12.1 Act In Good Faith
We may act on any instruction we believe in good faith has been given by you or any Authorised Person according to the operating mandate.
You must give us your identification and contact details so that we can send you notices and other communications in connection with your Accounts and the Services. You must ensure that your identification and contact details are correct and up-to-date at all times. You must promptly inform us of any change to your name or contact details and give us reasonable time to effect the change.
12.2 Your Contact Details
You must give us your identification and contact details so that we can send you notices and other communications in connection with your Accounts and the Services. You must ensure that your identification and contact details are correct and up-to-date at all times. You must promptly inform us of any change to your name or contact details and give us reasonable time to effect the change.
12.3 Notices And Communication
12.3.1 Notices and communications to you will be sent in the mode and manner we deem appropriate to the last known address, facsimile and/or telephone/mobile phone number or electronic mail address in our records. We may also notify and communicate with you electronically via the Services, through the display of notices at our branches or on our ATMs or website or the statement of accounts we send to you or in a daily newspaper or via radio or television broadcasts.
When Our Notice and Communication is Effective
12.3.2 Unless otherwise expressly provided in writing, our notices and communications to you are effective:-
- if sent by post to an address within Singapore, the following business day after posting;
- if sent by post to an address outside Singapore, 5 business days after posting;
- if sent by fax, electronic mail or SMS, at the time of transmission;
- if sent by hand, at the time of delivery or when left at the address;
- if displayed at our branches or on our ATMs or posted on our website, on the date of display or posting;
- if advertised in the newspaper, on the date of advertisement; and
- if broadcast via radio or television, on the date of broadcast.
We will not be responsible for what may happen to notices or communications after they are sent, for example if any notice or communication is delayed, intercepted, lost, fails to reach or is disclosed to any one during transit.
12.4 Recording
We may record instructions and other telephone conversations with or without the use of a warning tone device and you agree that such recordings or their transcripts may be used as conclusive evidence of the instructions and telephone conversations.
12.5 Payee Corporation
12.5.1 You must resolve any complaint against any Payee Corporation or other party directly with them. You cannot set-off against us any claim you have against them.
12.5.2 If there is a dispute with any Payee Corporation in respect of a payment, a refund for the transaction will be made to you only after the Payee Corporation has refunded the payment to us.
12.6 Right Of Set-Off
12.6.1 In addition to any common law rights we have, we may without prior reference to you, combine or consolidate any number of your Accounts (including Card Accounts) in Singapore or overseas (whether held alone or jointly, or under any style, name or form including trade names of sole-proprietorships) and set-off credit balances (whether matured or not) in these accounts against any Liability.
12.6.2 You agree that where such combination, consolidation and set-off requires any conversion from one currency into another, we have the right to convert one currency into another in any manner we may determine and at our prevailing rate of exchange. You must indemnify us for any shortfall and be responsible for the Loss and risks arising from the conversion.
12.7 Conclusive Evidence
12.7.1 Unless there is an obvious error, our records in any form (including paper, electronic or other form) and any certificate (including any statement, report or communication) we issue, or decision we make, about a matter or an amount payable, is conclusive.
12.7.2 We may destroy, erase or stop maintaining any record after such time as permitted by applicable law.
12.8 Disclosure
We have set out terms and conditions in relation to collection, use and/or disclosure of personal data under our Privacy Notice. You hereby agree that we may collect, use and/or disclose personal data in accordance with the terms set out in the Privacy Notice. In any event, we have rights to disclose details of our customers under the law, for example, the Banking Act (Chapter 19) of Singapore. Nevertheless under this Agreement, you consent and authorise us to disclose without prior reference to you, any information and particulars relating to you and any Authorised Person, including details of the Accounts (whether held alone or jointly), your credit standing and financial position, any facility granted to you, or any publicly available information. We may disclose such details for the purposes of this Agreement and for enabling and providing Services you have authorised us to provide in relation to the Card that are appropriate, necessary or desirable:-
- to any Authorised Person or Supplemental Cardmember;
- to any person or organisation providing electronic or other services to us, for the purpose of providing, updating, maintaining and upgrading the services (including any investigation of discrepancies, errors or claims);
- to any person or organisation engaged for the purpose of performance of services or operational functions where these have been outsourced
- to our agents for the purpose of printing personalised cheques, statements, advices, correspondence or any other related document;
- to the police or any public officer conducting an investigation;
- to credit card companies and financial institutions in connection with credit card enquiries or use of the Card;
- to other banks, financial institutions, credit bureau or credit reference agents, only for credit information on you or any Authorised Person;
- to Payee Corporations, in connection with the payment of bills;
- to any of our branches, representative offices, affiliated, associated or related corporations and their respective staff for example officers, servants or agents, whether in Singapore or elsewhere (collectively, "UOB Group Members");
- to auditors and professional advisors including lawyers;
- to any actual or potential assignee or transferee in relation to any credit facility;
- to any Payee Corporation or other parties accepting the use of the Card and their agents or contractors in respect of transactions using the ATMs of other banks or financial or non-financial institutions such as NETS;
- to any person who has agreed to provide or is providing security for the Card Account or to us for sums payable and Liabilities owing by you;
- to any person who stands as guarantor or surety for your Liability or is jointly or jointly and severally liable with you;
- to any receiver appointed by us;
- to any rating agency, business alliance partner, insurance company, insurer, insurance broker or direct or indirect provider of credit protection;
- to any stock exchange, court or other judicial bodies in any judicial proceeding, tribunal, statutory body or authority (including any tax authorities in any jurisdiction), whether governmental or quasi-governmental;
- to any person whom we or any of the UOB Group Members is required to disclose to under the laws, regulations, guidelines, directives or by any lawful authority, of any country; and
- to any other person to whom such disclosure is considered by us to be necessary, desirable or expedient, whether in order to provide you with services in connection with the Card and the Card Account or otherwise in relation to the Card Account.
12.9 Indemnity
You agree to indemnify us and all our servants, employees, nominees, directors and agents for any Loss and embarrassment suffered by us (other than such Loss and embarrassment arising from our or our employees’ and agents’ wilful misconduct or negligence) in connection with:-
- any Card Account, Service or transaction;
- acting on or carrying out or delaying or refusing to act on any instruction you or an Authorised Person gives us;
- searches and enquiries we make in connection with you, any Authorised Person or a security provider;
- the provision of any Service to you and the performance of our functions as your banker;
- any Service provided by any third party (including NETS);
- any default or the preservation or enforcement of our rights under the terms of this Agreement or any other applicable terms and conditions in connection with any Card or Service or as a result of your non-compliance with any of these terms;
- any action by us or any party against you or any Authorised Person relating to any Card, Card Account or Service;
- any involvement by us in any proceeding of whatever nature for the protection of or in connection with the Card, Card Account or Services;
- our compliance with any existing or future law or regulation or official directive in respect of any of these terms;
- taxes payable by us in connection with your Card Account; and
- any increased cost in our funding if there is a change in law or circumstances.
12.10 Waiver
Any failure or delay by us in exercising or enforcing any right we have under the terms of this Agreement does not operate as a waiver of and does not prejudice or affect our right subsequently to act strictly in accordance with our rights.
12.11 Change Of This Agreement
We may add to or change the terms in this Agreement from time to time by notifying you in accordance with our usual practice. The change or addition will take effect on the date specified in the notice. If you do not accept the change or addition to this Agreement, you must stop using the Card and within 7 days from the date of our notice, terminate the Card Account in accordance with the terms of this Agreement. If you continue to use the Card after the change or addition takes effect, you are deemed to have accepted the change or addition without reservation.
12.12 Impairment of Terms
If any term in this Agreement is invalid, unlawful or unenforceable under the laws of any country, it shall not affect or impair the validity, legality or enforceability of the rest of the terms and/or the terms under the laws of any other country.
12.13 Illegality
We may close and revoke any Card, Card Account or Service with or without notice to you if, because of any change to any applicable law, regulation, regulatory requirement or judicial decision, or in our opinion, maintaining or performing any obligation under the terms in this Agreement becomes illegal, or we are otherwise prohibited from doing so. If this happens, you must pay us all Liabilities on demand.
12.14 Assignment
The terms in this Agreement are binding on you and us and on our successor or assignee. The terms in this Agreement are binding even if:-
- we change our name or constitution;
- we consolidate or amalgamate with another entity, in which case, that entity will substitute us in relation to this Agreement and all Card Accounts will continue in force between you and that entity.
You cannot assign or transfer your rights and obligations under this Agreement without our prior written permission.
12.15 The Contracts (Rights Of Third Parties) Act
Unless we expressly state so, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore to enforce or enjoy the benefit of the terms of this Agreement.
12.16 Applicable Law And Proceedings
This Agreement is governed by and will be interpreted according to the laws of Singapore. You agree to irrevocably submit to the exclusive jurisdiction of the courts of Singapore which means that legal proceedings against us can only be brought in the courts of Singapore. Any judgment or order made by the courts of Singapore cannot be enforced or executed against any of our branches overseas. This clause does not limit our right to bring legal proceedings in any country and to take concurrent legal proceedings in more than one country.
12.17 Service Of Documents
In addition to any other method of service available to us, any document in a court action or proceeding requiring to be delivered by personal service or otherwise (including but not limited to any writ of summons, statement of claim, statutory demand, bankruptcy application) may be served on you by post, delivery to or leaving it at your last known address in our records and such manner of service is deemed as effective personal service even if it is returned undelivered:-
- if sent by hand, at the time of delivery or when left at the address;
- if sent by ordinary or certified prepaid post to an address within Singapore, the following business day after posting;
- if sent by registered post to an address in Singapore, 2 business days after posting; and
if sent by ordinary, certified prepaid post or registered post to an address outside Singapore, 5 business days after posting.
12.18 General Construction And Interpretation
In our opinion: when we determine a matter in our opinion, the determination is made at our absolute discretion.
When we act or refuse to act: on any matter including any instruction or transaction, we do not need to provide any reason for our act or refusal unless required by the law.
Timing: if we receive any instruction on a non business day or after the specified clearance or cut-off times, we may treat the instruction as received on the following business day.
Headings and sub-headings are inserted for convenience only and do not affect the interpretation of this Agreement.