In this Agreement, "you" and "your" means the customer (whether individual or corporate), and (where the context so requires) includes any User. "We", "us" and "ours" means DBS Bank Ltd, including its successors and assigns.

PIN/Card
1. At your request, we may issue you a DBS PIN and/or DBS Card which may, at your risk, be sent to or collected by you or the User by any means. You agree to hold us harmless if any other person obtains possession of the DBS PIN and/or DBS card.

2. You will safeguard any PIN and/or Card issued to you and follow every procedural, security and other requirement and notice of ours and/or the relevant Participant regarding their use, or, as the case may be, you will ensure that the User complies with the provisions of this clause regarding any PIN and/or Card issued to him.

3. You should notify us immediately if (a) any DBS PIN is lost or disclosed to any person or (b) any DBS Card is lost or damaged or used by any other person or (c) any User ceases to be employed or authorised by you to use the DBS PIN and/or DBS Card or (d) if any other event occurs which would, under the terms of this Agreement, allow us to suspend or cancel the use of Electronic Services. After receipt of any such notice purporting to come from you, we may suspend or cancel your use of Electronic Services at any time.

4. Following the occurrence of any event referred to in Clause 3 above, we may at our discretion issue a replacement DBS PIN and/or DBS Card on the prevailing terms and conditions for Electronic Services and charge a replacement fee.

Payments Charges Fees Costs and Taxes
5. You will pay such charges and fees for the provision of Electronic Services as we may prescribe from time to time, whether or not you in fact make use of such Electronic Services. We are authorised to debit your Account(s) for all charges, fees, withdrawals and payments for the provision and/or use (authorised or unauthorised) of Electronic Services and any other liabilities to, and loss suffered by, us as a result of the provision and/or use of Electronic Services.

6. If any payment has been made by us as a result of your use or purported use of Electronic Services:-
(a) and the Account was consequently debited, but the debit was reversed in error or the Account was not debited at all; or
(b) after any payment instruction was given on the Account but before such payment instruction has been honoured
then we shall be entitled to correct the Account by (i) debiting the Account with the amount paid by us; or (ii) by dishonouring or returning cheques or other instruments and reversing the payment instruction, if there are insufficient funds available in the Account, as the case may be.

7. If the Account has insufficient available funds to meet any request for payment of monies or to satisfy any liability, we may (but are not bound to) grant you credit to meet such payment or liability. You undertake to pay interest and charges at such rates or amounts as determined by us.

8. Where a Transaction, or the debiting or crediting of any Account in connection with a Transaction, requires the conversion of one currency into another, we are authorised to effect such conversions at the rate determined by us and/or Participants.

9. If GST is charged on any payment, you will pay such GST in addition to all sums payable and indemnify us against any payment we are required by law to collect and make in respect of such GST. We may debit the Account for such GST, including default interest payable in the same manner as may be provided in this Agreement or in any related agreement for credit facilities, and/or any other charges, as we may prescribe from time to time, even if such debiting results in the Account becoming overdrawn.

Use of Electronic Services
10. We and/or the Participants may at any time without notice to you (a) determine and vary the frequency and manner of use of Electronic Services, transaction limits, operating hours, types of facilities and services available through Electronic Services or (b) add or delete any Participant.

11. You will be responsible for all Transactions made by the use or purported use of the Electronic Services by any person, with or without your authority, knowledge or consent, and may not claim against us in respect of any such use or purported use.

12. We and/or the Participants may at any time, without notice to you and without assigning any reason therefor, and without liability for any inconvenience, loss, damage or injury suffered by you or any third party:-
(a) limit, suspend or terminate any or all of the Electronic Services; or
(b) disallow any Transaction or allow a Transaction subject to such conditions as we see fit; or
(c) revoke or suspend your, or any User's, right and authority to use Electronic Services; or
(d) retain or reject any Card and/or PIN.

13. Any claims against or disputes with a Participant are to be settled between you and the Participant. You will not claim against us in this respect.

14. Cash and proceeds of cheques (including house cheques) deposited through the Electronic Services cannot be withdrawn until collected and verified by us. Our determination of the amount deposited shall be conclusive against and binding on you.

Customer's Duty
15. The DBS Card is our property and must be returned to us on request or on cancellation or termination of the DBS Card and/or this Agreement. The DBS Card is to be used solely by you, or the User, as the case may be, and must not be transferred or pledged as security in any way.

Consent to Disclosure/Provision of Information
16. You consent to us and/or any of our officials disclosing any Information, whether in Singapore or otherwise, for the following purposes:-
(a) to any Participant or third party which has a legitimate business purpose for obtaining such information, including offering you products or services in connection with or to facilitate the use of Electronic Services;
(b) to any person using the Electronic Services purporting to be you or a User;
(c) where such disclosure is necessary to complete any Transaction.

17. You acknowledge that:-
(a) there may be inadvertent disclosure of Information by us and/or any of our officials in the course of providing information, whether to Participants and third parties in Singapore or otherwise, relevant to Transactions made or purported to be made by you and you consent to such inadvertent disclosure; and
(b) equipment and software providers, service providers, network providers (including but not limited to telecommunications providers, Internet browser providers or Internet access providers) and Participants may have or be able to gain access to any Information transmitted over the relevant system, and you agree not hold us liable in any way in this respect.

18. Neither we nor any of our officials shall be liable for any loss or damage suffered by you or any User as a result of any disclosure of any Information which you have consented to us and/or any of our officials disclosing.

19. You will provide us with any information or documentation that we may reasonably request relating to your use of the Electronic Services and shall cooperate with us in any related investigation or litigation.

Liability
20. We will not be liable for any loss suffered by you or any third party arising from and in connection with the use of the Electronic Services except where such loss is attributable to our negligence or wilful default. Neither we nor the Participants will be liable for any inconvenience, loss, damage or injury suffered by you or any third party arising from or caused by:-
(a) our compliance with any instruction given or purported to be given by you or a User relating to Electronic Services, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment would not have been apparent to a reasonable person receiving such instruction;
(b) your being deprived of the use of any Electronic Service as a consequence of any action by us and/or the Participants; or
(c) any Electronic Service not being available due to system maintenance or breakdown/non-availability of any network; or
(d) any failure by us and/or any Participant to perform any obligation or observe any term of this Agreement if such failure arises from a failure of, or any unauthorised and/or unlawful access to, any machine, data processing system or transmission link or any act of force majeure such as acts of God, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labour, delay in deliveries from sub-contractors, or any event outside our control; or
(e) any equipment or software providers, any service provider, any net work providers (including but not limited to telecommunications providers, Internet browser providers and Internet access providers), any Participant, or any agent or subcontractor of any of the foregoing.

21. Any downloading of data from any Electronic Service is done solely at your risk, and we will not be liable for the integrity or use of any data downloaded in any way.

22. Neither we nor any Participant shall be responsible in any way for any direct, indirect, special or consequential, economic or other damages arising in any way from the provision and/or use of Electronic Services.

Indemnity
23. You will indemnify us against any liability, loss, damage, including solicitor and client costs and expenses (legal or otherwise) which we may sustain or incur, directly or indirectly, by reason of our having made available the Electronic Services or having entered into this Agreement with you or enforcement of our rights under this Agreement or in acting upon any instructions which you may give in relation to the Electronic Services or any negligence, fraud and/or misconduct on your part or on the part of any agents or representatives of yours or your breach of this Agreement.

Records of Transactions
24. The records of Transactions of us and Participants shall be conclusive against and binding on you except in the case of computation and/or manifest error.

Joint Accounts
25. Each joint account holder shall be jointly and severally liable to us under this Agreement.

Communications
26. All notices or other communications given by us to you if:-
(a) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left; or
(b) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast.

Termination
27. You may terminate this Agreement by giving us written notice and (if applicable) surrendering any DBS Card. We may without giving any reason terminate this Agreement at any time with or without notice to you.

28. Upon termination, you will not use or attempt to use the PIN and/or Card. Any such use shall be fraudulent.

Terms and Conditions
29. In addition to this Agreement, the use of Electronic Services is also subject to our prevailing Terms and Conditions Governing Accounts. If there is any conflict or inconsistency between this Agreement and the Terms and Conditions Governing Accounts, this Agreement will prevail.

30. This Agreement does not apply to the credit or other facilities made or to be made available through any credit or charge cards which are governed by the terms and conditions of the respective agreements relating to credit or charge cards.

31. We may by notice to you vary this Agreement, such variation to take effect on the date specified by us. If you use the Electronic Services after such date, you are deemed to have accepted such variation without reservation. If you do not accept the variation, you must stop using the Electronic Services and terminate this Agreement.

Severability
32. If any term of this Agreement is unlawful or unenforceable under any applicable law, it will, to the extent permitted by such law, be severed from this Agreement and rendered ineffective where possible without modifying the other terms of this Agreement.

No Waiver
33. No failure to exercise, nor any delay in exercising, on our part any right or remedy under this Agreement will operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. Our rights and remedies in this Agreement are cumulative and not exclusive of any other rights or remedies provided by law.

Governing Law and Jurisdiction
34. This Agreement is governed by Singapore law. You irrevocably submit to the non-exclusive jurisdiction of the Courts of Singapore.

Definitions
35. Words importing the singular include the plural and vice versa; words importing the masculine gender include the feminine or neuter gender and vice versa; references to persons are to be construed as references to an individual, company or trust as the context requires. Clause and other similar headings are for ease of reference and shall not affect the interpretation of any provision herein.

36. In this Agreement, unless otherwise required:-
(a) this "Agreement" means these terms and conditions as amended or supplemented;
(b) "Account" means any account of yours maintained with us which is accessed by you through the Electronic Services (whether such account belongs to an individual or a corporate customer), and includes any other Account in addition to or in substitution for the Account originally accessed by you through the Electronic Services;
(c) "Card" means any card (including any credit or charge card), or any other electronic or computerised token, device or gadget, whether issued by us or any Participant, used to access Electronic Services, including any replacement or renewed Card, and "DBS Card" means a card issued by us to you or any User at your request;
(d) "Company" means a firm, company, corporation, statutory body, government body, partnership or unincorporated body of persons and "corporate customer" means a company which has applied to use Electronic Services, and where a corporate customer is a partnership or a body of persons, this Agreement will bind the partners or such persons jointly and severally;
(e) "Electronic Services" means any banking and other services or facilities which we and/or any Participant may make available to you from time to time and offered via electronic means, including any card, electronic computerised or telecommunication devices or modes of operating accounts in or outside Singapore, and where the context requires, also means any PIN and/or Card used to access Electronic Services;
(f) "GST" means any goods and services tax, including any tax of a similar nature that may replace it or be levied in addition to it, by whatever name called;
(g) "Information" means information regarding the money or other relevant particulars relating to you, or any User, or the Account or any Transaction;
(h) "Participant" means any person, firm, company or organisation in Singapore or otherwise which, from time to time, participates or is involved, directly or indirectly, in providing Electronic Services;
(i) "PIN" means any Personal Identification Number and/or Password and/or any other form of electronic identification/signature, whether issued by us or any other Participant, used to access Electronic Services, and "DBS PIN" means a PIN issued by us to you or any User at your request;
(j) "Transaction" means any transaction or instruction effected or issued, or purported to be effected or issued, by you through the Electronic Services;
(k) "User" means any person(s) nominated and authorised by you from time to time, and acceptable to us, to use Electronic Services.

TERMS AND CONDITIONS GOVERNING MOBILE SERVICES

In this Agreement, "you" and "your" means the customer. "We", "us" and "ours" means DBS Bank Ltd, including its successors and assigns.

Use of PIN
1. The issue and use of the PIN is subject to the same terms governing the issue and use of the PIN set out in the ES Terms.

2. You acknowledge that, where you are also a DBS Internet Banking customer, any change of your PIN for a particular Service may automatically entail a corresponding change of your PIN for the DBS Internet Banking service, and vice versa.

Provisions Relating to Transmission of Messages
3. You undertake to inform us promptly of any change in your Mobile Number for any reason, whether such change arises from a new Mobile Number being allocated to you, or from the cancellation of the subscription for your Device with the relevant service provider, or as a result of your Device being lost, or any other reason whatsoever. Until we are notified otherwise by you, we shall continue to send Messages to the most updated Mobile Number in our records.

4. We will not be liable for:-
(a) any delay in the sending of a Message, or the non-receipt of a Message by you, or for any other loss suffered by you whatsoever arising from:-
(i) any Service not being available due to the service provider or vendor's system maintenance or breakdown/non-availability of the service provider or vendor's operations/systems; or

(ii) your having lost, misplaced, lent out or otherwise parted with possesion, voluntarily or involuntarily, of the Device to which your Mobile Number is linked for any reason whatsoever; or

(b) the integrity or authenticity of any Message sent to you; or

(c) the accuracy or completeness of any Message sent to you, and you hereby acknowledge that you shall verify the accuracy and completeness of such Message before relying on it;

(d) the receipt of Messages by a third party who has obtained possession, by whatever means, of the Device to which your Mobile Number is linked.

5. You acknowledge that a Message is considered sent to you if it is broadcast by the service provider to your Mobile Number, regardless of whether such Message is actually received by you.

Consent to Disclosure/Provision of Information
6. You consent to us and/or any of our officials disclosing any Information to the telecommunications provider or any third party where such disclosure is necessary to facilitate the provision and implementation of the Services.

7. You acknowledge that we do not warrant the security of any Information or Messages transmitted via the Services and you accept the risk that Information and Messages transmitted via the Services may be accessed by unauthorised third parties (including but not limited to the service provider or vendor or any party obtaining possession, with or without consent, of your Device). You agree not to hold us liable in this respect.

Terms and Conditions
8. In addition to this Agreement, the use of the Services is also subject to our prevailing ES Terms (for which purpose the Services provided in this Agreement will be considered "Electronic Services" under the ES Terms), and our prevailing Terms and Conditions Governing Accounts (collectively, "Terms"). If there is any conflict or inconsistency between this Agreement and the Terms, this Agreement will prevail.

9. We may by notice to you vary this Agreement, such variation to take effect on the date specified by us. If you use the Services, or allow such Services to continue to be provided to you, after such date, you are deemed to have accepted such variation without reservation. If you do not accept the variation, you must stop using the Services and terminate this Agreement.

Severability /No Waiver
10. If any term of this Agreement is unlawful or unenforceable under any applicable law, it will, to the extent permitted by such law, be severed from this Agreement and rendered ineffective where possible without modifying the other terms of this Agreement.

11. No failure to exercise, nor any delay in exercising, on our part any right or remedy under this Agreement will operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. Our rights and remedies in this Agreement are cumulative and not exclusive of any other rights or remedies provided by law.

Governing Law
12. This Agreement is governed by Singapore law. You irrevocably submit to the non-exclusive jurisdiction of the Singapore courts.

Definitions
13. Words importing the singular include the plural and vice versa; words importing the masculine gender include the feminine or neuter gender and vice versa; references to persons are to be construed as references to an individual, company or trust as the context requires. Clause and other similar headings are for ease of reference and shall not affect the interpretation of any provision herein. References to "telecommunications providers" are to the telecomunications provider with which your mobile phone or pager subscription is taken out.

14. In this Agreement, unless otherwise required:-
(a) "this Agreement" means these terms and conditions as amended or supplemented;

(b) "Device" means any mobile or wireless or electronic terminal or communication device (including any mobile phone or pager), identified by you and acceptable to us, used to access the Services;

(c) "ES Terms" means the Terms and Conditions Governing Electronic Services, as amended or supplemented;

(d) "Information" means information regarding the money or other relevant particulars relating to you or any account maintained by you with us;

(e) "Message" means a message sent by us to your Mobile Number;

(f) "Mobile Number" means the number for the relevant Device designated by you in your application for the Services;

(g) "PIN" means the personal identification number issued by us to you to enable you to utilise particular Services and the DBS Internet Banking Service;

(h) "Services" means the banking services made available to you via a Device and "Service" refers to any of the Services, as the context may require.