Financial Services

Postline ("PL") Accounts Terms & Conditions
In consideration of Austalia and New Zealand Banking Group Limited (hereinafter called “the Bank” which expression shall include the Bank’s successors and assigns) agreeing to extend the PL facility (hereinafter called the “PL Facility”) to the Customer at the Customer’s request, the Customer agrees to be bound by these Terms and Conditions Governing PL Accounts as may be revised, amended, supplemented, replaced or superseded by the Bank from time to time.
1. General Definitions
In these Terms and Conditions Governing PL Accounts, unless the context otherwise requires, the following words shall have the following meaning:-
- “Credit Limit” means the maximum debit balance permitted by the Bank on the PL Account from time to time.
- “Customer” means the person in whose name the PL Account is maintained and includes his personal representatives, successors-in-title and permitted assigns. Where the PL Account is jointly maintained by 2 or more persons, the expression “Customer” shall include each and every such person and their respective personal representatives, successors-in-title and permitted assigns and, where the context permits in Clause 15.1, mean any of them.
- “Excess Sum” means the sum or sums drawn from the PL Facility in excess of the Credit Limit.
- “Minimum Payment Due” in relation to any Statement of Account means the minimum amount which the Customer is required to pay by the due date of payment specified in that Statement of Account.
- “Statement of Account” means the Bank’s monthly or periodic statement showing the amount due to the Bank on the PL Account.
- “Statement Month” in relation to any Statement of Account means one (1) month following the date of that Statement of Account.
- “PL Account” means the account maintained with the Bank in respect of the PL Facility.
- “PL cheque” means a cheque drawn on the PL Account.
2. Interpretation
2.1 The headings to the clauses have been inserted for guidance only and shall not be deemed to form any part of the context or to be taken into consideration in the interpretation of these terms and conditions.
2.2 Words importing the singular meaning shall where the context so admits include the plural meaning and vice versa; and words importing the masculine gender shall where the context so admits include all genders.
3. Conditions for the Availability of PL Facility
The Bank may grant or continue to grant the PL Facility to the Customer if the following conditions are fulfilled and continued to be fulfilled:
- the Bank’s offer of PL Facility has been accepted by the Customer in such manner as prescribed by the Bank;
- an PL Account has been opened by the Customer with the Bank and the PL Account remains open and active at all times;
- all documents, legal or otherwise, as may be required by the Bank must be in order and where applicable, duly completed, signed and executed to the satisfaction of the Bank;
- all documentary proof as may be required by the Bank must have been duly furnished; list(s) of the specimen signatures of the authorised signatories of the Customer shall have been filed with the Bank which shall be binding upon the Bank and shall remain in full force and effect until written notice of amendment or revocation by the Customer thereof has been received by the Bank;
- there are no circumstances which in the opinion of the Bank would adversely affect the Bank’s ability, decision or willingness to grant or continue to grant the whole or part of the PL Facility to the Customer; and
- all other conditions precedent as the Bank may require or impose have been fulfilled to the satisfaction of the Bank or otherwise have been duly complied with.
4. Credit Limit
4.1 The Credit Limit for the PL Facility shall be such sum as maybe approved and notified by the Bank to the Customer from time to time subject to the prevailing legislation, rules regulations and/or directives imposed or issued by the competent authorities.
4.2 Without prejudice to the foregoing, the PL Facility is subject to on-going review by the Bank. The Bank may at its sole discretion reduce, cancel, modify, suspend or otherwise vary the Credit Limit, revise, restructure or convert the PL Facility to such other facility type on such terms and conditions as may be determined by the Bank; or otherwise require the Customer to perform or refrain from performing such acts to comply with such terms and conditions imposed by the Bank from time to time and at any time on the PL Account or the PL Facility in general or on the Customer in particular.
4.3 The Bank may from time to time increase the Credit Limit. Any such increase in the Credit Limit shall be approved and notified by the Bank to the Customer and shall be deemed to be accepted by the Customer unless the Bank shall be in receipt of a written notice of objection by the Customer within 7 days of the Bank’s notice as aforesaid. If, following the Bank’s notice, the Customer continues to use the PL Facility and/or does not terminate the PL Account, the Customer shall be deemed to have accepted the said increase.
4.4 The Customer shall operate and maintain the PL Account within the Credit Limit at all times. However, the Bank may at its absolute discretion without obligation thereto and without prior notice to the Customer, honour any PL cheque or cheques issued in accordance with the terms and conditions herein contained, allow any drawing on the PL Account or otherwise debit the PL account with such sum or sums payable by the Customer pursuant to these Terms and Conditions Governing PL Accounts notwithstanding that such drawing or debiting shall cause the Credit Limit to be exceeded. In the event that the Credit Limit is exceeded, the Customer shall forthwith repay the Excess Sum without demand.
5. Access
The PL Facility shall be availed through the PL account. The Customer may access the PL Account and draw on the PL Facility through PL cheques, ATM card(s) issued by the Bank and the Bank’s PhoneBanking services (including the Bank’s website when the same is made available and accessible to customers).
6. PL Check Book
6.1 The Bank is authorised but not obliged to honour all PL cheques issued by the authorised signatories of the PL Account in accordance with the signature requirements as may be given by the Customer from time to time in the Bank’s prescribed form. Any alteration on a PL cheque must be confirmed by the drawer’s full signature.
6.2 PL cheque(s) shall not at any time be issued to pay any monies owing under the PL Account, the PL Facility or these Terms and Conditions Governing PL Accounts. The Bank may refuse to make a cash payment where the word “bearer” has been cancelled on the PL cheque presented for payment.
6.3 The Customer shall keep all PL cheques and PL cheque books in a safe and secure place. The Customer shall take all steps and precautions to prevent any forgery, fraud, loss or theft in respect thereof, including but not limited to not drawing PL cheques in a manner which facilitates fraud or forgery.
6.4 If any PL cheque or PL cheque book is lost, stolen, mislaid or if the Customer has reason to believe or suspect or knows that there has been unauthorised use of any PL cheque or PL cheque book, the Customer shall immediately notify the Bank in writing. The Customer is liable for all unauthorised transactions made prior to the Bank’s receipt of a written notification from the Customer of the loss, theft or unauthorised use of the PL cheque book.
6.5 If any lost, stolen or mislaid PL cheque or PL cheque book is found or recovered, the Customer must not use such cheque or cheque book but must immediately notify. the Bank and return the same to the Bank.
6.6 The Bank shall be entitled at its absolute discretion to issue a replacement PL cheque book upon such terms and conditions as the Bank may deem fit.
6.7 The Customer hereby irrevocably authorises the Bank to release its name and account number to the Bank’s printer for the purpose of printing the PL cheque book(s).
7. Statement of Account and Payment
7.1 A Statement of Account will be sent to the Customer on a monthly basis provided that the Bank shall be entitled not to send any Statement of Account for any period during which the PL Account is inactive. Each month, the Customer shall pay at least the Minimum Payment Due on or before the respective due dates) of payment as stated in the Statement of Account. The Minimum Payment Due shall include the Excess Sum and all overdue payments (if any) in respect of the PL Account.
7.2 The Minimum Payment Due and the respective due date(s) of payment shall be determined by the Bank. The Bank reserves the right to vary the minimum payment requirements and the due date of any payment at its absolute discretion without prior notice to the Customer.
7.3 If the Minimum Payment Due for the preceding month is overdue (whether in full or part), the Customer shall pay the Minimum Payment Due stipulated in the current month’s Statement of Account to the Bank immediately.
7.4
- In the absence of written instructions to the Bank on the manner in which payments are to be appropriated, the Bank shall be entitled to appropriate all such payments in the manner it deems fit.
- In the event that the payment received by the Bank shall be less than the Minimum Payment Due or, where applicable, less than the amount required to settle all sums outstanding due under the PL Account together with interest thereon in full, the Bank shall be entitled to apply the said payment received towards settlement of the principal amount outstanding, the Excess Sum, the interest, charges, fees and all other monies outstanding under the PL Account or any part thereof or under these Terms and Conditions Governing PL Accounts in such proportion or otherwise in any such manner as the Bank shall in its absolute discretion deem fit irrespective of any instruction or direction given by the Customer. The provisions herein shall not in any manner affect, alter, prejudice or impair the Bank’s rights under any other provision in these Terms and Conditions Governing PL Accounts, at law or in equity.
7.5 The Customer shall examine the Statement of Account and must notify the Bank in writing of any discrepancies within 14 days from the date of the Statement of Account. The Statement of Account shall be conclusive and binding on the Customer unless the Bank receives the Customer’s written notification of any discrepancies as aforesaid and the Customer shall not dispute any such statement for any reason including by reason of payments which are made as a result of unauthorised or forged instructions or signatures. The decision of the Bank in respect of any such discrepancies duly notified by the Customer shall be final, conclusive and binding on the Customer for all purposes whatsoever. Notwithstanding the foregoing, the Bank shall be entitled at all times to correct any errors or omissions in any Statement of Account and to debit or credit the PL Account (as the case may be) for the relevant amounts following such correction.
7.6 All payments due to the Bank under these Terms and Conditions Governing PL Accounts shall be made in Singapore Dollars and shall be made in full, free of any restriction or condition and free and clear of and without any deduction or withholding (whether in respect of set-off, counterclaim, taxes, charges or otherwise) unless such deduction or withholding is required by law, in which event the Customer shall immediately pay all payments due to the Bank and any additional amount so that the amount actually received by the Bank (free from any liability in respect of such deduction withholding or payment) will be equivalent to the full amount which the Bank would have received and so retained if no such deduction or withholding payment had been made; and the Customer must furnish the Bank with an official receipt from the relevant authority involved for all amounts so deducted or withheld.
7.7 The Bank shall be entitled to convert any payment received or recovered by it in a currency other than Singapore Dollars at such time and rate of exchange as the Bank in its absolute discretion determines and the Customer shall bear all handling/processing fees charged by the Bank for such foreign currency payments as well as all exchange risks, losses, commissions and other bank charges which may thereby be incurred.
8. Interest
8.1 Interest shall accrue from day today on the daily debit balances outstanding under the PL Account on a 365 day-year basis at such rates of interest as the Bank may notify the Customer from time to time. Interest accrued under the PL Facility will be capitalised and debited from the PL Account at the end of each statement month or on such other day or days that the Bank normally debits interest accrued under an account and thereafter interest shall continue to accrue at the rate(s) provided herein on all amounts due and owing under the PL Account. A minimum interest of S$12 per month or such other amount as the Bank may from time to time determine will be levied and debited from the PL Account if the PL Account has a debit balance at any time within a calendar month.
8.2 Interest on the Excess Sum shall be at such rate(s) as may be determined by the Bank from time to time.
8.3 The Bank may in its absolute discretion (but shall be under no obligation to) elect to pay interest on any credit balance in the PL Account at such rate(s) as the Bank may notify the Customer.
8.4 If the Minimum Payment Due or any other sum(s) due hereunder is not paid on its respective due date of payment therefor, interest at such rate as may be determined by the Bank will be levied on the total Outstanding Balance and other overdue sums in the PL Account from the date of first default until the date of actual payment on a day to day basis, subject to a minimum sum per late payment as the Bank may determine from time to time at its sole discretion.
8.5 All interest due under the PL Account, the PL Facility and these Terms and Conditions Governing PL Accounts (including but not limited to interest on Excess Sum, overdue Minimum Payment Due and all other sums remaining unpaid on demand) shall accrue on a day to day basis and shall be payable as well after as before judgement at the prevailing PL interest rate or such other rates of interest as the Bank may determine from time to time from the date of demand, recall or first default, whichever is the earlier, up to and including the date of actual payment.
9. Charges, Costs and Expenses
9.1 The Customer shall be liable to pay the following non-refundable fees and charges including all but not limited to:-
- joining fee of such amount(s) as the Bank may from time to time prescribe;
- annual fee of such amount(s) as the Bank may from time to time prescribe;
- a processing fee of such amount(s) as the Bank may from time to time prescribe in the event that any PL cheque issued by the Customer or any authorised signatory of the PL Account is dishonoured for any reason whatsoever,
- a processing fee of such amount(s) as the Bank may from time to time prescribe for any PL cheque in respect of which the Customer or any authorised signatory of the PL Account has given instructions to stop payment;
- in addition to the interest mentioned in Clause 8.4, a late payment charge of such amount as the Bank may from time to time prescribe for each instance where the Minimum Payment Due or any other sum due to the Bank is not received by the Bank by the relevant due date of payment therefor; and
- such other fees or charges which may be prescribed from time to time for making available the PL account, the PL Facility and/or any services or features relating to the PL account or PL Facility by:
- the Bank;
- any government agency, statutory board or authority in Singapore or elsewhere; and/or
- any party involved in facilitating, processing or providing any services or facilities in connection with the PL account, the PL Facility, and/or this Agreement.
9.2 The Bank shall be entitled in its absolute discretion to determine, revise or vary the amounts, rates, charges, types and/or basis of calculation of interest, fees and charges payable by the Customer under these Terms and Conditions Governing PL Accounts without notice and without giving any reason and the same shall be payable by the Customer upon demand or at such time(s) as the Bank may deem fit All such interest, fees and charges payable to the Bank shall be capitalised and debited from the PL Account at the relevant due date(s) for payment.
9.3 All costs expenses disbursements and legal charges incurred or payable by the Bank in enforcing the Bank’s rights under the PL Account, the PL Facility and these Terms and Conditions Governing PL Accounts or otherwise in administering, demanding and collecting payment of the monies due under the PL Account the PL Facility and these Terms and Conditions Governing PL Accounts including but not limited to legal costs as between solicitor and client and the goods and services tax thereon shall be home by the Customer on a full indemnity basis.
9.4 Where the Customer is in default of payment of the costs, charges, fees, taxes and expenses mentioned in Clauses 9.1 to 9.3 above, the Bank may at its discretion, where applicable, meet such costs, charges, fees, taxes and expenses, and the Customer shall repay such monies to the Bank on demand and until repayment the Bank shall be entitled to charge interest on the monies so incurred by the Bank from the date the costs and expenses were incurred to the date of full payment at the rate of interest stipulated by the Bank pursuant to Clause 8.4.
10. Right of Debit
10.1 Not withstanding anything to the contrary herein contained and without prejudice to any other rights that the Bank may have, the Bank shall have the right (but shall not be obliged) to at any time and without prior notice debit the PL Account and/ or any or all of the Customer’s accounts (whether current account, savings account, deposit account, security deposit account, numbered account or otherwise) with the Bank whether in Singapore or elsewhere (and whether before or after judgment) for all accrued interest, fees, charges, costs and expenses including but not limited to charges, costs, and expenses referred to in Clause 8 and Clause 9 together with goods and services tax thereon and other levies or taxes by whatever name called now or hereafter imposed by law, if applicable, and all other monies whatsoever and howsoever due and payable under the PL Account, the PL Facility and/or these Terms and Conditions Governing PL Accounts, provided that such debiting shall not be deemed to be a payment for the amount due (except to the extent of the amount in credit in the PL Account) or a waiver of any rights, powers and authority that the Bank has under the PL Account, the PL Facility and/or these Terms and Conditions Governing PL Accounts.
10.2 If such debiting causes the Credit Limit to be exceeded, or if already exceeded, the Excess Sum to be increased, interest shall be payable accordingly, such interest shall be payable as well after as before judgment. All accumulated and capitalised interest, fees, costs, charges, levies, and disbursements whatsoever debited from the PL Account as aforesaid shall be deemed to be principal monies for the purpose of ascertaining whether the Credit Limit has been exceeded.
10.3 If the Customer’s account being debited is not expressed in the same currency as such sums as are due, owing or otherwise payable to the Bank under the PL Account, PL Facility and/or these Terms and Conditions Governing PL Accounts, the Bank shall be entitled to effect any necessary conversion in such manner as the Bank deems fit and at the Bank’s own rate of exchange then prevailing.
11. Joint and Several Liability
Where the PL Account is a joint account with 2 or more account holders the following shall be binding on each and every account holder:-
- all references to “the Customer” under these Terms and Conditions Governing PL Accounts shall refer to each and every one of the account holders individually or all of them collectively, as the context may require;
- all representations and warranties herein on the part of the Customer shall be deemed to be made by all of the account holders jointly and severally;
- all covenants, agreements, terms, conditions, provisions, restrictions or obligations shall be deemed to be made by and binding on and applicable to all account holders jointly and each of them severally and shall also be binding on and applicable to their respective personal representatives, successors-in-title and permitted assigns accordingly;
- the liabilities and obligations owing to the Bank by each account holder shall not be prejudiced or affected in any way by any dispute or counterclaim or right of set-off which any account holder may have against any one or more of the other account holders; each account holder shall be jointly and severally responsible and liable to the Bank for all monies owing and liabilities incurred to the Bank;
- the liability and obligation of each account holder to the Bank is separate and any invalidity, enforceability, discharge or waiver of the liability of any account holder shall not discharge nor in any way diminish the liability of the other account holders (or any one of them);
- all notices and communications sent or given by the Bank to any of the account holders shall be deemed to be sent or given to all the account holders;
- all instructions and requests made by any of the account holders or by any third party authorised by such account holder to operate the joint PL Account on his behalf shall be binding on all the account holders provided that if the Bank receives what it considers to be ambiguous or contradictory instructions or requests, the Bank shall be entitled in its absolute discretion to choose whether or not to act on them in full or in part or to require such instructions or requests to be confirmed or given by all the account holders; and
- the joint PL Account and the PL Facility may be terminated in accordance with Clause 15.1 herein.
12. Customer's Particulars
12.1 The Customer must promptly notify the Bank in writing of any change in his employment and/or office and residential addresses and contact numbers.
12.2 In the event the PL Facility is not utilised for a continuous period of six (6) months or if the whereabouts of the Customer is unknown to the Bank for a continuous period of six (6) months, the PL Facility may be terminated and the PL Account may be closed at the Bank’s sole discretion whereupon all monies owing to the Bank under the PL Account, the PL Facility and these Terms and Conditions Governing PL Accounts together with interest thereon shall immediately become due and payable to the Bank.
12.3 The Customer shall supply to the Bank immediately upon request, all statements, information, materials and explanations (except information of a proprietary nature) regarding the finances of the Customer as may be required by the Bank from time to time.
13. Representations and Warranties
13.1 The Customer warrants and represents that all information, declarations, representations and warranties made or given by him or as evidenced by any documents given to the Bank in connection with the PL Facility and all particulars indicated or caused to be indicated in any application form(s) relating thereto are and will continue to be true correct and accurate in all respects and will be complied with at all times.
13.2 The Customer confirms that the Bank is entitled to rely on the said information declarations representations and warranties in granting the PL Facility and that he shall immediately upon request furnish the Bank with all such documents, statements, information and explanation as may be required by the Bank from time to time regarding his affairs state or condition, financial or otherwise, that may affect the Bank’s decision in granting or in continuing to grant the PL Facility to him.
14. Release of Information
14.1 The Customer hereby consents to and authorises the Bank to at any time disclose any information relating to the Customer’s particulars, assets and financial affairs, the PL Facility and the PL Account, whether held alone, jointly or jointly with any other person(s), to such parties as the Bank may in its absolute discretion deem fit, including but not limited to the Bank’s branches, subsidiaries, associated companies and/or head office, solicitors or accountants acting for the Bank, insurers, any governmental agency or department or any relevant authority (whether in Singapore or elsewhere), any person pursuant to subpoena or other court process or to the extent required in connection with any litigation involving the Bank or the Customer, agents, contractors or any third party service providers and goods suppliers or such other persons that may have entered into contractual relations with the Customer or the Bank with regards to the PL Account and/or the PL Facility, any person as the Bank may consider necessary or appropriate in the protection or furtherance of the Bank’s interest or for the purpose of collecting or recovering any and all monies due to the Bank from the Customer, and any potential transferee or assignee of the Bank’s interest herein. The Customer agrees that where his written permission is required for any such disclosure, the Customer’s signing of the PL Facility application form shall constitute and be deemed to be sufficient written permission for such disclosure. The authorisations given herein shall survive the termination of this agreement.
14.2 In addition to the rights of the Bank under Clause 14.1 above, the Customer irrevocably and unconditionally consents for the Bank and any officer (as defined in the Banking Act, Chapter 19 of Singapore (the “Act”)) of the Bank to disclose any customer information (as defined in the Act) relating to the Customer or any other information whatsoever relating to the Customer as the Bank shall consider appropriate to any person to whom disclosure is permitted or required by any statutory provision or law or other person wherever situate for any purpose whatsoever and it is hereby agreed that the Bank and any officer of the Bank may disclose the foregoing information to the fullest extent permitted by the Act or any other statutory provision or law. The rights conferred on the Bank herein shall be in addition to and shall not be in anyway prejudiced or affected by any other agreement, expressed or implied, between the Customer and the Bank in relation to any information referred to herein nor shall any such other agreement be in any way prejudiced or affected by any provision herein.
15. Termination
15.1 The Customer may terminate the PL Account by:
- giving the Bank written notice of such termination;
- returning to the Bank all PL cheque books and unused PL cheques and all ATM cards issued solely in respect of the PL Account;
- ceasing to use the PL Facility; and
- paying all monies owing under the PL Account, the PL Facility and these Terms and Conditions Governing PL Facilities together with interest thereon. Unless and until the Bank has received all of the items mentioned in this Clause 15.1(a), (b) and (d), the Bank shall be entitled in its absolute discretion to honour or dishonour any PL cheque drawn by the Customer or to allow or refuse any transaction under the PL Facility and/or the PL Account.
15.2 For the avoidance of doubt, it is hereby declared that nothing contained in these Terms and Conditions Governing PL Accounts shall be deemed to impose on the Bank any obligation either at law or in equity to make or continue to make the PL Facility available to the Customer.
15.3 Notwithstanding anything to the contrary contained herein, the Bank may at any time at its absolute discretion cancel the PL Facility and terminate the PL Account without giving any reason therefor and without prior notice to the Customer and the Bank is out liable to the Customer for any losses or damages caused by or arising out of such cancellation and termination in any manner whatsoever. All monies owing under the PL Account, the PL Facility and these Terms and Conditions Governing PL Accounts together with interest thereon shall immediately become due and payable on demand
15.4 If the PL Account is terminated by the Bank, the Customer must forthwith return all PL cheque books, all unused PL cheques and all ATM cards issued solely in respect of the PL Account.
15.5 Upon the termination of the PL Account for any reason, the Bank may discharge its entire liability (if any) by mailing to the Customer or (where the terminated PL Account was a joint account) to any one of the account holders of the PL Account, a draft or cheque drawn in Singapore Dollars (which may be without recourse to the Bank as drawer) payable to the order of any one of the account holders of the PL Account as the Bank may in its absolute discretion select.
16. Bank's Decretion
16.1 Without prejudice to any of the Bank’s rights and remedies, the Bank reserves the right at all times in its absolute discretion and without prior notice or liability to the Customer, and without giving any reason therefor, refuse to honour any PL cheque or permit any transfer of funds or any other transaction on the PL Account irrespective of whether or not the Credit Limit would have been exceeded if the amount of such cheque or transaction were debited to the PL Account.
16.2 Notwithstanding and without prejudice to the other provisions in these Terms and Conditions Governing PL Accounts, the Bank reserves the right at all times in its absolute discretion and without prior notice or liability to the Customer, and without giving any reason therefor, refuse to re-issue, replace or renew the ATM cards issued in respect of the PL Account and/or the PL cheque book and/or to introduce, amend, vary, restrict, suspend, terminate or withdraw any or all of the benefits, services, facilities (including but not limited to the PL Facility) and privileges in respect of or in connection with the PL Account.
17. Exemption of and Exclusion from Liabilities
17.1 The Bank shall not be responsible for any losses or damages which the Customer or any other person(s) may suffer or incur on the account of any delay or refusal of the Bank to grant or to continue to grant the whole or part of the PL Facility to the Customer and shall not be obliged to give any reason for such delay or refusal.
17.2 Without prejudice to the foregoing, the Bank shall not in any event be responsible for or liable to the Customer for any losses or damages which the Customer may suffer in respect of transactions made under the PL Account including but not limited to losses and damages caused by or arising out of the dishonour of any PL cheques or non-availability of the PL Facility, whether by reason of any revision of the Credit Limit, failure to make prompt payment of the Minimum Payment Due or any other sums demanded by the Bank, suspension or termination of the PL Facility, changes to any of these Terms and Conditions Governing PL Accounts or any other exercise of the Bank’s rights under these Terms and Conditions Governing Accounts, at law or in equity.
18. Statement of Indebtedness
A statement or certificate signed by any officer of the Bank as to the monies and liabilities for the time being owing and remaining unpaid by the Customer under the PL Account the PL Facility and these Terms and Conditions Governing PL Accounts shall, in the absence of manifest error, be final conclusive and binding on the Customer for all purposes.
19. Right of Set Off
19.1 In addition to any remedies lien right of set-off or other rights which the Bank may have under these Terms and Conditions Governing PL Accounts, at law or in equity, the Bank shall be entitled (but shall not be obliged) at any time at its discretion and without notice to the Customer combine and/or consolidate all or any of the balances of the Customer’s account(s) with the Bank anywhere, whether in or outside Singapore, whether held alone jointly or jointly with any other person(s) and may set-off or transfer from time to time any sum or sums standing in one or more of such accounts (including deposits which have not yet matured or in respect of which the appropriate notice of termination had not been given, or otherwise), and or any other sums which at any time now or in the future be due and owing to the Customer which are in or howsoever come into the Bank’s hands, in or towards the satisfaction of any or all outstanding balances and other liabilities due from the Customer under the PL Account the PL Facility and these Terms and Conditions Governing PL Accounts whether such liabilities be actual or contingent primary unliquidated or joint and or several and whether expressed in a currency different from the currency of the PL Account or otherwise and the Bank is hereby authorised to effect any necessary conversion at the Bank’s own rate of exchange then prevailing.
19.2 The Bank’s rights under this Clause 19 shall not be affected in any way by the Customer’s death, insanity or other legal incapacity.
20. Indemnity
In addition and without prejudice to Clause 9.3, the Customer shall hold harmless and indemnify and keep the Bank indemnified from and against:
- all liabilities, losses, damages of any kind, costs, claims, charges and expenses whatsoever which the Bank may suffer or incur as a consequence of or in connection with the PL Account and/or these Terms and Conditions Governing PL Accounts, the actual or attempted enforcement, protection or preservation of the Bank’s rights and remedies against the Customer and/or any change in any law, regulation or directive affecting the PL Account, the PL Facility, the ATM card(s) and/or PL cheque book issued in respect of the PL Account and/ or these Terms and Conditions Governing PL Accounts; and
- all liabilities, losses, damages of any kind, costs, claims, charges and expenses which the Bank may suffer or incur as a consequence of the Bank’s grant of the PL Facility and all actions, suits, proceedings, claims, demands whatsoever made or preferred against the Bank in relation to or arising out of or in connection with the PL Account, the PL Facility and/or these Terms and Conditions Governing PL Accounts.
21. Insurance
21.1 The Bank shall, at its sole discretion without obligation thereto and subject to such terms and conditions as it may deem fit from time to time, arrange for insurance cover for the Customer against his death or total and permanent disablement up to an amount which equals the total outstandings due under the PL Account including any accrued interest owed to the Bank or up to the Credit Limit, whichever is the lower. Subject to the aforesaid terms and conditions, the insurance cover is intended for and will be used to pay all the monies owing under the PL Account in the event of death or total and permanent disablement of the Customer.
21.2 Notwithstanding the insurance cover, the Customer shall at all times remain fully liable to the Bank for the full indebtedness due under the PL Account, the PL Facility and these Terms and Conditions Governing PL Accounts and all outstanding balance thereof including but not limited to such event(s) where the insurance cover shall be insufficient to pay and satisfy all the monies owing in respect of the PL Account, the PL Facility and these Terms and Conditions Governing PL Accounts or otherwise rendered irrevocable for any reason whatsoever.
22. Goods and Service Tax
In the event that any goods and services taxes or any other taxes levies or charges whatsoever are now or hereafter required by law to be paid on or in respect of any sums payable by the Customer or any other matters whatsoever under or relating to the PL Facility, the same shall (except to the extent prohibited by law) be borne by the Customer and the Customer shall indemnify the Bank (to such extent as shall not be prohibited by law) against such goods and services tax or other taxes, levies or charges whatsoever and shall from time to time on demand pay to the Bank the amount certified by the Bank to be necessary to indemnify the Bank.
23. Other Terms and Conditions
23.1 The Customer agrees to be bound by and to at all times abide by the Terms and Conditions for 24-Hour Banking, the Bank’s Terms and Conditions Governing the Operation of Current Accounts and where applicable, terms and conditions governing the use of the Bank’s Internet Banking Services and/or such other services made available by the Bank from time to time. The Customer acknowledges that such terms and conditions may be amended by the Bank from time to time and the latest versions thereof are available for the Customer’s reference at any of the Bank’s branches.
23.2 In the event of any inconsistency between the Terms and Conditions for 24-Hour Banking, the Bank’s Terms and Conditions Governing the Operation of Current Accounts and where applicable, terms and conditions governing the use of the Bank’s Internet Banking Services and/or such other services made available by the Bank from time to time and those contained in these Terms and Conditions Governing PL Accounts, these Terms and Conditions Governing PL Accounts (as may be revised amended superceded modified and/or supplemented from time to time) shall prevail.
24. Variation of Terms
24.1 The Bank reserves the right to add, to delete, vary, alter, replace or otherwise supplement any of these Terms and Conditions Governing PL Accounts at any time and from time to time at its absolute discretion and the Bank will notify the Customer of such changes by such method of notification as may be designated by the Bank. Any addition, deletion, variation, alteration, replacement or supplement to these Terms and Conditions Governing PL Accounts shall be deemed to form part of these Terms and Conditions Governing PL Accounts and shall take effect and become binding on the Customer from such effective date as may be determined or otherwise stipulated by the Bank at its absolute discretion.
24.2 If the Customer is not agreeable to such variations, the Customer must terminate the PL Facility by written notice to the Bank before the said effective date and all sums owing and remaining unpaid by the Customer in respect of the PL Account, the PL Facility and these Terms and Conditions Governing PL Accounts together with interest thereon shall forthwith be paid to the Bank in full. If the Customer continues to use the PL Facility and/or does not terminate the PL Account, the Customer shall be deemed to have agreed to the variation of terms and the Customer shall be bound thereby accordingly.
25. Communications
25.1 All Statements of Account, notices, demands or other communication from the Bank may be sent by facsimile, email or ordinary prepaid post or delivered personally to the last known address of the Customer and shall be deemed to have been delivered (a) if sent by facsimile on the same day or, (b) if sent by email to the Customer’s email address notified to the Bank, on the date and time of transmission by the mail server operated by the Bank and/or its service provider unless the Bank receives a non-delivery or “returned mail” reply message or any error message indicating that the email was not successfully sent to the Customer’s mailbox or the mail server operated by the Customer or the Customer’s service provider within one (1) day from the date of transmission of the email from the mail server operated by the Bank or its service provider, or (c) if delivered by prepaid ordinary post on the next business day after posting if to a street address in Singapore or five (5) days after being sent by airmail to another country or, (d) in any case, when left at the street address required as aforesaid notwithstanding that it is not received by the Customer or returned undelivered. Cards shall be deemed to have been delivered (a) if delivered by prepaid ordinary post on the next business day after posting if to a street address in Singapore or five (5) days after being sent by airmail to another country or, (b) in any case, when left at the last known street address of the Customer.
25.2 Any court document or other legal process or any other document requiring personal service on the Customer, may be sent by prepaid or ordinary mail or delivered personally by leaving it at the last known street address of the Customer, and shall be deemed to have been delivered on the day of delivery, if delivered personally by hand by leaving at such address or the next business day after posting, if sent by post in Singapore or five (5) days after being sent by airmail to another country, notwithstanding that it is not received by the Customer or returned undelivered. However, nothing herein shall affect the Bank’s right to serve process in any other manner permitted by law.
25.3 Without prejudice to Clauses 25.1 and 25.2 above, any marketing or any other communication from the Bank may be sent to the Customer by short message service (SMS) to the Customer’s last known number on the Bank’s records. For the purposes of this clause, SMS shall include such other forms of electronic communication over such devices, media or channels as the Bank may from time to time determine. The Customer agrees that the Bank may also send the Customer by SMS to the Customer’s last known number on the Bank’s records, payment amount reminders including but not limited to the payment due dates, reminders on any missed payments, alerts on any suspected account activities or any other information as the Bank may in its sole and absolute discretion think fit to disclose through such means. The Customer further acknowledges, agrees and consents that information relating to the Customer may be disclosed, whether inadvertently or otherwise, to any third party, whether authorised or unauthorised, who may have, or may gain access in any way whatsoever to such SMS sent by the Bank to the Customer.
26. Customer's Instructions
26.1 The Bank is entitled to treat as valid and binding on the Customer and to act on any communication, request (including any request to open an PL Account) or instructions made or given either orally (whether in person or over the telephone) or by facsimile transmission, telex, cable, electronic mail or any other means of communication, purportedly given by the Customer or any person authorised by the Customer without being obliged to enquire as to the identity or authority of the persons) giving or purporting to give such instructions or the authenticity thereof, and regardless of the circumstances prevailing at the time of such instructions or the nature of the transactions, notwithstanding that such communication, request or instruction may not have been given by the Customer or with the Customer’s consent or authority and notwithstanding any error, misunderstanding, fraud, forgery or lack of clarity in the terms of such instructions including but not limited to instructions given or purported to be given by the Customer to the Bank pursuant to:
- the Customer’s use of the Bank’s Phonebanking services; and
- the Customer’s use of the Bank’s internet banking services (when the same is made available and accessible to customers).
26.2 The Bank may elect not to act upon the Customer’s instructions where it results in the total amount of orders exceeding the Credit Limit or the amount of facilities available to the Customer, but if the Bank does so, the Bank may elect which of such orders to execute in whole or in part.
26.3 If there is any ambiguity, inconsistency or conflict in the instructions the Bank receives from the Customer and/or the authorised signatories of the PL Account, the Bank may choose not to act upon them unless and until the ambiguity, inconsistency or conflict has been resolved to the Bank’s satisfaction or the Bank may choose to act, in the case of instructions from the authorised signatories of the PL Account only on the instructions of all such authorised signatories notwithstanding that my relevant mandate or instructions require otherwise.
27. Indulgence not Waiver, Rights Cumulative
27.1 No relaxation, forbearance, delay or indulgence by the Bank in enforcing any of the stipulations, terms and conditions of the PL Account, the PL Facility and these Terms and Conditions Governing PL Accounts nor the granting of my time by the Bank to the Customer shall prejudice affect impair or restrict any of the Bank’s rights and powers under the PL Account, the PL Facility and these Terms and Conditions Governing PL Accounts, at law or in equity, nor shall any waiver of any breach hereunder operate as a waiver of any subsequent breach.
27.2 The rights, powers and remedies of the Bank under these Terms and Conditions Governing PL Accounts and howsoever arising from the grant of the PL Facility are cumulative and my be exercised as often as the Bank considers appropriate and are in addition to any other rights, powers and remedies which the Bank has or may have under the general law. The Customer exempts the Bank from all liability of whatever nature which arise by reason of any bona fide exercise by the Bank of any rights, remedies and powers available to it (whether hereunder or otherwise) in the event that any such exercise is considered, found or adjudged to be wrongful or unjustified.
27.3 The Bank’s rights are not capable of being waived except by an express waiver in writing.
28. Severability
If any one or more of the provisions contained in these Terms and Conditions Governing PL Accounts is or becomes invalid, illegal or unenforceable in my respect, the validity, legality and enforceability of the remaining provisions contained in these Terms and Conditions Governing PL Accounts shall not in my way be prejudiced, affected or impaired thereby and these Terms and Conditions Governing PL Accounts shall be construed as if such invalid illegal or unenforceable provision or part thereof had never been contained herein.
29. Assignment of Rights
The Bank may at any time without the Customer’s consent assign and transfer any or all of its rights and/or obligations hereunder to such person or persons as it shall in its absolute discretion think fit, and may, for this purpose, disclose to a potential assignee or transferee such information about the Customer as may be available to the Bank. Any such assignee or transferee shall be entitled to the full benefit of such rights and/ or obligations as if it were the Bank in respect of the rights and obligations assigned or transferred to it. The Customer may not assign any of his rights hereunder without the Bank’s prior written consent.
30. Governing Law
These Terms and Conditions Governing PL Accounts shall be governed by and construed in accordance with the laws of Singapore and the Customer shall submit to the non-exclusive jurisdiction of the courts of Singapore. Nothing in this Clause shall limit the right of the Bank to bring or commence my proceedings against the Customer in my other court of competent jurisdiction.
31. Miscellaneous
31.1 For the avoidance of doubt, it is expressly agreed by the Customer that all the terms and conditions contained herein shall continue to be in full force and effect notwithstanding the termination of the PL Account.
31.2 All data, documents and records in connection with the PL Account and the PL Facility may be stored in any manner as the Bank may deem fit in its absolute discretion (including storage by way of computer and/or microfilm) and the Bank’s records relating to the PL Account and the PL Facility shall be conclusive and binding on the Customer for all purposes whatsoever.
32. Contracts (Rights of Third Parties) Act 2001
Nothing in these Terms and Conditions governing PL Accounts shall confer on any third party a right to enforce any provision herein and the provisions of the Contracts (Rights of Third Parties) Act 2001 which might otherwise be interpreted to confer such rights shall not apply and are expressly excluded from applying herein.
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Postline Flexible Repayment Plan Terms & Conditions
The Customer applying for the PostLine Flexible Repayment Plan facility (“Flexible Repayment Plan”) linked to the Customer’s PostLine (“PL”) Facility, agrees to abide by these terms and conditions:
- References here shall have the same meaning as in the Terms and Conditions Governing PL Accounts (“PL Terms & Conditions”) which shall continue to apply to the operation of Customer’s PL Account.
- Participation in the Flexible Repayment Plan is subject to the following:
- The Customer must maintain a PL Account in order to be eligible for or to apply for the Flexible Repayment Plan.
- The Flexible Repayment Plan is applicable for transfers in Singapore dollars to the Customer’s bank account held with other banks or financial institutions in Singapore.
- The approved amount shall be in multiples of S$1,000 and must not be less than the minimum amount determined by the Bank from time to time (“Approved Amount”).
- The Approved Amount shall not exceed 90% of the available Credit Limit on the Customer’s PL Account at the time of application.
- The Credit Limit on the Customer’s PL Account (excluding any temporary Credit Limit increase) must be sufficient to block out the Approved Amount, interest amount and processing fee
- Only one Flexible Repayment Plan can be in effect at any point in time.
- The Approved Amount cannot be transferred into any ANZ Account.
- The Customer must not be in breach of the PL Terms & Conditions.
- Each application for a Flexible Repayment Plan (“Application”) is subject to the Bank’s approval which it may in its discretion deny without the giving of any reason.
- Upon approval of an Application:
- The Flexible Repayment Plan will form part of the PL Facility and be subject to these terms as well as the PL Terms & Conditions.
- The interest amount for the Flexible Repayment Plan, at such rate as may be determined by the Bank, will be calculated based on a frontend add-on method on the Approved Amount.
- The Customer shall pay the Approved Amount and interest amount over such tenure and in such amounts as the Bank may from time to time determine and approve (“Instalments”).
- A processing fee of such amount or at such rate as determined by the Bank shall be debited to the Customer’s PL Account in full together with the first Instalment and shall not be refundable in any event.
- The Customer’s available Credit Limit will be reduced by blocking out an amount equivalent to the Approved Amount and processing fee, but will be progressively restored by the amount of each Instalment as each monthly Instalment is paid and received by the Bank.
- The tenure of the Flexible Repayment Plan cannot be changed and shall commence on the date of the disbursement of the Approved Amount or such other date as we may specify in our absolute discretion.
- For any particular month during the tenure of the Flexible Repayment Plan, the Customer can choose to pay the Minimum Payment Due in respect of the total PL account outstanding instead of the Instalment amount. If the Customer chooses this option, the prevailing PostLine interest rate shall apply to the amount of the Instalment in excess of this Minimum Payment Due. Subsequent monthly Instalment amounts will not be affected and will continue to be debited accordingly.
- Each Instalment shall be charged to the PL Account and will be treated in the same way as any other debit transaction from the Customer’s PL Account. The Instalments payable will be reflected in the Customer’s Statement of Account and shall be payable in accordance with these terms and the PL Terms & Conditions. In particular, interest and late charges will be levied on any overdue Instalment as well as other overdue amounts in the PL Account in accordance with the PL Terms & Conditions.
- The Bank may at its discretion impose a non-refundable early redemption fee of such amount as it may determine if the Flexible Repayment Plan is terminated (whether arising from the termination of the Customer’s PL Account or otherwise) or if the Customer makes early prepayment of any amount under the Flexible Repayment Plan. All unpaid Instalments will then be debited to the Customer’s PL Account and become immediately due and payable. Such early redemption fee will be payable regardless of subsequent revocation of any repayment or the Customer’s failure to make full repayment.
- All unpaid Instalments and all other interest, fees and monies payable in relation to the Flexible Repayment Plan will also become immediately due and payable by the Customer on demand upon the occurrence of any of the following events of default:
- The Customer does not pay any Instalment or any monies payable relating to the Flexible Repayment Plan, when due;
- The Customer is in breach of any of these terms or the PL Terms & Conditions;
- Any present or future indebtedness of the Customer to any party becomes due and payable prior to its stated maturity otherwise than at the Customer’s option or any such indebtedness is unpaid when due;
- A receiver is appointed over, or distress or execution or writ of seizure and sale or attachment is levied upon or issued against any of the Customer’s property or assets;
- The Customer is adjudicated a bankrupt or a bankruptcy petition is presented against the Customer;
- The Customer enters into any arrangement or composition for the benefit of creditors or has any petition filed or notice issued or any step taken for making of a receiving or adjudication order against the Customer;
- The Customer passes away or becomes of unsound mind;
- The Customer has, in the Bank’s opinion, made any material statement which was false or misleading, or suppressed any material fact in or in connection with the application for the Flexible Repayment Plan; or
- Any event occurs or circumstances arise which gives us reasonable grounds for believing that the Customer may be unable to perform or comply with any one or more of the Customer’s obligations under these terms or under the PL Terms & Conditions.
- The Bank reserves the right and discretion to determine and vary the Instalment amount, processing and early redemption fee, tenure and all other payment details and terms of the Customer’s Flexible Repayment Plan from time to time and without prior notice. Notwithstanding the preceding sentence, the Customer agrees to be bound by such payment details then prevailing at the time of the Customer’s Application.
- The Bank is entitled in its discretion to amend, vary or modify these terms at any time without notice and such changes shall be binding on the Customer with effect from such date as the Bank may determine.
- The prevailing payment details and terms and any other conditions the Bank may impose from time to time will be set out in the Bank’s marketing materials, collateral and/or website and the Bank’s decision on all matters relating to the Flexible Repayment Plan shall be conclusive and binding.
- These terms shall be governed by the laws of Singapore and the Customer hereby submits to the non-exclusive jurisdiction of the courts of Singapore. A person who is not a party to these terms shall have no right under the Contract (Rights of Third Parties) Act (Cap. 53B) to enforce any of these terms.
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Mandate
To: Australia and New Zealand Banking Group Limited
- I/We, hereby request and authorise Austalia and New Zealand Banking Group Limited (“the Bank”) to open an account/accounts and at any time subsequently to open such further account or accounts in my/our joint name(s) of whatever nature as I/we direct (“the Accounts)”) in my/our joint name(s) in accordance with and subject to the Bank’s Terms and Conditions as amended from time to time by the Bank, the rules and regulations of the Monetary Authority of Singapore and all relevant laws of Singapore.
- The Bank is hereby authorised and instructed:
- to accept any monies deposited with the Bank in the Account(s) at any time or times kept or to be kept in my/our joint name(s) and to repay the monies now or hereafter to be deposited with the Bank on any such Account(s) together with interest thereon in accordance with the instructions signed by me/both/either of us;
- to honour all cheques, drafts, bills of exchange or other orders drawn or signed or bills of exchange or drafts accepted or promissory notes made or receipts for monies signed or all negotiable instruments signed, endorsed or negotiated by me/both/either of us and to debit to the Account(s) with the Bank such cheques, drafts, bills of exchange, orders, promissory notes, receipts and negotiable instruments whether such Account(s) may be for the time being in credit or overdrawn or may become overdrawn in consequence of such debit and it is understood that in the absence of any special arrangement the Bank is not bound to honour any cheques, bills of exchange, orders, promissory notes, receipts and negotiable instruments if the Account(s) is/are not sufficiently in credit to meet it; and
- to accept and act on any application or request for the issue of any letter of credit, guarantee, indemnity or counter-indemnity and to act on any instructions with regard to any other transactions of any kind or with regard to any such Account(s); and to act on any instructions with regard to the purchase or sale of other dealings in securities or documents or any foreign currency and/or in relation to any exchange transactions, in every case whether the Account(s) is or are in credit or debit or may be in consequence become overdrawn or otherwise (but without prejudice to the Bank’s right to refuse to allow any overdraft or increase of overdraft beyond any specified limit from time to time).
- Either/Both of us may in addition operate the Account(s) as follows:
- to withdraw and deal with any securities or property or documents of title thereto which may be deposited with the Bank from time to time, whether by way of security or otherwise;
- to arrange with the Bank for advances or other accommodation by way of discount, loan, overdraft, guarantee or otherwise and to arrange with the Bank for any banking or credit facilities from time to time as required, and to sign any forms of deposit and withdrawal, and Letters of Trust and Hypothecation relating to any security or property or documents of title or other accommodation and any obligations, undertakings, instructions, indemnities and counter indemnities and any other documents which may be required by the Bank in connection with the Account(s); and
- to order, instruct or request the Bank to make or effect mail, telegraphic or electronic transfers, payments, debits or credits and the Bank is instructed to make or effect such mail telegraphic or electronic transfers, payments, debits and credits at the request of or on instructions or communications given by either/both of us.
- I/We hereby confirm and agree that all credit balances and all demands relating to the Account(s) shall only be payable at the Singapore Branch of the Bank and no other branch, subsidiary or affiliate of the Bank shall be responsible therefor.
- I/We hereby agree that I/we shall be jointly and severally responsible and liable to the Bank for all monies owing and liabilities incurred to the Bank by me/us or any of us.
- I/We hereby agree that:
- where instructions require a single signature, then:
- in the event of the death, bankruptcy or liquidation of either/ any of us, the other depositor(s) shall be entitled to withdraw the deposit notwithstanding the death, bankruptcy or liquidation;
- each of us shall be independently entitled to appoint an attorneys) to operate such account on our behalf;
- each of us shall be entitled to close the account at any time and to withdraw the deposit; and
- each of us be entitled to mortgage, pledge or otherwise encumber our rights under this account, and the Bank shall be fully discharged from all liabilities to us whatsoever by making payment or acting in accordance with the aforesaid instructions;
- where instructions require joint signatures, then
- in the event of the death, bankruptcy or liquidation of any/ either of us, the deposit shall only be withdrawn by the signatures of the personal representative/trustee in bankruptcy or liquidator and that of tire other depositor(s); and
- each of us shall be entitled to appoint an attorney to operate such account on our behalf, but any such appointment shall require the signature of both/all of us. Provided that nothing herein shall prejudice any right the Bank may have in respect of such balance or thing arising out of any lien, charge, set off, counterclaim or otherwise whatsoever or to any step which the Bank may deem desirable to take in view of any claim by any person other than the survivor(s).
- where instructions require a single signature, then:
- This Mandate shall be governed by, and construed in accordance with, the laws of Singapore. I/We hereby jointly and severally submit to the non-exclusive jurisdiction of the Singapore courts but this Mandate may be enforced in the courts of any jurisdiction.
- For all matters concerning the Account(s) opened in accordance herewith, the Bank is hereby authorised and empowered to act in reliance upon and in conformity with any written instructions the Bank shall receive bearing the signature(s) of me/both/either of us. The authority given under this Mandate to the Bank shall remain in full force and effect until revocation in writing of the same is received by the Bank. The Bank shall be indemnified and saved harmless from any loss suffered or liability incurred by it in continuing to act in pursuance of this Mandate.
- In the absence of contrary written instructions, the conditions set out herein (including, but not limited to, (hose set out in the Mandate) shall apply to each and every Account, of whatever nature, now or hereafter opened by the Bank in my name/our joint names.
- Interest as may be determined by the Bank will he levied on all accounts which are allowed to become overdrawn.
- I/We have been supplied with a copy of the Bank’s Terms and Conditions and I/we confirm and agree to abide thereby. In the event of any discrepancy between the Mandate and the Bank’s Terms and Conditions, the express terms of this Mandate shall prevail.
- Where I/we have requested for Phone Banking Services and ATM Services:
- I/we hereby confirm that we have been supplied with a copy of the Bank’s Terms and Conditions for 24-Hour Banking and I/we agree to abide and be bound by them and any amendment, alteration and addition thereto as may from time to time be made. In the event of any discrepancy between this Mandate and the Bank’s Terms and Conditions for 24-Hour Banking, the express terms of this Mandate shall prevail;
- I/we agree that the sole risk of the mailer(s) containing the Customer Identification Number or Phone Banking PIN and/or ATM Card PIN not being received by me/us and/or revealed to unauthorised person(s) lies with me/us and we will not hold the Bank responsible or liable therefore.
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24-Hour Banking Terms & Conditions
The Customer agrees that the issuance of an ATM Card and the provision of 24-Hour Banking services by Austalia and New Zealand Banking Group Limited (the “Bank”) are subject to the following terms and conditions.
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General Definitions and Interpretation
- General Definitions
In these Teams and Conditions the following items have the meanings indicated unless the context otherwise requires:- “Account” means all accounts of whatever nature and in whatever currencies from time to time opened in the name of the Customer at the Bank including an account opened in the name of the Customer at the Bank in respect of loans, advances or other credit facilities or financial accommodation granted or made available by the Bank to tire Customer.
- “Applicable Transaction Limit” means the monetary limit applicable to a 24-Hour Banking Service transaction as set out in the Customer’s application for such service.
- “ATM” means automatic teller machine whether located in Singapore or elsewhere.
- “Customer” means the customer who has signed and submitted the relevant application. “Customer Identification
- Number” means the customer identification number for the time being assigned to the Customer for the purposes of a Phone Banking Transaction.
- “Deposit” means a deposit of whatever nature in the name of the Customer placed with the Bank.
- “24-Hour Banking Service” includes but is not limited to, the services provided by the Bank for the use of an ANZ ATM Card at any ATM or any counter of any branch of the Bank, or of any other bank, in Singapore or elsewhere, for Phone Banking Transaction and any other electronic services or electronic facilities including any card and any electronic computerised or telecommunication devices or modes of operating accounts in Singapore or elsewhere each individually or collectively and a reference to the aforesaid services shall be a reference to such services severally and also the relevant service where the context requires.
- “Person” includes an individual, a company and an unincorporated body of persons. “PIN” means the personal identification number for the time being assigned to the Customer for the relevant service.
- “Relevant Account” means an Account in respect of which a service is made available by the Bank to the Customer at its discretion from time to time.
- “Rules” means the rules and regulations of the Bank for the time being in force in respect of a particular type of Account or Deposit.
- “Terms and Conditions” means these terms and conditions pertaining to 24-Hour Banking Service unless otherwise indicated.
- Interpretation
Unless the context otherwise requires, words importing the singular include the plural and vice versa and words importing a gender include every gender. Unless otherwise stated, references to Clauses mean the clauses of these Terms and Conditions. Clause headings are inserted for convenience of reference only and shall be ignored in the interpretation hereof. Whenever the word “including” is used, it is deemed to be followed by the words`without limitation”.
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General Terms & Conditions
- Scope of Services - Limits on Amounts: The Bank shall determine the services that may be effected through the use of 24-Hour Banking Service and the applicable transaction limits thereof and shall have absolute discretion to add to or alter such services or the Applicable Transaction Limit from time to time without prior notice to the Customer. The Customer agrees not to effect any transaction in excess of the prevailing limits established from time to time Information regarding the current scope of services and prevailing limits is available at any branch of the Bank or upon request.
- Fees and Charges - The Customer agrees to pay all fees and charges of the Bank for the use of, or services provided in connection with the 24 Hour Banking Service, including all initial set-up fees, periodic fees, transaction fees and handling charges. The fees and charges shall be at such rates as are published by the Bank from time to time in its product brochures and/or current list of bank charges which are available at any branch of the Bank or upon request. The Bank shall have the right to change the fees and charges or impose new or additional fees and charges from time to time at its discretion. Any revision of the fees and charges, once published by the Bank shall be binding on the Customer without further notice. The Customer authorises the Bank to debit from any of the Customer’s Accounts the amount of all fees and charges.
- PIN/Customer Identification Number
- The Customer acknowledges that he authorises the use of a service or card by anyone to whom the Customer gives the relevant PIN and/or Customer Identification Number. The Customer agrees that the Bank will act on any instruction that is initiated by anyone using the correct PIN and/or Customer Identification Number (and card where relevant). The Bank shall have no duty to verify the identity or authority of the person giving an instruction to the Bank provided that the correct PIN and/or Customer Identification Number is used or quoted.
- The Customer shall keep any PIN and/or Customer Identification Number assigned to him in secrecy and shall be fully responsible for any accidental or unintentional disclosure thereof to any third person. The Customer acknowledges that there are risks of the PIN and/or Customer Identification Number being abused by unauthorised persons or for unauthorised purposes and agrees to bear such risks absolutely. The Customer shall notify the Bank immediately upon notice or suspicion of the PIN and/or Customer Identification Number being disclosed to any unauthorised person or any unauthorised instruction given or transaction effected with the correct PIN and/or Customer Identification Number and the Bank shall have no liability whatsoever to the Customer uf such instruction was unauthorised or given by any unauthorised person.
- A PIN and/or Customer Identification Number shall remain effective until (1) the Bank’s confirmation of receipt and acceptance of any change or cancellation of the PIN and/or Customer Identification Number by the Customer or (2) the Bank’s cancellation of the PIN and/ or Customer Identification Number.
- Sufficiency of Funds - The Customer shall ensure that there are sufficient funds in the Relevant Account for the purpose of giving instructions to the Bank or withdrawing or transferring funds whether by use of the 24 Hour Banking Service or otherwise. An instruction or request for withdrawal or transfer normally will not be acted on if there are insufficient funds or pre-arranged credit available in the Relevant Account. The Bank shall not be liable for any consequences arising out of the Bank’s failure to carry out any instructions or requests due to insufficiency of funds in the Relevant Account. If a withdrawal or transfer is made without sufficient funds in the Relevant Account the Customer shall repay to the Bank immediately on demand such amount overdrawn or over transferred together with handling charges and interest thereon at the rate chargeable by the Bank from time to time on overdraft accounts with the Bank.
- Recording and Records - The Bank is authorised, in its discretion, to record electronically all telephone calls between the Bank and the Customer or any person acting on the customer’s behalf, and to keep those recordings as long as the Bank considers necessary. The Customer assumes the duty of obtaining any required consents from the Customer’s representatives for such recordings. If the Bank’s records, including any written, computer or taped records, conflict with the Customer’s records, the Bank’s records will prevail.
- Disclosure of Information- The Customer hereby expressly authorises the Bank to disclose such information concerning the Account(s) of the Customer and the Customer’s ANZ ATM Card as the Bank may deem necessary or appropriate, including any information arising out of or in connection with the use of the 24-Hour Banking Service in Singapore or overseas in any other-countries to:
- any other branches, subsidiaries or associated or related companies of the Bank wherever located;
- all government agencies and authorities in Singapore or elsewhere where the disclosure is required by law;
- any agents or contractors which have agreed to perform work for or provide services to Bank;
- any person who provides or maintains any part of the system or equipment relevant to provision of any service to the Customer; and
- any other person at any time:
- which the Bank in good faith considers to be appropriate for the purpose or in the interest of the Bank; or
- in connection with the use or maintenance of any Account including any ANZ ATM Card; or
- where such particulars of the Customer’s Account were inadvertently divulged, revealed or disclosed by such persons or entities through no wilful default of the Bank.
The Customer authorises the Bank to procure any information from any third party as the Bank may in good faith deem necessary including from any information processing entities in connection with the use of an ANZ ATM Card and authorises such disclosure by such third party of any information required by the Bank.
This authorisation shall survive the termination of this agreement.
- Suspension or Termination of Services - The Bank may at any time and without prior notice or cause suspend or terminate the 24-Hour Banking Service or any services provided in connection therewith and may cease to accept any instructions given by means of any such services, notwithstanding that the Bank may at the same time be accepting and executing similar instructions given by customers by other means. The Bank shall not be liable for any loss or damage suffered by the Customer as a result of or arising from any such suspension, termination or cessation of services. The Customer may cancel the 24-Hour Banking Service or any services provided in connection therewith at any time, provided that any cancellation shall only be effective after the Bank has a reasonable opportunity to act upon any cancellation request. Any cancellation shall not release the Bank or the Customer from any liability incurred prior to the effective date of the cancellation.
- Loss or Theft of Card - The Customer shall in all circumstances and at all times be responsible for all transactions involving the use of the ANZ ATM Card by any person whomsoever, whether or not authorised by the Customer. In the event of loss or theft of the ANZ ATM Card, the Customer shall immediately notify such loss or theft to the Bank in writing and shall be fully responsible for all transactions involving the use of such card by any person whomsoever whether or not authorised by the Customer prior to the Bank’s actual receipt of such written notice and a reasonable opportunity to take action in respect thereof. If any replacement card is issued, the Bank is entitled to charge a fee therefor.
- ATM Capture of Card - The Customer acknowledges and agrees that an ANZ ATM Card may be captured by an ATM and a transaction declined under certain circumstance, including if the card has been damaged or has expired, an incorrect PIN has been entered, or an alert exists on the Customer’s account as a result of the card being reported loss or stolen or as a result of equipment malfunctioning or power failure.
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ANZ ATM CARD Terms & Conditions
- Governing Terms and Conditions - The ANZ ATM Card is issued by the Bank to the Customer subject to the following ANZ ATM Card Terms and Conditions, the General and Miscellaneous Terms and Conditions set forth herein, the Rules governing the Relevant Accounts, and the applicable rules and regulations of the Association of Banks in Singapore and of the Networks. If there is any conflict between these ANZ ATM Card Terms and Conditions and the Rules, the former shall prevail.
- Ownership of Card - The ANZ ATM Card is the property of the Bank and the Customer shall return the ANZ ATM Card to the Bank immediately upon the Bank’s request irrespective of whether the Bank has given any prior notice or reason therefor. The Customer shall return the ANZ ATM Card to the Bank for cancellation if the Customer no longer requires the ATM facilities or if the Customer closes the Relevant Account with the Bank or if the ANZ ATM Card shall be withdrawn by the Bank for any reason whatsoever.
- Joint Accounts - For joint accounts that may be operated on the signature of any one of the account holders, a separate ANZ ATM Card and PIN will be issued to each account holder. However, each and every one of the Customers shall be jointly and severally responsible for all transactions involving the use of the ANZ ATM Card so issued and the Terms and Conditions herein shall be binding on each and every one of the Customers. In the case of joint accounts requiring the signatures of two or more account holders, such account holders will not be eligible for the issuance of an ANZ ATM Card subject to a limited function, excluding withdrawal and transfer from that account.
- Debiting Account - The Customer irrevocably authorises the Bank to directly debit from the Relevant Account the amount of any withdrawal, transfer or transaction involving the use of the ANZ ATM Card, including any transaction at an ATM or any purchase of goods or services at a point-of-sale terminal, whether or not made with the Customer’s knowledge or authority.
- Deposits - Deposits made at the Bank’s ATM will be credited to the Customer’s account after verification by the Bank. Cheques passed to the Customer’s account are accepted for collection only and the proceeds will not be available until the cheques have been cleared.
Authority of Bank: The Bank reserves the right at all times in its discretion not to accept any instruction from the Customer given by means of the ANZ ATM Card or to terminate this agreement with the Customer by withdrawal of the ANZ ATM Card or the services thereby provided or by refusing to renew the ANZ ATM Card without giving any reason therefor and without any prior notice to the Customer. - Use of ANZ ATM Card - The ANZ ATM Card can be used on any ATM installed by or belonging to the Bank or any member bank of the Cirrus System networks or any other Electronic Fund Transfer system other than Cirrus or any devices or terminals for effecting payment or transfer of funds by electronic means (collectively, “Networks”) notified by the Bank to the Customer from time to time. The ANZ ATM Card shall only and exclusively be used by the Customer and is not transferable.
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Phone Banking Terms & Conditions
- Phone Banking Definitions- In these Terms and Conditions, the following terms have the meaning indicated unless the context otherwise requires: “Banking Day” means the operating hours of the Bank, Mondays to Saturdays, excluding Public Holidays.
- “Operating Hours” means, in respect of each type of Phone Banking Transaction, the time prescribed by the Bank from time to time during which on a Banking Day
Phone Banking Instructions may be given to and accepted by the Bank. - “Phone Banking Instruction” means an instruction from the Customer transmitted to the Bank by means of a telephone.
- “Phone Banking Transaction” means a transaction effected by the Bank pursuant to or as a result of a Phone Banking Instruction.
- “Operating Hours” means, in respect of each type of Phone Banking Transaction, the time prescribed by the Bank from time to time during which on a Banking Day
- Governing Terms and Conditions - All Phone Banking Instructions and Phone Banking Transactions are subject to and governed by these Phone Banking Services Terms and Conditions, the General and Miscellaneous “Terns and Conditions” set forth herein, the Rules governing the Relevant Accounts and the applicable rules and regulations of the Association of Banks in Singapore and of the Networks. If there is any conflict between these Phone Banking Terms and Conditions and the Rules, the former shall prevail.
- Phone Banking Instruction
- Phone Banking Instructions must be given by the Customer to the Bank by quoting the Customer’s PIN for Phone Banking, the Customer Identification Number and any other details required by the Bank to effect Phone Banking Transactions. All Phone Banking Instructions given to the Bank by quoting the Customer’s PIN and the Customer Identification Number and relied on or acted upon by the Bank shall be irrevocable and binding on the Customer whether or not such Phone Banking Instructions are given personally or authorised by the Customer.
- The Bank shall not be obliged to carry out every Phone Banking Instructions received and may refuse any Phone Banking Instruction without giving any reason thereof. The Bank will only carry out an Phone Banking Instruction in so far as (in the Bank’s sole and absolute discretion) is practicable or reasonable for the Bank to do so and in accordance with its regular business practice and procedure. Without limiting the generality of the foregoing, any Phone Banking Instruction received by the Bank outside the Operating Hours or on a day that is not a Banking Day will be considered to have been received by the Bank on the next Banking Day.
- Any Phone Banking Instruction or Phone Banking Transaction outside the scope of Phone Banking provided by the Bank from time to time will generally not be acted or effected by the Bank. However, if any Phone Banking instruction outside the scope specified herein is relied on or acted upon by the Bank, such PhoneBanking Instruction and all Phone Banking Transactions arising therefrom shall be binding on the Customer.
- In the absence of specific instructions from the Customer, the Bank will at its discretion credit the proceeds of an Phone Banking Transaction due to the Customer to any Account whether or not such Account is interest bearing.
- Writing Notification of Phone Banking Transactions - For each Phone Banking Transaction concluded, the Bank shall have no duty whatsoever to send any advice of any kind to the Customer unless specifically requested by the Customer and agreed to by the Bank. Upon receipt of an advice from the Bank, the Customer shall have a duty to examine the advice and notify the Bank in person or writing of any alleged error or irregularity therein. If the Bank does not receive any notice of alleged error or irregularity within five days after the date of the advice concerned, the Customer shall be deemed to have accepted the contents of the advice.
- Quotation of Exchange Rates, Loan Rates and Interest Rates - Any exchange rate, loan rate or interest rate quoted by the Bank in response to a Phone Banking Instruction is for reference only and shall not be binding on the Bank unless confirmed by the Bank for the purpose of a Phone Banking Transaction. Such confirmed exchange rate, loan rate or interest rate, if accepted by the Customer through Phone Banking shall be absolutely binding on the Customer notwithstanding that a different exchange rate, loan rate or interest rate might have been quoted by the Bank at the relevant time through other means of communication.
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Miscellaneous Terms & Conditions
- Liability Indemnification-
- The Bank shall have no responsibility whatsoever for any loss or damages suffered by the Customer as a result of or arising from (1) the Bank acting on any unauthorised instruction, provided only that the Bank acts in good faith; (2) the misunderstanding or misinterpretation of any instruction whether given by phone, electronic means or otherwise, provided only that the Bank acts in good faith; or (3) any failure of the Bank to perform any obligation or service or take any action where such failure is attributable directly or indirectly to any circumstance or event beyond the reasonable control of the Bank, including any equipment malfunctioning, power failure, interruption in transfer facilities, or refusal or delay by a third patty in taking any action.
- The Customer shall hold harmless and indemnify the Bank and any other person appointed by the Bank and its officers and employees against all liabilities, claims, costs and damages of any kind which may be incurred by any of them and all actions or proceedings which may be brought by or against them, in connection with the provision of the 24-hour Banking Services and/or the exercise of the powers and rights of the Bank under these Terms and Conditions, unless such liabilities, claims, actions or proceedings are caused solely by the gross negligence or wilful default of the Bank.
- No Consequential Damages - The Bank shall not be responsible for any consequential or indirect damage arising from or relating to the use of the 24-hour Banking Service.
- Enforcement and Collection Costs - The Customer shall pay all collection and other costs, including legal fees on a full indemnity basis, incurred by the Bank in connection with the enforcement of these Terms and Conditions.
- Notices - Any notice, demand or other communication to the Customer under these Terms and Conditions may be delivered by ordinary post to the address last notified in writing to the Bank by the Customer or by such other means as the Bank may consider appropriate. Any such notice shall be deemed to be served and delivered on the day of posting. All notices or announcements by the Bank in connection with any of the services or cards governed by these Terms and Conditions shall be deemed duly made and effective and binding on the Customer if the Bank shall have put or displayed notice thereof at the banking halls of the Bank’s branches.
- Currency Conversion - The conversion by the Bank of any sum into any currency pursuant to any provison shall be effected at the rate of exchange quoted by the Bank at the relevant time. The value of all ATM card transactions conducted outside Singapore expressed in a foreign currency will be converted into Singapore dollars or currency of account at such rate of exchange as may be determined by the Bank in its absolute discretion.
- Amendments - The Bank may add to vary, revoke or amend these Terms and Conditions and the Rules from time to time without prior notice to the Customer and such addition, variation, revocation and amendment shall be binding on the Customer upon notice or announcement made in accordance with the notice provisions hereof. The use of the relevant card or the provision of the relevant service shall at all times be subject to all the Terms and Conditions currently in force for the time being irrespective of-the Customer’s actual receipt of the Bank’s notices or knowledge thereof.
- Joint and Several Obligations- If more than one person signs or agrees to be bound by these Terms and Conditions -
- the obligations of such persons will be joint and several and, as the context may require, words herein denoting the singular only will be deemed to include the plural;
- any notice hereunder to any one such person will be deemed effective notification to all such persons;
- any one such person may terminate the relevant service or close the Relevant Account; and
- on the death of either of such persons, the Bank will hold any credit balance in the Account to the order of the survivor without prejudice however, to any right which the Bank may have arising out of any lien, mortgage, charge, pledge, set-off, counter-claim or otherwise whatsoever and subject to compliance with the provisions of the Estate Duty Act of Singapore, Chapter 96 (including statutory modifications and re-enactments thereof).
- No Waiver - No actor omission by the Bank pursuant of these Terms and Conditions shall affect its rights, powers and remedies hereunder or any further or other exercise of such rights or remedies.
- Assignment - No assignment of any rights or obligations of the Customer under these Terms and Conditions can be made without the prior written consent of the Bank.
- Severability - Each of the provisions of these Terms and Conditions is severable and distinct from the others and if one or more of such provisions is or becomes illegal, invalid or unenforceable, the remaining provisions shall not be affected in any way.
- Governing Law and Jurisdiction - These Terms and Conditions are governed by and shall be construed in accordance with Singapore law. The Customer submits to the non-exclusive jurisdiction of Singapore courts but these Terms and Conditions may be enforced in the courts of any competent jurisdiction.
- Contracts (Rights of Third Parties) Act 2001 - Nothing in these Terms and Conditions shall confer on any third party a right to enforce any provision herein and the provisions of the Contracts (Rights of Third Parties) Act 2001 which might otherwise be interpreted to confer such rights shall not apply and are expressly excluded from applying herein.







