These terms and conditions ("Terms") apply to and regulate your use of the OCBC OneTouch™ Service provided by Oversea-Chinese Banking Corporation Limited ("OCBC" or the "Bank"). The OCBC OneTouch™ Service is provided as part of OCBC Internet Banking Service, and accordingly:
- these Terms are in addition to and shall be read in conjunction with the OCBC Terms and Conditions governing Electronic Banking Services (and any reference to the terms and conditions of the OCBC Terms and Conditions governing Electronic Banking Services shall include reference to these Terms); and
- in the event of any conflict or inconsistency, these Terms shall prevail over the OCBC Terms and Conditions governing Electronic Banking Services to the extent of such conflict or inconsistency.
You must accept and agree to these Terms before you are able to use the OCBC OneTouch™ Service. By accepting and agreeing to these Terms, you acknowledge and agree that you have successfully registered for the OCBC OneTouch™ Service and will be able to view your account information using the fingerprint registered with your mobile device. You understand the need to protect your mobile device. Once your mobile device is successfully registered with the OCBC OneTouch™ Service, your account information can be accessed with the fingerprint registered in your mobile device. If you have other people's fingerprints registered on your mobile device, they will be able to access your account information as well.
- The OneTouch Service is a mobile banking application, available only to customers using:
- Apple mobile device with fingerprint recognition feature, operating on iOS 8 or newer systems, and with Touch ID registered. Touch ID is a fingerprint recognition feature, designed and owned by Apple Inc. The OneTouch Service may not work if the phone contains applications not authorized by Apple Inc.
- Samsung mobile device with fingerprint recognition feature, operating on Android 4.4 or newer systems, and with fingerprint registered. Finger scanner is a fingerprint recognition feature, designed and owned by Samsung Electronics Co. The OneTouch Service may not work if the phone contains applications not authorized by Google and/or Samsung Electronics Co.
- To use the OCBC OneTouch™ Service, you will need to:
- be a customer of the Bank and be a valid user of the OCBC Internet Banking Service;
- have installed the OCBC Mobile Banking Application on your Apple mobile device (the "Application");
- have at least one fingerprint registered in Touch ID on your Apple mobile device; and
- comply with these Terms.
- If you wish to register for the OCBC OneTouch™ Service, you must go through a registration process by keying in your OCBC Internet Banking access code and PIN, followed by a One Time Password.
- You can deactivate the OCBC OneTouch™ Service at any time via the "Settings" menu in the OCBC OneTouch™ main page.
- You acknowledge and agree that, for the purposes of the OCBC OneTouch™ Service, the Application will be accessing the fingerprint registered in your mobile device, and you hereby consent to the Bank accessing and using such information for the provision of the OCBC OneTouch™ Service.
- The Bank reserves the right to impose charges or to revise at any time such charges for the use of the OCBC OneTouch™ Service upon written notice to you. Such charges or revisions shall take effect from the date stated in the notice. Where you continue to use the Application after such notification, you shall be deemed to have agreed to and accepted such charges or revisions to such charges.
- The Bank expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, whether express or implied, statutory or otherwise, relating to or arising from the use of, the OCBC OneTouch™ Service or in relation to the processing of or any other matter relating to any OCBC OneTouch™ Service request ("Request"). Without prejudice to the foregoing, the acceptance by the Bank of your submission of a Request does not amount to a representation or warranty by the Bank:
- the OCBC OneTouch™ Service will meet your requirements;
- the OCBC OneTouch™ Service will always be available, accessible, function or inter-operate with any network infrastructure, system or such other services as the Bank may offer from time to time; or
- your use of the OCBC OneTouch™ Service or the Bank's processing of any Request will be uninterrupted, timely, secure or free of any virus or error.
- You acknowledge and agree that, to the extent permitted under applicable law, the Bank shall not be liable to you for any and all losses, liabilities, costs, expenses, damages, claims, actions or proceedings of any kind whatsoever (whether direct, indirect or consequential) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise) in connection with:
- the provision by the Bank of or your use of the OCBC OneTouch™ Service or the Application;
- the processing of any Request;
- any unauthorised access and/or use of your mobile device;
- the use in any manner and/or for any purpose whatsoever by any person at any time whatsoever and from time to time of any information or data:
i. relating to you;
ii. transmitted through your use of the OCBC OneTouch™ Service or the Application; and/or
iii. obtained through your use of the OCBC OneTouch™ Service or the Application;
- any event the occurrence of which the Bank is not able to control or avoid by the use of reasonable diligence; and/or
the suspension, termination or discontinuance of the OCBC OneTouch™ Service.
- The Bank shall not be liable and you agree to indemnify the Bank and keep the Bank indemnified against any consequences, claims, proceedings, losses, damages or expenses (including all legal costs on an indemnity basis) whatsoever and howsoever caused that may arise or be incurred by the Bank in providing the OCBC OneTouch™ Service, whether or not arising from or in connection with and including but not limited to the following:
- any improper or unauthorised use of the OCBC OneTouch™ Service or the Application by you;
- any act or omission by any relevant mobile or internet service provider;
- any delay or failure in any transmission, despatch or communication facilities;
- any access (or inability or delay in accessing) and/or use of the OCBC OneTouch™ Service or the Application; or
- any breach by you of any warranty under or provision of these Terms.
- To the extent that any of the limitations set out above are not permitted by law, the Bank's liability to you arising from or in respect of each Request, whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any and all losses, damages or liabilities caused or arising from or in relation to the Bank's provision of the OCBC OneTouch™ Service and/or under or relating to these Terms shall not exceed the value of such Request.
- The Bank shall be entitled to exercise any of its rights and remedies under the OCBC Terms and Conditions governing Electronic Banking Services (including the right to withdraw, restrict, suspend, vary or modify the OCBC Internet Banking Service (whether in whole or in part)).
- No failure or delay by the Bank in exercising or enforcing any right or option under these Terms shall operate as a waiver thereof or limit, prejudice or impair the Bank's right to take any action or to exercise any right as against you or render the Bank responsible for any loss or damage arising therefrom.
- If any one or more of the provisions in these Terms are deemed invalid, unlawful or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired.
- A person who is not a party to any agreement governed by these Terms has no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any of these Terms.
- These Terms shall be governed and construed in all respects in accordance with the laws of the Republic of Singapore but in enforcing these Terms the Bank is at liberty to initiate and take actions or proceedings or otherwise against you in the Republic of Singapore or elsewhere as the Bank may deem fit, and you hereby agree that where any actions or proceedings are initiated or taken in the Republic of Singapore, you do hereby submit to the jurisdiction of the courts of the Republic of Singapore in all matters connected with your obligations and liabilities under or arising out of these Terms.