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e-banking Basic Conditions

  1. These Basic Conditions apply to UBS e-banking Services, which shall include but not be limited to UBS e-banking Asia, UBS Connect Asia and any other electronic banking or similar services made available by the Bank to the Client for which any electronic aid (i.e. Client card/chip card, PIN code, password, scratch list, private key, certificate, etc.) is employed. The Bank may, from time to time, specify other conditions for the use of UBS e-banking Services ("Special Conditions"). If the information in these Basic Conditions differ from the Special Conditions, the latter shall prevail. Where no such differences exist, both documents shall complement each other.

  2. The identity of a user of the UBS e-banking Services is not verified by checking signatures or identification documents. Instead, an authentication process requiring the use of electronic aids made available to the Client will be carried out by the Bank's system and all users who successfully authenticate themselves through such authentication process using such electronic aids have access to the business relationship concerned. The Client is accountable and legally liable for all activities carried out after the Bank's system has authorised access on the basis of a successful authentication process, whether or not such activities are actually authorised by the Client or are carried out by the Client or an Authorised User or a third party. The Client acknowledges that such activities and any use or access of the UBS e-banking Services referable to the electronic aids shall be deemed to be use of the UBS e-banking Services by the Client and any transactions initiated as part of such activities or referable to the electronic aids shall be deemed to be transactions transmitted and/or instructions validly issued by the Client.

  3. The Client and each Authorised User is obliged to take particular care when storing the electronic aids received for purposes of the authentication process carried out by Bank's system. PIN codes, passwords, scratch lists, private keys and other electronic support tools are to be kept secret. They may under no circumstances be divulged, sent (by whatever means) or communicated to other persons. Electronic aids must be stored separately (such as a scratch list, Client/chip card) or be stored electronically. Access to the private keys must be protected by means of a password that meets the following requirements. It must be stored only on reliable hardware (e.g. chip card). PIN codes and passwords must be chosen in such a way that they are not easy to detect or work out (i.e. not based on telephone numbers, birthdays, car licence plates, etc.). If there are grounds for suspecting that a PIN code, password, private key or scratch list has become known to another person, the Client or Authorised User must immediately ensure that it is changed, deleted or blocked. If necessary, the rightful user must request another scratch list from the Bank, the certificate for the private key must be blocked immediately. The Bank must be immediately notified of the loss of any electronic aid. The Client bears the entire responsibility for ensuring that all Authorised Users shall also comply with these Basic Conditions and all Special Conditions.

  4. When expressly requested to do so, the Bank shall block electronic access to the services specified. A block can be limited to the electronic aids of a specifically named person if this is explicitly requested. A block can be requested from the branch where the relevant Account is booked. Blocked access cannot be restored until and unless requested in writing. The Client bears all risks resulting from the use of electronic aids before the block is put into effect using normal procedures.

  5. The Bank shall not be liable to the Client, the Authorised User and/or any third party for loss or damage suffered due to delay, transmission errors, technical faults or defects, breakdowns and illegal intrusion or intervention in the information provided and services offered, unless the Bank has been grossly negligent. Similarly, the Bank shall not be liable for any loss or damage suffered due to delays, technical faults or interruptions in service (including maintenance work required by the system) or overloads affecting its own automated teller machines, if any, or EDP systems. The Client acknowledges that although reliable sources are used for information available on UBS e-banking Services, no representation or warranty, express or implied, can be given as to its accuracy or completeness, and the monthly statement of accounts provided to the Client by the Bank continues to be the official record of the Client's account positions.

  6. All the electronic aids placed at the user's disposal must be used in accordance with the stipulated conditions. The electronic support tools made available by the Bank remain the property of the Bank.

  7. The Bank may impose a fee for particular services in accordance with the Fee Schedule which Client may consult at any time. The Bank has the right to debit any fees from an Account.

  8. The Bank reserves the right, at any time to change these Basic Conditions and the Special Conditions or any related user manuals. Such changes will be communicated in writing, on the screen, by circular or in any other manner deemed appropriate. In any case use of the electronic aids after such changes have been announced shall constitute acceptance.

  9. Any or all of the UBS e-banking Services can be terminated at any time by letter, either by the Client, Authorised User, or by the Bank. The electronic aids provided by the Bank must be returned to the branch where the relevant Account is booked, without having to be requested, immediately after such notice has been given. Despite such notice of termination, the Bank remains entitled to settle for the Client, with legally binding effect, all transactions initiated before the electronic aids were returned.

  10. The Bank's records in relation to the UBS e-banking Services shall, in the absence of manifest error, be binding and conclusive evidence. The Client agrees that such records are admissible in evidence and further undertakes to waive any rights to challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were incorporated were produced by or were the output of a computer system and/or are set out in electronic form.

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