Terms of Use

The Application (defined below) and the Website (defined below), owned and operated by Bank of Singapore Limited (“BOS”), are provided to you, under the following terms and conditions of use (“Terms of Use”). By clicking the “I ACCEPT” button, you are indicating your agreement to be bound by all terms and conditions of these Terms of Use. If you do not accept all the terms and conditions of these Terms of Use, do not click on the “I ACCEPT” button. If you have not been authorised to use this service, do not click on the “I ACCEPT” button.

Access to and use of password-protected and/or secure areas of the Application or the Website are restricted to Authorised Users (defined below) only. You may not obtain or attempt to obtain unauthorised access to such parts of the Application or the Website, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Misuse Act (Cap. 50A) of Singapore.

If you are below 18 years old, you must not use or access the Application or the Website.

  1. DEFINITIONS

    In these Terms of Use, unless the context otherwise requires, the following expressions shall have the following meanings:

    1. "Application” means the software program known as Bank of Singapore Digital Services ,and the Content, services and functions made available thereunder by or on behalf of BOS.

    2. “Authorised Operators”, in relation to a particular Client, refers to the persons, where applicable:

      1. listed as authorised operators or signatories of the relevant Client’s account(s) in the Client’s account opening form with BOS;

      2. listed as authorised operators of the Client in the Client’s application form for the Application and the Website;

      3. as from time to time notified by the relevant Client to BOS in writing or by other means satisfactory to BOS; and/or

      4. whom BOS determines in its sole and absolute discretion are authorised operators of the Client.

    3. “Authorised Users” means Clients and (where applicable) Authorised Operators of Clients, who have been designated as authorised users of the Application and the Website in BOS’s sole and absolute discretion.

    4. “Client” means a customer holding an account with BOS.

    5. “Content” means information and/or any other material (including, data, databases, text, graphics, photographs, animations, audio, music, video, links or other content) displayed on, or provided or made available through, the Website or the Application.

    6. “Personal Data” refers to any data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which BOS has or is likely to have access, including data in BOS’s records as may be updated from time to time. Examples of such Personal Data include the individual’s name, address, national registration identity card (“NRIC”) number or e-mail address.

    7. “Prescribed Equipment” means the tablets and mobile devices prescribed by BOS that the Application may be run on.

    8. “Security Device” means any form of electronic identification or device accompanying a user account issued by or on behalf of BOS for use by the Authorised Users in accessing the Application and/or the Website.

    9. “Third Party Service Provider” means a party other than BOS which provides any function, programme or service accessible through or on the Website and/or the Application.

    10. “User” means user of the Application and/or Website.

    11. “User Materials” means any information, text, graphics, photographs and/or other materials or content submitted by you for inclusion and/or posting through the Website and/or Application.

    12. “Website” means the web and mobile versions of the website on the Internet owned and/or operated by BOS and which is presently at www.digital.bankofsingapore.com or at such other successor or replacement location as may be prescribed by BOS from time to time, and the Content, services and functions made available thereunder by or on behalf of BOS.

  2. LICENCE TO USE APPLICATION

    1. The Application is proprietary to BOS and must not be used other than strictly in accordance with the terms set out herein. If you are an Authorised User and you agree to these Terms of Use by clicking the “I ACCEPT” button, BOS grants to you a personal, limited, non-exclusive, non-transferable, non-sublicensable right to use the Application on a single personal Prescribed Equipment.

    2. BOS reserves all rights not granted hereunder.

    3. For the avoidance of doubt, BOS shall not at any time be obliged to provide any adaptations, enhancements and/or modifications to the Application, including without limitation any updates, patches, bug-fixes and/or upgrades to the Application or any new versions and/or releases of the Application which incorporate new features or functions.

    4. You may not under any circumstances: (i) copy, sell, resell, assign, licence, distribute, transmit, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis, publish or otherwise reproduce the Application or any part thereof in any form by any means; and/or (ii) adapt, modify, decompile, disassemble, localise, port and/or reverse engineer the Application or any part thereof; and/or (iii) remove, obscure or destroy any copyright, trade secret, proprietary or confidential legends or marking of BOS placed upon or contained within the Application; and/or (iv) prepare or develop derivative works based on the Application; and/or (v) use the Application on any hardware, machine or equipment other than the Prescribed Equipment for any purpose other than those permitted under these Terms of Use; and/or (vi) remove, extract, download or copy any software, firmware, program and/or any code of any kind which have been embedded and/or incorporated into the hardware, devices and/or equipment comprised in the Prescribed Equipment. Any breach of the aforesaid restrictions shall result in immediate and automatic termination of all rights and licence granted hereunder. The use restrictions set out herein shall survive the termination of these Terms of Use.

  3. GENERAL CONDITIONS FOR THE USE OF APPLICATION AND WEBSITE

    1. You must comply with our notices, guidelines and operating rules and policies pertaining to the use of the Application and/or the Website which we issue from time to time. These notices, guidelines and operating rules and policies will generally be notified to you via the Website or the Application.

    2. You must also (i) abide by all applicable laws and regulations in your use of the Website and the Application; (ii) not impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) not send, distribute or upload, in any way, data or materials that contain viruses, malicious code or harmful components that may impair or damage the operation of another’s computer or Prescribed Equipment; and (iv) not post, promote or transmit through the Application and/or the Website any unlawful, harassing, libellous, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

  4. RESERVATION OF RIGHT

    1. BOS may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, the Website and/or the Application and shall not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing the Website and/or the Application or any part or feature thereof. The Content may be modified, deleted or replaced from time to time and at any time in the absolute discretion of BOS.

    2. BOS reserves the right, but shall not be obliged to: (i) monitor, screen or otherwise control any activity or Content; (ii) investigate any violation of the terms and conditions contained herein and take any action it deems appropriate; (iii) remove, block, reject or relocate any User Material appearing on or made available through the Website or the Application, (iv) prevent or restrict access of any User to the Website or the Application; and/or (iv) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.

    3. We reserve the right to suspend, terminate or disable your use and/or any user account of yours.

  5. OTHER APPLICABLE TERMS/NEW SERVICES

    1. In addition to these Terms of Use, the use of specific aspects of the Application and/or the Website, more comprehensive or updated versions of the Application and/or the Website and/or any services offered by Third Party Service Providers, may be subject to additional terms and conditions (“Additional Terms”), which will apply in full force and effect

    2. BOS reserves the right (but shall not be obliged) to introduce new products, applications, programmes, services, functions and/or features (collectively “New Services”) to the Application and/or Website. The term “Application” and/or “Website” shall include New Services which are provided through the Application and/or Website respectively at no charge or fee unless otherwise indicated.

    3. All New Services shall be governed by these Terms of Use and may be subject to Additional Terms which you shall be required to agree to before access to and use of such New Services are provided. In the event of any inconsistency between these Terms of Use and the Additional Terms, the Additional Terms shall prevail in so far as the inconsistency relates to the service, product and/or programme in question unless otherwise provided.

  6. SECURITY DEVICE & USER ACCOUNT

    1. BOS may at any time in its absolute discretion forthwith invalidate your user account and any Security Device issued to you without assigning any reason therefor without prior notice and shall not be liable or responsible for any loss or damage suffered by or caused to you or arising out of or in connection with or by reason of such invalidation.

    2. You shall not at any time disclose or allow access to any Security Device to any other party and you shall be responsible and liable for any disclosure or use (whether such use is authorised or not) of the Security Device issued to you. BOS shall not be responsible or liable for any loss, damage or embarrassment incurred or suffered by you or any person by reason of or arising from or as a consequence of using your assigned user account or Security Device and/or in respect of any instructions, operations or transactions effected by you or purported to be effected by you through the Application or Website or using any of BOS’s services.

    3. Any use of or access to the Application and/or the Website and any information, data, instructions or communications (“Communications”) referable to the Security Device issued to you (whether such access, use or Communication is authorised by you or not) shall be deemed to be (a) use or access of the Application and/or Website by you and/or (b) information, data, instructions or communications transmitted and validly issued by you. You shall be bound by any access, use, instructions and/or communications referable to your user account and the Security Device issued to you, and you agree that BOS shall be entitled (but not obliged) to act upon, rely on and/or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. All use and/or access of the Application and/or Website by Authorised Operators shall be deemed the relevant Client’s use and/or access.

  7. ON-LINE IDENTIFICATION

    1. You acknowledge that the Application and Website allow you to interact with other Users (including BOS relationship managers and other personnel) as well as to send Communications and/or communicate with each other.

    2. Whilst BOS uses reasonable efforts to ensure that access to and use of the Application and Website will be given only where a User accesses the Application and/or Website with a valid user account and Security Device, user authentication on the Internet is generally difficult to establish and you hereby accept the risk that on-line activities may be subject to fraudulent or deceptive activity (including but not limited to Users acting under false pretence). BOS cannot and does not: (i) warrant and/or confirm each User's purported identity; and (ii) warrant that Users have not misused their Security Devices or that Users have complied, fully or otherwise, with the terms and conditions of the Terms of Use or any applicable Additional Terms; and consequently, BOS cannot be held liable where there is a dispute or claim involving or relating to the identity of any Users.

  8. ADVERTISING

    1. BOS may attach banners, java applets and/or such other materials to the Website or Application, for the purposes of advertising BOS’s or the Third Party Service Provider’s products and/or services.

  9. DISCLAIMERS

    1. Content and applications from various sources, including third party content providers, may be included or provided through the Website and/or the Application. Neither BOS nor any of its content providers shall be liable for any errors or delays in the Content, or for any actions taken in reliance thereon. Any hyperlink to any other website or webpage is not an endorsement or verification of such website or webpage and should only be accessed at your own risk.

    2. Information displayed on the Website and/or the Application in respect of clients’ portfolios are not real-time and only show the positions as of the close of business on the previous day in Singapore for Singapore-booked accounts and in Hong Kong for Hong Kong-booked accounts. Hence, such information may not necessarily reflect a current or up-to-date view of clients’ portfolios.

    3. Due to rounding, numbers presented or displayed on the Website and/or the Application may not add up precisely to the totals provided and percentages may not precisely reflect the absolute figures.

    4. General Cross-Border Disclaimer: The Application is not intended to be marketed or offered in any jurisdiction where such marketing or offering is prohibited. Any and all information relating to any investment products made available on this Application does not constitute an offer or solicitation to any person in any jurisdiction. Such information may not have been reviewed by any regulatory authority in your jurisdiction or any other jurisdiction. You are advised to exercise caution in relation to such information and investment products. If in any doubt about any of the contents of such information, you should discuss with your relationship manager at BOS or obtain independent professional advice. India: BOS is not, and will not be, liable for any losses that could occur as a result of you using the Application. The Application is being made available on an as is where is basis. You acknowledge and agree that you are using the Application at your own volition. Indonesia: The offering of the Application is not registered under the Indonesian Capital Market Law and its implementing regulations, and is not intended to constitute a public offering of securities under the Indonesian Capital Market Law and its implementing regulations. Accordingly the Application may not be offered or sold, directly or indirectly, within Indonesia or to citizens (wherever they are domiciled or located), entities or residents, in any manner which constitutes a public offering of securities under the Indonesian Capital Market Law and its implementing regulations. Japan: The Application is not intended to, and shall not, be used by Japanese investors. BOS may refuse to allow you to use the Application if BOS suspects that you are a resident of Japan. Malaysia: BOS does not hold any licence, registration or approval to carry on any regulated business in Malaysia (including but not limited to any businesses regulated under the Capital Markets and Services Act 2007 of Malaysia), nor does it hold itself out as carrying on or purport to carry on any such business in Malaysia. Any services provided by BOS to residents of Malaysia are provided solely on an offshore basis from outside Malaysia, either as a result of “reverse enquiry” on the part of the Malaysian residents or where BOS has been retained outside Malaysia to provide such services. As an integral part of the provision of such services from outside Malaysia, BOS may from time to time make available to such residents documents and information making reference to capital markets products (for example, in connection with the provision of fund management or investment advisory services outside of Malaysia). Nothing in such documents or information is intended to be construed as or constitute the making available of, or an offer or invitation to subscribe for or purchase any such capital markets product. Switzerland: The information contained in the modules of this Application are only available to investors resident in Switzerland. By agreeing to the use of this Application, you certify that you are an investor domiciled in Switzerland, that you are not a US citizen or US person (as defined pursuant to Regulation S of the U.S. Securities Act of 1933 and/or the U.S. Commodity Exchange Act) and that you have read, understood and accepted the legal terms and conditions following below. You also certify that you have concluded a long-term and remunerated advisory and/or discretionary management agreement in writing with BOS Therefore, any information, research material and investment ideas contained in the modules of this Application and concerning financial products are provided on a personalised basis within the strict limits of the duly established personalised advisory and/or discretionary management agreement. You acknowledge that you are not permitted to transmit or redistribute any information, research material and investment ideas contained in the modules of this Application, in whole or in part, to any third party, as well as to facilitate access to the modules of this Application to any such third party. The provided information on the modules of this Application does not constitute an offer, advertising or solicitation to buy financial products by any person in any jurisdiction in which such offer, advertising or solicitation would be unlawful or in which BOS making such an offer, advertising or solicitation is not qualified to do so. Taiwan: The services through the Application offered by BOS has not been and will not be approved with the Financial Supervisory Commission of Taiwan, the Republic of China pursuant to applicable laws and regulations and such services may not be offered in Taiwan, the Republic of China. No person or entity in Taiwan, the Republic of China has been authorized to offer the services through the Application in Taiwan, the Republic of China. United Arab Emirates: The Application is not being offered in the United Arab Emirates or through a United Arab Emirates server, and does not rely on any IT infrastructure located in the United Arab Emirates. Marketing materials should not be passed to any person other than the original recipient.

    5. Moody’s Ratings

      1. Proprietary Notice; Ratings provided solely for Client’s internal or personal use; No Redistribution to Third Parties.

        RATINGS PROVIDED BY MOODY’S CORPORATION, MOODY’S INVESTORS SERVICE, INC., MOODY’S ANALYTICS, INC. AND/OR THEIR LICENSORS AND AFFILIATES (COLLECTIVELY, “MOODY’S”) AND DISPLAYED BY BOS ON THE APPLICATION AND WEBSITE (“MOODY’S RATINGS”) ARE PROPRIETARY TO MOODY’S AND ARE SO FURNISHED FOR YOUR EXCLUSIVE USE. NO MOODY’S RATINGS SO DISPLAYED MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, DISTRIBUTED, REDISTRIBUTED, SOLD, RESOLD, LEASED, RENTED, LICENSED, SUBLICENSED, ALTERED, MODIFIED, ADAPTED, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY YOU, YOUR AUTHORISED OPERATORS OR ANY OTHER PERSON OR ENTITY.

      2. No Warranties; Limitation on Liability; Liability Cap.

        Moody’s Ratings displayed on the Application and the Website are obtained by BOS from sources believed by it to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, however, all Moody’s Ratings are provided "AS IS” without warranty of any kind, and BOS AND MOODY’S, IN PARTICULAR, MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU, YOUR AUTHORISED OPERATORS OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR AVAILABILITY OF ANY SUCH MOODY’S RATINGS.

        To the extent permitted by law, under no circumstance shall BOS (or Moody’s) have any liability to you or your Authorised Operators for (a) any loss, damage or other injury in whole or in part caused by, resulting from or relating to, any error (negligent or otherwise), or any other circumstance or contingency within or outside the control of BOS or any of its directors, officers, employees or agents, or Moody’s, in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication or delivery of any Moody’s Ratings, or (b) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR COMPENSATORY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), EVEN IF BOS SHALL HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, IN EITHER CASE CAUSED BY, RESULTING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY MOODY’S RATINGS, or (c) based on an allegation that BOS (or Moody’s) owes a duty of care to you or your Authorised Operators or any other person or entity. Without limiting the foregoing, in no event shall the total liability of BOS or Moody’s in the aggregate to you and/or your Authorised Operators arising from your use or your Authorised Operators’ use of the Moody’s Ratings (based on any cause of action whatsoever) exceed the fees actually paid by you to BOS within the twelve (12) month period immediately preceding the date upon which the relevant claim accrued.

        CREDIT RATINGS ISSUED BY MOODY'S INVESTORS SERVICE, INC. AND ITS RATINGS AFFILIATES (“MIS”) ARE MOODY’S CURRENT OPINIONS OF THE RELATIVE FUTURE CREDIT RISK OF ENTITIES, CREDIT COMMITMENTS, OR DEBT OR DEBT-LIKE SECURITIES, AND CREDIT RATINGS AND RESEARCH PUBLICATIONS PUBLISHED BY MOODY’S (“MOODY’S PUBLICATIONS”) MAY INCLUDE MOODY’S CURRENT OPINIONS OF THE RELATIVE FUTURE CREDIT RISK OF ENTITIES, CREDIT COMMITMENTS, OR DEBT OR DEBT-LIKE SECURITIES. MOODY’S DEFINES CREDIT RISK AS THE RISK THAT AN ENTITY MAY NOT MEET ITS CONTRACTUAL, FINANCIAL OBLIGATIONS AS THEY COME DUE AND ANY ESTIMATED FINANCIAL LOSS IN THE EVENT OF DEFAULT. CREDIT RATINGS DO NOT ADDRESS ANY OTHER RISK, INCLUDING BUT NOT LIMITED TO: LIQUIDITY RISK, MARKET VALUE RISK, OR PRICE VOLATILITY. CREDIT RATINGS AND MOODY’S OPINIONS INCLUDED IN MOODY’S PUBLICATIONS ARE NOT STATEMENTS OF CURRENT OR HISTORICAL FACT. MOODY’S PUBLICATIONS MAY ALSO INCLUDE QUANTITATIVE MODEL-BASED ESTIMATES OF CREDIT RISK AND RELATED OPINIONS OR COMMENTARY PUBLISHED BY MOODY’S ANALYTICS, INC. CREDIT RATINGS AND MOODY’S PUBLICATIONS DO NOT CONSTITUTE OR PROVIDE INVESTMENT OR FINANCIAL ADVICE, AND CREDIT RATINGS AND MOODY’S PUBLICATIONS ARE NOT AND DO NOT PROVIDE RECOMMENDATIONS TO PURCHASE, SELL, OR HOLD PARTICULAR SECURITIES. NEITHER CREDIT RATINGS NOR MOODY’S PUBLICATIONS COMMENT ON THE SUITABILITY OF AN INVESTMENT FOR ANY PARTICULAR INVESTOR. MOODY’S ISSUES ITS CREDIT RATINGS AND PUBLISHES MOODY’S PUBLICATIONS WITH THE EXPECTATION AND UNDERSTANDING THAT EACH INVESTOR WILL, WITH DUE CARE, MAKE ITS OWN STUDY AND EVALUATION OF EACH SECURITY THAT IS UNDER CONSIDERATION FOR PURCHASE, HOLDING, OR SALE.

        MOODY’S CREDIT RATINGS AND MOODY’S PUBLICATIONS ARE NOT INTENDED FOR USE BY RETAIL INVESTORS AND IT WOULD BE RECKLESS FOR RETAIL INVESTORS TO CONSIDER MOODY’S CREDIT RATINGS OR MOODY’S PUBLICATIONS IN MAKING ANY INVESTMENT DECISION. IF IN DOUBT YOU SHOULD CONTACT YOUR FINANCIAL OR OTHER PROFESSIONAL ADVISER.

      3. Moody’s Rights to Data.

        You agree and acknowledge that the Moody’s Ratings are and shall remain the valuable intellectual property owned by, or licensed to, Moody’s and that no proprietary rights are being transferred to you in any materials or in any of the information contained therein. You agree that misappropriation or misuse of such materials shall cause serious damage to Moody’s and that in such event money damages may not constitute sufficient compensation to Moody’s; consequently, you agree that in the event of any misappropriation or misuse, Moody’s shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which Moody’s may be entitled.

      4. Securities Disclosures

        Moody’s Investors Services, Inc. (“MIS”), a wholly-owned credit rating agency subsidiary of Moody’s Corporation (“MCO”), hereby discloses that most issuers of debt securities (including corporate and municipal bonds, debentures, notes and commercial paper) and preferred stock rated by MIS have, prior to assignment of any rating, agreed to pay to MIS for the appraisal and rating services rendered by it fees ranging from $1,500 to approximately $2,500,000. MCO and MIS also maintain policies and procedures to address the independence of MIS's ratings and rating processes. Information regarding certain affiliations that may exist between directors of MCO and rated entities, and between entities who hold ratings from MIS and have also publicly reported to the SEC an ownership interest in MCO of more than 5%, is posted annually at www.moodys.com under the heading "Investor Relations -- Corporate Governance -- Director and Shareholder Affiliation Policy."

        You expressly agree, on behalf of yourself and your Authorised Operators, that (a) the credit ratings and other opinions, and valuations, quotes, statistical, quantitative or other information contained in the Application and the Website are, and will be construed solely as, statements of opinion and not statements of fact or recommendations to purchase, hold or sell any securities, (b) the Moody’s Ratings will be weighed solely as one factor in any investment decision made by or on behalf of you and your Authorised Operators, and (c) you and your Authorised Operators will accordingly make your own study and evaluation of each security, and of each issuer and guarantor of, and each provider of credit support for, each security that you may consider purchasing, holding or selling. You agree, on behalf of yourself and your Authorised Operators, that (i) none of the credit ratings and other opinions, and valuations, quotes, statistical, quantitative or other information contained in the Application and the Website, or any statements or disclosures by Moody’s regarding the foregoing, shall create any duty of care on the part of Moody’s or any Moody’s affiliate to you or your Authorised Operators, (ii) neither Moody’s nor any Moody’s affiliate is acting as a financial adviser to you, and (iii) none of the credit ratings and other opinions, and valuations, quotes statistical, quantitative or other information contained in the Application and the Website or statements or other communications supplied by Moody’s or any of its employees, representatives or agents shall constitute a representation or a warranty, or the provision of investment advice.

      5. Not a Real-Time Service

        You acknowledge and understand that the Moody's Ratings Delivery Service is not a real-time service, and that it may not reflect the most recent changes to ratings and other information published by Moody’s Investors Service (“MIS”), until MIS completes its regularly scheduled updates to the service. Users of this service must refer to the official MIS press release announcements of ratings and related changes available on its website to receive up to date information.

    6. Proprietary data (the “S&P Data”) of S&P Global Market Intelligence LLC (“S&P”)

      1. You represent that you and your Authorised Operators will not redistribute the S&P Data displayed on the Application and the Website in any form or manner to any third party. Use of the S&P Data shall only be by employees of BOS and solely for internal business purposes or personal, non-commercial use, as permitted in BOS’s agreement with MSCI Inc. (“MSCI”) or S&P.

      2. You represent that you and your Authorised Operators will not use or permit anyone else to use the S&P Data to create any securities products or indices based on the S&P Data or any portion thereof.

      3. You represent that you and your Authorised Operators will treat the S&P Data as proprietary to MSCI and S&P, and/or their affiliates, and/or their third party providers. Further, you and your Authorised Operators acknowledge that MSCI and S&P, and/or their affiliates, and/or their third party providers are the sole and exclusive owners of the S&P Data (including all trade secrets, copyrights, trademarks and other intellectual property rights in or to the S&P Data).

      4. You represent that you and your Authorised Operators will not (i) alter, modify or adapt any component of the S&P Data, including, but not limited to, translating, decompiling, disassembling, reverse engineering or creating derivative works; or (ii) use the S&P Data to verify the accuracy of other data or to correct such other data; or (iii) resell or otherwise transfer or make the S&P Data, or any part or component thereof, available to any other person or organization (including, without limitation, your present and future parents, subsidiaries or affiliates) directly or indirectly, for any of the foregoing or for any other use, including, without limitation, by loan, rental, service bureau, external time sharing or similar arrangement.

      5. You acknowledge that (i) S&P or MSCI may, in its sole and absolute discretion and at any time, terminate your and your Authorised Operators’ right to receive and/or use the S&P Data; and (ii) provision of the S&P Data is subject to termination in the event that the relevant agreement between BOS and MSCI or S&P is terminated in accordance with its terms.

      6. You acknowledge that S&P or MSCI as a third party beneficiary of the provisions of this Clause 9.6 is entitled to enforce all provisions of this Clause 9.6 relating to the S&P Data.

      7. THE S&P DATA ARE PROVIDED TO YOU ON AN "AS IS" BASIS. BOS, ITS INFORMATION PROVIDERS, AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY OF THE S&P DATA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE S&P DATA (OR THE RESULTS TO BE OBTAINED BY THE USE THEREOF). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BOS, ITS INFORMATION PROVIDERS AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING ANY OF THE S&P DATA EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ORIGINALITY, ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

      8. YOU ASSUME THE ENTIRE RISK OF ANY USE YOU OR YOUR AUTHORISED OPERATORS MAY MAKE OF THE S&P DATA. IN NO EVENT SHALL BOS, ITS INFORMATION PROVIDERS OR ANY THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY OF THE S&P DATA, BE LIABLE TO YOU, YOUR AUTHORISED OPERATORS OR ANY OTHER PERSON, FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THESE TERMS OF USE OR YOUR OR YOUR AUTHORISED OPERATORS’ INABILITY TO USE THE S&P DATA, REGARDLESS OF THE FORM OF ACTION, EVEN IF BOS, ANY OF ITS INFORMATION PROVIDERS, OR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY OF THE S&P DATA HAS BEEN ADVISED OF OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES.

      9. You and your Authorised Operators agree to indemnify and hold harmless BOS, its information providers, and any other third party involved in or related to the making or compiling of the S&P Data, from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in any manner out of your or your Authorised Operators’ use of, or inability to use, the S&P Data or any breach by you or your Authorised Operators of the use restrictions regarding the S&P Data.

    7. Database (“CUSIP Database”) of CUSIP Global Services

      1. You and your Authorised Operators agree and acknowledge that the CUSIP Database and the information contained therein (including without limitation CUSIP standard numbers, CUSIP standard descriptions, CGS, ISINs, CINS numbers, and other information about financial instruments) (“CGS Data”) is and shall remain valuable intellectual property owned by, or licensed to, CUSIP Global Services ("CGS") and the American Bankers Association ("ABA"), and that no proprietary rights are being transferred to you or your Authorised Operators in such materials or in any of the information contained therein. Any use by you or your Authorised Operators outside of the clearing and settlement of transactions requires a license from CGS, along with an associated fee based on usage. You and your Authorised Operators agree that misappropriation or misuse of such materials will cause serious damage to CGS and ABA, and that in such event money damages may not constitute sufficient compensation to CGS and ABA; consequently, you and your Authorised Operators agree that in the event of any misappropriation or misuse, CGS and ABA shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which CGS and ABA may be entitled.

      2. You and your Authorised Operators agree that you and your Authorised Operators shall not publish or distribute in any medium the CUSIP Database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal clearing and settlement of security transactions. You and your Authorised Operators further agree that the use of CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a master file or database of CUSIP descriptions or numbers for itself or any third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, DB, INTERNET, ELECTRONIC, CD-ROM Services and/or any other future services developed by the CGS.

      3. NEITHER CGS, ABA NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO YOU AND YOUR AUTHORISED OPERATORS ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER CGS, ABA NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CGS, ABA OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, CGS AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.

      4. You and your Authorised Operators agree that the foregoing terms and conditions in Clauses 9.7.1 to 9.7.3 shall survive any termination of your right of access and the right of access of your Authorised Operators to the materials identified above.

      5. In addition to the terms in Clauses 9.7.1 to 9.7.4 above, you and your Authorised Operators acknowledge that in addition to the Website, BOS may also provide Desktop Users with the ability to download, on an ad-hoc basis, limited portions of CGS Data solely for their own individual use on their desktop/computing devices. “Desktop User” means each Authorised User receiving CGS Data for use on his/her own desktop/computing device.

      6. You and your Authorised Operators agree to procure the Desktop Users’ compliance of the following terms and conditions:

        · each such Desktop User must be issued a unique password. No transferring or sharing of passwords shall be permitted;
        · each Desktop User may download CGS Data to a desktop/computing device used solely for his or her individual use and not for any centralized, interdepartmental or shared use;
        · once downloaded to a Desktop User’s desktop/computing device, the CGS Data must remain on such Desktop User’s desktop/computing device and may not be uploaded, copied, transferred to, stored or managed in any other desktop/computing device, including that of another Desktop User, or any device, directory, database or other repository that is shared or can be accessed by others (e.g. the download functionality may not be used to populate master security databases); and
        · each Desktop User may download CGS Data only as a convenience in connection with his or her use of the Application and not as an alternative to obtaining the CGS Data from and/or pursuant to an agreement with CGS.
      7. You and your Authorised Operators acknowledge that all access to the CGS Data under these Terms of Use is expressly conditioned on the effectiveness of the agreement between BOS and CGS and will automatically terminate upon termination of the licence granted by CGS to BOS.

      8. You and your Authorised Operators further acknowledge and agree that BOS shall terminate all access to the CGS Data under these Terms of Use as soon as possible after receipt of written notice from CGS that your right of access or the access of your Authorised Operators or Desktop Users has been terminated by CGS.

  10. NO WARRANTY

    1. The Application, Website, Content and all Security Devices are provided “as is” and “as available”. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, IS GIVEN IN CONJUNCTION WITH THE APPLICATION, SERVICE, WEBSITE, OR ANY INFORMATION AND MATERIALS PROVIDED AT THE WEBSITE OR THROUGH THE SERVICE. Without prejudice to the generality of the foregoing, BOS does not warrant: (i) the accuracy, timeliness, adequacy or completeness of the Content; (ii) that your use of and/or access to the Website and/or the Application, or the operation of the Website and/or the Application, will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that the Application, Website and/or Content will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; and (iv) that use of the Website, Application and/or the Content by you will not infringe rights of third parties.

    2. In addition, BOS makes no warranty regarding any applications, products or services that may be or which are purchased or obtained or any transactions entered into through the Application or the Website.

    3. You acknowledge and agree that BOS does not warrant the security of any information transmitted by or to you using the Application or Website and you hereby accept the risk that any information transmitted or received using the Application or Website may be accessed by unauthorised third parties and/or disclosed by BOS and by its officers, employees or agents to third parties purporting to be you or purporting to act under your authority.

    4. You will not hold BOS or any of its officers, employees or agents responsible or liable, in contract, tort (including negligence or breach of statutory duty), equity or otherwise, for any such access or disclosure or for any damages, losses, expenses or costs (whether direct or indirect, or whether foreseeable or not) suffered or incurred by you as a result of any such access or disclosure.

  11. USER MATERIALS

    BOS neither endorses nor assumes any responsibility for the contents of your transmissions or communications through the Website and/or Application and you are solely responsible therefor. You warrant and represent that you have the right and authority to submit your User Materials and that your User Materials do not infringe the intellectual property rights or any other rights of any third party. You hereby grant to BOS a non-exclusive, world-wide royalty-free, irrevocable licence and right to host, transmit, distribute or use (which will include without limitation, the right to copy, reproduce and/or publish) the User Materials in connection with the provision of the Website and/or Application to you and for the purposes you have instructed or requested.

  12. DATA PRIVACY AND CONFIDENTIALITY

    1. BOS’s privacy policy explains how BOS treats your Personal Data when you access and/or use the Website or Application. By accessing and using the Website or Application, you consent to BOS, its related corporations, and their respective agents, authorised service providers and business partners (collectively, the “BOS Representatives”) collecting (including by way of recorded voice calls), using and disclosing your Personal Data for purposes set out in BOS’s data protection policy (which may be found at http://www.bankofsingapore.com/en-us/policies-security), as may be updated and/or amended by BOS from time to time, and which you confirm you have read, understood and agreed to.

    2. You consent to receiving SMS OTP (being a one-time use personal identification number assigned by BOS through short message service to be used for access to the Website and/or the Application) as Security Devices for yourself and you consent to your mobile number(s) being used by BOS for the purposes of providing the SMS OTP to you.

    3. You consent to your mobile number(s) and email address(es) being used by BOS for the purposes of providing you with alerts and notifications which are determined by BOS from time to time as being relevant or useful to you.

    4. In addition, you consent to BOS’s systems being programmed to gather certain anonymous data to help BOS understand how the Website, Application and/or Content are being used and how we can improve it. This automatically gathered data includes your computer’s IP or “Internet Protocol” address, statistics about how you navigate through the Website, Application and/or Content, and information provided through the use of “cookies”.

  13. LIMITATION OF LIABILITY

    1. BOS shall in no event nor for any reason whatsoever be liable, even if BOS has been advised of the possibility of such damages, losses or expenses, for any damages, loss or expense, including direct, indirect, special, or consequential damage, or economic loss, arising from or in connection with (i) any access, use or the inability to access or use the Application, Content or Website; (ii) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; (iii) any use of or access to any other website or webpage linked to the Website or provided through the Application; (iv) any services, products, information, data, software or other material obtained or downloaded from the Website or the Application or from any other website or webpage linked to the Website and/or Application or from any other party referred by the Website and/or the Application, or through the use of the Website and/or Application, or (v) your use or misuse of the Website and/or Application. In no event shall BOS be liable to you, or any other party for damages arising in connection with the downloading or installation of, or the inability to download or install the Application, or a product from the Website, by you or other third party.

  14. INTELLECTUAL PROPERTY

    1. All copyright and other intellectual property and proprietary rights in the Content belong to BOS or the applicable Third Party Service Provider unless otherwise indicated. You may access the Content provided that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, copy, reproduce, distribute, modify, transmit, reuse, re-post, or use the Content without BOS’s or the relevant Third Party Service Provider’s prior written permission. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website and/or the Application are registered and unregistered Trademarks of BOS and where applicable, other third party proprietors identified on Website and/or Application. No right or licence is given to any party accessing Website or the Application to download, reproduce or use any such Trademarks.

  15. NO LINKING

    You may not, without BOS's prior written permission, insert a hyperlink to the Website (or any part thereof) (other than as provided in the foregoing provision) on any other website or webpage or “mirror” any material contained on the Website on any other server and you may not establish and/or maintain, on any website or webpage, any in-links, frame-links and/or any other type of hyperlinks to Website or any part thereof (including without limitation any webpages, images, video, audio, graphics, text, code, program and/or any other material on Website).

  16. TRANSACTIONS WITH THIRD PARTIES

    Under no circumstances shall it be construed that, in case of the services, products or programmes of any third party, BOS is a party to any transaction, if any, between you and such third party or that BOS endorses, sponsors, certifies, or is involved in the provision of such services, products, applications or programmes accessible at the Website or through the Application and BOS shall not be liable in any way for any products obtained and/or purchased from or services rendered by any such third party which shall be the sole responsibility of the relevant third party.

  17. TERMINATION

    1. BOS, in its sole discretion, may with immediate effect upon giving you notice in any of the manners prescribed in Clause 19 below, terminate your right to access and/or use the Application and/or the Website and/or invalidate your user account and/or Security Device(s) and may bar access to the Website (or any part thereof) and/or the Application (or any part thereof) for any reason whatsoever, including without limitation, a breach of any of the terms and conditions of these Terms of Use.

    2. You may terminate these Terms of Use by giving seven (7) days notice in writing to BOS.

    3. Upon termination of these Terms of Use for any reason whatsoever:

      (a) all rights and/or licences granted to you under these Terms of Use shall immediately cease and terminate and you shall forthwith cease the use of the Website and the Application in any way whatsoever and you shall procure your directors and employees to observe the same restriction; and

      (b) you shall forthwith: (i) uninstall the Application; (ii) return to BOS the Application and/or any other materials, documents and media containing any portion of the aforesaid and all copies thereof, which are then in your possession, custody or control; and (iii) furnish BOS with a certificate, certifying that no copies of the Application or any part thereof have been made, reproduced, retained or distributed.

    4. Termination of these Terms of Use for any reason:

      (a) shall not affect your obligation to make full payment of any fees payable if such fee has not already been paid; and

      (b) shall not bring to an end your obligations under any provisions of these Terms of Use which are meant to survive the termination.

  18. AMENDMENTS TO TERMS OF USE

    1. BOS may impose such further terms and conditions and make such amendments to these Terms of Use as BOS may in its discretion deem fit from time to time (including terms or amendments allowing BOS to charge or revise fees for the use of the Application, Website and/or Content). BOS will notify you of such amendments by posting the amendments on-line at the Website or such other method of notification as may be designated by BOS (such as via email or other forms of electronic communications), which you agree shall be sufficient notice for the purpose of this clause. If you do not agree to be bound by the amendments, you shall immediately cease all access and/or use of the Application, Website and Content. You further agree that if you continue to use and/or access the Application, Website and/or Content after being notified of such amendments to these Terms of Use, such use and/or access shall constitute an affirmative: (1) acknowledgement by you of these Terms of Use and its amendments; and (2) agreement by you to abide and be bound by these Terms of Use and its amendments.

    2. Without prejudice to the generality of Clause 21.7 below (rights of third parties), the parties’ rights to vary, amend or rescind these Terms of Use may be exercised without the consent of any person or entity who is not a party to these Terms of Use.

  19. NOTICES

    1. Any notice or other communication in connection with these Terms of Use: (a) may be given personally, by post, facsimile or electronically if sent to the address or facsimile number then most recently notified by the recipient to the sender; (b) if given personally, will be deemed to have been received upon delivery; (c) by post, will be deemed to have been received on the second day following posting; (d) if given by facsimile, will be deemed to have been received upon production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient; and (e) (i) if given by us to you electronically, will be deemed to have been received upon delivery (and a delivery report received by us will be conclusive evidence of delivery even if the communication is not opened by you) and (ii) if given to us electronically, will be deemed to have been received upon being opened by us.

  20. FORCE MAJEURE

    1. BOS shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in the Application’s or the Website’s operation, or for any inaccuracy, unreliability or unsuitability of the Contents if due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (including acts of God, natural disasters, epidemics, acts of war or terrorism, acts of any government or authority, power failures, acts or defaults of any telecommunications network operator or carriers and the acts or a party for whom BOS is not responsible for).

  21. GENERAL

    1. You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.

    2. These Terms of Use will bind you and us and our respective successors in title and assigns. These Terms of Use will continue to bind you notwithstanding any change in our name or constitution or our merger, consolidation or amalgamation with or into any other entity (in which case these Terms of Use will bind you to our successor entity).

    3. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable (whether in whole or in part), such provision shall be struck and severed from these Terms of Use and the remaining provisions of these Terms of Use shall not be affected thereby.

    4. No failure or delay to exercise our rights under these Terms of Use shall operate as a waiver thereof nor shall such failure or delay affect our right to enforce our rights under these Terms of Use.

    5. If these Terms of Use are translated into a language other than English, the English text shall prevail. These Terms of Use and our relationship is governed by and construed in accordance with Singapore law. You submit to the non-exclusive jurisdiction of the courts of Singapore.

    6. You acknowledge and agree that BOS's records and any records of the communications, transactions, instructions or operations made or performed, processed or effected through the Application and/or Website by you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent, or any record of communications, transactions, instructions or operations relating to the operation of the Application or Website and any record of any communications, transactions, instructions or operations maintained by BOS or by any relevant person authorised by BOS relating to or connected with the Application and/or Website shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations.

    7. Except as provided in Clause 9.6.6, no person or entity who is not a party to these Terms of Use shall have any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or other similar laws to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms of Use.

    8. You agree and acknowledge that these Terms of Use and the services provided or made available thereunder do not include the provision of Internet access or other telecommunication services by BOS. Any Internet access or telecommunications services (such as mobile data connectivity) required by you to access and use the Application and/or Website shall be your sole responsibility and shall be separately obtained by you, at their own cost, from the appropriate telecommunications or internet access service provider.

  22. QUERIES OR PROBLEMS RELATING TO USE OF THE APPLICATION OR WEBSITE

    If you have any queries or problems relating to or arising out of the use of the Application or the Website, you may contact your Relationship Manager. Your Relationship Manager will advise you on the steps to be taken by you and/or actions that we will take. Alternatively, you may send an email to contact.us@bankofsingapore.com and we will try to respond to you within 48 hours. If such 48 hours fall on a weekend or public holidays, we will try to respond to you on the earliest business day following that.

  23. CLAIM OR DISPUTE

    We are committed to providing you with quality service. We will promptly investigate any claim or dispute which you may have in respect of or arising out of the Application or the Website and will attempt to revert to you within thirty (30) days from the date of receipt of notification of your claim or dispute with a view to reaching an amicable resolution of the matter.

  24. UNAVAILABILITY OF THE APPLICATION OR WEBSITE

    In the event that the Application or the Website is unavailable, your Relationship Manager will assist to provide you with any information which you may require regarding your account(s) or transactions.