THE LEGAL MUMBO JUMBO
WE PAID OUR LAWYERS FOR THIS, AND TO GET OUR MONEY'S WORTH, WE WANT
YOU TO READ IT ALL, CERTAINLY BEFORE YOU GO ON ENJOYING YOURSELF ON
THIS WEBSITE WITHOUT KNOWING WHAT YOU ARE IN FOR. NO EXCUSES.
WELCOME
TO THE MANHATTAN WEBSITE
TERMS AND CONDITIONS!
For starters, we at the STANDARD CHARTERED BANK
welcome you, a friend of our MANHATTAN Card community. We promise you
a great time browsing through this Website, but hey, there are rules
out there you'd better know before you do.
We don't want to demand yet another signature on you,
so it is this simple: when you visit us at this Website or use any of
the good stuff that we offer here, that indicates to us that you have,
in legal mumbo jumbo, accepted these Website Terms and Conditions ("Ts
& Cs") as "binding and enforceable" on you. If you
don't like the idea of being "bound" by any of these legal
stuff, sorry, we will have to say "goodbye" as we show you
the door
..
WHO WE ARE
We are the Singapore Branch of the Standard Chartered Bank, incorporated
in England and Wales with limited liability by Royal Charter 1853, under
reference ZC18 and our principal office is in England at 1 Aldermanbury
Square, London, EC2V 7SB. You can reach us in Singapore at this address:
No 6 Battery Road Singapore 049909
We are the issuer of the MANHATTAN Card and the owner
of this Website.
IT'S A SMALL WORLD
Small as it is, we can never always (only sometimes) guess where you
are. We'd like to believe that honesty is the best policy, so if you
are anywhere outside Singapore (where we are), for goodness sake, ask
your fellow countrymen (the law-abiding ones) whether legal trouble
awaits before you show any interest in what we are offering. Don't say
we didn't warn you. One more thing: our lawyers say that you should
know that these Ts & Cs are "governed by Singapore Law (including
without limitation, the provisions of the Evidence Act (Cap. 97) and
the Electronic Transactions Act (Cap. 88)) and you agree to submit to
the non-exclusive jurisdiction of the Singapore Courts in the (unlikely)
event of any dispute between us". A mouthful, but for what it's
worth, don't doubt the lawyers.
WHAT WE DO AND DO NOT
Please don't expect us to offer, sell, recommend or give you advice
not concerning credit cards. Well, actually we do, but not from this
Website, and certainly not in countries where we are not permitted to
do so.
The good stuff we have on this Website is not always available
everywhere, and like all things, may change anytime. All such cool stuff
must come with a price: boundaries (called "applicable terms and
conditions"), and our fees and other charges (yes, we've got to
eat too!). Read on, and call us if you want to know more.
GETTING BETTER
We will want to beat every web publisher's dream to have the coolest
site on Earth, so be prepared that we will keep changing what you see
on this Website. Got wacky ideas? Tell us!
DON'T BLAME US
(This is important so the laws of some countries say we have to shout
it - so don't be alarmed.)
WHAT YOU SEE IS WHAT YOU GET. DON'T RELY ON EVERYTHING
YOU SEE AS GOOD ENOUGH FOR YOU. YES, WE TAKE GREAT PRIDE IN THE CONTENTS
OF THIS WEBSITE, BUT HEY, IT IS AFTER ALL STILL A WEBSITE, AND WEBSITES
CANNOT TAKE THE PLACE OF PROFESSIONAL ADVISORS.
WE CANNOT AND DO NOT WANT YOU TO BELIEVE (CALLED "REPRESENT")
THAT THIS WEBSITE IS ANYTHING MORE THAN A WEBSITE FOR CURIOUS MINDS.
WE BELIEVE (CROSS OUR HEARTS) SOME THINGS TO BE CORRECT, BUT WE STAND
CORRECTED IF FOUND NOT TO BE ACCURATE OR UP-TO-DATE. LIKE THE LEGAL
FOLKS SAY, "NO WARRANTY, IMPLIED OR EXPRESS" HERE. WANT TO
CHECK OUT SOMETHING WE SAID HERE? TALK TO YOUR PROFESSIONAL ADVISORS.
RELY ON THEM WHEN MAKING YOUR SERIOUS BUSINESS, BANKING OR INVESTMENT
DECISIONS.
DON'T BLAME US IF YOU LOSE ANY OF YOUR POSSESSIONS, SUFFER
ANY PAIN, CONTRACT ANY VIRUS OR GET ATTACKED BY WORMS (READ ON). WE
WILL NOT BE "LIABLE"!!
NASTY VIRUSES & OTHER
PAINS
Heard of "viruses"? Much as we don't like them, they lurk
everywhere, maybe even here. Try as we might, there is no stopping them
if they barge their way in here. Look out! HERE IS THE LEGALESE (WE
PAY OUR LAWYERS, YOU KNOW): WE CANNOT ACCEPT ANY LIABILITY FOR ANY LOSS
OR DAMAGE CAUSED BY ANY SUCH VIRUSES, OR ITS MANY VARIANTS SUCH AS WORMS,
TROJAN HORSES, OR OTHER MALICIOUS CODE.
You will have learnt by now that along with death and
taxes, the third certainty in life is computer downtime. While we throttle
our techies when we get any downtime, they say the computers don't obey
them all the time (we wonder why too). So don't get too agitated, will
you, if you are not able to access this Website or any of the good stuff
here.
ONCE AGAIN, TO APPEASE THESE LAWYERS, HERE GOES: WE CANNOT
ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY SUCH DOWNTIME.
LINKS ARE ON THE HOUSE BUT
DON'T BLAME US
SOMETIMES OUT OF SHEER KINDNESS, WE MAKE IT EASY FOR YOU TO MEET OUR
FRIENDS ON THE WEB, VIA LINKS. BUT DON'T THINK THAT WE AGREE WITH WHAT
THEY DO OR SAY ON THEIR TURF; ACTUALLY, WE MAY NOT EVEN LIKE THEIR OWNERS
SO NO "WARRANTY OR ENDORSEMENT" OF THESE WEBSITES AND CERTAINLY
NO "ASSOCIATION WITH THE OWNERS". LAST BUT NOT LEAST, NO "LIABILITY"
FOR SUCH KINDNESS.
BEFORE YOU TELL US ANYTHING
We love to know you and all that you want to tell us about you. But
know this: we may want to share some of these bits of information with
our friends. Before you send us any juicy info or personal particulars,
read our Personal Space Policy: click
here.
EVEN MORE TO READ
Yes, there's more! Remember the boundaries (called "applicable
terms and conditions"), and our fees (what we live on)? Some products,
services and stuff on this Website will come with some more boundaries
and fees!
BEFORE YOU E-BANK
If you use our electronic banking services, check out our E-Banking
Terms And Conditions. Click here.
PLEASE PROTECT US
(Turning up the volume again)
IN RETURN FOR ALL THE FAVOURS WE DO FOR YOU, WE WILL BE LOOKING TO YOU
FOR SOME APPRECIATION (IT'S CALLED "INDEMNITY" HERE). IF YOU
(OR ANYONE WHO PRETENDS TO BE YOU, AS IN USING YOUR ID AND PASSWORD,
CALLED "YOUR IMPOSTOR") DISAPPOINTS US IN ANY WAY OR BRINGS
US ANY PAIN, LOSS OF ANY OF OUR POSSESSIONS OR GET US INTO TROUBLE WITH
THE LAW OR LAWYERS (AND THEIR BILLS!), WHETHER IT IS BECAUSE:
(a) YOU (OR YOUR IMPOSTOR) BREACH (ES) ANY OF THESE Ts
& Cs; OR
(b) OF YOUR (OR YOUR IMPOSTOR'S) ACCESS OR USE OF THIS WEBSITE OR ANY
OF THE GOOD STUFF FROM OR VIA THIS WEBSITE;
THEN, SORRY, YOU WILL HAVE TO MAKE GOOD ALL OF IT (IT'S
CALLED "INDEMNIFY" HERE) TO US BY PAYING US A BUNCH OF MONEY
EQUAL TO WHAT WE HAVE SUFFERED OR WILL SUFFER.
NOTHING PERSONAL
Really, if you misbehave or refuse to toe the line, or if we cannot
help but change our minds about you, we might have to reconsider our
friendship. We might want out without telling you, so try not to be
surprised. Don't ask why, when or where: it's nothing personal really.
NOT YOURS
Everything you read, see, hear, smell, touch (except that keyboard of
yours) and feel at this Website belongs to us, and we are very possessive
about them. This is called "copyright". So don't try copying,
downloading, distributing, or publishing any of this stuff (all of which
are called "breach of copyright") unless you ask and we say
in writing, "go ahead" (called "written consent").
And don't even think of inserting a hyperlink to this Website on any
other website or do what the techies call, "mirror or frame"
any material on this Website on any other server: we will get you!
In case you need more leads, here are some samples of
what belongs to us:

"STANDARD CHARTERED BANK",
These marks names and logos (and more) are what our legal eagles call
"trade marks and service marks" of Standard Chartered PLC
and used by Standard Chartered Bank and companies within the Standard
Chartered Group or our business associates, stuff you should not (we
repeat) use, copy or download without our written consent.
On the flip side, know that anything you choose to tell
us or give us through this Website will give us a "worldwide royalty-free
perpetual licence to use the copyright and intellectual property rights
in such information or materials for any purpose and we may without
limitation, copy, transmit, distribute and publish the same, unless
the applicable law does not permit us to do so". That's quoting
our lawyers again.
There are no secrets unless they are secrets. So make
us agree (seriously, in writing) to uphold your secrets if you have
any. Otherwise, don't send us any secret stuff!
IGNORE THESE HEADINGS
All headings in these Ts and Cs are only pointers and do not mean anything,
with no legal effect. But aren't you glad you have read them anyway?
back to TOP
PERSONAL SPACE POLICY
This Data Protection and Privacy, eh we mean, Personal
Space Policy ("Policy") relates only to information
that you give us through this Website ("Data"). If
we have received anything on or about you outside this Website, that
would not fall within this Policy.
KUDOS TO THOSE WHO RESPECT
We, the Standard Chartered Bank ("SCB"), respect
the privacy of your personal information.
WE BELIEVE YOU CONSENT
If you give us any Data, you also give us your consent that we may deal
with such Data under this Policy. Otherwise, please don't give us any
Data.
WE CAN DO, AND WE WILL
We will treat your Data with some decency, like keeping it to ourselves
and people we trust (such as companies within the SCB Group), and with
some security measures in place. There are also certain persons we might
have to share your Data with, like our regulators, our lawyers, our
auditors, our third party service providers, any agent acting on our
behalf, any referee whose details are provided to us by you, our business
alliance partners, and our insurers.
Don't worry, we will otherwise not share your Data with
any one else unless you agree, or if, as law-abiding folks, we have
to
well, abide by any law that requires us to share your Data.
Sometimes, we will merge your Data with that of our other customers
so that your Data won't be specific anymore. Guess there's no problem
sharing the general Data freely then.
NO VENTURE, NO GAIN
We rely on the universal convention that if you give us your phone number,
fax number, address, or email address, it would not be for no reason,
so we will use them to contact you.
We will use the Data to provide you with the services
you have requested at this Website, update and enhance our records,
improve the design and marketing of our range of services and related
products for customer use, to continually monitor and improve our services
to customers like you and to keep you informed about our products, services
and other opportunities, and where applicable, to consider and process
your requests.
IT'S AN IMPERFECT WORLD,
BUT NOT FOR SOME
Nothing in this world is perfect and we do live in this world. Yet,
the data protection standards we use for ourselves are internationally
recognised standards of protection and in compliance with the relevant
laws.
We, as part of the SCB Group, have a self-imposed mandatory
IT security policy, pitched at a standard similar to the relevant elements
of British Standard 7799.
We will keep your Data for as long as we need it, want
it or have to at law, as law-abiding folks. After that, we destroy it.
COOKIES FOR ALL
Not something you can eat, this cookie. Better than that, it's a small
amount of data that our web server sends to your web browser when you
visit our Website, stores clues like your user id, password and your
visit details so that on your next visit, we may extend a warmer welcome.
Fresh cookies are 'baked' with each new visit. If your browser is set
to reject cookies, don't scream when you get turned away from some pages
the next time you return.
HOPE NOT TO HEAR FROM YOU
But we will want to hear from you if some Data of yours is disturbingly
wrong or even (when it shouldn't be) there at all. Don't' lose sleep
over it: drop us a line and reimburse us (if what you want us to do
costs money), and we will do what we can never to have to hear from
you again, about this at least. Write us at Legal & Compliance Department,
Singapore, 6 Battery Road, 5th floor, Singapore 049909 (Fax number:
(65) 6220 0605).
WE CHANGE, WHO DOESN'T?
We never stop learning, and want to outdo ourselves all the time. Let
us surprise you: check this Policy for updates before you send us any
new Data. Anyway you should because the latest Policy will always apply
to any new Data you send to us.
HANG LOOSE
We don't call this a policy for nothing. Of course we believe in it,
sure try to live by it. But it's no legal clout, this one, so don't
hold it against us.
LIVE AND LET LIVE
But isn't this what life is all about? Sorry, we have to shout, again,
but this is kinda important: "BY PROVIDING US WITH YOUR DATA, YOU
AGREE THAT WE CANNOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY
OR INDIRECTLY FROM THE PROVISION OF SUCH DATA TO US, OR FROM ANY FAILURE
ON OUR PART TO COMPLY WITH THIS POLICY". Now, we've got our lawyers
off our backs.
back to TOP
E-BANKING TERMS AND CONDITIONS
Don’t let the title fool you. Not only does
it look serious, it is. Read them carefully because these terms bind
you. No chance of any getaway.
SO WE HAVE A CONTRACT!
Yes, indeed. If you’ve asked for an e-banking service (“Service”)
in one of our electronic/printed applications (“Application”),
then you have agreed to be bound by these terms (“E-Banking
Terms”). Oh yes, you have – read the Application
again. If we have provided the Service to you, then we have a contract
based on these E-Banking Terms (called an “Agreement”).
TO THE POWER OF E-BANKING
Let us unveil some of the power of these E-Banking Terms:
-
We’re empowered to change any of these anytime
we like and as often as we like, and believe us, we will. Veer off
to Clause 12 if you will;
-
As in the overdrive mode, you can assume that these
override all other Service terms, except those in the Application,
and except when we tell you otherwise ;
-
Take these as added fuel to what you have already
signed up for. Add these to those other terms for your banking accounts
and services that we have given you for enjoying the Service. Heaven
forbid, but if these E-Terms say something that may crash headlong
into those other terms, , then just keep driving straight ahead because
these E-Terms reign supreme;
-
We’re talking single-acting and single-action
engines here: you can e-bank only if you hold individual accounts
and if your joint accounts operate with a single signing authority.
See the last section below for meanings of some of the words used here.
If you can’t find something there, then it is not there.
| 1. |
TAKE YOUR BEARINGS |
| |
1.1 |
You can use this Service for all your accounts with
us except for some. Call us if you want to know what’s in
and what’s not. |
| |
1.2 |
Go with the traffic. You can start using the Service only when
we say “go”, and that’s when we accept your Application
and register you for the Service. |
| |
|
|
| 2. |
WATCH THE LIGHTS |
| |
2.1 |
Something you must obey. We call it our User Guidance (yawn,
but aren’t all manuals supposed to be called that??). But
it’s quite fun really, cos we’ll tell you the do’s
and don’t’s of the Service, how it ticks and when it
slows down….And you know what happens when you beat the lights,
don’t you? They’ll get you. |
| |
2.2 |
Sometimes we will change the rules of the road so keep checking
the User Guidance from time to time. |
| |
|
|
| 3. |
NO SPEED LIMITS, ANYONE? |
| |
3.1 |
Fat chance. We expect high standards from folks like you. If
you don’t watch your own backs, who will?. Don’t blame
the cops for that speeding ticket if they think this other guy’s
YOU when you pass this other guy your car . The buzzword here? Security.
|
| |
3.2 |
Let’s start slowly. You want to get through to an electronic
Service, you got to tell us who you are. We will give your own licence
plate (our techies call it “User ID”), give you a few
digits (this one’s called “initial password”)
that you can tweak (that “Password” thingy) to make
it your own. Hey presto. You’ve got the potent combination
of “Security Codes” that tells us that you are YOU.
|
| |
Keep that seatbelt on |
| |
3.3 |
Now that you have your Security Codes, what do you do? |
| |
|
| 3.3.1 |
Be a chameleon, change your Password regularly
but never use the same one again (surely you can do better?).
|
| 3.3.2 |
Don’t be a fool, using your birth dates, your girlfriend’s
mobile number, your car plate as your Password. Like they
say, a fool and his money are soon parted. |
| 3.3.3 |
Keep those Codes secret. Never trust no one, not even your
parents. |
| 3.3.4 |
No diary’s better than the one on your shoulders.
Keep your those Security Codes cool in that head of yours.
Please, don’t write it down, please. |
| 3.3.5 |
Smell a rat? Lost that Code? Then change those Codes NOW,
and don’t let them get you. Then you have to call us
right away, otherwise we will not know about it. |
|
| |
Checkmate. Ever learnt how to spell “Risk”? |
| |
3.4 |
Don’t wait till it’s too late, and it won’t
be. Take a look again at those boring sheets called “statements”.
They are your proof of life. READ THEM. You have to tell us immediately
if they are wrong. |
| |
3.5 |
Do not trust anyone with the keys to your car – do not let
anyone use the Service on your behalf. |
| |
3.6 |
Log off when you go to the loo. Or when you nap. Or before you
leave our branches. Wherever you are, whoever’s PC you’ve
used, LOG OFF when you’re done. |
| |
3.7 |
Heard of a local area network (or LAN)? That spells RISK, cos
someone out there could be watching you, copying you and then being
YOU. Look out! |
| |
3.8 |
Remember our “User Guidance”? There’s more
stuff in there about security that you should read. Why? Well cos
you’ll be bound by them whether you read them or not. |
| |
|
|
| 4. |
WE GO WHEN YOU SAY
GO? IT’S A DEAL!- |
| |
4.1 |
It’s YOU we want to hear from, talk to, cruise with. But
someone uses your Security Codes, he becomes YOU to us and we will
be none the wiser. Your Security Codes spell YOU and we’ll
do what you say without checking further with you. Yes, even if
it’s not the real YOU. |
| |
4.2 |
There are impostors, we know. And we don’t like them either.
Trouble is, how do we know that they are not you? And would you
have to pay if they take what’s yours? Now now, that depends.
If you have not obeyed all of Clauses 3.1 to 3.8, especially Clause
3.3.5, : “you will be held liable for all losses due to unauthorised
use if you have acted fraudulently or with gross negligence or if
you are in wilful default of any of the security obligations described
in sections 3.1 to 3.8 inclusive”. We warned you. |
| |
4.3 |
Vigilance. That could save you. You will not be responsible for
losses caused by impostors if you’ve complied with Clause
3.3.5 and warned us that you’ve been had and your Security
Codes aren’t security codes no more. Or if it’s entirely
our fault. And that is if you prove that this “is a result
of our failure to comply with Clause 8.1 or any negligence or wilful
default on our part”. You’d better be sure, dead sure. |
| |
4.4 |
Believe it, we can be serious. Yes, this is one of those bits
we are going to be, on account of our legal boys. Hear this. “You
must not use the Service to create an unauthorised overdraft on
any of your accounts and we are entitled to refuse to accept any
instruction that would do so. If an unauthorised overdraft is created,
we may take any action we think fit and charge any interest and
charges to the account in question (in accordance with the terms
and conditions of that account).” We haven’t finished.
“You agree that: |
| |
|
| 4.4.1 |
it is your responsibility to make sure that
no unauthorised overdrafts are created; and |
| 4.4.2 |
you will not rely on the operation of the Service to prevent
an unauthorised overdraft being created. In particular, you
must remember that your cheques and any payment instructions
you have given via the Service might take time to clear and
might not always be immediately reflected in the balance on
your account”. |
|
| |
4.5 |
We know you won’t believe this, but we will still say it.
Some transactions cost money. Yes!! You give us instructions to
do something, we do it. So you pay us. Not just for the transactions,
but our charges too. Do not change your instructions or attach conditions
to your instructions. We won’t let you, but if we get fickle
on this, then here’s what our legal friends have told us to
tell you: “we may at our discretion try (but shall not be
obliged) to do so to the extent that this is possible under the
rules and practices of the banking system”. And this: “you
agree that you will be responsible for any costs we incur as a result”.
|
| |
4.6 |
We will have the right to say “no” to anything you
want us to do. Or we could ask you to give us one of these written
confirmations to tell us more. We will have the right to reverse
anything done if we suspect that wasn’t YOU who told us to
do it. If we do so, it’s for your own good, so don’t
blame us: we “will not be responsible for any loss to you
that results from such a reversal”. |
| |
4.7 |
There are time limits for giving instructions if you want them
carried out in our normal time cycle. We call them “cut-off
times”. When you want us to do anything for you (called “an
instruction”), check out the cut-off time. We try to be somewhat
punctual, so don’t be surprised if it’s past the cut-off
time for the normal time cycle. You’ll just have to wait till
the next time cycle before it is carried out. And one more thing:
our cut-off times may change. We’ll try and tell you about
that when it happens, promise. |
| |
|
|
| 5. |
WE NEVER SEE DOUBLE
|
| |
5.1 |
Heard of this creature called “joint accounts”? Yes,
we mentioned it earlier, didn’t we? You’ve got to operate
this on a single signing authority (the “soul guy”)
before you or any of your joint account holders (any of your “soul
mates”) may enjoy the Service. So when we say “joint
accounts” here, we mean only you soul mates out there.
If any soul guy gets registered to e-bank, he gets to operate the
joint account and give us instructions through e-banking, even though
his soul mates may not be registered and may not have asked to e-bank.
If this is new to you, you are right. It “amends any other
existing arrangements in connection with your authority to operate
joint accounts.” So, if you are the registered soul guy, we’d
expect you (in other words, you undertake) to tell your soul mates
what you’ve done. That way, all your soul mates are bound;
|
| |
5.2 |
At this juncture, a bit of legalese might help. “You agree
that you cannot hold us liable for carrying out any instructions
made by a joint account holder (your soul mate, that is), and you
will protect us from all claims by your joint account holders made
against us.” |
| |
5.3 |
“In connection with any account which you hold jointly
with others and requires two or more authorised signatories to be
operated, you and the joint signatories will only be able to utilise
such part of the Service which allows you to obtain information
about the account, including but not limited to the balance of the
account.” |
| |
|
|
| 6. |
HIDE AND SEEK |
| |
6.1 |
Not a game we want to play. We won’t hide, you normally
know when we are awake and online, and when we snooze and get offline.
Learn all about our hours from our, you’ve guessed it, User
Guidance. Be prepared though for the unexpected: like our techies’
“routine maintenance requirements, excess demand on the systems
and circumstances beyond our control”. Even the techies can’t
tell us when that’s going to happen so don’t blame us
when it does. |
| |
6.2 |
One more thing we don’t hide. We grow on you and with you.
So we may change the way things are. Like the when’s and how’s
of the Service, the what’s in store for you, the exciting
and the essential. We will try and tell you before we do, even if
that takes the fun out of it. |
| |
|
|
| 7. |
PUMP IT UP. BUT NO DIESEL
PLEASE. |
| |
7.1 |
If you want to drive your car, you need gas to get going. If
you want to access and operate the Service, you need our Service
Software. There’s just one catch. It’s a self-service
gas station. We leave it to you to check if the Service Software
is compatible with Your System and to install the Service Software.
To oblige our gas attendants and our lawyers, we have to take this
position: “we cannot be liable to you for any loss you may
suffer as a result of any incompatibility between the Service Software
and Your System”. |
| |
7.2 |
Heard of viruses? A virus by any name would do the same. And
there are lots of mean and nasty ones out there these days. From
viruses, to worms, Trojan horses, software terrorists and extremists
(why don’t we just call them “Viruses”).
You have to safeguard Your System. Protect yourself and protect
us. We’re really not going to be pleased if you gave us any.
|
| |
7.3 |
We’ve said it before. Want to hear it again? “You
must not access the Service using any computer or other device which
you do not own unless you have first obtained the owner's permission
to do so.” If you break this rule and get us into trouble?
You will have to bear all our loss and damage. |
| |
7.4 |
Caveat emptor. Famous words with infamous consequences. Our lawyers
insist that we take this position. So we have: “We cannot
be responsible for any services that are not controlled by us, which
you access using the Service, or for any loss you may suffer as
a result of you using such a service. You must comply with all the
terms and conditions of such a service and pay all the charges connected
with it.” |
| |
7.5 |
When we supply you with the Service Software, or other materials
or information (including the User Guidance) we give you a non-exclusive,
non-transferable, temporary licence to use them only to access the
Service. Now, know this. “The Service Software and all other
material and information supplied to you, including the User Guidance,
contains valuable information that belongs to us or others. You
must not: |
| |
|
| 7.5.1 |
use them except in connection with accessing
the Service; |
| 7.5.2 |
take copies, sell, assign, commercially rent, sub-license,
otherwise transfer them to any third party; or |
| 7.5.3 |
try to decompile, reverse engineer, input or compile any
of the Service Software”. |
|
| |
7.6 |
Wonder why we love lawyers.
Now, know this as well. “If you access the Service from a
country outside the Republic of Singapore, you are responsible for
complying with the local laws of that country, including (but not
limited to) obtaining any licence needed for the import / export
of the Service Software to that country.” |
| |
|
|
| 8. |
”AS RESPONSIBLE
MEMBERS OF SOCIETY… |
| |
8.1 |
…we will take reasonably practicable steps to ensure that
our systems in connection with the Service are installed with adequate
security designs and to control and manage the risks in operating
the systems, taking into account any law, rules, regulations, guidelines,
circulars, codes of conduct and prevailing market practices which
may be applicable to us from time to time”. Like this? More
to come… |
| |
8.2 |
”And we will not be liable for any loss or damage to you
as a result of making the Service available to you, including any
direct, indirect, consequential or special loss, even if we have
been advised of the same. Examples of circumstances in which we
will NOT be liable to you for loss or damage resulting to you through
the use of the Service include (but are not limited to): |
| |
|
| 8.2.1 |
acting on an instruction which has been authenticated
as coming from you but which in fact was given by somebody
else (but please see sections 4.2 and 4.3 which explain the
exceptions to this rule); |
| 8.2.2 |
any incompatibility between Your System and the Service;
and |
| 8.2.3 |
any machine, system, security or communications failure
(except where it should have been prevented had we complied
with clause 8.1), industrial dispute or other circumstances
beyond our control that leads either to the Service being
totally or partially unavailable or to instructions given
via the Service not being acted upon promptly or at all; and |
| 8.2.4 |
your reliance on any financial information provided as part,
or by means, of the Service (you should never do this); and
|
| 8.2.5 |
any misuse of Your System by you or anyone else or any misuse
of you by Your System; and |
| 8.2.6 |
any access to information about your accounts which is obtained
by a third party as a result of your using the Service (except
where that access is obtained as a result of our gross negligence
or our wilful default); or |
| 8.2.7 |
someone hacking into or introducing a Virus that infects
Your System or any of our systems and causes damage.” |
|
| |
8.3 |
Hey, we finally understand our lawyers. They also asked us to
say that “if despite Clause 8.2, we ever become liable for
any loss or damage to you as a result of your use of the Service,
we will only be liable for direct loss or damage which, in the ordinary
course of events, might reasonably be expected by a non-psychic
to result from the circumstances in question and only if such loss
or damage is caused by our gross negligence or wilful default.”
|
| |
8.4 |
Get real. This is an e-service. We can’t read your mind.
If you want something done by a particular time, don’t expect
that to happen. Talk to us. We are human. Call us at 1800 747 7000.
Sure we’ll try, but “we cannot be liable for any failure
to carry out any instruction by any particular time”. |
| |
8.5 |
We’re getting better at this. “You shall indemnify
(cough up money to pay… ) us, our employees and our nominees
or agents promptly and on a full indemnity basis from or against
all actions, omissions, negligence, proceedings, claims, demands,
damages, losses (including direct, indirect or consequential losses),
costs and expenses including all duties, taxes, or other levies
and legal costs as between solicitor and client (on a full indemnity
basis) and other liabilities which we may incur or suffer from or
by reason of your use of the Service.” |
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|
|
| 9. |
YOU BREAK A TERM? |
| |
Boy, are you in trouble. We’ve mentioned this
word “compensation”, haven’t we? You’re
on. You must compensate us for any “damages, loss, costs and
expenses we suffer and any liability we may incur, as a result of
your breaking any term here.” |
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|
|
| 10. |
THE MEANS TO AN END |
| |
10.1 |
The day you become unfriendly, and want to stop using the Service,
write us and tell us. Make it less painful, will you? We will try
not to take it personally – but do stay in touch. |
| |
10.2 |
Saying goodbye may mean having to end it all. If you have many
accounts with us, we have the right to stop you from using the Service
to access any and all your accounts. |
| |
10.3 |
Don’t bet your life on the Service, cos we’ve the
“right to end or suspend your use of the Service at any time”,
too. We’ll shoot for between 0 to 30 days’ notice, cos
much as we like to tell you really early, we can’t sometimes.
Like when you’ve misbehaved, refused to toe the line. Or like
when there’s a security concern somewhere that we’ve
got to take care of. And hey, it’s not personal, too. |
| |
10.4 |
Remember you soul mates out there? Good. The same goes for them.
If any of your soul mates comes and tells us : |
| |
|
| 10.4.1 |
that the joint account can no longer be operated
by you alone; or |
| 10.4.2 |
that he is no longer prepared to accept that you may operate
the joint account using the Service, |
|
| |
|
we’ll listen. We have the right to end the use of the Service
immediately on all your accounts. |
| |
10.5 |
One more mundane thing about this topic. “If your use of
the Service comes to an end for any reason, this will not affect
any instructions you have already given via the Service, unless
we cannot (or refuse to) carry out that instruction”. If there’s
more than one of you who’s signed the Application or you’re
a team of soul guys bound by these terms, and one of you withdraws
from the Service, this will not affect the use of the Service by
the others (except as we’ve already told you under section
10.4). |
| |
|
|
| 11. |
THE MEANS TO AN END |
| |
11.1 |
We work hard for our living. Real hard. So we’ll ask for
our dues. And they look like this : |
| |
|
| 11.1.1 |
we’ll charge you fees and charges (and
other fancy names) for the Service; and |
| 11.1.2 |
we’d change those fees and charges (and their fancy
names) once in a while. Here’s how it works. We’ll
see if we can give you 30 days notice before we change. If
you don’t like what you see, you pay nothing extra if
you cancel your use of the Service during the 30 days. But
hey, if you keep using the Service during and after the 30
days? Great! You’d have signalled to us, and we heard
you, that you have accepted the changed fees and charges (and
their other fancy names). |
|
| |
11.2 |
These fees and charges in section 11.1 are what we get paid for
when we provide the Service, and not for anything else. They’re
not all, cos we haven’t added those other fees and charges
for particular banking or other services we might provide in response
to your requests via the Service. If you want to know more, call
us and ask all your questions. We’ll tell you. |
| |
|
|
| 12. |
AS THE WORLD EVOLVES |
| |
12.1 |
So do we. We’ll get better with each season. We have the
right to change, and change and change the terms of this Agreement
when we feel like it. You’ll get to hear about it alright.
Either we’ll write you, or we’ll message you via the
Service. Your right to use the Service will not be affected by the
change until you have actually received the notice. Oh, we love
being “fair”. |
| |
12.2 |
Here’s more. We’ll work towards telling you 30 days’
before any change kicks in. We must be joking right? Well, there
are times when we can’t tell you early, as in emergency situations
or for security reasons. And yes, when you get the notice of any
change, and you go on using the Service, you’d be telling
us that you’re happy to accept the change. That’s a
true friend. But please remember, you have the right to end your
use of the Service at any time if you do not accept the change. |
| |
|
|
| 13. |
WHOEVER SAID THE LAW
WAS AN ASS? |
| |
13.1 |
We’d refute that. We don’t pay our lawyers for practising
as asses, do we? They’re great people. Because of them we
get to tell you this: “If any part of these terms is legally
unsound or unenforceable in any way, this will not affect the validity
of the remaining terms”. Told you. |
| |
13.2 |
Not a moment have we doubted our belief that the terms of this
Agreement are fair. “If any one or part of them proves to
be not legally valid because it is unfair or for any other reason,
we are entitled to treat that term as changed in a way that makes
it fair and valid”. Isn’t that fair? |
| |
13.3 |
Now listen to this. “If any term of this Agreement is unenforceable
against one of the customers signing this Agreement, this will not
in any way affect the enforceability of that term against the other
signatories”. All’s fair in love, war and law. |
| |
13.4 |
If we mellow and relax any of the terms of this Agreement just
once, it’s probably a temporary lapse or a special case really.
Such relaxation will not affect our “right to enforce that
term strictly at any other time”. Long live the law. |
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|
|
| 14. |
HERE THERE AND EVERYWHERE |
| |
14.1 |
If we’ve asked you to call us, please, we’d expect
you to do just that. Otherwise, we’d like everything given
to us by way of a formal notice, in writing (in hard copy), sent
to any of our branches in Singapore where you maintain your account.
We’ll let you have other addresses on and off that you could
use. |
| |
14.2 |
Compliments or complaints regarding the Service? Direct all compliments
to any forum page in any local newspaper. Direct all complaints
to any of our branches in Singapore where you maintain your account
(or any other address we’ll notify to you on and off). |
| |
14.3 |
You know that email is not safe. So don’t send us anything
by email, including: |
| |
|
| 14.3.1 |
notices in connection with the terms of this
Agreement; |
| 14.3.2 |
your secrets (it’s also called “confidential
information”); or |
| 14.3.3 |
(worse), sensitive stuff like payment instructions, how
much money you’ve got and how much you want the hackers
to have. (Eh, excuse me, payment instructions should be sent
through the Service in accordance with the User Guidance or
in accordance with the terms of the relevant account that
you have with us…). |
|
| |
14.4 |
If we want to send you anything, we’ll use the address you
have given us most recently for your bank accounts. If that won’t
do, write us. |
| |
|
|
| 15. |
WE’RE NO RECORDING
STUDIO |
| |
Not at all. We’re out to protect you, our customers
and our staff. We’re out to help resolve differences between
us. So, know this and agree: |
| |
15.1 |
we will record all telephone conversations between us and customers
of the Service, like you (check under your desk right now); and
|
| |
15.2 |
we will keep a record of all instructions given by customers,
like you, via the Service; and |
| |
15.3 |
we may listen to telephone calls about the Service, such as those
made by you, to assess and improve the quality of the Service. You’ll
enjoy us better next time. |
| |
|
|
| 16. |
SPAMMY WHAMMY |
| |
We love to tell you about us, how much more we can
do for you. Expect us to advertise our stuff (“products and
services”), and the stuff of those other companies in the
Standard Chartered Bank Group, through the Service. And we don’t
expect you to turn us away. So, even if in connection with other
agreements with us you have asked us not to spam you with any marketing
stuff, we are going to ignore it. Because, well, those are other
agreements and this Service comes with free stuff, and you graciously
agree that what we give you here is good stuff. No, don’t
call it spam. |
| |
|
|
| 17. |
AND JUSTICE FOR ALL |
| |
Justice has got to prevail, somehow. That’s
when you need laws. If you haven’t already guessed, this Agreement
is governed by the laws of Singapore. This also means that we both
“agree to submit to the non-exclusive jurisdiction of the
Singapore Courts” for anything relating to the Service and
this Agreement. If (heaven forbid) you ever find any inconsistency
between the English version and the Chinese version of this Agreement
(we’re gonna shoot someone for that), congratulations, we
know that you are linguistically inclined! The meat is: the English
version of this Agreement must prevail. And so must justice, somehow. |
| |
|
|
| 18. |
OUR QUICKIE DICTIONARY |
| |
We hope you’ve enjoyed reading all this stuff.
We have, telling you. Trigger happy as we both are, some words
used here have special meanings, and we don’t want you to
go away before you know what they are. Here goes:
Password means the E-Banking Personal
Identification Number (PIN) or secret number (chosen by you if
you have tweaked it, or if you haven’t, the initial secret
number we give you) that is used to authenticate your identity
before you use the Service.
Security Codes means the User ID and
the Password.
Service Software means any software
supplied to you whenever you access the Service and any other
software we supply you for the purpose of accessing the Service
from time to time.
Statement means bank statement, card
statement, contract or translation note, confirmation notice for
investment-type Services, or any of these or similar documentation,
as applicable, depending on the Service.
User Guidance means the guidelines
we provide from time to time in connection with your operation
of the Service, which may include guidance:
- in hard copy form (for example, in a user manual or by letter);
and
- spoken guidelines (e.g. by any technical helpdesks we may
operate); and
- through any on-line help service or FAQ available as part
of the Service.
User ID means user identification code
which is used in conjunction with the Password to authenticate
your identity before you use the Service.
We/us/our/Bank refer to Standard Chartered
Bank, a company incorporated in England and Wales with limited
liability by Royal Charter 1853, under reference ZC18 and whose
Principal Office is situated in England at 1 Aldermanbury Square,
London, EC2V 7SB and having a place of business at 6 Battery Road
#05-00 Singapore 049909.
You/your means you, the customer(s)
registered by us to use the Service, and you soul guys (and your
soul mates) if we’re talking about joint accounts.
Your System means your own equipment
and software used by you to access the Service.
Quotation marks “ “ marking words and phrases do
not affect the meaning or effect of those words and phrases. |
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Copyright © 2004 Standard Chartered
Bank. All Rights Reserved.
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