Internet Banking Terms and Conditions
These terms
and conditions govern the Customer's use of OCBC's Internet
Banking Service
1. Application
to Subscribe to the OCBC Internet Banking Service
1.1 OCBC Bank (Malaysia)
Berhad or OCBC Al-Amin Bank Berhad
(either of which "OCBC" as applicable, unless otherwise stated) with whom
the Customer maintains one or more accounts, may at its sole and absolute discretion
make available to the Customer the use of the OCBC Internet Banking Service in respect
of or in connection with the said accounts of the Customer.
1.2 A Customer of
OCBC who has opened and maintains one or more accounts with OCBC 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 applications 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 prevailing terms and conditions of OCBC governing
Current, Savings and Fixed Deposit Accounts and such other account or accounts as
OCBC may provide from time to time, the Terms and Conditions governing Electronic
Services 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 in accordance with Clause herein will 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 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 :-
- ATM card number and PIN
- Credit Card number and PIN
- Debit Card number and PIN
- 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 :-
- OCBC Internet Login
ID (Login ID); and
- 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 either: :-
1. A Security Token. The Security
Token will generate a Security Code; or
2. for
a Security Code to be transmitted/delivered via short message service (“SMS”)
to the Customer’s mobile phone number 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:
1. 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
2. to register his mobile phone number with OCBC if he selects
to receive the Security Code via his Mobile Phone
5.3 Where the registration
to the OCBC Internet Banking Service is made and has been accepted by OCBC, all
accounts that are accessible through the Customer's ATM card number and PIN will
be automatically linked to the OCBC Internet Banking Service for debiting transactions
and will be accessible via the OCBC Internet Banking Service without the requirement
on the part of the Customer to specify the said accounts.
5.4 Where an application
for the OCBC Internet Banking Service has been accepted by OCBC and that application
is in respect of a joint account, 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.
5.5 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 for each of the other joint account holders who have subscribed for
the OCBC Internet Banking Service subject always to the restrictions in Clause 6.5
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, use and
transmit Instructions to OCBC, via the OCBC Internet Banking Service, in respect
of the following banking transactions and services as and when made available to
the Customer :-
- Account Information
- Bills Payment
- Funds Transfer
- Application for OCBC Banking Products
6.2 OCBC may from
time to time make available to the Customer such other additional transactions and/or
services and the Customer agrees to be bound by these Terms and Conditions in relation
to the said additional transactions and services and such other specific terms and
conditions as may be applicable to the same.
6.3 Notwithstanding
anything contained in Clause 6.1 OCBC may at any time, terminate, restrict, modify,
suspend or withdraw the performance of any banking transaction or service or type
of transactions or service 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 termination, restriction, modification, suspension or withdrawal.
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 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.
6.6 Transfer of funds
or bills 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.
6.7 Where payments
and funds transfers are to be made to accounts at other banks and/or billing organisations, OCBC shall not be obliged to verify the accuracy
of the account numbers or the identity of the account holders of any account with
any other bank and shall not be responsible for any loss or damage caused to or
suffered by the Customer arising from non-acceptance or rejection by any receiving
bank or organisation or any failure, delay or error
by any receiving bank or billing organisation in crediting
the account of the Customer's payee.
6.8 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.
6.9 Any Instruction
in relation to transactions and/or services effected or performed or processed through
the OCBC Internet Banking Service 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 being effected or performed
or processed. OCBC's decisions on banking products and/or
facilities and other financial applications are at the sole and absolute discretion
of OCBC.
7. Instructions
7.1 Except as otherwise
provided in these Terms and Conditions, OCBC shall be entitled to act on any Instructions
received by OCBC and OCBC shall not be liable for any loss to the Customer by so
doing. 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 and the Customer agrees not to dispute the validity,
accuracy or authenticity of any such records and evidence.
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 The Customer
is required to refrain from transmitting and/or issuing Instructions to OCBC through
E-mail Services. OCBC shall not be obliged to act on any instructions (whether digitally
signed or not) received through E-mail Services.
7.9 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.
7.10 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:-
7.10.1 The Instructions
transmitted are inaccurate or incomplete in any way;
7.10.2 There in an
error in the Instructions transmitted whether caused during the course of transmission
through OCBC's Internet Banking Service or otherwise;
7.10.3 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;
7.10.4 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
7.10.5 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.
7.11
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 without giving prior notice, 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 Without prejudice
to the foregoing, where the Customer knows, suspects or has reason to believe that
there has been an unauthorised banking transaction or
that there is an error in the Customer's account information, the Customer shall
notify OCBC in writing within sixty (60) days from the date of the account information.
10. Bills
Payment
10.1 OCBC may at
any time and from time to time by giving the Customer prior notice, amend its list
of billingorganisations or withdraw the billing organisation(s) from its list without assigning any reason
and 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.
11. Funds
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 writing or in such form as may be specified by OCBC from time to time.
12. Confidentiality
& Responsibility For Login ID, Login Password, Security Token and Security Code
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 to come into the possession or control of any other person.
12.2 The Login ID,
Login Password, Security Token and Security Code shall only be used by the Customer
of the OCBC Internet Banking Service who has successfully created the Login ID and
Login Password via the OCBC Internet Banking Service registration process and who
has obtained or received the Security Token from OCBC after the OCBC Internet Banking
Service registration process.
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 Token and Security Code. 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
Token and Security Code 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 Token and
Security Code.
12.5 Notwithstanding
anything herein to the contrary, if the Customer has any reason to believe that
it's the Customer's Login ID, Login Password, Security Token and Security Code have
been misused and/or compromised by their disclosure, discovery or theft by any other
party, the Customer shall inform OCBC immediately and in any case no later than
12 hours after the Customer becomes aware of the same. 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 until such time as the notification is received
and logged by OCBC in accordance with the timeframe specified herein.
12.6 Where the Customer
has contributed to any loss or damage resulting from an unauthorised
Instruction, banking transaction and/or service by delaying notification of a lost,
misused or theft of stolen Login ID, Login Password, Security Token or Security
Code or someone else knowing discovering the Customer's Login ID, Login Password,
Security Token or Security Code, the Customer shall in addition to being liable
for all Instructions relating to transactions and/or services which are effected
or performed or processed through the OCBC Internet Banking Service transactions
conducted up to the point notification is received and logged by OCBC in accordance
with the timeframe specified in 12.5 above, shall also be liable for the actual
loss which occurred during the period of any such delay, (which for the avoidance
of doubt, is the period commencing from the expiry of the timeframe specified in
12.5 above until the point in time in which notification is received and logged
by OCBC), except for:-
- That portion of the loss incurred
on any one day which exceeds the daily transaction limit applicable to the Customer's
relevant account(s); or
- That portion of the total loss incurred
which exceeds the amount of funds standing in the Customer's relevant account(s).
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 otherwise until such time as may be specified by OCBC at
its sole discretion.
13. Consent
to Disclosure
13.1 The Customer
hereby gives his written permission to OCBC as well as any other of its officers
and officials to disclose, divulge or reveal any information whatsoever as may be
required regarding the money or otherwise particulars of the Customer or the Customer's
account:-
13.1.1 to any person
purporting to be the Customer upon verification of his identity by OCBC to its satisfaction
in accordance with its prevailing procedure;
13.1.2 to any Relevant
Person or to any third party which the Customer (or any person using the Login ID,
Login Password, Security Token and Security Code) may from time to time wish to
transact with whether directly or indirectly, via the use of the OCBC Internet Banking
Service;
13.1.3 to any person
as may be necessary or appropriate to effect or perform or process an Instruction
relating to transactions and/or services through the OCBC Internet Banking Service
given by the Customer;
13.1.4 to the Biro
Maklumat Cek, Central Credit
Bureau, Bank Negara Malaysia and/or such other authority or body established by
Bank Negara Malaysia;
13.1.5 to any legal,
judicial and/or regulatory authority having jurisdiction over OCBC, its branches,
related corporations, associates, subsidiaries, affiliates, assignees, proposed
assignees, agents;
13.1.6 to its holding
or subsidiary or related or associate company of OCBC;
13.1.7 to any other
parties engaged by OCBC to enable or assist OCBC to exercise or enforce
OCBC's rights under these Terms and Conditions;
13.1.8 to any person
or entity pursuant to any law, regulation, governmental directive/request or order
of court.
13.2 The Customer
acknowledges and accepts the possibility that there may from time to time be inadvertent
disclosures by OCBC and/or any of their officers or officials of information regarding
the Customer, the monies or any other relevant particulars of the accounts of the
Customer with OCBC in the course of providing information relevant to Instructions
relating to transactions and/or services which are effected or performed or processed
through the OCBC Internet Banking Service and hereby waives all the Customer's rights
and remedies against OCBC for such inadvertent disclosures, which shall be treated
as permitted disclosures within the context of section 99(1)(a) of the Banking and
Financial Institutions Act 1989.
13.3 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.
13.4 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.
13.5
OCBC's Privacy Policy, located on the OCBC's
website sets forth the terms and conditions pursuant to which OCBC may use and share
information concerning the Customer with third parties. In order to provide the
products and services that the Customer seeks through OCBC's
website, OCBC may be required to share information concerning the Customer with
third parties that provide the products and services. The Customer agrees that it
has reviewed and understood this Privacy Policy and consents to such disclosures.
14. Liability
& Indemnity
14.1 The Customer
shall be responsible and liable for any disclosure or unauthorised
use of the Customer's Login ID and/or Login Password and/or Security Token and Security
Code and/or any other information in respect of the Customer's account(s) whether
by the Customer or any other person. The Customer shall also ensure that the Customer
does not make any disclosure to any person or unauthorised
use of the Login ID or Login Password or Security Token and Security Code and/or
any of the Customer's account(s). OCBC shall not be responsible or liable for any
loss caused to or damage incurred or suffered by the Customer or any person by reason
of or arising from or as a consequence of the use of the Customer's Login ID or
Login Password or Security Token and Security Code, whether authorised
or otherwise, to issue Instructions, to transfer any funds and/or perform any transactions
and/or services in connection with any account(s) of the Customer with OCBC and/or
to obtain and/or make any payment of any monies belonging to the Customer. With
the exception of loss or damage caused by the fraudulent or gross negligent conduct
of OCBC's officers or agents, the Customer shall indemnify
OCBC from and against and in respect of all liabilities, losses, charges and expenses
(including legal fees and costs on a full indemnity basis) claims demands actions
and proceedings which OCBC may incur or sustain directly or indirectly by reason
of or arising from or as a consequence of the Customer's breach or violation of
these Terms and Conditions and/or the use of the Customer's Login ID and/or Login
Password and/or Security Token and/or Security Code, or any third party including
without any limitation, all liabilities, losses and damages arising from the access
of any account information, transfer of any funds and/or performance of any transactions
and/or services in connection with any account(s) of the Customer with OCBC and/or
the receipt or payment of any monies belonging to the Customer, whether or not authorised by the Customer. This obligation to indemnify
OCBC shall survive the termination of the OCBC Internet Banking Service.
14.2 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.
14.3 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 if the Customer
loses their 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 (it 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.
14.4 Without prejudice
to the generality of 14.2 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:
14.4.1 The Customer
not having sufficient funds in the relevant account to make any payment or transfers.
14.4.2 Inability
of the Customer to perform any transaction due to limits set by OCBC from time to
time.
14.4.3 Any loss or
damage caused by equipment, Internet browser providers or by the Internet Service
Providers or their agents or sub-contractors.
14.4.4 Any intrusion
or attack by any person, hardware, software, virus, Trojan horse, worm,
bot and/or macro or other harmful components that may interfere with the
OCBC Internet Banking Service, the Customer's web browser and/or Access Device or
OCBC's or the Internet Service Provider's Computer System.
14.4.5 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.
14.4.6 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.
14.4.7 Any use, misuse,
purported use, or misuse, loss, theft, fraudulent or unauthorised
use of the Customer's Login ID and/or Login Password and/or Security Token and/or
Security Code and/or the OCBC Internet Banking Service.
14.4.8 Any destruction
or alteration of Customer's Instructions or any other instructions, data or information
transmitted by the Customer through the OCBC Internet Banking Service.
14.4.9 Any unauthentic,
inaccurate, incomplete, out-of-date and erroneous transmission of the Customer's
Instructions that might be transmitted through the OCBC Internet Banking Service.
14.4.10 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.
14.4.11 The OCBC
Internet Banking Service or any portion thereof not being available or functioning.
14.4.12 The Customer's
Access Device or hardware or Security Token not functioning optimally or malfunctioning.
14.4.13 The Computer
System or Security Token providing such information as may be necessary to effect
or perform or process an Instruction not working properly or not being able to be
accessed by the Customer.
14.4.14 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.
14.4.15 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), 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 The Customer
irrevocably undertakes to indemnify OCBC from and against and in respect of all
liabilities, losses, charges and expenses (including legal fees and costs on a full
indemnity basis) claims demands actions and proceedings which OCBC may incur or
sustain directly or indirectly from or by reason of or in relation to the use, misuse
or purported use or misuse of the OCBC Internet Banking Service (including the Security
Token), and shall pay such monies to OCBC on demand.
14.6 In the event
that the Customer's Login ID and/or Login Password and/or Security Token and/or
Security Code is 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 and the Customer fails to prove that it was not negligent in the circumstances
that led to the unauthorised use or disclosure of the
Customer's Login ID and/or Login Password and/or Security Token and/o Security Code,
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.
14.7 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.
14.8 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.
14.9 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.
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 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 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 make variations to the same
from time to time in respect of services rendered to the Customer provided that
thirty (30) days prior notice specifying the details of the charges are made known
to the Customer in writing or in a manner so deemed applicable 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 21.3 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 use of the
OCBC Internet Banking Service outside of Malaysia is subject to the Exchange Control
Act 1983 and the Exchange Control Regulations of Bank Negara Malaysia or any fiscal
or exchange control requirements operating in the country where the banking transaction
is effected or requested via an Instruction, and the laws and regulations of Malaysia
and the country where the banking transaction is effected or requested via an Instruction.
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 30 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
20.4, be binding on the Customer upon the expiry of the said 30 day period.
19.2 All additions,
variations, modification or changes other than those stated in Clause 20.1 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 20.1 and 20.2 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 without giving any reason or 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.
20.1 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.
20.2 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.
20.3 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.
20.4 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. Definitions
21.1 "Access
Device" means any computerised electronic device
which allows the Customer to access and use the OCBC Internet Banking Service.
21.2 "ATM"
means Automated Teller Machine.
21.3 "Credit
Card" shall where the context so admits refer to any one or more Visa Card,
Master Card and/or any other card issued from time to time by OCBC under the categories
of Platinum, Titanium, Gold, Classic or such other categories which OCBC may at
its absolute discretion introduce in addition thereto and in replacement thereof
from time to time.
21.4 "Business
Day" means a day (other than Saturdays, Sundays and public holidays) on which
OCBC is open for business in
Kuala Lumpur,
Malaysia
.
21.5 "Card"
means and includes EASI CARD, Credit Card, 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.
21.6 "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.
21.7 "Corporation"
means any partners, sole proprietors, companies, consortiums, business units or
other such organisations set up solely for business
purposes.
21.8 "Customer"
means a person who is customer of OCBC and to whom an "EASI CARD" or "Credit
Card" " Login ID" and " Login Password"
and “Security Token” has been issued by OCBC for the OCBC Internet Banking
Service.
21.9 "EASI CARD"
means any Card issued by OCBC to the Customer which entitles the Customer to use
the card to perform or effect transactions at any Terminal or counter of any branch
of OCBC in Malaysia and also includes any other Card issued by OCBC by whatever
name called and which entitles the Customer to use the card at any ATM or Terminal
or counter of any branch of OCBC or if permitted by the relevant authorities and
the applicable rules and regulations, at any shared ATM of any other bank financial
or card institution or network or Terminal.
21.10 "Electronic
Services" includes the services provided by OCBC for the use of the EASI CARD
at any ATM or Terminal or any counter of any branch of OCBC or if permitted by the
relevant authorities and the applicable rules and regulations at any shared ATM
of any other bank financial or card institution or at any network or at any Terminal
maintained by any approved person for payment of purchase of goods and services,
the OCBC 24-Hr PhoneBanking Service, the OCBC Internet
Banking Service and any other electronic facilities including any card and any electronic
computerised or telecommunication devices or modes of
opening accounts in Malaysia or elsewhere each individually or collectively and
a reference to the aforesaid services severally and also the relevant services where
the context requires.
21.11 "E-mail
Services" means any service for the reception and transmission of electronic
mail including without any limitation, any such service provided by the OCBC Internet
Banking Service for receiving or transmitting electronic mail from the Customer's
Access Device to OCBC.
21.12 "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, Security Token and Security Code, 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.
21.13 "Internet"
means the ubiquitous global network of computers, telecommunications and software
which facilitates communication, electronic or otherwise, between person(s) and
machines.
21.14 "Internet
Banking Service" refers to the "services" as defined in Clause 22.23
of these Terms and Conditions which the Customer may access over the Internet through
the use of such Access Devices as may be approved by OCBC from time to time.
21.15 "Internet
Service Provider" means any Internet Access Provider (ISP) and/or any other
parties that provide Internet access to the Customer.
21.16 "OCBC"
means OCBC Bank (
Malaysia
) Berhad and shall include its successors and
assigns.
21.17 "OCBC
group" means OCBC and its subsidiaries and associated companies.
21.18 "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.
21.19 "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.
21.20 "OCBC
website" refers to the OCBC’s website from
which the Customer may access and use the OCBC Internet Banking Service.
21.21 "Phonebank Code" means the code assigned to and to be
used by the Customer for access to OCBC PhoneBank.
21.22 "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.
21.23 “Security
Code” means one-time security password or security code generated by the Security
Token to be used by the Customer to access to the OCBC Internet Banking Service
to perform certain selected transactions.
21.24 “Security
Token” means any hardware device or software programme
used to generate Security Code and it also include but not limited to Security Code
transmitted via short messaging service (SMS) to the Customer’s mobile phone
number registered with OCBC for the purposes of receiving the Security Code.
21.25 "services"
means and includes the services listed in Clause 6.1 of these Terms and Conditions
and such other additional services OCBC may from time to time make available to
the Customer via the OCBC website and includes any operations pertaining to such
services.
21.26 "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.
21.27 "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.
21.28 "transaction"
means and includes the transactions listed in Clause 6.1 of these Terms and Conditions
and such other additional transactions OCBC may time
make available to the Customer from time and includes any operations pertaining
to such transactions.
21.29 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.
21.30 Words importing
a person import also a firm or corporation.
22. Submission
to Jurisdiction
22.1 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").
23. Notices
23.1 Unless otherwise
specifically specified in these Terms and Conditions the Customer hereby consents
to all notices and other communications which concern the OCBC Internet Banking
Service or are required under these Terms and Conditions or may be given by OCBC
in any one of the following manners :-
23.1.1 by broadcasting
a notice at OCBC's website;
23.1.2 by broadcasting
a notice at ATM or other electronic terminals;
23.1.3 by being displayed
at OCBC's offices and branches and such notification
shall be deemed effective upon display;
23.1.4 by way of
advertisement made once in any national newspaper in
Malaysia
and such notification shall be deemed effective on the date of publication of the
advertisement in any such newspaper;
23.1.5
by any other mode OCBC deems suitable.
23.2 All notices
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 :- OCBC Bank (Malaysia) Berhad,
Menara OCBC, 18 Jalan Tun
Perak, 50050 Kuala Lumpur.
24. Waiver
24.1 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.
25. Severability
25.1 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.
26. Dispute
and Enquiries
26.1 If the Customer has any enquiries or requires any assistance, please call us
at 1300-88-5000 or access the "Contact Us" button on our website. In addition,
the Customer is advised to review OCBC's Privacy Policy,
Security Statement and Client Charter on this website.
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