The terms and conditions appearing herein below shall be applicable to Accounts in addition to the General Terms and Conditions for Account Operations and to Cards in addition to the terms and conditions contained in the Credit Card Terms and Conditions.
1. DEFINITIONS
For purposes of this section on e-Statements the following definitions shall be applicable:
"Account" means the Customer Account and Account as defined in the Bank's General Terms and Conditions for Account Operations and a Card Account as defined in the Bank's Credit Card Terms and Conditions.
"Account Holder" means an Account holder as defined in the Bank's General Terms and Conditions for Account Operations and a Cardholder as defined in the Bank's Credit Card Terms and Conditions.
"e-Statement" means Statement of Account sent by the Bank to the primary or first named Account Holder's email address provided by the primary or first named Account Holder to the Bank.
"Statement of Account" means the Statement of Account as defined in the Bank's General Terms and Conditions for Account Operations and a Statement of Account as defined in the Bank's Credit Card Terms and Conditions.
Capitalised terms used herein and not defined shall have the same meanings as given to them in the Bank's General Terms and Conditions for Account Operations and as defined in the Bank's Credit Card Terms and Conditions.
2. TERMS and CONDITIONS
a) The Bank may, in its sole discretion, send e-Statements to its primary or first named Account Holders provided such Account Holders have requested for this service and provided their email address to the Bank. Upon subscription to e-Statements, the Account Holder will receive all Statements of Accounts relating to the Account through email.
b) If a primary or first named Account Holder opts for receiving e-Statements, such primary or first named Account Holder shall be deemed to have accepted and agreed to be bound by these terms and conditions, as amended by the Bank from time to time.
c) If the primary or first named Account Holders subscribe to e-Statements then such primary or first named Account Holders will be deemed to have agreed to the discontinuation of receiving the Statement of Account in physical form. If the primary or first named Account Holders choose not to receive e-Statements, such primary or first named Account Holders should inform the Bank and the Bank shall thereafter cease to send e-Statements to such primary or first named Account Holders. It shall be the responsibility of the primary or first named Account Holder to notify the Bank of any changes in such primary or first named Account Holder' s email address. The Bank shall not be liable for non-receipt of the e-Statements due to incorrect email address provided by the primary or first named Account Holder.
d) The Bank shall be deemed to have delivered the e-Statement to the primary or first named Account Holder upon receipt by the primary or first named Account Holder of the email from the Bank containing such e-Statement.
e) The primary or first named Account Holder agrees to notify the Bank within twenty-four (24) hours of the receipt of the e-Statement if the primary or first named Account Holder is unable to access the e-Statement. Upon expiry of such period, the primary or first named Account Holder shall be deemed to have received and accessed the e-Statement.
f) The primary or first named Account Holder agrees to notify the Bank with regard to any discrepancy, omission, inaccuracy or wrong entry in the e-Statement within fourteen (14) days from either:
- The delivery of the e-Statement by the Bank to the primary or first named Account Holder; or
- if the primary or first named Account Holder is unable to access the e-Statement and notifies the Bank, upon the primary or first named Account Holder receiving and getting access to the e-Statement.
g) Subject to clause f) above, the primary or first named Account Holder shall be deemed to have received and accepted as true and correct all the entries in the e-Statement upon expiry of the time period prescribed in clause f).
h) The primary or first named Account Holder understands and agrees that it shall continue to be liable to the Bank with regard to its contractual obligations irrespective of the receipt or non-receipt of the e-Statement.
i) The primary or first named Account Holder releases and discharges the Bank, its shareholders, directors, employees, officers and representatives from and waives any right that accrues to the primary or first named Account Holder at law against the Bank, its shareholders, directors, employees, officers, representatives with regard to damages suffered by the Account Holder, directly or indirectly, as a result of generating, delivering managing and /or receiving the e-Statement.
j) The primary or first named Account Holder releases and discharges the Bank, its shareholders, directors, employees, officers representatives from and waives any right that accrues to the primary or first named Account Holder at law against the Bank, its shareholders, directors, employees, officers, representatives with regard to damages suffered by the Account Holder, directly or indirectly, as a result of errors, delays in transmission of the e-Statement or unauthorized alteration, usage, or manipulation of the data contained in the e-Statement or otherwise caused as a result of delivery of e-Statement.
k) In addition to the above, the primary or first named Account Holder acknowledges the risk that data received/delivered through the internet/email including any confidential information may be accessed/seen by third parties. The primary or first named Account Holder releases and discharges the Bank, its shareholders, directors, employees, officers, representatives from and waives any right that accrues to the primary or first named Account Holder at law against the Bank, its shareholders, directors, employees, officers, representatives with regard to damages suffered by the Account Holder, directly or indirectly, due to such unauthorized access by or disclosure of confidential information to third parties.
l) The primary or first named Account Holder unconditionally and irrevocably undertakes to indemnify and hold harmless the Bank, its shareholders, directors, employees, officers, representatives against all losses, costs, damages or expenses arising pursuant to Clauses i), j) and k) above.
m) The primary or first named Account Holder understands and agrees that the storage of information including without limitation, the password, the bank account information, transaction activity, the bank account balances and any other information stored on the primary or first named Account Holder's personal computer shall be stored at the primary or first named Account Holder's risk and liability and the Bank shall not be responsible for any unauthorized access by or disclosure of such information to third parties.
n) The Bank reserves the right to charge the primary or first named Account Holder a fee for providing the e-Statements.
o) The primary or first named Account Holder agrees that the Bank may in its sole discretion restrict or terminate the primary or first named Account Holder's use of this service.