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Electronic Banking Terms and Conditions
Please read these terms and conditions
carefully.
These terms and conditions set out the
rights and obligations of you, the customer,
and us, the Bank, in connection with your
use of the Service. All the terms and
conditions of this agreement are legally
binding, so please read them through carefully
before you agree to be bound by them.
This agreement:
- replaces all earlier terms and conditions relating to the Service (if any) except where we advise you otherwise;
- is in addition to the terms and conditions that apply to the individual accounts you may be accessing through the Service. If there is a conflict between the terms and conditions of this agreement and any other relevant terms and conditions, the terms and conditions of this agreement will prevail in relation to any access to such accounts through the Service; and
- relates to (a) individual accounts in your sole name and (b) joint accounts but only if these may be operated by a single signing authority ("eligible accounts"). Account holders who do not have an eligible account for these purposes may nonetheless make account enquiries.
In the last section of this agreement,
you will find definitions of some of the
words and phrases used in these terms
and conditions.
| 1. THE ACCOUNTS ON WHICH YOU MAY USE THE SERVICES |
|
| 1.1 |
By
agreeing to be bound by the
terms of this agreement, you
agree that the Service will
be available on all eligible
accounts with us, whether open
now or opened in the future,
including any joint accounts
you hold with others, and including
accounts under credit facilities
granted to you. The Service
cannot be used on some types
of accounts and we will advise
you from time to time as to
which accounts are eligible. |
| 1.2 |
Certain parts
of the Service may be available
only for certain types of accounts
and not others, notwithstanding
that both types of accounts
are accessible under the Service. |
| 1.3 |
In
order to use the Service, you
must be registered by us to
use the Service. |
| 1.4 |
You are deemed
to agree to these Rules and
Regulations each time you use
any part of the Service. |
| 1.5 |
You
must be at least 18 years of
age to use the Service. Nevertheless,
if we at our sole and absolute
discretion permit your use of
the Service notwithstanding
that you were below 18 years
of age at the time, our rights
under these Rules and Regulations
shall not be prejudiced. |
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| 2. FOLLOWING OUR USER GUIDANCE |
|
| 2.1 |
User
Guidance on the operation of
the Service will be made available
to you. User Guidance will cover
(among other things) the times
when the Service is available,
how to access and operate the
Service, what things you can
and cannot do with the Service,
and the time it usually takes
to carry out particular types
of transactions. You must follow
all relevant User Guidance whenever
you access and operate the Service. |
| 2.2 |
We may inform
you from time to time about
changes to the way you should
access or operate the Service.
You must observe all such changes
when accessing or operating
the Service. |
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| 3. YOUR RESPONSIBILITIES FOR SECURITY |
|
| 3.1 |
To
ensure that you alone are able
to access and give instructions
on your accounts using the Service,
you must adopt and at all times
maintain the following security
procedures. |
| 3.2 |
To enable you
to use the Service, we will
give you an initial access code
and you may then choose your
own user identification code
and password(s) for the Service.
If you are subscribing to this
Service jointly with others,
we will give each of you the
same initial access code of
which upon the initial access
to the Service, all of you must
then agree and choose a similar
user identification code and
password for the Service. For
certain online services and
transactions, we may also require
you to obtain and use an Additional
Online Pin (AOP) for additional
security verification. These
are all your Security Codes
used to identify you whenever
you access and transact using
the Service. |
| Safeguarding
your Password and Security Codes |
| 3.3 |
In connection with your Security Codes: |
| |
3.3.1 |
you should
change your Passwords regularly
and may do so if or when the
Service requires you to do so.
You should not choose a Password
you have used before; |
| |
3.3.2 |
whenever you choose a Password,
you must take care not to choose
a number that is likely to be
guessed by anyone trying to
access the Service pretending
to be you. For example, you
should avoid your own or a relative's
birthday, or any part of your
telephone number; |
| |
3.3.3 |
you must take all reasonable
steps to ensure that you safeguard
your Security Codes at all times,
whenever possible. You must
not disclose any details of
your Passwords to anyone else,
including to someone who is
a joint account holder with
you, or to a member of our staff,
or to someone giving assistance
on a technical helpdesk in connection
with the Service; |
| |
3.3.4 |
you must not record your Security
Codes in a way that could make
them recognisable by someone
else as Security Codes; |
| |
3.3.5 |
if you discover or suspect
that a Password or any part
of it is known to someone else,
you must immediately change
the Password yourself through
the Service. If this is not
possible, you must notify us
immediately by telephoning us
on Tel. No. 03- 7711 8888 (or
any other number we may let
you have from time to time for
this purpose). We will suspend
use of the Service until new
Security Codes have been set
up. |
| |
3.3.6 |
in the case of an Additional
Online PIN (AOP) to be obtained
from us, you must immediately
notify us on the loss or change
of your mobile phone number
registered with us. Clauses
3.3.3 and 3.3.4 above shall,
with the necessary modifications,
apply to the AOP, and you must
notify us immediately if you
discover or suspect that the
AOP is obtained by or known
to someone else. If you are
using the Service, you should
immediately terminate that online
session to deactivate the AOP
already obtained for that session. |
| Checking your statements |
| 3.4 |
If you become
aware of any transaction on
any of your accounts that has
not been validly authorised
by you, you must notify us immediately
by telephoning us on Tel. No.
03- 7711 8888 (or any other
number we may let you have from
time to time for this purpose).
For this purpose, you are reminded
that you are under a duty to
examine carefully all entries
appearing in your statements,
and to notify us in writing
at once of any errors, unauthorized
debits or other discrepancies.
If you do not so notify us within
21 days of the date of the statement,
the statement shall be accepted
by you as conclusive evidence
of the balance in the account
and of the other particulars
in the statement. You agree
to be bound by the details set
out in the statement (except
for any details on which you
have notified us as required
in this paragraph). You further
agree to waive any rights/remedies
against us for any unauthorized,
forged or fraudulent payments
which may have been affected,
but which were not notified
to us as required above. |
| Other security safeguards |
| 3.5 |
You
must not allow anyone else to
operate the Service on your
behalf. |
| 3.6 |
You
must not leave Your System unattended
while you are on-line to the
Service. This applies whether
Your System is a device you
have sourced independently of
us or a device provided by us
to access the Service in one
of our branches. However, the
public nature of our branches
makes it particularly important
that if you access the Service
from a device in one of our
branches you do not leave that
device unattended while on-line
and you ensure that you have
gone off-line before leaving
the branch. |
| 3.7 |
You
must not access the Service
from any device connected to
a local area network (or LAN),
such as an office environment,
without first making sure that
no one else is able to observe
or copy your access or obtain
access to the Service pretending
to be you. |
| 3.8 |
You
must comply with any other requirements
designed to protect the security
of your use of the Service which
are set out in the User Guidance
or notified by us to you in
any other way. |
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| 4. YOUR AUTHORITY TO US TO CARRY OUT INSTRUCTIONS |
|
| Your giving of instructions via the Service |
| 4.1 |
You agree that
the use of the Security Codes
agreed between us for the Service
is adequate identification of
you. We are entitled to act
on instructions (using the Security
Codes via the Service) without
obtaining any further written
or other confirmation from you,
even if those instructions are
not actually given or authorised
by you (except in the circumstances
described in section 4.5). |
| 4.2 |
You agree that
when you give to us an instruction
via the Service (including but
not limited to an instruction
to transfer funds out of your
account), we are deemed to have
received or executed the instruction
only when you have received
our confirmation that we have
received or executed that instruction. |
| 4.3 |
You are solely
responsible for ensuring the
accuracy, adequacy and completeness
of all instructions given by
you via the Service (including
but not limited to instructions
to transfer funds out of your
account). We are not obliged
to verify the accuracy, adequacy
and completeness of your instructions.
Without limiting the scope of
anything in section 8, we will
not be liable for any loss or
damage to you as a result of: |
| |
4.3.1 |
your instructions to transfer
funds or for any other transaction
being inaccurate, inadequate
or incomplete in any manner;
or |
| |
4.3.2 |
any failure, refusal, delay
or error by any third party
through whom any such funds
transfer is to be made, to transfer
the funds to or to credit the
account of the intended payee. |
| Your liability for unauthorised instructions |
| 4.4 |
You will be held
liable for all losses due to
unauthorised use if you have
acted fraudulently or with gross
negligence or if you are in
willful default of any of the
security obligations described
in sections 3.1 to 3.3.6 inclusive
and 3.4 to 3.8 inclusive or
the notification requirements
of section 3.3.5 or 3.3.6. |
| 4.5 |
You will not be
responsible nor have any liability
for any instruction that is
not authorised by you but is
given using your Security Codes
if: |
| |
4.5.1 |
such instruction is given
after you have notified us that
you have discovered or suspected
that your Security Codes or
Password is lost or your Security
Codes or Password is obtained
by or known to someone else
in accordance with section 3.3.5
or 3.3.6; or |
| |
4.5.2 |
your Password has been obtained
by or has become known to the
person giving the unauthorised
instruction as a result of our
failure to comply with section
8.1 or any negligence or wilful
default on our part. |
| Acting on your instructions |
| 4.6 |
You must not use
the Service to create an unauthorised
overdraft on any of your accounts
and we are entitled to refuse
to accept any instruction that
would do so. If an unauthorised
overdraft is created, we may
take any action we think fit
and charge any interest and
charges to the account in question
(in accordance with the terms
and conditions of that account).
You agree that: |
| |
4.6.1 |
it is your responsibility
to make sure that no unauthorised
overdrafts are created; and |
| |
4.6.2 |
you will not rely on the operation
of the Service to prevent an
unauthorised overdraft being
created. In particular, you
must remember that your cheques
and any payment instructions
you have given via the Service
may not be given immediate value
or immediate effect and might
not always be immediately reflected
in the balance on your account. |
| 4.7 |
When we receive
a transaction instruction from
you through the Service, we
will be entitled to debit any
payment plus any charges payable
for the transaction from the
account you have specified.
Once you have given an instruction
through the Service, you will
not be able to reverse it. We
will be under no obligation: |
| |
4.7.1 |
to reverse an instruction you have given; or |
| |
4.7.2 |
to accept an instruction that is conditional
or reversible or which requires
us to pay a third party sooner
than we would be able to pay
them following our normal
banking practices.
However,
if you do ask us to reverse
an instruction after you have
given it, we may at our discretion
try to do so to the extent
that this is possible under
the rules and practices of
the banking system. You agree
that you will be responsible
for any costs we incur as
a result.
|
| 4.8 |
We may, when we believe we are justified in doing so: |
| |
4.8.1 |
refuse to carry out an instruction given via the Service; or |
| |
4.8.2 |
require
written confirmation from
you of a particular instruction.
If we come to believe that an
instruction may not have been
properly authorised by you,
we will be entitled, after making
reasonable efforts to check
whether it was properly authorised,
to take steps to reverse any
action taken on the basis of
that instruction. We will not
be responsible for any loss
to you that results from such
a reversal. |
| 4.9 |
When you give
an instruction via the Service,
we will act on that instruction
in accordance with the cut-off
times notified to you through
the Service. From time to time
we may notify you of changes
to these cut-off times. Instructions
given at any other time may
not be acted on until the next
Business Day. |
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| 5. IF YOU HOLD ANY JOINT ACCOUNTS |
|
| 5.1 |
In connection with any account which
you hold jointly (provided that
this may be operated on a single
signing authority basis) with
others, you agree that: |
| |
5.1.1 |
your joint account holders
may operate the account using
the Service on the terms set
out in this agreement. This
applies even if you are not
yourself registered to use the
Service (in accordance with
section 1.2); and |
| |
5.1.2 |
any single
party to a joint account may
validly give instructions via
the Service in connection with
that joint account. |
| 5.2 |
The provisions
of section 5.1 above override
any other existing arrangements
in connection with your authority
to operate joint accounts. |
| 5.3 |
In connection
with any account which you hold
jointly with others and requires
two or more authorised signatories
to be operated, you and the
joint signatories will only
be able to utilise such part
of the Service which allows
you to obtain information about
the account, including but not
limited to the balance of the
account. |
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| 6. OPERATING TIMES, CHANGES AND DISRUPTIONS |
|
| 6.1 |
The
Service will usually be available
for use at the times given in
the User Guidance or at other
times notified to you. You accept,
however, that routine maintenance
requirements, excess demand
on the systems and circumstances
beyond our control may mean
it is not always possible for
the Service to be available
during its normal operating
hours. |
| 6.2 |
In connection
with the Service, we are entitled
at any time to: |
| |
6.2.1 |
change the
mode of operation; or |
| |
6.2.2 |
add to, remove or otherwise
change, end or suspend any of
the facilities available; or |
| |
6.2.3 |
end the Service. |
| |
If we decide to
change or end the Service, we
will try to give you 30 days
notice or whatever shorter period
of notice may be reasonable
in the circumstances. |
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| 7. SERVICE SOFTWARE AND HARDWARE |
|
| Software compatibility |
| 7.1 |
Each time you
access the Service, it may automatically
provide Your System with the
Service Software necessary to
enable you to access and operate
the Service. Alternatively,
the Service Software may be
supplied to you in some other
way. It is your responsibility
to ensure that the Service Software
supplied to you is compatible
with any computer or other device
from which you access the Service
and any software on that computer
or other device. If it is not,
you must compensate us for any
loss we suffer as a result.
We shall not be liable to you
for any loss you suffer as a
result of any incompatibility
between the Service Software
and any computer or other device
from which you access the Service. |
| Protecting against Viruses |
| 7.2 |
You must take
all reasonably practicable measures
to ensure that any computer
or other device from which you
access the Service is free of
any computer virus or similar
device or software including,
without limitation, devices
commonly known as software bombs,
Trojan horses and worms (together
"Viruses") and is
adequately maintained in every
way. The Service can be accessed
through the Internet or other
communication channels as the
case may be, public systems
over which we have no control.
You must therefore ensure that
any computer or other device
you use to access the Service
is adequately protected against
acquiring Viruses. |
| Using other people's devices |
| 7.3 |
You must not access
the Service using any computer,
mobile phone or other device
which you do not own unless
you have first obtained the
owner's permission to do so.
If you break this rule, you
must compensate us for any loss
we suffer as a result. |
| Access through third party services |
| 7.4 |
We cannot be responsible
for any services through which
you access the Service or by
which you obtain your AOP or
other Security Codes that are
not controlled by us, or for
any loss you may suffer as a
result of you using such a service.
You must comply with all the
terms and conditions of such
a service and pay all the charges
connected with it. |
| Ownership
rights in connection with the
Service Software and other information |
| 7.5 |
By supplying you
with the Service Software to
access the Service, we are granting
you a non-exclusive, non-transferable,
temporary licence to use the
Service Software for the purpose
of accessing the Service, and
for no other purpose. The Service
Software and all other material
and information supplied to
you, including the User Guidance,
contains valuable information
that belongs to us or others.
You must not: |
| |
7.5.1 |
use them except in connection with accessing the
Service; |
| |
7.5.2 |
take copies, sell, assign, commercially rent, sub-license, otherwise
transfer them to any third party;
or |
| |
7.5.3 |
try to decompile, reverse engineer, input or compile any of the service
Software. |
| 7.6 |
If
you access the Service from
a country outside the Malaysia,
you are responsible for complying
with the local laws of that
country, including (but not
limited to) obtaining any licence
needed for the import / export
of the Service Software to that
country. |
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| 8. THE EXTENT OF OUR LIABILITY FOR YOUR LOSS OR DAMAGE |
|
| 8.1 |
We
will take reasonably practicable
steps to ensure that our systems
in connection with the Service
are installed with adequate
security designs and to control
and manage the risks in operating
the systems, taking into account
any law, rules, regulations,
guidelines, circulars, codes
of conduct and prevailing market
practices which may be applicable
to us from time to time. |
| 8.2 |
We will not be
liable for any loss or damage
to you as a result of making
the Service available to you,
including any direct, indirect,
consequential or special loss,
even if we have been advised
of the same. Examples of circumstances
in which we will NOT be liable
to you for loss or damage resulting
to you through the use of the
Service include (but are not
limited to): |
| |
8.2.1 |
acting on
an instruction which has been
validly authenticated as coming
from you but which in fact was
given by somebody else (but
please see section 4.5 which
explains the exceptions to this
rule); and |
| |
8.2.2 |
any incompatibility between
Your System and the Service;
and |
| |
8.2.3 |
any machine,
system or communications breakdown,
interruption, malfunction or
failure (except where such failure
should have been prevented by
the risks control and arrangement
measures had we adopted such
measures in accordance with
section 8.1), industrial dispute,
failure or fault of any Internet
service providers, telecommunications
or SMS service providers or
operators, or their respective
agents and subcontractors or
other circumstances beyond our
control that leads either to
the Service being totally or
partially unavailable or delayed,
or to the non-receipt, interception
of or unauthorised access to
or use of the Security Codes
or to instructions given via
the Service not being received,
authenticated, accurate, correct
or acted upon promptly or at
all; and |
| |
8.2.4 |
you relying on or using any
financial or product information
provided as part, or by means,
of the Service, or you using
or purchasing any service or
product by virtue of such reliance
or use of the Service; and |
| |
8.2.5 |
any misuse
of Your System or the Service
by you or anyone else; and |
| |
8.2.6 |
any access to information
about your accounts which is
obtained by a third party as
a result of your using the Service
(except where that access is
obtained as a result of our
negligence or our willful default);
and |
| |
8.2.7 |
any delay
or failure to send, transmit,
receive, confirm or acknowledge
any email, SMS messages, Security
Codes or anything available
under the Service, or any error,
inaccuracy or incompleteness
of any information or data available
under the Service. |
| 8.3 |
In the event that we are liable for
any loss or damage to you
as a result of your use of
the Service, we shall only
be liable for direct loss
or damage which, in the ordinary
course of events, might reasonably
be expected to result from
the circumstances in question
and only if such loss or damage
is caused by our gross negligence
or willful default.
If you
need to be completely certain
that an instruction has reached
us and that it will be carried
out by a particular time,
you must speak to our staff
on Tel. No. 03- 7711 8888. |
| 8.4 |
You shall indemnify
us, our employees and our nominees
or agents promptly and on a
full indemnity basis from or
against all actions, omissions,
negligence, proceedings, claims,
demands, damages, losses (including
direct, indirect or consequential
losses), costs and expenses
including all duties, taxes,
or other levies and legal costs
as between solicitor and client
(on a full indemnity basis)
and other liabilities which
we may incur or suffer from
or by reason of your use of
the Service. |
| 8.5 |
Please take note that the protection
provided under the Digital
Signature Act is not applicable
to your utilisation of the
Service herein. |
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| 9. IF YOU BREAK A TERM OF THIS AGREEMENT |
|
| You
must compensate us for any loss
we suffer as a result of your
breaking any term of this agreement. |
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| 10. ENDING YOUR USE OF THE SERVICE |
|
| 10.1 |
You
may cancel your use of the Service
at any time by contacting us
at Tel. No. 03- 7711 8888 (or
in any other way we notify you
about from time to time). |
| 10.2 |
If you have multiple
accounts, you may not cancel
the Service solely in respect
of any one account, unless you
are notified to the contrary
in the User Guidance or otherwise
in writing. |
| 10.3 |
We
have the right to end or suspend
your use of the Service at any
time. We will usually give you
at least 30 days notice. However,
we may give you a shorter period
of notice or no notice if we
consider it necessary, for example
because of security concerns
in connection with your use
of the Service or because we
are concerned that you have
used or may use the Service
to create an unauthorised overdraft
or otherwise to operate any
of your accounts in breach of
your arrangements with us. |
| 10.4 |
We will be entitled
to end your use of the Service
immediately on all your accounts
if any of your joint account
holders notifies us: |
| |
10.4.1 |
that the
joint account can no longer
be operated on your instructions
alone; or |
| |
10.4.2 |
she |
| 10.5 |
If your use of
the Service comes to an end
for any reason, this will not
affect any instructions you
have already given via the Service.
If more than one person has
signed this agreement and one
of you withdraws from the Service,
this will not affect the use
of the Service by the others
(except in the circumstances
outlined in section 10.4). |
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|
| 11.1 |
We are entitled: |
| |
11.1.1 |
to charge you fees and charges for the Service; and |
| |
11.1.2 |
to change
those fees and charges from
time to time by giving you at
least 30 days notice. If we
give you such a notice, you
will not have to pay any proposed
increase so long as you cancel
your use of the Service during
the 30 day notice period. However,
your continued use of the Service
after the 30 day notice period
shall be conclusively deemed
to be your acceptance of such
changed fees and charges. |
| 11.2 |
To avoid any doubt,
please note that the references
to fees and charges in section
11.1 only apply to our charges
for providing the Service. They
do not apply to any charges
for particular banking or other
services we might provide in
response to your requests via
the Service. We will be happy
to provide you with details
of our charges for particular
banking or other services on
request. |
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| 12. OUR RIGHT TO MAKE CHANGES TO THIS AGREEMENT |
|
| 12.1 |
We
have the right to change the
terms of this agreement at any
time by giving you notice either
in writing, by placing prominent
notices at our offices or branches
or by sending you a message
via the Service. |
| 12.2 |
We will give you
30 days notice of any change
before it takes effect, except
when notice has to be shorter
in order to protect the security
of the Service or in other circumstances
beyond our control. Once you
have received notice of any
change in the terms of this
agreement, we will treat your
subsequent use of the Service
as your acceptance of the change
(but please remember, you have
the right to end your use of
the Service at any time). |
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| 13. THE VALIDITY OF THE TERMS OF THIS AGREEMENT |
|
| 13.1 |
If any one
or part of the terms of this
agreement proves to be legally
unsound or unenforceable in
any way, this will not affect
the validity of the remaining
terms. |
| 13.2 |
We believe the terms of this
agreement are fair. If any one
or part of them proves to be
not legally valid because it
is unfair or for any other reason,
we are entitled to treat that
term as changed in a way that
makes it fair and valid. |
| 13.3 |
If one of
the terms of this agreement
is unenforceable against one
of the customers signing this
agreement, this will not in
any way affect the enforceability
of that term against the other
signatories. |
| 13.4 |
If we relax or waive any of
the terms of this agreement
once, this may be on a temporary
basis or as a special case only.
Such relaxation or waiver will
not affect our right to enforce
that term strictly at any other
time. |
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| 14. COMMUNICATIONS BETWEEN US |
|
| 14.1 |
Except
for situations where this agreement
refers to your giving us notice
by telephone or by other forms
of communication, you should
give us any other formal notice
in connection with the Service
in writing (in hard copy form)
to any of our branches in Malaysia
where you maintain an account
(or any other address we may
notify to you from time to time
for this purpose). |
| 14.2 |
Any complaints in connection with the Service should be
directed: |
| |
14.2.1 |
to any of our branches in Malaysia where you maintain
an account; or |
| |
14.2.2 |
by post or by telephone to our Contact Centre,
at the following address or
telephone number:
Standard
Chartered Bank Malaysia Berhad
Contact Centre,
2nd Floor, VADS Plaza,
Taman Tun Dr Ismail,
60000 Kuala Lumpur
Malaysia
Tel:
1 300 888 888 or +603-7711
8888
or
|
| |
14.2.3 |
through
the Mailbox feature under the
Internet Banking Service. To
access this feature, login to
the Internet Banking Service.
On the landing page, select
“Contact Us”. You
will be able to compose your
message directly on the screen
and select the appropriate message
category from the dropdown list;
or |
| |
14.2.4 |
by email to the following email address:
Support.Mobile-Internet-Banking@standardchartered.com |
| 14.3 |
Electronic
mail is not a completely reliable
or secure method of communication
and unless expressly permitted
by us, you must not use it for
sending us: |
| |
14.3.1 |
notices in connection with the terms of this agreement; or |
| |
14.3.2 |
sensitive
communications, such as payment
instructions (payment instructions
should be sent through the Service
in accordance with the User
Guidance or in accordance with
the terms of the relevant account
which you hold with us). |
| 14.4 |
If we need to
send you a notice, we will use
the address you have given us
most recently in connection
with your bank accounts. |
| 14.5 |
For purposes of
certain Passwords like the AOP,
we will for security reasons
transmit them through a stipulated
communication or electronic
device designated in advance
to the address or number reflected
on our records as the most recently
registered address or number
(including your registered mobile
phone number), or where such
communication or electronic
device is unavailable, in such
manner and through such other
medium as we may otherwise stipulate.
In this regard, each mobile
phone number can only be registered
for one user under the Service.
You will not be able to use
the Service if you are unable
to provide a unique mobile phone
number. |
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| 15. SERVICE QUALITY: RECORDING YOUR CALLS AND INSTRUCTIONS |
|
| To
protect both our customers and
our staff, and to help resolve
any disputes between you and
us, you acknowledge that: |
| 15.1 |
we may, though
we are not obliged to, record
all telephone conversations
between us and customers of
the Service; and |
| 15.2 |
we will keep a
record of all instructions given
by customers via the Service;
and |
| 15.3 |
we may listen
to telephone calls made in respect
of the Service in order to assess
and improve the quality of the
Service. |
|
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|
| From
time to time we may advertise
our own products and services,
and those of other companies
in the Standard Chartered Bank
Group, through the Service.
If, in connection with other
agreements with us, you have
asked us not to send you any
marketing material (or if you
do so in the future), you agree
that this restriction will not
apply to these advertisements. |
|
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| 17. THE LAW GOVERNING THIS AGREEMENT |
|
| This
agreement is governed by the
laws of the Malaysia. Both parties
agree to submit to the jurisdiction
of the Malaysian Courts in connection
with any dispute. This does
not affect our right to pursue
our remedies in the courts of
any other jurisdiction which
is appropriate. In the event
of any inconsistency between
the English version and any
other language version of this
agreement, the English version
of this agreement will prevail. |
|
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| 18. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE INTERBANK FUNDS TRANSFER SERVICE |
|
| 18.1 |
The following
provisions of this Clause 18.1
apply only if the respective
services are made available
by us as part of the Service.
|
| |
18.1.1 |
You may
use Interbank Giro Service (“IGS”)
to instruct us to transfer funds
from your account with us (“your
designated account”),
to a stipulated account with
another bank. You acknowledge
that using the IGS is the same
as using the Service. |
| |
18.1.2 |
You may use the “own
account” funds transfer
service to instruct us to transfer
funds between your own accounts
with us. |
| |
18.1.3 |
You may
use the third party intrabank
funds transfer service to instruct
us to transfer funds from your
designated account with us to
a stipulated account with us
which is not your own account.
For the purposes of this service,
an account is treated as not
being your own account if it
is held in the name of any one
or more accountholders which
is different from those in your
designated account. |
| |
18.1.4 |
You may use the international
telegraphic transfer service
(“ITTS”) to instruct
us to transfer funds from your
designated account to a stipulated
account with a bank in another
country. |
| |
|
| 18.2 |
The service described
in Clause 18.1.2 may only be
used where all named accountholders
are identical across the accounts. |
| |
However,
this service may not be used
between accounts which are known
to us to be held by you in different
capacities, including but not
limited to trust accounts or
estate accounts. |
| 18.3 |
You may issue
as many instructions to transfer
funds in any one day as you
wish. However, for fund transfers
under Clauses 18.1.1 and 18.1.3,
you may only issue instructions
to transfer up to an aggregate
total of your preset or personalized
limit per day. The preset daily
limit is currently fixed at
RM5,000 per day, but is subject
to change by us without the
need for prior notice to you.
You are advised to check our
website for the preset limit
applicable at any point in time.
You also have an option to lower
the limit applicable to your
own accounts through ‘My
Preferences’ function.
Should you wish to increase
the limit after having lowered
it (subject always to the ceiling
of the preset daily limit),
please contact us at the telephone
number set out in clause 14.2.2. |
| 18.4 |
We
are not obliged to execute your
instructions to transfer funds
via the Funds Transfer Services
and we will not be liable for
any loss or damage to you as
a result of us not effecting
such instructions, if, on the
stipulated transfer date: |
| |
18.4.1 |
your designated account does
not contain sufficient funds
to make the funds transfer;
or |
| |
18.4.2 |
your designated
account does not contain sufficient
funds to pay for any charges,
fees, interest or other sums
that may be payable by you to
us (if applicable); or |
| |
18.4.3 |
the execution of your instructions
will cause the balance in your
designated account to exceed
the credit limit that we have
set for you and/or your designated
account; or |
| |
18.4.4 |
your designated
account is closed, frozen or
inaccessible for any reason. |
| 18.5 |
If you are giving
an instruction under the IGS
or the ITTS, you agree that
you, and not we, will be responsible
for any charges imposed, or
any other action taken, by a
receiving bank or intended receiving
bank, where: |
| |
18.5.1 |
you do not
have sufficient funds in your
designated account to make a
transfer; or |
| |
18.5.2 |
an order of court prohibits
withdrawals from your designated
account; or |
| |
18.5.3 |
your designated
account is closed; or |
| |
18.5.4 |
your designated account or
any funds in your designated
account have been put on hold;
or |
| |
18.5.5 |
the execution
of your instruction to transfer
funds will cause the balance
in your designated account to
exceed the credit limit that
we have set for you and/or your
designated account; or |
| |
18.5.6 |
you did not correctly use
the Service, including the IGS;
or |
| |
18.5.7 |
circumstances
beyond your reasonable control
prevent the transfer of the
funds, despite reasonable precautions
taken by you. Examples of such
circumstances which are beyond
your reasonable control include
(but are not limited to) fire,
flood or improper transmission
or handling of payments by a
third party. |
| 18.6 |
The
ITTS shall further be subject
to the following: |
| |
18.6.1 |
Where any
part of these Terms and Conditions
mentioning the expression “Business
Day” is applied to the
ITTS, that expression shall
mean a day (other than a Saturday,
Sunday or a public holiday)
on which banks are open for
business in Kuala Lumpur, the
destination country and the
country of the currency in which
the transfer is to be made (if
different from the destination
country). |
| |
18.6.2 |
The first time you wish to
transfer funds to any person
(“Beneficiary”)
via ITTS, you must register
the Beneficiary’s particulars
with us via the Service. Once
the Beneficiary has been registered,
you shall be solely responsible
to update any changes to the
Beneficiary’s particulars
(excluding name or identity
particulars) via the Service.
We shall not be liable for any
losses, damages, costs, or expenses
which may result if you fail
to update the Beneficiary’s
particulars before making a
transfer. |
| |
18.6.3 |
The rate
of exchange applied for each
ITTS transaction shall be our
prevailing rate of exchange
for the relevant currencies
at the time that the transaction
is processed, and not at the
time the instruction is entered
by you. Please call our Contact
Centre, at the number set out
in Clause 14.2.2, at the relevant
time if you require details
on the prevailing rate of exchange. |
| |
18.6.4 |
Each instruction must be submitted
on or before the cut-off time
(on a Business Day) prescribed
by us from time to time in order
to be processed and effected
on the same day. Instructions
submitted on a day that is not
a Business Day or submitted
after the cut-off time will
be treated as received on the
next Business Day and will only
be processed and effected accordingly. |
| |
18.6.5 |
Each ITTS
transaction is subject to a
minimum transfer amount of the
equivalent of RM100 and a maximum
transfer amount of the equivalent
of RM10,000, or such other minimum
and maximum amounts as we may
prescribe from time to time. |
| |
18.6.6 |
Each ITTS transaction is subject
to the normal fees and charges
applicable for telegraphic transfers
made at our branches, as set
out in our Tariff of Fees and
Charges. Where an ITTS transaction
is made in a currency other
than the currency of the destination
country, please note that you
may be required to pay multiple
charges for the transfer. |
| |
18.6.7 |
Acceptance
of each instruction or application
for a telegraphic transfer is
at our sole discretion, and
we shall not be obliged to provide
any reasons for rejecting any
such instruction or application.
The telegraphic transfer is
sent entirely at your own risk
and we are not liable for any
delay, mistake or omission,
in transmission or otherwise. |
| |
18.6.8 |
Where a telegraphic transfer
cannot be completed for any
reason, other than reasons solely
and directly arising from our
default, we shall not be required
to refund the charges paid by
you for the telegraphic transfer. |
| |
18.6.9 |
You consent
to our disclosing any information
in relation to the telegraphic
transfer to the relevant correspondent
bank and/or intermediary bank
(as applicable). |
| 18.7 |
We
are entitled to determine at
our discretion the order of
priority in executing your instructions
to transfer funds and/or any
other existing arrangements
you may have made with us on
the stipulated date for the
execution of the funds transfer.
Examples of such other existing
arrangements include (but are
not limited to) cheques, standing
orders, other instructions under
the Services, and interbank
GIRO deductions. |
|
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| 19. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE BILL PAYMENT SERVICE |
|
| This
entire Clause 19 applies only
if the Bill Payment Service
(“BPS”) is made
available by us as part of the
Service. |
| 19.1 |
You may use BPS
to instruct us to transfer funds
from your account with us (“your
designated account”),
to the account of a stipulated
payee organisation (which may
either be with us or with another
bank). You acknowledge that
using the BPS is the same as
using the Service. |
| 19.2 |
You
may issue as many instructions
to make payment to payee organisations
in any one day as you wish,
subject to such per day limit(s)
as may be fixed from time to
time. You are advised to check
our website for the limit(s)
applicable at any point in time. |
| 19.3 |
You acknowledge
that we will endeavour to but
are not obliged to credit fund
transfers to the payee organisation,
pursuant to your instructions
under the BPS, as follows: |
| |
19.3.1 |
if the payee
organisation’s account
is maintained with us, on the
next Business Day; or |
| |
19.3.2 |
if the payee organisation’s
account is maintained with another
bank, on the second Business
Day after the day on which we
receive the instruction from
you for the fund transfer to
the payee organisation. |
| 19.4 |
You
agree that we are entitled to
provide a report on a daily
or other regular basis to all
payee organisations under the
BPS. This report will list out
all the users of the Service
who have made payments to that
payee organisation and the respective
amounts paid by each of those
users to that payee organisation
and credited into that payee
organisation’s account
on each day. By using the BPS,
you confirm your consent for
us to disclose to the payee
organisation such information
as may be required in the report. |
| 19.5 |
For the purposes
of clauses 19.3 and 19.4 above,
instructions under the BPS which
are received after the cut-off
time (currently fixed at 8.30
p.m. Kuala Lumpur time) each
day are treated as received
on the next day, and will only
be processed accordingly. We
may change the cut-off time
as and when we find it necessary
or appropriate, and you are
advised to check for the cut-off
time before conducting any transactions
under the BPS. |
| 19.6 |
We
are not obliged to execute your
instructions to make payments
to payee organisations via the
BPS and we will not be liable
for any loss or damage to you
as a result of us not effecting
such instructions, if, on the
date on which such payment is
to be made from your designated
account: |
| |
19.6.1 |
your designated account does
not have an adequate balance
to make the payment; or |
| |
19.6.2 |
your designated account does
not contain sufficient funds
to pay for any charges, fees,
interest or other sums that
may be payable by you to us;
or |
| |
19.6.3 |
the execution of your instructions
will cause the balance in your
designated account to exceed
the credit limit that we have
set for you and/or your designated
account; or |
| |
19.6.4 |
your designated account is
closed, frozen or inaccessible
for any reason. |
| |
|
| 19.7 |
You
agree that you, and not we,
will be responsible for any
charges imposed, or any other
action taken, by a payee organisation
or intended payee organisation,
where: |
| |
19.7.1 |
you do not have an adequate
balance in your designated account
to make the payment; or |
| |
19.7.2 |
an order
of court prohibits withdrawals
from your designated account;
or |
| |
19.7.3 |
your designated account is
closed; or |
| |
19.7.4 |
your designated
account or any funds in your
designated account have been
put on hold; or |
| |
19.7.5 |
the execution of your instruction
to make payment will cause the
balance in your designated account
to exceed the credit limit that
we have set for you and/or your
designated account; or |
| |
19.7.6 |
you did
not, at our sole discretion,
correctly use the Service, including
the BPS; or |
| |
19.7.7 |
circumstances beyond your
reasonable control prevent the
making of the payment, despite
reasonable precautions taken
by you. Examples of such circumstances
which are beyond your reasonable
control include (but are not
limited to) fire, flood or improper
transmission or handling of
payments by a third party. |
| 19.8 |
We
are entitled to determine at
our discretion the order of
priority in executing your instructions
to make payments and/or any
other existing arrangements
or instructions you may have
made with us on the date on
which the payment to the stipulated
payee organisation is to be
made from your designated account.
Examples of such other existing
arrangements or instructions
include (but are not limited
to) cheques, standing orders,
interbank GIRO deductions and
instructions to transfer funds. |
|
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| 20.
DEFINITIONS : THE MEANING OF
SOME WORDS AND PHRASES USED
IN THIS AGREEMENT |
|
| Some words and expressions used in
this agreement have particular
meanings as follows: |
| AOP
means a unique randomly generated
password known as the Additional
Online PIN that is required
for certain online services
that we may stipulate as a means
of identifying you when you
use the Service, and which we
will transmit using your mobile
phone number that has been registered
with us or such other means
as we may otherwise select or
agree. |
| Business
Day means a day (other
than Saturday, Sunday or a public
holiday) on which banks are
open for business in Malaysia. |
| Internet
Banking means the Service
provided to you via the internet. |
| Password
means the Phone Banking Personal
Identification Number, AOP or
Internet Banking Personal Identification
Number or secret number(s) chosen
by you (or if you do not elect
to change it, the initial secret
number(s) given to you) that
is used to confirm your identity
whenever you use the Service. |
| Security
Codes means the user
identification code with the
applicable Password details
agreed between you and us that
are used to identify you whenever
you use the Service. |
| SMS
means a service known as Short
Message Service that enables
text and other messages to be
transmitted between mobile phones
and such other telecommunication
or electronic devices as the
relevant service providers may
make available. |
| Service
means the services provided
by us which enable you to obtain
information from us and give
instructions to us by computer,
telephone, mobile telephone,
personal digital assistant or
other device linked to our system
by any means (among other things). |
| Service
Software means any
software supplied to you whenever
you access the Service and any
other software we supply to
you for the purpose of accessing
the Service from time to time. |
| Statement
bank statement, contract or
translation note, confirmation
notice for Investment Services,
or any of these or similar documentation,
as applicable, depending on
the service. |
User Guidance means
the guidelines we provide
from time to time in connection
with your operation of the
Service, which may include
guidance:
- in
hard copy form (for example,
in a user manual or by letter);
and
- spoken
guidelines (e.g. by any
technical helpdesks we may
operate); and
- through
any on-line help service
available as part of the
Service.
|
| We/us/our/Bank
refer to Standard Chartered
Bank Malaysia Berhad, a company
incorporated in Malaysia with
limited liability whose registered
address is Level 16, Menara
Standard Chartered, No. 30,
Jalan Sultan Ismail, 50250 Kuala
Lumpur. |
| You/your
means you, the customer(s),
who are registered by us to
use the Service. |
| Your
System means the equipment
and software contained on it
used by you to access the Service. |
|
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| |
