The Bank of East Asia

Cyberbanking

This document sets out the terms and conditions (as amended, modified and/or supplemented from time to time) (the "Terms") that apply to the use of the SG Cyberbanking Service provided by The Bank of East Asia Limited, Singapore Branch (the "Bank").

To the extent not inconsistent with the Terms, the Bank's Accounts and Services Terms and Conditions (the "General Terms") shall be incorporated into the Terms. If there is any inconsistency between the Terms and the General Terms, the Terms shall prevail. Capitalised terms used but not defined in the Terms shall have the meaning given to them (if any) in the General Terms.


1. Definitions and Interpretation

In the Terms, the following terms, shall, except where the context requires otherwise, have the following meanings:

1.1 "Account", in relation to a Customer, means any account held by the Customer with the Bank that is accessible via the Cyberbanking Service;
1.2 "Authorised Person(s)", in relation to a corporate Customer, means individual authorised by the Customer to deal with the Bank (which may include any User(s)), as communicated by the Customer to the Bank (together with specimen signature(s)) from time to time in such manner as the Bank may require;
1.3 "Banking Act" means the Banking Act (Cap. 19) of the laws of Singapore;
1.4 "Business Day" means a day (other than a Saturday, Sunday or a public holiday in Singapore) on which the Bank is open for business;
1.5 "Customer" means any customer of the Bank (whether individual or corporate) who has entered into an arrangement with the Bank to use the Cyberbanking Service;
1.6 "Cut-Off Time", in relation to any Business Day, means the time on that Business Day prescribed by the Bank (which the Bank may vary from time to time), by which the Bank must receive Instructions if they are to be processed by the Bank within that same Business Day;
1.7 "Cyberbanking Number" means the unique identifier number that pertains to the Customer, which when used with the PIN and OTP, will enable the Customer and the User(s) of the corporate Customer to access and use the Cyberbanking Service;
1.8 "Cyberbanking Service" means the internet banking service that the Bank make available to the Customer through the Internet;
1.9 "Instruction", in relation to a Customer, means, any instructions from the Customer to the Bank given via the Cyberbanking Service, and includes requests or instructions to the Bank for making deposits, withdrawals, transfers, or payments or for information with respect to the Customer's Account(s);
1.10 "Limit", in relation to an Account of a Customer, means any transactional, daily or other limit on the amount that may be paid, transferred or withdrawn by the Customer in a single transaction or a series of transactions using the Cyberbanking Service;
1.11 "One Time Password" or "OTP" means the code generated by the Bank and sent to a mobile device designated by the Customer and accepted by the Bank by short message service, for the purpose of authenticating the identity of the Customer and enabling the Customer using the Cyberbanking Number and the PIN, to access and use the Cyberbanking Service, or for the purpose of authorizing Transactions within the Cyberbanking Service;
1.12 "Personal Identification Number" or "PIN" means the code chosen by the Customer or set by the Bank that when used in conjunction with the Cyberbanking Number and the OTP, will enable the Customer to access and use the Cyberbanking Service;
1.13 "Security Details", in relation to a Customer, means the Customer's Cyberbanking Number, the Customer's PIN and/or any OTP issued by the Bank;
1.14 "Services" means any of the services provided by the Bank to the Customer as part of the Cyberbanking Services, including without limitation, any credit or other banking facilities that may be applied for through the Cyberbanking Services and provided by the Bank to the Customer on such terms as may be determined by the Bank;
1.15 "Transaction" means a transaction effected by the Customer pursuant to or as a result of an Instruction;
1.16 "User(s)", in relation to a corporate Customer, means an individual(s) who is/are designated and appointed by the Customer and accepted by the Bank to access and use the Cyberbanking Service to conduct Transactions and who may be classified into different categories each with different usage rights to initiate or approve different types of Transactions, as may be agreed between the Bank and the Customer;
1.17 "Website" means the website through which the Customer can access the Cyberbanking Service at http://www.hkbea.com.sg;

References to a corporate Customer include a reference to a Customer who is a sole proprietor, partnership, or limited liability partnership or limited partnership.


2. Use of the Cyberbanking Service

2.1 By using the Cyberbanking Service, the Customer is deemed to have read and accept the Terms.
2.2 The Customer shall only be permitted to use the Cyberbanking Service in accordance with the Terms.
2.3 Before being entitled to use the Cyberbanking Service, the Customer must make an application to the Bank on such form and provide such information as the Bank may prescribe. Upon approval of the Customer's application, the Bank shall assign to the Customer a Cyberbanking Number, together with such other account identification(s) in any format as may be prescribed by the Bank from time to time. The Bank shall further assign to the Customer an initial PIN, which the Customer is required to change as soon as possible after receipt. The Customer authorises the Bank to issue the initial PIN by post or by such other means as the Bank may consider appropriate. In the case of a Customer who is an individual, the PIN must be collected by the Customer at the Bank's branch location. In the case of a sole proprietor of a business, the initial PIN may be mailed to the Customer's address, and in the case of a corporate Customer, the initial PIN may be mailed to the Customer's address marked to the attention of the Authorised Person.
2.4 The Bank may at its sole discretion introduce and provide new Services through the Cyberbanking Service from time to time. The Customer can subscribe for the new Services in such manner the Bank may prescribe from time to time by accepting all the terms and conditions of such Services, and providing such other information or documents as may be prescribed by the Bank.
2.5 The Customer may request, in writing or through the Cyberbanking Service, for a change in the PIN from time to time. The issuance of a new PIN by the Bank, the selection of a new PIN by the Customer, or the usage of such new PIN shall not be construed as creating or establishing a new contract between the Customer and the Bank.
2.6 The Customer understands and acknowledges that the Cyberbanking Service is provided by the Bank as an additional means through which the Customer may effect banking transactions with the Bank and shall not be considered a substitute for other method(s) of effecting banking transactions. In the event that the Cyberbanking Service is not available for any reason whatsoever (whether or not such unavailability is or is not within the control of the Bank), the Customer shall have no claim whatsoever against the Bank but shall use other available means to effect banking transactions with the Bank.
2.7 The Bank shall use all reasonable endeavours to ensure that information made available by the Cyberbanking Service is correct and updated at regular intervals. All information with respect to the Customer's Transactions and the Accounts that are provided via the Cyberbanking Service are provided on with an understanding of the inherent risks of the internet medium. The Customer accepts and agrees that, in the event of errors or inaccuracies, information reflected within the Bank's own internal records shall, in the absence of manifest error, prevail over any information provided via the Cyberbanking Service.

3. Security

3.1 Each time the Customer accesses the Cyberbanking Service, the Customer will be required to provide its Cyberbanking Number and PIN. After the PIN is entered, the Bank will, as an additional login authentication measure, generate the OTP and send the same by short message service ("SMS") to a mobile device the number of which is registered by the Customer with the Bank. After the Customer has logged in to the Cyberbanking Service, in case of certain transactions (as may be decided by the Bank), the entry of a further OTP generated by the Bank may be required. The Customer agrees that it shall not be entitled to access the Cyberbanking Service and/or effect any Transaction until it has entered such OTP(s) as may be required by the Bank.
3.2 The Customer agrees that it shall keep all Security Details confidential and take all reasonable precautions to prevent unauthorised or fraudulent use of the Cyberbanking Service.
3.3 The Customer shall not use public access computer terminals, such as those available in internet cafes, or any other shared or unsecured computer or mobile devices to access the Cyberbanking Service unless he is satisfied that there is sufficient internet security arrangements in place. In the event that the Customer chooses to access the Cyberbanking Services through any such unsecured computer or mobile devices, the Customer shall be fully responsible for all loss or damage which it may suffer as a result, and shall further indemnify the Bank against all loss or damage which the Bank may suffer as a result.
3.4 The Customer shall close all other browser windows before logging into the Cyberbanking Service to reduce the risk of unauthorised access from other websites.
3.5 For the Customer's own protection, the Customer agrees that it shall not disclose any of its Security Details to anyone or to any unknown or suspicious websites. The Customer acknowledges that the Bank will never ask the Customer for any of its Security Details in any form or manner, either by email, telephone or in writing. The Customer acknowledges that fraudsters may use various means (including malicious software) to elicit such information and undertakes that if he has reasons to believe that any of its Security Details have been compromised, he shall notify the Bank without any delay.
3.6 The Customer undertakes to change the initial PIN as soon as possible after receipt from the Bank.
3.7 The Customer undertakes to change his PIN immediately if it suspects that the security of the PIN has been compromised.
3.8 The Customer acknowledges that it is a good practice to change the PIN regularly.
3.9 The Customer acknowledges that it is not advisable to write down the PIN in a prominent place, disseminate the PIN by unsecure means of communications (such as emails) or to use the same PIN to access other websites, internet applications or services provided by other parties.
3.10 The Customer agrees to take all reasonable precautions and be alert to the surrounding environment when accessing the Cyberbanking Service to ensure that the Security Details are not inadvertently disclosed or revealed to any other person.
3.11 The Customer undertakes to check the bank balances of the Accounts and information concerning its Transactions for irregular or unauthorised transactions regularly. If the Customer has reason to believe that fraudulent or suspicious Transactions have been carried out on any Account, the Customer undertakes to notify the Bank immediately.
3.12 If the Bank believes that fraudulent or suspicious Transactions are being carried out on an Account, the Bank reserves the right to suspend or withdraw all or part of the Cyberbanking Service.
3.13 The Customer acknowledges that it is important to 'log off' from the Cyberbanking Service using the logout button and to close the browser once it has finished using the Cyberbanking Service. The Customer acknowledges that for added security, the Cyberbanking Service will 'log off' automatically if the Customer's session has been inactive for more than 5 minutes.
3.14 The Customer acknowledges that it will clear the browser cache each time after it accesses the Cyberbanking Service.
3.15 The Customer shall not leave the computer unattended while using the Cyberbanking Service.
3.16 The Customer shall access the Cyberbanking Service only via the Website and shall avoid clicking on any hyperlink embedded in any electronic email, search engines or from any unknown source to access the Cyberbanking Service. It is possible that websites can be 'cloned' to appear like the real site. The Customer shall type the address of the Website carefully into the Customer's browser to access the Cyberbanking Service. If the website appears different in any way, the Customer shall contact the Bank to report the incident as soon as possible.
3.17 The Customer undertakes to avoid adopting a PIN that is easy to guess, that comprises of personal information (such as NRIC number, passport number, telephone number, date of birth, driving licence number or name), or any simple sequence (such as 12345678 or ABCDEFGH) or that involves using the same alphanumeric character more than once (such as 11111111 or A1A1A1A1).
3.18 The Customer shall take reasonable endeavours to remove file and printer sharing options on the Customer's computer, especially when the Customer has internet access via cable modem, broadband connection, wireless connection, or other similar set-ups.
3.19 The Customer shall take precautionary measures to protect the computer which it uses to access the Cyberbanking Service from hacking and virus attacks. The Customer shall regularly update the operating system of its computer with the latest security patches. The Customer shall install proper firewalls, anti-spyware and anti-virus software on its computer and update them with security patches or newer versions on a regular basis to strengthen the security of the Customer's computer. The Customer shall not set the option on its web browser to store passwords. The Customer shall take all reasonable precautions when sending or reading emails, opening attachments, or downloading files and programs. The Customer shall not open attachments received from strangers. The Customer shall not use or install any software or run programs of unfamiliar or suspicious origins. It is recommended that the Customer shall always disconnect from the Internet when the Customer is not using the computer.
3.20 The Customer shall take all precautionary measures to protect the mobile device he uses to receive the OTP and shall never leave it unattended or share it with third parties.
3.21 The Bank shall not in any event be liable for any loss or damage whatsoever suffered by the Customer as a consequence of the Customer's failure to observe and comply with any of the security precautions set out in this Clause 3.

4. Acting on the Customer's Instructions

4.1 The Customer acknowledges that all Instructions transmitted to the Bank through the Cyberbanking Service shall not be considered as having been received and executed by the Bank until the Bank has received and executed such Instructions in accordance with the Bank's usual procedures and practices.
4.2 The Customer authorises the Bank to accept and act on the Instruction the Bank receives through the Cyberbanking Service. The Customer agrees to be bound by all Instructions reasonably received and acted upon by the Bank in good faith. The Bank shall be under no duty to inquire into or verify the authenticity of any Instructions given through the Cyberbanking Service. Beyond the authentication measures set out in the Terms, the Bank shall also be under no duty to authenticate the identity or authority of the person(s) giving or purporting to give such Instructions through the Cyberbanking Service.
4.3 The Bank shall be entitled to treat all Instructions given as fully authorised and binding on the Customer regardless of the circumstances prevailing at the time the Instructions are given or the nature or amount of the Transaction and notwithstanding any error, misunderstanding, lack of clarity, errors in transmission, fraud, forgery or lack of authority in relation to the Instructions. The Customer agrees that the Customer shall be under an express duty to the Bank to prevent any fraudulent, forged or unauthorised Instructions being given.
4.4 All Transactions entered into pursuant to the Instructions given to the Bank through the Cyberbanking Service shall be subject to the terms and conditions governing such Transactions as may be prescribed by the Bank from time to time.
4.5 The amounts that the Customer shall be permitted to transfer through the Cyberbanking Service shall be subject to various daily and/or transaction Limit including but not limited to the withdrawal Limit and signing limit expressed in SGD or its equivalent as published by the Bank from time to time. The Bank shall have the right to impose such restrictions as the Bank thinks fit for the efficient operation of the Cyberbanking Service or for any other reason.
4.6 Given the inherent risks of communications via the Internet, the Customer agrees that the Bank may from time to time in its sole discretion and without any liability whatsoever, refuse to act upon any Instructions or such part thereof as the Bank thinks appropriate, without having to provide in detail the reasons for its refusal.
4.7 In the event that the Bank receives an Instruction that the Bank considers to be inconsistent with any previous Instruction which has not been executed, the Bank may, at its sole and absolute discretion, refuses to act on either of such Instructions unless and until either one of such Instructions has been revoked or withdrawn to the satisfaction of the Bank.
4.8 The Bank shall not be liable for any delay in carrying out the Customer's Instructions if such delay is occasioned by the conduct of checks relating to prevention of money-laundering or terrorist-financing, fraud or crime prevention or other regulatory compliance matters.
4.9 The Bank shall not be responsible for any loss or damage (direct or incidental, and howsoever caused) which the Customer may suffer as a result of a rejection of any Instruction given through the Cyberbanking Service, if the Bank is otherwise lawfully entitled to decline to carry out the Instructions of the Customer.
4.10 The Bank will only accept Instructions given through the Cyberbanking Service insofar as it is (in the Bank's opinion) practicable and reasonable to do so, having regard to its business practices and procedures. The Customer acknowledges that the Bank must comply with all laws, rules, regulations, guidelines, requests and/or recommendations of any government or regulatory authority in Singapore or elsewhere responsible for regulating the conduct of banking business and/or the provision of financial services generally. The Customer agrees that the Bank has the right to impose conditions or vary existing conditions for the provision of the Services or for the acceptance of any Instructions.
4.11 The Bank shall have no responsibility or obligation for any errors or omissions arising from the failure of the Customer to provide or input sufficient or accurate data to enable any Transaction to be effected through the Cyberbanking Service.
4.12 The Bank shall not be obliged to accept Instructions to make payment if there are, at the time of payment, insufficient funds available in the relevant Account from which payment is to be made, nor shall the Bank be obliged to give prior notice to the Customer before refusing such Instructions.

5. Timing of Instruction

5.1 On any Business Day, Instructions received through the Cyberbanking Service before the Cut-Off Time on that Business Day will, in the absence of exceptional circumstances, be processed by the Bank within the same Business Day.
5.2 Instructions received on a Business Day after the Cut-Off Time for that Business Day, and Instructions received at any time on a non-Business Day will, in the absence of exceptional circumstances, be processed by the Bank by the next Business Day.
5.3 If the Bank rejects any instructions, the Customer will receive notification via the Cyberbanking Service or via other means as the Bank considers appropriate.
5.4 In the case of any Transaction involving a fund transfer, whether interbank or intrabank, from an Account held by the Customer to any other account (whether held by the Customer or otherwise), the Bank as the paying bank shall have no responsibility to the Customer as payer as to the time when the funds will be credited to and become available in such other account. In the case of any Transaction involving a fund transfer, whether interbank or intrabank, to an Account held by the Customer from any other account (whether held by the Customer or otherwise), the time when the funds will be credited into and become available in such Account shall be in accordance with the Bank's business practice and procedures. The Bank shall have the right at any time to reverse any credit to such Account if the paying bank fails for any reason to make payment to the Bank.
5.5 The Customer understands that due to the inherent risks of communications through the Internet, even with security arrangements in place, the Internet is not a fully secure or reliable means of communication, and that this is beyond the control of the Bank. The Customer therefore acknowledges that transmission delays or failures, incorrect or incomplete data transmissions, execution delays or failures may be experienced from time to time, and agrees that the Bank will not be held responsible for any loss or damage as a result thereof.

6. Operating Joint Accounts

6.1 If the Account of the Customer is a joint account, the Customer acknowledges that the Cyberbanking Service does not provide for more than one individual to authorise a Transaction and that the Bank is accordingly authorised to act on the Instructions of any one of the holders of that Account, notwithstanding anything provided in the terms and conditions applicable to the joint account, either by virtue of the General Terms or otherwise.
6.2 Where Instructions are given through the Cyberbanking Service in respect of an Account which is a joint account, each and every one of the holders of the joint account shall be bound by these Terms and shall be jointly and severally responsible for all Transactions in the Account. Any notice given to any one of the joint account holders shall be deemed effective notice to all of the joint account holders.
6.3 Notwithstanding any other provisions in the Terms, the Bank reserves the right to reject Instructions given through the Cyberbanking Service or to suspend the Cyberbanking Service for an Account that is a joint account in certain circumstances (including but not limited to the following):

a.    Where the Bank becomes aware that there is a dispute between the joint account holders; or
b.    Where the Bank has been asked or directed (though any means) not to accept Instructions from any of the joint account holders; or
c.    Where the Bank believes, in its sole discretion, that a certain Transaction requires a joint decision by all the joint account holders, and the Instructions do not represent or adequately represent the decision or intent of the joint account holders.

7. Operating Corporate Account

7.1 The provisions in this clause 7 shall apply where the Customer is a corporate customer.
7.2 The Customer shall designate and appoint one or more individuals as Authorised Persons to act on its behalf with respect to the access and use of the Cyberbanking Service by the Customer. The instruction given by such Authorised Persons shall be binding on the Customer. Any Authorised Person may in turn on behalf of the Customer designate and appoint one or more individuals as User(s) (each with different categories of usage rights) to access and use the Cyberbanking Service on behalf of the Customer.
7.3 The Customer undertakes to procure that all Security Details shall be kept securely by its personnel at its own risk. The Customer shall be fully liable and responsible for any loss, claim, damage and cost whatsoever arising from or in connection with any negligence, improper use, misuse, theft or loss of the Security Details and shall keep the Bank fully indemnified in respect thereof.
7.4 The Customer shall exercise due care and good internal control within the Customer's operations from time to time and to use its best efforts to implement segregation of duties between different categories of User(s) when accessing and using the Cyberbanking Service. The Customer shall remain fully responsible for all Instructions and Transactions, whether or not any of the Authorised Persons or User(s) have exceeded the Limits of their authority, in accessing or using the Cyberbanking Service.
7.5 Any notice given to an Authorised Person or a User(s) shall be deemed effective notice given to the Customer.
7.6 Where the Customer is a partnership, limited liability partnership or limited partnership, the Customer shall advise the Bank of any change in its partnership agreement and unless expressly agreed to by the Bank or under any applicable law, the Customer and all partners shall continue to be liable and responsible to the Bank irrespective of any change in the composition of the partnership, limited liability partnership or limited partnership.
7.7 Where the Customer is a limited company or association, the Customer warrants and represents that it has been duly incorporated and in good standing.
7.8 The Customer warrants and represents that all acts, conditions, things required to be done, performed and observed in order that the Terms shall constitute the legal, valid and binding obligations of the Customer and are enforceable in accordance with its terms have been done, performed and observed in strict compliance with all applicable laws and its Memorandum and Articles of Association or other constitutional documents.

8. The Customer's Responsibilities and Liabilities

8.1 The Customer shall as soon as possible notify the Bank in writing of any changes of address, mobile device number used for receiving the OTP or other contact particulars, which the Bank may use for the purpose of sending confirmations and other communications. Until any such change is notified by the Customer and acknowledged by the Bank, the Bank shall be entitled to continue to act on the basis of existing contact information in its possession.
8.2 Without prejudice to other provisions hereof, the Customer agrees to indemnify the Bank against all or any Losses on a full indemnity basis which is directly or indirectly related to or in connection with the use of the Cyberbanking Service, whether such use is authorised or otherwise, except where such Losses arises out of the Bank's gross negligence, fraud or wilful default.
8.3 The Customer must contact the Bank as soon as possible during business hours on a Business Day, if any of the Customer's Security Details have been stolen or are liable to misuse or if the Customer suspects or discovers that there has been unauthorised access to the Customer's Account via the Cyberbanking Service. The Bank may at its discretion require the Customer to confirm in writing the notification made via telephone.
8.4 Until the Customer notifies the Bank of any loss, theft or mis-use of Security Details, the Customer shall be liable for the full amount of all activities resulting from any use of the Cyberbanking Service. After the Bank has been notified that the Customer's Security Details have been lost, stolen or are liable to misuse, the Customer will not have to bear the loss arising from Transactions undertake through any subsequent use of the Cyberbanking Service, except in the following circumstances:

a.    where the Customer has in fact authorised the Transaction; or
b.    the Customer acted in a fraudulent manner; or
c.    the Customer was negligent in safeguarding the Security Details or Account details.
8.5 In the event that there is a dispute regarding a Transaction, the Customer hereby agrees that the Bank may inform the police and the Customer will be required to cooperate with the Bank and the police during any investigations. The Customer hereby agrees and authorises the Bank to provide the police and/or the Bank's insurers with any information that the Bank or the police considers relevant to the investigation.
8.6 The Customer shall be liable for all Transactions and Services undertaken by the Customer under the Cyberbanking Service, and the Bank will not be liable for any error not attributable to the Bank whatsoever therein and any consequence arising therefrom.
8.7 The Customer shall only be able to access the Cyberbanking Service if the computer equipment the Customer uses is compatible with the Bank's minimum technical specifications. For full details of these requirements, the Customer may refer to the Bank's Frequently Asked Questions (FAQ) that is posted on its Website and may also be accessed from within the Cyberbanking Service. The Bank reserves the right to change the minimum technical specifications from time to time. The Customer shall ensure that its computer equipment remains in good working order and is free from viruses and other harmful software or defects.
8.8 All costs and expenses associated with obtaining and maintaining suitable computer equipment to access the Cyberbanking Service shall be borne by the Customer solely.

9. The Bank's Responsibilities and Liabilities

9.1 The Bank shall use all reasonable endeavours to keep the Cyberbanking Service running smoothly. However, the Bank takes no responsibility for, and will not be liable for, the Cyberbanking Service (whether in whole or in part) being temporarily unavailable due to any causes that is beyond the Bank's control, delay or failure of any communication network or any party providing such access, or any other unavoidable events.
9.2 The Bank may provide hyperlinks to other websites which are not under the Bank's control. The Bank does not investigate, verify, monitor or endorse the content, accuracy, or any opinions expressed within these websites. These links are provided for the Customer's convenience only.
9.3 The Bank may, from time to time, temporarily suspend the Cyberbanking Service in order to carry out maintenance work or to implement updates and upgrades. The Bank shall use its best effort to let the Customer know in advance the specific times when the Cyberbanking Service would not be available.
9.4 The Bank shall have the absolute discretion from time to time to determine the scope of the Cyberbanking Service, set or change the daily cut-off time, temporarily or permanently discontinue the operations of the Cyberbanking Service without notice or responsibility to the Customer.
9.5 The Bank reserves the right to modify and/or update the Website from time to time.
9.6 The Bank is not liable for the consequences arising out of inaccurate or incorrect information supplied by the Customer.
9.7 The Bank shall not be liable for any damage to the Customer's computer terminal or equipment or related facilities or any loss or corruption of the Customer's data in connection with the operation of the Cyberbanking Service. The Bank shall not in any event be liable for any indirect, special, incidental or consequential damages arising from or in connection with the provision of the Cyberbanking Service.

10. Disclosure of Information

10.1 The Customer shall consent and permit the Bank and each of its officers to divulge, reveal or disclose any and all customer information or deposit information (as defined in the Banking Act), particulars and information relating to the Customer, any credit facility, Account, Transaction or dealings between the Customer and the Bank, or any Transaction or use of any services by the Customer in connection with or to facilitate the use of the Cyberbanking Service, for any purpose whatsoever:

a.    within the Bank of East Asia Group (including its parent company, other branches or subsidiaries, affiliates and/or associates) or agents;
b.    to the credit bureau as defined in the Banking Act for the purpose of assessing the Customer's credit worthiness or for any other purpose whatsoever as determined by the Bank;
c.    to all government agencies and authorities in Singapore and elsewhere where such disclosure is required by law;
d.    to any agents or contractors or third parties which have agreed to perform works or services (including any outsourced services) for the Bank which require the same for such purpose;
e.    to any person who provides or maintains any part of any system or equipment relevant to the provision of any facility or Service to the Customer;
f.    to any other person at any time:
(i)    which the Bank or any officer in good faith considers to be appropriate and in the interest of the Bank; or
(ii)    in connection with the use and maintenance of any Account or facility;
g.    to any person under a duty of confidentiality to the Bank and/or its affiliates;
h.    to any other financial institution or intermediary with which the Customer has dealings;
i.    to any assignee or transferee of the Bank or participant or sub-participant of the Bank's rights in relation to the Customer;
j.    to any other person as may be required in order for the Bank to comply with any applicable laws, regulatory requirements, orders of courts or tribunal, codes or guidelines and requests or requirements (whether or not having the force of law) of any competent government, quasi-government or regulatory, fiscal or monetary authority and other authorities, bodies or persons whether in Singapore or elsewhere;
k.    to the auditors and legal and other professional advisers of the Bank; or
l.    under the following circumstances:
(i)    if such disclosure is required for the provision of services to the Customer; and/or
(ii)    if such disclosure is required or requested by any relevant governmental or regulatory, agency, department or body, regardless of jurisdiction; and/or
(iii)    if such disclosure is permitted pursuant to the Banking Act (Cap 19) of Singapore or any other applicable law.

11. Fees and Expenses

11.1 The Bank is entitled to levy fees and charges against the Customer to cover costs and expenses arising out of the running and operation of the Account and Service. The Bank reserves the right to revise all fees and charges from time to time with prior notice to the Customer.

12. Contacting the Bank via the SG Cyberbanking Service

12.1 The Customer may send the Bank and the Bank may send the Customer secure email messages via the 'Messages' function which is a secure function within the Cyberbanking Service.
12.2 The message function within the Cyberbanking Service shall only be used for routine communications where time is not of the essence. The message function, in particular, shall not be used for urgent or time-sensitive communications, nor for any of the following purposes:

a.    giving Instructions for Transactions;
b.    giving personal information or updates of personal information;
c.    reporting loss of cheques, PIN and other security matters.

The Bank shall not be responsible for any loss or damage arising from the Customer's failure to comply with the limitations stated herein for the use of the message function.
12.3 All messages to the Customer from the Bank shall be deemed delivered to the Customer from the time the message becomes retrievable, accessible or readable by the Customer whether or not it was in fact retrieved, accessed or read.
12.4 All information submitted to the Bank through the Website shall, to the fullest extent permitted by law, be deemed to be and remain as the Bank's property at all times.

13. Terminating or Suspending Cyberbanking Services

13.1 On the closure of the Account, the Cyberbanking Service for such Account shall be terminated. All outstanding, pending and scheduled Instructions submitted via the Cyberbanking Service for such Account shall be automatically cancelled upon closure of the Account.
13.2 The Customer can notify the Bank at any time, if the Customer no longer wishes to use the Cyberbanking Service, by writing to the Bank or attending in person at the Bank. If the Customer notifies the Bank by any other means, the Bank may ask the Customer to confirm this in writing.
13.3 The Bank may suspend all or any part of the Cyberbanking Service in certain circumstances, including but not limited to the following:

a.    to protect the security of the Cyberbanking Service or the Bank's systems; or
b.    the Bank has reason to believe that there may have been (or there is likely to be) unauthorised or fraudulent use of the Cyberbanking Service.
13.4 The Bank may suspend the Customer's access to the Cyberbanking Service if the Customer does not log in for more than 6 months.
13.5 The Bank shall be entitled to close/terminate any or all the Cyberbanking Service immediately and without prior notice if:

a.    there is any change of law which prohibits or renders the maintenance or operation of any Services or any part thereof illegal; or
b.    the Customer commits any breach of or omits to observe any obligations under the Terms which, in the opinion of the Bank, amounts to a material default on the part of the Customer; or
c.    the Bank's records show that the Customer has maintained no Accounts for such period as the Bank shall prescribe; or
d.    the Bank determines, or has reason to believe that the Customer:
(i)    has passed away; or
(ii)    has become an undischarged bankrupt; or
(iii)    has been convicted in Singapore or elsewhere of an offence for which the Customer has been found to have acted fraudulently, corruptly, or dishonestly.
13.6 The Bank shall act in accordance with the laws, rules, regulations, guidelines, requests, and/or recommendations of public and regulatory organisations or authorities operating in various jurisdictions, which relate to, amongst other things, the prevention of money laundering, terrorist financing, and the provision of financial and/or other services to any persons or entities which may be subject to sanctions. The Bank may take any action (including but not limited to the suspension or closure of the Account(s)) which it, in its sole and absolute discretion, considers appropriate to take in accordance with all such laws, rules, regulations, guidelines, requests, and/or recommendations. Such action may include, but is not limited to, the disclosure, interception, and/or investigation of any payment messages and other information or communications sent to or by the Customer or on the Customer's behalf through the systems of the Bank or any member of the Bank of East Asia group; and making further enquiries as to whether a name which might refer to a sanctioned person or entity actually refers to that person or entity.

14. Limitations

14.1 The information contained on the Website is provided by the Bank. Whilst the Bank uses reasonable endeavours to keep the information up to date and correct, the Bank makes no representations or warranties of any kind, expressed or implied, about (and accept no liability for) the completeness, accuracy, adequacy, security, timeliness, reliability, suitability or availability of any information contained on the Website. The Bank expressly disclaims all liability and responsibility for any lack of completeness, accuracy, adequacy, security, timeliness, reliability, suitability or availability with respect to the information in the Website. The Bank reserves the right to modify the content and/or the design of the Website at any time without notice.
14.2 Any reliance which the Customer places on any information on the Website is strictly at the Customer's own risk.
14.3 The Bank has used reasonable endeavours to ensure, as far as possible, that emails and Instructions sent via the Internet are not subject to interference and remain secure and confidential. The Bank cannot, however, guarantee the absolute security of emails and Instructions sent via the Internet. Messages and Instructions sent via the Internet cannot be guaranteed to be completely secure as possible interception, loss or alternation may occur. We accept no responsibility for such occurrences or for any loss or damage that may arise as a result of such occurrences. By submitting Instructions and making use of the Cyberbanking Service, the Customer is deemed to acknowledge and accept this.
14.4 Save where the law requires, the Bank shall not be liable for any loss or damage, howsoever caused, including without limitation direct or indirect, special, incidental or consequential losses, damages or expenses arising or liability resulting from any failure, act or omission, error, interruption, defect, delay in operation or transmission, computer virus or system failure of the Customer's computer or software, or any internet browser provider, internet access provider, online service provider or by any agent or subcontractor for any of the foregoing.
14.5 Nothing on the Website should be considered as providing financial advice. The Customer is recommended to consult the Customer's own independent financial advisor. In the event that you choose not to seek advice from your own independent financial advisor, you should consider whether the investment product (if any) is suitable for you. The Customer's eligibility for investment products and services offered by the Bank is subject to the determination and/or acceptance by the Bank. The investment products mentioned in the Website are not necessarily obligations of the Bank or guaranteed by the Bank. All investments are subject to risks, including the possibility of loss of the initial sum invested.

15. Right of Waiver

15.1 No indulgence or concession granted by the Bank and no omission or delay on the part of the Bank in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

16. Severability

16.1 If any one or more provisions of the Terms, or any part thereof, shall be declared or adjudged to be illegal, invalid or unenforceable under any applicable law, such illegality or unenforceability shall not vitiate any of the other provisions hereof which shall remain in full force, validity and effect.

17. Amendment

17.1 The Bank may revise any provisions contained in the Terms and/or introduce additional provisions at any time and from time to time after giving such reasonable notice as the Bank may reasonably determine. Such revisions and/or additions thereto shall become effective on a date specified by the Bank and shall be deemed to have been accepted by, and be binding on, the Customer if the Customer continues to use the Cyberbanking Services after such effective date.

18. Contracts (Right of Third Parties) Act

18.1 A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any of its terms.

19. Complaints

19.1 Any complaint or dispute by the Customer in relation to the Bank's method of execution or provision of the Cyberbanking Service, its failure to execute the Customer's Instructions or in relation to any communications from the Bank or otherwise pursuant to the Terms shall be delivered in writing to the Bank's Liaison Officer at 60 Robinson Road, BEA Building, Singapore 068892 either within seven (7) Business Days of the delivery of the communication to the Customer or within the period of response specified by the Bank.
19.2 Where a complaint is received by the Bank pursuant to and in the time specified in clause 19.1 above, the Bank shall investigate such complaint and provide the Customer with a written response. The Customer shall co-operate with the Bank fully in any investigations made by the Bank or its appointees in discharge of its obligations made under this clause.
19.3 The Bank is a member of the Financial Industry Disputes Resolution Centre Ltd ("FIDREC"). In the event the Customer is not satisfied with the Bank's response, the Customer may file a complaint with FIDREC at 112 Robinson Road # 08-01 Singapore 068902, Singapore.

20. General

20.1 The Customer acknowledges and confirms that the Customer has obtained a copy of the Terms before using the Cyberbanking Service. An additional copy of the Terms may be obtained by the Customer from the Bank's Website, at the Bank's branch or by calling the Cyberbanking Help Desk of the Bank.
20.2 The Terms are governed by and construed in accordance with the laws of Singapore. The courts of Singapore shall have exclusive jurisdiction to settle any dispute which may arise out of or in relation to the Terms.
20.3 The Terms are only available in English.
20.4 Words and phrases in the Terms shall be read and construed in accordance with the definitions contained hereto. Where the context permits, the singular includes the plural and vice versa, the masculine includes feminine and neuter and vice versa.