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In addition to the terms and conditions, if any, provided on the relevant website, the following terms and conditions are applicable to the Bank’s internet banking services and products provided through its website(s) from time to time (the “Citibank Online Services”).
In consideration of the Bank making available the Citibank Online Services, the Customer acknowledges, accepts and understands the following.
1. By using the Citibank Online Services, the Customer has accepted and agreed to be bound by these Terms and Conditions, as amended by the Bank from time to time. The Customer agrees to pay all fees, expenses or charges applicable to the Citibank Online Services, which the Bank may (i) change from time to time in its discretion and (ii) directly debit to the Customer’s account(s).
2. The Customer irrevocably and unconditionally accepts as binding any transaction and/or instruction made or given in connection with the Citibank Online Services at the Customer’s own risk and responsibility. The Bank’s records of any transaction or instructions processed in connection with the Citibank Online Services shall constitute binding and conclusive evidence of such transaction or instruction for all purposes.
3. The Customer agrees that all security procedures used and implemented by the Bank are reasonable and adequate. The Customer shall safeguard and maintain as secret and shall diligently safeguard from disclosure and/or use by any other person(s) the Customer’s Cash Withdrawal Personal Identification Number (PIN), User ID’s, passwords and all other items included in the security procedures, or any other authentication methods/devices, as the Bank may provide from time to time, from being disclosed to any third parties or unauthorized personnel. The Customer further agrees and undertakes that:
a) The Bank is not required to make any investigations regarding the identity of the user gaining access to this service, other than the PIN, User ID and/or passwords (“ID&P”) provided in the security procedure, and any other additional security methods/devices implemented by the Bank at its discretion;
b) The Customer will be liable for the usage of the ID&P and any other authentication methods/devices used to access this service by authorized personnel, unauthorized personnel or any other third parties; and
c) The Bank can reasonably rely on the authenticity of transactions conducted by a user accessing this service by use of the security procedures. If the Bank has reason to doubt the genuineness of any instruction or transaction, the Bank may, in its discretion, choose not to process the instruction and/or transaction initiated through this service.
4. The Bank owns all information stored and transmitted through the Citibank Online Services and shall have the right to review, monitor, change or delete such information for security or administrative or any other purpose. The Customer acknowledges that the Bank will not provide the Customer any type of hardware and/or software for enabling the usage of the Citibank Online Services.
5. The Customer agrees that the Bank may at its own discretion:
a) Include additional banking products or services in connection with this service or discontinue some of the banking products and services provided in connection with this service;
b) Restrict the usage of the ID&P and/or any other authentication methods/devices; and
c) Restrict or terminate the Customer’s use of this service.
6. The Customer acknowledges that access to some of the banking products or services available through the Citibank Online Services may require additional processing within the Bank which may take time because of differences in time, business hours and business days between the place where the instruction or transaction is received and the place of accounts to be debited or credited.
7. The Customer agrees that the Citibank Online Services are provided exclusively for the benefit of the Customer. The Bank shall not be liable in any manner or form for providing the Citibank Online Services, including but not limited to, any of the following:
a) If the Customer is unable to access and/or utilize the Citibank Online Services due to any reason beyond the Bank’s control including any technical, communication or network malfunction or breakdown;
b) For any loss or damage that may arise or be incurred directly or indirectly by reason of the Bank’s carrying out the Customer’s transactions or instructions or from any malfunction or failure of Citibank Online;
c) For any change, alteration, additions or deletions to these Terms and Conditions, the Citibank Online Services, the systems of operation of the Citibank Online Services or the daily cut-off times; or
d) For any partial, incomplete, late or failed transfer or bill payment to any payee nominated under the Citibank Online Services due to reasons beyond the Bank’s control.
INVESTMENT SERVICES
These terms and conditions govern the purchase, sale and switching of mutual funds through the Citibank Online Services.
In consideration of the Bank making available internet trading of mutual funds through the Citibank Online Services, the Customer acknowledges, accepts and understands the following.
1. The Customer understands that investments in mutual funds involve certain risks and are not similar to bank deposits and that investments in mutual funds are not guaranteed by the Bank or its affiliates. Past performance of a mutual fund is no indication of future results, and values can fluctuate upwards or downwards. The Customer understands that the Customer’s investment may be worth less on sale or redemption.
2. Before the Customer invests in any mutual fund, the Customer will request a copy of the mutual fund's prospectus. The prospectus contains information on a mutual fund's objectives and strategies, risks and expenses. The Customer will read it carefully to make sure that the mutual fund is appropriate for the Customer’s goals and risk level.
3. The Bank will not be responsible for any investment advice or for the suitability of a mutual fund for the Customer. The Customer’s decision to invest in a mutual fund will be solely the Customer’s.
4. Certain mutual funds invest in international securities. The risk of investing in these mutual funds may include political and currency risks, foreign taxes and differences in financial accounting standards. The Customer will pay attention to these risks if the Customer is considering investing in an international or global fund.
5. Mutual funds will be held in the Customer’s account(s) for the Customer’s risk, and the Bank and its affiliates will not be liable for any loss, damage or diminution in the Customer’s investment.
6. As a mutual fund shareholder, the Customer may receive taxable dividends and capital gains. Taxes on such items can affect the returns the Customer realizes from the Customer’s mutual fund investment. The Customer understands and acknowledges that the Bank does not offer tax advice except to suggest that the Customer consider the impact of taxes and that the Customer may want to consult with the Customer’s tax advisor before making any mutual fund investment.
7. The Customer understands that in general an upfront fee is payable for the purchase of A class shares of mutual funds but there is no redemption charge on the sale of such shares. The Customer understands that in general a redemption charge is payable on the sale of B class shares of mutual funds but there is no upfront fee. The mutual fund’s fees and charges will be explained in the prospectus.
8. For some mutual funds, the manager may have waived all or a portion of the fees during a given period. This fee waiver would have the effect of increasing the fund's returns and should be weighed in evaluating the fund's performance. The Customer understands and acknowledges that the Customer can determine if a manager has waived any fees by reading the prospectus.
9. For mutual funds with sales charges or loads, the performance data should reflect the maximum charges. The Bank charges transaction fees on some mutual fund purchases and redemptions, which are not reflected in the performance data. If the fees were factored into the performance data, then the mutual fund's results would be lower.
10. The Customer understands and acknowledges that not all mutual funds are registered for sale in all countries. The Customer may ask a representative of the Bank about the availability of specific funds. In addition, not all securities, products and services described on the Bank’s website may be available to the Customer. The information contained on the Bank’s website is not an offer to sell or a solicitation of an offer to buy the securities, products or services described on the Bank’s website, and no offers or sales will be made in jurisdictions in which the offer and sale of these securities, products and services is not registered or otherwise exempt from regulation.
11. The Bank will have the right to disclose the Customer’s investments if required by applicable law, regulation or court or administrative order.
12. The Customer’s failure to provide subscription monies required for any product or transaction will entitle the Bank to liquidate the Customer’s holdings and charge the Customer’s account(s) for all costs and any loss or damage.
13. The Customer understands that in certain market conditions restrictions may be imposed on the Customer’s right to sell or redeem its investments in mutual funds.
14. The Bank may register the Customer’s investments in the mutual funds in the name of a nominee and hold the investments with a custodian at the Customer’s risk.
15. For purposes of this subsection titled Investment Services of this Section E, the Customer confirms that the Customer (a) is not a United States Person; (b) is the beneficial owner of all investments it makes through the Citibank Online Services; and (c) will not transfer the legal or beneficial interest in the investments it makes through the Citibank Online Services to a United States Person.
16. Mutual Funds purchased through the Citibank Online Services may neither be bought nor held directly by, nor may they be transferred to an investor who is a “United States Person,” described as any of the following: (i) a United States citizen or resident or US Greencard holder; (ii) a corporation, partnership or other entity organized or existing under the laws of any state, territory or possession of the United States; (iii) an estate or trust of which any executor, administrator or trustee is a United States Person; (iv) an agency or branch of a foreign entity located in the United States; (v) a discretionary or non-discretionary account held by a fiduciary for the benefit or account of a United States Person or (vi) a foreign partnership or corporation formed by a United States Person principally for the purpose of investing in unregistered securities.
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