CIMB CLICKS INTERNET BANKING TERMS AND CONDITIONS
Terms Of Access
PLEASE READ & UNDERSTAND THE FOLLOWING TERMS & CONDITIONS WHICH GOVERN YOUR ACCESS OF THE www.cimbclicks.in.th WEBSITE (HEREINAFTER COLLECTIVELY REFERRED TO AS 'THIS WEBSITE') AND USE OF THE SERVICES AS PROVIDED THEREIN (HEREINAFTER ALSO REFERRED TO AS THE 'SERVICES HEREIN') BY ACCESSING THIS WEBSITE AND/OR USING THE SERVICES HEREIN, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF AT ANY TIME YOU DO NOT ACCEPT ANY OR ALL OF THESE TERMS & CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE ALL ACCESS OF THIS WEBSITE AND/OR USE OF THE SERVICES HEREIN.
This website and the services herein are operated, administered, maintained and developed by CIMB Thai Bank Public Company Limited (the "Bank",) and its third party vendors. Your access of this website and use of the services herein are governed by this Terms of Access including any amendments made thereto and any other additional operating policies which Bank, at our sole discretion, may impose from time to time ("Terms of Access").
Further thereto, the Bank also reserves the sole right and discretion to make any amendments to this Terms of Access from time to time. Bank shall notify you of such amendments by notice, among others, displayed on this website at least thirty (30) days before the said amendments come into effect and after which, your continued access of this website and/or use of the services herein subsequent to any such amendments made shall constitute your agreement and binding acceptance of the same.
Notwithstanding anything contained herein, you agree and acknowledge that although this Terms of Access regulate your access of this website and use of the services herein, the said services shall also be subject to the applicable terms and conditions of any agreements which may govern the subscription and use of the same. As such, this Terms of Access shall be read in conjunction with the terms and conditions of those agreements as may be applicable. Should there be any conflict between this Terms of Access and the terms and conditions of those applicable agreements, the latter shall prevail.
Please Direct Any Questions Which You May Have Concerning This Terms Of Access To Our Call Center:-
CIMB Thai Care Center
44 Langsuan Road, Lumpini, Patumwan, Bangkok 10330
TEL. : 0-2626-7777
FAX. : 0-2626-7770
You agree that your access of this web site and use of the services herein shall at all times be in accordance with all legislation, laws and regulations governing the same and you shall not, at any time whatsoever, attempt or assist any other person to transmit any materials, data, communication and/or information ("Content"), through this web site or services herein, which is abusive, defamatory, infringes another person's rights, constitutes a criminal offence or gives rise to civil liability, encourages racism, promotes hatred, contains pornography or pedophilia, contains any viruses or deleterious files and/or is otherwise objectionable to public morals and decency. You also agree not to hack or attempt to gain unauthorised access into this web site and the services herein, disrupt the security of its resources, provide information, which is inaccurate or false, and/or otherwise abuse and misuse this web site and the services herein. If at any time you discover or suspect the occurrence of any of these activities, you are required to notify the Bank immediately and in failing or delaying to do so, you may also be held liable for the same.
The Bank is not obliged to monitor or review your access of this web site or use of the services herein. However, Bank may do so from time to time for our own purposes or where Bank is compelled to do so under this Terms of Access. In doing so, the Bank reserves the right to edit or delete any Content which violates any of the provisions in this Terms of Access without notice and without any liability whatsoever to you for doing so.
Intellectual Property Rights
You hereby agree that the Content including any graphic, text, script, music, sound, photograph, image, art, video and other multimedia work or any combination thereof which is available on our web site and services is at all times protected by copyright, trade marks, service marks, patents and any other applicable intellectual property or proprietary rights, all of which are at all times owned exclusively by the Bank or the relevant third party vendor, advertiser, affiliate or other third person, where applicable.
While you may download one (1) copy of the Content for your personal and non-commercial use (subject to you maintaining all relevant copyright and proprietary notices contained therein intact), you agree that the Content may not otherwise be reproduced, copied, transmitted, published, performed, broadcast, adapted, stored, distributed, disseminated, communicated, displayed, licensed, modified, edited, censored, altered, hyperlinked or used in whole or in part in any manner whatsoever without our prior express consent or that of the relevant third party vendor, advertiser, affiliate or other third person, where applicable, to the same.
Further thereto, you shall not insert a hyperlink on this web site or the services herein or "mirror" or frame the same or any portion thereof on any other web site(s) or servers.
All rights in this web site, the services herein and the Content which are not expressly granted to you under this Terms of Access or otherwise, are at all times expressly reserved by the Bank or the relevant third party vendor, advertiser, affiliate or other third person, where applicable.
While your access to this web site is currently provided free of any charges, you agree and acknowledge that the Bank reserves the sole right and discretion to levy a charge for the same or any service(s) which may be provided herein or any portion thereof at any time in the future, subject always to our giving you prior notice of the same.
Further thereto and notwithstanding the same, you also agree and acknowledge that there may be certain services provided herein, whether existing at present or made available in the future, which require you registering with Bank in order to access and use the same. In such instances, you agree and acknowledge that the Bank reserves the sole right and discretion to levy a charge for your said registration and/or access to and use of the said services or any portion thereof. For these purposes, you shall be duly notified of the relevant charges, if any, upon registration and your completion of the registration process, access to or use of the said services thereto shall constitute your agreement and binding acceptance of the same.
It is our policy to respect the privacy of any information disclosed by you pursuant to your access of this web site and use of the services herein ("Confidential Information"). Accordingly, the Bank will neither edit nor disclose your Confidential Information unless the Bank are required to do so in accordance with any legislation, laws or regulations, to protect our rights and property, enforce any provision in this Terms of Access, to provide you with the services herein, respond to any claim that the Content violates the rights of another person or as otherwise provided herein.
Hyperlinks To Third Parties
Throughout your access of this web site and use of the services herein, you will come across hyperlinks to third parties' web sites, which are not under Bank’s control, unless stated otherwise. These hyperlinks are provided for your reference only and do not represent in any way whatsoever our endorsement or sanction of the same. Accordingly, Bank shall not be responsible or liable for your access and use of the same or any information or materials available therein. Bank shall also not be responsible for any form of transmission or communication between you and the said third parties or your participation or use of their information, materials, services or promotions. For this purpose, you agree to be solely responsible for the same or any portion thereof.
All Content which is available on this web site and the services herein are provided on an "as is" and "as available" basis and are strictly meant for your reference and information only, and shall not, at any time whatsoever, be assumed or deemed to be intended for any business or commercial purposes or to constitute an offer or solicitation and/or the giving of advise in respect of investment, financial or banking services by Bank. You are therefore advised to obtain independent professional advice at all times and verification of the said Content before making any decisions based on the same.
While Bank shall use our best efforts to ensure that the Content herein or any portion thereof are, as far as possible, accurate, complete, current and true, you acknowledge and agree that certain Contents transmitted or made available through the web site may be provided by third parties, therefore, Bank does not warrant the same and further, we expressly disclaim all liability for any errors, omissions or inadequacies in the Content herein or any portion thereof. Further, Bank does not give any kind of warranty, whether express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement or freedom from viruses. Bank also does not warrant that this web site, the services herein and the Content will meet your requirements, be uninterrupted, timely or secure.
You are solely responsible for making your own assessment when accessing and using this web site, the services herein and the Content and you agree that your access and use thereof shall be at all times at your sole risk.
Notwithstanding the generality of this Terms of Access, the Bank shall not, at any time whatsoever, be liable to you or any other person for any damage or loss suffered (including all direct, indirect, special or consequential damages, economic loss, loss of profits or loss of opportunity) arising from any interruption or unavailability of this web site, the services herein and/or the Content and/or your access to and use of the same for whatever reason other than a failure in the system where such failure is due to our direct actions, gross negligence or omission or fraud, or such failure is caused by the caser where the Bank is in breach of any applicable laws or where the Bank has been duly informed of its possibility; or from any delay or error in any transmission or communication pertaining to your access and use of this web site, the services herein and the Content.
You hereby agree to fully indemnify, defend and hold us, our officers, directors, employees, agents and servants harmless against all damages, losses, expenses and costs (including legal costs and disbursements) which the Bank may have suffered or incurred, whether directly or indirectly, in connection with or as a result of your breach of any of the provisions under this Terms of Access.
In the event that the Bank fails or neglects to enforce any provision or remedy under this Terms of Access for whatever reason, the Bank shall neither be construed as having waived our rights to enforce the same nor as having waived our rights to any continuing, succeeding or subsequent breach of the same or any other provision in this Terms of Access.
The Bank reserves the right and sole discretion to modify (including limit, replace or delete) this web site, the services herein and the Content or any portion thereof as well as to terminate or restrict your access and/or use of the same at any time. Pursuant thereto, where Bank believes that such modifications are substantial or materially affect your access and use of the same, Bank shall notify you of such modifications by notice, among others, displayed on this web site at least thirty (30) days before the said modifications come into effect, except where circumstances beyond our control limit our ability and efforts to do so.
Governing Law & Jurisdiction
Notwithstanding from where you gain or attempt to gain access to this web site and/or the services herein, you agree that this Terms of Access, your performance and conduct under it, your access to this web site and use of the services herein and/or Content and any disputes arising thereunder shall, at all times, be governed by and construed in accordance with the laws of Thailand. Further, you agree to submit and be bound by the exclusive jurisdiction of the Courts of Thailand.
The performance of our obligations under this Terms of Access are subject always to existing legislation, laws and regulations governing the same and nothing contained in this Terms of Access is in derogation of our rights to comply with and conform to any governmental requests or legal requirements relating to the access of this web site and use of the services herein or in respect of the Content or any portion thereof which is provided to or acquired by us for your use.
A printed version of this Terms of Access and of any notice, message or communication given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Access, to the same extent maintained in its printed form.
CIMB Clicks Internet Banking Agreement
This CIMB Clicks Internet Banking Agreement (hereinafter referred to as "Agreement") sets out the terms and conditions governing your use of CIMB Clicks, which is an Internet Banking Service provided by the Bank to its eligible customers, in order to enable them to electronically access and use their Accounts and other banking facilities, products and services as made available by the Bank.
Unless otherwise expressly stated herein, your use of CIMB Clicks is governed by the terms and conditions of this Agreement which are in addition to the prevailing terms and conditions applicable to any Accounts, facilities, products and services you may subscribe to or have with the Bank, and any other facilities, products and services you may hereafter obtain from Bank .
This Agreement is to be read in conjunction with the Banks Terms of Access, CIMB Clicks enrolment form and any instructional material or User Guide(s) provided by the Bank to you as well as any other terms, conditions and provisions which the Bank may prescribes from time to time. Should there be any conflict between this Agreement and any other agreement you may have with the Bank or any of its subsidiaries, affiliates and/or business partners, the terms and conditions of this Agreement shall prevail to the extent that it relates to your use of CIMB Clicks.
"Agreement" means the terms and conditions of the CIMB Clicks Internet Banking Agreement herein, as may be varied from time to time.
"Business day" means a day in which Bank is open for business in Thailand.
"Account" means one or more of your savings, current deposit, or any other account(s) as may be accessed through CIMB Clicks as may be determined by Bank from time to time time or other account(s) that you open in the future.
"Banking Services" refers to the facilities, products and services as identified herein or as may be provided by Bank and/or its subsidiaries and affiliates from time to time via the Internet.
"Bank" means CIMB Thai Public Company Limited and includes its subsidiaries and its successors in title and assigns and where applicable any of them.
"CIMB Clicks" means the Banking Services offered by Bank, the services of which may be accessed by you via the Internet or any other electronic medium approved by Bank in accordance with the terms and conditions of this Agreement.
"Internet e-Pin" means the eight (8) digit Personal Identification Number selected by you via an application made at an Automated Teller Machine (ATM) and which is to be keyed in by you during the first time registration process on CIMB Clicks, in order to allow Bank to identify you as part of the registration procedure.
"CIMB Clicks User ID" means a unique name selected by you during your first time registration to CIMB Clicks, consisting of no less than eight ( 8) and no more than thirty two (32) alphanumeric characters which must be keyed in by you every time you log on to CIMB Clicks, to allow CIMB Bank's Internet Banking system to associate it with your ID no and Internet e-Pin for verification and authentication purposes in order to grant you access to CIMB Clicks.
"Internet Banking Password" means the 8 character, alphanumeric personal password that you select to access CIMB Clicks and subsequently for each time you log on to CIMB Clicks, in order to allow CIMB Bank's Internet Banking system to associate it with your ID no and CIMB Clicks User ID for verification and authentication purposes prior to granting you access to CIMB Clicks.
"One Time Password" (OTP) is a security feature that has been implemented to provide second layer of protection for online banking transactions, in addition to your CIMB Clicks login Username and Password. It is a unique, 8 digit code that needs to be entered for specific online transactions.
"ID No. or Passport No." means the thirteen (13) digit number of an Identification Number or passport number as a unique number in relation to your Account, as you may have or as may be opened by you, with Bank and which must be keyed in together with your Internet e-Pin for your first time registration with CIMB Clicks.
"Instructions" means any request, application, authorization or instructions in whatever form given or transmitted through CIMB Clicks to Bank by you or any other persons purporting to be you, whether authorized or unauthorized.
"Loss" means any and all losses, damages (financial and otherwise), injuries, embarrassments, costs, charges and/or expenses of whatsoever nature, including legal fees on a full indemnity basis.
"Officer" means any director, officer, employee or servant of Bank
"Payee Corporations" means the corporations approved by Bank to which Payment can be made as may be added and varied from time to time and displayed under 'Payee List' on CIMB Clicks.
"Payment" means the payment by you of any bills or any other payment demands received by you from Payee Corporations.
"Transfers" means the transfer of funds within your own CIMB Thai Account or a third party Account maintained by Bank or any other transfers as maybe made available by Bank from time to time.
"you", "your" or "yourself" means Bank's customer in whose name one or more Account is held by Bank and each person who uses or is authorized to use a CIMB Clicks PIN, Internet Banking password and a CIMB Clicks User ID or other means of access as may be established or approved by Bank.
1. Application And Enrolment To CIMB Clicks
1.1 Subject to the terms and conditions herein, CIMBClicks is made available for application and enrolment to customers completing twenty (20) years of age, having one or more existing Accounts with bank.
1.2 Non-Account holders may enroll for CIMB Clicks only after physically opening an Account with Bank.
1.3 Accounts which require two or more signatories to make transfers, withdrawals and other transactions will not be eligible for CIMB Clicks
1.4 To enroll for CIMB Clicks, you would be required to have an ATM Card and a Internet e-Pin. The Internet e-Pin is utilised one time only during registration where you will proceed to nominate an Internet Banking password. Subsequently, you will access CIMB Clicks using your Internet Banking password.
1.5 Existing customers who do not own an ATM Card, must first apply for the Internet ePin at a branch of CIMB Thai whereby you will, upon successful application, be issued with a Internet ePin
1.6 The Internet e-Pin may be applied for at a Bank’sATM in accordance with any procedures and directions as may be prescribed by Bank from time to time. This is a 8-digit numeric PIN of your choice.
1.7 Any application to enroll for CIMB Clicks and access thereto, will be subject at all times to Bank's sole and absolute discretion and Bank reserves the right to accept or reject an application, to deny your ability to access CIMB Clicks, to limit your access or transactions or to revoke your access to CIMB Clicks without being obliged to provide any reason of such rejection or to respond to any request for information from yourself.
2. Procedure For Enrolment And Access To CIMB Clicks
2.1 To enroll for CIMB Clicks, you would be required to enter your ID no and your Internet e-Pin, obtained from any Bank ATM for validation. This has to be done only at the official Bank consumer Internet Banking website located at the public URL [www.cimbclicks.in.th].
2.2 Upon successful validation of your ID no and Internet e-Pin, you will be required to select and key in your preferred CIMB Clicks User ID that will enable your continued access and use of CIMB Clicks. You will then be prompted to key in a preferred 8-character, alphanumeric password. Your Internet Banking password must be alphanumeric.
2.3 You may also be required to provide Bank with certain Customer information as may, in the Bank 's sole opinion, be required in order to effectively provide the Banking Services which may include, inter alia, your name, address, date of birth, contact number and e-mail address. This information will be kept private and not be passed on to any third party and is retained only by Bank for it's own purpose including marketing our respective financial services and profiling.
2.4 After completion of the steps in 2.1, 2.2 and 2.3 above and the on screen confirmation by you of the details so provided, your access to CIMB Clicks will, subject to Clause 1.6 above, be activated.
2.5 Subsequent to your successful enrolment to CIMB Clicks pursuant to Clause 2.4 above, you will be required to key in your CIMB Clicks User ID and your Internet Banking password for each time you log on to CIMB Clicks.
2.6 You agree and acknowledge that the Bank has the right to invalidate your CIMB Clicks User ID and your Internet Banking Password without prior notice and without being obliged to provide any reason for such invalidation or to respond to any request for information from yourself. Further you agree and acknowledge that you shall not hold Bank for any Loss, which you may suffer as a result of such invalidation.
3. ACCEPTANCE OF TERMS AND CONDITIONS
3.1 You acknowledge that the first time you apply to enroll for CIMB Clicks, you shall be deemed to have read, understood and agreed to be bound by the terms and conditions of this Agreement and you further acknowledge and accept all inherent risks associated in conducting any transactions over the Internet or such other electronic medium approved by Bank.
3.2 You agree to abide by the terms and conditions of this Agreement in your access and use of Bank's CIMB Clicks.
4. Responsibility For ID no, Internet e-Pin And CIMB Clicks User ID
4.1 You agree and acknowledge that you shall at all times keep your Internet e-Pin, Internet Banking Password, OTP and CIMB Clicks User ID confidential and shall not share or disclose your Internet e-Pin, Internet Banking Password, OTP and CIMB Clicks User ID to any person whatsoever, including any Officers of Bank.
4.2 You shall, at all times, observe all security measures as may be prescribed by Bank in relation to your Internet e-Pin, Internet Banking Password, OTP and CIMB Clicks User ID and further, you shall take all reasonable precautions necessary to ensure that no other persons have or will be granted access to your Internet e-Pin, Internet Banking Password, OTP and CIMB Clicks User ID and such precautions may include, among others, immediately memorising the Internet e-Pin, Internet Banking Password, OTP and CIMB Clicks User ID and destroying any envelope or document on which it is stated (if any), not retaining the Internet e-Pin, Internet Banking Password, OTP and CIMB Clicks User ID in any form except in memory, not leaving your Personal Computer unattended whilst accessing CIMB Clicks and ensuring that others do not see your entering of the Internet e-Pin, Internet Banking Password, OTP and CIMB Clicks User ID upon access to CIMB Clicks as well as ensuring you properly log off from CIMB Clicks upon completion of your use thereto.
4.3 You agree that you shall, at all times, be responsible for all access and/or use of CIMB Clicks made via your Internet e-Pin, Internet Banking Password, OTP and CIMB Clicks User ID whether it was in fact made by you or by any other person(s) purporting to be you.
4.4 If you discover or have reasonable grounds to believe that your ID no, Internet e-Pin, Internet Banking Password, OTP and CIMB Clicks User ID has been compromised in any way and/or you have received any statement, data or information which indicates that an unauthorised transaction has taken place or is otherwise not intended for you, you shall immediately notify Bank or via telephone at its Call Center specified in Clause 13.1. For the avoidance of doubt, all telephone calls made to Bank's Call Center shall be logged by Bank.
4.5 Subject to Clause 4.7, until Bank receives and logs such notification under Clause 4.4 above, you shall be liable for all such transactions, which are conducted through CIMB Clicks via your ID no, CIMB Clicks PIN, Internet Banking Password, OTP and CIMB Clicks User ID, whether or not the same were conducted or authorised by you. For the avoidance of doubt, you shall be liable for all such transactions conducted through CIMB Clicks up to the point of time notification is made and logged pursuant to Clause 4.4 above, or otherwise, up to the point of time notification is supposed to be made, which for the avoidance of doubt, is immediately upon you discovering or having reasonable grounds to believe that your ID no, Internet e-Pin, Internet Banking Password, OTP and CIMB Clicks User ID has been compromised in any way and/or you have received any statement, data or information which indicates that an unauthorised transaction has taken place or is otherwise not intended for you. Where such notification is delayed for any reason, you shall in addition to being liable for all transactions conducted up to the above referred point in time, be liable for the actual loss which occurred after the said point in time, until the actual notification made by you is received and logged by Bank subject to Clause 4.8 below.
4.6 Upon Bank's receipt of your notification made pursuant to Clause 4.4 above, you agree and acknowledge that Bank may, at its sole right and discretion, suspend your access to CIMB Clicks until a new ID no is provided for and/or a new Internet e-Pin, Internet Banking Password, OTP and CIMB Clicks User ID is issued or applied for and/or such reported/unreported discrepancies are resolved by Bank.
4.7 Notwithstanding anything contained herein and for the avoidance of doubt, where the unauthorised use of your ID no, CIMB Clicks PIN, Internet Banking Password, OTP and CIMB Clicks User ID is due to your actions, fraud, disclosure, abuse or misuse, which are deliberate, you shall be liable for such use even if a notification is made pursuant to Clause 4.4 above.
4.8 Further and notwithstanding Clause 4.5 above, where you have contributed to a loss resulting from an unauthorised transaction by delaying notification under Clause 4.4 above, you shall, subject to Clause 4.7, be liable for the actual loss which occurred during the period of such delay, except for:-
4.8.1 that portion of the loss incurred on any one day which exceeds the daily transaction limit applicable to the relevant Account; or
4.8.2 that portion of the total loss incurred which exceeds the amount of funds standing in your Account.
4.9 In addition, you are responsible for your own personal computer anti-virus and security measures to prevent unauthorized access to your transactions and accounts via the service. You must follow any other security rules prescribed by us whether in the Website, under any other agreement with us, or otherwise notified to you by us in any way.
5. INSTRUCTIONS AND AUTHORISATIONS
5.1 You shall, at all times, be responsible for all Instructions transmitted to Bank via your ID no, Internet e-Pin, Internet Banking Password, OTP and CIMB Clicks User ID regardless of whether they were made by you or someone purporting to be you and you hereby agree and acknowledge that Bankwould be entitled to rely on and treat any Instructions made, submitted or effected pursuant to the use and entry of your ID no, Internet e-Pin, Internet Banking Password, OTP and CIMB Clicks User ID as having been made, submitted and effected by you and accordingly, Bank shall not be responsible or liable for any Losses which you may suffer, whether directly or indirectly, as a result of the same.
5.8 Subject to Clause 16.5, in the event that the Bankdecides to act upon and/or carry out any Instructions or is otherwise under an obligation to act upon and/or carry out any Instructions, Bank shall be allowed such amount of time to act upon and implement any Instructions as may be reasonable having regards to the systems and operations of Bank and any other circumstances then prevailing and accordingly, Bankshall not be responsible or liable for any Loss arising from any delay on the part of Bank in acting upon and/or carrying out any such Instructions.
5.9 Where any Instruction is ambiguous and/or inconsistent with any other Instructions, Bank shall be entitled to rely and act upon such Instruction in accordance with any reasonable interpretation thereof which any Officer believes in good faith to be the correct interpretation of the same or refuse to act until Bank receives a fresh Instruction(s) in such form and manner as is required by Bank.
5.10 Any Instructions received from one Account holder of a joint Account which can be operated by a single signing authority will be deemed to be genuine and regular Instructions pertaining to that joint Account and Bank shall be entitled to act on, rely upon and execute such Instructions without any liability to the other Account holder(s) or to any other persons, in relation thereto.
5.11 Without prejudice to Clause 5.10, where prior to acting on Instructions from any of the Account holder(s) of a joint Account as referred to in Clause 5.10 above, the Bankreceives contradictory or inconsistent Instructions from any other Account holder, Bank shall be entitled (but not obliged) to thereafter only act on the mandate of all the Account holders in relation to the Account in question notwithstanding that any relevant existing Instructions specify otherwise.
5.12 All Instructions given and transactions effected or made by you on any day after the time stipulated by Bank as the latest time by which such Instructions or transactions should be effected or made may, at the election of Bank, be treated as Instructions or transactions given, effected or made on the next Business day immediately following that day.
6. CIMB Clicks
6.1 Subject to the terms and conditions of this Agreement and any other terms and conditions as may be relevant to a particular Banking Service, and subject to you having and maintaining the relevant Account(s) pertaining to any transactions made through CIMB Clicks, Bankoffers you with the following Banking Services (as applicable):-
6.1.1 Account Information;
6.1.4 Secure Messaging; and
6.1.5 Any other new Banking Service(s) as maybe offered by Bank or its subsidiaries, affiliates or other third parties from time to time. By using these new Banking Service(s) as they become available, you agree to be bound by this Agreement in relation to these new Banking Service(s) in so far as it is applicable.
6.2 Where new Banking Service(s) are introduced pursuant to Clause 6.1.5 above, you agree and acknowledge that by utilising such new Banking Service(s) you shall be bound by the terms and conditions in force governing such new Banking Service(s).
6.3 For the avoidance of doubt and notwithstanding anything contained in this Agreement, you agree and acknowledge that the Bank reserves the sole right and discretion to limit, cancel or suspend any or all of the Banking Services herein in whole or in part at any time without giving any reason or explanation of the same and without incurring any liability whatsoever to you for doing so. Further thereto, Bankmay also add, withdraw or change the types of transactions that may be available or carried out through these Banking Services.
7. ACCOUNT INFORMATION
7.1 You agree and acknowledge that any information pertaining to your Account(s) as reported through CIMB Clicks may not necessarily reflect or indicate transactions that are yet to be processed and updated and therefore, should not be taken as conclusive of your Account balance and transaction history with Bank.
8. TRANSFERS AND PAYMENTS (Including Fund Transfer, Bill Payment)
8.1 You agree and acknowledge that Transfers and Payments are not final upon receipt of your Instructions.
8.2 the Bankmay, at its sole right and discretion, requests for any additional verification and/or information prior to the execution of any Transfer or Payment Instructions. For the avoidance of doubt, Bank shall not be responsible nor liable for any Loss which you may suffer, whether directly or indirectly, as a result of Bank's action pursuant to your information.
8.3 You acknowledge that the Bank may specify limits on the number of transactions you may make using CIMB Bank's Transfer and Payment services and the amounts to be so transferred or paid under the same.
8.4 the Bank shall endeavour to execute any Transfer and Payment Instructions promptly in accordance with your Instructions subject always to the Payments and Transfers being made on a Business day, regardless of this Transfer and Payment being made online real time or scheduled as a recurring Transfer and/or Payment.
8.5 the Bank shall not be liable for any Transfers or Payments or any failure to complete or execute a Transfer or Payment Instruction where:-
8.5.1 You have an insufficient balance in your Account(s) to transfer or pay the relevant amount(s) or to transfer or pay for any fees, charges, expenses and interests that may be imposed by Bank from time to time for the use of CIMB Clicks and/or any of its Banking Services;
8.5.2 Your relevant Account(s) is/are to be made subject to any legal process or other otherwise claim restricting such transactions or where the same is/are otherwise frozen, closed or suspended for any reason whatsoever;
8.5.3 The Payee Corporation(s) do/does not process your Payment promptly and/or correctly;
8.5.4 You have provided Bank with inaccurate or incomplete Instructions or information relating to, among others, the amount(s) to be paid or transferred and the details of the beneficiary Account(s) or Payee Corporation(s) to which such monies are to be transferred or paid to; or the status of the beneficiary account is invalid and/or is covered under item 8.5.2
8.5.5 There is an error in the information or Instructions given by you, during the course of transmission through CIMB Clicks;
8.5.6 You fail, neglect, omit or otherwise choose not to follow the latest or current instruction, procedures and directions for using CIMB Clicks or the particular Banking Services offered thereunder; or
8.5.7 the Bank knows or has reasons to believe that a fraud, criminal act, offence, or violation of any law or regulation has been or will be committed.
8.5.8 The Bank has informed the transferor of unavailable services in advance or during providing services.
8.5.9 You breach the Bank’s terms or conditions.
8.5.10 Any force majeure events or events which is beyond the Bank's reasonable control, including but not limited to fire, earthquake, flood, lightning, riots, strikes, lockouts, government action, war, disruption of electrical or power supply.
8.6 Where it is found that you have insufficient funds for the transactions, you acknowledge that Bank may, at its sole right and discretion and without notice, reserve the transaction or offset the shortage with funds from any other Account(s) you may have with Bank.
8.7 You may cancel the Transfer or Payment service pursuant to Clause 19 herein. Any unprocessed Transfers or Payments will be cancelled on the Business day your cancellation request is received. If you close any relevant Account pertaining to any such Transfers or Payments, any unprocessed Transfers or Payments scheduled from that Account or to be paid into that Account will also be cancelled on the day that Account is closed.
8.8 You should rely on your own evaluation to assess the merits, risks, and the compliances of the shares. In considering the shares, if you are in doubt as to the action to be taken you should consult your professional advisers immediately.
9. SECURE MESSAGING
9.1 You agree and acknowledge that you shall use the Secure Messaging Service for the transmission of messages related to your Account, CIMB Clicks and the Banking Services offered thereunder and shall not use it for any other purpose including but not limited to the transmission of spam or chain messages or any type of unsolicited messages which do not relate to Bank, your Account(s) or CIMB Clicks.
9.2 You agree and acknowledge that Bank may fix a limit as to the number of messages you may send, receive or store in or through the Secure Messaging Service at any time.
9.3 You further agree and acknowledge that you shall not transmit messages that are obscene, threatening or defamatory in any way.
9.4 You agree and acknowledge that any data, information or Instructions that you communicate or transmit via the Secure Messaging Service shall, unless otherwise expressly stated by you, be deemed as true, accurate and complete and Bankshall be entitled to rely on and where necessary act upon any such data, information or Instructions without being liable in relation thereto.
9.5 Pursuant to Clause 9.4 and notwithstanding anything contained in this Agreement, you agree and acknowledge that any communication or transmission which you make with Bank via the Secure Messaging Service which meets Bank's operating standards and requirements shall be deemed to be valid, accurate and authentic and as good as, and given the same effect as, written and/or signed documentary communications.
10. FEES AND CHARGES
10.1 Notwithstanding your obligations to pay any fees and charges under any other terms relating to your Account, you shall pay to Bankall fees, commissions and any other relevant charges at such rates and in such manner as Bank may impose and/or stipulate from time to time with respect to CIMB Clicks and/or any of the Banking Service(s) provided thereunder.
10.2 the Bank may inform you of such fees, charges and/or any variations thereof by giving thirty (30) days prior notice in writing or in any manner deemed applicable by Bank. Should you disagree with the imposition of such fees, charges and/or variations thereof, you shall cease to use CIMB Clicks or the particular Banking Services to which such fees, charges and/or variations relate to. Your continued use and access of CIMB Clicks or the particular Banking Service to which such fees, charges and/or variations relate to shall be deemed as your agreement and binding acceptance of the same.
10.3 You agree and acknowledge that the Bank reserves the right to debit your relevant Account for the payment of any fees, charges and/or penalties imposed pursuant to this Agreement including any Government charges, stamp duties or taxes payable as a result of the use of CIMB Clicks and the Banking Services provided thereunder.
10.4 You agree and acknowledge that all fees and charges including but not limited to telephone and telecommunication charges, relating to your access and connection to CIMB Clicks including any fees and charges imposed by any Network Service Provider shall be borne solely by you, and Bank shall neither be responsible nor liable in relation thereto.
11. DISCLOSURE OF INFORMATION
11.1 You hereby expressly authorise and permit Bank to divulge, reveal and/or otherwise disclose any and all particulars and information relating to yourself or your Account or any transactions or dealings between you and Bank:-
11.2 You authorise Bank to procure any information from any person, organization, authority, company, corporate or unincorporated body or any other entity as Bank may in good faith deem fit in connection with your Account(s) or the Banking Services and authorises the disclosure by such person of any information required by Bank.
11.3 You, in submitting to Bank any application, Instructions or in continuing with the Account(s) or the use of CIMB Clicks, shall be deemed to have conferred upon Bank in such application or by such conduct as the case maybe, your due authorisation and permission for such disclosure in accordance with the terms hereof.
11.4 In transactions relating to the use of the Internet medium through CIMB Clicks thereby you agree to accept the associated risk or any loss that may occur, the Bank does not make any warranties in respect thereof though the Bank shall endeavour to ensure the security of the information transmitted through CIMB Clicks.
12. YOUR RESPONSIBILITY AND UNDERTAKINGS
12.1 You shall, at all times, be responsible for obtaining and using the necessary Internet browser and/or any other hardware and/or software necessary including any new and recent versions thereof, which is necessary to obtain access to CIMB Clicks at your own risk and expense.
12.2 You shall be responsible for the maintenance of any account that you may have with a Network Service Provider for your access to CIMB Clicks and you hereby agree, acknowledge and understand that such access will, to that extent, be subject to the terms and conditions of your Network Service Provider.
12.3 You agree and acknowledge that Bankwill not be held liable for your inability to access CIMB Clicks or any part thereof, the rejection of your transactions, the incorrect processing of your transactions as a result of your failure to maintain your account with the Network Service Provider or your failure to obtain or use the necessary Internet browser and/or other hardware and/or software including but not limited to any failure to upgrade the relevant Internet browser and/or software or to use the new and recent versions of the same as may be required by Bank.
12.4 You agree to observe all security measures in relation to your Account(s) and the access to and use of CIMB Clicks as specified in this Agreement and any other rules and regulations, policies or guidelines as may be in force in relation thereto.
12.5 You shall furnish Bank with complete, accurate and timely data, information and Instructions in relation or in connection with any transactions and performance of any transactions made through CIMB Clicks.
12.6 You shall not initiate any claims, actions or suits against Bank, for any unauthorised use of CIMB Clicks whether as a result of your ID no, Internet e-Pin, Internet Banking Password, OTP and CIMB Clicks User ID being compromised or otherwise.
12.7 You shall, at all times, observe and abide by the terms and conditions of this Agreement and any other relevant agreement between Bankand you and any other rules, regulations, policies and guidelines currently in force.
12.8 You shall not interfere with the access to and use of CIMB Clicks or Banking Services by other customers and you shall not use CIMB Clicks for any purpose other than conducting authorised transactions pertaining to your Account(s). You shall also not hack, attempt to hack or gain unauthorised access, whether directly or indirectly, into CIMB Clicks, any other customer's account(s) and/or the Banking Service(s), for any purpose whatsoever.
12.9 You shall observe all reasonable propriety and etiquette in your communications with Bank and shall not communicate any obscene or defamatory information to Bank whether through CIMB Clicks or otherwise.
12.10 You shall keep yourself informed and updated of Bank's relevant and applicable policies and practices and other terms applicable to your Account(s), the Banking Services and CIMB Clicks as provided by Bank to you.
13. ERROR REPORTING AND QUERIES
13.1 Should you wish to report any error or make any queries or complaints in relation to CIMB Clicks, you may write in, e-mail or call the Bank Call Center at the following address and contact number:-
CIMB Thai Care Center
44 Langsuan Road, Lumpini, Patumwan, Bangkok 10330
TEL. : 0-2626-7777
FAX. : 0-2626-7770
For the avoidance of doubt, all telephone calls made to Bank's Call Center shall be logged by Bank.
13.2 Subject to Clause 13.3, you may be required to disclose to Bank all relevant information relating to any report, query or complaint including but not limited to your name, the relevant Account(s) number(s), a description of any such error, query or complaint, an explanation on why you believe it to be an error or why you require more information and the amount(s) involved in the suspected error, query or complaint, as maybe relevant. Notwithstanding this, you shall not, at any time and under any circumstances whatsoever, disclose your Internet e-Pin, Internet Banking Password, OTP and CIMB Clicks User ID to any Bank staff or representative.
13.3 Where any communication involves your sensitive or confidential information whether in relation to your Account(s) or any transactions made in relation thereto or otherwise, the Bank does not encourage the communication of any such information via electronic-mail ("e-mail") (not being Secure Messaging) and you agree and acknowledge that should you proceed with such mode of communication in relation to such information, you shall undertake all inherent risks associated with such mode of communication and shall not, at any time whatsoever, hold Bank responsible or liable for the security of such information or any Loss suffered in relation thereto.
13.4 In the event that the Bank requests you to make such report, complaint or query in writing to Bank, you shall do so within ten (10) Business days thereafter. If no such written report, complaint or query is received by Bankwithin the said period, Bank will not be under an obligation to conduct any investigation and answer any such query or complaint.
13.5 Subject to Clause 13.6, Bank shall endeavour to investigate the complaint, answer the query or inform you of the results of its investigation as soon as practicable or in any case within seven (7) Business days of receipt of such report, query or complaint or where a subsequent written report, query or complaint is requested by Bank pursuant to Clause 13.4, within seven (7) Business days of receipt of such subsequent written report, query or complaint.
13.6 If the Bank requires more time to conduct its investigation, Bank shall extend the period stated in Clause 13.5 above to such reasonable period as it deems necessary in its sole discretion which shall as far as reasonably possible not exceed thirty (30) days from the date of receipt of such report, query or complaint or where a subsequent written report, query or complaint is requested by Bank pursuant to Clause 13.4, within thirty (30) days of receipt of such subsequent written report, query or complaint.
13.7 You shall as far as possible co-operate and assist Bank in the conduct of its investigations.
13.8 Subject to the provisions of this Agreement, upon the completion of an investigation, Bank shall make reasonable endeavours to correct any error promptly and to make the necessary adjustments to your Account(s) and notify you of the adjustments made pursuant thereto.
13.9 In any case, Bank shall inform you of the results of the investigation within seven (7) Business days of the completion of Bank's investigations in Clause 13.5 or 13.6, as the case may be.
13.10 Where you are not satisfied with the outcome of the investigation or of your complaint, you may appeal against such to the Senior Management of Bank in writing to the address as specified in Clause 13.1 above;
14. STATEMENTS, CONFIRMATION AND ADVICE
14.1 Where Banksends or delivers to you a statement, confirmation or advice, you shall verify each and every such statement, confirmation or advice and shall give Bank written notice of any such error or omission in any such statement, confirmation or advice within sixty (60) days from the date of the said statement, confirmation or advice in accordance with Clause 13 above. Where no such notice is received by Bankwithin the said sixty (60) days, such statement, confirmation and advice shall as against you be deemed as true, correct and accurate as regards all transactions and amounts stated therein and shall be conclusive evidence of the transaction and your liability to Bank.
15. UPDATING OF CUSTOMER'S PARTICULARS
15.1 You shall promptly notify Bank in writing or by such other means as Bank deems acceptable of any changes or variations in your personal particulars and Bank shall be entitled to assume that there have been no changes or variations until Bank has received notice thereof given by you. Provision of such particulars during the enrollment process in CIMB Clicks does not deem automated updating of your personal particulars.
16. LIABILITY/EXCLUSIONS OF LIABILITY
16.1 Bank shall use all reasonable efforts to ensure the operation and provision of CIMB Clicks and the Banking Services. However, you agree and acknowledge that Bank does not make any warranties or representations of any kind whatsoever with respect to CIMB Clicks and the Banking Services provided by Banktsoever howsoever arising whether in tort, contract or indemnity, in relation to the provision of CIMB Clicks and the Banking Services whether suffered by you or any other person with the exception of Losses which, subject to Clause 5.8, are caused by the fraudulent or gross negligent conduct of Bank's Officers.
16.2 Notwithstanding to the generality of Clause 16.1 above, Bank shall not be liable for any Loss caused by or arising from one or more of the following events:-
16.2.1 Any malfunction, defect in and/or any breakdown, disruption or failure of any telecommunications, computer, terminal, server or other device or system whether or not owned, operated or maintained by you, Bank or any other person, including but not limited to the failure of any such equipment or system to accept, recognise or process any Internet e-Pin, Internet Banking Password, OTP, CIMBClicks User ID or Instruction;
16.2.2 Any malfunction, breakdown, disruption and/or unavailability of CIMBClicks or any portion thereof, howsoever arising;
16.2.3 Any of the Banking Services not being accessible, available or functioning;
16.2.4 Any failure or delay caused by Internet browser or other software, computer virus or related problems;
16.2.5 The corruption, destruction, alteration, loss of or error in your Instructions or any data or information in the course of transmission through CIMBClicks;
16.2.6 Any intrusion, interference or attack by any person, virus, Trojan Horse, worms, macros or other harmful components or deleterious programs or files;
16.2.7 Any loss, theft or unauthorised use of your Internet e-Pin, Internet Banking Password, OTP, CIMBClicks User ID;
16.2.8 Any force majeure events or events which is beyond the Bank's reasonable control, including but not limited to fire, earthquake, flood, lightning, riots, strikes, lockouts, government action, war, disruption of electrical or power supply;
16.2.9 Any prohibition, suspension, delay or restriction of your access to CIMB Clicks by the laws and regulations of any country from which you access CIMB Clicks;
16.2.10 Any inaccuracy or incompleteness of information, data or Instructions given by you in relation to any transactions or the performance of any transactions or otherwise in relation to the provision of any of the Banking Services;
16.2.11 Your failure, neglect or omission to maintain sufficient funds in the relevant Account(s) to perform any of your Instructions; 16.2.12 Your inability to perform any transactions due to limits set by Bank from time to time;
16.2.13 Your failure, neglect or omission to act in accordance with the terms and conditions of this Agreement and any other rules, regulations, policies and guidelines currently in force;
16.2.14 Any delay in the delivery or non-delivery or any documents or materials, whatsoever, under this Agreement;
16.3 So long as the Bank acts in good faith in acting upon or carrying out any Instructions, Bank shall neither be responsible nor liable to you in any respect for any Loss caused by or arising from Bank's execution or implementation of such Instructions or any matter arising therefrom.
16.4 Without prejudice to the generality of the foregoing and notwithstanding any provision to the contrary in this Agreement or in any other agreement between Bank and you, Bank shall not in any event be responsible or liable to you for any indirect or consequential Loss, or for punitive damages, whether arising from any breach of Bank's obligations to you or otherwise.
16.5 Where the Bank
16.5.1 fails to observe the procedures on complaints and investigation as set out in Clause 13; and
16.5.2 such failure:
188.8.131.52 is caused by the fraudulent or gross negligent conduct of Bank's Officers; and
184.108.40.206 prejudiced the outcome of the complaint or resulted in delay in its resolution,
16.5.3 The Bank fails to comply with the Instruction to suspend the pre-determined Transfer, or to freeze your Transfer instrument, and later the Transfer transaction is executed,
16.5.4 The Bank has not yet delivered the Transfer instrument to you, and a Transfer transaction is wrongfully executed,
16.5.5 A Transfer transaction is wrongfully executed without a fault on your part,
Subject to Clause 16.5, upon investigation and finding that it is the fault on the Bank's part, the Bank shall be liable to you up to the full amount of that particular transaction by transferring the amount in subject to your Account, and the calculation of the interest thereon will be made retroactively to the date on which that amount was debited from your Account.
Bank may, subject to Clause 4.5, 4.7 and 4.8, be liable to you up to the full amount of the particular transaction which is the subject of complaint.
17.1 The Bank reserves the right to change, modify, delete, amend, add or vary the terms and conditions of this Agreement from time to time but Bank will, subject to Clause 17.4, give notice of any such additional or amended terms and conditions for at least thirty (30) days. If such change or amendment causes you to bear more expenses or responsibility, you agree on and accept to such change at all times.
17.2 Such notice may be provided to you either in writing addressed to the last address given by you to Bank or in the form of a notice displayed at Bank's branches or in the form of a notice displayed on the screen when accessing CIMB Clicks or in such other manner as may be prescribed by Bank from time to time.
17.3 If you continue to use CIMB Clicks after the effective date of any additional or amended terms and conditions, or where no effective date is specified, after a period of thirty (30) days upon your receipt of such notice, whether actual or deemed in accordance with Clause 18.2, then you shall be deemed to have accepted such additional or amended terms and conditions and agreed to be bound by the same.
17.4 You agree and acknowledge that where the changes or amendments made are necessitated by an immediate need to restore or maintain the security of a transaction your Account, CIMB Clicks, Bank may proceed with making such changes and amendments without notice to you.
18.1 Unless otherwise specified herein to the contrary, all notices and communications by Bank in relation to CIMB Clicks maybe given by Bank in any one of the following manners:-
18.1.1 By A.R registered post to your last address in Bank's records, whether incorporated in the periodic statement of Account or otherwise
18.1.2 By ordinary post to your last address in Bank's records, whether incorporated in the periodic statement of Account or otherwise;
18.1.3 By facsimile, e-mail or other forms of instantaneous communication to your last known contact number or e-mail address in Bank's records;
18.1.4 By display at Bank's premises, including those of its branches;
18.1.5 By display on the screen upon access to the Bank web site
18.1.6 By any other manner as Bank deems fit.
18.2 All notices and communications sent by Bankto you, shall, unless otherwise specified herein or in the said notice or communication, be deemed to have been received and effective, as follows:-
18.2.1 If by A.R registered post; upon receipt of a duly signed A.R card;
18.2.2 If by ordinary post  days after posting and  days after posting places outside of Thailand;
18.2.3 If by facsimile, e-mail or other instantaneous communication, when despatched; and
18.2.4 If by display (whether at Bank's premises or on the CIMB Clicks website) upon such display being made
18.3 All notices and communications to Bank shall unless specified herein, be in writing, signed by you and sent to Bank, at Bank's address as specified herein or any other address as may be notified to you from time to time.
18.4 Subject to anything herein to the contrary, all notice(s) from you to Bank shall take effect only upon Bank (as the case may be) duly recording the same in its records.
19.1 Subject to Clause 19.3, you agree and acknowledge that the Bank reserves the sole right and discretion to suspend, terminate or restrict your access to CIMB Clicks or any part thereof for any reason, by giving seven (7) days prior notice to you and without any liability whatsoever to you or any other third party for doing so.
19.2 Notwithstanding the generality of Clause 19.1, Bankmay terminate, suspend or restrict your access to CIMB Clicks immediately upon giving you notice, if:-
19.2.1 You cease to maintain any Account(s) with Bank which can be accessed via CIMB Clicks;
19.2.2 You breach any term, condition or provision of this Agreement or laid down by any legal, regulatory or other authority or body relevant hereto;
19.2.3 If you fail to pay any fees or charges when due;
19.2.4 If you have provided Bank with false or incomplete information for your access to or use of CIMB Clicks;
19.2.5 You are brought a civil or insolvency action against or ordered by court to go into either temporary or absolute receivership;
19.2.6 In Bank's opinion, it is in the public interest to do so;
19.2.7 There is information that you have committed an offence. For example, there is information or an examination by a government officer or any regulatory unit, such as Anti-money Laundering Office (AMLO), which states a ground that you or any of your transactions have a high risk as defined by the Anti-money Laundering Act B.E. 2542 (1999) and as may be amended from time to time and any other relevant rules, orders, regulations and/or requirements. Or the Bank has a reasonable ground for suspect that your act is in breach of, avoids or contradicts the law.
19.3 You may terminate your access to and use of CIMB Clicks or any particular Banking Services at any time, by giving at least fourteen (14) day's prior written notice to Bank. The notification will not be effective until Bank has received your notice, acknowledges it and proceeds to terminate your access to and use of CIMB Clicks or the relevant portions thereof.
19.4 You agree and acknowledge that termination does not effect your liability or obligations in respect of Instructions received by Bank prior to such termination that have been processed or are being processed by Bank.
19.5 You further agree and acknowledge that where an Instruction was received by Bank prior to such termination herein but has not been processed, and your access to CIMB Clicks is thereafter terminated, you shall neither hold Bank responsible nor liable for any failure to process the said Instruction.
19.6 Any rights and obligations under this Agreement which by their term and sense would survive the termination of this Agreement in any way,shall continue to be in full force and effect thereafter.
20. GENERAL INDEMNITY
20.1 In addition and without prejudice to any other right or remedy of Bank, whether under this Agreement or otherwise, you shall indemnify and hold Bank harmless from and against any and all Loss suffered or incurred by Bank as a result of any of the following:-
20.1.1 Any failure by you to comply with any of the terms and conditions of this Agreement; and/or
20.1.2 Bank acting in accordance with any Instructions or in any manner pursuant to this Agreement.
20.2 You agree and acknowledge that your obligation to indemnify Bank herein shall survive the termination of this Agreement or CIMB Clicks.
21. GENERAL LIEN
21.1 In addition and without prejudice to any right which Bank may have under law or otherwise, all funds, instruments and other property belonging to you in the possession or control of Bank shall be subject to a general lien in favour of Banki in respect of all sums or other liabilities now or at any time hereafter due, owing or incurred by you to Bank on the Account(s), CIMB Clicks or on any of the Banking Services, or otherwise in any manner whatsoever, in any currency, whether actual or contingent, joint or several and Bank may apply the proceeds thereof in settlement of those sums and liabilities.
22.1 You agree and acknowledge not to dispute the validity, accuracy or authenticity of any evidence of your Instructions and/or communications transmitted between Bank and you, including but not limited to any evidence in the form of Bank i's computer records which may take the form of, among others, telephone logs, transaction logs, magnetic tapes, cartridges, computer printouts of any communication and any other form of information and data storage, all of which having been produced by Bank i's computers in the course of their ordinary use.
22.2 Pursuant to Clause 22.1, you further agree and acknowledge that it shall refer and at all times, treat all of the said computer records of Bank therein as conclusive evidence of your Instructions and/or communications received or sent by Bank .
22.3 Notwithstanding anything contained in this Agreement, you agree and acknowledge that all your said Instructions and/or communications which are sent to Bank and meet the operating standards and requirements of Bank shall be deemed to be as good as, and given the same effect as, written and/or signed documentary communications.
23.1 The failure or delay on the part of Bank in exercising any right, power, privilege or remedy under this Agreement upon any default on your part shall not impair any such right, power, privilege or remedy or be construed as a waiver thereof or any acquiescence in such default. No waiver shall be valid unless made in writing by Bank . Any waiver by Bank shall not operate as a waiver of any subsequent default by you.
23.2 If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof and the remaining provision shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom.
23.3 Notwithstanding from where you access CIMB Clicks, you agree and acknowledge that this Agreement shall be governed by and construed in accordance with the prevailing laws of Thailand and subject to Clause 23.4, the Thai courts shall have exclusive jurisdiction to hear and determine all actions and proceedings arising out of this Agreement and accordingly, you also agree and acknowledge to be subject to the same.
23.4 Notwithstanding anything herein, you agree and acknowledge that you shall use all reasonable efforts to negotiate with the Bank in good faith and settle amicably any dispute that may arise out of or in relation to this Agreement.