GENERAL TERMS AND CONDITIONS FOR USE OF THE BANK OF SINGAPORE WEB BANKER SERVICES AGREEMENT
Thank you for using the Bank of Singapore Web Banker Service (the Service) offered by Bank of Singapore Limited(the Bank).
If you have any questions about the Service or the general terms and conditions set out in this agreement (the Web Services Agreement), please do not hesitate to contact the Bank directly.
general terms and conditions set out in the Web Services Agreement read
together with the terms and conditions set out in the Services
Agreement entered into between
you and the Bank upon opening of your account with the Bank, constitute
your agreement with the Bank governing your use of the Service. In the
event of any conflict or inconsistency between the Services Agreement
and the terms in this Web Services Agreement, the terms of this Web
Services Agreement shall prevail.
(1)Definitions and Interpretation
words shall have the meanings ascribed to them in the Services
Agreement. In addition, the following words shall have the meanings
Service refers to the Bank of Singapore Web Banker Service provided by the Bank.
User(s)refers to any person(s) authorised or permitted by you to access the Service
You refers to Clients and your and yours shall be construed accordingly.
(2)Description of the Service
Service provided by the Bank allows you or your User(s) access to
information relating to your Account and other information provided by
the Bank which may be of interest to you. At present, the Service does
not permit you to submit orders or instructions to the Bank although
this may be made available in the future at the sole discretion of the
(3)Availability of the Service
Service is intended to be made available to you 24 hours a day, 7 days
a week. However, the Service may from time to time be unavailable due
to systems maintenance, systems malfunction, general unavailability of
the internet or other events beyond the control of the Bank and/or its
third party vendors.
(4) Usernames and Passwords
Bank shall provide you with a default username and password. It is your
responsibility to safeguard and prevent the disclosure of the password
to any other party. You are strongly advised to change the default
username and password immediately upon initial login to the Service.
The Bank may in accordance with its prevailing security policies
require passwords to be of a specified minimum length, and contain a
mix of upper / lower case, alphabets and numeral characters.
(5)Joint Account Holders and Corporate Account Holders
account holders may request the Bank to issue separate usernames and
passwords for each joint account holder. Corporate account holders
(which for the purpose of this paragraph, shall include trusts,
societies, unincorporated associations, and partnerships) may request
the Bank to issue usernames and passwords for multiple Users. The Bank
may in its absolute discretion limit the number of Users that may be
permitted for each corporate account holder.
(6)Security and Reliability of the Service
to the Service is dependant on availability of the internet and the
proper functioning of the computer infrastructure of the Bank and its
third party vendors, and the personal computer being used to access the
Service. While the Bank has taken reasonable precautions to ensure the
security and reliability of the System, the Bank is unable to guarantee
that any information available or transmitted through the Service
(including confidential information on the Account), or communication
from you to the Bank through the System will be transmitted in a secure
and reliable manner. You shall have the obligation and responsibility
of ensuring that the personal computer and software used to access the
Service are suitable, free from virus and sufficiently secure to access
the Service. The Bank shall have the right (but shall not be obliged
to) to suspend or deny you access to the Service if the Bank believes
that the security of your password has been compromised.
statements and information on balances and transactions carried out for
your Account available through the Service are not updated in
“real-time” and are generated through data available to the Bank after
the end-of-day processing of data by the Bank. Hence, such statements
may not necessarily reflect a current or up-to-date view of your
Account. In the event of any conflict between statements available
through the System and printed statements of account or Confirmations
(as set out in Clause A(6) of the Services Agreement), the latter shall
(8)Market Quotations and Rates Data
quotations and rates are obtained from sources (including third party
vendors) which the Bank believes to be reliable and accurate. However,
due to system limitations as well as limitations of third party vendors
that provide data to the Bank, market quotations and rates data may be
delayed, incomplete or inaccurate. You should contact the Bank for
current market quotations and rates prior to making any investment
(9)Financial Calculations, Projections and Calculators
calculations, projections and calculators are provided through the
Service by the Bank as a matter of courtesy and are based on formulas
and financial models which the Bank believes to be reliable and
accurate. The Bank accepts no liability for any loss (including loss of
profits) whatsoever resulting from the use of these financial
calculations , projections and calculators.
(10)Financial Information and Reports
financial information and reports provided through the Service are
addressed solely to the Clients of the Bank and have not been prepared
with any specific risk profile or investment objective in mind. You
should contact your relationship manager prior to making any decision.
The financial information and reports provided should not be construed
or regarded as an offer nor a solicitation to buy, sell or otherwise
deal with any investment product and is not intended for distribution
to, or use by, any person in any jurisdiction, including the United
States, where such investment product is not authorised or registered
for distribution in, or which the dissemination of information on the
investment product is prohibited or restricted by law.
(11)Disclaimer of Liability
Neither the Bank nor any of its agents, third party vendors, employees or servants shall be responsible or liable to you, your agents, employees or servants for any direct or consequential loss :-
out of or in connection with use of the Service, including the use of
financial calculations, projections and calculators, and reliance on
any online statement or information relating to your Account;
a result of loss or damage to the personal computer (including
peripherals, software installed or data stored thereon) used to access
(iii)as a result of your inability to access the Service;
a result of you acting or omitting to act on any financial information
or report, market quotation and rates provided through the System; and
(v)arising out of the improper or unauthorised use of the Service.
undertake and agree to indemnify the Bank on a full indemnity basis
against all present and future stamp duties, taxes (but excluding
taxation on the Bank's profits), levies, losses (direct or
consequential), costs, charges, expenses (including legal costs and
expenses between solicitor and client on a full indemnity basis) and
other liabilities incurred by the Bank as a result of or in connection
with the execution, delivery, registration, performance or enforcement
of this Web Services Agreement or losses and/or damages which the Bank
may incur, including but not limited to losses, damages, costs,
expenses and/or charges arising from the provision of the Service to
indemnities constitute a separate and independent obligation from the
other obligations contained in this Web Services Agreement, shall give
rise to a separate and independent cause of action, shall apply
irrespective of any indulgence granted by the Bank and shall continue
in full force and effect despite any judgment, order, claim or proof
for a liquidated amount in respect of any sum due under this Web
Services Agreement, any judgment or order.No proof or evidence of any actual loss may be required
(13)Withdrawal, Amendment or Suspension of the Service
The Bank reserves the right to withdraw, amend, or suspend the Service or any part thereof at its absolute discretion.
failure or delay on the part of the Bank in exercising any right power
or privilege under this Web Services Agreement shall operate as a
waiver thereof or of any other right, power or privilege of the Bank
nor shall any single or partial exercise of any right, power or
privilege of the Bank preclude any other or further exercise hereof or
the exercise of any other right, power or privilege of the Bank.
invalidity, illegality and enforceability of any of the provisions of
this Web Services Agreement shall not prejudice or affect in any way
the validity, legality or enforceability of the remaining provisions of
this Web Services Agreement.Any term or
provision of this Web Services Agreement that is invalid, illegal or
unenforceable in any jurisdiction shall, as to such jurisdiction only,
be ineffective to the extent of such invalidity, illegality or
unenforceability, without rendering invalid, illegal or unenforceable
the remaining terms and provisions of this Web Services Agreement in
such or any other jurisdiction.
any provision in this Web Services Agreement shall conflict or become
inconsistent with any applicable laws or regulations for the time being
in force or the rules of any relevant authority or body having
jurisdiction over the subject matter of this Web Services Agreement or
its application, then for such purposes (but not further or otherwise)
this Web Services Agreement shall be construed as if such provision
shall have been modified in such manner as the Bank may in its
discretion deem necessary for the purpose of giving the fullest
possible legal effect to this Web Services Agreement.
(16)Applicable Law and Jurisdiction
This Web Services Agreement shall be governed by, and construed in accordance with Singapore law.
hereby irrevocably submit to the non-exclusive jurisdiction of the
Singapore Courts in connection with any action or proceeding that may
arise out of or in connection with this Web Services Agreement or the
Service.Such submission shall not
prejudice the Bank’s right to commence action against you in any other
court of competent jurisdiction.
(17)Alteration, Modification and Variation
Bank reserves the right to add to, to alter, to vary and to modify any
or all of the above conditions at any time at its discretion and any
alterations, variations and modifications shall immediately take effect
upon notification by the Bank to the Client, whether in writing or
through the Service. Use of the Service after such notice shall be
deemed as acceptance of the revised terms. You must cease to use the
Service if you do not accept such revisions.
(18)Exclusion of 3rd Party rights
person who is not a party to this Web Services Agreement shall have no
rights under this Web Services Agreement under the Contracts (Rights of
Third Parties) Act (Chapter 53B).