UOB KAY HIAN PRIVATE LIMITED ("UOBKH")
TERMS & CONDITIONS
GOVERNING INTERNET TRADING ("UOB Kay Hian Internet Trading")
 
Important: These terms and conditions (the "Terms and Conditions") are in addition to, and must be read in conjunction with, the Terms and Conditions Governing Relationship Between Clients and UOBKH For All Dealings (the "General Terms and Conditions"), our Guide and Cautionary Notes, all terms and conditions stated in the account opening forms for the opening of all of the Client's securities trading accounts with UOBKH (including margin trading accounts), and all other terms and conditions as UOBKH may prescribe from time to time.
   
1. Internet Trading System
   
1.1
The Client agrees that for the purpose of trading in securities (which expression shall, for the purpose of these Terms and Conditions, include unit trusts and any and all other financial products traded through UOBKH) through the Internet, the Client shall access and use the system provided by UOBKH and/or any other relevant party, at the website designated by UOBKH (hereinafter known as "UOBKH Internet Trading Service"). The Client shall be issued with a unique user identification code ("User ID") and unique password ("Password") by UOBKH or such other form of approved user identification ("ID") as to provide the Client access to, and use of, the UOB Kay Hian Internet Trading Service for the purpose of trading in securities. The Client shall be the sole authorised and exclusive person using the User ID, ID and/or Password (as the case may be) and shall be fully responsible for the use, protection and confidentiality of the User ID, ID and/or Password as well as all transactions executed through the User ID, ID and/or Password. If the Client (or any person) attempts to access the UOBKH Internet Trading Service using an incorrect User ID, ID and/or Password (whether once or within such number of attempts as UOBKH may decide from time to time) UOBKH shall be entitled (but shall not be obliged) to refuse access to and use of the UOBKH Internet Trading Service and take such steps as UOBKH may deem appropriate (including but not limited to the termination of all access to the UOBKH using that User ID, ID and/or Password (as the case may be)). The Client shall on becoming aware of any unauthorised access of the UOBKH Internet Trading Service or loss or theft of the User ID, ID and/or Password forthwith notify UOBKH and provide such particulars as UOBKH may reasonably require and, until actual receipt of such information and particulars by UOBKH, all losses arising from any unauthorised access of the UOBKH Internet Trading Service or theft of the User ID, ID and/or Passwords shall be borne solely by the Client. The Client shall safekeep and preserve the secrecy of his User ID, ID and/or Password and, failing which, shall indemnify UOBKH from and against any loss, cost (including legal costs on a full indemnity basis), expense and damage that UOBKH may suffer as a consequence of any unauthorised access and use of the UOBKH Internet Trading Service via his User ID, ID and/or Password. For the avoidance of doubt, UOBKH shall not be liable for any loss, cost, expense or damage arising from any unauthorised access of the UOBKH Internet Trading Service or theft of the User ID, ID and/or Password.
   
1.2
Any use of the UOBKH Internet Trading Service by the Client shall be in accordance with and subject to these Terms and Conditions. UOBKH hereby reserves the right to amend, vary and/or modify, from time to time and at its sole and absolute discretion, the provisions of these Terms and Conditions and to modify, add to, suspend or terminate the operation of the UOBKH Internet Trading Service (in whole or in part) or the services (in whole or in part) for the time being provided in, through or together with the UOBKH Internet Trading Service at any time for any reason whatsoever and in any manner as it may deem fit without giving any prior notice thereof to the Client and without being liable for any loss, cost, expense or damage whatsoever resulting therefrom.
   
1.3
UOBKH further reserves the right to suspend, modify or terminate the Client's access to and use of the UOBKH Internet Trading Service (in whole or in part) and/or impose such conditions or directions in relation thereto from time to time and at its sole and absolute discretion as it may deem fit without giving any reasons or prior notice to the Client and without being liable in any way for any loss or damage whatsoever resulting therefrom. The Client accepts that its access to and use of the UOBKH Internet Trading Service will not necessarily be free from faults, errors, delays or defects in its design, engineering and/or operation. For the avoidance of doubt, the trading in securities through the UOBKH Internet Trading Service shall be subject to:-
 
   
(a)
such conditions, requirements, trading limits or other restrictions as may be imposed by UOBKH from time to time and whether or not prior notification thereof has been given to the Client; and
   
(b)
rules and regulations of the Singapore Exchange Securities Trading Ltd ("SGX-ST") or any other relevant securities exchange in Singapore or elsewhere for the time being in force and as may be modified or amended from time to time (including but not limited to the Rules and Bye-laws of the SGX-ST).
   
1.4
The Client shall use the UOBKH Internet Trading Service strictly in accordance with these Terms and Conditions. The Client shall not, and shall not in any way permit, enable, suffer or cause any person or entity, to:-
 
   
(a)
gain unauthorised access to or use of the UOBKH Internet Trading Service;
   
(b)
make any modifications, adjustments or alterations to any information or services available on the UOBKH Internet Trading Service;
   
(c)
tamper, restrict or otherwise interfere in any way whatsoever with any part, function or operation of the UOBKH Internet Trading Service;
   
(d)
use the User ID, ID and/or Password or any equipment/software in a manner which is inconsistent with these Terms and Conditions or detrimental to the functioning or operation of the UOBKH Internet Trading Service;
   
(e)
access, use, store, modify or redistribute in any manner inconsistent with these Terms and Conditions the information, materials or data obtained from the UOBKH Internet Trading Service whether through any other system equipment or software linked to the Client or otherwise; or
   
(f)
cause any failure, interruption, error, defect in, misuse of, impairment or corruption any part of the UOBKH Internet Trading Service or any information or services provided therein.
   
1.5
The Client shall be liable for and shall fully indemnify UOBKH from and against any and all actions, charges, losses, damages, demands, liability, claims, costs (including legal costs on a full indemnity basis), expenses and/or consequences howsoever arising in respect of or in connection with any breach of the Client's obligations under clause 1.4 above.
   
1.6
If in the sole opinion of UOBKH, any failure, interruption, error, defect in, misuse of, impairment or corruption of the UOBKH Internet Trading Service is or has been or is likely to be caused by any equipment or software of the Client, UOBKH may:-
 
   
(a) check and inspect the Client's equipment and software; and
   
(b) require the Client to disconnect, cease the use of, upgrade and/or modify the same at the Client's own cost.
   
1.7
The Client recognizes that the use of the UOBKH Internet Trading Service may involve the electronic transmission of information that may be considered personal financial information, including but not limited to the identity, the number of shares traded and the net price for such shares. The Client hereby consents to the transmission by electronic means of such information through the UOBKH Internet Trading Service; such consent shall be effective at all times that the Client accesses and/or uses the UOBKH Internet Trading Service.
   
   
2. Risks
   
2.1
The Client acknowledges and understands that the UOBKH Internet Trading Service is a communication tool made available by UOBKH to the Client at the Client's request to facilitate the communication between the Client and UOBKH via the Internet. The Client also acknowledges that there are security, confidentiality and other risks in the use of the UOBKH Internet Trading Service and the Internet which may be beyond the reasonable control of UOBKH and that, by electing to use and communicate through the UOBKH Internet Trading Service and the Internet, the Client accepts that all communications between the Client and UOBKH are made at the sole risk of the Client.
2.2
The Client agrees and accepts that prices of securities quoted on the UOBKH Internet Trading Service may change at any time and from time to time depending on the actual market conditions and accordingly, the Client's orders in respect of dealings in securities may not be executed or matched at the same prices as the prices then quoted on the UOBKH Internet Trading Service at the time of the issuance of any such orders.
2.3
The Client acknowledges and accepts that the execution or matching of his orders in respect of dealings in securities is dependent on the prevailing market conditions and that UOBKH accordingly does not and cannot represent nor warrant that any such orders transmitted through the UOBKH Internet Trading Service will be executed or matched on an immediate or timely basis.
2.4
UOBKH may from time to time provide Internet hyperlinks in the UOBKH Internet Trading Service to Internet webpages or services provided by third parties. UOBKH may also from time to time permit third parties to make available their services to the Client through the UOBKH Internet Trading Service. The Client hereby acknowledges that such webpages or services provided by third parties are beyond the control of UOBKH and that UOBKH neither endorses nor recommends to the Client any such webpages or services and accordingly, the Client agrees that any access or use of such websites or services by the Client shall be wholly at the Client's own risk.
3. Instructions, Verifications, Acknowledgements and Notifications
   
3.1
The Client hereby authorises UOBKH to rely and act on, and treat as fully authorised by and binding upon the Client, all orders, instructions and communications received by UOBKH through the UOBKH Internet Trading Service by UOBKH under or using the Client's User ID, ID and/or Password (hereinafter referred to as "Instructions").
3.2
All Instructions shall be deemed to have been given or made at the time and in the format received by UOBKH, and may be carried out by UOBKH without further verification with the Client. UOBKH shall be entitled (regardless of the circumstances prevailing at the relevant time and without further enquiry by UOBKH as to the genuiness of Instructions and/or the authority or identity of the person giving the same) to regard all such Instructions as valid instructions given by the Client notwithstanding that it may have been given by a third party with or without the Client's consent and/or authority. If any Instruction received by UOBKH is, or is regarded by UOBKH in good faith to be, ambiguous, contradictory or conflicting, UOBKH may either disregard such Instruction (in whole or in part) or carry out or execute such Instruction (in whole or in part) in accordance to UOBHK's interpretation of such Instruction in good faith without further reference or consultation with the Client.
   
3.3
UOBKH shall be under no obligation whatsoever to effect any Instructions and shall be entitled to refuse to carry out the same without giving any reasons for such refusal and without incurring any liability whatsoever. Further, UOBKH shall not be responsible for any Instruction not being executed through the UOBKH Internet Trading Service for any reasons whatsoever.
   
3.4
Subject to the provisions of this Clause 3, all transactions executed or done by UOBKH in accordance with any Instruction shall be binding on the Client.
   
3.5
UOBKH hereby reserves the right to deactivate or revoke the Client's access to and use of the UOBKH Internet Trading Service if it suspects that the Instructions issued using the Client's User ID, ID and/or Password are or have not been duly authorised by the Client. In such event, UOBKH may require the Client to re-apply for a new User ID, ID and/or Password.
   
3.6
Any acknowledgement or notification issued or published by UOBKH via the UOBKH Internet Trading Service shall be deemed to have been received by the Client when the same was issued or published by UOBKH and the Client shall be bound thereby notwithstanding that such acknowledgement or notification may not have actually been received by the Client for any reasons whatsoever.
   
4. Countermand of Client's Instructions
   
4.1
Subject to Clause 4.2 below, all Instructions transmitted to UOBKH through the UOBKH Internet Trading Service shall be irrevocable and UOBKH shall be entitled to act on such Instructions (in whole or in part) in accordance with these Terms and Conditions notwithstanding UOBKH's receipt of any request by the Client to cancel or amend such Instructions. For the avoidance of doubt, UOBKH shall not be taken to have received or to have notice of any request for cancellation or amendment of Instructions from the Client until UOBKH communicates its receipt of the same to the Client.
   
4.2
Upon receipt by UOBKH of any request to cancel or amend any Instruction, UOBKH may, but shall not be obliged to, cancel or amend any Instruction after the Instruction has been transmitted to UOBKH. UOBKH shall use all reasonable efforts to act on the Client's request for the cancellation or amendment prior to UOBKH's execution of such Instructions, but UOBKH shall have no liability whatsoever if such cancellation or amendment is not effected. In the event that UOBKH cancels or amends, or attempts to cancel or amend, any Instructions at the Client's request, the Client shall be liable to pay any and all costs and expenses that may be incurred by UOBKH. For the avoidance of doubt, the Client shall be bound by the execution for him by UOBKH of any Instruction (whether in whole or in part) if and to the extent that such Instruction (or any part thereof) was not cancelled or amended by UOBKH for the Client pursuant to the Client's request.
5. Commission, Fees and Right of Debit
   
5.1
The Client agrees that UOBKH may, and is hereby authorised to, effect any payment to or from the Client's account pursuant to or in connection with any Instruction.
5.2
The Client shall pay UOBKH such subscription fees and other costs, charges, expenses and interest for the use of the UOBKH Internet Trading Service at such rate as may be determined by UOBKH from time to time and notified to the Client. UOBKH further reserves the right to recover from the Client any additional, special or out-of-pocket expenses incurred on the Client's behalf pursuant to any Instructions.
5.3
All other agreements between the Client and UOBKH for the payment of fees, costs, charges, expenses and interest shall continue to be in force and shall be in addition to and shall not be affected by these Terms and Conditions for the payment of fees, costs, charges, expenses and interest in connection with the UOBKH Internet Trading Service.
5.4
All fees, costs, charges, expenses and interest payable to UOBKH pursuant to these Terms and Conditions shall be made in the currency specified by UOBKH in each case.
5.5
At all times, the Client must ensure that he has sufficient funds to fulfil any and all payment obligations when due. Similarly, the Client at all times must ensure that he has sufficient shares in this securities account with the Central Depository (Pte) Ltd for delivery when due.
6. Limits
   
6.1
UOBKH hereby reserves the right at any time to set, vary or cancel the limits for any transaction type, facility, service and product that may be carried out or provided through the UOBKH Internet Trading Service, whether in monetary or numerical terms or otherwise, and to vary their frequencies and availability period.
6.2
UOBKH may limit, cancel or suspend the UOBKH Internet Trading Service in whole or in part at any time without giving any reason or prior notice and without incurring any liability and may add to, withdraw or change the types of transactions that may be available or carried out through the UOBKH Internet Trading Service.
7. Electronic Statements - Monthly Statement and Contracts
   
7.1 In consideration of UOB Kay Hian (“UOBKH”) making available contracts and statements to the client through the UTRADE website, www.utrade.com.sg, upon logging in to the client’s online trading account (known as the "Service"), and the client hereby agrees as follows:
7.2 The client shall agree to the terms and conditions relating to the Service as herein after provided, and the client confirms that these shall be in addition to and not in substitution of UOB Kay Hian’s standard terms and conditions governing its facilities and to the services which shall apply to the Service as if the said terms and conditions were repeated herein. In the event of a conflict between the terms and conditions of this agreement and any other relevant terms and conditions, the terms and conditions of this agreement will prevail to the extent of such conflict. The use of the Service will constitute the client's agreement to and receipt of these terms and conditions as well as the acknowledgement of the inherent risks in the transmission of contracts and monthly statement online.
7.3 The provision of this Service is at the UOBKH’s discretion, and such Service may be modified, suspended, withdrawn, cancelled or discontinued by UOBKH at any time. In the event of such modification, suspension, withdrawal, cancellation or discontinuance of the Service, UOBKH shall notify the client and shall revert to sending the contracts and statements in paper format to the client's last mailing address appearing on UOBKH’s record. Once the Service is provided to the customer, UOBKH will cease to provide the client with printed and mailed contracts and statements.
7.4 The client is the designated user of his/her UTRADE account and shall take all necessary security measures and precaution to ensure that the User ID and Password to the UTRADE account is not accessed by any unauthorized party.
7.5 The client may terminate the Service at any time by submitting the Application to Opt Out for UOBKH Electronic Statements form. The client understands that UOBKH will revert to sending the contracts and statements in paper format to the last mailing address appearing on UOBKH’s records.
7.6 The client acknowledges that UOBKH will use its best endeavours to ensure the security of the Service. Notwithstanding the foregoing, the client agrees that UOBKH shall not be liable in any manner for any disruption, unavailability of the Service, communication, electrical or network failure that may result in the E-Contracts and E-Statements being incomplete, unavailable or delayed in transmission. The client acknowledges that the information transmitted may be liable to errors, viruses, delay, interception, modification or amendment by unauthorized persons and the client acknowledges that transmission may be disrupted, interrupted, delayed or incorrect. The client shall not hold UOBKH responsible for any errors, viruses, delay, inaccuracy, losses, damages whatsoever arising from or in connection with the client use of the Service including but not limited to any interception, modification or amendment, disruption, interruption, delay or inaccuracy of e-mails or internet transmission or other communication equipment or facilities. For the avoidance of doubt, UOBKH shall not be responsible for any losses suffered whether direct, indirect, consequential, or special loss, even if the UOBKH shall have been advised of the same.
   
7.7 The client will not hold UOBKH responsible for any consequences that may arise as a result of any online communication between the client and UOBKH which may be lost in transmission (whether in whole or in part).
   
7.8 The client acknowledges and agrees that UOBKH shall have the right to amend any term(s) of this agreement at any time by giving such notice in writing to the client, whether by mail, facsimile, e-mail notification or otherwise or by placing prominent notices at UOBKH’s branches and/or UOBKH’s website and the client agrees to be bound by the same.
   
8. New Services, Hardware and Software
   
8.1
UOBKH may introduce new service(s) and/or new product(s) through the UOBKH Internet Trading Service at any time. By utilising such new service(s) and/or product(s) as and when such new service(s) and/or product(s) become available, the Client agrees to be bound by the terms and conditions as UOBKH may prescribe governing each such new service and/or product.
   
8.2
If new or different versions of the web browser or other software necessary for the operation of the UOBKH Internet Trading Service are available, UOBKH reserves the right not to support any prior version of the web browser or other software. If the Client fails to upgrade the web browser, obtain a supported web browser or to use a supported version of any other software as required by the UOBKH, UOBKH may reject Instructions sent by that Client.
   
8.3
UOBKH reserves the right to change the type or versions or specifications of any hardware or equipment that the Client may be required to use for the UOBKH Internet Trading Service, and in the event the Client fails to obtain the necessary hardware or equipment to use the UOBKH Internet Trading Service, UOBKH may reject Instructions sent by that Client.
   
9. Termination
   
9.1
Without prejudice to Clause 1 above, this agreement with the Client under the Terms and Conditions may be terminated by UOBKH in its sole and absolute discretion without giving any reason at any time and without giving prior notice to the Client and without incurring any liability whatsoever. Without prejudice to the generality of the foregoing, UOBKH shall be entitled (but shall not be obliged) to terminate these Terms and Conditions based on any grounds or reasons which will justify the termination or closing of any of the Client's accounts with UOBKH. For the avoidance of doubt, the Client may only terminate these Terms and Conditions upon giving fourteen (14) days' prior notice in writing to UOBKH.
9.2
For the avoidance of doubt, the Client's obligation to pay all fees, costs, charges, expenses and amounts accrued up to (and including) the date of termination shall survive the termination of these Terms and Conditions or the deactivation or revocation of the UOBKH Internet Trading Service.
10. Disclosure of Information
   
10.1
The Client agrees that UOBKH may without incurring any liability whatsoever, divulge or reveal to third parties any information whatsoever regarding the Client or any of the Client's account(s) maintained with UOBKH for such purposes as UOBKH may deems fit, including:
 
   
(a)
in order to link any of the Client's accounts maintained with UOBKH;
   
(b)
where UOBKH has entered into an agreement with another party, whether in Singapore or otherwise, to provide any service (including services available via UOBKH Internet Trading Service). In this case, UOBKH will provide that party with information about the Client's accounts, transactions, transfers or bill payments, and the Client's communications with UOBKH in order to carry out Instructions;
   
(c)
where it is necessary for completing transactions, transfers or bill payments or otherwise carrying out Instructions;
   
(d)
in order to market or promote any services or products of UOBKH;
   
(e)
in order to verify the existence and conditions of an account for a third party, such as a credit bureau, a payee, or any holder of a check issued by the Client or on the Client's behalf through UOBKH Internet Trading Service; or
   
(f)
in order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information.
   
10.2
For the avoidance of doubt, the Client agrees that UOBKH shall not be liable for any loss or damage that the Client may incur as a result of the negligence, act or omission of any third party referred to in the Clause 9.1 above.
11. Notification By Client
   
11.1
The Client shall promptly notify UOBKH and in any event within forty-eight (48) hours:-
 
   
(a)
of any failure to receive an appropriate response that an Instruction initiated by the Client through the UOBKH Internet Trading Service has been received and/or executed;
   
(b)
of any receipt of a confirmation of an Instruction that the Client did not place or an inaccurate or conflicting report, account statement or information relating to the Client's account;
   
(c)
of any discrepancy between any information or report produced or made available to the Client by the UOBKH Internet Trading Service on any medium (including but not limited to electronic means), or in the Client's portfolio, or an information source, and any other such report or confirmation of a trade or order;
   
(d)
if there is a discrepancy in the account balance, security positions or order status reported to the Client through the UOBKH Internet Trading Service;
   
(e)
(without prejudice to Clause 1.1) if there is any other type of discrepancy or suspicious or unexplained occurrence relating to the Client's UOBKH Internet Trading Service account.
   
   
12. Investment Information and Intellectual Property
   
12.1
UOBKH shall not be responsible in any way whatsoever for the content, accuracy, timeliness or completeness of any information, data or other services provided through the UOBKH Internet Trading Service.
   
12.2
UOBKH shall further not be responsible in the event that the Client is unable to access or use any information, data or other services available on the UOBKH Internet Trading Service, or if the same is in any manner delayed, suspended, terminated, corrupted or faulty in any way whatsoever.
   
12.3
The Client shall not reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit any of the information, data or other services provided by UOBKH via the UOBKH Internet Trading Service in any manner without the prior written consent of UOBKH, or use the same for any unlawful or unauthorised purposes. The Client hereby agrees to comply with any request by UOBKH to protect its copyrights, other intellectual property rights or moral rights, whether statutory or otherwise howsoever arising in the information, data or other services provided by UOBKH.
   
12.4
The trade and service marks of UOBKH displayed on the UOBKH web site are the sole and exclusive property of UOBKH and/or other relevant third parties. No right or licence is given for any reproduction or use of any such trade and service marks.
   
   
13. No Reliance on Information
   
13.1
The information provided on the UOBKH Internet Trading Service do not constitute professional advice from UOBKH nor should it be relied upon as such in relation to any investment decision, trading activities or orders placed by the Client who shall, at all times, rely on his own assessment and judgement in respect of any investment decision or proposed transaction. UOBKH makes no warranty or representation, expressed or implied, as to the information on the UOBKH Internet Trading Service, or as to its content, accuracy, completeness, timeliness or otherwise. The availability of information on the UOBKH Internet Trading Service should not be taken in any way as an inducement to trade or a solicitation for orders.
   
13.2
The Client understands that each participating securities exchange or association asserts a proprietary interest in all of the market data (including without limitation real-time quotes) which it furnishes to the parties that disseminate such data. The Client also understands that neither any participating securities exchange or association nor any supplier of market data guarantees the timeliness, sequence, accuracy, or completeness of such market data or any other market information, or messages disseminated by any party. For the avoidance of doubt, UOBKH shall not be liable in any way, and the Client agrees to indemnify and hold harmless UOBKH from and against any and all claims, demands, actions, losses, damages, liability, or costs, charges, counsel fees, and expenses of any nature ("Losses") arising from or occasioned by or in relation to (a) any inaccuracy, error, or delay in, or omission of, (i) any such data, information, or message or (ii) the transmission or delivery of any such data, information, or message, or (b) any Losses arising from or occasioned by or in relation to (i) any such inaccuracy, error, delay, or omission, (ii) the non-performance of, or (iii) interruption of any such data, information, or message, due either to any negligent act or omission by any disseminating party or to any "force majeure" event (i.e. events beyond the reasonable control of any disseminating party including but not limited to floods, extraordinary weather conditions, earthquakes, or other acts of God, fire, war, acts of terrorism, insurrections, riots, labor disputes, accidents, actions of government, communications, power failures, the malfunction of any equipment or software) or any other cause beyond the reasonable control of any disseminating party. The Client understands and agrees that the Terms and Conditions may be enforced directly against the Client by the securities exchanges and associations providing market data to the Client.
   
   
14. Exclusion of Liability
   
14.1
Without prejudice to the generality of the other clauses in the Terms and Conditions and in addition to the same, UOBKH shall not be liable to the Client or to any third party for any actions, losses, damages, demands, liability, claims, costs, charges or other expenses whatsoever and howsoever caused or arising from the following (including but not limited to any act, default or omission of UOBKH, its agents or independent contractors): -
 
   
(a)
the reliance or use of the information or trading and other services provided through the UOBKH Internet Trading Service;
   
(b)
any interruption, interference, delay, suspension, malfunction, breakdown, operator error, bugs, virus or loss of use of any of the services provided through the UOBKH Internet Trading Service;
   
(c)
any failure of any computer hardware, application software or other software utilised in relation to the provision of the services on the UOBKH Internet Trading Service whether of UOBKH, Singapore Exchange Ltd, or the Central Depository (Pte) Ltd;
   
(d)
any cause over which UOBKH does not have any reasonable control including but not limited to any governmental restrictions, exchange rulings, suspension of trading, war, acts of terrorism, strikes, industrial actions, civil commotions, the failure of any electronic or mechanical equipment, telephone or other communication systems lines or devices, public utility systems, unauthorised access or theft (including but not limited to theft of passwords, codes and/or log-in sequences);
   
(e)
any direct, indirect, consequential or incidental loss or damage of whatsoever nature and howsoever arising from or in connection with any delay, failure, neglect or omission to carry out or execute any orders or instructions given by the Client through the UOBKH Internet Trading Service; or
   
(f)
any inaccuracy, error, delay in or omission of any information or transmission or delivery of information.
   
14.2
Both the Client and UOBKH agree that no action, regardless of form, arising out of or in connection with the UOBKH Internet Trading Service or these Terms and Conditions , may be brought by the Client against UOBKH more than one (1) year after the cause of action has accrued.
   
   
15. Indemnity
   
15.1 The Client shall indemnify UOBKH for all and any actions, losses, damages, demands, liability, claims, costs, charges or other expenses which UOBKH may howsoever be subjected to in relation to the UOBKH's functions with respect to the UOBKH Internet Trading Service and including but not limited to in connection with or arising from:
 
   
(a)
any unauthorised Instructions or other instructions and data of the Client that might be transmitted through the UOBKH Internet Trading Service or any Instructions or such other instructions and data being inaccurate, garbled or incomplete;
   
(b)
the recovery of or attempt to recover by UOBKH from the Client any monies due to UOBKH or the enforcement by UOBKH of the terms of these Terms and Conditions ;
   
(c)
any change in any law, regulation or official directive which may have a material adverse effect on these Terms and Conditions or UOBKH; and
   
(d)
any breach by the Client of any of the Client's representations, warranties and obligations pursuant to these Terms and Conditions .
   
   
16. Communications
   
16.1
All notices, alerts and other communications to the Client may be sent by post, hand delivery, telex, cable or facsimile transmission, mobile phone, pager, electronic mail or such other manner as UOBKH may in its sole and absolute discretion deem fit, to the Client's last known address, telex or cable or facsimile number, mobile phone or pager number or electronic mail address in UOBKH's records.
   
16.2
The Client hereby undertakes to inform UOBKH immediately in writing of any change in the Client's address, telex or cable or facsimile number, mobile phone or pager number or electronic mail address.
   
16.3
All notices, alerts and other communications sent by UOBKH shall be conclusively deemed to have been received by the Client on the day following such posting if sent by post, notwithstanding that the same may be returned unclaimed; on the day of delivery if delivered by hand; and at the time and day of despatch by UOBKH if sent by telex, cable, telefax or electronic mail, despite any evidence or fact to the contrary and shall be deemed to be effective service for the purpose for which such notice, communication and/or other instrument was sent. A written statement by an officer of UOBKH confirming the posting or despatch of any such notice, alert or other communication from UOBKH shall be binding and conclusive evidence of this fact against the Client.
   
16.4
Subject as otherwise provided for by the Terms and Conditions , no communication from the Client to UOBKH may be effected by electronic mail or any other electronic media without the prior written consent of UOBKH. In any event, such electronic communication shall be deemed not to have been received by UOBKH until it is actually received by a person designated by UOBKH to receive such communication and unless such communication is in a format readily decipherable by UOBKH's computer systems.
   
   
17. Invalidity Of Any Provisions
   
  If any of the provisions of the Terms and Conditions or any part thereof shall be adjudged invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be in any way affected.
   
   
18. Law and Jurisdiction
   
  Trading on the Client's Account, together with any terms and conditions imposed on the Client (whether during the opening of the account or in these Terms and Conditions) are subject to and shall be governed by and interpreted in accordance with the Rules, Bye-Laws and Regulations of the Singapore Exchange Ltd as amended from time to time and the laws of the Republic of Singapore. The Client hereby irrevocably submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore and the Client further waives any objection to the proceedings on the ground that the proceedings have been brought in an inconvenient forum, save that UOBKH will be at liberty to proceed with any legal action against the Client in any court in any other jurisdiction.
   
   
19. Service of Process
   
  The Client agrees that in any legal action taken by UOBKH against him, service of any Writ of Summons or other originating process or any other court document (the "Court Documents") may be effected on the Client by leaving the same at the address given by the Client when opening his account or at the last known address of the Client after the opening of his account. Where such address is a postal box number or other mail address, then the service of the Court Documents may be effected by posting the same to such address and the Client hereby irrevocably confirms that service of such Court Documents in the manner stated above shall be deemed good and sufficient service on the Client, and the Client further agrees to waive all rights to demand personal service in respect of such Court Documents.
   
   
20. Contracts (Rights Of Third Parties) Act 2001
   
  A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any term of these Terms and Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.