Terms and Conditions

Welcome to our web site. Please read the details set out below carefully before using this website.

Please read the details set out below carefully before using this website.

  Conditions of Access

Access to this website is granted by OCBC BANK (MALAYSIA) BERHAD (hereinafter referred to as "OCBC Bank") and its subsidiaries and associated companies represented on this web site (hereinafter individually and collectively with OCBC Bank, known as the 'OCBC Group') subject to the following conditions. BY ACCESSING THIS WEB SITE AND ANY PAGE THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, PLEASE DO NOT ACCESS, OR PLEASE DISCONTINUE YOUR ACCESS TO, THIS WEB SITE OR ANY PAGE THEREOF IMMEDIATELY.

References to 'you', 'your' and 'yours' are references to the person(s) accessing this website. References to 'we', 'us' and 'our' are references to the OCBC Group. The headings herein are inserted for convenience only.

The information, material, functions and content provided in this website and the Conditions of Access as specified herein may be changed from time to time with or without notice at the OCBC Group's absolute discretion. However, where the variation or change is in our sole opinion, of a substantial nature and materially affects your access to this website we shall notify you of such variation or change by giving you seven (7) days prior notice by display on our website or by such other mode as we deem fit, unless we are unable to do so due to circumstances beyond our reasonable control. Where the variation is in respect of these Conditions of Access, your continued access to this website subsequent to such variation shall be deemed as your agreement and binding acceptance of the same.

YOUR CONDUCT

Your access to this website shall at all times be in compliance with any guidelines, directions of OCBC or any law, regulations or legislation as may be applicable and you agree that you shall not abuse or misuse this website or the services herein, in any way. Without prejudice to the generality of the foregoing, you shall not nor assist any other person to hack into or obtain unauthorised access to this website or any services herein nor interfere with the access and use of the same by others. Further, you agree that you shall not nor assist any other person to transmit communication, information or materials which adversely affects our rights or the rights of others, which is morally objectional, which adversely affects our internet banking system or the security of our internet banking system or which is otherwise against the law.

DISCLAIMER OF WARRANTIES AND LIABILITIES

The following clauses exclude or limit our legal liability for this website. You should read them carefully.

No Warranties

Whilst we will use our reasonable endeavours to ensure the accuracy, currency, availability, correctness and completeness (in the context of its purpose) of the information and materials contained in this web site, all information and materials including those on services, products, financial information, data, text, graphics, audio, video, links or other items are provided strictly 'as is', and 'as available' and is so provided for your information and reference only. Therefore the OCBC Group does not warrant the accuracy, adequacy or completeness of such information and materials and expressly disclaims liability for errors or omissions in such information and materials. The use thereof is at your sole risk. No warranty of any kind, implied, express or statutory, including but not limited to any warranty of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer viruses, is given in conjunction with this website, or any information and materials therein. No warranty is given that access to any information or materials on this website or this website as a whole will be provided uninterrupted or free from errors or that any identified defect will be corrected. Further, no warranty is given that this website or any information or materials are free from any virus or other malicious, destructive or corrupting code, agent, programme or macros. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with this website.


SCOPE OF WEBSITE USAGE

Intended users

This website (and especially any banking services offered through this website) is currently intended for those who access it from within Malaysia only and nothing herein shall be construed as the OCBC Group providing banking services and facilities outside of Malaysia. Materials and information in this website are not intended for use by persons located in or resident in jurisdictions which restrict the distribution of such materials and information and we do not guarantee that this website complies with or is appropriate for use in places outside of Malaysia. You are required to inform yourselves about and observe any relevant laws, regulations and local practices whether in relation to restrictions or otherwise and also any applicability thereof in the light of your own individual circumstances.

Without affecting the generality of the foregoing, any information or material on securities (including unit trusts), financial derivatives/instruments and foreign exchange services is intended to be of general information to persons within Malaysia only. Nothing in this website should be regarded as any advice or recommendation with respect to securities, financial derivatives/instruments or foreign exchange transactions nor as any offer or solicitation to buy any securities, financial instruments or entry into financial derivatives or foreign exchange transactions. You should seek professional advice at all times and obtain independent verification of the materials and information provided in this website prior to making any investment, business or commercial decision based on any such materials or information.

You are wholly responsible for use of the website by yourself and/or any person using your computer and you must ensure that any such person complies with the terms and conditions herein. In the event that the laws of the jurisdiction you are in do not permit or impose restrictions on the access to the contents of this website, you shall forthwith discontinue access or comply with such restrictions (as the case maybe).

COPYRIGHT AND TRADEMARKS

The copyright in this website is owned by the OCBC Group. No part or parts hereof may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, framed or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of the OCBC Group save for the provision in the paragraph captioned 'Restricted Use for Customers and Potential Customers' below. You also may not, without the OCBC Group's permission, insert a hyperlink to this website on any other website, frame or "mirror" any material contained on this website on any other server.

All text, graphics, images, art, photos, video or other multimedia work or any combination thereof available on this website are at all times protected by copyright, trade marks and service marks and any other applicable Intellectual Property or proprietary rights, all of which are the property of the OCBC Group and where applicable, third party proprietors. No right or licence is given to any party accessing this website to download, reproduce or use any such content. No trade mark or service mark displayed on this website may be used as a link to any OCBC Group member's site or any other site unless establishment of such a link and use of such trade mark or service mark is approved in advance by the OCBC Group in writing.

Restricted Use for Customers and Potential Customers

You may if you are a customer or potential customer of the OCBC Group print, copy, download or temporarily store extracts from this website, strictly for your personal information and provided nothing is altered, when you use or are contemplating the use of our products and services for which the page or extract from this website is relevant.

No granting of rights

Any rights not expressly granted herein are reserved.

LINKS

Links to other sites

Where we provide hypertext links to other locations on the Internet, we do so for information purposes only. No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on this website. We are not responsible for the content of any other websites or extracts from links or pages linked to or linking to this website or any products and services offered at such websites, links or pages. We have not verified the content of any such websites. Following links to any other websites or pages shall be at your own risk and we shall not be responsible or liable for any damages or in any other way in connection with linking.

Downloadable software

Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the licence agreement, if any, which accompanies or is provided with the software.

PERSONAL DATA PROTECTION / USE

Our data policy

We may as a result of your interaction with this website hold and process personal information obtained about you when you access this website and use it for servicing our relationship or potential relationship with you and to identify products and services which may be relevant to you from within the OCBC Group, and to evaluate the effectiveness of our marketing of this website and for statistical analysis. We may pass this information to other members of the OCBC Group, the parent bank of OCBC Bank, its subsidiaries and associated companies so that they may do the same and they may pass information held by them about you to us so that we may do the same. We will not disclose any such information outside of the OCBC Group except where you have consented to such disclosure, where it is required/obliged by law, regulation or any other directive or order by any authority having jurisdiction over us, where it is to give effect to an instruction given by you, to provide you with the service herein, to enforce and protect our rights and property or any provisions of this Conditions of Access, or, where necessary and under requirement of strict secrecy, to sub-contractors or persons acting as our agents. Please see our Privacy Policy on further information on how we safeguard your personal information.

SECURITY OF MESSAGES

Messages sent at user's risk

Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception or loss or possible alteration. We are not responsible for them and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to the OCBC Group or any message sent by OCBC Group to you over the Internet.

INDEMNITY

You hereby irrevocably agree to indemnify and keep indemnified the OCBC Group from all liabilities, claims, losses and expenses, including any legal fees on a full indemnity basis, that may be incurred by OCBC Group or any member thereof in connection with or arising from
your misuse of this web site and the services provided herein; whether deliberate or otherwise, or
your breach of these terms and conditions howsoever occasioned, or
any intellectual property right or proprietary right infringement claim made by a third party against the OCBC Group in connection with your use of this web site.

MISCELLANEOUS

No waiver

The failure of the OCBC Group to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

Severability

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, without invalidating any other provisions of the terms and conditions herein.

GOVERNING LAW AND JURISDICTION

By accessing this website and/or using the services offered through this website, you agree that Malaysian law
shall govern such access and the provision of such services, and
shall be applicable in the interpretation of the terms and conditions herein, and that the courts of Malaysia at Kuala Lumpur shall have non-exclusive jurisdiction in respect of any dispute which may arise.


                                                                                                                                                                                                                                 

 

  Internet Banking Terms and Conditions

These terms and conditions govern the Customer's use of OCBC's Internet Banking Service

1. Application to Subscribe to the OCBC Internet Banking Service

1.1 OCBC Bank (Malaysia) Berhad or OCBC Al-Amin Bank Berhad (either of which "OCBC" as applicable, unless otherwise stated) with whom the Customer maintains one or more accounts, may at its sole and absolute discretion make available to the Customer the use of the OCBC Internet Banking Service in respect of or in connection with the said accounts of the Customer.

1.2 A Customer of OCBC who has opened and maintains one or more accounts with OCBC may apply to OCBC to subscribe for the use of the OCBC Internet Banking Service, but OCBC reserves the right to reject or accept such applications and is not obliged to respond to any request for information from unsuccessful applicants.

2. Account Terms and Conditions

2.1 In addition to these Terms and Conditions, the prevailing terms and conditions of OCBC governing Current, Savings and Fixed Deposit Accounts and such other account or accounts as OCBC may provide from time to time, the Terms and Conditions governing Electronic Services and the Conditions of Access to OCBC's website shall also apply and be binding on the Customer except in the case of conflict between such terms and conditions and these Terms and Conditions in which event these Terms and Conditions shall prevail.

3. Acceptance of Terms and Conditions

3.1 The Customer agrees that the Customer's registration to access and use the OCBC Internet Banking Service in accordance with Clause herein will constitute the Customer's agreement to and receipt of these Terms and Conditions as well as the Customer's acknowledgement and acceptance of the inherent risks in conducting any transaction over the Internet.

4. Equipment, Software and Network Access

4.1 The Customer shall be responsible for obtaining and using the necessary web browser and/or other software and/or hardware and/or equipment necessary to obtain access to the Internet and the OCBC Internet Banking Service at his own risk and expense. If new or different versions of the web browser and/or other software and/or hardware and/or equipment necessary for access to the OCBC Internet Banking Service become available, OCBC reserves the right not to support any prior version of the web browser or other software or hardware or equipment. If the Customer fails to upgrade the relevant software and/or web browser or to use the enhanced version of software and/or web browser or hardware or equipment as required by OCBC, OCBC may reject the Customer's transactions, or process the Customer's transactions incorrectly, or the Customer may not be able to obtain access to all features and/or services of the OCBC Internet Banking Service, and OCBC shall not be held liable as a result thereof.

4.2 The Customer is required to maintain the hardware and software that meets the minimum specifications stipulated by OCBC from time to time. The said minimum specifications may be posted on OCBC's website, ATM or other electronic terminals or by placing notices at OCBC's offices and branches or by the posting of advertisements in major newspapers in Malaysia or any other mode OCBC deems suitable shall be deemed sufficient notice to the Customer.

4.3 The Customer may only use and gain access to the OCBC Internet Banking Service through Internet Service Providers (ISP) duly licensed under the Communications and Multimedia Act 1998 and such access through the respective ISPs is subject to and governed by the relevant laws and regulations of Malaysia and the terms and conditions, if any, agreed upon by the Customer with the ISP.

4.4 All fees and charges in connection with the access provided by the ISP and all fees charges expenses and costs incurred by the Customer in connection with the use of the OCBC Internet Banking Service shall be borne exclusively by the Customer and OCBC shall not be liable therefor, notwithstanding any action taken by OCBC, including termination of the OCBC Internet Banking Service.

5. Gaining Access to the OCBC Internet Banking Service

5.1 The Customer may apply to subscribe to the OCBC Internet Banking Service through the OCBC website (and any other application channels made available by OCBC from time to time) in which the Customer is required to go through a registration process by entering any of the following access codes relating to OCBC issued products :-

  • ATM card number and PIN
  • Credit Card number and PIN
  • Debit Card number and PIN
  • Such other login identification number assigned by OCBC to the Customer and PIN from time to time

5.2   Upon successful registration and verification by OCBC, and subsequent to having acknowledged the Customer's reading and accepting of these Terms and Conditions, the Customer will be required to follow the on-screen guided steps to create :-

  1. OCBC Internet Login ID (Login ID); and
  2. OCBC Internet Login Password (Login Password).

5.3   Upon the on-screen confirmation by OCBC of the Customer's Login ID and Login Password, OCBC will require the first time login Customer to select either: :-

  1. A Security Token. The Security Token will generate a Security Code; or
  2. for a Security Code to be transmitted/delivered via short message service (“SMS”) to the Customer’s mobile phone number registered with OCBC.

5.4   The Customer’s access to the OCBC Internet Banking Service will be activated upon the correct input of the Customer’s Login ID and Login Password. It is the sole responsibility of the Customer:

  1. to apply for the Security Token or a replacement if a Security Token has previously been issued but is subsequently lost or has failed to function as intended; or
  2. to register his mobile phone number with OCBC if he selects to receive the Security Code via his Mobile Phone

5.5 Registration to subscribe to the OCBC mobile banking is to be effected in such manner as OCBC may prescribed from time to time.

5.6 Thereafter, to access the OCBC Internet Banking Service, the Customer will be required to key in the Customer's Login ID and Login Password each time the Customer logs on. For security purpose, OCBC may, at its sole and absolute discretion, require the Customer to key in the Security Code to perform selected transactions. The Customer may perform the transactions and/or use the services available under the OCBC Internet Banking Service or such other transactions and services made available by OCBC from time to time under the OCBC Internet Banking Service only if such Login ID, Login Password and Security Code is and remains valid. OCBC may at any time in its sole and absolute discretion invalidate the Login ID, Login Password and Security Code without assigning any reason therefor with prior notice and shall not be liable or responsible for any loss or damage suffered by or caused to the Customer or arising out of or connected or by reason of such invalidation.

5.7 Where the registration to the OCBC Internet Banking Service is made and has been accepted by OCBC, all accounts that are accessible through the Customer's ATM card number and PIN will be automatically linked to the OCBC Internet Banking Service and will be accessible via the OCBC Internet Banking Service without the requirement on the part of the Customer to specify the said accounts.

5.8 Where an application for the OCBC Internet Banking Service has been accepted by OCBC and that application is in respect of a joint account, each joint account holder shall be jointly and severally liable to OCBC for any transactions and services effected or performed or processed through the OCBC Internet Banking Service based on the Instructions of any of the joint account holders.

5.9 When the account has two or more account holders, OCBC shall be entitled to allow the creation of a separate Login ID and Login Password and also require application for separate Security Token or registration of the separate mobile phone number for transmission of the Security Code for each of the joint account holders who have subscribed for the OCBC Internet Banking Service subject always to the restrictions in Clause 7.5 and such other restrictions as may be imposed by OCBC from time to time.

6. OCBC Internet Banking Service

6.1 Upon the activation of the OCBC Internet Banking Service, the Customer will be able to access, use and transmit Instructions to OCBC, via the OCBC Internet Banking Service, in respect of the following banking transactions and services as and when made available to the Customer :-

  • Account Information
  • Bills Payment
  • Funds Transfer
  • Application for OCBC Banking Products

Banking transactions and services available on the OCBC internet website and the OCBC mobile website may differ.

6.2 OCBC may from time to time make available to the Customer such other additional transactions and/or services and the Customer agrees to be bound by these Terms and Conditions in relation to the said additional transactions and services and such other specific terms and conditions as may be applicable to the same.

6.3 Notwithstanding anything contained in Clause 6.1 OCBC may at any time, terminate, restrict, modify, suspend or withdraw the performance of any banking transaction or service or type of transactions or service and shall not be liable or responsible for any loss or damage suffered by or caused to the Customer or arising out of or connected or by reason of such termination, restriction, modification, suspension or withdrawal.

6.4 Subject always to OCBC's right of set-off as herein referred, OCBC is not obliged to effect or perform or process any Instructions transmitted by the Customer if the Customer has not maintained sufficient funds in the Customer's account(s) specified by the Customer at the time the Instruction is transmitted. The Customer shall ensure that there are sufficient funds in the specified Customer's account(s) with OCBC, prior to transmitting an Instruction. OCBC's right of set-off as herein reserved may be exercised by OCBC and any Instructions given by the Customer may be effected or performed or processed through the OCBC Internet Banking Service in such order as OCBC deems fit.

6.5 Upon any Instruction of the Customer in respect of a banking transaction and/or service being effected or performed or processed through the OCBC Internet Banking Service, OCBC shall be entitled to debit forthwith the Customer's account immediately and shall not be responsible for any missing and/or misuse and/or mismanagement of funds not attributable to OCBC's gross negligence and wilful default. The Customer shall ensure that all Instructions transmitted by the Customer are complete, correct and accurate.

6.6 Transfer of funds or bills payments or other payments shall not be performed in respect of any account(s) maintained by the Customer with OCBC if such account(s) can only be operated with two or more signatories.

6.7 Where payments and funds transfers are to be made to accounts at other banks and/or billing organisations, OCBC shall not be obliged to verify the accuracy of the account numbers or the identity of the account holders of any account with any other bank and shall not be responsible for any loss or damage caused to or suffered by the Customer arising from non-acceptance or rejection by any receiving bank or organisation or any failure, delay or error by any receiving bank or billing organisation in crediting the account of the Customer's payee.

6.8 OCBC reserves the right at any time to set, vary or cancel limits for any transactions, services, facilities and products that may be carried out through the use of the OCBC Internet Banking Service, whether in monetary or numerical terms or otherwise, and to vary their frequencies and availability periods.

6.9 Any Instruction in relation to transactions and/or services effected or performed or processed through the OCBC Internet Banking Service after the relevant cut-off time on any day will be entered, shown or recorded in the books and records of OCBC on or for the next business day following the date of the said Instruction being effected or performed or processed. OCBC's decisions on banking products and/or facilities and other financial applications are at the sole and absolute discretion of OCBC.

7. Instructions

7.1 Except as otherwise provided in these Terms and Conditions, OCBC shall be entitled to act on any Instructions received by OCBC and OCBC shall not be liable for any loss to the Customer by so doing. The Customer acknowledges that unless the Customer receives an on-screen confirmation of receipt of the Customer's Instruction from OCBC, the Customer's Instruction may not have been received and accordingly, may not be carried out.

7.2 Notwithstanding the receipt of on-screen confirmation from OCBC pursuant to Clause 7.1 above and without prejudice to OCBC's right to act on the Customer's Instructions alone, the Customer acknowledges and agrees that such Instructions may not be final and accordingly may not be carried out by OCBC and that OCBC may at its sole discretion request for further verification and/or information prior to carrying out such Instructions although no liability nor responsibility shall accrue to OCBC for its failure to request for such further verification and/or information.

7.3 In carrying out any of the Customer's Instructions, the Customer acknowledges and agrees that the execution of the same may amongst others, be subject to the then current system and operational exigencies of OCBC and/or the OCBC Internet Banking Service and any other prevailing circumstances and as such OCBC shall be allowed such amount of time as may be reasonable to act upon and effect or perform or process the said Instructions and OCBC shall not be liable or responsible for any loss or damage suffered by or caused to the Customer or arising out of or connected or by reason of such delay.

7.4 Where OCBC receives an incomplete or ambiguous Instruction, or an Instruction which is inconsistent with any other Instruction(s), the Customer acknowledges and agrees that OCBC shall be entitled to act upon such Instruction based on OCBC's or any of its officers reasonable interpretation of such Instruction or otherwise shall be entitled to refuse to act until further information or a fresh Instruction is given by the Customer. OCBC shall not in any way be liable for carrying out and effecting or performing or processing an Instruction based on its reasonable interpretation of the same nor for refusing to carry out such Instruction.

7.5 In respect of a joint account, the Customer acknowledges and agrees that any Instruction from one joint account holder will be deemed as a genuine and regular Instruction pertaining to that joint account and that OCBC shall be entitled to act upon and effect or perform or process such Instruction without any liability whatsoever to the other joint account holder(s). Without prejudice to the foregoing however, where OCBC receives contradictory or inconsistent Instructions from one joint account holder prior to effecting or performing or processing an Instruction from one of the other joint account holders, OCBC shall be entitled to refuse to act on either of the Instructions until OCBC receives a mandate of all the joint account holders giving fresh instructions in relation to the said joint account. OCBC shall not in any way be liable or responsible for its failure to act upon and effect or perform or process any such Instructions nor for any loss or damage arising from the failure of the joint account holders to issue fresh Instructions in relation to the joint account.

7.6 OCBC's records of the Instructions, transactions and/or services effected or performed or processed through the OCBC Internet Banking Service with or without the Customer's consent and any record of transactions relating to the operation of the OCBC Internet Banking Service and any record of any transactions maintained by OCBC or any Relevant Person authorised by OCBC or any Relevant Person relating to or connected with the OCBC Internet Banking Service, where such records may take the form of, amongst others, telephone logs, computer printouts, computer data stored on magnetic tapes, cartridges or any other form of data storage, shall be binding and conclusive on the Customer for all purposes whatsoever and shall be conclusive evidence of any banking transaction and/or service effected or performed or processed through the OCBC Internet Banking Service and the Customer's liability to OCBC and the Customer agrees not to dispute the validity, accuracy or authenticity of any such records and evidence.

7.7 An Instruction in relation to the Customer's account(s) shall be irrevocable and binding on the Customer upon transmission of the Instruction to OCBC. For the avoidance of doubt, the Customer agrees that any Instruction received by OCBC through the use of the Customer's Login ID, Login Password and Security Code (where applicable), whether authorised or otherwise, shall be deemed to be that of the Customer. Without prejudice to the same however, the Customer shall have the right to request the cancellation, revocation, reversal or amendment of any previous Instructions transmitted to OCBC. OCBC may, in its absolute discretion, act on any such request to cancel, revoke, reverse or amend any previous Instructions or any other instructions received before the same is effected or performed or processed through the OCBC Internet Banking Service.

7.8 The Customer is required to refrain from transmitting and/or issuing Instructions to OCBC through E-mail Services. OCBC shall not be obliged to act on any instructions (whether digitally signed or not) received through E-mail Services.

7.9 OCBC reserves the right at its sole discretion, to refuse to effect or perform or process or otherwise carry out any of the Customer's Instructions where the Customer's Instructions are inconsistent with OCBC's policies or any rules or regulations currently in force or for any other reasons.

7.10 Notwithstanding anything herein, the Customer acknowledges and agrees that OCBC shall not be held responsible or liable for any Instructions relating to transactions and/or services being effected or performed or processed through the OCBC Internet Banking Service or any failure to effect or perform or process any Instructions where:-

7.10.1 The Instructions transmitted are inaccurate or incomplete in any way;

7.10.2 There in an error in the Instructions transmitted whether caused during the course of transmission through OCBC's Internet Banking Service or otherwise;

7.10.3 The Customer's account in relation to which the Instruction is transmitted is made subject of any legal process or restriction or is otherwise suspended, closed or frozen for any reason;

7.10.4 OCBC is aware or has reason to believe that fraud or some criminal act has been, is being or is about to be committed; and

7.10.5 The Customer fails to follow any instructions, directions, guidelines or procedures in respect of the use of the OCBC Internet Banking Service or any portion thereof.

7.11  Where an account of the Customer is closed for any reason, any Instructions which have not been effected or performed or processed relating to that account will be cancelled on the day the said account is closed and the Customer acknowledges and agrees that OCBC shall not in any way be liable for the failure to effect or perform or process any such Instructions.

8. Service Availability

8.1 The OCBC Internet Banking Service is intended to be available 7 days a week, 24 hours a day. However, the Customer acknowledges that at certain times some or all of the OCBC Internet Banking Service may not be accessible due to system maintenance or reasons beyond the control of OCBC. Notwithstanding the above, the Customer acknowledges that OCBC specifically does not warrant that the OCBC Internet Banking Service will be available at all times.

8.2 In the event some or all of the OCBC Internet Banking Service are not accessible for whatever reason, the Customer agrees to use alternative means, including but not limited to OCBC's PhoneBank, ATMs or OCBC's branches, to issue Instructions in respect of the Customer's account(s).

8.3 OCBC may from time to time without giving prior notice, upgrade, modify, suspend or alter part or the whole of the OCBC website and shall not be liable if any such upgrade, modification, suspension or alteration to OCBC's website prevents the Customer from accessing the OCBC Internet Banking Service or any part or feature thereof.

9. Account Information

9.1 The Customer acknowledges that any information pertaining to the Customer's account(s) as reported through the OCBC Internet Banking Service may not always be completely up to date as there may be Instructions and/or transactions which, without limiting to the generality of the foregoing, have only been provisionally credited as uncleared effects (which may be altered or reversed by OCBC if not cleared), have yet to be processed by OCBC, require verification of OCBC or are in progress. The Customer specifically agrees that the account balance as reported through the OCBC Internet Banking Service shall not for any purpose whatsoever be taken as conclusive of the Customer's account balance with OCBC.

9.2 The Customer may produce a print-out of transactions and/or statements from his own Access Device. The Customer acknowledges that such print-out does not constitute a transaction advice from OCBC and shall not be binding on OCBC.

9.3 Without prejudice to the foregoing, where the Customer knows, suspects or has reason to believe that there has been an unauthorised banking transaction or that there is an error in the Customer's account information, the Customer shall notify OCBC in writing within sixty (60) days from the date of the account information.

9.4 For statement-based accounts, a statement shall be rendered once a month or at such other intervals as may be determined by OCBC.

9.5 OCBC may send a statement of account for each of the accounts or send a combined statement for all the accounts and the combination of the types of accounts in the statement is subject to change.

9.6 OCBC’s records of the transactions for the account shall be final and conclusive and binding on the Customer for all purposes in the absence of manifest error. Transactions which have not been verified by OCBC will not appear in the statement and shall not be conclusive of the state of the account.

9.7 The Customer shall verify all entries in any statements or records issued by OCBC and notify OCBC in writing (or by any other means permitted by OCBC) of any error or discrepancies in the statement or record within 14 days (or such other period as may be determined by OCBC) from date of the statement or record. If OCBC does not receive any notification within the stipulated time, the entries in the statement or record shall be deemed to be correct, binding, final and conclusive. OCBC shall be entitled to reverse any entry contained therein at any time notwithstanding such acceptance by the Customer.

9.8 Upon receipt of such notice from the Customer within the stipulated period, OCBC shall look into the Customer’s account to make the necessary adjustments and rectifications if any. Any money due to or from the Customer will be credited or debited from the account(s).

10. Bills Payment

10.1 OCBC may at any time and from time to time by giving the Customer prior notice, amend its list of billingorganisations or withdraw the billing organisation(s) from its list without assigning any reason and the Customer agrees that OCBC shall not be liable for any loss or damage which the Customer may suffer as a result of OCBC's actions.

10.2 The Customer acknowledges and agrees to adhere to any requirements relating to the procedures for settling any bills with the relevant billing organisations. OCBC shall not in any way be responsible for the Customer's failure to follow any such requirements and terms as may be specified by the relevant billing organisations.

10.3 The Customer shall inform OCBC, in such form and mode as may be instructed by OCBC from time to time, of any changes to the Customer's account(s) and particulars as may be registered with the relevant billing organisations prior to issuing any payment instructions to OCBC.

10.4 OCBC may from time to time provide services to allow Customer to effect Instructions to OCBC to make online bills payment via web-sites controlled by some third party who offers bill payment services for selected billing organisations. The Customer acknowledges and agrees that under no circumstances shall it be construed that OCBC is a party to the services offered by the third party in their websites. Accordingly, OCBC shall not be liable in any way for any products, services, software and/or content obtained, and/or purchased from or rendered by such third party/parties or be responsible for any failure to deliver such products, services, content and/or software, customer enquiries, technical support, maintenance services and/or any other obligations or services relating to or in respect of such products, services, software and/or content, which shall be the sole responsibility of the relevant third party. The Customer further acknowledges that the access, use and/or purchase of such products, services, software and/or content with the third party may be subject to additional terms and conditions prescribed by the relevant third party, and hereby agrees to comply with and observe all such terms and conditions and where required by such third party, to execute any document containing such terms and conditions.

10.5 Without prejudice to the above, the Customer acknowledges and agrees that it is the Customer’s responsibility to verify the correctness of the bills payment transactions details in the statements of the relevant billing organizations issued to the Customer.

10.6 In the event the Customer disputes against any discrepancy, omissions or errors found in the statements, the Customer shall resolve his/her dispute directly with the relevant billing organizations. The Customer shall not under any circumstances, or in the event of any such dispute howsoever arising withhold any payment due and owing to OCBC of whatever amount that had been debited from the Customer’s account(s) for the payment of the bills made to relevant billing organizations and such amount debited shall be conclusively deemed to have been incurred by the Customer. The Customer further acknowledges and agrees that OCBC shall not be liable for any damages or losses suffered due to any act, omission, defect or deficiency in the bills payment transactions.

11. Funds Transfer

11.1 The transfer of funds from the specified account(s) of the Customer maintained with OCBC to any account including third party accounts with OCBC or any other bank as specified by the Customer is subject to such limits and conditions as may be fixed or specified by OCBC in its absolute discretion or by such other relevant authority, from time to time.

11.2 The Customer may also, for security reasons, specify maximum limits for any transfer of funds to OCBC in writing or in such form as may be specified by OCBC from time to time.

12. Confidentiality & Responsibility For Login ID, Login Password, Security Token and Security Code

12.1 The Customer shall not at any time disclose the Customer's Login ID and/or Login Password and/or Security Code to any person (including any employee of OCBC) or permit the Security Token to come into the possession or control of any other person.

12.2 The Login ID, Login Password, Security Token and Security Code shall only be used by the Customer of the OCBC Internet Banking Service who has successfully created the Login ID and Login Password via the OCBC Internet Banking Service registration process and who has obtained or received the Security Token from OCBC after the OCBC Internet Banking Service registration process.

12.3 The Customer shall notify OCBC immediately upon receipt of any data and/or information through the OCBC Internet Banking Service which is not intended for the Customer. The Customer agrees that all such data and/or information shall be deleted from the Customer's Access Device immediately.

12.4 The Customer shall exercise reasonable care to prevent the disclosure or unauthorised use of the Login ID, Login Password, Security Token and Security Code. OCBC shall not be responsible or liable for any loss caused to or damage suffered by the Customer if any person should obtain possession of the Login ID, Login Password, Security Token and Security Code and issue Instructions in respect of transactions and/or services which are effected or performed or processed through the OCBC Internet Banking Service or in any other way obtain payment of any monies belonging to the Customer through the use of the said Login ID, Login Password, Security Token and Security Code.

12.5 Notwithstanding anything herein to the contrary, if the Customer has any reason to believe that it's the Customer's Login ID, Login Password, Security Token and Security Code have been misused and/or compromised by their disclosure, discovery or theft by any other party, the Customer shall inform OCBC immediately and in any case no later than 12 hours after the Customer becomes aware of the same. The Customer shall be liable for any loss or damage arising from any Instructions relating to transactions and/or services being effected or performed or processed through the OCBC Internet Banking Service until such time as the notification is received and logged by OCBC in accordance with the timeframe specified herein.

12.6 Where the Customer has contributed to any loss or damage resulting from an unauthorised Instruction, banking transaction and/or service by delaying notification of a lost, misused or theft of stolen Login ID, Login Password, Security Token or Security Code or someone else knowing or discovering the Customer's Login ID, Login Password, Security Token or Security Code, the Customer shall be liable:

  1. for all Instructions relating to transactions and/or services which are effected or performed or processed through the OCBC Internet Banking Service transactions conducted up to the point notification is received and logged by OCBC in accordance with the timeframe specified in 12.5 above, and
  2. for the actual loss which occurred during the period of any such delay, (which for the avoidance of doubt, is the period commencing from the expiry of the timeframe specified in 12.5 above until the point in time in which notification is received and logged by OCBC)

12.7 The Customer acknowledges and agrees that OCBC may, at its sole right and discretion, suspend the Customer's access to the OCBC Internet Banking Service until a new Login ID, Login Password and Security Token is selected and/or issued by OCBC or mobile phone number has been registered or otherwise until such time as may be specified by OCBC at its sole discretion.

13. Consent for Credit Checks and to Disclosure

13.1 The Customer hereby irrevocably consent and authorize OCBC to conduct credit checks on him/her and to verify information provided to OCBC with any parties (including, without limitation, any agencies or entities which collect and provide credit or other information).

13.2 The Customer hereby irrevocably consent to and authorize OCBC to disclose information relating to the Customer, Customer’s accounts to Bank Negara Malaysia, Central Credit Bureau, any governmental agencies and authorities in Malaysia or elsewhere, any other bureau or company providing credit checks whether or not established or approved by any governmental or regulatory authority/body, Cagamas Berhad, Credit Guarantee Corporation, any person who has given security to or who is jointly or jointly and severally liable with the guarantor(s) and/or the Customer to OCBC for any facilities granted to the Customer or otherwise, party(ies) proposing or intending to make or tender payment towards the Customer’s liabilities under the credit facilities, companies which are related to OCBC by virtue of section 6 of the Companies Act 1965 or any associated company or affiliates of OCBC (OCBC together with the aforesaid related/associated/affiliate companies are collectively referred as “OCBC Group”), party(ies) providing goods and/or services to any member or customers of the OCBC Group agents, nominees, lawyers, custodians, debt collection agents of any company under the OCBC Group, OCBC’s or any of the OCBC Group’s assignees or potential assignee, acquirer or potential acquirer and their respective successors-in-title, the police or any public officer conducting an investigation in connection with any offence, any person to whom disclosure is permitted or required by law at any time and without notice or liability to such extent and for such purposes as OCBC may in its absolute discretion deem necessary or expedient.

13.3 The Customer acknowledges and accepts the possibility that there may from time to time be inadvertent disclosures by OCBC and/or any of their officers or officials of information regarding the Customer, the monies or any other relevant particulars of the accounts of the Customer with OCBC in the course of providing information relevant to Instructions relating to transactions and/or services which are effected or performed or processed through the OCBC Internet Banking Service and hereby waives all the Customer's rights and remedies against OCBC for such inadvertent disclosures, which shall be treated as permitted disclosures within the context of section 99(1)(a) of the Banking and Financial Institutions Act 1989.

13.4 While OCBC will use its best endeavours to ensure that all information transmitted using the OCBC Internet Banking Service is secure and cannot be accessed by unauthorised third parties, OCBC does not warrant the security of any information transmitted by the Customer using the OCBC Internet Banking Service. Accordingly, the Customer accepts the risk that any information transmitted or received using the OCBC Internet Banking Service may be accessed by unauthorised third parties and will not hold OCBC liable for any such access or any loss or damage suffered as a result thereof.

13.5 The Customer agrees that with the exception of disclosures which are due to the fraud or gross negligence of OCBC or any of its officers and officials, neither OCBC nor any of their officers and officials shall be liable for any loss or damage suffered by the Customer as a result of their disclosing, divulging or revealing of any information concerning the Customer or the Customer's account(s) with OCBC by OCBC and/or its officers or officials and they shall be deemed to be authorised to make such disclosures.

13.6 OCBC's Privacy Policy, located on the OCBC's website sets forth the terms and conditions pursuant to which OCBC may use and share information concerning the Customer with third parties. In order to provide the products and services that the Customer seeks through OCBC's website, OCBC may be required to share information concerning the Customer with third parties that provide the products and services. The Customer agrees that it has reviewed and understood this Privacy Policy and consents to such disclosures.

14. Liability & Indemnity

14.1 The Customer shall be responsible and liable for any disclosure or unauthorised use of the Customer's Login ID and/or Login Password and/or Security Token and Security Code and/or any other information in respect of the Customer's account(s) whether by the Customer or any other person. The Customer shall also ensure that the Customer does not make any disclosure to any person or unauthorised use of the Login ID or Login Password or Security Token and Security Code and/or any of the Customer's account(s). OCBC shall not be responsible or liable for any loss caused to or damage incurred or suffered by the Customer or any person by reason of or arising from or as a consequence of the use of the Customer's Login ID or Login Password or Security Token and Security Code, whether authorised or otherwise, to issue Instructions, to transfer any funds and/or perform any transactions and/or services in connection with any account(s) of the Customer with OCBC and/or to obtain and/or make any payment of any monies belonging to the Customer. With the exception of loss or damage caused by the fraudulent or gross negligent conduct of OCBC's officers or agents, the Customer shall indemnify OCBC from and against and in respect of all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims demands actions and proceedings which OCBC may incur or sustain directly or indirectly by reason of or arising from or as a consequence of the Customer's breach or violation of these Terms and Conditions and/or the use of the Customer's Login ID and/or Login Password and/or Security Token and/or Security Code, or any third party including without any limitation, all liabilities, losses and damages arising from the access of any account information, transfer of any funds and/or performance of any transactions and/or services in connection with any account(s) of the Customer with OCBC and/or the receipt or payment of any monies belonging to the Customer, whether or not authorised by the Customer. This obligation to indemnify OCBC shall survive the termination of the OCBC Internet Banking Service.

14.2 OCBC shall not be responsible or liable for any loss, damage or embarrassment incurred or suffered by the Customer in relation to or in respect of any Instructions, relating to transactions and/or services which are effected or performed or processed through the OCBC Internet Banking Service howsoever caused including but not limited to the Customer's non-compliance with the OCBC Internet Banking Service instructions and OCBC's inability to provide services as a result of malfunction partial or total failure of any data processing system, security system, computer tele-transmission or telecommunications system or other circumstances beyond the control of OCBC or any bank financial institution or any person or any organisation involved in the above mentioned systems.

14.3 OCBC will make all reasonable efforts to ensure that the Security Token provided to the Customer will perform as necessary to permit access to the OCBC Internet Banking Service as and when required. The Customer must immediately notify OCBC if the Customer loses their Security Token or if the Security Token fails to function correctly and the only obligation that OCBC has in respect of the Security Token is to replace the same with a new Security Token. When the Bank is required to replace the Security Token due to loss, damage (except if the Security Token is damaged upon arrival) or battery replacement (it the Security Token has been issued for more than one year), OCBC will impose a replacement charge which may be posted on OCBC's website, ATM or other electronic terminals or by placing notices at OCBC's offices and branches or by the posting of advertisements in major newspapers in Malaysia or any other mode OCBC deems suitable shall be deemed sufficient notice to the Customer, which the Customer hereby authorizes OCBC to debit the Customer’s account. Other than as specified herein, OCBC shall have no other liability in relation to this Security Token including, without limitation, liability for breach of any implied term as to satisfactory quality, merchantability or fitness for purpose of any Security Token. In addition, OCBC shall not be liable for any loss or damages incurred or suffered by the Customer arising from the Customer’s failure to safe-keep and/or use the Security Token in accordance with OCBC’s instructions and recommendations.

14.4 OCBC is entitled at its sole and absolute discretion at any time from time to time to cancel without notice the use, or require the replacement or modification, of the Security Token or Mobile Phone or any other device designated by OCBC for use for the generation or reception of Security Codes without giving any reason therefore and OCBC shall not be liable to the Customer for any loss or damage as a result thereof.

14.5 Without prejudice to the generality of 14.2, OCBC shall not be responsible or liable for any loss, damage or embarrassment suffered by the Customer by reason of or arising from but not limited to:

14.5.1 The Customer not having sufficient funds in the relevant account to make any payment or transfers.

14.5.2 Inability of the Customer to perform any transaction due to limits set by OCBC from time to time.

14.5.3 Any loss or damage caused by equipment, Internet browser providers or by the Internet Service Providers or their agents or sub-contractors.

14.5.4 Any intrusion or attack by any person, hardware, software, virus, Trojan horse, worm, bot and/or macro or other harmful components that may interfere with the OCBC Internet Banking Service, the Customer's web browser and/or Access Device or OCBC's or the Internet Service Provider's Computer System.

14.5.5 Any breakdown or malfunction of any equipment, system or software used in connection with Internet Banking, whether belonging to OCBC or not including but not limited to any electronic terminal, server or system, telecommunication device, connection, electricity, power supply, telecommunication or other communications network or system or any part of the electronic fund transfer system, including, without limitation, any interruption, interception, suspension, delay or failure to generate Security Code using the Security Token.

14.5.6 Lack of information or failure by the Customer to provide clear necessary and complete information for effecting or performing or processing the Instructions relating to payment or transfers or transactions and/or services.

14.5.7 Any use, misuse, purported use, or misuse, loss, theft, fraudulent or unauthorised use of the Customer's Login ID and/or Login Password and/or Security Token and/or Security Code and/or the OCBC Internet Banking Service.

14.5.8 Any destruction or alteration of Customer's Instructions or any other instructions, data or information transmitted by the Customer through the OCBC Internet Banking Service.

14.5.9 Any unauthentic, inaccurate, incomplete, out-of-date and erroneous transmission of the Customer's Instructions that might be transmitted through the OCBC Internet Banking Service.

14.5.10 Any failure by the Customer to abide by these Terms and Conditions and the latest or current instructions, procedures and directions for using the OCBC Internet Banking Service and/or any refusal by OCBC to act as a result thereof.

14.5.11 The OCBC Internet Banking Service or any portion thereof not being available or functioning.

14.5.12 The Customer's Access Device or hardware or Security Token or the Mobile Phone is not functioning optimally or malfunctioning.

14.5.13 The Computer System or Security Token or Mobile Phone providing such information as may be necessary to effect or perform or process an Instruction not working properly or not being able to be accessed by the Customer.

14.5.14 The Customer not furnishing timely and accurate information in relation with or in connection with the Instructions relating to transactions and/or services which are effected or performed or processed through the OCBC Internet Banking Service.

14.5.15 Any delays, failures, omissions, interference with or impediment, interruption or disruption of business or operations caused by but not limited to force majeure, act of God, war, warlike hostilities, riots, blockades, strike, embargoes, or machine or equipment failure (including without limitation to the Security Token), or suspension of operation of the OCBC Internet Banking Service (including without limitation to the generating of the Security Code) and circumstances beyond the control of OCBC.

14.6 The Customer irrevocably undertakes to indemnify OCBC from and against and in respect of all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims demands actions and proceedings which OCBC may incur or sustain directly or indirectly from or by reason of or in relation to the use, misuse or purported use or misuse of the OCBC Internet Banking Service (including the Security Token), and shall pay such monies to OCBC on demand.

14.7 In the event that the Customer's Login ID and/or Login Password and/or Security Token and/or Security Code is exposed due to any unauthorised or other hardware device(s) attached or loaded and/or software program(s) loaded or installed to/in the Access Device which is used to access the OCBC Internet Banking Service and the Customer fails to prove that it was not negligent in the circumstances that led to the unauthorised use or disclosure of the Customer's Login ID and/or Login Password and/or Security Token and/o Security Code, OCBC shall not be responsible or liable for any loss, damage, embarrassment thereby incurred or suffered (whether directly or indirectly) by the Customer. It is also not OCBC's responsibility to prove that any unauthorised or other Instructions, transactions and/or services is due to the above security breach.

14.8 OCBC shall be under no liability for any damage, loss or expense, or for any obligation to pay or reimburse interest to Customer for unsuccessful crediting of money through the use of the OCBC Internet Banking Service.

14.9 The Customer acknowledges and agrees that some content, software, products and services available from, accessible through or provided as part of, ancillary to or in conjunction with the OCBC Internet Banking Service are or may be provided by third party service providers or through the use of third party software and/or content and under no circumstances shall it be construed that OCBC is a party to any transaction between the Customer and such third party service providers or that such third party products, services, software, and/or content are provided by any member of the OCBC group. Accordingly, no member of OCBC group shall be liable in any way for any products, services, software and/or content obtained, and/or purchased from or rendered by such third party/parties or be responsible for any failure to deliver such products, services, content and/or software, customer enquiries, technical support, maintenance services and/or any other obligations or services relating to or in respect of such products, services, software and/or content, which shall be the sole responsibility of the relevant third party. The Customer further acknowledges that the access, use and/or purchase of such products, services, software and/or content may be subject to additional terms and conditions prescribed by the relevant third party, and hereby agrees to comply with and observe all such terms and conditions and where required by such third party, to execute any document containing such terms and conditions.

14.10 The Customer understands that the website for accessing OCBC Internet Banking Service may contain links to websites controlled or offered by third parties. OCBC hereby disclaims liability for any information, materials, products or services posted or offered at any of these third party websites. OCBC does not endorse or recommend any products or services offered or information contained on those websites or information fed by these third parties (including but not limited to stock quotes and foreign exchange rates) nor is OCBC liable for any failure of products or services offered or advertised at any of these third party websites.

14.11 The Customer shall accept that, due to the laws of some countries, the Customer may not be able to access or use, or may be prevented by OCBC from accessing or using, the OCBC Internet Banking Service in those countries as OCBC may determine from time to time and the Customer will not hold OCBC liable for such inability to access or use the OCBC Internet Banking Service.

14.12 Subject to the provisions herein, OCBC’s sole and entire liability to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever arising pursuant to these Terms and Conditions shall not exceed the amount of the transaction which gave rise to the claim or the direct damages sustained, whichever is the lower.

15. Proprietary Rights

15.1 The Customer acknowledges and agrees that all intellectual property rights in and to OCBC's Computer Systems and the OCBC Internet Banking Service, including, without limitation to the OCBC's website and OCBC mobile website, and all contents and any updates thereof are owned exclusively by OCBC and/or its holding company, Oversea Chinese Banking Corporation Limited of Singapore or the relevant third party vendor, affiliate or any other third party, where applicable.

16. No Warranty

16.1 The information and materials contained in OCBC's website and/or OCBC mobile website and/or such other websites accessible via the OCBC Internet Banking Service, including text, graphics, links, extracts from links or other items - are provided "As is", "As Available". OCBC does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in such information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer viruses, is given in conjunction with the said information and materials.

17. Fees and Charges

17.1 Any goods and services tax or other levies now or hereafter imposed by law or required to be paid in respect of any monies payable to or received or receivable by OCBC or any expenses incurred by OCBC, shall (except to the extent prohibited by law) be borne and paid by the Customer and OCBC shall be entitled to debit the same from the Customer's account(s).

17.2 OCBC shall be entitled to levy or impose service charges (including, without limitation, to impose a charge for the provision of the Security Token and/or the replacement Security Token and/or the delivery of Security Code via SMS) and make variations to the same from time to time in respect of services rendered to the Customer provided that thirty (30) days prior notice specifying the details of the charges are made known to the Customer in writing or in a manner so deemed applicable by OCBC. Should the Customer disagree with the imposition of such fees or charges and any variations thereof, the Customer shall terminate the OCBC Internet Banking Service pursuant to Clause 20.3 herein or cease the use of the particular banking transaction and/or service to which such fees, charges or variations relate to. The Customer's continued use of the OCBC Internet Banking Service and issuance of Instructions in respect of or the particular banking transaction and/or service to which the fees, charges or variations relate to shall be deemed as the Customer's agreement and acceptance of the same.

18. International Use

18.1 The use of the OCBC Internet Banking Service outside of Malaysia is subject to the Exchange Control Act 1983 and the Exchange Control Regulations of Bank Negara Malaysia or any fiscal or exchange control requirements operating in the country where the banking transaction is effected or requested via an Instruction, and the laws and regulations of Malaysia and the country where the banking transaction is effected or requested via an Instruction.

18.2 The maximum amount of a transaction and the purpose for which it is effected may be determined by Bank Negara Malaysia and the laws and regulations of the country in which the transaction is effected or requested.

18.3 The Customer hereby agrees that the Customer is using the OCBC Internet Banking Service at its own risk and initiative and the Customer is responsible for compliance with all applicable laws.

19. Variation of Terms and Conditions

19.1 OCBC may at its discretion and at any time add to, alter, vary, modify all or otherwise change all or any of these Terms and Conditions by giving the Customer 30 days prior notice where the said change(s), in OCBC's Sole opinion, materially affect the Customer's rights and obligations. Such changes shall, subject to Clause 19.4, be binding on the Customer upon the expiry of the said 30 day period.

19.2 All additions, variations, modification or changes other than those stated in Clause 19.1 above shall be binding on the Customer and be deemed to have come to the Customer's attention through (i) notice at OCBC's website; or (ii) notice at ATM or other electronic terminals; or (iii) notice at OCBC's offices and branches; or (iv) notice at advertisements in major newspapers in Malaysia or (v) any other mode OCBC deems suitable. Notwithstanding anything herein to the contrary, where notice is provided pursuant to (i), (ii), (iii) or (iv) above, subsequent written advice in respect of the same shall be provided by OCBC to the Customer.

19.3 Notwithstanding Clause 19.1 and 19.2 above, where any variations, modifications or changes to these Terms and Conditions are merely in relation to the correction of any spelling and grammatical error or is in OCBC's sole opinion, necessitated by an immediate need to restore or maintain the security of the Internet Banking Service, OCBC's computer system, the Customer's account(s) or any transactions, no prior notice will be given to the Customer in respect of such variation, modification or changes to the Terms and Conditions.

19.4 If the Customer does not accept any additions, variations or modifications to these Terms and Conditions, the Customer shall discontinue using the OCBC Internet Banking Service. The Customer agrees to view these Terms and Conditions regularly and subject to notice having been given to the Customer in accordance with the provisions herein, the Customer's continued access and/or use of the OCBC Internet Banking Service after any such additions, variations or modifications become effective will constitute the Customer's acceptance of the additions, variations or modifications without reservation. Where the application for the OCBC Internet Banking Service is in respect of a joint account, each account holder shall be bound jointly and severally by any such addition variation or amendment.

20. Suspension or Termination of Services

20.1 OCBC may at any time without giving any reason or notice suspend or restrict or terminate the operations or the whole or any part of the OCBC Internet Banking Service without being liable or responsible for any loss or damage suffered by or caused to the Customer or arising out of or connected or by reason of such suspension or restriction or termination.

20.2 OCBC will automatically suspend or terminate the Customer's right of access to the OCBC Internet Banking Service should the Customer cease to maintain any account(s) with OCBC which can be accessed via the OCBC Internet Banking Service or should the Customer's access to such account(s) be restricted by OCBC or any other party for any reason.

20.3 The Customer may terminate the OCBC Internet Banking Service by giving prior written notice to OCBC. The OCBC Internet Banking Service will be cancelled within 7 Business Days from the date of OCBC's receipt of the said notice of termination and the Customer hereby agrees not to use the OCBC Internet Banking Service to issue Instructions on any day falling after the receipt of the Customer's notice of termination. Notwithstanding the foregoing, OCBC shall not be liable for the Customer's continued use of the Internet Banking Service thereafter and for the Instructions relating to transactions and/or services which are effected or performed or processed through the OCBC Internet Banking Service after receipt of the Customer's written notice to terminate.

20.4 The Customer also acknowledges and agrees that where the Customer's access to the OCBC Internet Banking Service is terminated for any reason, OCBC shall not be liable for its failure to act upon and effect or perform or process any such Instructions received prior to such termination and remains uneffected or unperformed or unprocessed at the point of such termination by OCBC or otherwise at the point of receipt of the Customer's notice to terminate.

20.5 The Customer acknowledges that termination will not affect the Customer's liability or obligations in respect of Instructions effected or performed or processed through the OCBC Internet Banking Service on the Customer's behalf.

21. Definitions

21.1 "Access Device" means any computerised electronic device which allows the Customer to access and use the OCBC Internet Banking Service, including without limitation the personal computers, notebooks, laptops, personal digital assistants or GPRS or 3G or EDGE enabled mobile phones.

21.2 "ATM" means Automated Teller Machine.

21.3 "ATM Card" means any Card issued by OCBC to the Customer which entitles the Customer to use the card to perform or effect transactions at any Terminal or counter of any branch of OCBC in Malaysia and also includes any other Card issued by OCBC by whatever name called and which entitles the Customer to use the card at any ATM or Terminal or counter of any branch of OCBC or if permitted by the relevant authorities and the applicable rules and regulations, at any shared ATM of any other bank financial or card institution or network or Terminal.

21.4 "Credit Card" shall where the context so admits refer to any one or more Visa Card, Master Card and/or any other card issued from time to time by OCBC under the categories of Platinum, Titanium, Gold, Classic or such other categories which OCBC may at its absolute discretion introduce in addition thereto and in replacement thereof from time to time.

21.5 "Business Day" means a day (other than Saturdays, Sundays and public holidays) on which OCBC is open for business in Kuala Lumpur, Malaysia.

21.6 "Card" means and includes ATM Card, Credit Card, any combo card which has an ATM and Credit Card feature, access card, and any credit token whether such card or token be in the form of plastic card or eprom card or chip-in-card or optical memory card or any other type of card or token.

21.7 "Computer System" and "system" means any computer hardware or software or any equipment operated or process conducted wholly or partially by electronic means and includes information technology systems telecommunications systems automated systems and operations.

21.8 "Corporation" means any partners, sole proprietors, companies, consortiums, business units or other such organisations set up solely for business purposes.

21.9 "Customer" means a person who is customer of OCBC and to whom an "ATM Card" or "Credit Card", " Login ID" and " Login Password" and “Security Token” and “Security Code has been issued by OCBC for the OCBC Internet Banking Service.

21.10 "Electronic Services" includes the services provided by OCBC for the use of the ATM Card at any ATM or Terminal or any counter of any branch of OCBC or if permitted by the relevant authorities and the applicable rules and regulations at any shared ATM of any other bank financial or card institution or at any network or at any Terminal maintained by any approved person for payment of purchase of goods and services, the OCBC 24-Hr PhoneBanking Service, the OCBC Internet Banking Service and any other electronic facilities including any card and any electronic computerised or telecommunication devices or modes of opening accounts in Malaysia or elsewhere each individually or collectively and a reference to the aforesaid services severally and also the relevant services where the context requires.

21.11 "E-mail Services" means any service for the reception and transmission of electronic mail including without any limitation, any such service provided by the OCBC Internet Banking Service for receiving or transmitting electronic mail from the Customer's Access Device to OCBC.

21.12 "Instructions" means any instructions communications commands directions to OCBC, in electronic or such other form approved by OCBC, pertaining to the Customer's specified account(s) and/or relating to the transactions and/or services available via the OCBC Internet Banking Service which Instructions are initiated and issued through the use of the Customer's Login ID, Login Password, Security Token and Security Code, whether authorised or unauthorised by the Customer. For the purpose of construing the clauses of these Terms and Conditions which refer to the liabilities and/or responsibilities of OCBC and/or the Customer, Instructions shall also be taken to mean the transactions and/or services the Instructions were issued in relation to.

21.13 "Internet" means the ubiquitous global network of computers, telecommunications and software which facilitates communication, electronic or otherwise, between person(s) and machines.

21.14 "Internet Service Provider" means any Internet Access Provider (ISP) and/or any other parties that provide Internet access to the Customer.

21.15 "Mobile Phone" means the mobile phone used by the Customer to receive the Security Code via SMS. The mobile phone number must first have been registered with OCBC.

21.16 "OCBC" means OCBC Bank ( Malaysia ) Berhad or OCBC Al-Amin Bank Berhad (as the case may be) and shall include its successors and assigns.

21.17 "OCBC group" means OCBC and its subsidiaries and associated companies.

21.18 "OCBC Internet Banking Service" includes without limitation to the OCBC mobile Internet Banking Service and refers to the services made available to the Customer which the Customer may access to his account(s) and/or to effect certain banking transactions (including without limitation the transmission of instructions to OCBC or use of the “Services” as defined in Clause 21.26 of these Terms and Conditions) over the Internet by electronic means via the use of Access Device.

21.19 "OCBC Internet User ID" or " Login ID" means the unique name made up of a string of characters chosen by the Customer which must be keyed in by the Customer in order for the OCBC Internet Banking Service system to associate the Login ID with the Customer's profile and accounts, assigned to and to be used by the Customer for access to the OCBC Internet Banking Service.

21.20 "OCBC Internet Password" or " Login Password" means the unique string of characters chosen by the Customer which must be keyed in by the Customer in order for OCBC Internet Banking Service system to authenticate the Customer's Login ID and grant the Customer access to the OCBC Internet Banking Service.

21.21 "OCBC website" and “OCBC mobile website” refers to the OCBC’s website from which the Customer may access and use the OCBC Internet Banking Service.

21.22 "Phonebank Code" means the code assigned to and to be used by the Customer for access to OCBC PhoneBank.

21.23 "Relevant Person" means any bank, service providers, internet service providers, digital certificate authority, certification authority, electronic, computer, telecommunications financial or card institution involved in the OCBC Internet Banking Service from time to time and any person using (whether or not authorised) the OCBC Internet Banking Service.

21.24 "Security Code" means one-time password generated by the Security Token or delivered via short message service ("SMS") to the Mobile Phone, or otherwise generated via any other security device, delivery channel or any means whatsoever, as OCBC may at any time from time to time deemed appropriate to 21.25 "Security Token" means any hardware device as the Bank, at any time from time to time in its sole and absolute discretion deemed appropriate to be used to generate Security Code.

21.25 "services" means and includes the services listed in Clause 6.1 of these Terms and Conditions and such other additional services OCBC may from time to time make available to the Customer via the OCBC website and/or OCBC mobile website and includes any operations pertaining to such services.

21.26 "Terminals" means any electronic machines and/or counter which allows access processing and functioning of transactions for the Customer's accounts as maintained with OCBC through the OCBC Internet Banking Service.

21.27 "Third Party" means any persons or parties apart from OCBC, designated by OCBC to provide and/or process the functioning of the OCBC Internet Banking Service, whether directly or indirectly, from time to time as deemed necessary.

21.28 "transaction" means and includes the transactions listed in Clause 6.1 of these Terms and Conditions and such other additional transactions OCBC may time make available to the Customer from time and includes any operations pertaining to such transactions.

21.29 Words importing only the singular number include the plural number and vice versa and words importing the masculine gender include the feminine and neuter genders and references to any genders include any other gender.

21.30 Words importing a person import also a firm or corporation.

22. Submission to Jurisdiction

22.1 These Terms and Conditions governing the OCBC Internet Banking Service shall be governed by and construed in accordance with the laws of Malaysia and the Courts of Malaysia at Kuala Lumpur shall have non-exclusive jurisdiction in relation to any legal action or proceedings arising out of or in connection with these said Terms and Conditions ("Proceedings").

23. Notices

23.1 Unless otherwise specifically specified in these Terms and Conditions the Customer hereby consents to all notices and other communications which concern the OCBC Internet Banking Service or are required under these Terms and Conditions or may be given by OCBC in any one of the following manners :-

23.1.1 by broadcasting a notice at OCBC's website;

23.1.2 by broadcasting a notice at ATM or other electronic terminals;

23.1.3 by being displayed at OCBC's offices and branches and such notification shall be deemed effective upon display;

23.1.4 by way of advertisement made once in any national newspaper in Malaysia and such notification shall be deemed effective on the date of publication of the advertisement in any such newspaper;

23.1.5 by any other mode OCBC deems suitable.

23.2 All notices to OCBC concerning the OCBC Internet Banking Service and these Terms and Conditions shall be in writing, signed by the Customer and sent to OCBC at the following address or in such other manner as the Bank may notify the Customer from time to time :-

Delivery Department,
Level 2,

OCBC Bank (Malaysia) Berhad,
Menara OCBC,
18 Jalan Tun Perak,
50050 Kuala Lumpur.

24. Waiver

24.1 The Customer agrees the failure of OCBC, whether continuous or otherwise, to exercise any rights, power, privileges, remedies or provisions of these Terms and Conditions or OCBC's failure or delay to insist on compliance with any of the clauses herein shall not constitute a waiver by OCBC of any rights, power, privileges, remedies or provisions of these Terms and Conditions.

25. Severability

25.1 If any of the Terms and Conditions become invalid, illegal, or unenforceable pursuant to any law, then the validity, legality and unenforceability of the remaining provisions shall not in any way be affected or impaired.

26. Dispute and Enquiries

26.1 If the Customer has any enquiries or requires any assistance, please call us at OCBC Bank 1300-88-5000 / OCBC Al-Amin 1300-88-0310 or access the "Contact Us" button on our website. In addition, the Customer is advised to review OCBC's Privacy Policy, Security Statement and Client Charter on this website.


26.2 In the event there are any inconsistencies between the English version of these Terms and Conditions and the translation of these Terms and Conditions in any other language; the English version of these Terms and Conditions shall prevail.

 

 

  Client Charter and Privacy Policy

At OCBC, we are strongly committed to protecting the security and confidentiality of your personal or private information. For this purpose we have put into place strong security measures to prevent unauthorised access which could result in the alteration, destruction, theft of data or compromise the confidentiality of our customer's data. Our site utilises commercially proven security hardware and software products in our system, network and application infrastructure. These security products include routers, firewalls and a secure operating system.

Industry standard 128-bit SSL (secure socket layer) communication protocol is the de facto cryptographic standard that is used for securing data communication between the browser and OCBC systems. It is used for ensuring transaction privacy, message integrity and server-side authentication using digital certificate technology. Over and above SSL, all passwords are encrypted end-to-end from the browser to OCBC systems.

At OCBC, all connections must pass through at least one router and one firewall to gain connectivity to the server. The firewall checks for the appropriate source address, and is able to restrict the traffic to the appropriate server.

Additional technical security features include:

Verisign digital certificates, 128-bit encryption; and Automatic logoff after a pre-set time period.

Please note that you play a part in system security as well: Although we exercise every effort to provide a variety of safe, secure and reliable system, we do not have control over the computer, computer software, systems and other incidentals used by you to access the system and further transmission over the Internet cannot be guaranteed, warranted or represented to be absolutely secure. You should not share your user ID or password with any other person; you should never display your account information in an area visible to others; and your PC should never be left unattended.

 

PRIVACY POLICY

At OCBC, we respect every individual's right to privacy. Our relationship with you is our most valuable asset and is the very basis of our name and reputation. Whether you are an OCBC customer, a registered user or a visitor to the public area of our Website, we understand the importance you place on the privacy and security of information that personally identifies you or your account information. We refer to and treat this information as "personal information". We extend the following privacy policy to you.

The OCBC Privacy Policy

Information the Bank Collects and How the Information is Used

When you register at OCBC, we ask you for your personal particulars such as your contact details. Apart from your contact details, the information which we collect from you may also extend to your financial and banking information which may include among others your income, creditworthiness assets and liabilities depending on what products and services you apply for and subscribe to. This information enables us to deliver personalised services and communicate separately with you. Though you may refuse to provide us with any such information for any reason whatsoever, your refusal may result in your not being able to make full use of our products and services and as such we cannot be liable for any losses resulting therefrom. Whenever we collect personal information from you, we will reference this policy or otherwise explain to you how we intend to use that information. We use personal information in ways that are compatible with the purposes for which we originally requested it. For example, we will use the information you give us to process your requests and transactions, to provide you with additional information about products and services, or to evaluate your financial needs. To do so, we may share personal information with an agent or affiliate so that they may do the same and they may pass information held by them about you to us so that we may do the same. We limit the collection and use of personal information to what is necessary to administer our business and to deliver superior service to you. This may include advising you about our products or services, those of our affiliates, and other opportunities that we believe may interest you.

To serve you better, we may combine information you give us on the Web or through other channels. We also use aggregated information about the use of our services to evaluate our users' preferences, improve our services, and facilitate our reporting of Internet usage. Like most websites, we use small bits of data called cookies stored on users' computers to simulate a continuous connection. Cookies let us "remember" information about your preferences and allow you to move within our service without reintroducing yourself. If we collect information from you, it is held securely and in the strictest confidence. For example, if you submit your email address to OCBC so you can receive the latest information about our promotions, products and services, we hold your email address on a secure server and we use it for no purpose other than sending you the information requested unless you have agreed to the receipt of marketing materials.

Security Procedures in Place to Protect the Information

We are strongly committed to protecting the security of your personal or private information. To this end, we have in place the required control systems to ensure security and confidentiality of our customer's information at all times. These security standards and procedures shall be maintained notwithstanding that the banker-customer relationship may have been terminated or otherwise ended. For further information on our security measures, please see our statement on Security Policy and Features.

We also maintain stringent procedures authorising only such employees as are strictly relevant or required to access your information on a need-to-know basis. Our employees have been educated on your right to privacy and confidentiality. Any breach by the employee of our corporate policies would subject the employee to such disciplinary action as we may consider appropriate.

Sharing of Information

We will only share personal information with others as stated in this policy, unless we give you additional notice or ask for your permission or have been previously authorised by you. We do reserve the right to disclose or report personal information in limited circumstances where we believe in good faith that disclosure is required under any law or regulation, to cooperate with regulators, law enforcement authorities or any other authority having jurisdiction over us, to give effect to or complete any instructions or transactions given or made by you, to perform necessary credit checks or collect or report debts owed to us, to enforce and protect our rights or property, or upon reasonable request by a unit trust in which you have chosen to invest.

We will protect the confidentiality of any personal information you share with us. When we share personal information with an agent or affiliate, we protect that personal information with a strict confidentiality agreement. Companies that we hire to provide support services or act as our agent must conform to our privacy standards. On occasion we may assist a company that is not affiliated with OCBC in providing or offering a product or service to you. For example, if you are a unit trust customer, we may share personal information with the unit trust company or its agents or affiliates. In such circumstances, marketing materials on the website will include instructions on how you can request not to receive those communications in the future. In all cases your personal information is protected by a strict confidentiality agreement. We do not allow any non-affiliated company to retain your personal information longer than necessary to provide the product, service, or information, unless you affirmatively grant us permission to do so.

Accuracy of Information

We will attempt to keep customer files complete, accurate and up-to-date. If you have any reason to believe that your records with us are inaccurate, incomplete or not updated, please write in to us, upon which we will promptly rectify. Alternatively, you can call us at OCBC Bank 1300-88-5000 / OCBC Al-Amin 1300-88-0310 or access the "Contact Us" button on our website.

Customer Complaints

You may address any queries, concerns or complaints relating to handling of your personal information by accessing the "Contact Us" button on our website.

 

RELIABLE AND QUALITY SERVICES

At OCBC, we are committed at all times towards providing reliable and quality services to our customers. We will ensure that all personnel and staff involved in providing these services have the necessary expertise and skills. We shall only offer services and products that are tailored to your needs and success. We shall achieve this by fully understanding your goals and objectives while ensuring service standards that are consistent and efficient.

 

TRANSPARENCY OF PRODUCTS AND SERVICES

We will use our reasonable endeavours to ensure that our descriptions and details of products and services offered online by us are clear and true. We will be happy to receive any feedback from you on your opinions and comments on our products and services and will give all due consideration to your opinions and comments. Portrayal of our products and services online is designed to be clear and easily understood, however, in the event you are in any way unsure, unclear or require more details on the product or service concerned, you may contact us at OCBC Bank 1300-88-5000 / OCBC Al-Amin 1300-88-0310 or give us your suggestion by accessing the "Contact Us" button on our website.

 

(Updated as of 28 September 2010)

 

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