These terms and conditions govern the Customer's use of OCBC's Electronic Banking Services.
Please click HERE to view the Bahasa Malaysia version of this Terms and Conditions.
1. AVAILABILITY OF THE ELECTRONIC SERVICES
1.1 The Electronic Services will be available if the Customer complies with the procedures and terms prescribed by the Bank with regards to access, the equipment/devices required and use of the respective Electronic Services.
1.2 The availability of the respective Electronic Services shall also be subject to the hours, payment of any costs, fees, commissions and charges and the notification prescribed by the Bank including any variations and supplements to the same as may be determined by the Bank. The Electronic Services may be varied, supplemented or withdrawn by the Bank at any time and from time to time at its absolute discretion.
2. INSTRUCTIONS
2.1 Access to the Electronic Services is granted to any persons who have identified themselves as the Customer or the Authorised User by using the Security Codes, and complying with the Bank’s instructions and procedures regarding the use of such Security Codes. The Customer shall be responsible and liable for all transfers of funds or balance enquiries or transactions made or performed or processed or effected by or with the use or purposes use of the Electronic Services whether with or without the authority or knowledge of the Customer and the Bank shall be entitled to rely and act on such instructions given and debit the Customer’s Account or Accounts in respect of all such transactions including any relevant charges.
2.2 Notwithstanding any provisions in these Terms and Conditions, the Bank may (but shall not be obliged to), without the need to notify the Customer thereof within any time limit, and without stating reasons and without liability to any person for any loss, damage, claims or costs:-
(a) require any persons accessing or using the Electronic Services to identify themselves by alternative means (including by signature or in person or by telephone call) and/or to give confirmation of the instructions (whether in writing or otherwise and in such form and substance as prescribed by the Bank) before the Bank proceeds to act on such instructions; and/or
(b) refuse or cease to carry out any instructions in whole or in part, or reverse in whole or in part any actions which have been carried out based on any instructions, or impose conditions on the carrying out of any instructions in whole or in part. The Bank may only act on an instruction to the extent the Bank deems legal in any relevant jurisdiction, and practical or reasonable for the Bank to do so and in accordance with these Terms and Conditions and/or the Bank’s regular business practice and procedure; and/or
(c) vary, add to, withdraw, terminate, suspend or delete all or any parts of Security Codes and/or the Electronic Services, including the times and durations for which any of the Electronic Services may be accessed or used.
2.3 If the Bank countermands or reverses any instructions, or accepts any conditional instructions whether pursuant to the Customer’s request (which the Bank shall not be obliged to comply) or at the Bank’s own volition pursuant to these Terms and Conditions, then in addition to any rights and remedies available to the Bank, the Customer shall pay the charges and all costs on request by the Bank.
2.4 Any instructions given and received through the Electronic Services after the relevant cut-off time on any Business Day shall be regarded as instructions given and received on the next Business Day.
2.5 The Customer acknowledges the electronic and open-network (as applicable) nature of the Electronic Services and acknowledges and assumes all inherent risk of security, corruption, delay or failure in effecting any instructions or transactions, transmission error, access availability, downtime, and all risks related or incidental to the usage of or access to the Electronic Services. The Bank shall not be liable or responsible for any of the foregoing risks. The Customer shall make his own verification that his instructions or other communication had been effected.
2.6 The Customer is solely responsible for the accuracy of all instructions. The Bank shall not be responsible for any errors or inaccuracy in any instructions.
2.7 Joint Account : Each joint accountholder may give instructions to the Bank in respect of a joint account using the Electronic Services where the mode of operation of the joint account is either one to operate. All joint accountholders shall be jointly and severally liable for such instructions, and consequences and effects of such instructions. All joint accountholders agree that this Clause 2.7 is an irrevocable mandate given to the Bank in respect of the Electronic Services.
2.8 The Bank may but shall not be obliged to act on any instructions not transmitted through the Electronic Services. If the Bank acts on any such instructions, then all provisions in this Clause 2 shall mutatis mutandi apply to the instructions.
2.9 Any instructions for funds transfer made through the Electronic Services shall be deemed to be completed and final once the Bank has successfully executed the instructions to debit the Customer’s Account and credited the beneficiary’s account. It is the Customer’s responsibility to advise the beneficiary of the transfer of funds executed by him. Transfers of funds to any account other than the Customer’s Accounts or Accounts are subject to a maximum amount per day which the Bank may determine from time to time.
3. RESPONSIBILITIES OF THE CUSTOMER
3.1 The Customer shall preserve the integrity and security of the Electronic Services and the Security Codes, including without limitation:-
(a) ensuring no unauthorised use of the Security Code or the Electronic Services and establishing and applying adequate security systems and procedure for monitoring all use of or access to the Electronic Services where the Electronic Services are performed through the mobile phone/device or equipment under the control of the Customer;
(b) keeping the Security Codes confidential at all times including but not limited to the following :-
(i) not having written down nor kept the Security Codes together with information on the relevant Electronic Services which may be deciphered by anyone under any circumstances;
(ii) changing the Security Codes regularly and destroying any advice which may contain the Security Codes after the Customer has received and read them;
(iii) not disclosing to nor allowing any person to access or use the Security Codes (including employees of the Bank) under any circumstances and taking all care to prevent the Security Codes from becoming known to any person.
(c) promptly notifying the Bank at the contact numbers/details provided in the Terms and Conditions or such other contact numbers/details provided by the Bank from time to time if the Customer becomes aware of any facts which suggest that the security of the Security Code seems/is no longer or will no longer be adequate or lost, mutilated or stolen. Oral notice shall be followed within 24 hours by written notice;
(d) ensuring that the Authorised User understands and complies with the Terms and Conditions for the use of the Security Codes and the Electronic Services and notifying the Bank immediately if an Authorised User is no longer authorised to use the Electronic Services;
(e) where telephones with key press password recorders or other similar devices are installed, by deleting the numbers relating to the transactions after the instructions have been issued;
(f) by reading and understanding the user guide for the Electronic Services before attempting to use the Electronic Services.
The Customer understands and agrees that failure to comply with this requirement may expose the Customer to the consequences of theft and/or unauthorised use of the Security Codes or the Electronic Services, for which the Bank will not be liable. The Customer hereby undertakes to indemnify the Bank and to hold the Bank free from all claims and liabilities from all parties whomsoever, arising from such unauthorised use.
3.2 All Security Codes may be despatched by the Bank to the Customer at the address registered with the Bank or may be collected in person by the Customer or by any authorised person as the case may be or may be issued through phone or by any other means (for TPIN and other Security Codes) as the Bank may decide at the risk of the Customer. The Customer shall comply with any requirements, rules and procedures which the Bank may impose for the issue, despatch and collection of any Security Code.
3.3 All cards (with electronic strips/chips/other security features), tokens, digital certificates, electronic keys and other electronic devices and media containing any Security Codes provided to the Customer are and shall remain the exclusive property of the Bank. The Customer shall return all physical tokens, cards, and/or media containing any Security Codes to the Bank forthwith at the request of the Bank or on termination of the Customer’s access and usage of the Electronic Services.
3.4 The Bank grants the Customer a non-exclusive non-transferable licence to use the Security Codes only for purposes of using and accessing the Electronic Services. The Customer shall not disassemble or reverse engineer or permit to be disassembled or reverse engineered any Security Codes and shall not cause or allow any portion thereof to be copied, removed, modified, transferred, adapted or translated in any form, in whole or in part, without the prior written consent of the Bank. The Bank may issue any replacement Security Codes to the Customer for such fee or charge as may be determined by the Bank.
3.5 The Bank reserves the right to issue separate Security Codes to the Authorised Users when there is more than one Authorised User.
3.6 The Bank shall not be responsible or liable for any loss caused to or damage suffered by the Customer due directly or indirectly to any person under any circumstances obtaining possession of the Customer or Authorised User’s Security Code, provided always that the following shall prevail notwithstanding any provision in these Terms and Conditions:
(a) the Customer shall not be liable for losses resulting from any unauthorised transaction occurring after the Customer has first notified the Bank in accordance with these Terms and Conditions that the Customer’s Card has been lost, misused, stolen, or the security of the Security Code has been breached;
(b) where the Customer has contributed to the loss resulting from an unauthorised transaction by delaying the notification of the loss, misuse or theft of a Card or of the Security Code, the Customer shall be liable for actual loss which occurred.
4. LIABILITY
In addition and without derogation to other provisions of these Terms and Conditions, the Bank shall not be responsible or liable for any damages, losses, costs and expenses (whether direct or indirect, whether foreseeable or not, and whether the Bank has notice or not) which the Customer may suffer or incur arising out of or in relation to:-
(i) the Customer’s misuse or failure to correctly use the Security Codes or the Services or any software/hardware/equipment required for the Electronic Services;
(ii) the Customer’s failure to follow the updated instructions, guidelines, regulations, laws, procedures for using, accessing, applying for, purchasing, selling, or dealing (as applicable) the Electronic Services, any goods (including shares), products, services or facilities of any persons (including any third parties) under these Terms and Conditions;
(iii) all disputes arising from or relating to the quality or quantity, consideration, contracts, prospectus, terms and conditions, advertisements of any products, goods (including shares), services or facilities of or with any third parties;
(iv) partial or total malfunction, defect or failure of any network, terminal or any data processing system, computer tele-transmission or telecommunications system (collectively, “Systems”), whether any of the foregoing belong to or are operated by the Bank, due to any reasons whatsoever not restricted to malicious attacks, hacking, or fraudulent actions;
(v) other circumstances beyond the control of the Bank or any bank, financial or card institution or any person or any organisation involved in the Systems; and
(vi) any delay in payment, delivery or non-delivery or erroneous delivery of any material or notice or products, goods (including shares) or services of any persons, including the Bank.
5. DISPUTE RESOLUTION (APPLICABLE TO INDIVIDUALS ONLY)
5.1 This Clause 5 applies only to Customers who are individuals. Upon receipt of any complaints reported by the Customer, the Bank will revert to the Customer within 14 days (or such other period as the Bank may inform the Customer of) from date of receipt. Where the Bank is unable to revert on the complaint within 14 days, it will notify the Customer in writing of the need for an extension of time to reply. The Customer can appeal to the senior management of the Bank or to the Financial Mediation Bureau, if he is still not satisfied with the outcome of the complaint.
5.2 The complaint letter must be sent to the following address or the Customer may call the number below or such other address or contact numbers as the Bank may notify the Customer of :
Customer Experience Department
Menara OCBC, No. 18, Jalan Tun Perak,
50050 Kuala Lumpur, Malaysia.
Telephone No: 1- 300 88 5000 (For consumer banking customers)
Telephone No: 1-300 88 7000 (For business & corporate banking customers)
SPECIFIC ELECTRONIC SERVICES
1. QUICK DEPOSIT SERVICE
1.1 The deposit of any cheques at the Bank’s Quick Deposit Machine shall be made in the manner prescribed by the Bank.
1.2 The Bank may, but is not obliged to, accept any cheque for collection. If any cheque is not accepted by the Bank, the Bank will inform the Customer of the same and the cheque may be collected by or posted to the Customer at the risk and cost and expense of the Customer.
2. AUTOMATED TELLER MACHINES
2.1 The Customer may perform any of the transactions allowed on the ATMs. The services available through the ATMs during such hours and subject to such other instructions or notification as may be determined from time to time by the Bank. Where the Customer utilises the services of the ATMs belonging to other institutions, the utilisation of such services will also be subject to the terms and conditions set by the relevant institutions.
2.2 Any request for transfer of funds through the ATM shall be deemed to be completed once the transaction has been successfully accepted. The relevant Account will be debited and the beneficiary’s account will be credited simultaneously.
3. CASH-IN ATM
3.1 Any cash deposited via the Bank’s Cash-in ATM shall be made in the manner prescribed by the Bank. The Cash-In ATM will produce a receipt for the cash deposited. The relevant Account will be credited with the cash deposited once verified by the Bank.
3.2 The Customer should check that the particulars of the transaction printed on the slip are correct before leaving the Bank’s premises or the Electronic Terminal. If there is any error, the Customer shall immediately report it to the Bank.
4. ELECTRONIC SHARE APPLICATION (“ESA”) (FOR INDIVIDUALS ONLY)
4.1 This service is available to individual persons only. The Customer may submit an ESA for the subscription of a public share issue and payment for such a subscription through the ATM or through any other services or channel which may be permitted by the Bank subject to the availability of funds in the relevant Account provided always that the Bank shall be entitled to reject such ESA without assigning any reason and without being liable to the Customer for any loss, costs or damages in respect of the same. The Customer may only submit one ESA for each public share issue for the Customer’s own share application and not otherwise.
4.2 The Bank shall debit the relevant Account for the amount as instructed by the Customer together with such commission and charges as may be imposed by the Bank for the time being for the ESA. No interest /profit shall be payable on such amounts debited whether the ESA is successful or not.
4.3 The ESA shall also be subject to the rules and regulations as may be stipulated by the relevant issuing house including any amendments or supplements which may be made by the issuing house from time to time. The Customer shall direct any enquiries or dispute regarding the result of the share application, balloting and allocation the Customer has with regards to the ESA to the relevant issuing house.
4.4 The relevant issuing house will inform the Customer if the ESA is successful or not. If the ESA is not successful or the shares allotted are less than the total number of shares applied for by the Customer, the refund of the subscription monies or the excess amount due to the Customer, as the case may be, will be made by the relevant issuing house to the Customer in any manner and on such terms as may be determined by the issuing house. If the refund of the subscription monies or such excess amount is to be made through the Bank, such refund will only be made :
(a) subject to the Customer submitting such documents (if any) as may be required by and acceptable to the Bank, failing which the Bank shall not be obliged to effect such refund; and
(b) on receipt of such monies for the refund by the Bank from the issuing house.
5. PHONEBANKING SERVICES
5.1 The instructions once transmitted through the Phonebanking services cannot be varied, amended or supplemented. The Bank reserves the right not to accept or act on any instructions including any instructions which have been varied, amended or supplemented by the Customer given through the Phonebanking services.
5.2 Recording of Conversations : The Bank shall be entitled to record all telephone instructions and conversations. The recordings shall be the property of the Bank and shall be conclusive evidence of the instructions given by the Customer.
5.3 Messages or Notifications : The Bank shall be entitled to telephone the Customer at the contact numbers given or through the mobile telephone and leave messages with the person answering the call or on a call answering machine.
6. ALERT NOTIFICATION SERVICE
6.1 The Bank may provide Alert Notification Service at the Customer’s own risk through electronic mail, facsimile, short message service (SMS) or other media as the Bank deems fit. The scope and features (including the time and frequency of any alert/notification) of the Alert Notification Service shall be as determined and may be modified or terminated as deemed fit by the Bank from time to time without notice to any persons.
6.2 The provision of the Alert Notification Service may involve products, goods, services and/or facilities provided by third parties. The Customer agrees that the Customer’s information will be released to such third parties by the Bank and may be placed and stored in servers beyond the Bank’s control.
6.3 A notification is deemed sent to its intended recipient on the activation of the broadcast of the notification to the contact particulars designated by the Customer for the purposes of the Alert Notification Service, irrespective of whether the notification is actually received at the contact particulars designated or by the recipient(s) intended by the Customer.
6.4. The Alert Notification Service does not in anyway derogate the obligation on the Customer to maintain sufficient funds in any Accounts. The Customer shall not under any circumstances be dependent or reliant on the Alert Notification Service for any purpose whatsoever.
6.5 All time/date references in any notification are to Malaysian time unless otherwise specified by the Bank.
6.6 Unless otherwise informed by the Bank, the Customer shall not communicate or attempt to communicate with the Bank through the sender’s contact number, address or other particulars, if any, indicated in any notification.
OTHER SERVICES
1. AUTO-SWEEP FACILITY AND AUTO-SWEEP CURRENT ACCOUNT-I (FOR INDIVIDUALS ONLY)
1.1 This service is available to individual persons only. The Bank may grant to individual persons the Auto-sweep Facility and Auto-sweep Current Account-i to specific types of accounts subject to the Bank's charges and terms and conditions and the use by the Customer of such facility shall be on such terms and conditions.
1.2 The Auto-sweep function for funds transfer between the Accounts shall be ONE WAY only i.e. from the Customer's Savings Account to the Current Account or from Savings Account-i to Current Account-i. There shall be no automatic re-transfer of any funds remaining in the Customer's Current Account back to the Savings Account or Current Account-i to Savings Account-i (including but not limited to incidents where the fund transfers have occurred but the Bank is unable to honour any cheque presented for technical reasons and/or if the Bank decides to dishonour any cheque presented due to reason of insufficient funds).
1.3 The Bank will not accept any deposit or withdrawal or activate the Auto-sweep whenever there is a breakdown or failure in the on-line computer system affecting any branch/branches of the Bank whether such breakdown or failure is total or partial. The Bank shall not be obliged to inform the Customer of its inability to activate the Auto-sweep function when cheques drawn by the Customer are presented for payment over the counter at the time the Bank's on-line computer system fails.
1.4 There shall be no automatic funds transfer from the Customer's Savings Account or Savings Account-i to the Current Account or Current Account-i respectively where withdrawals from the Current Account or Current Account-i are made via ATM or through any of the Services. The Customer shall not hold the Bank responsible or liable for any loss, injury, damage or embarrassment which the Customer may incur or suffer directly or indirectly arising out of or in connection with the Auto-sweep facility provided by the Bank to him due to any reason whatsoever, including but not limited to the dishonouring or returning of cheques due to insufficient funds in the Customer's Current Account or Current Account-i as a result of ATM transactions and/or other electronic services performed by the Customer at the time when the end of day processing of the Bank's computer system is in progress.
1.5 The Customer shall maintain a minimum daily credit balance in the Current Account or Current Account-i as may be specified by the Bank. If the balance falls below the minimum credit balance, the Bank shall transfer such sum from the Savings Account to the Current Account or from the Savings Account-i to the Current Account-i to maintain the minimum balance. Such transfers shall be effected at the end of day.
1.6 If the Savings Account/Savings Account-i or Current Account or Current Account-i is closed, the Auto-sweep Facility or the Autosweep Current Account-i shall be terminated.
1.7 The Bank may at its absolute discretion terminate the Auto-sweep Facility or Autosweep Current Account-i at any time by giving notice to the Customer.
2. STANDING INSTRUCTION (PERIODIC PAYMENT ORDER)
2.1 The Customer shall issue or terminate the Standing Instructions in writing (or by any other means permitted by the Bank) to the Bank. Where payment pursuant to the Standing Instructions cannot be made due to insufficient funds in the relevant Account, the Bank shall not effect payment for the payment date concerned. Further payments shall only be made on the next subsequent payment date. The Customer is required to make alternative arrangements to effect the payment concerned.
2.2 Payments made via Demand Draft, Cashier's Order, Mail Transfer or Telegraphic Transfer pertaining to this order are subject to the Bank¹s prevailing terms and conditions for remittance.
2.3 The Standing Instructions are subject to any arrangement now subsisting or which may hereafter subsist between the Customer and the Bank in relation to the Account or any banking accommodation accorded to the Customer.
2.4 The Bank may terminate the Standing Instructions as to future payments at any time by notice to the Customer or without notice at any time after being advised by the payee that no further payment is required, or without assigning any reason thereof.
2.5 Any instruction to stop effecting any periodic payment under the Standing Instructions shall be deemed as instruction to terminate the Standing Instructions. Reactivation of the Standing Instructions for subsequent payments will require execution of a fresh Standing Instructions.
2.6 The Standing Instructions will remain effective for the protection of the Bank in respect of payments made in good faith notwithstanding the death or bankruptcy/winding-up of the Customer until notice of the death or bankruptcy/winding-up of the Customer or notice of revocation of the Standing Instructions has been received by the Bank.
2.7 The Standing Instructions are subject to the payment of a commission as may be determined by the Bank for each periodic payment effected by the Bank. This charge does not include the incidental postage and stamp duty and inland exchange if applicable. The Bank may levy a charge on all standing instructions on due dates which may not be refunded even if the instruction is not effected due to insufficient funds.
2.8 Any instructions to vary or terminate or revoke the Standing Instructions shall be given by the Customer at least two weeks (or such other period as may be stipulated by the Bank) before payment date.
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