions relating to
transactions and/or services which are effected or performed or
processed through the OCBC Internet Banking Service.
(l) Any delays, failures, omissions, interference with or
impediment, interruption or disruption of business or operations
caused by but not limited to force majeure, act of God, war, warlike
hostilities, riots, blockades, strike, embargoes, or machine or
equipment failure (including without limitation to the Security
Token/Mobile Phone), or suspension of operation of the OCBC Internet
Banking Service (including without limitation to the generating of
the Security Code) and circumstances beyond the control of OCBC.
14.5 In the event that the Customer's Login ID and/or Login
Password and/or Security
Code and/or Security Token/Mobile Phone is/are exposed due to any
unauthorised or other hardware device(s) attached or loaded and/or
software program(s) loaded or installed to/in the Access Device
which is used to access the OCBC Internet Banking Service, OCBC
shall not be responsible or liable for any loss, damage,
embarrassment thereby incurred or suffered (whether directly or
indirectly) by the Customer. It is also not OCBC's responsibility to
prove that any unauthorised or other Instructions, transactions
and/or services is due to the above security breach.
14.6 OCBC shall be under no liability for any damage, loss or
expense, or for any obligation to pay or reimburse interest to
Customer for unsuccessful crediting of money through the use of the
OCBC Internet Banking Service.
14.7 The Customer acknowledges and agrees that some content,
software, products and services available from, accessible through
or provided as part of, ancillary to or in conjunction with the OCBC
Internet Banking Service are or may be provided by third party
service providers or through the use of third party software and/or
content and under no circumstances shall it be construed that OCBC
is a party to any transaction between the Customer and such third
party service providers or that such third party products, services,
software, and/or content are provided by any member of the OCBC
group. Accordingly, no member of OCBC group shall be liable in any
way for any products, services, software and/or content obtained,
and/or purchased from or rendered by such third party/parties or be
responsible for any failure to deliver such products, services,
content and/or software, customer enquiries, technical support,
maintenance services and/or any other obligations or services
relating to or in respect of such products, services, software
and/or content, which shall be the sole responsibility of the
relevant third party. The Customer further acknowledges that the
access, use and/or purchase of such products, services, software
and/or content may be subject to additional terms and conditions
prescribed by the relevant third party, and hereby agrees to comply
with and observe all such terms and conditions and where required by
such third party, to execute any document containing such terms and
conditions.
14.8 The Customer understands that the website for accessing OCBC
Internet Banking Service may contain links to websites controlled or
offered by third parties. OCBC hereby disclaims liability for any
information, materials, products or services posted or offered at
any of these third party websites. OCBC does not endorse or
recommend any products or services offered or information contained
on those websites or information fed by these third parties
(including but not limited to stock quotes and foreign exchange
rates) nor is OCBC liable for any failure of products or services
offered or advertised at any of these third party websites.
14.9 The Customer shall accept that, due to the laws of some
countries, the Customer may not be able to access or use, or may be
prevented by OCBC from accessing or using, the OCBC Internet Banking
Service in those countries as OCBC may determine from time to time
and the Customer will not hold OCBC liable for such inability to
access or use the OCBC Internet Banking Service.
14.10 Subject to the provisions herein, OCBC’s sole and entire
liability to the Customer in contract, tort (including negligence or
breach of statutory duty) or otherwise howsoever arising pursuant to
these Terms and Conditions shall not exceed the amount of the
transaction which gave rise to the claim or the direct damages
sustained, whichever is the lower.
15. Proprietary Rights
15.1 The Customer acknowledges and agrees that all intellectual
property rights in and to OCBC's Computer Systems and the OCBC
Internet Banking Service, including, without limitation to the
OCBC's website and OCBC mobile website, and all contents and any
updates thereof are owned exclusively by OCBC and/or its holding
company, Oversea Chinese Banking Corporation Limited of Singapore or
the relevant third party vendor, affiliate or any other third party,
where applicable.
16. No Warranty
16.1 The information and materials contained in OCBC's website
and/or OCBC mobile website and/or such other websites accessible via
the OCBC Internet Banking Service, including text, graphics, links,
extracts from links or other items - are provided "As is", "As
Available". OCBC does not warrant the accuracy, adequacy or
completeness of this information and materials and expressly
disclaims liability for errors or omissions in such information and
materials. No warranty of any kind, implied, express or statutory,
including but not limited to the warranties of non-infringement of
third party rights, title, merchantability, fitness for a particular
purpose and freedom from computer viruses, is given in conjunction
with the said information and materials.
17. Fees and Charges
17.1 Any goods and services tax or other levies now or hereafter
imposed by law or required to be paid in respect of any monies
payable to or received or receivable by OCBC or any expenses
incurred by OCBC, shall (except to the extent prohibited by law) be
borne and paid by the Customer and OCBC shall be entitled to debit
the same from the Customer's account(s).
17.2 OCBC shall be entitled to levy or impose service charges
(including, without limitation, to impose a charge for the provision
of the Security Token and/or the replacement Security Token and/or
the delivery of Security Code via SMS) and make variations to the
same from time to time in respect of services rendered to the
Customer provided that 21 days’ prior notice specifying the details
of the charges are made known to the Customer in writing or in a
manner deemed appropriate by OCBC. Should the Customer disagree with
the imposition of such fees or charges and any variations thereof,
the Customer shall terminate the OCBC Internet Banking Service
pursuant to Clause 20.3 herein or cease the use of the particular
banking transaction and/or service to which such fees, charges or
variations relate to. The Customer's continued use of the OCBC
Internet Banking Service and issuance of Instructions in respect of
or the particular banking transaction and/or service to which the
fees, charges or variations relate to shall be deemed as the
Customer's agreement and acceptance of the same.
18. International Use
18.1 The Customer shall at all times comply with all the Foreign
Exchange Administration Rules (the Notices on Exchange
Administration Rules Malaysia issued pursuant to the Financial
Services Act 2013 and all other regulations made pursuant thereto)
of Malaysia and/or the exchange control regulations operating in any
other country where the Transaction is effected or requested via an
Instruction, and the Customer shall be liable for any infringement
of such regulations, including any amendments, extension,
re-enactment or consolidation thereto.
18.2 The maximum amount of a transaction and the purpose for which
it is effected may be determined by Bank Negara Malaysia and the
laws and regulations of the country in which the transaction is
effected or requested.
18.3 The Customer hereby agrees that the Customer is using the OCBC
Internet Banking Service at its own risk and initiative and the
Customer is responsible for compliance with all applicable laws.
19. Variation of Terms and Conditions
19.1 OCBC may at its discretion and at any time add to, alter,
vary, modify all or otherwise change all or any of these Terms and
Conditions by giving the Customer no less than 21 days prior notice
where the said change(s), in OCBC's Sole opinion, materially affect
the Customer's rights and obligations. Such changes shall, subject
to Clause 19.4, be binding on the Customer upon the expiry of the
said 21 day period.
19.2 All additions, variations, modification or changes other than
those stated in Clause 19.1 above shall be binding on the Customer
and be deemed to have come to the Customer's attention through (i)
notice at OCBC's website; or (ii) notice at ATM or other electronic
terminals; or (iii) notice at OCBC's offices and branches; or (iv)
notice at advertisements in major newspapers in Malaysia or (v) any
other mode OCBC deems suitable. Notwithstanding anything herein to
the contrary, where notice is provided pursuant to (i), (ii), (iii)
or (iv) above, subsequent written advice in respect of the same
shall be provided by OCBC to the Customer.
19.3 Notwithstanding Clause 19.1 and 19.2 above, where any
variations, modifications or changes to these Terms and Conditions
are merely in relation to the correction of any spelling and
grammatical error or is in OCBC's sole opinion, necessitated by an
immediate need to restore or maintain the security of the Internet
Banking Service, OCBC's computer system, the Customer's account(s)
or any transactions, no prior notice will be given to the Customer
in respect of such variation, modification or changes to the Terms
and Conditions.
19.4 If the Customer does not accept any additions, variations or
modifications to these Terms and Conditions, the Customer shall
discontinue using the OCBC Internet Banking Service. The Customer
agrees to view these Terms and Conditions regularly and subject to
notice having been given to the Customer in accordance with the
provisions herein, the Customer's continued access and/or use of the
OCBC Internet Banking Service after any such additions, variations
or modifications become effective will constitute the Customer's
acceptance of the additions, variations or modifications without
reservation. Where the application for the OCBC Internet Banking
Service is in respect of a joint account, each account holder shall
be bound jointly and severally by any such addition variation or
amendment.
20. Suspension or Termination of Services
20.1 OCBC may at any time by giving notice suspend or restrict or
terminate the operations or the whole or any part of the OCBC
Internet Banking Service without being liable or responsible for any
loss or damage suffered by or caused to the Customer or arising out
of or connected or by reason of such suspension or restriction or
termination.
20.2 OCBC will automatically suspend or terminate the Customer's
right of access to the OCBC Internet Banking Service should the
Customer cease to maintain any account(s) with OCBC which can be
accessed via the OCBC Internet Banking Service or should the
Customer's access to such account(s) be restricted by OCBC or any
other party for any reason.
20.3 The Customer may terminate the OCBC Internet Banking Service
by giving prior written notice to OCBC. The OCBC Internet Banking
Service will be cancelled within 7 Business Days from the date of
OCBC's receipt of the said notice of termination and the Customer
hereby agrees not to use the OCBC Internet Banking Service to issue
Instructions on any day falling after the receipt of the Customer's
notice of termination. Notwithstanding the foregoing, OCBC shall not
be liable for the Customer's continued use of the Internet Banking
Service thereafter and for the Instructions relating to transactions
and/or services which are effected or performed or processed through
the OCBC Internet Banking Service after receipt of the Customer's
written notice to terminate.
20.4 The Customer also acknowledges and agrees that where the
Customer's access to the OCBC Internet Banking Service is terminated
for any reason, OCBC shall not be liable for its failure to act upon
and effect or perform or process any such Instructions received
prior to such termination and remains uneffected or unperformed or
unprocessed at the point of such termination by OCBC or otherwise at
the point of receipt of the Customer's notice to terminate.
20.5 The Customer acknowledges that termination will not affect the
Customer's liability or obligations in respect of Instructions
effected or performed or processed through the OCBC Internet Banking
Service on the Customer's behalf.
21. Submission to Jurisdiction
21.1 These Terms and Conditions governing the OCBC Internet Banking
Service shall be governed by and construed in accordance with the
laws of Malaysia and the Courts of Malaysia at Kuala Lumpur shall
have non-exclusive jurisdiction in relation to any legal action or
proceedings arising out of or in connection with these said Terms
and Conditions ("Proceedings").
22. Notices
22.1 Notices from OCBC.
The Customer agrees that all notices and other communications issued
in connection with the OCBC Internet Banking Service may be issued
in the manner specified in these Terms and Conditions and where no
specific manner is provided for, may be given by OCBC in any one of
the following manners :
(a) by broadcasting a notice at OCBC's website;
(b) by broadcasting a notice at ATM or other electronic terminals;
(c) by displaying at OCBC's offices and branches;
(d) by way of advertisement made once in any national newspaper in
Malaysia;
(e) by any other mode OCBC deems suitable,
and the notices and other communications shall take effect on the
date stated therein.
22.2 Urgent notices from Customer to OCBC to report on loss or
compromise of the Customer's Login ID, Login Password, Security Code
or Security Token/Mobile Phone, or to report on any error or
discrepancy in any statement or record may be made by :
(a) calling OCBC’s Contact Centre at such telephone number as may
be published on OCBC’s website from time to time;
or
(b) accessing the “Contact Us” icon on OCBC’s website;
or
(c) written notice delivered to, or personal attendance to make
report at, any OCBC branches;
or
(d) such other means as may be notified by OCBC from time to time.
22.3 All other notices from Customer to OCBC concerning the OCBC
Internet Banking Service and these Terms and Conditions shall be in
writing, signed by the Customer and sent to OCBC at the following
address or in such other manner as the Bank may notify the Customer
from time to time :
eBusiness Department,
Level 15, OCBC Bank (Malaysia) Berhad,
Menara OCBC, 18 Jalan Tun Perak,
50050 Kuala Lumpur.
23. Waiver
23.1 The Customer agrees the failure of OCBC, whether continuous or
otherwise, to exercise any rights, power, privileges, remedies or
provisions of these Terms and Conditions or OCBC's failure or delay
to insist on compliance with any of the clauses herein shall not
constitute a waiver by OCBC of any rights, power, privileges,
remedies or provisions of these Terms and Conditions.
24. Severability
24.1 If any of the Terms and Conditions become invalid, illegal, or
unenforceable pursuant to any law, then the validity, legality and
unenforceability of the remaining provisions shall not in any way be
affected or impaired.
25. Disputes and Enquiries
25.1 Notice of any dispute and enquiry shall be served in the
manner specified in Clause 22 above.
25.2 A
Customer who wishes to raise any dispute will be required to furnish
certain requisite particulars, including but not limited to the
Customer’s name, the affected account, date of the disputed
transaction, amount of the disputed transaction and reason why the
Customer believes that it is a disputed transaction.
If the dispute is in any way
connected to or involving any fraud or crime or alleged/suspected
fraud or crime, the Customer will be required to furnish OCBC with a
police report. 13 May 2016
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