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SMS
Banking Addendum
- SCOPE OF SMS-TERMS & E-TERM
- DEFINITIONS
- ELIGIBLE ACCOUNTS
- SMS-SERVICE SCOPE
- SECURITY & ACCESS PROCEDURES
- SOFTWARE
- LIABILITY & INDEMNITY
- CHARGES
- TERMINATION & SUSPENSION
- EVIDENCE
- FORCE MAJEURE
- RIGHTS OF THIRD PARTIES
- ASSIGNMENT & SUB-CONTRACT
- SEVERABILITY
Please read these terms and conditions carefully.
These terms and conditions ("SMS-Terms")
set out the rights and obligations of you, the customer,
and us, the Bank, in connection with your use of
the SMS-Service. All the terms and conditions of
these SMS-Terms are legally binding, so please read
them through carefully before you sign and submit
your Application Form.
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1. SCOPE OF SMS-TERMS
& E-TERM |
| 1.1 |
These SMS-Terms are in addition
to and shall be read in conjunction with the
Electronic Banking Terms and Conditions ("E-Terms").
The E-Terms shall apply to the SMS-Service to
the extent relevant and subject to these SMS-Terms,
such that among other things, all references
in the E-Terms to: |
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1.1.1 |
"Password" and "Security Codes"
are deemed to include passwords, PINs and Security
Codes under these SMS-Terms; |
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1.1.2 |
"Service" are deemed to include
the SMS-Service; |
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1.1.3 |
"Your System" are deemed to include
your Mobile Phone; |
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subject to the necessary changes
being made in construction, and as amended by
these SMS-Terms. If there is a conflict or inconsistency
between these SMS-Terms and the E-Terms, these
SMS-Terms will prevail to the extent of the
conflict or inconsistency in relation to the
SMS-Service, but not for any other Services. |
| 1.2 |
These SMS-Terms: |
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1.2.1 |
replace all earlier terms and conditions relating
to the SMS-Service (if any) except where the
Bank advises you otherwise; |
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1.2.2 |
are in addition to the terms and conditions
that apply to the individual accounts you may
be accessing through the SMS-Service. If there
is a conflict or inconsistency between these
SMS-Terms and any other relevant terms and conditions,
these SMS-Terms will prevail to the extent of
the conflict or inconsistency in relation to
the SMS-Service; and |
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1.2.3 |
relate only to individual accounts
in your sole name and to joint accounts which
you hold with another person but only if these
may be operated by a single signing authority.
("Eligible Accounts").
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2. DEFINITIONS |
| 2.1 |
The definitions in the E-Terms
will continue to apply to these SMS-Terms unless
a word is separately defined in these SMS-Terms. |
| 2.2 |
In these SMS-Terms, the following
words shall have the following meanings: |
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Agreement |
means the agreement formed between you and
the Bank comprising the Application Form signed
by you, these SMS-Terms, and subject to Clause
1.1, the E-Terms. |
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Application Form |
means the Bank's application form for the
SMS-Service to be completed and signed by you. |
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E-Terms |
is defined in Clause 1.1. |
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Eligible Accounts |
is defined in Clause 1.2.3. |
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Instructions |
means instructions, communications, operations
or transactions transmitted by your Mobile Phone
under the SMS-Service. |
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Mobile Phone |
means the mobile phone or such other communication
device, bearing the number registered with the
Bank, which is used to access the SMS-Service. |
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Procedures |
is defined in Clause 5.1. |
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SMS-Service |
means the Bank's SMS-banking services as described
in the User Guidance and as may be amended by
the Bank from time to time. |
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Security Codes |
means all user identification codes, passwords,
activation codes, PINs, digital keys, and/or
digital signatures, as may be prescribed by
the Bank from time to time for use with the
SMS-Service. |
| 2.3 |
In these SMS-Terms: |
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2.3.1 |
the words include and including shall not
be construed as having any limiting effect; |
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2.3.2 |
the singular includes the plural and vice
versa; |
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2.3.3 |
a gender includes the other genders; |
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2.3.4 |
the headings are used for convenience
only and do not affect the interpretation of
these SMS-Terms; |
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2.3.5 |
the words "in writing" include any
communication sent by letter, facsimile transmission
or email; |
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2.3.6 |
a reference to a document includes
the document as modified from time to time and
any document replacing it; and |
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2.3.7 |
the word "person" includes
a natural person and any body or entity whether
incorporated or not. |
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3. ELIGIBLE ACCOUNT |
| 3.1 |
By agreeing to be bound by the
terms of this agreement, you agree that the
SMS-Service will be available on all Eligible
Accounts with the Bank, whether open now or
opened in the future. The SMS-Service cannot
be used on some types of accounts and the Bank
will advise you from time to time as to which
accounts are eligible. |
| 3.2 |
In order to use the SMS-Service,
you must be registered by the Bank to use the
SMS-Service, and comply with the registration
and activation procedures prescribed by the
Bank. |
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4. SMS-SERVICE SCOPE
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| Your giving
of instructions via the Service |
| 4.1 |
The SMS-Service will only be available
for mobile phones and data connections which
meet the required specifications and configurations
as may be specified by the Bank from time to
time, and you agree to procure and maintain
a mobile phone and data connection which meet
these requirements at your own expense. |
| 4.2 |
User Guidance on the operation
of the SMS-Service will be made available to
you. You must follow all relevant User Guidance
whenever you access or operate the SMS-Service. |
| 4.3 |
The Bank may inform you from time
to time about changes to the way you should
access or operate the SMS-Service. You must
observe all such changes when accessing or operating
the SMS-Service. |
| 4.4 |
You acknowledge that the SMS-Service
is provided on an "as is", "as
available" basis only and that the time
periods during which the SMS-Service may be
available are subject to change. You further
agree that the Bank shall be entitled at any
time, at the Bank's sole discretion and without
prior notice, to temporarily suspend the operation
of the SMS-Service for updating, maintenance
and upgrading purposes, or any other purpose
whatsoever that the Bank deems fit, and in such
event, the Bank shall not be liable for any
loss, liability or damage which may be incurred
as a result. |
| 4.5 |
The scope, features and functionality
of the SMS-Service will differ from the other
Services for other electronic channels, and
may be varied by the Bank from time to time.
You agree and acknowledge that: |
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4.5.1 |
certain services are not available on the
SMS-Service and these may or may not become
available in the future; and |
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4.5.2 |
certain services which are currently available
on the SMS-Service may be discontinued. |
| 4.6 |
You acknowledge and agree that
the Bank may, in its sole and absolute discretion,
without notice and from time to time add to,
vary, alter, suspend or remove any part of or
all of the SMS-Service, or any function or feature
of the SMS-Service, without giving any reason
and without incurring any liability. |
| 4.7 |
Without prejudice to
Clause 1.1, and for the avoidance of doubt,
all provisions in the E-Terms relating to joint
accounts shall also apply to the SMS-Service.
Where conflicting or inconsistent instructions
are received from two (2) or more joint account
holders, the Bank shall be entitled to act on
any one of these instructions without any liability
for any failure to act on the other instructions. |
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5. SECURITY &
ACCESS PROCEDURES |
| 5.1 |
Security Codes will be issued
by the Bank for access to the SMS-Service, which
may be different from those issued for the other
Services. The Bank may also issue separate requirements,
restrictions, instructions, activation and access
procedures, or any additional conditions pertaining
to the access and use of the SMS-Service, the
Security Codes for the SMS-Service, and the
transmission of Instructions ("Procedures").
All Procedures may be varied by the Bank from
time to time. You agree and undertake to be
bound by and to comply with all of the Procedures
as may be issued by the Bank from time to time. |
| 5.2 |
The Bank shall not be bound by
or obliged to take any action on any Instructions
which do not properly comply with the Procedures
and the Bank may reject such non-compliant Instructions. |
| 5.3 |
You must secure the Security Codes
installed in your Mobile Phone with a password
or PIN. All passwords, PINs and other Security
Codes must be kept strictly confidential and
must not be disclosed to anyone else. |
| 5.4 |
You must not leave your Mobile
Phone unattended or permit any person access
to your Mobile Phone in such a manner that he
may access the SMS-Service, whether with or
without your consent. |
| 5.5 |
In the event that you lose or
replace or part with possession or control of
your Mobile Phone, or if you have reason to
believe that someone else has accessed your
bank account(s) using the SMS-Service, you must
immediately notify and instruct the Bank to
revoke the Security Codes immediately, and make
a fresh application to register for the SMS-Service. |
| 5.6 |
Until and less you notify the
Bank in accordance with Clause 5.5, all Instructions
received by the Bank which are associated with
your Security Code shall be deemed to have come
from you, and the Bank shall be entitled to
rely on such Instructions, whether they actually
originated from you or not. You acknowledge
that the Bank may not be able to reverse or
annul any transaction executed based on Instructions
received prior to your notice to the Bank. |
| 5.7 |
Without prejudice to Clause 1.1,
and for the avoidance of doubt, all provisions
in the E-Terms relating to: |
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5.7.1 |
security matters and safeguards, and your
responsibilities for security; |
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5.7.2 |
safeguarding Security Codes and Passwords,
and the use of the same; |
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5.7.3 |
checking of statements; |
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5.7.4 |
your giving of instructions; |
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5.7.5 |
your liability for unauthorised transactions;
and |
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5.7.6 |
the Bank relying and acting on your instructions, |
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also apply to the SMS-Service and to Security
Codes issued under the SMS-Service, subject
to the necessary changes being made in construction,
and as amended by this Clause 5, except where
any such provision is not relevant to the SMS-Service. |
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6. LIABILITY &
INDEMNITY |
| Your giving
of instructions via the Service |
| 6.1 |
For the avoidance of doubt, you
agree that all provisions in the E-Terms relating
to the Bank's liability including qualifications,
exclusions and limitations shall apply to the
SMS-Terms and the SMS-Service. |
| 6.2 |
In particular, you acknowledge
and agree that in addition to the events set
out in the E-Terms for which the Bank is not
liable, the availability and proper functioning
of the SMS-Service is dependent on many variable
circumstances, including location, mobile network
availability and signal strength, proper functioning
of hardware, software and your Mobile Phone,
and the Bank will not be liable for any loss
or damage caused by any unavailability or improper
functioning of the SMS-Service for any reason. |
| 6.3 |
You agree to indemnify
and compensate the Bank for any damages, loss,
expense or liability incurred by the Bank as
a result of any breach by you of this Agreement. |
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7. CHARGES |
| The Bank shall be
entitled to impose separate fees and charges
for the SMS-Service, which may be varied from
time to time by notice to you. |
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8. TERMINATION &
SUSPENSION |
| 8.1 |
You or the Bank shall be entitled
to terminate the SMS-Service at any time by
30 days written notice to the other without
assigning any reason, or by such other mode
of communication as may be prescribed by the
Bank from time to time. |
| 8.2 |
The Bank shall be entitled to
terminate the SMS-Service by immediate notice
upon the occurrence of any of the following
events: |
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8.2.1 |
your breach of any provision of these SMS-Terms; |
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8.2.2 |
your continued access to the SMS-Service poses
any threat to the security, integrity or operations
of the SMS-Service or the Bank, or the information
systems of the Bank or those of its other customers; |
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8.2.3 |
your SMS-Service had remained inactive for
a reasonable period of time; |
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8.2.4 |
the Service or the agreement under the E-Terms
is terminated for any reason; or |
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8.2.5 |
all your Eligible Accounts with the Bank are
terminated or closed. |
| 8.3 |
Without prejudice to
Clauses 4.4 or 4.6, the Bank shall be entitled
to suspend your access to the SMS-Service without
notice where a right of termination by the Bank
exists, and such right of suspension may be
exercised in lieu of termination, or as an additional
remedy before termination. |
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9. EVIDENCE |
| 9.1 |
You agree that all Instructions
transmitted from your Mobile Phone or otherwise
issued by you, though in electronic form: |
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9.1.1 |
are written documents, and you agree not to
dispute or challenge the validity or enforceability
of any Instruction on the grounds that it is
not a written document and you hereby waive
any such right you may have at law; |
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9.1.2 |
are original documents and you agree not to
challenge the admissibility of any Instruction
on the grounds that it is made in electronic
form; and |
| 9.2 |
You acknowledge and
agree that the Bank's records and any records
of your Instructions made or performed, processed
or effected through the SMS-Service by you or
any person purporting to be you, or any record
of transactions relating to the SMS-Service
and any record of any transactions maintained
or by any relevant person authorised by the
Bank relating to or connected with the SMS-Service,
whether stored in electronic or printed form,
shall be binding and conclusive on you for all
purposes whatsoever and shall be conclusive
evidence of the Instructions and transactions
and your liability to the Bank. You hereby agree
that all such records are admissible in evidence
and that you shall not challenge or dispute
the admissibility, reliability, accuracy or
the authenticity of the contents of such records
merely on the basis that such records were incorporated
and/or set out in electronic form or were produced
by or are the output of a computer system, and
hereby waive any of your rights (if any) to
so object. |
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10. FORCE MAJEURE |
| 10.1 |
No party shall be liable for any
failure to perform its obligations under this
Agreement if the failure results from a Force
Majeure Event (defined below). |
| 10.2 |
For purposes of this
Agreement, a "Force Majeure Event"
is an event which is beyond the reasonable control
of a party and shall include acts of God, government,
civil or military authority, civil or labour
disturbance, strikes, criminal or terrorist
activity, wars, fires, explosions, earthquake,
subsidence, storms, floods, disease, epidemic,
or health quarantines. |
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11. 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 the rights of the Bank 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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12. ASSIGNMENT &
SUB-CONTRACT |
| 12.1 |
This Agreement is personal to
you, and you shall not be entitled to assign,
charge or otherwise deal with this Agreement
in any way. |
| 12.2 |
The Bank may at any
time delegate or sub-contract any rights or
obligations under this Agreement to any third
party, and appoint third party agents or sub-contractors
to provide the whole or part of the SMS-Service. |
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13. SEVERABILITY |
| If any provision of
this Agreement is agreed by the Bank and you
to be illegal, void or unenforceable under any
law that is applicable or if any court of competent
jurisdiction in a final decision so determines,
this Agreement shall continue in force save
that such provision shall be deemed to be deleted
with effect from the date of such agreement
or decision or such earlier date as you and
the Bank may agree. |
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