Terms and Conditions for Tele-electronic Banking Services (Hong
Contents
1. All rights reserved Tele electronic_Terms_Conditions_HK_SME_ English_version _2015_v1 Page 1 of 7 Terms and Conditions for Tele electronic Banking Services Hong Kong 3 5 3 6 3 7 3 8 3 9 4 4 1 1 4 1 2 Checking your statements In connection with your account 3 5 1 You acknowledge that any information pertaining to your accounts or transactions as reported through the Service may not always be completely up to date as there may be transactions and or instructions which without limiting the generality of the foregoing have yet to be processed by us require verification of the Bank or are in progress You agree that the information pertaining to the Service shall not for any purpose whatsoever be taken as conclusive of your account balance or transaction status We do not warrant the accuracy of any information pertaining to your accounts or transactions as reported through the Service If you become aware of any transaction on any of your accounts that has not been validly authorised by you you must notify us as soon as reasonably practicable by telephoning us on 852 2886 8888 or any other number we may let you have from time to time for this purpose For this purpose you must check bank Statements we send you within a reasonable time as determined by reference to the product specific terms and conditions or as set out in the Statement s after you receive them and let us know as soon as reasona2. P O Box 21 Hong Kong or any other address we may notify to you from time to time for this purpose 14 2 Any complaints in connection with the Service should be directed to G P O Box 21 Hong Kong or any other address we may notify to you from time to time for this purpose 14 3 Electronic mail is not a completely reliable or secure method of communication and you must not use it for sending us 14 3 1 notices in connection with the terms of this agreement or 14 3 2 sensitive communications such as payment instructions payment instructions should be sent through the Service in accordance with the User Guidance or in accordance with the terms of the relevant account which you hold with us 14 4 If we need to send you a notice we will use the address you have given us most recently in connection with your bank accounts 15 Service quality Recording your calls and instructions To protect both our customers and our staff and to help resolve any disputes between you and us you acknowledge that 15 1 Telephone conversations between us and customers of the Service may be recorded and we will keep a record of all instructions given by customers via the Service and we may listen to telephone calls and recordings thereof made in respect of the Service in order to assess and improve the quality of the Service 15 2 15 3 16 Our advertising From time to time we may advertise our own products and services
3. or for any loss you may suffer as a result of you using such a service You must comply with all the terms and conditions of such a service and pay all the charges connected with it Ownership rights in connection with the Service Software and other information 7 5 1 7 5 2 7 5 3 8 2 1 8 2 2 8 2 3 8 2 4 Each time you access the Service it may automatically provide Your System with the Service Software necessary to enable you to access and operate the Service Alternatively the Service Software may be supplied to you in some other way By supplying you with the Service Software to access the Service we are granting you a nonexclusive non transferable temporary licence to use the Service Software for the purpose of accessing the Service and for no other purpose The Service Software and all other material and information supplied to you including the User Guidance contains valuable information that belongs to us or others You must not use them except in connection with accessing the Service or take copies sell assign lease sub license or otherwise transfer them to any third party or try to decompile reverse engineer input or compile any of the Service Software If you access the Service from a country outside Hong Kong you are responsible for complying with the local laws of that country including but not limited to obtaining any licence needed for the import export of the Service Software to
4. or other device from which you access the Service and any software on that computer or other device If it is not you must compensate us for any loss we suffer as a result We shall not be liable to you for any loss you suffer as aresult of any incompatibility between the Service Software and any computer or other device from which you access the Service 7 6 Protecting against Viruses You must take all reasonably practicable measures to ensure that any computer or other device from which you access the Service is free of any computer virus or similar device or software including without limitation devices 8 commonly known as software bombs Trojan horses and worms together Viruses and is adequately maintained in 8 1 every way The Service can be accessed through the Internet a public system over which we have no control You must therefore ensure that any computer or other device you use to access the Service is adequately protected against acquiring Viruses Using other people s devices 8 2 You must not access the Service using any computer or other device which you do not own unless you have first obtained the owner s permission to do so If you break this rule you must compensate us for any loss we suffer as a result Access through third party services We cannot be responsible for any services through which you access the Service or by which you obtain an OTP or other Security Codes that are not controlled by us
5. other sums that may be payable by you to us or 4 10 3 the execution of your instructions will cause the balance in your designated account to exceed the credit limit that we 6 have set for you and or your designated account or 6 1 4 10 4 your designated account is closed frozen or inaccessible for any reason 4 11 You agree that you and not we will be responsible for any charges imposed or any other action taken by a receiving bank or intended receiving bank where 4 11 1 you do not have sufficient funds in your designated account for us to execute your instruction or 6 2 4 11 2 acourt or other body of competent jurisdiction prohibits 6 2 1 withdrawals from your designated account or 6 2 2 4 11 3 your designated account is closed frozen or inaccessible for any reason or 4 11 4 your designated account or any funds in your designated account have been put on hold or 6 2 3 4 11 5 the execution of your instruction to transfer funds will cause the balance in your designated account to exceed the credit limit that we have set for you and or your designated account or execution of your instructions Examples of such circumstances include but are not limited to fire flood or improper transmission or handling of payments by a third party Weare entitled to determine at our discretion the order of priority in executing your instructions to transfer funds make payment and or any other existing arrangements or instructions you may hav
6. 0 2 10 3 Copyright 2015 Standard Chartered Bank All rights reserved Service except where that access is obtained as a result of our negligence or our wilful default and any delay or failure to send transmit receive confirm or acknowledge any email SMS messages Security Codes or anything available under the Service or any error or incompleteness of any information or data available under the Service You will indemnify us and keep us indemnified against any consequences claims proceedings losses damages or expenses including all legal costs on an indemnity basis whatsoever and howsoever caused save and except any direct loss or damages caused by negligence or misconduct on the part of us that may arise to be incurred by us in providing you the Service whether or not arising from or in connection with and including but not limited to the following our acting on your instructions your improper use of the Service or any damage to Your System or other computer hardware devices facilities or software as a result of accessing or using the Service Please note that the Service has no facility for you to let us know that it is especially important to you that a transaction is carried out by a particular time If you need to be completely certain that an instruction has reached us and that it will be carried out by a particular time you must speak to our staff on 852 2886 8888 or inform us in any other way w
7. Terms and Conditions for Tele electronic Banking Services Hong Kong Please read these terms and conditions carefully 3 1 To ensure that you alone are able to access and give instructions on your accounts using the Service you must These terms and conditions set out the rights and obligations of you adopt and at all times maintain the security procedures as the customer and us the Bank in connection with your use of the described in this section 3 Service All the terms and conditions of this agreement are legally ae fais binding so please read them through carefully before you agree to 3 2 To enable you to use the Service we will give you an initial be bound by them User Identification Code and Password You may i subsequently choose your own User Identification Code if This agreement applicable and or Password s for the Service if you are e replaces all earlier terms and conditions relating to the Service if eal al tothe aa orinis cece jae bas belt any except where we advise you otherwise we will give each of you a unique initial User Identification ae ne i Code and Password s which the recipient may choose to e isin addition to the terms and conditions that apply to the B change at any time individual accounts or as the case may be business accounts you may be accessing through the Service If there is a conflict between the terms and conditions of this agreement and any 3 3 When you use certain online services a
8. among other things Service Software means any software supplied to you whenever you access the Service and any other software we supply to you for the purpose of accessing the Service from time to time Session means the period of time during which you remain connected to the Service between a successful login and the termination of that connection whether by your action expiry of time or otherwise Statement means bank statement contract or transaction note confirmation notice for Investment Services or any of these or similar documentation as applicable depending on the Service Terms and Conditions for Tele electronic Banking Services Hong Kong User Guidance means the guidelines we provide from time to time in connection with your operation of the Service which may include guidance e in hard copy form for example in a user manual or by letter and e spoken guidelines e g by any technical helodesks we may operate and e through any on line help service available as part of the Service User Identification Code means the user code issued to you for use with telephone banking and other elements of the Service and or the user name you choose for the electronic banking service or in each case any replacement user name or code that you choose We us our Bank refers to Standard Chartered Bank Hong Kong Limited and all other entities in the Standard Chartered Bank group in respect of which the Service wil
9. and those of other companies in the Standard Chartered Bank group through the Service If in connection with other agreements with us you have asked us not to send you any marketing material or if you do so in the future you agree that this restriction will not apply to these advertisements 17 The law covering this agreement This agreement is governed by the laws of the Hong Kong Special Administrative Region of the People s Republic of China Hong Kong Both parties agree to submit to the jurisdiction of the Hong Kong courts in connection with any dispute This does not affect our right to pursue our remedies in the courts of any other jurisdiction which is appropriate In the event of any inconsistency between the English version and the Chinese version of this agreement the English version of this agreement will prevail 18 18 1 18 2 18 3 19 19 1 19 2 19 3 19 4 19 5 20 Funds transfer service FTS You may use the Service to instruct us to transfer funds from your designated account with us to a stipulated account which may either be with us or with another bank Subject to section 18 3 you may issue as many instructions to transfer funds in any one day as you wish You shall not issue and we shall not be obliged to accept instructions to transfer in any one day an aggregate total which exceeds the daily limit as specified by us at our absolute discretion from time to time W
10. ange your Password regularly and will do so if 11 You agree that the use of the Service by you will constitute sacs i ert oe rae You shouldinot choose a your agreement to and receipt of these terms and conditions 3 4 2 wh y h P rd k as well as your acknowledgement of the inherent risks in eae WRENGVE YOUCTIOOSE A T ASSWOTT yOu must nono conducting any transaction over the Internet to choose a password or number that is likely to be guessed by anyone trying to access the Service pretending to be you For example you should avoid your own or a relative s 1 2 By agreeing to be bound by the terms of this agreement you birthday or any part of your telephone number agree that the Service will be available on all eligible accounts 3 4 3 you must take all reasonable steps to ensure that you with us whether open now or opened in the future including safeguard your Security Codes at all times whenever any joint accounts you hold with others The Service cannot possible You must not disclose any details of your be used on some types of accounts and we will advise you Password or OTP to anyone else including to someone who from time to time as to which accounts are eligible is a joint account holder with you or to a member of our staff 1 3 In order to use the Service you must or to someone giving assistance on a technical helpdesk in f connection with the Service 1 3 1 be the holder of an eligible account or as the case 3 4 4 you must not re
11. bly practicable about any errors or unauthorised transactions 3 5 2 Other security safeguards You must not allow anyone else to operate the Service on your behalf You must not leave Your System unattended while you are on line to the Service This applies whether Your System is a device you have sourced independently of us or a device provided by us to access the Service in one of our branches However the public nature of our branches makes it particularly important that if you access the Service from a device in one of our branches you do not leave that device unattended while on line and you ensure that you have gone off line before leaving the branch You must not access the Service from any device connected to alocal area network or LAN such as an office environment without first making sure that no one else is able to observe or copy your access or obtain access to the Service pretending to be you You must comply with any other requirements designed to protect the security of your use of the Service which are set out in the User Guidance or notified by us to you in any other way Your authority to us to carry out instructions You agree that the use of the Security Codes is adequate identification of you We are entitled to act on instructions using the Security Codes via the Service without obtaining any further written or other confirmation from you even if those instructions are not actually given or authorised by y
12. connection with any joint account if more than one person has registered to use the Service the withdrawal of any of those registered users from the Service will not affect the use of the Service by the others About our charges We are entitled 11 1 1 to charge you fees and charges for the Service and 11 1 2 to change those fees and charges from time to time by giving you at least 30 days notice If we give you such a notice you will not have to pay any proposed increase so long as you cancel your use of the Service during the 30 days notice period To avoid any doubt please note that the references to fees and charges in section 11 1 only apply to our charges for providing the Service They do not apply to any charges for particular banking or other services we might provide in response to your requests via the Service We will be happy to provide you with details of our charges for particular banking or other services on request Our right to make changes to this agreement We have the right to change the terms of this agreement at any time by giving you notice either in writing or by sending you a message via the Service We will give you 30 days notice of any change before it takes effect except when notice has to be shorter in order to protect the security of the Service or in other circumstances beyond our control Once you have received notice of any change in the terms of this agreement we will treat your subsequen
13. cord your Security Codes in a way that could may be a person authorised to operate an eligible make them recognisable by someone else as Security account and Codes 1 3 2 be registered by us to use the Service 3 4 5 if you discover or suspect that your Password is known to someone else you must immediately change the Password x yourself through the Service If this is not possible you must 2 Following our User Guidance notify us as soon as reasonably practicable by telephoning R us on 852 2886 8888 or any other number we may let you a eae a ice ao oe have from time to time for this purpose We will suspend things the times when the Service is available and how to 3 4 6 vou ee a access and operate the Service You must follow all relevant oe change to the mo IS iTe ae or associated User Guidance whenever you access and operate the Service mobile telephone handset registered with us for the purposes of receiving OTP transmissions You must also 2 2 Wemay inform you from time to time about changes to the notify us immediately if you discover or suspect that an OTP way you should access or operate the Service You must has become known to someone else If you are using the Service you should immediately log out from that Session to observe all such changes when accessing or operating the deactivate the OTP already obtained for that Session Service 3 Your responsibilities for security Copyright 2015 Standard Chartered Bank
14. e made with us on the stipulated date for the execution of your instructions Examples of such other existing arrangements or instructions include but are not limited to cheques and standing orders If you hold any joint accounts In connection with any account which you hold jointly provided that this is on a single signing authority basis with others you agree that your joint account holders may operate the account using the Service on the terms set out in this agreement This applies even if you are not yourself registered to use the Service in accordance with section 1 3 2 and any single party to a joint account may validly give instructions via the Service in connection with that joint account The provisions of section 5 1 above override any other existing arrangements in connection with your authority to operate joint accounts In connection with any account which you hold jointly with others and which requires two or more authorized signatories to effect transactions your access to the Service and the access of each of the other joint signatories will be limited to those parts of the Service which allow you to obtain information about the account including but not limited to the balance of the account Operating times changes and disruption The Service will usually be available for use at the times given in the User Guidance or at other times notified to you You accept however that routine maintenance requirem
15. e notify you about from time to time We will not be liable for any indirect consequential or special loss or damage to you whether foreseeable or not as a result of your use of the Service If you break a term of this agreement You must compensate us for any loss we suffer as a result of your breaking any term of this agreement Ending your use of the service You may cancel your use of the Service at any time by giving notice through our telephone number 852 2886 8888 or by using such other method of cancellation as we may notify to you from time to time If you have multiple accounts you may not cancel the Service solely in respect of any one account unless you are notified to the contrary in the User Guidance or otherwise in writing We have the right to end or suspend your use of the Service at any time We will usually give you at least 30 days notice However we may give you a shorter period of notice or no notice if we consider it necessary for example because of security concerns in connection with your use of 10 4 11 11 1 12 12 1 12 2 13 13 1 13 2 13 3 the Service or because we are concerned that you have used or may use the Service to create an unauthorised overdraft or otherwise to operate any of your accounts in breach of your arrangements with us If your use of the Service comes to an end for any reason this will not affect any instructions you have already given via the Service In
16. e shall not be liable to you for any loss or damage to you as a result of such non acceptance of such instructions by us Bill payment service BPS You may use the Service to instruct us to transfer funds from your designated account to the account of a stipulated payee organization which may either be with us or with another bank Subject to section 19 3 you may issue as many instructions to make payment to payee organizations in any one day as you wish You shall not issue and we shall not be obliged to accept instructions to make payment in any one day with an aggregate total which exceeds the daily limit as specified by us at our absolute discretion from time to time We shall not be liable to you for any loss or damage to you as a result of such non acceptance of such instructions by us You acknowledge that the crediting of payments made using the BPS service to the payee organization will be subject to the minimum turnaround times set out as prescribed by us at our absolute discretion from time to time You agree that we are entitled to provide a report on a daily or other regular basis to each of the payee organisations taking part in the BPS programme This report will list out all the users of the Service who have made payments to that payee organisation and the respective amounts paid by each of those users to that payee organisation and credited into that account of the payee organisation on each day Definitio
17. ents excess demand on the systems and circumstances beyond our control may mean it is not always possible for the Service to be available during its normal operating hours In connection with the Service we are entitled at any time to change the mode of operation or add to remove or otherwise change end or suspend any of the facilities available or end the Service If we decide to Copyright 2015 Standard Chartered Bank All rights reserved Tele electronic_Terms_Conditions_HK_SME_ English_version _2015_v1 Page 3 of 7 Terms and Conditions for Tele electronic Banking Services Hong Kong 7 1 T2 7 3 7 4 Copyright 2015 Standard Chartered Bank All rights reserved change or end the Service we will try to give you 30 days 7 5 notice or whatever shorter period of notice may be reasonable in the circumstances Service software and hardware Software compatibility You are solely responsible for the installation maintenance and operation of Your System or other device from which you access the Service for the software including Internet browser software you use in accessing the Service and for the maintenance of an account with a third party Internet or online service provider to enable you to connect to the Internet In addition to your obligations to comply with section 2 at all times it is also your responsibility to ensure that the Service Software supplied to you is compatible with any computer
18. ion try to do so to the extent that this is possible under the rules and practices of the banking system You agree that you will be responsible 5 for any costs we incur as a result 51 4 8 We may when we believe we are justified in doing so 4 8 1 refuse to carry out an instruction given via the Service or 5 1 1 4 8 2 require written confirmation from you of a particular instruction If we come to believe that an instruction may not have been properly authorised by you we will be entitled after making reasonable efforts to check whether it was properly authorised to take steps to reverse any action taken on the basis of that instruction 5 1 2 We will not be responsible for any loss to you that results from such a reversal 4 9 When you give an instruction via the Service we will act on that instruction in accordance with the cut off times notified to 5 2 you through the Service From time to time we may notify you of changes to these cut off times Instructions given at any other time may not be acted on until the next Business day 4 10 We shall not be obliged to execute your instructions and shall 5 3 not be liable for any loss or damage to you as a result of us not effecting your instructions if on the stipulated date of execution 4 10 1 your designated account does not contain sufficient funds for us to execute your instruction or 4 10 2 your designated account does not contain sufficient funds to pay for any charges fees interest or
19. it is your responsibility to make sure that no unauthorised overdrafts are created you will not rely on the operation of the Service to prevent an unauthorised overdraft being created In particular you must remember that your cheques and any payment instructions you have given via the Service might take time to clear Copyright 2015 Standard Chartered Bank All rights reserved Tele electronic_Terms_Conditions_HK_SME_ English_version _2015_v1 Page 2 of 7 Terms and Conditions for Tele electronic Banking Services Hong Kong and might not always be immediately reflected in the balance on your account 4 11 6 you did not in our sole opinion correctly use the Service or 4 11 7 circumstances beyond our reasonable control prevent the 4 7 When we receive a transaction instruction from you through the Service we will be entitled to debit any payment plus any charges payable for the transaction from the account you have specified or another account you hold with us Once you have given an instruction through the Service you will 4 12 not be able to reverse it We will be under no obligation 4 7 1 toreverse an instruction you have given or 4 7 2 to accept an instruction that is conditional or reversible or which requires us to pay a third party sooner than we would be able to pay them following our normal banking practices However if you do ask us to reverse an instruction after you have given it we may at our discret
20. l be available You your means you the customer s who are registered by us to use the Service Your System means the equipment and software contained on it used by you to access the Service If there is any inconsistency or conflict between the English amp Chinese versions the English version shall prevail Tele electronic_Terms_Conditions_HK_SME_ English_version _2015_v1 Page 7 of 7
21. nd transactions we other relevant terms and conditions the terms and conditions of may also require you to obtain from us and use a One time this agreement will prevail and Password OTP for additional security verification We will e relates to a business accounts in the name of your company notify you of the services and transactions which require b individual accounts in your sole name and OTPs from time to time When you attempt to effect any one c joint accounts but only if these may be operated by a single of such transactions during a Session you will be invited to signing authority collectively eligible accounts Account apply for an OTP from us Upon your application we will holders who do not have an eligible account for these purposes transmit an OTP either a by means of a SMS text may nonetheless make account enquiries or deposit funds using message to the mobile telephone number that you have this service but only for certain internet banking services or as registered with us or b by such other means as we may notified to you in the future otherwise select or agree from time to time In the last section of this agreement you will find definitions of some Safeguarding your Security Codes of the words and phrases used in these terms and conditions 3 4 2 ee pectoral rape a r AA wo issu you ise your Security Codes In 1 The accounts on which you may use the connection with your Security Codes services 3 4 1 you should ch
22. ns The meaning of some words and phrases used in this agreement Some words and expressions used in this agreement have particular meanings as follows Business day means any day except a Saturday Sunday or public holiday on which banks are open for transaction of business in Hong Kong OTP or One time Password means a randomly generated password known as the Onetime Password that is required as a means of identifying you when you instruct us to effect any one of the transactions as described in section 3 3 during a Session and which we will transmit to you in accordance with section 3 3 Tele electronic_Terms_Conditions_HK_SME_ English_version _2015_v1 Paae 6 of 7 Copyright 2015 Standard Chartered Bank All rights reserved Password means the Tele electronic Identification Number TIN issued to you for use with telephone banking and other elements of the Service and or the secret password you choose for the electronic banking service or in each case any replacement secret password that you choose Security Codes means your User Identification Code and Password together with any OTP we issue to you from time to time that are used to identify you whenever you access or transact using the Service Service means the services provided by us which enable you to obtain information from us and give instructions to us by computer telephone personal digital assistant or other device linked to our system by any means
23. ou except in the circumstances described in section 4 2 You agree that when you give to us an instruction via the Service including but not limited to an instruction to transfer funds out of your account we are deemed to have received or executed the instruction only when you have received our 4 2 1 4 2 2 4 3 4 3 1 4 3 2 4 4 4 5 4 5 1 4 5 2 Acting 4 6 4 6 1 And 4 6 2 confirmation that we have received or executed the instruction Your liability for unauthorised instructions Without prejudice to section 4 4 you will not be liable for misuse of your Password by someone to give unauthorised instructions purporting to come from you provided that you have ensured that all the security procedures described in sections 3 have been faithfully observed and notified us that your Password and or OTP is or might be known to someone else in accordance with section 3 4 5 and or section 3 4 6 You are solely responsible for ensuring the accuracy adequacy and completeness of all instructions given by you via the Service including but not limited to instructions to transfer funds out of your account We are not obliged to verify the accuracy adequacy and completeness of your instructions Without limiting the scope of anything in section 8 unless it is directly caused by negligence or misconduct on our part we will not be liable for any loss or damage to you as a result of your instructions to transfer f
24. t use of the Service as your acceptance of the change but please remember you have the right to end your use of the Service at any time The validity of the terms of this agreement If any one or part of the terms of this agreement proves to be legally unsound or unenforceable in any way this will not affect the validity of the remaining terms We believe the terms of this agreement are fair If any one or part of them proves to be not legally valid because it is unfair or for any other reason we are entitled to treat that term as changed in a way that makes it fair and valid If one of the terms of this agreement is unenforceable against one of the customers signing this agreement this will not in any way affect the enforceability of that term against the other signatories Tele electronic_Terms_Conditions_HK_SME_ English_version _2015_v1 Page 5 of 7 Copyright 2015 Standard Chartered Bank All rights reserved Terms and Conditions for Tele electronic Banking Services Hong Kong 13 4 If we relax any of the terms of this agreement once this may be on atemporary basis or as a special case only Such relaxation will not affect our right to enforce that term strictly at any other time 14 Communications between us 14 1 Except for situations where this agreement refers to your giving us notice by telephone you should give us any other formal notice in connection with the Service in writing in hard copy form to G
25. that country The extent of our liability for your loss or damage We will take reasonably practicable steps to ensure that our systems in connection with the Service are installed with adequate security designs and to control and manage the risks in operating the systems taking into account any law rules regulations guidelines circulars codes of conduct and prevailing market practices which may be applicable to us from time to time We will not be liable for any loss or damage to you as a result of making the Service available to you unless the loss or damage is directly caused by our negligence or our wilful default Examples of circumstances in which we will NOT be liable to you for loss or damage resulting to you through the use of the Service include but are not limited to acting on an instruction which has been validly authenticated as coming from you but which in fact was given by somebody else but please see sections 4 2 to 4 5 which explain the exceptions to this rule and any incompatibility between Your System and the Service and any misuse of Your System by you or anyone else and any access to information about your accounts which is obtained by a third party as a result of your using the Tele electronic_Terms_Conditions_HK_SME_ English_version _2015_v1 Page 4 of 7 Terms and Conditions for Tele electronic Banking Services Hong Kong 8 2 5 8 3 8 3 1 8 3 2 8 3 3 8 4 8 5 10 10 1 1
26. unds being inaccurate inadequate or incomplete in any manner or any failure refusal delay or error by any third party through whom any such funds transfer is to be made to transfer the funds to or to credit the account of the intended payee You will be held liable for all losses due to unauthorised use if you have acted fraudulently or with gross negligence or if you are in default of any of the security obligations described in section 3 or the notification requirements of section 3 4 5 3 4 6 or section 3 5 You will not be responsible nor have any liability for any instruction that is not authorised by you but is given using your Security Codes if such instruction is given after you have notified us that you had discovered or suspected that your Password and or OTP is known to someone else in accordance with section 3 4 5 and or 3 4 6 or your Password and or OTP has become known to the person giving the unauthorised instruction as a result of our failure to comply with section 8 1 or any negligence or wilful default on our part on your instructions You must not use the Service to create an unauthorised overdraft on any of your accounts and we are entitled to refuse to accept any instruction that would do so If an unauthorised overdraft is created we may take any action we think fit and charge any interest and charges to the account in question in accordance with the terms and conditions of that account You agree that
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