UOB INTERNET BANKING (BUSINESS) SERVICE TERMS AND CONDITIONS

 UOB INTERNET BANKING (BUSINESS) SERVICE TERMS AND CONDITIONS

 

A.APPLYING FOR UOB INTERNET BANKING (BUSINESS) SERVICE

1.1

You agree to be bound by and to comply with all the terms and conditions, procedures and Instructions (as the case may be) which are applicable to your use of the UOB Internet Banking (Business) Service as set out in any document or form of UOB (whether on paper or in the Website) including but not limited to the terms and conditions set out herein and as amended from time to time, the UOB Internet Banking (Business) Service User Guide, the UOB Internet Banking (Business) Service Registration Form and UOB's various standard terms and conditions governing various banking facilities and services prevailing from time to time, and any instructional material provided by UOB to you, PROVIDED THAT in the event of any inconsistency between the terms and conditions herein and the terms and conditions of the other aforesaid documents in matters relating to the UOB Internet Banking (Business) Service, the terms and conditions herein shall prevail in matters relating to the UOB Internet Banking (Business) Service. This Terms and Conditions is in addition to any other terms and conditions which you may have with UOB.

 
1.2

The UOB Internet Banking (Business) Service is primarily a service which adds to or supplements the banking and other facilities, services and products granted or provided by UOB to you by allowing you to bank with UOB through the electronic medium of the Internet. You hereby accept and agree that the User ID(s), PlN(s), Password(s) and Token(s) issued to the persons authorised by you to access the UOB Internet Banking (Business) Service will enable any one of the said authorised persons to operate your Account(s) and/or Designated Account(s) by himself. You further agree that only for the purposes of utilising the UOB Internet Banking (Business) Service, any existing mandate or instructions and/or Instructions to UOB in relation to your Account(s) shall not be applicable in relation to the operation of your Account(s). You shall furnish a separate mandate and/or instructions for the operation of your Account(s) by your authorised persons issued with their respective User ID(s), PIN(s), Password(s) and Token(s) through the UOB Internet Banking (Business) Service.

 



B.DEFINITIONS

2.1

"Account(s)" means all the account(s) maintained by you from time to time with UOB which are linked to the UOB Internet Banking (Business) Service pursuant to your written request and in relation to which your Instructions may be effected in connection with your use of the UOB Internet Banking (Business) Service.

 
2.2

"Affiliates" means any entity, company, corporation or institution which may offer products, services, content or information on this Internet Banking website from time to time.

 
2.3

"Approved Communication Channel" means the communication channels (including but not limited to the telephone, computer or any electronic means as may be approved by UOB from time to time and which requires authentication with the requisite security codes prescribed for the respective communication channel) which you may use to issue Instructions to UOB.

 
2.4

"Business Day" means each day on which UOB and banks in Malaysia are generally open for business and excludes Saturdays, Sundays, Public Holidays and such other days as UOB may, in its sole and absolute discretion, declare.

 
2.5

"Designated Account(s)" means the Account(s) which you may have opened as a new Account(s) or which have been designated in the UOB Internet Banking (Business) Service Registration Form (and in default of such designation by you, such Account(s) of yours as UOB may designate) from your existing Account(s) to and from which may be charged and deducted the fees, costs, charges, expenses and interest that UOB may impose from time to time for the use of the UOB Internet Banking (Business) Service, including without limitation, subscription fees and any additional fees for selected transactions/services.

 
2.6

"Instructions" means any request or instruction received by UOB under your User ID(s), PlN(s) Password(s) and Token(s) transmitted through the UOB Internet Banking (Business) Service in Accordance with such procedures and guidelines as may be laid down by UOB from time to time for the transmission of such requests or instructions.

 
2.7

"Network Service Provider" means any Internet service provider or commercial online service provider providing connection to the Internet.

 
2.8

"Password(s)" means the unique personal identification number(s), code(s), word(s), depiction(s) or other identification (electronic or otherwise) assigned to you and includes any secret number as may from time to time be chosen by you as a replacement for the purposes of utilising the UOB Internet (Business) Banking Service.

 
2.9

"Payee Corporation" means the companies or corporations whose bills can be paid by you through the UOB Internet Banking (Business) Service and includes any company or corporation included or substituted by UOB at its absolute discretion at any time and from time to time.

 
2.10

"PlN(s)" means the unique personal identification number(s) or code(s) provided by UOB to you or otherwise selected by you for the purposes of utilising the UOB Internet Banking (Business) Service.

 
2.11

"Remedial Action(s)" means the urgent actions that must be taken by you upon discovering that the security and/or confidentiality of your User ID(s), PlN(s), Password(s) and/or Token(s) have been compromised, including but not limited to changing the said User ID(s), PlN(s), Password(s) and/or Token(s) and immediately informing UOB of the same.

 
2.12

"Signatory(ies)" means a person authorised by you (whether alone or jointly with any other person) to give any Instructions and/or execute or sign any instrument and/or effect any transactions or utilise the UOB Internet Banking (Business) Service for and on your behalf.

 
2.13

"Terms and Conditions" means this UOB Internet Banking (Business) Service Terms and Conditions, the UOB Internet Banking (Business) Service User Guide, the UOB Internet Banking (Business) Service Registration Form, UOB's various standard terms and conditions governing the various banking facilities and services prevailing from time to time, any instructional material which may be provided by UOB to you, any other document or form of UOB which you may submit to UOB in relation to the UOB Internet Banking (Business) Service and any other terms and conditions in relation to the UOB Internet Banking (Business) Service as UOB may prescribe from time to time.

 
2.14

"Token(s)" means a personal security device issued to each Signatory(ies) for the purposes of verifying and authenticating the identity of the Signatory(ies) so as to enable the Signatory(ies) concerned to utilise the UOB Internet Banking (Business) Service.

 
2.15

"UOB" means the United Overseas Bank (Malaysia) Bhd, a licensed bank in Malaysia with its registered address at Level 11, Menara UOB, Jalan Raja Laut, 50350 Kuala Lumpur and include its branches throughout Malaysia.

 
2.16

“UOB 121” means the 24 hours banking services (including but not limited to the Fax Service) made available by UOB to the Customer vide the use of the fixed telephone lines or such other similar lines of communications as UOB may determine at anytime and from time to time.

 
2.17

"User ID(s)" means the unique identification code(s) assigned and/or created by your Company Administrator for you for the purposes of utilising the UOB Internet Banking (Business) Service.

 
2.18

"Website" means this website, presently located at the url www.uob.com.my (or any replacement or successor domain name) which enables you, through your use of the User ID(s), PlN(s), Password(s) and/or Token(s) to access and use the UOB Internet Banking (Business) Service.

 
2.19

"You/your" means you, the customer who is a sole-proprietorship, business or corporate account holder of an Account(s) registered by UOB to use the UOB Internet Banking (Business) Service.

 
2.20

In the Interpretation of this Terms and Conditions, words importing the singular shall include the plural and vice versa and words importing any gender shall include every gender. The subtitle headings and the division of provisions into sections and clauses in this Terms and Conditions are for ease of reference only and shall not be considered in the interpretation of the substantive provisions of this Terms and Conditions. Where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings. Finally, any reference to a party in this Terms and Conditions shall include a reference to his successors in subtitle and permitted assigns.

 


C. OPERATION OF UOB INTERNET BANKING (BUSINESS) SERVICE

  Your Instructions
3.1

Save for enquiries made through the UOB Internet Banking (Business) Service, your Instructions shall not be deemed to have been received, processed, implemented, acted upon or executed by UOB until you have received UOB's confirmation of such receipt or execution.

 
3.2

Any and all communications to UOB via electronic mail, including but not limited to feedback and enquiries, whether made through the UOB Internet Banking (Business) Service or otherwise and even if received by UOB shall not constitute or form any part of or any of your Instructions for purposes of operating your Account(s) and UOB shall not be obliged to act on or respond to such communications.

 
3.3

Your Instructions shall be deemed irrevocable and binding on yourself upon the transmission of such Instructions to UOB

3.4

UOB is entitled, but shall not be obliged, to rely on any and all Instructions. For the avoidance of doubt UOB is under no obligation whatsoever to otherwise identify the party that sent the Instructions. You further agree that UOB shall not be obliged to inquire as to the purpose of any Instructions.

 
3.5

You shall notify UOB immediately upon the receipt of any incomplete, garbled or inaccurate data or information from UOB and you shall delete such data or information from your computer system immediately

 
3.6

You shall notify UOB immediately upon the receipt of any data or information which is not intended for you. You further agree to delete all such data or information from your computer system immediately.

 
3.7

You hereby request UOB to accept, rely on and act on any Instructions given or purported to be given by you. UOB may accept any Instructions as authentic and duly authorised and UOB shall be under no obligation whatsoever to investigate the authenticity or authority of the persons transmitting the Instructions or to verify the accuracy and/or completeness of the Instructions and shall be entitled to treat the Instructions as valid and binding on you notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding of your Instructions.

 
3.8

You further agree that you will be solely responsible for any and all loss arising from or in relation to the unauthorised use of your User ID(s), PlN(s), Password(s) and Token(s).

 
3.9 (a)

Without prejudice to any other provisions here, UOB shall accept no liability in any event for any damages or loss of any kind, including (without limitation), direct, indirect, incidental, special or consequential damages, expenses or losses arising out of, or in connection with your use or inability to use the webpage, or in connection with any error, omission, defect, computer virus or system failure or loss of any profit, goodwill or reputation, even if expressly advised of the possibility of such losses or damages, arising out of or in connection with the access of, use of, performance of, browsing in or linking to other sites from UOB's webpage.

 
  (b)

Subject to the provisions herein, you agree that UOB's sole and entire liability to you in contract, tort (including negligence or breach of statutory duty) or otherwise arising by reason of or in connection with these Terms and Conditions or howsoever shall not exceed the amount of the transaction involved which gave rise to the claim or the direct damages sustained, whichever is the lower.

 
  (c)

Each provision of this Clause 3.9 is to be construed as a separate limitation applying and surviving even if for any reason one or the other provisions is inapplicable or held unreasonable in any circumstances and shall remain in force notwithstanding the termination of the Accounts or the UOB Internet Banking (Business) Service.

 
3.10

Without limiting the generality of the Clause 3.9, UOB shall not be responsible or liable for any loss, damage or embarrassment incurred or suffered by you or any third party by reason or arising from:-

 
  (a)

your failure to provide accurate, complete and timely instructions to UOB under the UOB Internet Banking (Business) Service or your failure to comply with these Terms and Conditions; or

  (b)

for your inability to perform any of the transactions due to limits set by UOB from time to time;

  (c)

any error, alteration, destruction of the Instructions, data or information to or from UOB through the UOB Internet Banking (Business) Service and the Internet; or

  (d)

any intrusion or attack by any person or party on any hardware, software or system used in relation to the UOB Internet Banking (Business) Services or on the Internet, including but not limited to viruses, Trojan Horses, worms and/or macros or other harmful components or disabling devices that may suspend, disrupt or disable the UOB Internet Banking (Business) Service or any part thereof; or

  (e)

any restriction or prohibition on the use of the UOB Internet Banking (Business) Service by any laws or regulations of any country from where you access the UOB Internet Banking (Business) Service; or

  (f)

the insufficiency of funds in any of your Accounts;

  (g)

any loss or damage caused by equipment, the internet browser providers or by the Internet Service Providers or their agents or sub-contractors;

  (h)

any breakdown or malfunction of any equipment, system or software used in connection with the UOB Internet Banking (Business) Service, whether belonging to UOB or otherwise, including but not limited to any electronic terminal, server or system, telecommunication device, connection, electricity, power supply, telecommunications or other communications network or system or any part of the electronic fund transfer system;

  (i)

any use, misuse, purported use or misuse, loss, theft or unauthorised use of your PIN, Password or User ID and/or the purported use or misuse of the UOB Internet Banking (Business) Service;

  (j)

your failure to comply with the latest instructions, procedures and directions for use of the UOB Internet Banking (Business) Service;

  (k)

the corruption or loss of any data or instruction or in the course of transmission thereof whether through the UOB Internet Banking (Business) Service or otherwise used by UOB or any other third party whether or not in connection with your Accounts or the UOB Internet Banking (Business) Service;

  (l)

in the event UOB is unable to perform any operations or to provide any of the Services due to any reason beyond UOB's control including but not limited to fire, earthquake, landslides, flood, epidemic, natural catastrophe or act of God, accident, riots, civil disturbances, industrial dispute, act of public enemy, embargo, war, or any failure, delay or disruption to electricity, fuel supply or services provided by the Network Service Provider or the Affiliates or any factor beyond the control of UOB;

  (m)

the funds in the Account(s) and/or Designated Account(s) are not available for utilisation because they have been earmarked or provided to UOB as security or UOB is exercising its lien over the funds in the Account(s) and/or Designated Account(s), or pursuant to UOB's rights under UOB's various standard terms and conditions governing various banking facilities and services prevailing from time to time;

  (n)

UOB knows or has reason to believe that a fraud, criminal act, offence or violation of any law or regulation has been or will be committed.

 
3.11

You shall be solely responsible for ensuring the accuracy and completeness of your Instructions. UOB shall not be under any duty and/or obligation whatsoever for the carrying out of any such incomplete, garbled or inaccurate Instructions.

 
3.12

UOB may cancel, cease to carry out any lnstructions or reverse any actions carried out if it is of the view that such lnstructions are unlawful, unauthorised or for any other reason whatsoever, without prior notice to you, at any time without assigning any reason and without incurring any liability whatsoever.

 
3.13

You shall be solely responsible for monitoring your Account(s) and Designated Account(s) at all times. Notwithstanding the generality of the foregoing, you shall check regularly the status of your Instructions processed or being processed by UOB through the UOB Internet Banking (Business) Service or by any other means available to you.

 
3.14

Any Instructions given will be dealt with in the normal course of business. If Instructions are given at a time after the deadline set by UOB for transactions for any particular day, the said Instructions may not be carried out until the next Business Day.

 
3.15

Where the total amount of the transactions to be executed pursuant to your Instructions exceeds the credit balance in the Account(s), the Designated Account(s) and/or the credit facilities made available to you, UOB shall be entitled, at its sole and absolute discretion, to determine whether the Instructions ought to be executed or otherwise and if so which of such transactions in the Instructions shall be executed in whole or in part, irrespective of the dates or times of despatch and receipt of your Instructions.

 


 
Countermand of Your Instructions

4

UOB shall not be obliged to cancel or amend any payment made or to be made pursuant to your Instructions or any Instructions after the same have been transmitted to UOB. UOB shall use all reasonable efforts to act on your request for such cancellation or amendment prior to UOB's execution of such Instructions, but UOB shall have no liability whatsoever if such cancellation or amendment is not effected in time or could not be made. In the event that UOB attempts to cancel or amend any Instructions at your request, you shall be liable to pay any and all costs and expenses which may be incurred by UOB. For the avoidance of doubt, UOB shall not be taken to have received or to have notice of any countermand of your Instructions until UOB informs you in writing of the same.

 

  Confidentiality of User ID(s), PlN(s) and Password(s)

5.1

You shall keep confidential all applicable User ID(s), PlN(s), Password(s) and other codes which have been issued to you in order to enable you to access the UOB Internet Banking (Business) Service and you shall be solely responsible for all Instructions effected (whether authorised or otherwise) through the use of such User ID(s), PlN(s), Password(s) and all other codes.

 
5.2

UOB hereby reserves the right to issue any combination of letters and/or numerals for the User ID(s), PlN(s), Password(s) and all other codes.

 
5.3

You and your Signatory(ies) agree to take all precautions necessary to safeguard the User ID(s), PlN(s), Password(s) and all other codes. You shall not disclose the aforesaid to any unauthorised person(s) or the staff of UOB and shall keep it confidential at all times. You shall change the PlN(s) and Password(s) regularly and in particular, if the same has been disclosed to or discovered by any party. You and your Signatory(ies) shall memorise the User ID(s), PlN(s), Password(s) and all other codes promptly upon receipt and thereafter destroying the document(s) advising you of the same. You shall inform UOB immediately if there is any suspicion that any unauthorised person(s) has knowledge of the User ID(s), PlN(s), Password(s) and/or all other codes, so as to prevent the fraudulent or unauthorised use of the Account(s) and/or the UOB Internet Banking (Business) Service.

 
5.4

UOB shall be entitled at its sole and absolute discretion, to de-activate or revoke the use of such User ID(s), PlN(s), Password(s) and all other codes at any time without assigning any reason and/or without prior notice to you. UOB shall also be entitled to de-activate or revoke your use of the UOB Internet Banking (Business) Service if the UOB Internet Banking (Business) Service cannot be lawfully accessed after a number of attempts have been made using your User ID(s) PlN(s) and Password(s).

 
5.5

You will continue to be liable for any and all unauthorised Instructions and shall not dispute them until UOB has taken the necessary steps, in accordance with its prevailing practice to prevent any Instructions from being effected through the use of such User ID(s), PlN(s), Password(s) and codes.

 
5.6

UOB may send the User ID(s), PlN(s), Password(s) and all other codes to you via ordinary post or such other means as UOB may, in its sole and absolute discretion deem fit. For the avoidance of doubt you shall hold UOB harmless from and against any and all liability in the event that the User ID(s), PlN(s), Password(s) and all other codes fail to reach you after despatch or if the same are disclosed to any unauthorised person(s) whilst in transit.

 


 
UOB Internet Banking (Business) Token(s)

6.1

You shall be solely responsible for the maintenance and operation of any Token(s) issued and authorised by UOB as well as all other equipment or other software necessary for accessing the UOB Internet Banking (Business) Service. UOB makes no warranties, whether express or implied, that any or all of the Token(s) supplied is merchantable or will be suitable for your computer system and/or software or is fit for any other purpose whatsoever or is free of errors.

 
6.2

You agree to take all necessary precautions to prevent the loss, theft or unauthorised use of the Token(s) issued by UOB and not to part possession with it.

 
6.3

You further agree to inform UOB immediately and in any event within twenty-four (24) hours of the loss, theft or unauthorised use of the Token(s) or if you suspect or have reason to suspect that someone other than the Signatory(ies) has stolen, misused or tampered with it.

 
6.4

UOB shall, at its sole and absolute discretion, be entitled to de-activate or revoke the use of the Token(s) or deactivate the UOB Internet Banking (Business) Service in relation to yourself and/or any Signatory(ies) at any time without assigning any reason whatsoever and without prior notice to you or any Signatory(ies). UOB may recall Token(s) of any Signatory(ies) at any time and may (but shall not be obliged to) re-issue a new Token(s) without assigning any reason and without any liability on UOB for any loss whatsoever.

 
6.5

You will continue to be liable for any and all Instructions received by UOB (whether authorised or otherwise) and shall not dispute them until UOB has taken the necessary steps in accordance with its prevailing practice to prevent any Instructions from being effected through the use of the Token(s).

 
6.6

You hereby agree :

  (a)

not to let any person other than the Signatory(ies) have possession or use the Token(s);

  (b)

to promptly return the Token(s) to UOB upon UOB's request or upon the cancellation, suspension or termination of the UOB Internet Banking (Business) Service;

  (c)

to indemnify UOB in full from and against any claim, demand, action and proceeding which may be made against UOB and any damage, liability, loss and expense including legal cost on a full indemnity basis which UOB may incur or suffer directly or indirectly arising from or in connection with the use of the Token(s) with or without your authority and/or the authority of Signatory(ies) or otherwise due to your negligence or the negligence of any Signatory(ies), misconduct or breach of any term herein; and

  (d)

to take all steps necessary to help recover any lost or stolen Token(s), to provide UOB with any information and/or documentation that it may require from time to time relating to the use of the Token(s) and to cooperate with UOB in any investigation or litigation arising from or in connection with the use of the Token(s) and in the event that the lost or stolen Token(s) is recovered, to immediately return it to UOB.

6.7

UOB may send the Token(s) to you and/or the Signatory(ies) via ordinary post or such other means as UOB may, in its sole and absolute discretion deem fit. For the avoidance of doubt, you shall hold UOB harmless from and against any and all liability in the event that the Token(s) fails to reach you and/or the Signatory(ies) after despatch or if the same is stolen whilst in transit.

 
6.8

UOB reserves the right to impose a fee for any issuance and/or replacement of the Token(s).

 
6.9

You hereby acknowledge that only the Token(s) issued by UOB for the purposes of the UOB Internet Banking (Business) Service may be used to access the Account(s), the Designated Account(s) and/or carry out transactions through the UOB Internet Banking (Business) Service and any improper use of other (devices) with the Token(s) may lead to the loss of security and you agree that UOB shall not be liable in any way whatsoever for the consequences of such improper use and that the indemnity given in Clause 6.6(c) shall extend to cover any such misuse of the Token(s).

 


 
Token(s) & PlN(s)

6.10

UOB may issue to any Signatory(ies) one (1) or more Token(s) whether in respect of any Account(s) and/or Designated Account(s) and/or for the purposes of enabling you to utilise the UOB Internet Banking (Business) Service. The Token(s) shall remain the sole and exclusive property of UOB and shall be returned to UOB on demand.

 
6.11

The Token(s) may be used (whether in conjunction with the User ID(s), PlN(s) and Password(s) or otherwise):

  (a)

to initiate, effect, perform and/or dispatch:

    (i)

any deposit, payment, withdrawal, transfer or other transaction on any Account(s) or Designated Account(s);

    (ii)

any communication with UOB or such other persons as may be acceptable to UOB or such other persons;

  (b)

to dispatch any of your Instruction(s);

  (c)

to utilise the UOB Internet Banking (Business) Service;

  (d)

to access and obtain information as may be permitted by UOB (whether relating to the Account(s), the Designated Account(s) and the UOB Internet Banking (Business) Service or otherwise); and

  (e)

to effect any transaction with UOB as UOB may allow

 

subject to the terms and conditions herein and to such other restrictions and limitations as UOB may, in its sole and absolute discretion, deem fit.

6.12

You shall procure:

  (a)

that all Token(s) issued to all Signatories shall be returned immediately to UOB upon the termination and/or the cessation of your use of the Account(s), the Designated Account(s) and the UOB Internet Banking (Business)Service;

  (b)

the return to UOB of any and all Token(s) issued to any Signatory(ies) upon the resignation or removal of the Signatory(ies);

  (c)

the return to UOB of any and all Token(s) issued to any Signatory(ies) at any point in time if so required by UOB.

6.13

You shall procure that the Signatory(ies) to whom any Token(s) is issued shall not permit any other person to have access to and/or use the Token(s) issued to him.

6.14

UOB shall be entitled to rely on and to treat any Instructions made, submitted or effected whether by the use of any Token(s) issued to any Signatory(ies) (whether in conjunction with the User ID(s) and PlN(s) or otherwise) for and on behalf of yourself unless notice of the loss of such Token(s) has been given in such form and by such means as UOB may deem satisfactory and has been received by UOB in reasonable time in advance of such Instruction to enable UOB to take all necessary action to prevent such Instruction from being received, acted upon and/or implemented by UOB. The provisions of this Clause 6.14 will continue to apply after the termination of any Account(s), Designated Account(s) and/or UOB Internet Banking (Business) Service.

 
6.15

UOB reserves the right to terminate, suspend, cancel, decline to renew or replace any Token(s) with or without prior notice to you or the Signatory(ies) to whom the Token(s) may have been issued, and without giving any reason whatsoever.

6.16

You hereby undertake to procure:

  (a)

that no person other than the Signatory(ies) to whom any PlN(s) shall have been assigned or issued by UOB shall be permitted to have access to or knowledge of the PlN(s):

  (b)

that each Signatory(ies) to whom any PlN(s) has been assigned or issued by UOB

    (i)

shall not disclose the PlN(s) to anyone;

    (ii)

shall immediately memorise that PIN(s) and destroy the envelope and/or document in which the PIN(s) is stated;

    (iii)

shall not record the PIN(s) in any form; and

    (iv)

shall immediately after he has reason to believe that any person may have acquired knowledge of that PIN notify UOB thereof.

6.17

UOB shall be entitled to rely on and treat any Instructions made submitted or effected pursuant to the entry or use of the Token(s), User ID(s), PlN(s) and Password(s) or the Token(s) alone (and whether in conjunction with the User ID(s), PlN(s) or Password(s)) as having been made, submitted or effected by the Signatory(ies) to whom UOB had issued or assigned that PlN(s) and/or Password(s) for and on behalf of yourself unless prior written notice of the disclosure or unauthorised modification or use of the Token(s), PlN(s) and/or Password(s) has been given to UOB by yourself or the Signatory(ies) concerned in such form and by such means as UOB may, in its sole and absolute discretion, deem satisfactory and has been received by UOB in reasonable time in advance of such Instruction(s) to enable UOB to take all necessary action to prevent such Instruction(s) from being received, acted upon and implemented by UOB.

 
6.18

Any Token(s) and such other device, hardware or equipment and all documentation (including the UOB Internet Banking (Business) Service User Guide) related thereto provided to you by or through UOB shall remain the sole and exclusive property of UOB. UOB hereby grants to you a non-exclusive non-transferable licence to use the Token(s) only for the purposes described herein and in the UOB Internet Banking (Business) Service User Guide. You shall not disassemble or reverse engineer any Token(s) and shall not cause any portion thereof or part thereof to be copied or modified, in any form, in whole or in part, and shall not allow any third parties to have access to the Token(s) or any documentation relating to the UOB Internet Banking (Business) Service or any part thereof without the prior written consent of UOB. Notwithstanding the generality of the foregoing, you hereby undertake to return to UOB the Token(s) immediately upon request by UOB.

 
6.19

The provisions of this Clause 6 shall survive the termination and/or suspension of this Terms and Conditions, the User ID(s), PlN(s) and/or Password(s).



 
Payments

7.1

Where UOB provides a list of payees to whom payment may be made through the UOB Internet Banking (Business) Service, UOB shall be entitled, but shall not be obliged to, and may without prior notice delete any payee from the said list or amend the contents of such list at its sole and absolute discretion from time to time.

 
7.2

UOB is under no obligation to execute any of your Instructions to effect payment and may cancel them without incurring any liability whatsoever upon the occurrence of any of the events set out in Clause 3.9 & 3.10.

7.3

You may instruct payments,schedule ad-hoc payments in advance or schedule instalment payments at regular intervals and may cancel or change any scheduled payment (whether ad-hoc or instalment) PROVIDED THAT you comply with all directions, terms or requirements that UOB may impose from time to time in respect thereof, including but not limited to deadlines and specified period of prior notice before which your Instructions must be conveyed to UOB to effect a transaction. UOB further reserves the right at any time with prior notice to you to change the procedure or manner in which your Instructions for such payment service may be transmitted.

7.4

UOB may impose fees in respect of such payment service at such rate(s), on a regular or per transaction basis and if on a regular basis, at such intervals as UOB may deem fit from time to time.

7.5

UOB shall not be liable for any claim, demand, action, proceeding, damage, liability, loss or expense which may be made against you or which you may incur or suffer arising from or in connection with:

  (a)

any late payment due to your non-compliance with UOB's directions, terms and requirements for effecting such payments through the use of the UOB Internet Banking (Business) Service;

  (b)

any failure of any third party through whom any such payment is made to transmit payment to the intended payee:

  (c)

any refusal or failure by UOB to effect any payment by reason of an order of court or a notice, request, directive or order issued pursuant to any statute, regulation, bye-law (whether or not having the force of law but, if not having the force of law, the compliance with which is in accordance with the general practice of persons to whom the notice, request, directive or order is addressed).

 
Limits

8.1

UOB reserves the right at any time with prior notice to set, vary or cancel the maximum financial limit imposed by the Bank as specified in the UOB Internet Banking (Business) Service Registration Form for any transaction types, facilities services and products that may be carried out or provided through the UOB Internet Banking (Business) Service, whether in monetary or numerical terms or otherwise, and to vary their frequencies and availability period, at its sole and absolute discretion, and without incurring any liability whatsoever.

 
8.2

UOB may limit, cancel or suspend the UOB Internet Banking (Business) Service in whole or in part at any time without giving any reason whatsoever and with prior notice and without incurring any liability and may add to withdraw or change the types of transactions that may be available or carried out through the UOB Internet Banking (Business) Service.

 
3rd Party Pre-Authorised Instructions Service

9.1

The Pre-Authorised Instruction Service ("PAI Service") shall enable you to effect fund transfers from your Accounts to 3rd party accounts maintained with the Bank, identified and registered by you with the Bank ("Registered 3rd Party Accounts"). The Bank reserves the right to decline your application without cause or reason.

 
9.2

Subject to the approval of your PAI Service application, the Bank shall effect fund transfers from time to time in accordance with and upon receipt of Instructions from you. Such fund transfers shall be effected by debiting your relevant Account and crediting the relevant Registered 3rd Party Account specified by you. No fund transfers to accounts other than Registered 3rd Party Accounts are permitted.

9.3

You may vary the particulars of the Registered 3rd Party Accounts and/or discontinue the PAI Service by completing and submitting the relevant forms to the Bank. Until such forms have been received by the Bank, the Bank shall be deemed to have been duly authorised to continue to effect fund transfers from time to time in accordance with upon receipt of your Instructions.



 
Warranties

10.1

Where UOB provides any third party information, you acknowledge and agree that UOB does not thereby warrant the accuracy or completeness of any such third party information.

 
10.2

Neither UOB nor any of UOB's branches, affiliate or subsidiary, any relevant internet service provider or information provider nor any other software supplier makes any express, implied or statutory warranties relating to the UOB Internet Banking (Business) Service, the direct access software or services or browser including but not limited to any warranty of merchantability, fitness for a particular purpose or non infringement of third party proprietary rights or that they are free of errors.

10.3

UOB does not warrant the accuracy, adequacy or completeness of the information and material (including all text, graphics and links to other websites) contained in the UOB Internet Banking website.

10.4

Although UOB will use all reasonable endeavours to ensure that the UOB Internet Banking (Business) Service cannot be accessed by unauthorized third parties, UOB does not warrant the security or confidentiality of any information transmitted through any relevant internet service provider, network system or such other equivalent system in any jurisdiction via the UOB Internet Banking (Business) Service.

10.5

Nothing in UOB's website should be construed as a solicitation or offer or recommendation to acquire or dispose of any investment or to engage in any transaction or to provide any investment advice or service.

10.6

No oral or written communication or advice issued by UOB, its affiliates and their respective personnel, employees or agents shall extend or supersede the scope of these warranties.

 
Electronic Mail Service

11.1

UOB makes no representation or warranty as to the security of any information or instruction transmitted to UOB through the electronic mail service on the UOB Internet Banking Web Pages which are not in a form prescribed or approved by UOB as being secure ("Non-secured E-mail").

 
11.2

UOB shall not be obliged to act on any instructions (whether digitally signed or not) or to answer any queries received through Non-secured E-mail. In particular, you are advised not to send confidential information to UOB via Non-secured E-mail.

11.3

UOB shall not be responsible for any loss of security or information regarding the Account(s) or any loss or damage suffered or incurred by you arising from or in connection with your not following the instructions, procedures and directions for using the electronic mail service or not using electronic mail forms which are prescribed or approved by UOB ("Secured E-mail").

11.4

UOB makes no representation or warranty as to the correctness or accuracy of any advice or information (whether financial or otherwise) that may be transmitted by UOB to you through the UOB Internet Banking Web Pages or the electronic mail service. You hereby agree to take independent steps to verify the correctness or accuracy of any such advice or information before acting on the same. UOB shall not be liable for any loss or damage whatsoever and howsoever caused and in any way arising from or in connection with your reliance on such advice or information.

11.5

All queries on the Account(s) may be sent to UOB by Secured E-mail in the manner specified by UOB.

11.6

All communications through Secured E-mail that meet the operating standards and requirements of the Bank shall be deemed to be valid, accurate and authentic and as good as, and given the same effect as, written and/or signed documentary communications.

 
Evidence

12.1

You agree not to dispute the validity, accuracy or authenticity of any evidence of your Instructions and communications transmitted electronically between the parties, including such evidence in the form of UOB's computer records or transaction logs, magnetic tapes, cartridges, computer printouts, copies of any communication, or any other form of information storage.

 
12.2

Except in the event of manifest error or fraud, you agree to refer to and to treat all such records or transaction logs, magnetic tapes, cartridges, computer printouts, copies or other form of information storage as conclusive evidence of all of your Instructions and other communications received or sent by UOB. You further agree that all such records shall be binding upon yourself and that you will not be entitled to dispute the validity or authenticity of the same.

12.3

All such Instructions and communications that meet the operating standards and requirements of the UOB Internet Banking (Business) Service shall be deemed to be as good as, and given the same effect as, written and/or signed documentary communications.



 
Rates

13.1

Foreign exchange, interest and other rates and information, including but not limited to news and reports on such rates or information made available under the UOB Internet Banking (Business) Service are only indicative of the actual rates, quotes or information and are subject to change without prior notice.

 
13.2

You hereby agree that you will bear sole responsibility for any and all loss and damage arising from or in relation to your reliance on such news and reports in making your decisions to undertake any transactions through the UOB Internet Banking (Business) Service.

 
Availability of UOB Internet Banking (Business) Service

14

UOB shall be entitled to vary, add to or withdraw any portion of the UOB Internet Banking (Business) Service at any time with prior notice and without liability whatsoever. UOB shall use all reasonable endeavours to ensure that the UOB Internet Banking (Business) Service will be available during the times set out in the UOB Internet Banking (Business) Service User Guide or elsewhere PROVIDED THAT nothing herein shall be construed or be deemed as a warranty by UOB that the UOB Internet Banking (Business) Service will be available (whether uninterrupted or available at all) during such specified times. Notwithstanding any representation to the contrary, UOB shall at any time, in its sole and absolute discretion and without prior notice, be entitled to temporarily suspend the operations of the UOB Internet Banking (Business) Service (for updating, maintenance and upgrading purposes or any other purposes whatsoever that UOB may deem fit) or permanently without any liability whatsoever.

 
 
Prohibited Use

15

You shall not use or disclose any material and/or information on this Website pertaining to the UOB Internet Banking (Business) Service other than to access and use the UOB Internet Banking (Business) Service. You further undertake not to reproduce, sell, distribute or in any way whatsoever allow any third party access to the aforesaid material and/or information provided by UOB to you on or via the UOB Internet Banking (Business) Service.

 
 
Viruses

16.1

You hereby undertake to ensure that any computer, wireless and other equipment which you may use to access the UOB Internet Banking (Business) Service are well-maintained and are free from computer viruses and programs of any kind which may cause harm or damage, including but not limited to the installation of anti-virus programs to prevent the said computer, wireless and/or other equipment from acquiring and/or transmitting such viruses or programs

 
16.2

You agree that UOB shall not be liable for any defect or default in any equipment or computer or system interferences, viruses, "Trojan horses" or other harmful components or defects that may interfere with the UOB Internet Banking (Business) Service, your telecommunication or computer system or that of UOB's, Internet service provider, telecommunication service provider or other service provider.

16.3

UOB reserves the right to specify and at any time change the type, version or specification of any software, hardware or equipment that may be required to access and use the UOB Internet Banking (Business) Service. If you do not comply with such specifications, UOB reserves the right to suspend and/or terminate the operation of or your access and use of the UOB Internet Banking (Business) Service without any liability whatsoever.




D.

RESPONSIBILITIES OF THE COMPANY ADMINISTRATORS, AUTHORISED USERS AND
SIGNATORY(IES)

  General obligations
17.1

You shall appoint one (1) or more individual(s) (the "Company Administrator") to manage your Account(s) and/or Designated Account(s) for your use of the UOB Internet Banking (Business) Service but you shall remain fully responsible for all transactions effected to the Account(s) and/or Designated Account(s).

17.2

You shall have the following obligations jointly with the Company Administrator

  (a)

to appoint individual(s) (the "Authorised User") to access and use the Account(s), the Designated Account(s) and/or the UOB Internet Banking (Business) Service for and on your behalf;

  (b)

to issue for each and every Authorised User his identification number comprising the Authorised User's username and [(password)/(Password(s)] to enable the Authorised User to access and use the UOB Internet Banking (Business) Service through your Account(s) and/or Designated Account(s);

  (c)

to oversee and be responsible for the conduct of all Authorised Users;

  (d)

to check your Account(s) and Designated Account(s) for the purposes of reviewing and managing the use of the UOB Internet Banking (Business) Service in relation to the Company Administrator and Signatory(ies);

  (e)

to immediately act on all queries, communications and instructions from UOB with respect to any aspect of your Account(s), Designated Account(s) and/or your use of the UOB Internet Banking (Business) Service;

  (f)

to perform such other acts as may be necessary to ensure the continued and efficient operation of the Account(s), Designated Account(s) and UOB Internet Banking (Business) Service.

17.3

You hereby undertake, in conjunction with the Company Administrator, to ensure that the Authorised Users observe the provisions of Clause 17.2 above with the exception of Clauses 17.2(a), 17.2(b) and 17.2(c)

17.4

You shall, together with the Company Administrator and the Authorised Users, notify UOB immediately upon the receipt of any data or information which is not intended for you. You further acknowledge and agree that all such data or information shall be deleted from your computer systems immediately, and shall procure the assistance of the Company Administrator and/or Authorised Users in the rectification of any errors.


E. PAYMENTS, FEES AND RIGHT TO DEBIT

18.1

You shall pay UOB such subscription fees and other costs, charges, expenses and interest for the use of the UOB Internet Banking (Business) Service at such rate as may be determined by UOB from time to time and notified to you. UOB further reserves the right to recover from you any additional, special or out-of pocket expenses incurred on your behalf.

 
18.2

If the Designated Account(s) is closed for any reason whatsoever, UOB may select any of your other existing Account(s) and designate it as the Designated Account(s) until such time as you may notify UOB in writing that you wish to designate a different Account(s) as the Designated Account(s).

 
18.3

UOB hereby reserves the right to vary, add or withdraw, at its sole and absolute discretion and at any time with prior notice to you, the types of facilities, services and products of the UOB Internet Banking (Business) Service for which fees may be imposed without any liability whatsoever.

 
18.4

All other terms and conditions between you and UOB for the payment of fees, costs, charges, expenses and interest shall continue to be in force and shall be in addition to and shall not be affected by the provisions in this Terms and Conditions for the payment of fees, costs, charges, expenses and interest in relation to the UOB Internet Banking (Business) Service.

 
18.5

You further agree to be responsible for all charges incurred in accessing the Account(s) or such other account designated by UOB pursuant to Clause 18.2 above, through or otherwise using the UOB Internet Banking (Business) Service (including but not limited to any telephone charges and Internet service provider's charges).

 
18.6

All fees, costs, charges, expenses, interest and other amounts payable to UOB under this Terms and Conditions shall be made in the lawful currency of Malaysia.

 
18.7

You shall pay any and all applicable value added, customs and excise and goods and services tax or any other taxes, levies or charges whatsoever now or hereinafter imposed by law or required to be paid in respect of any transaction or monies on the UOB Internet Banking (Business) Service or pertaining to your Instructions carried out pursuant to this Terms and Conditions (collectively the "Taxes") and you shall reimburse UOB for any such payment made by UOB which reimbursement shall be made in the same manner and together with the fees or charges to which the Taxes relate.

 
18.8

You hereby authorise UOB to deduct any and all fees, costs, charges, expenses, interest and other amounts which are payable to UOB or recoverable from you under this Terms and Conditions from the Account(s) and/or Designated Account(s) at such times as UOB may, in its sole and absolute discretion determine. If there are insufficient funds in the Account(s) and/or Designated Account(s), UOB may (but shall not be obliged to) debit your other accounts with any UOB (whether linked to the UOB Internet Banking (Business) Service or otherwise) as UOB may deem fit but without prejudice to UOB's right to cancel all Instructions and forthwith terminate this Terms and Conditions.

 
18.9

Your obligation to pay to UOB any and all fees, charges, expenses, levies, taxes, interest and such other amounts stated in this Clause 18 shall survive the termination, expiration or suspension of this Terms and Conditions or UOB's revocation and deactivation of your access to the UOB Internet Banking (Business) Service.

 



F. UOB'S SECURITY RIGHTS AND RIGHT OF SET-OFF

19.1

Without prejudice to the rights of UOB at common law, UOB shall be entitled, but shall not be obliged, in relation to any of your liability arising under this Terms and Conditions, without demand at any time and without notice, to combine or consolidate all or any of your Account(s) held under whatever style, name or form (which includes but is not limited to trade names or sole-proprietorships), and to set-off any credit balances, whether matured or otherwise, in any one or more such accounts wheresoever situate including those in overseas branches, against any of your liabilities on any account or in any respect whatsoever under whatever style, name or form, whether such liabilities be present or future, actual or contingent, primary or collateral, several or joint. If despite such set-off there remains an outstanding amount due (including where such amount is due to the conversion of currency pursuant to Clause 19.2 below), you agree to pay UOB the outstanding amount due immediately. UOB shall be entitled to refuse any withdrawals from the said accounts until all such outstanding amounts have been fully repaid.

 
19.2

Where such set-off requires the conversion of one currency into another, such conversion shall be calculated at UOB's own rate of exchange then prevailing (as conclusively determined by UOB) on the date of such set-off.

 
19.3

UOB shall also be entitled in the event of any default or non-payment by you of any other debt, obligation or liability to UOB, to sell any Collateral (hereinafter defined) by way of public or private sale without any judicial proceedings whatsoever, and to retain from the proceeds derived therefrom the total amount remaining unpaid, including all costs, legal fees and costs (on an indemnity basis) charges and other expenses incidental to such sale. You shall immediately upon demand pay to UOB the amount of any deficiency.

 
19.4

For the purposes of this Clause 19, "Collateral" means any funds, documents, instruments, chattels, bonds, debentures, shares or other securities and any valuables held by UOB in the name of or on your behalf including such Collateral which may be in safe custody.

 

G. NEW SERVICES

20

UOB may introduce new service(s) and/or new product(s) through the UOB Internet Banking (Business) Service from time to time and the use of such new service(s) and product(s) shall be subject to the terms of this Terms and Conditions and such additional terms and conditions as UOB may impose in respect of the new service(s) or product(s). By utilising such new service(s) and/or product(s) as and when they become available, you shall be deemed to have read such terms and conditions and agree to be bound by the same.

 

H. SOFTWARE & HARDWARE UPGRADE

21.1

If new or enhanced versions of the Token(s) or any other devices necessary for the operation of the UOB Internet Banking (Business) Service are available or developed, UOB reserves the right not to continue with the use of the previous Token(s) and/or the aforesaid devices. In the event that you fail to upgrade or use the enhanced version of the Token(s) and/or aforesaid devices as required by UOB, UOB may, in its sole and absolute discretion, reject your Instructions and forthwith terminate this Terms and Conditions.

 
21.2

UOB hereby reserves the right to change the type or versions or specifications of any Token(s), device, hardware or equipment that you may be required to use for the UOB Internet Banking (Business) Service, and in the event that you are not able to meet such requirements, UOB may reject your Instructions and forthwith terminate this Terms and Conditions.

 



I. SUSPENSION AND TERMINATION

22.1

UOB may, in its sole and absolute discretion, terminate this Terms and Conditions or suspend, de-activate or revoke part or all of the UOB Internet Banking (Business) Service without any reason at any time without giving prior notice to you and without incurring any liability whatsoever. In addition, you agree that UOB shall not be liable in the event of such suspension, de-activation or revocation of the UOB Internet Banking (Business) Service. Without prejudice to the generality of the foregoing, UOB shall be entitled (but shall not be obliged) to terminate this Terms and Conditions and to de-activate the UOB Internet Banking (Business) Service to you if you fail to access the UOB Internet Banking (Business) Service within such number of attempts as UOB may decide from time to time. For the avoidance of doubt, you may only terminate this Terms and Conditions upon the giving of fourteen(14) day's prior written notice to UOB; of which the termination shall take effect upon receipt of the written notice by UOB.

 
22.2

UOB hereby reserves the right to suspend, de-activate or revoke the UOB Internet Banking (Business) Service if it suspects or has reason to suspect that your Instructions are unauthorised. In such event, UOB may terminate this Terms and Conditions or require you to re-apply for a User ID(s), PlN(s), Password(s) and Token(s) without incurring any liability whatsoever.

 
22.3

UOB is nevertheless entitled, but shall not be obliged, to rely on and carry out any Instructions received by UOB prior to the termination, suspension or revocation of your use of the UOB Internet Banking (Business) Service. Subject to UOB's prior written consent, you may change such Instructions provided that you comply with all directions, terms and requirements that UOB may impose, including but not limited to any deadlines and the periods of notice for the change of Instructions to UOB.

 
22.4

For the avoidance of doubt, the termination of the UOB Internet Banking (Business) Service shall not affect your existing mandate, instructions or authorisations given to UOB in respect of your Account(s) governed by the respective rules and regulations and terms and conditions.

 
22.5

Your obligation to pay all fees, costs, charges, expenses and amounts accrued up to the date of termination shall survive the termination and/or suspension of this Terms and Conditions or the suspension, de-activation or revocation of the UOB Internet Banking (Business) Service.

 
22.6

You further undertake to return to UOB the Token(s) and such other device, hardware or equipment which have been supplied by UOB and to destroy any copies thereof in your possession immediately upon the termination of this Terms and Conditions.

 

J. CURRENCY EXCHANGE INDEMNITY

23.1

You hereby agree that any conversion from one currency into another in connection with the UOB Internet Banking (Business) Service shall be effected in such manner as UOB may in its sole and absolute discretion deem fit and at UOB's then prevailing rate of exchange. You further agree that any loss, cost, charge and risk resulting from the conversion of one currency into another in connection with the UOB Internet Banking (Business) Service shall be borne solely by you and you hereby authorise UOB to debit any such loss, cost or charge to any of your accounts (whether linked to the UOB Internet Banking (Business) Service or otherwise) with UOB.

 
23.2

In the event that the Account(s) and/or Designated Account(s) does not have sufficient funds to pay for any transactions in full, UOB reserves the right to liquidate any of your foreign exchange positions and cancel the transaction and you shall be liable for any and all losses (including but not limited to foreign exchange loss), damages, charges (including replacement fees) and fees which may be incurred thereby.

 
23.3

Any amount received or recovered by UOB in respect of any sum due to it from you under this Terms and Conditions in a currency ("Foreign Currency") other than the specified Currency ("Contractual Currency") for any transaction shall only constitute a discharge to you to the extent of the amount in the Contractual Currency which UOB is able, in accordance with its usual practice, to purchase with the amount so received or recovered in the Foreign Currency on the date of such receipt or recovery (or, if it is not practicable to make such purchase on such date, on the first date on which it is practicable to do so). If that amount in the Foreign Currency is less than the amount in the Contractual Currency due to UOB under this Terms and Conditions, you shall indemnify UOB from and against any and all loss that may be sustained by UOB. In any event, you shall indemnify UOB from and against the cost of making any such purchase referred to in this Clause 23.3.

 

K. FORCE MAJEURE

24

In the event that UOB is unable to observe or perform the terms and conditions of this Terms and Conditions, whether in whole or in part, by reason of causes beyond its reasonable control including (but not limited to) equipment, system or transmission link malfunction or failure, fire, flood, explosion, acts of elements, acts of God, acts of terrorism, war (declared or undeclared), accidents, epidemics, strikes, lockouts, power blackouts or failure, labour disputes, acts, demands or requirements of the Malaysian Government or by any other causes which it cannot reasonably be expected to avoid, the performance of UOB's obligations under this Terms and Conditions as they are affected by such causes shall be excused for the duration of the abovementioned disabling events. Further, UOB shall not be liable for any delay, loss, damage or inconvenience whatsoever and howsoever caused or arising from or in connection with any of the abovementioned disabling events.

 



L. DISCLOSURE OF INFORMATION

25.1

For the purposes of this Clause 25, you agree that "Information" shall mean any information regarding yourself, any of the transactions undertaken by yourself, or the Account(s) or any of your other account(s) whether maintained by yourself with UOB or any of the subsidiaries of the UNITED OVERSEAS BANK Group.

25.2

You expressly consent to and authorise UOB and each of its officers to divulge or disclose information pertaining to your Accounts, affairs and/or transactions or instructions made pursuant to the UOB Internet Banking (Business) Service to:-

  (a)

any corporation within the UOB group of companies;

  (b)

UOB's professional advisers (including but not limited to its legal advisers and external auditors), any potential assignee or transferee of UOB, the police or any other public officer for purposes of investigating any discrepancies, irregularities, errors, claims or fraud made in connection with the use of the UOB Internet Banking (Business) Service;

  (c)

the Central Credit Bureau or such other authority or body established by Bank Negara Malaysia or any other authority having jurisdiction over UOB;

  (d)

any of UOB's service providers or Payee Corporation(s).

25.3

You hereby agree that UOB may, where permitted by you or if so required by law, divulge or reveal any information whatsoever regarding yourself to any person or entity (whether related to UOB or otherwise) for the purposes of that person or entity marketing any product or service to you, whether via electronic means or otherwise;

25.4

You further agree that UOB shall not be liable to you for the disclosure of any Information whatsoever to any person regarding yourself, the Account(s) and/or your other account(s) whatsoever maintained by you with any UOB Group Bank arising from or in connection with you or your Signatory(ies), neglect or failure to keep the User ID(s), Password(s) and PlN(s) confidential or your failure to take the Remedial Actions immediately upon discovering any compromise in the security and/or Confidentiality of the User ID(s), PlN(s) and/or Password(s).


M. INTELLECTUAL PROPERTY RIGHTS

26.1

The copyright in and to the contents of this Website (save for information pertinent to your Account(s) or information personal to you in your capacity as a customer of UOB is owned by or licensed for use by UOB. No part or parts of such contents may be reproduced, distributed, published, modified, displayed, broadcasted, hyperlinked or transmitted in any manner or by any means stored in an information retrieval system without the prior written consent of UOB.

26.2

The trade and service marks displayed on this Website are the sole and exclusive property of UOB and/or other relevant third parties. No right or licence is given for any reproduction or use of any such trade and service marks.




N.DISCLAIMER

27.1

THE INFORMATION ON THIS WEBSITE IS PROVIDED FOR GENERAL INFORMATION ONLY. YOU SHOULD NOT RELY ON NOR USE THE INFORMATION AS A BASIS FOR MAKING BUSINESS DECISIONS. UOB ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM YOUR RELIANCE ON ANY MATERIAL OR INFORMATION CONTAINED ON THIS WEBSITE.

27.2

UOB MAY PROVIDE LINKS TO OTHER WEBSITES FOR INFORMATION PURPOSES AND TO ENABLE YOU TO PURCHASE GOODS AND SERVICES OR TO MAKE ONLINE PAYMENT FOR BILLS THROUGH LINKS PROVIDED ON THE WEBSITE ("THIRD PARTY LINKS"). UOB HAS NO CONTROL OVER NOR DOES IT MONITOR OR REVIEW THE CONTENTS OF THOSE WEBSITES. YOU HEREBY AGREE THAT ACCESS THROUGH SUCH THIRD PARTY LINKS IS ENTIRELY AT YOUR OWN RISK. UOB MAKES NO ENDORSEMENT OR WARRANTY REGARDING SUCH CONTENT, PRODUCTS PURCHASED OR ONLINE PAYMENT SERVICES OBTAINED THROUGH THE USE OF THE UOB INTERNET BANKING (BUSINESS) SERVICE, OR THE AVAILABILITY OR ACCESSIBILITY OF SUCH THIRD PARTY LINKS OR THE LINKS THEMSELVES. YOU THEREFORE AGREE THAT UOB WILL NOT BE LIABLE FOR LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF OR RELIANCE ON SUCH CONTENT, INFORMATION, GOOD OR SERVICES AVAILABLE ON SUCH EXTERNAL SITES OR RESOURCES THROUGH SUCH THIRD PARTY LINKS. ALL MATERIALS CONCERNING THE PURCHASE OF GOODS OR SERVICES OR THE MAKING OF ONLINE PAYMENT FOR BILLS, INCLUDING BUT NOT LIMITED TO ACCESS TERMS, TERMS FOR THE FORMATION OF A BINDING CONTRACT, PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTIES. UOB IS NOT A PARTY TO SUCH TRANSACTIONS AND SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING:

  (a)

FAILURE TO PROVIDE GOODS AND SERVICES;

  (b)

FAILURE TO PROVIDE GOODS AND SERVICES IN CONFORMITY WITH THE CONTRACTUAL QUANTITY, QUALITY AND KIND;

  (c)

INCORRECT DEBITING OF YOUR ACCOUNT(S) IN RELATION TO THE PAYMENT OF GOODS AND SERVICES OR THE MAKING OF ONLINE PAYMENT FOR BILLS;

  (d)

DELAY IN THE PROVISION OF THE GOODS AND SERVICES; OR

  (e)

BREACH OF ANY APPLICABLE LAW IN THE PROVISION OF THE GOODS AND SERVICES BY THIRD PARTIES.

27.3

UOB DOES NOT MAKE ANY REPRESENTATIONS AND WARRANTIES WHATSOEVER RELATING TO, INTER ALIA, FINANCIAL ECONOMIC OR ACCOUNTING REPORTS INFORMATION, DATA OR STATISTICS PROVIDED ON OR THROUGH THIS WEBSITE AND THE UOB INTERNET BANKING (BUSINESS) SERVICE (SAVE FOR INFORMATION IN RELATION TO YOUR ACCOUNT(S)). INVESTMENT AND OTHER PRICES AND QUOTES MAY RISE AND FALL FROM TIME TO TIME AND PAST PERFORMANCE OF INVESTMENTS OR INVESTMENT MANAGEMENT IS NOT NECESSARILY AN INDICATION OF FUTURE PERFORMANCE.

27.4

UOB SHALL NOT BE LIABLE IN ANY EVENT FOR THE FAILURE OF ANY SERVICE OR ANY DAMAGE, LOSS OR EXPENSE INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE OR ECONOMIC LOSS ARISING IN SPITE OF ITS BEST EFFORTS, INCLUDING (WITHOUT LIMITATION) THROUGH ANY:

  (a)

ACCESS, USE, INABILITY TO ACCESS OR INABILITY TO USE THIS WEBSITE;

  (b)

FAULTY INSTALLATION OF ANY SOFTWARE OR HARDWARE;

  (c)

SYSTEM, SERVER OR CONNECTION ERROR, FAILURE, FLUCTUATION, INACCURACY, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS:

  (d)

USE, PURCHASE OR SALE OF ANY SERVICE, PRODUCT INFORMATION OR DATA OBTAINED FROM THIS WEBSITE OR FROM OTHER WEBSITES LINKED TO THIS WEBSITE;

  (e)

FAILURE TO SEND OR ACKNOWLEDGE INTERNET E-MAILS;

  (f)

ACTS OR OMISSIONS OF INTERNET SERVICE PROVIDERS;

  (g)

ERROR(S) IN THE TRANSMISSION OF INSTRUCTIONS, DATA OR INFORMATION TO OR FROM UOB;

  (h)

INACCURATE, INCOMPLETE OR GARBLED INSTRUCTIONS FROM YOU; OR

  (i)

UNAUTHORISED ACCESS BY THIRD PARTIES TO ANY INFORMATION GENERATED AS A RESULT OF YOUR USE OF THE UOB INTERNET BANKING (BUSINESS) SERVICE AND/OR THIS WEBSITE.

27.5

THE INFORMATION AND MATERIALS AVAILABLE ON THIS WEBSITE (SAVE FOR INFORMATION PERTAINING TO YOUR ACCOUNT(S) OR INFORMATION PERSONAL TO YOU IN YOUR CAPACITY AS A CUSTOMER OF UOB) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. UOB MAKES NO REPRESENTATIONS ABOUT THE CHARACTER, QUALITY, PROMPTNESS OR THE PERFORMANCE OF THE UOB INTERNET BANKING (BUSINESS) SERVICE OR ANY SERVICE OBTAINED THROUGH THIS WEBSITE. ALL TERMS WHICH MAY BE EXCLUDED ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED UNDER LAW.

27.6

YOU HEREBY ACCEPT SOLE RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND ANY LOSS OF DATA RESULTING FROM THE DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE.




O. INDEMNITY BY CUSTOMER

28.1

By your use and continued use of the UOB Internet Banking (Business) Service and/or access and use of the products and services provided through the UOB Internet Banking (Business) Service, you acknowledge and signify your acceptance of the terms and conditions of the Terms and Conditions and your undertaking to keep UOB, its directors, employees, nominees and agents fully and effectively indemnified from and against any and all actions, liabilities, costs, claims, losses, damages, proceedings and/or expenses (including all legal cost on an indemnity basis) to which UOB may howsoever be subjected to in relation to the provision of the UOB Internet Banking (Business) Service and including but not limited to:

  (a)

your use of the UOB Internet Banking (Business) Service:

  (b)

any unauthorised Instructions that might be transmitted through the UOB Internet Banking (Business) Service or any Instructions that may be inaccurate, garbled or incomplete;

  (c)

the recovery of or attempt to recover by UOB from you any monies due to UOB or the enforcement by UOB of the terms and conditions of this Terms and Conditions;

  (d)

any change in any law, regulation or official directive which may have a material adverse effect on this Terms and Conditions or UOB; and

  (e)

any breach by you of any of your obligations provided for in this Terms and Conditions; and

  (f)

any cause whatsoever or howsoever related to the UOB Internet Banking (Business) Service or this Terms and Conditions.

28.2

For the purposes of this Clause 28, UOB shall be deemed to contract on behalf of and for the benefit of all persons who are or may be its directors, employees, nominees and agents from time to time and all such persons shall to this extent be or be deemed to be parties to the terms and conditions of this Terms and Conditions.


P. EXCLUSION OF LIABILITY

29.1

The terms and conditions of this Terms and Conditions constitute the entire Terms and Conditions between you and UOB. It is understood and agreed that, UOB, no other person, firm or corporation or other legal entity whatsoever (including UOB's employees, agents and/or independent contractors) is, or shall be deemed to be liable, under any circumstances for any loss of business, profits or goodwill or for any indirect, special or consequential damages of any kind arising in any way, including from your use or inability to use the UOB Internet Banking (Business) Service or from errors, effects, delays or failures in transmission or operation. UOB shall not be liable for any loss or damage whatsoever and howsoever caused on the part of any person(s) whether or not arising from or in connection with and including but not limited to the following:

  (a)

any loss or damage caused by incompatibility between your equipment and the UOB Internet Banking (Business) Service, including but not limited to any adverse outcome, damage loss, disruption violation, irregularity or failure arising from the use of or reliance on computer hardware, software, electronic devices, online networks and/or, internet browser providers (such as Netscape or Microsoft);

  (b)

any loss or damage caused by failure or fault in equipment, software, hardware or Internet browsers, Internet service providers, telecommunication service providers or systems operators, or their respective agents or sub-contractors, any industrial dispute or any other person or circumstances beyond UOB's control;

  (c)

any loss of information or compromise in security regarding any of the Account(s) or any loss or damage suffered or incurred by you arising from your use of e-mail to communicate with UOB or as a result of you not following instructions, procedures and directions for the use of the email service or not using e-mail forms which are prescribed or approved by UOB;

  (d)

the installation, maintenance or operation of the UOB Internet Banking (Business) Service Software where applicable;

  (e)

any computer or system virus interference(s), "Trojan horses" or other harmful components that may interfere with the UOB Internet Banking (Business) Service, the UOB Internet Banking (Business) Service Software, the web browser or computer systems of UOB, yourself or the Internet service provider;

  (f)

any breakdown or malfunction of any of the software or equipment used in connection with the UOB Internet Banking (Business) Service, whether belonging to UOB or otherwise, including but not limited to any electronic terminal, telecommunication device or any part of the electronic fund transfer system;

  (g)

any loss, theft, or use (whether actual, purported, authorised or unauthorised) of the User ID(s) Password(s) and PlN(s), the UOB Internet Banking (Business) Service Software, or the UOB Internet Banking (Business) Service, including any loss arising from UOB acting on Instructions issued under an unauthorised use of your User ID(s), PlN(s) and/or Password(s);

  (h)

any unauthorised use and/or access to information relating to your Account(s), Designated Account(s), transactions, Instructions and other instructions issued by you to UOB as a result of your use of the UOB Internet Banking (Business) Service (except where such access was obtained as a result of UOB's gross negligence or wilful default);

  (i)

any loss or theft of your User ID(s), PlN(s), Password(s) and/or Token(s);

  (j)

any failure or refusal by UOB to effect any instructions given by you or any Instructions due to any order of court, notice, directive or any statute, regulation or by-law:

  (k)

any destruction or alteration or error in the transmission of your Instructions, data or information transmitted by you or UOB through the UOB Internet Banking (Business) Service;

  (l)

any inaccurate, garbled or incomplete Instructions that may be transmitted through the UOB Internet Banking (Business) Service;

  (m)

any failure by you to follow the latest instructions, procedures and directions for using the UOB Internet Banking (Business) Service;

  (n)

any delay in the payment, delivery or non-delivery of any documents or materials whatsoever under this Terms and Conditions, including any delays caused by third parties:

  (o)

any loss resulting from your reliance on any news, reports or any other information that may be provided as part of, or by means of the UOB Internet Banking (Business) Service;

  (p)

any loss associated with systems failures, processing errors, software defects, operating mistakes, hardware breakdowns, capacity inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks, hacking incidents, fraudulent actions and inadequate recovery capabilities which may arise despite UOB's best efforts;

  (q)

any disclosure of any information to third parties arising as a result of your negligence or failure to keep your User ID(s), PlN(s) and/or Password(s) confidential

29.2

UOB will not be liable for any breakdown, interruption, failure, closure or malfunction of any equipment used in connection with the UOB Internet Banking (Business) Service whether belonging to UOB or otherwise, including but not limited to any electronic fund transfer system, electronic terminal, telecommunication device or system, data processing system or transmission link.

29.3

In the event that UOB is held liable pursuant to the provision of the UOB Internet Banking (Business) Service, UOB's liability arising for any reasons whatsoever, shall be limited to direct loss or damage which, in the ordinary course of events, might reasonably be expected to result from the circumstances in question and only if such loss or damage is caused by UOB's gross negligence or default, and the extend of the liability of which shall be determined at UOB's absolute discretion, notwithstanding the extend of the loss or damage in question.




Q. NOTICES

30.1

Any notices required to be given in respect of the UOB Internet Banking (Business) Services by UOB to you may be given in any of the following manner as determined by UOB in its absolute discretion: -

  (a)

by electronic mail to your last known e-mail address in UOB's records and such notices shall be deemed to be received after 24 hours from transmission; or

  (b)

by facsimile or telex to your last known facsimile or telex number in UOB's records and such notices shall be deemed to be received upon confirmation of the transmission from the transmitting machine.

  (c)

by ordinary post or registered post or courier sent to or left at your last address registered with UOB and shall be deemed received by you within five (5) Business Days from posting if sent by ordinary or registered post and within three (3) Business Days from sending if sent by courier;

  (d)

by displaying the notices at UOB's branch premises or UOB's website and such notices shall be deemed effective within seven (7) days from the date of such display;

  (e)

by way of advertisement or general notice in one major national newspaper and the notice shall be deemed effective from the date of such notice or the date specified in the notice, as the case may be.

30.2

Unless otherwise provided herein any notices (excluding Instructions) required to be sent hereunder by you to UOB may be given in any of the following manner:-

  (a)

through the UOB Internet Banking (Business) Services to UOB and such notices shall be deemed to be received once you receive a confirmation of such receipt via electronic mail from UOB's system; or

  (b)

via any Approved Communication Channel to UOB 121 and such notices shall be deemed received by UOB in accordance with the time specified with respect to such Approved Communication Channel;

  (c)

by ordinary post or registered post or courier sent to or left at the branch where the Account is maintained and shall be deemed to have been received by UOB.

30.3

You shall promptly inform UOB of any changes in your personal details, your telephone or facsimile numbers or your electronic mail, correspondence and/or residential address in writing or via an Approved Communication Channel.


R. YOUR REPRESENTATIONS AND WARRANTIES

31

You hereby represent and warrant to UOB that:

  (a)

you have, under your constitutive documents, the full capacity, authority and power to enter into this Terms and Conditions;

  (b)

you have all authorisations, consents, licenses and/or approvals required under all applicable laws to accept and agree to the terms and conditions of this Terms and Conditions, to operate the Account(s) and Designated Account(s), to issue Instructions and to enter into transactions; and

  (c)

such individual or individuals appointed in Clause 17 above are duly and properly appointed in accordance with your constitutive documents or any other relevant documents.




S. AMENDMENTS

32.1

UOB reserves the right from time to time and with prior notice to impose such further terms and conditions and make such changes to this Terms and Conditions as well as to any of UOB's terms and conditions applicable to each of the services available under the UOB Internet Banking (Business) Service as UOB may in its sole and absolute discretion deem fit. Your continued use of the UOB Internet Banking (Business) Service shall be deemed acceptance of the aforesaid amendments and/or changes.

32.2

Notice of amendments or changes to this Terms and Conditions or any terms and conditions shall be deemed to have been given to you by displaying such notice thereof in the premises of UOB or any of its branches; or by advertising such notice thereof in the main daily English and Bahasa Malaysia newspapers or via radio or television broadcasts or any other media as may be chosen by UOB; or by posting such notice thereof by ordinary mail or electronic mail to your last known address or electronic mail address in UOB's records; or by transmitting such notice thereof by electronic mail service through the UOB Internet Banking (Business) Service; or by displaying such notice thereof in the Website.

32.3

You shall be bound by any amendments and/or changes to this Terms and Conditions or any terms and conditions referred to herein from the date as may be determined by UOB or in the event that no date is specified, from the date of such display, publication, advertisement, broadcasting, posting or transmission.


T. WAIVERS

33

The waiver by UOB of any breach or default of any of the provisions of this Terms and Conditions by you shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of UOB to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you.


U. ENGLISH VERSION TO PREVAIL

34

If there are any differences in meaning between the English version and any translation of any terms and conditions, the English version shall prevail.


V. INVALIDITY OF ANY PROVISION

35

If any of the provisions of this Terms and Conditions or any part thereof becomes or is held to be invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.


W. GOVERNING LAW AND DISPUTE RESOLUTION

36.1

This Terms and Conditions and all the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of Malaysia and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia. For the avoidance of doubt, you hereby consent to the service of process (whether personal or otherwise) by prepaid post (ordinary or registered) to your last known address as stated in UOB's records and you shall be conclusively deemed to have received five(5) days following such posting despite any evidence to the contrary. Notwithstanding the generality of the foregoing, any proceedings whatsoever for the recovery and/or enforcement of any monies claimed to be due from UOB shall be instituted by you solely in the courts of the Malaysia unless UOB agrees otherwise in writing and any judgement or order of courts made against UOB shall be enforceable or executed against any of the company within UNITED OVERSEAS BANK Group.

36.2

This website is designed for use in Malaysia only and is not directed to, not intended for distribution or use by, any person or entity in any jurisdiction or country where the publication or availability of this website or such distribution or use would be contrary to local law or regulation. Nothing in this website shall be construed as UOB providing banking services and facilities outside Malaysia. If you choose to access information on this website, it is your responsibility to comply with the local, national or international laws and any use of this webpage outside Malaysia is entirely at your own risk. For guidance related to your specific situation, please consult your legal adviser.