Common use of Information and Transactions Clause in Contracts

Information and Transactions. 4.1. The Bank does not in any way warrant that (i) any services provided in connection with or any of the Customer's use of the Internet Banking Services and/or the Website will be free of errors, interception or interruption. of that (ii) the Information, Content, or other materials provided, used or accessible in connection with the Internet Banking Services and/or the Website will be free of viruses, disabling devices or other contaminants. The Customer acknowledges that all information is for reference only and shall not in any circumstances be binding or intended for trading or any other purposes. The Customer further acknowledges that the Bank's internal Records of the Accounts, Transactions and Information shall be conclusive save for obvious error or unless the contrary is established by the Customer to the Bank's satisfaction. For the avoidance of doubt, the Bank may use such updated Information as may be available at the time of executing any Instructions of the Customer for any Transactions, and such Transactions shall be binding on the Customer notwithstanding different Information may have been quoted by the Bank via the Internet Banking Services and/or the Website. 4.2. Instructions shall not be deemed executed unless so staled in the Banks regular statements of the Accounts and/or confirmation of execution given by the Bank online and/or other means of advice. The Customer agrees and acknowledges that it is his sole responsibility to keep records of such statement, confirmation and/or advice given by the Bank, and save for manifest error or unless proved to the contrary by the Customer to the Bank's satisfaction, the Bank's record shall be deemed as conclusive and binding. 4.3. Without prejudice to any other terms of this Agreement, the Customer agrees that he is under a duly to promptly check and verify the contents of each of the Bank's regular statements of the Accounts and/or confirmation of execution given by the Bank online and/or other means of advice, and report to the Bank any discrepancies if necessary, in accordance with the provisions of the General Conditions as soon as possible. Such online advice and/or confirmation shall be deemed received by the Customer after transmission by the Bank. For the avoidance of doubt, the Customer agrees that it is his duly to notify the Bank if the Customer does not receive the Bank's regular statements of the Accounts or such online confirmation and/or other means of advice given by the Bank in respect of any transactions within the time usually required for receipt of similar statements, confirmation and/or advice. 4.4. Unless the Bank otherwise agrees in writing, the Customer agrees that any Instruction shall be binding and irrevocable once given, provided that the correct "Individual Customer Security Mechanism" or "Corporate Customer Security Mechanism" of the Customer were used, whether such Instructions were given by the Customer or by a third party purporting to be the Customer. For the avoidance of doubt, any Instruction shall not be deemed given and/or received by the Bank unless given in such manner as prescribed by the Bank from time to time and actually received by the Bank. 4.5. The Customer authorizes the Bank to (but the Bank is not obliged to) withdraw or otherwise deduct such sums of money, including any related costs and expenses, from the relevant Accounts (regardless of there being a debit balances, credit balances or otherwise in those Accounts) as shall be necessary to complete any Transactions. The Customer further agrees that he shall give Instructions only if there are sufficient funds and/or credit facilities in the relevant Accounts to complete a Transaction. The Bank shall not be liable for any consequence arising out of its failure to carry out the Instructions due to the inadequacy of funds and/or credit facilities in the relevant Accounts, provided that the Bank shall at its absolute discretion decide to carry out the Instructions notwithstanding such inadequacy, the Bank may do so without seeking prior approval from or notice to the Customer and the Customer shall forthwith upon demand return the fund shortfall and shall be fully liable for all reasonable costs and expenses incurred properly together with accrued interest at such rate as prescribed by the Bank as a result of the overdraft, advance or credit thereby created. For the avoidance of doubt, any Instruction given to the Bank shall operate only as a request to the Bank to act on such Instruction, and the Bank, in its absolute discretion and without giving any reason or assuming any liability, may refuse to act on such request or any part thereof immediately or at all. 4.6. Notwithstanding Clause 4.5, the Customer hereby authorizes the Bank to withdraw or otherwise deduct such sums of money, including all related interest, costs and expenses, from any or all of the Accounts (regardless of there being a debit balances, credit balances or otherwise in those Accounts) as shall be necessary to execute any Instructions and other standing and/or auto-pay instructions.

Appears in 2 contracts

Sources: Internet Banking Services Agreement, Internet Banking Services Agreement

Information and Transactions. 4.1. 4.1 The Bank does not in any way warrant that (i) any services provided in connection with or any of the Customer's use of the Internet Personal Net Banking Services and/or the Website will be free of errors, interception or interruption. of ; or that (ii) the Information, Content, or other materials provided, used or accessible in connection with the Internet Personal Net Banking Services and/or the Website will be free of viruses, disabling devices or other contaminants. The Customer acknowledges that all information Information is for reference only and shall not in any circumstances be binding or intended for trading or any other purposes. The Customer further acknowledges that the Bank's internal Records of the Accounts, Transactions and Information shall be conclusive save for obvious error or unless the contrary is established by the Customer to the Bank's satisfaction. For the avoidance of doubt, the Bank may use such updated Information as may be available at the time of executing any Instructions of the Customer for any Transactions, and such Transactions shall be binding on the Customer notwithstanding different Information may have been quoted by the Bank via the Internet Personal Net Banking Services and/or the Website. 4.2. 4.2 Instructions shall not be deemed executed unless so staled stated in the Banks Bank's regular statements of the Accounts and/or confirmation of execution given by the Bank online and/or other means of advice. The Customer agrees and acknowledges that it is his sole responsibility to keep records of such statementstatements, confirmation and/or advice given by the Bank, and save for manifest error or unless proved to the contrary by the Customer to the Bank's satisfaction, the Bank's record shall be deemed as conclusive and binding. 4.3. 4.3 Without prejudice to any other terms of this Agreement, the Customer agrees that he is under a duly duty to promptly check and verify the contents of each of the Bank's regular statements of the Accounts and/or confirmation of execution given by the Bank online and/or other means of advice, and report to the Bank any discrepancies if necessary, in accordance with the provisions of the General Conditions as soon as possible. Such online advice and/or confirmation shall be deemed received by the Customer after transmission by the Bank. For the avoidance of doubt, the Customer agrees that it is his duly duty to notify the Bank if the Customer does not receive the Bank's regular statements of the Accounts or such online confirmation and/or other means of advice given by the Bank in respect of any transactions Transactions within the time usually required for receipt of similar statements, confirmation and/or advice. 4.4. 4.4 Unless the Bank otherwise agrees in writing, the Customer agrees that any Instruction shall be binding and irrevocable once given, given provided that the correct "Individual Customer Security Mechanism" or "Corporate Customer Security Mechanism" Login Name and PIN of the Customer were used, whether such Instructions were given by the Customer or by a third party purporting to be the Customer. For the avoidance of doubt, any Instruction shall not be deemed given and/or received by the Bank unless given in such manner as prescribed by the Bank from time to time and actually received by the Bank. 4.5. 4.5 The Customer authorizes authorises the Bank to (but the Bank is not obliged to) withdraw or otherwise deduct such sums of money, including any related costs and expenses, from the relevant Accounts (regardless of there being a debit balances, credit balances or otherwise in those Accounts) as shall be necessary to complete any Transactions. The Customer further agrees that he shall give Instructions only if there are sufficient funds and/or credit facilities in the relevant Accounts to complete a Transaction. The Bank shall not be liable for any consequence arising out of its failure to carry out the Instructions due to the inadequacy of funds and/or credit facilities in the relevant Accounts, provided that if the Bank shall at its absolute discretion decide to carry out the Instructions notwithstanding such inadequacy, the Bank may do so without seeking prior approval from or notice to the Customer and the Customer shall forthwith upon demand return the fund shortfall and shall be fully liable for all reasonable costs and expenses incurred properly together with accrued interest at such rate as prescribed by the Bank as a result of the overdraft, advance or credit thereby created. For the avoidance of doubt, any Instruction given to the Bank shall operate only as a request to the Bank to act on such Instruction, and the Bank, in its absolute discretion and without giving any reason or assuming any liability, may refuse to act on such request or any part thereof immediately or at all. 4.6. 4.6 Notwithstanding Clause 4.5, the Customer hereby authorizes authorises the Bank to withdraw or otherwise deduct such sums of money, including all related interest, costs and expenses, from any or all of the Accounts (regardless of there being a debit balances, credit balances or otherwise in those Accounts) as shall be necessary to execute any Instructions and other standing and/or auto-pay instructions.

Appears in 1 contract

Sources: Personal Net Banking Services Agreement

Information and Transactions. 4.1. The Bank does not in any way warrant that (i) any services provided in connection with or any of the Customer's use of the Internet Banking Services and/or the Website will be free of errors, interception or interruption. of that (ii) the Information, Content, or other materials provided, used or accessible in connection with the Internet Banking Services and/or the Website will be free of viruses, disabling devices or other contaminants. The Customer acknowledges that all information is for reference only and shall not in any circumstances be binding or intended for trading or any other purposes. The Customer further acknowledges that the Bank's internal Records of the Accounts, Transactions and Information shall be conclusive save for obvious error or unless the contrary is established by the Customer to the Bank's satisfaction. For the avoidance of doubt, the Bank may use such updated Information as may be available at the time of executing any Instructions of the Customer for any Transactions, and such Transactions shall be binding on the Customer notwithstanding different Information may have been quoted by the Bank via the Internet Banking Services and/or the Website. 4.2. Instructions shall not be deemed executed unless so staled in the Banks regular statements of the Accounts and/or confirmation of execution given by the Bank online and/or other means of advice. The Customer agrees and acknowledges that it is his sole responsibility to keep records of such statement, confirmation and/or advice given by the Bank, and save for manifest error or unless proved to the contrary by the Customer to the Bank's satisfaction, the Bank's record shall be deemed as conclusive and binding. 4.3. Without prejudice to any other terms of this Agreement, the Customer agrees that he is under a duly to promptly check and verify the contents of each of the Bank's regular statements of the Accounts and/or confirmation of execution given by the Bank online and/or other means of advice, and report to the Bank any discrepancies if necessary, in accordance with the provisions of the General Conditions as soon as possible. Such online advice and/or confirmation shall be deemed received by the Customer after transmission by the Bank. For the avoidance of doubt, the Customer agrees that it is his duly to notify the Bank if the Customer does not receive the Bank's regular statements of the Accounts or such online confirmation and/or other means of advice given by the Bank in respect of any transactions within the time usually required for receipt of similar statements, confirmation and/or advice. 4.4. Unless the Bank otherwise agrees in writing, the Customer agrees that any Instruction shall be binding and irrevocable once given, provided that the correct "Individual Customer Security Mechanism" or "Corporate Customer Security Mechanism" of the Customer were used, whether such Instructions were given by the Customer or by a third party purporting to be the Customer. For the avoidance of doubt, any Instruction shall not be deemed given and/or received by the Bank unless given in such manner as prescribed by the Bank from time to time and actually received by the Bank. 4.5. The Customer authorizes authorises the Bank to (but the Bank is not obliged to) withdraw or otherwise deduct such sums of money, including any related costs and expenses, from the relevant Accounts (regardless of there being a debit balances, credit balances or otherwise in those Accounts) as shall be necessary to complete any Transactions. The Customer further agrees that he shall give Instructions only if there are sufficient funds and/or credit facilities in the relevant Accounts to complete a Transaction. The Bank shall not be liable for any consequence arising out of its failure to carry out the Instructions due to the inadequacy of funds and/or credit facilities in the relevant Accounts, provided that the Bank shall at its absolute discretion decide to carry out the Instructions notwithstanding such inadequacy, the Bank may do so without seeking prior approval from or notice to the Customer and the Customer shall forthwith upon demand return the fund shortfall and shall be fully liable for all reasonable costs and expenses incurred properly together with accrued interest at such rate as prescribed by the Bank as a result of the overdraft, advance or credit thereby created. For the avoidance of doubt, any Instruction given to the Bank shall operate only as a request to the Bank to act on such Instruction, and the Bank, in its absolute discretion and without giving any reason or assuming any liability, may refuse to act on such request or any part thereof immediately or at all. 4.6. Notwithstanding Clause 4.5, the Customer hereby authorizes authorises the Bank to withdraw or otherwise deduct such sums of money, including all related interest, costs and expenses, from any or all of the Accounts (regardless of there being a debit balances, credit balances or otherwise in those Accounts) as shall be necessary to execute any Instructions and other standing and/or auto-pay instructions.

Appears in 1 contract

Sources: Internet Banking Services Agreement