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- CitiDirect enables me to have direct access to the Account(s)
or to effect certain banking transactions (including, without limitation,
secure e-mail which comprises the activation of the transactions listed in
the pre-structured electronic instruction form and the transmission of
instructions to you, funds transfer and bill payments) by electronic means
via the use of personal computers or similar access devices ("Customer Terminal").
I shall gain access to CitiDirect for such purposes upon the correct input of my
CIN and ATM-PIN into the Customer Terminal, subject to the terms and conditions
hereunder, the CitiDirect User Agreement which is available on Citibank website,
and to such other terms and conditions as you may at your absolute discretion
determine from time to time.
- Where you in your absolute discretion make CitiDirect available to me, I shall
be allocated an ATM-PIN which you shall notify to me. I will also be allocated
a CIN if I do not already have one. I shall not reveal my ATM-PIN and/or CIN
to any unauthorised party and shall take all steps to prevent discovery of my
ATM-PIN by any unauthorised party. In the event that my ATM-PIN is disclosed or
discovered by any other party, I shall immediately change my ATM-PIN. I may change
my ATM-PIN from time to time, and you will be entitled at your absolute discretion
to reject any number I select as my substitute ATM-PIN without giving any reason
therefor.
- I authorise you to act upon any instructions
which are identified by any use of my CIN and ATM-PIN ("CitiDirect
Use"). Such instructions, upon receipt by you, shall be effected at
your absolute discretion, by the next business day which shall be any day
on which banks are open for business in Singapore other than Saturday,
Sunday and gazetted public holidays in Singapore unless otherwise
specified by you.
- You shall neither be liable for acting upon
such instructions nor be obliged to investigate the authenticity or
authority of persons effecting my instructions or verify the accuracy and
completeness of my instructions. Such instructions shall be deemed
irrevocable and binding on me upon your receipt notwithstanding any error,
fraud, forgery, lack of clarity or misunderstanding in respect of the
terms of such instructions. I shall notify you immediately upon receipt of
incomplete, garbled or inaccurate data or information from you. I shall
also notify you immediately upon receipt of any data or information which
is not intended for me and I shall delete such data or information from
the Customer Terminal immediately.
- I shall accept full responsibility for all
transactions executed via CitiDirect and in particular for ensuring the
accuracy and completeness of my instructions.
- I agree that you may without prior notice
cancel or not to execute my instructions at any time without furnishing
any reason and without incurring any liability.
- You shall be entitled but not obliged to
verify any instructions given via CitiDirect by calling back online or via
telephone or any other means.
- I represent that to the best of my knowledge,
the Customer Terminal and any other computer system through which access
may be effected by any use of my CIN and ATM-PIN are free from any
electronic, mechanical, data failure or corruption, computer viruses and
bugs. I agree that neither you, any of your branches nor any affiliate or
subsidiary of Citigroup, Inc. (which is a corporation incorporated in the
United States of America) ("Citigroup, Inc.") is responsible for
any electronic, mechanical, data failure or corruption, computer viruses,
bugs or related problems that may be attributable to services provided by
any relevant internet service provider or information service provider.
- I acknowledge that all proprietary rights
relating to and in connection with CitiDirect (including without
limitation Citibank website) and all updates thereof, including without
limitation title, trade mark rights, patent rights and copyrights, shall
at all times vest and remain vested in you.
- You shall not be liable for and you shall
indemnify me and keep me indemnified against any consequences, claims,
proceedings, losses, damages or expenses (including all legal cost on an
indemnity basis) whatsoever and howsoever caused that may arise or be
incurred by you or any other party in providing CitiDirect to me, whether
or not arising from or in connection with and including but not limited to
the following :
- your taking of any instructions via CitiDirect and acting upon them;
- the improper or unauthorised use of CitiDirect, my CIN and/or ATM-PIN;
- any damage to the Customer Terminal, related facilities or software as a result of any access to CitiDirect effected by any CitiDirect Use;
- any loss or damage caused by any access effected
by any CitiDirect Use and/or use of CitiDirect being prohibited,
restricted, delayed or otherwise affected by (i) the laws and regulations
of the country from where such service(s) is accessed and/or the terms and
conditions prescribed by the relevant internet service provider or
information service provider in such country of access; (ii) any law or
regulation of any jurisdiction, regional or international authority which
governs any use or any component of CitiDirect, any relevant internet
service provider or information service provider or system; (iii) any act
or omission by any relevant internet service provider or information
service provider or network provider; (iv) your modifying, maintaining or
upgrading the Citibank website; and/or (v) your terminating or modifying
CitiDirect;
- any loss or damage suffered or incurred by me or
any other party as a result of my relying or acting or omitting to act
upon any information which you obtain from any third party (including
without limitation any pricing, stock quotes, estimates and descriptions
of any merchandise, product and service from Citibank website) ("Third
Party Information");
- any access (or inability or delay in accessing)
and/or use of any browser which you provide to allow access to CitiDirect,
effected by any CitiDirect Use, or for any defect in any such browser;
- any errors or omissions in the information and materials contained in the Citibank website; or
- any delay or failure in any transmission, despatch or communication facilities.
- I undertake not to commence any legal action
or proceeding relating to and in connection with CitiDirect against you,
any of your branches, any affiliate or subsidiary of Citigroup, Inc. more
than one year after the cause of action has accrued.
- All communications through CitiDirect which
fulfil your internal requirements shall be deemed to be valid, accurate
and authentic, and given the same effect as, written and/or signed
documentary communications. I agree not to dispute the validity, accuracy
or authenticity of any evidence of any instructions and communication
effected by any CitiDirect Use, including such evidence in the form of
your computer records, transaction logs, magnetic tapes, cartridges,
computer printouts, copies of any communication, or any other form of
electronic information storage. I further agree that the foregoing shall
be conclusive evidence of such instructions effected by any CitiDirect Use
and communications received or despatched by you.
- I understand that any access to CitiDirect
will be effected through the relevant internet service provider or network
provider in the country from where such service is accessed, and to this
extent such access will also be subject to and governed by the relevant
laws and regulations of that country and any terms and conditions
prescribed by such relevant internet service provider or network
provider.
- You may at your absolute discretion and at any time without my prior consent :
- impose a fee for any CitiDirect Use, and for any re-extension thereof; and
- modify, restrict, withdraw or suspend any service
under CitiDirect without giving any reason therefor, and you shall not be
liable to me for any loss or damage I or any other party may suffer as a
result thereof.
- Where you as part of CitiDirect provide me
with any Third Party Information, I acknowledge and agree that you do not
thereby warrant the accuracy or completeness of any such Third Party
Information.
- Where you provide me (whether online or by
way of CD-ROM) with a browser for the purpose of accessing CitiDirect, my
use of the browser is subject to any payment, licensing and/or other terms
prescribed by the relevant browser provider.
- Neither you, any of your branches, any
affiliate or subsidiary of Citigroup, Inc., any relevant internet service
provider or information provider nor any other software supplier makes any
express, implied or statutory warranties relating to CitiDirect, the
direct access software or services or browser including, but not limited
to any warranties of merchantability, fitness for a particular purpose or
non-infringement of third party proprietary rights unless disclaiming such
warranties is prohibited by law.
- You do not warrant the accuracy, adequacy or
completeness of the information and material (including all text, graphics
and links to other websites) contained in the Citibank website.
- I agree that you have granted me only a
non-exclusive licence to use the software relating to and in connection
with CitiDirect. This allows me to use such software only for its intended
purposes as provided hereunder. I shall not disassemble, decompile, copy,
modify or reverse engineer any of such software or allow anyone else to do
so. CitiDirect gives me access to services and information from you, your
branches, any affiliate or subsidiary of Citigroup, Inc., which may be
presented with a distinctive "look and feel". These services, information
and "look and feel" are your proprietary property. I may use such services
only for my personal, non-business use and may not reproduce, sell or
distribute all or any portion of the information provided to me by such
services.
- Although you shall use reasonable endeavours
to ensure that CitiDirect is secure and cannot be accessed by unauthorised
third parties, you do not warrant the security or confidentiality of any
information transmitted through any relevant internet service provider,
network system or such other equivalent system in any jurisdiction via
CitiDirect.
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