Terms of Use

The Service (defined below), owned and operated by Bank of Singapore Limited (“BOS”), is provided to you, under the following terms and conditions of use (“Terms of Use”). By clicking the “Sign In” button, you are indicating your agreement to be bound by all terms and conditions of these Terms of Use. If you do not accept all the terms and conditions of these Terms of Use, do not click on the “Sign In” button. If you have not been authorised to use this service, do not click on the “Sign In” button.

If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; and (ii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Service.

 

1. DEFINITIONS

In these Terms of Use, unless the context otherwise requires, the following expressions shall have the following meanings:
1.1 “Password” refers to the password that meets BOS-prescribed criteria, if any, which you have chosen when signing up for the Service and any changes thereto in the manner prescribed by BOS.
1.2 “Personal Data” refers to any data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which BOS has or is likely to have access, including data in BOS’s records as may be updated from time to time. Examples of such Personal Data include the individual’s name, address, national registration identity card (“NRIC”) number or e-mail address.
1.3 “Secure Email” means any email (and attachment(s) thereto) sent or received via the Service.
1.4 “Service” means the email encryption service branded or known as HPE Secure Email, and the applications, content, services and/or functions made available thereunder by or on behalf of BOS from time to time.
1.5 “User” or “You” means such party who is signed up to the Service pursuant to Paragraph 2.1below.
1.6 “UserID” means the unique log-in identification name which identifies the User, being the email address used to access the Service.

2. LICENCE TO USE SERVICE

2.1 The Service is proprietary to BOS and must not be used other than strictly in accordance with the terms set out herein. If you agree to these Terms of Use by clicking the “Sign In” button, BOS grants to you a personal, limited, non-exclusive, non-transferable, non-sublicensable right to use the Service.
2.2 BOS reserves all rights not granted hereunder.
2.3 For the avoidance of doubt, BOS shall not at any time be obliged to provide any adaptations, enhancements and/or modifications to the Service, including without limitation any updates, patches, bug-fixes and/or upgrades to the Service or any new versions and/or releases of the Service which incorporate new features or functions.
2.4 You may not under any circumstances: (i) copy, sell, resell, assign, licence, distribute, transmit, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis, publish or otherwise reproduce the Service or any part thereof in any form by any means; and/or (ii) adapt, modify, decompile, disassemble, localise, port and/or reverse engineer the Service or any part thereof; and/or (iii) remove, obscure or destroy any copyright, trade secret, proprietary or confidential legends or marking of BOS placed upon or contained within the Service; and/or (iv) prepare or develop derivative works based on the Service; and/or (v) use the Service for any purpose other than those permitted under these Terms of Use. Any breach of the aforesaid restrictions shall result in immediate and automatic termination of all rights and licence granted hereunder. The use restrictions set out herein shall survive the termination of these Terms of Use.

3. GENERAL CONDITIONS FOR THE USE OF THE SERVICE

3.1 You must comply with BOS’s notices, guidelines and operating rules and policies pertaining to the use of the Service which BOS issues from time to time. These notices, guidelines and operating rules and policies will generally be notified to you via email to the email address used as your UserID.
3.2 You must also (i) abide by all applicable laws and regulations in your use of the Service; (ii) not impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) not send, distribute or upload, in any way, data or materials that contain viruses, malicious code or harmful components that may impair or damage the operation of another’s computer or device; and (iv) not post, promote or transmit through the Service any unlawful, harassing, libellous, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

4. RESERVATION OF RIGHT

4.1 BOS may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, the Service and shall not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing the Service or any part or feature thereof.
4.2 BOS reserves the right, but shall not be obliged to: (i) monitor, screen or otherwise control any activity or content; (ii) investigate any violation of the terms and conditions contained herein and take any action it deems appropriate; (iii) prevent or restrict access of any User to the Service; and/or (iv) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.
4.3 BOS reserves the right to suspend, terminate or disable your use of the Service at any time.

5. OTHER APPLICABLE TERMS/NEW SERVICES

5.1 In addition to these Terms of Use, the use of specific aspects of the Service or more comprehensive or updated versions of the Service may be subject to additional terms and conditions (“Additional Terms”), which will apply in full force and effect.
5.2 BOS reserves the right (but shall not be obliged) to introduce new products, applications, programmes, services, functions and/or features (collectively “New Services”) to the Service. The term “Service” shall include New Services which are provided through the Service respectively at no charge or fee unless otherwise indicated.
5.3 All New Services shall be governed by these Terms of Use and may be subject to Additional Terms which you shall be required to agree to before access to and use of such New Services are provided. In the event of any inconsistency between these Terms of Use and the Additional Terms, the Additional Terms shall prevail in so far as the inconsistency relates to the service, product and/or programme in question unless otherwise provided.

6. USERID AND PASSWORD

6.1 BOS may at any time in its absolute discretion forthwith invalidate your UserID and/or Password without assigning any reason therefor without prior notice and shall not be liable or responsible for any loss or damage suffered by or caused to you or arising out of or in connection with or by reason of such invalidation.
6.2 You shall not at any time disclose your Password and you shall be responsible and liable for any disclosure or use (whether such use is authorised or not) of your Password and/or any Secure Emails. BOS shall not be responsible or liable for any loss, damage or embarrassment incurred or suffered by you or any person by reason of or arising from or as a consequence of using your UserID and/or Password in respect of any instructions, operations or transactions effected by you or purported to be effected by you through the Service or using any of BOS’s services.
6.3 Any use of or access to the Service and any information, data, instructions or communications referable to your UserID and Password (whether such access, use or communication is authorised by you or not) shall be deemed to be (a) use or access of the Service by you and/or (b) information, data, instructions or communications transmitted and validly issued by you. You shall be bound by any access, use, instructions and/or communications carried out or transmitted through the Service which are referable to your UserID and Password and you agree that BOS shall be entitled (but not obliged) to act upon, rely on and/or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.
6.4 If you wish to deactivate your UserID and register for a new UserID with an alternate email address, you may do so by notifying BOS Representative and upon receiving such request BOS shall invalidate such UserID and corresponding Password and terminate your use of or access to the Service and may in its sole discretion send an email to your alternate email address to invite you to register for a new UserID, subject always to any notices, guidelines and operating rules and policies as BOS may prescribe from time to time.
6.5 In the event that the email address used as your UserID is no longer valid or usable, you shall notify BOS to invalidate such UserID and corresponding Password by email ID, and upon receiving such request BOS shall invalidate such UserID and corresponding Password and terminate your use of or access to the Service.

7. ON-LINE IDENTIFICATION

7.1 You acknowledge that the Service allows you to communicate with other Users through Secure Emails. BOS shall be entitled and authorised to represent, display or signify on or through the Service that all Secure Emails are from you by your UserID.
7.2 You acknowledge that other Users may act upon, rely on or regard Secure Emails as if they were carried out or transmitted by you. Whilst BOS uses reasonable efforts to ensure that access to and use of the Service will be given only where a User accesses the Service with a valid UserID and/or Password, user authentication on the Internet is generally difficult to establish and you hereby accept the risk that on-line activities may be subject to fraudulent or deceptive activity (including but not limited to Users and/or third parties acting under false pretence). BOS cannot and does not: (i) warrant and/or confirm each User's purported identity; and (ii) warrant that Users have complied, fully or otherwise, with the terms and conditions of the Terms of Use or any applicable Additional Terms; and consequently, BOS cannot be held liable where there is a dispute or claim involving or relating to the identity of any Users.

8. DISCLAIMERS

Content and services from various sources, including third party content providers, may be included or provided through the Service. Neither BOS nor any of its content providers shall be liable for any errors or delays in the Service or any part thereof, or for any actions taken in reliance thereon. BOS is under no obligation to monitor or review the content of any Secure Email through the Service, and assumes no responsibility or liability arising from any such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in any such content. Any hyperlink to any other website or webpage is not an endorsement or verification of such website or webpage and should only be accessed at your own risk.

9. NO WARRANTY

9.1 The Service is a service of Hewlett Packard Enterprise and is provided using software/technology proprietary to Hewlett Packard Enterprise. The Service is provided solely as a convenience to you. You confirm that you have checked on your own if the Service is suitable for your use and have exercised your own independent judgment in signing up to use the Service. The Service is provided “as is” and “as available”. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, IS GIVEN IN CONJUNCTION WITH THE SERVICE OR ANY INFORMATION AND MATERIALS PROVIDED THROUGH THE SERVICE. Without prejudice to the generality of the foregoing, BOS does not warrant: (i) the accuracy, timeliness, adequacy or completeness of the Service; (ii) that your use of and/or access to the Service, or the operation of the Service, will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that the Service will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; and (iv) that use of the Service by you will not infringe rights of third parties.
9.2 You acknowledge and agree that BOS does not warrant the security of any information transmitted by or to you using the Service and you hereby accept the risk that any information transmitted or received using the Service may be accessed by unauthorised third parties and/or disclosed by BOS and by its officers, employees or agents to third parties purporting to be you or purporting to act under your authority.
9.3 You will not hold BOS or any of its officers, employees or agents responsible or liable, in contract, tort (including negligence or breach of statutory duty), equity or otherwise, for any such access or disclosure or for any damages, losses, expenses or costs (whether direct or indirect, or whether foreseeable or not) suffered or incurred by you as a result of any such access or disclosure.

10. SECURE EMAILS

10.1 BOS neither endorses nor assumes any responsibility for the contents of your transmissions or communications, including Secure Emails, through the Service and you are solely responsible therefor. You warrant and represent that you have the right and authority to send your Secure Emails and that such Secure Emails and its contents do not infringe the intellectual property rights or any other rights of any third party.

11. DATA PRIVACY AND CONFIDENTIALITY

11.1 BOS’s data protection policy explains how BOS treats your Personal Data when you access and/or use the Service. By accessing and using the Service, you agree that BOS can collect, use and disclose any Personal Data you provide to BOS in accordance with BOS’s Data Protection Policy (which may be found at http://www.bankofsingapore.com/Data-Protection-Policy.html), as may be updated and/or amended by BOS from time to time.
11.2 In addition, you consent to BOS’s systems being programmed to gather certain anonymous data to help BOS understand how the Service is being used and how BOS can improve it. This automatically gathered data includes your computer’s IP or “Internet Protocol” address, statistics about how you access or use the Service, and information provided through the use of “cookies”.

12. INDEMNITY

12.1 You agree to indemnify, defend and hold harmless BOS and/or its affiliates from and against any and all losses, liabilities, settlement sums, costs (including, without limitation, legal costs), charges, expenses, actions, proceedings, claims and demands, whether foreseeable or not which may be sustained, instituted, made or alleged against, or suffered or incurred by BOS and/or its affiliates, and which arise (whether directly or indirectly) out of, in the course of or in connection with the disclosure of any information or content relating to the Service or the doing of all acts associated therewith, relating to the provision of evidence pursuant to any order, judgement or decree affecting BOS in respect of any demand, proceeding or action which you have initiated or which you are a party to, including all costs and expenses for the engagement or procurement of legal advice or representation by BOS.

13. EXCLUSION OF LIABILITY

13.1 BOS shall in no event nor for any reason whatsoever be liable, even if BOS has been advised of the possibility of such damages, losses or expenses, for any damages, loss or expense, including direct, indirect, special, or consequential damage, or economic loss, arising from or in connection with (i) any access, use or the inability to access or use the Service; (ii) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; (iii) any use of or access to any other website or webpage provided through the Service; (iv) any services, products, information, data, software or other material obtained or downloaded through the Service or from any other website or webpage provided through the Service or from any other party referred through the Service, or through the use of the Service, or (v) your use or misuse of the Service. In no event shall BOS be liable to you, or any other party for: (a) any amounts due from other users of the Service; and/or (b) damages arising in connection with the downloading or installation of, or the inability to download or install the Service, by you or other third party.

14. INTELLECTUAL PROPERTY

14.1 All copyright and other intellectual property and proprietary rights in the Service belong to BOS unless otherwise indicated. You may access the Service provided that you also retain all copyright and other proprietary notices contained on the materials. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Service are registered and unregistered Trademarks of BOS and where applicable, other third party proprietors identified on the Service. No right or licence is given to any party accessing and/or using the Service to download, reproduce or use any such Trademarks.

15. TERMINATION

15.1 BOS, in its sole discretion, may with immediate effect upon giving you notice in any of the manners prescribed in Clause 17 below, terminate your right to access and/or use the Service and/or invalidate your UserID and may bar access to the Service (or any part thereof) for any reason whatsoever, including without limitation, a breach of any of the terms and conditions of these Terms of Use.
15.2 You may terminate these Terms of Use by giving notice in writing to BOS.
15.3 Upon termination of these Terms of Use for any reason whatsoever, all rights and/or licences granted to you under these Terms of Use shall immediately cease and terminate and you shall forthwith cease the use of the Service in any way whatsoever.
15.4 Termination of this these Terms of Use for any reason shall not bring to an end your obligations under any provisions of these Terms of Use which are meant to survive the termination.

16. AMENDMENTS TO TERMS OF USE

16.1 BOS may impose such further terms and conditions and make such amendments to these Terms of Use as BOS may in its discretion deem fit from time to time. BOS will notify you of such amendments by sending an email to the email address used as your UserID or such other method of notification as may be designated by BOS, which you agree shall be sufficient notice for the purpose of this clause. If you do not agree to be bound by the amendments, you shall immediately cease all access and/or use of the Service. You further agree that if you continue to use and/or access the Service after being notified of such amendments to these Terms of Use, such use and/or access shall constitute an affirmative: (1) acknowledgement by you of these Terms of Use and its amendments; and (2) agreement by you to abide and be bound by these Terms of Use and its amendments.

17. NOTICES

17.1 Any notice or other communication in connection with these Terms of Use: (a) may be given personally, by post, facsimile or electronically if sent to the address or facsimile number then most recently notified by the recipient to the sender; (b) if given personally, will be deemed to have been received upon delivery; (c) by post, will be deemed to have been received on the second day following posting; (d) if given by facsimile, will be deemed to have been received upon production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient; and (e) (i) if given by BOS to you electronically, will be deemed to have been received upon delivery (and a delivery report received by BOS will be conclusive evidence of delivery even if the communication is not opened by you) and (ii) if given to BOS electronically, will be deemed to have been received upon being opened by us.

18. FORCE MAJEURE

18.1 BOS shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in the Service’s operation if due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (including acts of God, natural disasters, epidemics, acts of war or terrorism, acts of any government or authority, power failures, acts or defaults of any telecommunications network operator or carriers and the acts or a party for whom BOS is not responsible for).

19. GENERAL

19.1 You may not assign your rights under these Terms of Use without BOS’s prior written consent. BOS may assign its rights under these Terms of Use to any third party.
19.2 These Terms of Use will bind you and BOS and BOS’s respective successors in title and assigns. These Terms of Use will continue to bind you notwithstanding any change in BOS’s name or constitution or BOS’s merger, consolidation or amalgamation with or into any other entity (in which case these Terms of Use will bind you to BOS’s successor entity).
19.3 If any provision of these Terms of Use is held to be invalid, illegal or unenforceable (whether in whole or in part), such provision shall be struck and severed from these Terms of Use and the remaining provisions of these Terms of Use shall not be affected thereby.
19.4 No failure or delay to exercise BOS’s rights under these Terms of Use shall operate as a waiver thereof nor shall such failure or delay affect BOS’s right to enforce its rights under these Terms of Use.
19.5 If these Terms of Use is translated into a language other than English, the English text shall prevail. These Terms of Use and BOS’s relationship with you is governed by and construed in accordance with Singapore law. You submit to the exclusive jurisdiction of the courts of Singapore.
19.6 You acknowledge and agree that BOS's records and any records of the communications, transactions, instructions or operations made or performed, processed or effected through the Service by you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent, or any record of communications, transactions, instructions or operations relating to the operation of the Service and any record of any communications, transactions, instructions or operations maintained by BOS or by any relevant person authorised by BOS relating to or connected with the Service shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations.
19.7 No person or entity who is not a party to these Terms of Use shall have any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or other similar laws to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms of Use.
19.8 No variation, amendment or rescission of these Terms of Use shall bind either party unless made in writing in the English language and signed by both parties. Without prejudice to the generality of Clause 19.9 below (rights of third parties), the parties’ rights to vary, amend or rescind these Terms of Use in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these Terms of Use.
19.9 You agree and acknowledge that these Terms of Use and the services provided or made available thereunder do not include the provision of Internet access or other telecommunication services by BOS. Any Internet access or telecommunications services (such as mobile data connectivity) required by you to access and use the Service shall be your sole responsibility and shall be separately obtained by you, at their own cost, from the appropriate telecommunications or internet access service provider.

These Terms of Use are current as of 3-May-2017

 

Email Encryption Provided by Bank of Singapore.