Citibank Online User Agreement
Updated as of July 2016
Please read the Citibank Online User Agreement set out below, which includes disclaimers of liability and other important matters of interest to users generally.
By clicking the "I agree" button, you acknowledge that you have read the Citibank Online User Agreement, and you agree unconditionally to be bound by the terms and conditions of the Citibank Online User Agreement as amended from time to time.
Citibank Online Internet Banking ("Citibank Online") enables me to have direct access to my account(s) with Citibank Singapore Limited ("Citibank")(the "Account(s)") or to effect certain financial services transactions by electronic means via the use of personal computers or similar access devices (the "Customer's Terminal"), as may be allowed by you from time to time. Access is provided through the World Wide Web including through Citibank's mobile application. Accounts and services provided by Citibank or its affiliates which I access through Citibank Online may be governed by separate agreements with you.
If I am not a Citibank account holder;
I agree to the terms and conditions ("the Terms") governing my use ("Use") of the services provided on Citibank Online ("Services"). If I do not agree to the Terms, I will not be entitled to use the Services. In addition, my Use of the Services is governed by the applicable Account terms and conditions of Citibank and the specific terms and conditions in respect of the relevant service(s) and/or product(s). In the event of any inconsistency between the operational rules described herein ("Operational Rules") and the applicable Account terms and conditions of Citibank and the specific terms and conditions in respect of the relevant service(s) and/or product(s), these Operational Rules shall prevail. I may call 24-Hour CitiPhone Banking at +65 6224 5757 or visit any of Citibank's branches to obtain the applicable account terms and conditions of Citibank and the specific terms and conditions in respect of the relevant service(s) and/or product(s).
I will have restricted access to certain services offered through Citibank Online as a registered user ("Registered User") subject to conditions.
The defined terms used herein shall have the meanings ascribed to them as follows:
B. OPERATIONAL RULES
This service allows me to request and receive specific and timely prompts (collectively, "Alerts", individually, an "Alert") in respect of certain information provided by you from time to time.
I may be notified of each Alert via email and/or mobile phone (supported by certain phone operators only) to an email address and mobile phone number as provided by me subject to the relevant terms and charges of my internet service provider or phone operator.
The Alerts service will be effective after you have successfully processed my request. The time for such processing will be reasonably determined by you at your sole discretion. I accept that each Alert may not be encrypted and may comprise my personal details and information pertaining to my Account(s).
I am fully aware that my receipt of an Alert may be delayed or prevented by factor(s) affecting the relevant internet service provider(s), phone operator(s), stock exchange(s), currency market(s) and such other entities. I accept that you neither guarantee the delivery, accuracy, security, nor confidentiality of the contents of an Alert. I am aware that I must promptly update you of any change to my email address and/or mobile phone number. You shall not be liable to me or anyone else for any losses or damages (except in the case of your gross negligence or willful default) arising from (a) a non-delivery, delayed delivery, wrong delivery or partial delivery of an Alert; (b) inaccurate content of an Alert; (c) access to the contents of an Alert by any unauthorized persons; or (d) my use or reliance on the content of an Alert for any purposes including investment and business purposes.
You reserve the right to refuse or terminate any request by me for an Alert at any time. The information in respect of an Alert may be subject to certain time lags and/or delays. The features of an Alert will be varied by you at your sole discretion.
AMOUNT FOR ESTABLISHING A TIME DEPOSIT
Subject to your approval and such terms and conditions as may be applicable from time to time, I can establish a Time Deposit with a minimum of US$5,000 and up to US$250,000 or its equivalent in other currencies.
APPLYING FOR ADDITIONAL ACCOUNTS AND SERVICES
If I apply for the opening of an Account or Service through Citibank Online, or ask to change an Account or Service I already am using, I authorize you or any branch or subsidiary of Citigroup, Inc. to treat my application or request as if it had been made in writing and signed by me. I agree that approval of such Account or Service is purely based on your discretion.
MARKET DATA AND OTHER THIRD PARTY INFORMATION
You may provide me with access to market data through various securities markets, such as the New York Stock Exchange Inc, The American Stock Exchange LLC, Nasdaq Stock Market, Inc., Options Price Reporting Authority and other entities that make market data available or assist in the process ("Other Third Party Information Providers"). In this context, the term "market data" includes last sale prices, bids, offers, and information related to those prices, bids and offers.
By requesting for market data through Citibank Online, I agree that:
OBTAINING ACCOUNT BALANCE AND TRANSACTION HISTORY
I can use Citibank Online to access the balance and transaction history on all my eligible Account(s). The Account(s) summary balance will be shown in the Singapore dollar equivalent, and the exchange rates used for calculating the Singapore dollar equivalent for my foreign currency Account(s) are indicative only. If I am an offshore customer under your International Personal Banking, my foreign currency Account(s) summary balance will be shown in the US Dollars equivalent, and the exchange rates used for calculating such US Dollars equivalent for my foreign currency Account(s) are indicative only.
CITIBANK ONLINE ELECTRONIC STATEMENT(S) FACILITY
I agree that by using the Citibank Online Electronic Statement(s) Facility ("Electronic Statement(s) Facility"), I accept and agree to be bound by all the terms and conditions governing the Electronic Statement(s) Facility, including without limitation all the following paragraphs and to pay any fee associated with the use of the Electronic Statement(s) Facility. I shall abide by any and all laws, rules, regulations and official issuances applicable to the Electronic Statement(s) Facility, now existing or which may hereinafter be enacted, issued or enforced under any jurisdiction, as well as such other terms and conditions governing the use of other facilities, benefits or services you may from time to time make available to me in connection with the Electronic Statement(s) Facility.
I understand that the Electronic Statement(s) Facility allows me to use your online viewing facility wherein you will provide through the medium of my computer terminal the electronic form of the monthly statement(s) of my Account(s) ("Statement(s)"), to allow me to receive my Statement(s) online on statement date (as determined by you) as well as allow me to transmit instructions relating to the Electronic Statement(s) Facility.
I agree that the availability of the electronic form of my Statement(s) on statement date (as determined by you) shall be deemed the date of delivery of the monthly Statement(s) to me.
I agree that you reserve the right to impose such fee(s) for the use of the Electronic Statement(s) Facility from time to time at your absolute discretion with prior notice.
I agree that you have the discretion to make Electronic Statement(s) Facility available to me. Further you have the reasonable discretion from time to time to modify, restrict, withdraw, cancel, suspend or discontinue the Electronic Statement(s) Facility with reasonable notice and I understand that by using the Electronic Statement(s) Facility after any modification or change has been effected, I am deemed to have agreed to such modification or change.
I shall enroll in the Electronic Statement(s) Facility and shall provide my email address(es). You have the reasonable discretion, without giving any reason or notice, to reject any request for my enrollment in the Electronic Statement(s) Facility.
I represent that I am the registered owner on record of the email address that I have provided to you for the purpose of, among other things, the provision to me of my Statement(s) in electronic form. I agree that I will immediately advise you of any changes to my said email address. I understand that the provision of the Electronic Statement(s) Facility to me is subject always to you having on record my current postal mailing address and telephone contact number.
I acknowledge that where the electronic form of my monthly Statement(s) is sent to the email address that I have provided to you in connection with the Electronic Statement(s) Facility, such Statement(s) can only be accessed/viewed using a Password. I agree that I am responsible for keeping the Password confidential, I shall not reveal the Password to any unauthorized party and shall take all steps to prevent discovery of the Password by any unauthorized party. In the event that the Password is disclosed or discovered by any unauthorized party, I shall immediately change the Password. You shall not be liable for any losses, damages, expenses or costs arising out of or in connection with the unauthorized use of the Password, including the disclosure to any person of any of information relating to me and/or my Account(s) (except in the case of your gross negligence, willful default, or fraud).
Upon my enrollment to the Electronic Statement(s) Facility, the paper form of my monthly Statement(s) will cease to be generated on the next statement date. Instead, you will generate on statement date an electronic form of the Statement and I agree to accept and view in a timely manner, the electronic form of the Statement(s).
Cancellation of use of the Electronic Statement(s) Facility may be effected by me or you. You reserve your right to reject or cancel my enrollment in the Electronic Statement(s) Facility. You shall, prior to canceling my enrollment to the Electronic Statement(s) Facility, give reasonable notice of such cancellation through electronic or paper document, sent to me at my last known email or other address.
Upon cancellation, you shall automatically generate the paper form of my Statement and send the same to my designated mailing address on the next statement date. Provided that if my enrollment to the Electronic Statement(s) Facility is cancelled by me, you are obliged to generate and send the paper form of my Statement only after receipt of my notice of cancellation, on the next statement date.
I agree that you shall not be liable if I am unable to gain access to the Electronic Statement(s) Facility (except in the case arising out of your gross negligence or willful default). I understand that while the Electronic Statement(s) Facility is available to me once effected, 24 hours a day, some or all of the services thereon may not be available at certain times due to maintenance and/or computer, telecommunication, electrical or network failure or other causes beyond your control.
I agree that you shall use reasonable effort to ensure that the Electronic Statement(s) Facility is secure and cannot be accessed by unauthorized third parties. However, I acknowledge that you do not warrant the timeliness, security, secrecy or confidentiality of any information transmitted through any applicable internet service provider, network system or such other equivalent system in any jurisdiction via the Electronic Statement(s) Facility and will not hold you responsible for any losses suffered by me as a result thereof (except in the case of your gross negligence, willful default or fraud).
The Electronic Statement(s) Facility uses proprietary software of yours, any affiliate or subsidiary of Citigroup Inc. and/or other software suppliers. I agree that you have granted me a non-exclusive license to use this software in connection with the Electronic Statement(s) Facility which allows me to use such software only for its intended and lawful purposes. I agree that I shall not disassemble, decompile, copy, modify, or reverse engineer any such software or allow or assist anyone else to do so whether directly or indirectly.
I am responsible to examine and view online the Statement(s) in a timely and prompt manner after receipt. If I have not received or have difficulty viewing the electronic form of the Statement, I will immediately contact your 24-Hour CitiPhone Banking at +65 6224 5757.
I agree that in the event of any error appearing in the Statement(s), I shall notify you immediately of said error by sending you a secured message via Citibank Online Secure Email or calling your 24-Hour CitiPhone Banking at +65 6224 5757.
I agree that all my online communications including requests or reports on any error in my Statement(s) will be sent online to you and all such communications shall contain the following information: (a) name and account number; and (b) details of the error. However, I shall not hold you responsible if any of my online communication is not received by you, or in a form readily understood by you so that you may act on it (except in cases of your gross negligence or willful default or fraud). Further I shall indemnify you for any losses you may suffer arising from my accessing or using any of the services from the Electronic Statement(s) Facility (except for losses arising out of your gross negligence, willful default, or fraud).
All instructions via email received by you shall be attended to at your absolute discretion by the next Business Day.
I agree that proof of any transmission via Citibank Online shall not constitute proof of receipt thereof by you.
TRANSACTION RECORDED IN MONTHLY STATEMENT
You will not print or issue any advice or confirmation for any transaction conducted via Citibank Online, although such transaction will be recorded in the monthly statements issued to me by you. I may generate a print-out of such transaction from the Customer's Terminal. I agree to examine these monthly statements and if there are any errors, I shall notify you immediately by sending you an email via your web site at www.ipb.citibank.com.sg or calling your 24-Hour CitiPhone Banking at +65 6224 5757.
PAYMENTS & TRANSFERS
The Payments & Transfers service allows me to transfer funds or pay bills through Citibank Online. I can use the following services without pre-arrangement, as may be allowed by you from time to time:
You will process my payment and/or transfer instructions given on any day by the next Business Day unless otherwise specified by you.
You shall not be obliged to carry out any payment or transfer instructions unless and until my Account(s) with you and/or overdraft has sufficient funds or credit to effect the relevant payment or transfer. Funds for payment or transfer instructions will be withdrawn from my Account(s) by the next Business Day or such other day as you may at your absolute discretion reasonably determine, where applicable.
You cannot guarantee the time at which the receiving banks or billing organisations will credit the account(s) of my payees. To avoid incurring a finance charge or other charge, I must initiate a payment or transfer instruction sufficiently in advance of the due date of my payment.
Payment or transfer instructions effected after the security verification process prescribed by you from time to time shall be deemed irrevocable and binding on me upon submission. You are not obliged to cancel or amend any payment and transfer instructions submitted. If you agree to my request for any amendment or cancellation of my prior instructions, you shall be entitled to a reasonable period of time to execute my request and shall have no liability to me if such amendment or cancellation is not effected in time or could not be made. You shall not be taken to have received or to have been notified of any countermand of instructions until you inform me in writing that the countermand has been received or you have taken action on my request, whichever is earlier.
Unless otherwise specified by you, ,there is no limit to the number of payments and transfers I can make in any one Business Day. FAST Transfer Limits apply in the case of FAST Transfers. I can transfer any amount between my Account(s). I can transfer or pay any amount to several payees (including any Citibank customer who is not on my list of payees), up to such amount prescribed by you from time to time. You may at your absolute discretion and from time to time revise such transfer limits or impose additional conditions with reasonable notice.
If I wish to transfer funds from any Account(s) and you have placed a hold in respect of such funds, I can only transfer such funds from such Account(s) after the expiry of the hold period.
I accept that you may at your sole discretion credit the account(s) of the relevant payee(s) or issue a check or cashier's order to such payee(s) pursuant to the relevant payment or transfer instruction. I acknowledge that you are not responsible for any interruptions, errors, omissions or delays in the issue or remittance of such check or cashier's order howsoever arising (except for your gross negligence, willful default, or fraud), and you are entitled to debit the full amount of such check or cashier's order so issued.
I also consent to your transfer and disclosure of information relating to me, to and between the affiliates of Citibank, N.A. and third parties selected by any of them, for use in connection with the provision of payment and funds transfer services to me. You, any of Citibank, N.A.'s affiliates or third parties selected by any of them, shall be entitled to transfer and disclose any information as may be required by applicable law, court, regulator or legal process.
You shall not be responsible for any charges imposed or any other action taken by a payee including but not limited to any of the following situations:-
You reserve the right, at your reasonable discretion, to refuse or terminate my use of the Payments & Transfers service at any time without notice. I will indemnify you against any loss which you incur as a result of my act or omission in relation to or arising out of my use of the Payments & Transfers service.
Pursuant to the Inbound Funds Transfer (IFT) Facility, I may give instruction to pay any amount owing to you by authorizing any bank/finance company to debit my account maintained with such bank/finance company or by the Payor (hereinafter defined) authorizing any bank/finance company to debit its account maintained with such bank/finance company and having the same credited to you and/or my Account or such other account as directed by me. "Payor" means me (if I nominate the bank/finance company account from which specified sums will be debited from) or the person who nominates the bank/finance company account from which specified sums (as determined by me) will be debited from and having the same credited to you and/or into my Account or such other account as directed by me.
You will not be liable (except in the case of your gross negligence or willful default) to me and/or to the Payor (as the case may be) for any delay, mistake, neglect or omission in the receipt of or transmission of any payment under or arising out of the IFT Facility or non-transmission of information or data (in whole or in part) through Citibank Online and/or your telephone banking service ("TBS") or such other means as permitted by you.
You will not be liable to me and/or to the Payor (as the case may be) if you are unable to perform your obligations under the IFT Facility due to any reason whatsoever (except in the case of your gross negligence or willful default).
You may use any agent, contractor or correspondent as you may deem fit to carry out or procure any of the matters or transaction under the IFT Facility and you will not be liable for any act, omission, neglect or willful default of such agent, contractor and/or correspondent.
In the event that you are rendered wholly or partly unable to observe or perform under these Terms by reason of causes beyond your control including (but not limited to) equipment, system or transmission link malfunction, failure or sabotage, fire, flood, explosion, acts of elements, acts of God, accidents, epidemics, strikes, lockouts, power blackouts or failure, labour disputes, acts, Compliance Obligations, or by any other causes which you cannot reasonably be expected to avoid, the performance of your obligations as they are affected by such causes shall be excused for the continuance of such causes. You shall not be liable for any delay, loss, damage or inconvenience whatsoever caused by or arising from or in connection with any one or more of the above-mentioned causes.
You will not be liable (except in the case of your gross negligence or willful default) for any loss, damage, cost or expense which I and/or the Payor and/or any other person (as the case may be) may suffer or incur in connection with the IFT Facility or in connection with or as a result of your acting, or not acting, on my, or the Payor's (as the case may be), actual or purported instructions via TBS or Citibank Online or such other means as permitted by you or otherwise howsoever caused, including but not limited to any loss or damage arising from the application and/or use of funds by you as directed by me or any loss of damage, cost or expense which I and/or the Payor and/or any other person (as the case may be) may suffer or incur in connection with or arising out of the IFT Facility.
Your liability arising for any reasons whatsoever shall be limited to and shall not under any circumstances exceed the sum equivalent to your charges for the payments and transfers services. I shall compensate you for any consequences, claims, proceedings, losses, damages or expenses (including all legal costs on a reasonable basis) whatsoever and howsoever caused that may arise or be reasonably incurred by you or any other party affiliated with you in connection with your provision of the Payments & Transfers services.
TRANSACTING ON PREMIUM ACCOUNT ONLINE
Instructions on establishment and redemption of Premium Accounts can be made online. However, certain transactions relating to specific Premium Accounts may not be executed online, including Premium Accounts with single or double barriers of Premium Accounts with non-currency financial instruments as the base or alternate financial instrument. I am aware that the spot prices, strike rates and interest rates offered online may or may not differ from those quoted by Citibank's sales advisers at the branches or through phone calls.
Premium Accounts that are successfully established online will be valued two business days after the transaction date of the establishment. I understand that Citibank is not liable for any transaction not successfully executed due to disruption in this service regardless of the cause of disruption (except in the case of your gross negligence or willful default). Should there be any duplicate transactions executed due to disruption in this service, I am aware that any loss or charges that arise from reversing the transaction will be borne by me (except in the case of your gross negligence or willful default).
For information on the Operation Rules please click on "https://www.ipb.citibank.com.sg/global_docs/ebroke/agreement_css.pdf".
GLOBAL VIEW OF ACCOUNTS
With Global View of Accounts service ("GVA Services"), I will be able to access a consolidated view of my account(s) with Citibank and its affiliates via web sites belonging to Citibank and its affiliates (including Citibank Online).
C. GENERAL TERMS AND CONDITIONS
Citibank Online enables me to have direct access to the Account(s) or to effect certain banking transactions, (including, without limitation, secure email 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 Customer's Terminal. My Use of the Services shall be subject to the Terms, the applicable Account terms and conditions of Citibank and the specific terms and conditions in respect of the relevant service(s) and/or product(s) and to such other terms and conditions as you may at your absolute discretion determine from time to time.
You may at your absolute discretion, vary, amend or modify any one or more provisions of these terms and conditions at any time with reasonable notice to me and such changes shall bind me and my legal representatives, successors, assigns and the beneficiaries of my estate.
Where you in your reasonable discretion make Citibank Online 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 access Citibank Online using my User ID and Password which I may obtain via registration on Citibank Online using my CIN and ATM-PIN or, Touch ID Sensor which I may obtain via registration on Citibank�s mobile application using a my User ID and Password and OTP. I can generate a new User ID and/or Password in such manner as you may prescribe from time to time. I understand that Touch ID Sensor is optional and that my activating Touch ID Sensor enables any fingerprint saved on the Customer�s Terminal, whether now or in the future, access to Citibank Online. Accordingly, I agree not to activate Touch ID Sensor and to immediately de-activate Touch ID Sensor on Citibank�s mobile application if any other person�s fingerprint is saved, whether now or in the future, on the Customer�s Terminal. In the event any other person�s fingerprint is saved on the Customer�s Terminal and I activate or continue to access Citibank Online using Touch ID Sensor despite the condition above, I understand that such person(s), using their fingerprint, will be able to access my Account(s) and perform transactions through the Citibank mobile application. I agree that the access and these transactions will be considered as authorized by me and I shall be responsible and liable for the same. In order to effect banking transactions through Citibank Online, I shall in addition to the CIN, ATM-PIN, User ID and Password be allocated an OTP. I shall gain access to Citibank Online for purposes of effecting banking transaction upon the correct input of my User ID, Password and OTP into the Customer's Terminal and/or upon the recognition of any fingerprint stored on the Customer�s Terminal using Touch ID Sensor. I am responsible for keeping, and shall take every precaution to keep, my CIN, ATM-PIN, User ID, Password, OTP as well as any other information that can be used to register/generate my User ID and Password confidential (including but not limited to not revealing my CIN, ATM-PIN, User ID, Password and OTP to any third party and taking all steps to prevent discovery of my CIN, ATM-PIN, User ID, Password and OTP by any third party). I am responsible for taking every precaution to prevent any third party from storing any fingerprint in the Customer�s Terminal. I am responsible for keeping, and ensuring that only my fingerprint(s) are saved on the Customer�s Terminal. This information by itself or together with information on my Account(s) may allow unauthorised access to and/or operation of my Account(s). For security purposes, I undertake your recommendation that I memorise my User ID, Password and OTP (instead of recording it down) and that I change my Password regularly. I may change my User ID or Password from time to time by using Change User ID or Password screen within Citibank Online , and you will be entitled at your reasonable discretion to reject any of my selections as my substitute User ID or Password without giving any reason therefore. I agree that you shall not be liable in anyway whatsoever for any unauthorized registration of User ID and Password, and after such registration, any subsequent generation of the User ID and Password. In the event that my User ID and Password is registered, generated, disclosed or discovered by any third party, I shall immediately change my User ID or Password. I am responsible for the use and operation of my Account(s), whether authorised by me or not. You shall not be liable for any loss I suffer as a result of any unauthorised use of my CIN, ATM-PIN, User ID, Password, OTP, and/or Touch ID Sensor except in the case of your gross negligence or wilful default.
I authorize you to notify me of my OTP via SMS or OSD. If notification is via SMS, I understand that you will send the SMS notification to my mobile phone number that you have on record. I acknowledge that in order for you to notify me of my OTP via SMS, I must provide you with my current mobile phone number. I agree that you shall not be liable if I am unable to gain access to my OTP (except in the case of your gross negligence or willful default). I agree not to disassemble, decompile, copy, modify or reverse engineer the OSD or assist anyone else to do so whether directly or indirectly.
I authorise you to act upon any instructions, which are identified by any use of my User ID, Password, OTP and/or Touch ID Sensor ("Citibank Online Use"). Such instructions, upon receipt by you, shall be effected at your reasonable discretion.
The Services are available 24 hours a day, 7 days a week. However, some or all of the Services that may be accessed through Citibank Online may not be available at certain times due to the maintenance and/or malfunction of the Citibank system. In the event of such unavailability, I may call 24-Hour CitiPhone Banking at +65 6224 5757 or visit a Citibank branch to conduct my banking transactions. I agree that you will not be responsible for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalized settings or my failure to access Citibank Online or any of the Services (except in the case of your gross negligence or willful default).
My role is extremely important in the prevention of any unauthorized use or operation of my Account(s). I must promptly examine my statements upon receipt. If I discover any discrepancies, omissions, debits wrongly made, inaccuracies or incorrect entries in my statement, I must immediately call 24-Hour CitiPhone Banking at +65 6224 5757.
In addition, I should take precautions to protect my personal identification information such as my CIN, ATM-PIN, OTP etc.. This information by itself or together with information on my Account(s) may allow unauthorized access to and/or operation of my Account(s). It is my responsibility to protect my personal identification information and my Account(s) information. I am responsible for the use and operation of my Accounts, whether authorized by me or not.
If I believe that my CIN, OSD, OTP and/or ATM-PIN may have been lost or stolen, or that someone has transferred or may transfer money from my Account(s) or otherwise has operated my Account(s) without my permission, I should notify you immediately by calling 24-Hour CitiPhone Banking at +65 6224 5757.
You shall not be obliged to investigate the authenticity or authority of persons registering or generating my User ID, Password, OTP and/or Touch ID Sensor. You shall not be responsible for verifying the accuracy and completeness of my instructions given via Citibank Online, nor shall you be liable for acting upon any instructions given using a successfully created User ID, Password, OTP and/or Touch ID Sensor, effecting my instructions or verifying the accuracy and completeness of my instructions. You shall not be liable for acting upon such instructions that you, in good faith, reasonably believe to be provided or authorized by me. Such instructions shall be deemed irrevocable and binding on me upon your receipt of the same notwithstanding any error, inaccuracy, incompleteness, 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's Terminal immediately.
I shall accept full responsibility for any access to Citibank Online using my User ID, Password, OTP and/or Touch ID Sensor and for all transactions executed via Citibank Online and in particular for ensuring the accuracy and completeness of my instructions.
I agree that you may at your reasonable discretion without prior notice to me cancel or refuse to execute my instructions at any time without furnishing any reason and without incurring any liability.
You shall be entitled to verify any instructions given via Citibank Online by calling back online or via telephone or any other means.
I represent that to the best of my knowledge, the Customer's 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 branches or subsidiaries of Citibank, N.A. are responsible for any electronic, mechanical, data failure or corruption, computer viruses, bugs or related problems that may be attributable to services provided by any internet service provider or information service provider, network provider, content provider, any server or such other equivalent system.
I acknowledge that all proprietary rights relating to and in connection with Citibank Online (including without limitation the Citibank web site) and all updates thereof, including without limitation any 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 I shall indemnify you and keep you indemnified on a reasonable basis against any consequences, claims, proceedings, losses, damages or expenses (including all legal cost on a reasonable basis) whatsoever and howsoever caused (except in the case of your gross negligence, willful default or fraud) that may arise or be incurred by you or any other party in providing Citibank Online to me, whether or not arising from or in connection with and including but not limited to the following:
All communications through Citibank Online 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 my Use of the Services, 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 my Use of the Services and communications received or dispatched by you save in the case of manifest or clerical error.
I understand that any access to Citibank Online will be effected through the internet service provider, information service provider, network provider, content provider, server or such other equivalent system 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 internet service provider, information service provider, network provider, content provider, server or such other equivalent system.
You may at your absolute discretion and at any time with reasonable notice:
Where you as part of Citibank Online to 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 to provide me (whether online or by way of CD-ROM) with a browser for the purpose of accessing Citibank Online, my use of the browser is subject to any payment, licensing and/or other terms prescribed by the relevant browser provider.
Neither you, any branch or subsidiaries of Citibank, N.A., any internet service provider, information service provider, network provider, content provider, any server, or such other equivalent system makes any express, implied or statutory warranties relating to Citibank Online, 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.
I agree that you have granted me only a non-exclusive license to use the software relating to and in connection with Citibank Online. This allows me to use such software only for its intended purposes as provided hereunder. I shall not distribute, disassemble, decompile, copy, modify or reverse engineer any of such software or allow anyone else to do so. Citibank Online gives me access to services and information from you, any branch or subsidiaries of Citibank, N.A., 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 Citibank Online is secure and cannot be accessed by unauthorized third parties, you do not warrant the security or confidentiality of any information transmitted through any internet service provider, information service provider, network provider, content provider, any server or such other equivalent system in any jurisdiction via Citibank Online.
My use of Citibank Online is personal to me, therefore I agree not to resell or make any commercial use of services available on Citibank Online. I agree that I shall not use the services available on Citibank Online for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others) invasive of another's privacy, abusive, threatening, obscene or that infringes the rights of others.
Citibank Online may be varied, cancelled or discontinued by you at any time with reasonable notice to me. After cancellation or discontinuation, Citibank Online may be reinstated in such manner and form on such terms and conditions as you may determine at your absolute discretion.
You shall use reasonable precautions to maintain the confidentiality of the information I have provided to you and the information I have created, inputted or developed in connection with my Use of the Services but because such information can be accessed through the internet I hereby acknowledge and agree that there can be no assurance that the information provided to me through the Services or any communication through email will remain secure. In addition, you may disclose such information to your employees, representatives, officers, agents and affiliates, as well as government entity or any other third party agent or service provider (a) for any purpose related to the conduct of your business or to the offering, providing or maintaining the Services (b) to comply with applicable rules, orders, subpoenas or other legal process, or in order to give information to any government agency or official requesting such information, or (c) for any other legitimate business purpose.
I expressly understand and agree that my use of the Services is at my sole risk. The Service is provided on an "As Is" and "As Available" basis.
You expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
You make no warranty that (i) the Service will meet my requirements, (ii) the Service will be uninterrupted, timely, secure or error- free, (iii) the results that may be obtained from the Use of the Service will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet my expectation, and (v) any errors in the technology will be corrected.
You make no warranty that (i) the Touch ID Sensor will meet my requirements, and (ii) the Touch ID Sensor will be accurate, reliable, available, uninterrupted, timely, secure or error-free.
Any material downloaded or otherwise obtained through the Use of the Service is done at my own discretion and risk and you are not responsible for any damage to computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from me or through or from the Service will create any warranty not expressly stated in these terms.
To the extent that any part of this section is not consistent with any other part of these terms, then this section will prevail.
I understand that I am required to be cautious when browsing on the internet and to use good judgment and discretion when making purchases, obtaining information, or transmitting information. From the Citibank web site, I may visit or be directed to sites containing information or material that may be offensive or inappropriate. You make no effort to review the content of these sites, nor are you responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites. In addition I understand that you do not endorse or control the content of any such sites and are not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading for content that infringes or may infringe upon the intellectual property or other rights of another. I acknowledge that you do not pre-screen content, but that you and your designees will have the right (but not the obligation) in your sole discretion to refuse, edit, move or remove any content that is available via the Service.
I agree that you will not be liable for any harm direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if you have been advised of the possibility of such damages, resulting from (i) the Use or the inability to use the Service (ii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service (iii) unauthorized access to or alteration of your transmission of data (iv) statement(s) or conduct of anyone on the Service; or (v) any other matter relating the Service.
Except when caused by your intentional misconduct or gross negligence, I agree to protect and fully compensate on a reasonable basis you and your affiliates and service providers from any and all other third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney fees) caused by or arising from my violation of the terms of my infringement, or infringement by any other user of my Account, of any intellectual property or other right of anyone.
You reserve the right to change or discontinue, temporarily or permanently, the Service at any time without prior notice to me. In order to maintain the security and integrity of the service you may also suspend my access to the service at any time without prior notice to me. I agree that you will not be liable to me or any third party for any modification or discontinuance of the service.
You are not obliged to take any steps or carry out any transaction or service contemplated under the Terms (including but not limited to such obligations imposed on you or agreed to by you herein) or provided under Citibank Online if you believe that the taking of such step or carrying out of such transaction or service will be in contravention of any applicable law, regulation or directive.
You may broadcast notices or messages through Citibank Online to inform me of changes to the Terms, the Services, or other matters of importance; such broadcasts shall constitute notice to me. All notices to you must be made in writing. If any provision of these Terms is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The laws of Singapore apply to the Terms without giving effect to its conflicts of laws provisions. The Terms constitute the entire understanding between you and me about the Services.
D. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO GVA SERVICES IN RESPECT OF ACCOUNTS IN THE US
THIS USER AGREEMENT FOR THE GLOBAL VIEW OF ACCOUNTS SERVICE ("AGREEMENT") SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY FROM TIME TO RECEIVE INFORMATION AND OTHER SERVICES ABOUT YOUR CITI ACCOUNTS (AS DEFINED BELOW) WHILE USING THE ONLINE BANKING SERVICE (WHETHER CALLED "CITIBANK ONLINE" OR OTHER NAME) OFFERED BY THE COUNTRY AT WHICH YOU ARE CURRENTLY LOGGED IN (THE "HOME COUNTRY"). THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY. BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
This Agreement governs your access to and, to the extent permitted, use certain electronic services now or hereafter made available to you by us (the "Services") on the Internet about your account relationships with Citibank, N.A. and other Citigroup businesses in the United States (the "Citi accounts") via the Citibank client Web site offered by and located in the Home Country where your are now logged in (the "Web site"), including electronic access to information about your Citibank accounts. This Agreement represents the entire agreement between you and us with regard to your access to and use of the Web site and the Services, as defined herein. Before you can use the Services or access the Web site, you must accept the terms and conditions of the Agreement. You should retain a copy for your records.
DESCRIPTION OF THE SERVICES
The Web site gives you online access to Information and Services, and allows you to download certain Information (as defined below) to a personal computer or other electronic device. Access to the Web site is provided via the Internet and the World Wide Web, through an unaffiliated Internet Service Provider. If and to the extent available, the Services and Information may include:
Information about banking, investment, insurance and related products and services which may be tailored to address your financial objectives and to reflect your interests based on, among other things, information provided by you.
Personalized investment information and investment advice, including recommendations regarding specific securities and investment vehicles such as mutual funds that are, in our opinion, consistent with your investment objectives, based on, among other things, information provided by you.
Electronic access to securities quotations, news stories, research commentaries and other Information provided by Citibank and Other Information Providers.
Online access regarding the status of your Citi accounts, including Information about all or some of your Citi accounts, account holdings, market values, securities positions and cash balances, and information about settled and pending transactions for your account (see "Data Protection; Privacy and Confidentiality- Persistence of Viewed Data On Your Computer or Other Access Device" below).
Online execution of certain banking and investment transactions such as fund transfers.
The ability to communicate with us through a secure e-mail function on the Web Site (see "Data Protection; Privacy and Confidentiality-Citibank Web Mail" below).
We may offer additional products and services via the Web site from time to time that are governed by different or additional terms and conditions. Such products and services are subject to any disclosures or disclaimers found therein. You may receive notice of such additional offerings when you access the Web site.
POTENTIAL DISCLOSURE OF CONSOLIDATED AND LINKED ACCOUNT INFORMATION
In order to enable you to view information about your Citi accounts via the Web site, we must transfer information about your Citi accounts to the Web site from the Citibank branch, business, subsidiary or affiliate where the Citi accounts are held, and then consolidate and link that information to provide you with access to that information via the Web site. This information may reside, temporarily or permanently, on the Web site, and will be subject to the legal systems and laws in force in the jurisdiction where the relevant account is maintained, the jurisdiction of your residence or citizenship as well as those of New York or other U.S. jurisdiction whose laws would govern your Citi account relationship. You expressly acknowledge and agree, therefore, that your ability to access and download such account information via the Web site may enable third parties, including official bodies and authorities and private persons, to compel us to disclose your interest therein and/or your Citi account relationships to other persons that have an interest therein, and you accept the consequences that may result from such linkage and disclosure.
SCOPE OF AGREEMENT
The Agreement is in addition to, and does not modify any other agreement governing your Citi account relationships with Citibank. Accounts and other services made available to you via the Web site will be governed by separate agreements between you and the account issuing institution, although those agreements will be deemed to have been supplemented by the terms of this Agreement when you access them via the Web site. By accessing the Web site and using the Services, you agree to comply with all rules or restrictions contained in this Agreement, as modified from time to time. In the event of any conflict between the terns of this Agreement and your Client Manual or any other agreement(s) governing the terms of your Citi accounts (each, an "Account Agreement"), the terms of your Account Agreement will control.
By accessing and using the Web site, you will be presumed to have notice of the most recent version of this Agreement. We will notify you of changes to this Agreement. Please make sure that you review the terms of this Agreement from time to time,. If you use the Web site and the Services after a change in this Agreement, you will be bound by all such changes.
If you have any questions about the terms of this Agreement, please contact your account issuing institution.
EXECUTING THIS AGREEMENT
You may be asked to agree to or accept the terms and conditions of this Agreement by clicking on an "I agree", "I consent" or other similarly worded button or entry field with your mouse, keystroke, or other computer device and by doing so you also agree to the following:
You request access generally to the Web site.
You request that ALL your Citi accounts in your name will automatically appear as part of your Home Country home page in the Web site , including any accounts that are jointly owned by you and another party or parties.
You request that information be made available to you on the Web site for each account, if any, for which you currently receive information or that you have otherwise designated to your Citibank banker for this purpose ("Designated Accounts").
You consent to receive this Agreement and all future notices, information and regulatory disclosures related to the Web site in electronic form and you confirm that you have available the software and hardware required to view and retain such information.
You agree to provide us with your external e-mail address and to notify us promptly if your external e-mail address changes.
You acknowledge and agree that you have read and agree to be bound by this Agreement.
You acknowledge that during your use of the Web site, information about you, your accounts,and your relationship with Citibank may be transferred cross-border, and, to the extent permitted by applicable laws, you hereby consent to such transfer and release us from any duty we might otherwise have to observe the banking secrecy and / or privacy laws of any relevant jurisdiction.
By accessing the Web site and using the Services following your acceptance of this Agreement, you agree to comply with all rules or restrictions contained in this Agreement, as modified from time to time.
ADDITIONAL DEFINED TERMS
"You," "your," and "yours" refer to you, the individual requesting access to the Web site and the Services. Where the context so admits, "you," "your," and "yours" may also mean any "Third Party Users" - persons that you have authorized to access your account information in a Third-Party User Agreement.
"Citi," "Citigold" and "we," "us," or "our," refers to collectively, as maybe applicable to you, Citibank, N.A. and/or affiliated entities. Affiliated entities include Citigroup Global Markets Inc., CitiMortgage, Inc. and other subsidiaries of Citigroup Inc. with which you may have an account relationship or which may otherwise provide Services under the Agreement "Information" means an account balance, status, securities quotations and any other quotations (such as foreign exchange or interest rates), research commentaries, and news stories and any other information provided through the Web site by Citibank or any unaffiliated third party vendor ("Other Information Provider").
"Information provided by you" means any information provided by you regarding your investment objectives, risk tolerance levels or interest in particular products or services, and your transactions via the Web site, including any data we compile from your usage of the Web site.
"Other Software Supplier" means any affiliated or unaffiliated supplier of software used on, or used to access, the Web site.
Your User Information is your private entry key into the Web site. You should never share it with anyone, including any Third Party Users. Identifier requirements and procedures for changing your User Information from time to time will be provided on the Web site.
CROSS BORDER DATA TRANSFER AND SECRECY WAIVER
We currently intend to provide the Services to you through facilities located in the United States and facilities outside the United States. In addition, in order to create and maintain a user profile for you, and to provide the Services to you via the Web site, we may need to access information about you, your accounts and your relationship with us from or through - or send such information to - Citibank branches, affiliates or service providers (including Citibank affiliates with which you maintain an account relationship) that are located outside the jurisdiction where the relevant account is maintained and may be located outside the United States. Such information may temporarily or permanently reside in locations outside of the United States, or the jurisdiction where the relevant account is maintained and such information therefore may be subject to supervision by the regulatory authorities in each jurisdiction where services are performed or information resides, as well as in New York, or the jurisdiction where the relevant account is maintained and in the jurisdiction of your residence or citizenship. If you are a resident of the European Union, such other countries may not offer "adequate protection" for the purposes of directive 95/46/EC of the European Union (as amended).
Therefore, in consideration of the Services provided to you, you hereby authorize and consent to such cross-border access. In addition, except where prohibited by law, you hereby release us from any duty we might otherwise have to observe the banking secrecy and / or privacy laws of any relevant jurisdiction, and you authorize us to access information about you, your Citi accounts and your relationship with us, via the Internet, from inside and outside the country where you maintain your account relationship with us and from inside and outside the country where your accounts with us are booked and/or serviced. You also hereby authorize us to disclose to other Citibank offices such information regarding you (including, in the case of accounts held in the name of a private investment company, Trust or other entity, information about the beneficial owner(s) or donors thereof), your accounts and your relationship with us as may be required from time to time to provide such Services to you. You expressly acknowledge and agree that in doing so, data about you, your accounts and your relationship with us will be transferred cross-border.
You also acknowledge that the information available to you via the Web site, including your Citi account information, can become subject to the legal systems and laws in force in each state or country (a) where it is held, received or stored by you or us, (b) from where it is accessed by you or us, or (c) through which it passes. You understand that the information can become subject to disclosure pursuant to the laws of those states or countries and you acknowledge and accept the consequences that may result from such disclosure. In addition, because your account(s) may include information about more than one individual (e.g. where you maintain a joint account) and about your business relations with us, you acknowledge and accept that statements released to comply with legal process may contain information regarding your relationship with these individuals and with us.
The Services and Information Do Not Constitute an Offer or Solicitation
The Services provided on the Web site are for informational purposes only and do not constitute an offer to sell or a solicitation of an offer to buy any product or service which may be referenced on the Web site, except where an offer is explicitly made through the availability of a prospectus on the Web site. Such offers can only be made where lawful under applicable law. If you wish to learn more about any product or service referenced on the Web site, you should contact account issuing institution.
Most Investment Products Have Risk
You acknowledge and understand that investment products referenced on the Web site and purchased or sold through Citibank or its affiliated companies:
are not insured by the Federal Deposit Insurance Corporation ("FDIC").
are not a deposit or other obligation of Citibank, NA or any other depository institution and are not guaranteed by Citibank, NA or any other depository institution.
are subject to investment risks, including the possible loss of the entire principal amount invested.
DATA PROTECTION; PRIVACY AND CONFIDENTIALITY
For a full statement of the policies and procedures governing the privacy and security of information you submit to Citibank or that Citibank collects about you. Please contact Citibank or the affiliate with which you have your Citi account relationship for a copy of its privacy statement or policy.
Persistence of Viewed Data on Your Computer or Other Access Device
Some Internet browsers (e.g. Microsoft ® Internet Explorer) automatically copy some kinds of viewed information to a computer's or other device's disk cache, even if you do not select "Save to Disk" or otherwise instruct the browser to download, store or record information to a hard drive or disk. Even if you do copy viewed information to a disk or hard drive, some Internet browsers will also automatically copy the information to the disk cache. To reduce the risk of unauthorized viewing of information you have viewed, therefore, you should be sure to clear the disk cache and their history after you leave the Web site. This precaution is particularly important if you use a public or third party's access device or if someone else has or could have access to your access device. You should also contact us immediately if your computer or other access device is lost or stolen or if you believe that an unauthorized person has obtained access to your personal information.
ACCESSING THE WEB SITE
Use of Third-Party Software
You may, from time to time, have to access software from unaffiliated vendors (such as Microsoft Corporation, Apple Inc., Adobe Systems Incorporated, and other vendor companies) that is made available to you in order to access information on the Web site. By accepting and using such software, you accept and agree to comply with the terms and conditions of all software licenses and service agreements, which will appear on screen when you sign onto the Web site. We do not accept any responsibility for your use of any third party vendor's software or services.
Lost or Stolen Access Devices
If you use software that we have given you to access the Web site, please remember that this software is valuable, and it is important for you to exercise care with it. Never lend it to anyone. Contact us immediately if you think such software has been stolen or lost or if you believe that an unauthorized person has obtained access to your User Information.
YOUR REPRESENTATIONS, WARRANTIES AND AGREEMENTS
You represent and warrant that this Agreement is your legal, valid and binding obligation, enforceable against you in accordance with its terms. Furthermore, by accessing the Web site, you:
Represent on a continuing basis that you are authorized to view any account, subaccount or portfolio for which you have requested access;
Represent on a continuing basis that you have observed and will continue to observe all laws and regulations applicable to you and your activities in respect of your use of the Web site;
Agree that we can, in providing the Services and Information to you, rely on the financial and other information provided by you to us from time to time; and
Agree that Citibank and its agents and support services providers may download certain information to your computer or other access device.
NO WARRANTIES OR PROMISES REGARDING INFORMATION, SERVICES, ETC.
Citi makes no warranties or promises to you regarding the following:
Completeness, Accuracy and Timeliness of Information: Citi does not guarantee the accuracy, completeness, sequence or timeliness of the Information, nor will we have any responsibility for indirect, consequential, or special damages you may incur (i) for any reliance by you on Information or for the reliability, accuracy, completeness, sequence or timelines thereof; (ii) for any delays or errors in the transmission or delivery of any part of the Information or Services; or (iii) for any use of Citibank Web Mail or external e-mail.
Timeliness of Price Quotations on the Web site: Any quotations or prices provided as part of the Services may be delayed and may not reflect the prices at which the applicable securities may be bought or sold or the rates at which a transaction may be executed. You should not make any decision to buy or sell securities based on such quotations or prices. If you wish to execute a transaction on-line you should note that the rates quoted are valid for only a limited period of time and if the transaction is not completed within such period, you will not be entitled to transact at that rate.
Continuation of the Services: Citi does not guarantee that it will continue to make the Information, the Services or the Web site available to you, whether by the same methods currently used or otherwise. You agree not to hold Citi liable for any damages arising from a discontinuation or modification of all or part of the Services, the Information or the Web site.
Computer Viruses: Citi shall not be liable for any harm caused by the transmission by a third party through the Services, the Information or the Web site of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt or otherwise impede in any manner the operation of the Services or any of your software, hardware, data or property.
Information and Software of Third Parties: Citi makes no representation and assumes no liability regarding the quality, accuracy or suitability of any information or software found on any other site not under Citi's control, or software or hardware developed by any third party that Citi distributes to you
LIMITATIONS ON THE LIABILITY OF CITI AND OTHER SERVICE PROVIDERS
Except as set forth in this Agreement or due to the gross negligence or willful default of Citi or its officers, employees or agents, neither Citi nor any Other Information Provider shall be responsible for, except as otherwise provided by law, any direct, indirect, special, incidental or consequential damages (regardless of whether such damages were reasonably foreseeable) arising in any way out of:
Your use of the Web site or the results of the use of the Services or the Information, including, without limitation, any financial results based on use of the Services or the Information;
Any suspension, delay, loss of use, unavailability, mutilation, failure, interception or interruption of the Services, in transmitting instructions or information relating to the Services or in connection with the Web site caused by any acts, omissions or circumstances beyond our reasonable control;
There being insufficient funds in the relevant account such as to prevent you from executing a transaction on-line whether or not due to Citi placing such funds on hold or closing such account or an order of court or other government or regulatory order directing us to prohibit withdrawals from your account or that the transaction would result in your account going into overdraft;
Effects on or damages to your software or hardware in connection with the use of the Web site or the Services;
Any other cause relating to your access to, inability to access, or use of the Services or the Web site, whether or not the circumstances giving rise to such cause may have been foreseeable;
The negligence, actions or failure to act of any unaffiliated Internet Service Provider or any Other Information Provider; or
Any other cause over which Citi or such Other Information Provider does not have control, including but not limited to failure of electronic or mechanical equipment, unauthorized access, strikes, failures of common carrier or utility systems, severe weather or other causes commonly known as "acts of god", whether or not such cause was reasonably foreseeable.
Subject to the provisions herein, if we are found liable for our acts or omissions for any reason whatsoever, our liability shall be limited to the amount of the relevant transaction or your direct damages, whichever is less. In no event shall Citi or any Other Information Provider be liable to you or any other person for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of use, revenue, profits or savings.
Although securities and other quotations, news stories, research commentaries and other non-account Information provided to you via the Web site are believed to be reliable, we have not independently verified it and do not make any representation as to its accuracy or completeness. Neither Citibank nor any Other Information Provider is liable for any deficiencies in the accuracy, completeness, availability or timeliness of such Information or for any investment or other decision made using such Information.
NEITHER CITI NOR ANY OTHER INFORMATION PROVIDER OR OTHER SOFTWARE SUPPLIER MAKES ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING SOFTWARE OR SERVICES MADE AVAILABLE TO YOU THROUGH OR IN CONNECTION WITH THE WEB SITE OR CONCERNING ANY BROWSER USED TO ACCESS THE WEB SITE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OR UNINTERRUPTED SERVICES OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS AND ONLY TO THE EXTENT THAT DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.
INFORMATION PROVIDED ON THE WEB SITE
The Information is delivered to you on a confidential basis solely for your personal, non-commercial use. It may not be reproduced in whole or in part, and its use by any other person is prohibited. You may download such Information to your personal computer or other electronic device and print out a hard copy for your personal reference, provided that you agree not to remove any copyright or other notices contained therein.
Unless otherwise stated, all account data and other Information provided to you via the Web site is provided as a convenience and for your information; it is not the official record of your account activity with Citi; your Citi account statement remains such official record. Account data provided through the Web site is generally updated as of the prior business day's close of business, but is subject to adjustment and correction. Therefore, you should not rely upon it for taking any action without first confirming its accuracy and completeness with your private banker. We do not accept any responsibility for any loss or damage that results if you take action (including, without limitation, the acceptance of any transaction via the Web site) without first contacting your account issuing institution to confirm the accuracy and completeness of your account data on the Web site. In the event of any discrepancy between the Information you view on the Web site and your Citi account statements, advices and confirmations, the latter shall be considered the official records of the accounts to which they relate.
Information on the Web site is Subject to Change
The accuracy, completeness, sequencing or timeliness of Information provided to you on the Web site is not guaranteed by Citi or any Other Information Provider and is subject to change. Dated Information or other dated material contained on the Web site reflects the authors' analysis as of the published date. Neither Citi nor any Other Information Provider is under an obligation to update such Information or other material or to reflect circumstances that may occur after the earlier of the date first appearing on the Web site or the date contained in the Information or other materials.
The Web site May Not be Used for Certain Purposes
You may use the Web site only for its intended purpose and may not reproduce, sell or distribute all or any portion of the Information provided to you through the Web site. The Web site uses proprietary software of Citi and Other Software Suppliers. If we give you software to use with the Web site, you agree that you will be granted a non-exclusive license to use such software. This license allows you to use the software only for its intended purposes as provided in this Agreement. You may not disassemble, decompile, copy, modify or reverse engineer any of the software or allow anyone else to do so.
Transmission or use of any material in violation of this Agreement or any applicable law, rule or regulation (whether of the United States or other countries), or the rights of any third party, is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening or obscene, material protected by trademark, trade secret or patent laws, or material that results in an invasion of privacy.
Citi and Other Information Providers Have Property Rights in the Web site, the Information and the Services
The Services and any Information provided by Citi and Other Information Providers are protected by applicable copyright, patent, trademark or other intellectual property laws. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit such Information or any of the Services provided in any manner (including electronic, print or other media now known or hereafter developed) without Citi's prior written consent.
You also agree not to use the Services or any such Information for any unlawful purpose, and you shall comply with any request of Citi or any Other Information Provider to protect their respective rights in the Services or such Information.
The Web site gives you access to the Services and to Information provided by Citi and Other Information Providers, which may be presented with a distinctive "look and feel". These Services, Information and "look and feel" are proprietary property of Citi and such Other Information Providers.
You agree that any ideas, concepts, comments, suggestions, techniques or know-how (collectively, "Submissions") you submit to us about the Web site is the exclusive property of Citi, and that we can use such Submissions for our own commercial benefit without being required to compensate you. You hereby irrevocably transfer and assign to Citi all copyright or other rights you may have in the Submissions.
Linking from the Citibank Web site to Other Web sites
If you use the Services or the links included on the Web site to gain access to a World Wide Web site or Internet location or source of information of any company, organization or person other than Citi, you acknowledge that such other sites or locations are not under Citibank's control and agree that Citi shall not be responsible for any information or other links found at any such World Wide Web site or Internet location or source of information, or for your use of such information. Citibank provides such links only as a convenience to you, and has not tested any software or verified any information found at such sites, including the content of any prospectus or sales literature contained on such sites (except with respect to a prospectus or sales literature prepared by Citi). The fact that Citi has provided a link to another site does not signify an endorsement of the site or its contents by Citi or constitute a recommendation by Citi of any security or investment referenced on the site.
YOUR COMMUNICATIONS WITH CITI MAY BE RECORDED ELECTRONICALLY
In connection with your use of the Services and your access to the Web site, you agree to the taping or any other form of electronic recording of any communication, electronic or verbal, between you and Citi or our employees or representatives, to the extent permitted by law. You acknowledge and agree to the recording, retention, monitoring and use by Citi (and its employees, representatives, affiliates and agents) of all instructions you give to us, all Citibank Web Mail and all external e-mail messages you send to us or receive from us, and all information and data that you input or provide during your use of the Services or the Web site.
GOVERNING LAW AND SUBMISSION TO JURISDICTION
This Agreement, as well as Citi's performance of its obligations with respect to this Agreement and the Services provided to you under this Agreement, will be governed by, and construed in accordance with, the laws of the jurisdiction where the relevant Citi account is maintained, including any governmental acts, orders, decrees or regulations applicable to that branch where the account is maintained and, where applicable, by U.S. federal law.
We will generally maintain our primary records with respect to the Services provided to you in facilities located in the jurisdiction where the relevant account is maintained. As noted above, however, we may provide all or a portion of such Services to you from one or more other countries, and information about you and your accounts and relationship with us may be transmitted from or through one or more other countries. Such information therefore also may be subject to the laws, regulations and usages of each jurisdiction where these services are performed as well as in New York, New York, U.S.A. and the jurisdiction where the relevant account is maintained.
For any dispute related to this Agreement or the Services provided to you under this Agreement, you (i) irrevocably submit to the exclusive jurisdiction of the courts of the jurisdiction where the relevant Citi account is maintained, provided that at our sole discretion, such jurisdiction shall not be exclusive of jurisdiction of a U.S. Federal Court sitting in New York City; (ii) waive any defense of inconvenient forum; (iii) agree that any final judgment will stand and be enforceable in other jurisdictions by suit or as provided by law and will be binding on you, your heirs, executors, legal representatives, successors and assigns; and (iv) agree that any summons, process or other legal document in connection with any such dispute may be served on you or your personal representatives by serving it at your mailing address.
WAIVER OF JURY TRIAL
You hereby waive, and Citi also waives, any right either of us may have to a jury trial in any dispute arising from this Agreement or any Services provided to you under this Agreement.
You hereby agree to indemnify and hold harmless Citi (and its directors, officers, employees, control persons, vendors, licensors and agents) and any Internet Service Provider and Other Information Provider from and against, on a reasonable basis, any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising out of or related to your breach of your agreements, representations and warranties contained in this Agreement, or the use of the Web site, the Services and the Information by you and by other persons to whom you have provided your User Information. This indemnification shall be binding upon you and your executors, administrators, heirs, successors and permitted assigns.
LIMITATIONS ON SOFTWARE IMPORT AND EXPORT
You understand that the Web site may include encryption-controlled software that may be subject to strict export license requirements prior to export from the United States or Canada. You agree not to export any software or technical data that you receive from us, or their direct product, without full compliance with all requirements of U.S. Export Administration Regulations (15 CFR Parts 730- 774) (the "EAR"). Without limiting the foregoing and even where export is approved under the EAR, export is prohibited to any country in Country Group E: 2 of the EAR, to any military end-user/ end-use in any country in Country Group D:1 of the EAR, and to any other destination or end-user specifically prohibited under the EAR unless such export has been first specifically authorized by a written export license or other authorization in accordance with the requirements of the EAR. You are solely responsible for obtaining any required export licenses or authorizations and for compliance with the EAR and any export or import restrictions imposed by any other country. Your obligations under this provision shall remain in effect after termination of this Agreement.
CHANGES IN TERMS, SERVICES OR FEES
We can cancel or change the Services or level of Services (including imposing or modifying any terms and/or restrictions applicable to the Services) provided to you via the Web site, and the terms set forth in this Agreement (including any fees), at any time with reasonable notice. While no access fees are currently charged for the Services or the use of the Web site, we reserve the right to charge a user fee in the future. Any fees that Citibank may charge would not include any fees separately imposed by an Internet Service Provider or other telecommunications service provider. We may modify the terms of this Agreement at any time by online notice (or written notice) to you, as required by applicable laws and regulations. Any changes will become effective as specified in the notice. If you would like a printed copy of this Agreement, please contact our 24-Hour CitiPhone Banking at +65 6224 5757 and we will send you a copy. If at any time you do not agree to any revision of the Agreement, you must terminate your use of the Services by using the 'deregister' link that is found within the 'Global View of Accounts' section of the Web site. By accessing and using the Web site, you will be presumed to have notice of and to have consented to the most recent version of the Agreement.
Except as provided in this Agreement, no waiver, modification or amendment of any provision of this Agreement will be effective against Citi unless the same is in writing and executed by Citibank.
Term of Agreement
This Agreement will remain in effect until either you or we terminate it. We may cancel this Agreement without penalty, for any reason, and at any time with notice to you. Cancellation of this Agreement will not terminate your accounts or other relationships with us.
Business days are days on which banks and other financial institutions are open for business in New York, New York, USA or the jurisdiction where the relevant account is maintained. Saturday, Sunday and Monday are considered one business day. Bank holidays in New York, New York, USA or the jurisdiction where the relevant account is maintained are considered part of the following business day.
Binding Effect; Assignments
This Agreement and your rights and obligations hereunder may not be assigned by you without Citi's written permission, and shall inure to the benefit of our successors or assigns whether by merger, consolidation or otherwise. Any assignment or transfer by you of this Agreement that is made without Citibank's prior written approval will be null and void. This Agreement shall be binding on you, your heirs, executors, legal representatives, successors and permitted assigns. We may assign this Agreement or any of our rights or obligations under this Agreement to a company affiliated with Citi or to any successor company (whether by merger, consolidation or otherwise), or to any other person or entity at any time without your consent.
Certain Parties Have Rights Under This Agreement Even Though They Are Not Parties
Certain securities exchanges and associations for over-the-counter securities markets ("Securities Markets") must give Citibank and/or Other Information Providers permission to make market data available to you relating to securities ("Affected Securities") listed on such Securities Markets. In connection with obtaining such permission, you acknowledge and agree that this Agreement confers third-party beneficiary status on each of the Securities Markets that make market data available to you relating to Affected Securities. In authorizing Citi to take any action, or to receive any communication, this Agreement authorizes Citi to act on its own behalf and on behalf of such Securities Markets. Each Securities Market may enforce this Agreement as to market data that it makes available, by legal proceeding or otherwise, against you or any person that obtains and uses market data improperly, unlawfully or in any other way that this Agreement does not permit. No act of omission on Citi's part and no other defense that might defeat recovery by Citi against you shall affect the rights of the Securities Markets as third-party beneficiaries under this Agreement.
No Waiver; Remedies
You agree that no delay or failure on our part to exercise any power or right under this Agreement, or a continued course of such conduct on our part, will operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. Only a written waiver signed by us will be valid. All rights and remedies granted to us in this Agreement are cumulative and not exclusive of any other rights or remedies which Citi otherwise has at law or equity.
Responsibility for Taxes
There are currently no sales or other taxes payable under U.S. law with respect to your subscription to, or use or receipt of, the Services. In the event that any such taxes should ever be imposed, however, you agree to pay, if and when due, all taxes (including all U.S. federal, state and local taxes) applicable to your subscription to, or use or receipt of, the Services.
Should any term or provision of this Agreement be held to be invalid or unenforceable by any court of competent jurisdiction or by a government agency or regulatory agency, or subsequently become invalid and unenforceable as a result of a change in applicable law, the remaining terms and provisions shall continue in full force and effect.
The Services and the Web site May Not Be Available to Certain Persons or at Certain Times
The Services and access to the Web site may not be available to Citi clients in all Home Countries. In addition, the Services may not be continuously available, and your access to particular Services or Information may be restricted to certain business days and to certain time periods during such business days at our discretion. We are not required to make the Services or access to the Web site available, or to continue to make the Services or such access available, to residents of any jurisdiction where we determine, in our sole judgment, that furnishing them to such persons might be unlawful under the laws of such jurisdiction or the laws of the U.S., or that compliance with either of such laws would be impractical or commercially unreasonable. Please check with your account issuing institution regarding the availability of Services and access to the Web site from your Home Country and country of residence. Not all products or services described on the Web site will be available to all Citi clients in all countries.
If you require assistance on your Citibank Global View of Accounts, please contact your Relationship Manager or our 24-Hour CitiPhone Banking at +65 6224 5757.
Electronic Consent and Acceptance of Terms and Conditions
In order to enroll to use the Global View of Accounts Service, I consent to receive and accept the terms and conditions of this User Agreement, and any amendments to it, electronically. I understand that I may withdraw my consent to having this Service provided to me by contacting you by telephone at +65 6224 5757, however, by doing so I understand that I will terminate my right to use the Service. Withdrawing my consent in this manner will not prevent me from re--enrolling to use the Service.
Required Equipment. In order to use the Service and to view and retain a copy of the terms and conditions contained in this Agreement, I understand that I must have a computer equipped with at least: a browser with 128-bit encryption; and either a printer or a disk drive or other electronic storage device. I understand that I can also obtain a printed copy of this Agreement by calling 24-Hour CitiPhone Banking at +65 6224 5757.
Consent and Agreement. By clicking on the "I Agree" "Submit", "Make This Transfer" or such other similar confirming your instructions given through Citibank Online, button "Submit", "Make This Transfer" or such other similar button confirming your instructions given through Citibank Online, , I agree: (1) I have software and equipment that satisfies the above requirements; (2) to receive information about the Service, including the Agreement and any subsequent amendments to it, electronically; and (3) have received an electronic version of the Agreement and agree to be bound by the terms and conditions contained therein. Because enrollment for the Service can only occur electronically, I understand that I will be unable to proceed if I do not click on this button. Citi reserves the right to provide information and notices about the Service to me by non-electronic means.