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Terms and Conditions
Citibank Vietnam
Terms and Conditions
 
Citibank Online User Agreement
CONTENTS
A. INTRODUCTION
B. OPERATIONAL RULES
C. GENERAL TERMS AND CONDITIONS
A. INTRODUCTION
1. Citibank Online Internet Banking ("Citibank Online") enables me to have direct access to my account(s) with you (the "Account(s)") or to effect certain financial services transactions by electronic means via the use of personal computers or similar access devices (the "Customer's Terminal"), as may be allowed by you from time to time. Access is provided through the World Wide Web. Accounts and services provided by you or your affiliates which I access through Citibank Online may be governed by separate agreements with you.
If I am not a Citibank account holder:
1.1 I can open an Account online (subject to conditions);
or
1.2 I will have restricted access to certain services offered through Citibank Online as a "Guest", if I do not open an Account with you (subject to conditions).
2. I agree to the terms and conditions ("the Terms") governing my use ("Use") of the services provided on Citibank Online ("Services"). If I do not agree to the Terms, I will not be entitled to use the Services. In addition, my Use of the Services is governed by the applicable Account terms and conditions issued by you from time to time and the specific terms and conditions in respect of the relevant service(s) and/or product(s). In the event of any inconsistency between the operational rules described herein ("Operational Rules") and the applicable Account terms and conditions issued by you from time to time and the specific terms and conditions in respect of the relevant service(s) and/or product(s), these Operational Rules shall prevail. I may call CitiPhone Banking at 1-800-1588 from 8:00AM to 8:00PM, [7 days a week] or visit any of Citibank's branches to obtain the applicable account terms and conditions issued by you and the specific terms and conditions in respect of the relevant service(s) and/or product(s).
3. I will have restricted access to certain services offered through Citibank Online as a registered user ("Registered User") subject to conditions.
4. The defined terms used herein shall have the meanings ascribed to them as follows:
4.1 "ATM" means an automated teller machine;
4.2 "ATM-PIN" means the ATM Personal Identification Number of the Citi ATM Card or Credit Card, which you shall allocate to me upon my request to utilise the ATM function of the Citi ATM Card or Credit Card, or such other number as you may from time to time authorise.
4.3 "Business Day" means any day on which banks are open for business in Vietnam but excludes Saturdays, Sundays and gazetted public holidays in Vietnam.
4.4 "CIN" means the Customer Identification Number as printed on the Citi ATM Card or Credit Card, or such other number as you may from time to time authorise.
4.5 "Citi ATM Card" means the card which you issue to me that enables me to be identified by my CIN (defined above) and, where I request for the ATM service, which will also enable me to execute certain transactions at ATMs of the branches of Citibank in Vietnam and certain other participating financial institutions in Vietnam and (if you at your discretion allow international access in using the Citi ATM Card) Citibank worldwide. In this Agreement, "Citi ATM Card" also means any other card issued by you in renewal or replacement of the Citi ATM Card which may have the same or different name from time to time.
4.6 "Credit Card" means a Citibank Visa and/or Mastercard issued by you as renewed and/or replaced, and if more than one card or if a supplementary card is issued, includes such other card(s).
4.7 "OSD" means the Online Security Device which you will provide to me upon my request for use (subject to conditions) to enable me to receive my OTP.
4.8 "OTP" means the one time use Personal Identification Number which you will notify me of via SMS or OSD to enable me to effect banking transactions through Citibank Online.
4.9 "SMS" means short message service provided by my mobile phone service provider which you may utilise to notify me of my OTP.
4.10 "You", "Your", "Yours" and "Citibank" refer to the branch of Citibank N.A. in Vietnam which I maintain an Account with.
4.11 "I", "Me", "My" and "Mine" refer to the person(s) who have one or more Account(s), and include such authorised signatories of mine as appointed by me in the Account opening application or under any letter of authority duly signed by me and received by you.
B. OPERATIONAL RULES
1. ALERTS
  This service allows me to request and receive specific and timely prompts (collectively, "Alerts", individually, an "Alert") in respect of certain information provided by you from time to time.
  I may be notified of each Alert via email and/or mobile phone (supported by certain phone operators only) to an email address and mobile phone number as provided by me subject to the relevant terms and charges of my internet service provider or phone operator.
  The Alerts service will be effective after you have successfully processed my request. The time for such processing will be determined by you at your sole discretion. I accept that each Alert may not be encrypted and may comprise my personal details and information pertaining to my Account(s).
  I am fully aware that my receipt of an Alert may be delayed or prevented by factor(s) affecting the relevant internet service provider(s), phone operator(s), stock exchange(s), currency market(s) and such other entities. I accept that you neither guarantee the delivery nor accuracy of the contents of an Alert. I am aware that I must promptly update you of any change to my email address and/or mobile phone number. You shall not be liable to me or anyone else for any losses or damages arising from (a) a non-delivery, delayed delivery, wrong delivery or partial delivery of an Alert; (b) inaccurate content of an Alert; or (c) my use or reliance on the content of an Alert for any purposes including investment and business purposes.
  You reserve the right to refuse or terminate any request by me for an Alert at any time. The information in respect of an Alert may be subject to certain time lags and/or delays. The features of an Alert will be varied by you at your sole discretion.
2. AMOUNT FOR ESTABLISHING A TIME DEPOSIT AND UNFIXED DEPOSIT
  Subject to your approval, I can establish a Time Deposit with a minimum of 50,000,000VND or its equivalent in other currencies. An Unfixed Deposit can be established with a minimum amount of 50,000,000VND or its equivalent in other currencies.
  If my Time Deposit and/or Unfixed Deposit are denominated in the same currency as my source account, I can establish the Time Deposit and/or Unfixed Deposit with an amount up to my available balance subject to your approval. If my Time Deposit and/or Unfixed Deposit is denominated in a different currency from my source account, I can establish the Time Deposit and/or Unfixed Deposit with an amount up to an equivalent of [ ] subject to your approval and subject to applicable conditions for currency conversion under Vietnamese law and as decided by you at your absolute discretion.
3. APPLYING FOR ADDITIONAL ACCOUNTS AND SERVICES
  If I apply for the opening of an Account or Service through Citibank Online, or ask to change an Account or Service I already am using, I authorise you to treat my application or request as if it had been made in writing and signed by me. I agree that approval of such Account or Service is purely based on your discretion.
4. CARDS ONLINE
  FlexiGiro, Credit Limit Increase and Rewards Redemption are also subject to the relevant product terms and conditions. I may call CitiPhone Banking at 1-800-1588 from 8:00AM to 8:00PM, [7 days a week] or visit any of your branches to obtain such terms and conditions.
  I may also request to do any of the following if I hold a valid Credit Card: (a) apply for a supplementary Credit Card; (b) apply for an upgrade (if one is available) of the Credit Card; (c) apply for a change in ATM-PIN; and/or (d) recommend a friend who wishes to apply for a Credit Card.
5. DIRECT DEBIT
  5.1 If I am a Citibank account holder, I understand that you would from time to time be identifying web sites where I may make acquisitions of products and/or services by making payments for the same through Citibank Online.
  5.2 I understand and agree that the list of web sites in respect of which I can utilise this Service will be displayed on the Citibank web site ([]) from time to time.
  5.3 I agree that I shall update myself as to the web sites available prior to making any acquisition on any web site.
  5.4 I shall ensure that upon placing the order with the merchants on the applicable web sites, I will note all the details of the orders placed accurately, including without limitation the customer order number and price payable.
  5.5 I agree and confirm that all orders placed by me on such web sites are orders between me, and the merchant supplying the products and/or services. You shall not at any time be deemed to be a supplier of the products and/or services or a party to such contract at any time whatsoever.
  5.6 I agree and confirm that you are merely providing a facility for making payments for the orders placed by me on such web sites and are not in any manner associated with or part of the contract for the purchase or sale of the products and/or services. I hereby specifically agree and acknowledge that I shall make all such independent inquiries as I may deem fit in respect of the products and/or services offered by the merchants on the applicable web sites.
  5.7 I hereby confirm that I am not placing the order with the merchants on the applicable web sites based on any representation or statement made by you or any affiliate or subsidiary of Citigroup Inc. and if I shall place any order on the designated web sites, I shall do it out of my own volition and shall not in any manner hold you or any affiliate or subsidiary of Citigroup Inc. responsible for any deficiency, defect or incomplete products and/or services.
  5.8 I agree that I shall provide payment instructions solely and exclusively on your web site ([ ]) or such other web site as may be designated by you from time to time in writing.
  5.9 I shall ensure that I will not in any manner release any confidential data, including my ATM-PIN / OTP/CIN to the merchant during my access to the various web sites and I shall indemnify you for any loss you suffer as a result of my use of such merchant web site.
  5.10 I shall ensure that while giving any payment instructions, I shall particularly take care to ensure that each letter of the words forming part of the site-name/domain name is correctly typed in.
  5.11 I understand and agree that you shall not be responsible for any errors caused in respect thereof. I shall not give my ATM-PIN/OTP/CIN if I am on an incorrect site and I shall give payment instructions only after I have ensured that I am on the correct Citibank web site. While communicating the payment instructions to you, I shall provide you with such details as you may require, including without limitation order details, details in respect of the web site on which the purchase order was placed and the relevant customer order number. I shall indemnify you for any loss resulting from any inaccurate information given to you.
  5.12 I confirm that you shall not be required to make any independent verification in this regard and you shall be entitled to rely on the details as typed in by me.
  5.13 I confirm that by virtue of requiring you to make any payment in respect of the products and/or services acquired by me from a designated merchant, I shall not hold you responsible for any delay in delivery, non-delivery or defective, deficient or unsatisfactory products and/or services and I confirm that I shall not associate you with the merchants for any purpose whatsoever. I further confirm that you shall not be responsible for the quality or merchantability of the products and/or services purchased.
  5.14 I understand that you shall not be responsible for any loss I suffer as a result of any acquisition from any designated merchant and my only cause of action in respect of loss hereafter shall be solely against the designated merchant. I shall not hold you or any affiliate or subsidiary of Citigroup Inc. responsible for my inability to make a recovery for any loss and my only recourse shall be against the designated merchant.
  5.15 I confirm that you may for any reason whatsoever refuse to honour my instructions to transfer funds to the designated merchant in such circumstances as you may deem fit. I also confirm and agree that I shall not hold you responsible for any failure to process payment instructions by reason of the failure of the Direct Debit service or any other technical failure or any other reason whatsoever.
  5.16 I confirm that you shall not be responsible in the event of a designated merchant failing to refund any moneys on my request and my sole and exclusive recourse shall be against the designated merchant.
  5.17 I confirm that in the event of any dispute with the designated merchant, I shall not make you a party to the dispute.
  5.18 I confirm that you may at any time alter the terms and conditions relating to the Direct Debit service in particular the mode and the manner of making payments and I shall be bound by all such amendments.
  5.19 I am aware that you may from time to time and for any reason discontinue the Direct Debit service offered in respect of a particular site even after I have placed an order and in such event you may refuse to make payment for products and/or services acquired from such site.
  5.20 I shall ensure that I update myself on a regular basis as to the details of the web sites on which the Direct Debit service may be utilised and shall not require you to make any payments for products and/or services acquired from web sites other than the web sites identified (and as may be modified from time to time) by you.
  5.21 I agree that you may place limits from time to time on: (a) the number of transactions that I may enter into during a particular period; and (b) the aggregate amount of payments that I may make on transactions during a particular period.
  5.22 I hereby agree to abide by and with all limits that may be placed by you from time to time. I shall not hold you responsible for refusing to honour any of my instructions whether in violation of the said limits placed by you, or otherwise.
  5.23 I agree that in the event of any misuse of the ATM-PIN/OTP/CIN or any purported or fraudulent use of my Account, I shall not hold you liable for any loss suffered by me.
6. OBTAINING ACCOUNT BALANCE AND TRANSACTION HISTORY
  I can use Citibank Online to access the balance and transaction history on all my eligible Account(s). The Account(s) summary balance will be shown in the Vietnam Dong equivalent, and the exchange rates used for calculating the Vietnam Dong equivalent for my foreign currency Account(s) are indicative only. The summary balance of my foreign currency Account(s) will be shown in the US Dollars equivalent, and the exchange rates used for calculating such US Dollars equivalent for my foreign currency Account(s) are indicative only.
7. CITIBANK ONLINE ELECTRONIC STATEMENT(S) FACILITY
  I agree that by using the Citibank Online Electronic Statement(s) Facility ("Electronic Statement(s) Facility"), I accept and agree to be bound by all the terms and conditions governing the Electronic Statement(s) Facility, including without limitation all the following paragraphs and to pay any fee associated with the use of the Electronic Statement(s) Facility. I shall abide by any and all laws, rules, regulations and official issuances applicable to the Electronic Statement(s) Facility, now existing or which may hereinafter be enacted, issued or enforced under any jurisdiction, as well as such other terms and conditions governing the use of other facilities, benefits or services you may from time to time make available to me in connection with the Electronic Statement(s) Facility.
  I understand that the Electronic Statement(s) Facility allows me to use your online viewing facility wherein you will provide through the medium of my computer terminal the electronic form of the monthly statement(s) of my Account(s) ("Statement(s)"), to allow me to receive my Statement(s) online on statement date (as determined by you) as well as allow me to transmit instructions relating to the Electronic Statement(s) Facility.
  I agree that the availability of the electronic form of my Statement(s) on statement date (as determined by you) shall be deemed the date of delivery of the monthly Statement(s) to me.
  I agree that you reserve the right to impose such fee(s) for the use of the Electronic Statement(s) Facility from time to time at your absolute discretion without my prior consent.
  I agree that you have the absolute discretion to make Electronic Statement(s) Facility available to me. Further you have the discretion from time to time to modify, restrict, withdraw, cancel, suspend or discontinue the Electronic Statement(s) Facility without giving any reason and I understand that by using the Electronic Statement(s) Facility after any modification or change has been effected, I am deemed to have agreed to such modification or change.
  I shall enroll in the Electronic Statement(s) Facility and shall provide my email address(es). You have the absolute discretion, without giving any reason or notice, to reject any request for my enrollment in the Electronic Statement(s) Facility.
  I represent that I am the registered owner on record of the email address that I have provided to you for the purpose of, among other things, the provision to me of my Statement(s) in electronic form. I agree that I will immediately advise you of any changes to my said email address. I understand that the provision of the Electronic Statement(s) Facility to me is subject always to you having on record my current postal mailing address and telephone contact number.
  Upon my enrollment to the Electronic Statement(s) Facility, the paper form of my monthly Statement(s) will cease to be generated on the next statement date. Instead, you will generate on statement date an electronic form of the Statement and I agree to accept and view in a timely manner, the electronic form of the Statement(s).
  Cancellation of use of the Electronic Statement(s) Facility may be effected by me or you. You reserve your right to reject or cancel my enrollment in the Electronic Statement(s) Facility. You shall, prior to canceling my enrollment to the Electronic Statement(s) Facility, give notice of such cancellation through electronic or paper document, sent to me at my last known email or other address.
  Upon cancellation, you shall automatically generate the paper form of my Statement and send the same to my designated mailing address on the next statement date. Provided that if my enrollment to the Electronic Statement(s) Facility is cancelled by me, you are obliged to generate and send the paper form of my Statement only after receipt of my notice of cancellation, on the next statement date.
  I agree that you shall not be liable if I am unable to gain access to the Electronic Statement(s) Facility. I understand that while the Electronic Statement(s) Facility is available to me once effected, 24 hours a day, some or all of the services thereon may not be available at certain times due to maintenance and/or computer, telecommunication, electrical or network failure or other causes beyond your control.
  I agree that you shall use reasonable effort to ensure that the Electronic Statement(s) Facility is secure and cannot be accessed by unauthorised third parties. However, I acknowledge that you do not warrant the timeliness, security, secrecy or confidentiality of any information transmitted through any applicable internet service provider, network system or such other equivalent system in any jurisdiction via the Electronic Statement(s) Facility and will not hold you responsible for any losses suffered by me as a result thereof.
  The Electronic Statement(s) Facility uses proprietary software of yours, any affiliate or subsidiary of Citigroup Inc. and/or other software suppliers. I agree that you have granted me a non-exclusive license to use this software in connection with the Electronic Statement(s) Facility which allows me to use such software only for its intended and lawful purposes. I agree that I shall not disassemble, decompile, copy, modify, or reverse engineer any such software or allow or assist anyone else to do so whether directly or indirectly.
  I agree to examine and view online the Statement(s) in a timely and prompt manner. If there is delay or failure in the delivery of the electronic form of the Statement, I agree to contact your CitiPhone Banking at 1-800-1588 from 8:00AM to 8:00PM, 7 days a week].
  I agree that in the event of any error appearing in the Statement(s), I shall notify you immediately of said error by sending you a secured message via Citibank Online Secure Email or calling your CitiPhone Banking at 1-800-1588 from 8:00AM to 8:00PM, 7 days a week]. If no error is reported to you by the aforesaid means within thirty (30) days from the statement date, I agree that such Statement shall be deemed to be true and correct.
  I agree that all my online communications including requests or reports on any error in my Statement(s) will be sent online to you and all such communications shall contain the following information: (a) name and account number; and (b) details of the error. However, I shall not hold you responsible if any of my online communication is not received by you, or in a form readily understood by you so that you may act on it. Further I shall indemnify you for any losses you may suffer arising from my accessing or using any of the services from the Electronic Statement(s) Facility.
8. SECURE EMAIL
  All instructions via email received by you shall be attended to at your absolute discretion by the next Business Day.
  I agree that proof of any transmission via Citibank Online shall not constitute proof of receipt thereof by you.
9. TRANSACTION RECORDED IN MONTHLY STATEMENT
  You will not print or issue any advice or confirmation for any transaction conducted via Citibank Online, although such transaction will be recorded in the monthly statements issued to me by you. I may generate a print-out of such transaction from the Customer's Terminal. I agree to examine these monthly statements and if there are any errors, I shall notify you immediately by sending you an email via your web site or calling your CitiPhone Banking at 1-800-1855 from 8:AM to 8:00PM, 7 days a week. If no error is reported within thirty (30) days, the monthly statement is deemed to be true and correct.
10. PAYMENTS & TRANSFERS
  The Payments & Transfers service allows me to transfer funds or pay bills through Citibank Online. I can use the following services without pre-arrangement, as may be allowed by you from time to time: -
  - Transfer Funds Between my Citibank Account(s)
- Transfer Funds to Another Citibank Customer
- Transfer Funds or Pay to Another Individual/Organisation in Vietnam
- Transfer Funds from My Bank Accounts In Another Bank (Inbound Funds Transfer (IFT))
- Transfer Money To Any Account Abroad (subject to conditions imposed by Vietnamese laws and your verification of relevant supporting documents)
- Transfer Funds To Another Citibank Account Abroad (Citibank Global Transfer) (subject to conditions imposed by Vietnamese laws and your verification of relevant supporting documents)
- Pay My Bills
- Set Up a Standing Order
- See, Change or Cancel a Standing Order
- Add a New Payee
- See or Delete a Payee
  You will process my payment and/or transfer instructions given on any day by the next Business Day unless otherwise specified by you.
  You shall not be obliged to carry out any payment or transfer instructions unless and until my Account(s) with you and/or overdraft has sufficient funds or credit to effect the relevant payment or transfer. Funds for payment or transfer instructions will be withdrawn from my Account(s) by the next Business Day or such other day as you may at your absolute discretion determine.
  You cannot guarantee the time at which the receiving banks or billing organisations will credit the account(s) of my payees. To avoid incurring a finance charge or other charge, I must initiate a payment or transfer instruction sufficiently in advance of the due date of my payment.
  There is no limit to the number of payments and transfers I can make in any one Business Day. I can transfer any amount between my Account(s). I can transfer or pay any amount to several payees (including any Citibank customer who is not on my payee's list), up to such amount prescribed by you from time to time. You may at your absolute discretion and from time to time revise such transfer limits or impose additional conditions.
  If I wish to transfer funds from any Account(s) and you have placed a hold in respect of such funds, I can only transfer such funds from such Account(s) after the expiry of the hold period.
  I accept that you may at your sole discretion credit the account(s) of the relevant payee(s) or issue a cheque or cashier's order to such payee(s) pursuant to the relevant payment or transfer instruction. I acknowledge that you are not responsible for any interruptions, errors, omissions or delays in the issue or remittance of such cheque or cashier's order howsoever arising, and you are entitled to debit the full amount of such cheque or cashier's order so issued.
  You shall not be responsible for any charges imposed or any other action taken by a payee including but not limited to any of the following situations: -
  a) I do not have sufficient funds in my Account(s) to make a bill payment or transfer;
  b) an order of court directs you to prohibit withdrawals from my Account(s);
  c) my Account(s) is/are closed or my Account(s) (or any funds therein) has/have been put on hold;
  d) the transfer or bill payment will cause my Account(s) balance to go over the credit limit for any credit arrangement set up to cover overdrafts;
  e) I have not provided you with complete and correct payment information, including without limitation the name, address, account(s) number, and payment amounts for the payee on a bill payment;
  f) I did not correctly use Citibank Online; or
  g) circumstances beyond your reasonable control (such as fire, flood or improper transmission or handling of payments by a third party) prevent the bill payment or transfer, despite reasonable precautions taken by you.
  You reserve the right to refuse or terminate my use of the Payments & Transfers service at any time without notice. I will indemnify you against any loss which you incur as a result of my act or omission in relation to or arising out of my use of the Payments & Transfers service.
  Pursuant to the Inbound Funds Transfer (IFT) Facility, I may give instruction to pay any amount owing to you by authorising any bank/finance company to debit my account maintained with such bank/finance company or by the Payer (hereinafter defined) authorising any bank/finance company to debit its account maintained with such bank/finance company and having the same credited to you and/or my Account or such other account as directed by me. "Payer" means me (if I nominate the bank/finance company account from which specified sums will be debited from) or the person who nominates the bank/finance company account from which specified sums (as determined by me) will be debited from and having the same credited to you and/or into my Account or such other account as directed by me.
  You will not be liable to me and/or to the Payor (as the case may be) for any delay, mistake, neglect or omission in the receipt of or transmission of any payment under or arising out of the IFT Facility or non-transmission of information or data (in whole or in part) through Citibank Online and/or your telephone banking service ("TBS") or such other means as permitted by you.
  You will not be liable to me and/or to the Payor (as the case may be) if you are unable to perform your obligations under the IFT Facility due to any reason whatsoever.
  You may use any agent, contractor or correspondent as you may deem fit to carry out or procure any of the matters or transaction under the IFT Facility and you will not be liable for any act, omission, neglect or willful default of such agent, contractor and/or correspondent.
  You will not be liable for any loss, damage, cost or expense which I and/or the Payor and/or any other person (as the case may be) may suffer or incur in connection with the IFT Facility or in connection with or as a result of your acting, or not acting, on my, or the Payor's (as the case may be), actual or purported instructions via TBS or Citibank Online or such other means as permitted by you or otherwise howsoever caused, including but not limited to any loss or damage arising from the application and/or use of funds by you as directed by me or any loss of damage, cost or expense which I and/or the Payor and/or any other person (as the case may be) may suffer or incur in connection with or arising out of the IFT Facility.
11. GLOBAL VIEW OF ACCOUNTS
  With Global View of Accounts service ("GVA Services"), I will be able to access a consolidated view of my account(s) with you and your affiliates via web sites belonging to you and your affiliates (including Citibank Online).
  11.1 Cross Border Data Transfer And Secrecy Waiver
    I understand that you and your affiliates will provide the GVA Services to me through facilities located outside Vietnam. In order to create and maintain a user profile for me, and to provide the GVA Services to me, you and your affiliates may need to access information about me, my account(s) and my relationship with you and your affiliates from or through, or send such information to, Citibank branches, affiliates or service providers (including Citibank's affiliates with which I maintain an account relationship) that are located outside the jurisdiction where the relevant account is maintained and may be located outside Vietnam. Such information may temporarily or permanently reside in locations outside Vietnam, or the jurisdiction where the relevant account is maintained and such information therefore may be subject to supervision by the regulatory authorities in each jurisdiction where services are performed or information resides, or the jurisdiction where the relevant account is maintained and in the jurisdiction of my residence or citizenship.
  Therefore, in connection with the provision of the GVA Services to me, I authorize and consent to such cross-border disclosure and access. In addition, I hereby release you and your affiliates from any duty you and your affiliates might otherwise have to observe banking secrecy and/or privacy laws of any jurisdiction. I also authorize you and your affiliates to access information about me, my accounts and my relationship with you and your affiliates , via the Internet, from inside and outside the country where I maintain my account relationship and from inside and outside the country where my accounts with you and your affiliates are booked, held and/or serviced. I further authorize you and your affiliates to disclose to each other and to such third parties as you and your affiliates deem necessary, such information regarding me, my accounts and my relationship with you and your affiliates as may be required from time to time to provide the GVA Services to me. I expressly acknowledge and agree that in doing so, data about me, my accounts and my relationship with you and your affiliates will be transferred cross-border.
  I also acknowledge that the information available to me via the web site of you and your affiliates, including my account information, can become subject to the legal systems and laws in force in each state or country (a) where it is held, received or stored by you, your affiliates or me, (b) from where it is accessed by you, your affiliates or me, or (c) through which it passes. I understand that the information can become subject to disclosure pursuant to the laws of those states or countries and I acknowledge and accept the consequences that may result from such disclosure. In addition, because my account(s) may include information about more than one individual (e.g. where I maintain a joint account) and about my business relations with you and your affiliates, I acknowledge and accept that statements released to comply with legal process may contain information regarding my relationship with these individuals and with you and your affiliates.
  11.2 POTENTIAL DISCLOSURE OF CONSOLIDATED AND LINKED ACCOUNT INFORMATION
  In order for you and your affiliates to provide the GVA Services to me, you and your affiliates must transfer information about my accounts to the relevant web site from the your branch, subsidiary or affiliate where the accounts are held, and then consolidate and link that information to provide me with access to that information via the relevant web site. This information may reside, temporarily or permanently, on the said web site, and will be subject to the legal systems and laws in force in the jurisdiction where the relevant account is maintained, the jurisdiction of my residence or citizenship as well as those of Vietnam. I expressly acknowledge and agree, therefore, that the ability of you and your affiliates to access and download such account information via the web site may enable third parties, including official bodies and authorities and private persons, to compel you and/or your affiliates to disclose my interest therein and/or my relationship to other persons that have an interest therein, and I accept the consequences that may result from such linkage and disclosure.
12 GOVERNING LAW AND SUBMISSION TO JURISDICTION WITH REGARDS TO GLOBAL VIEW OF ACCOUNTS
  This Clause [12], as well as your performance of your obligations with respect to the GVA Services provided under this Agreement, will be governed by, and construed in accordance with, the laws of the jurisdiction where the relevant account is maintained, including any governmental acts, orders, decrees or regulations applicable to that branch where the account is maintained.
  The primary records with respect to the GVA Services provided to me will be maintained in facilities located in the jurisdiction which the relevant account is maintained. As noted above, you may provide all or a portion of the GVA Services to me from one or more countries, and information about me and my accounts and relationship with you may be transmitted from or through one or more countries. Such information therefore may also be subject to the laws, regulations and usages of each jurisdiction where these services are performed as well as in Vietnam and the jurisdiction where the relevant account is maintained.
  For any dispute relating to the GVA Services, I (i) irrevocably submit to the exclusive jurisdiction of the courts of the jurisdiction where the relevant account is maintained, provided that at your sole discretion, such jurisdiction shall not be exclusive; (ii) waive any defense of inconvenient forum; (iii) agree that any final judgment will stand and be enforceable in other jurisdictions by suit or as provided by law and will be binding on me, my heirs, executors, legal representatives, successors or assigns; and (iv) agree that any summons, process, or other legal document in connection with any such dispute may be served on me or my personal representatives by serving it at my mailing or release address.
C. GENERAL TERMS AND CONDITIONS
1. Citibank Online enables me to have direct access to the Account(s) or to effect certain banking transactions, (including, without limitation, secure email which comprises the activation of the transactions listed in the pre-structured electronic instruction form and the transmission of instructions to you, funds transfer and bill payments) by electronic means via the use of personal computers or similar access devices ("Customer's Terminal"). My Use of the Services shall be subject to the Terms, the applicable Account terms and conditions of Citibank and the specific terms and conditions in respect of the relevant service(s) and/or product(s) and to such other terms and conditions as you may at your absolute discretion determine from time to time.
2. You may at your absolute discretion, vary, amend or modify any one or more provisions of these terms and conditions at any time and you will notify me of any such proposed changes in such manner as you may in your absolute discretion, deem fit. If I do not accept such changes, I may terminate my Use of Citibank Online forthwith after you have given such notice of change. If I continue using Citibank Online after you have given such notice of change, I will be deemed to have accepted such change.
3. Where you in your absolute discretion make Citibank Online available to me, I shall be allocated an ATM-PIN, which you shall notify to me. I will also be allocated a CIN if I do not already have one. In order to access Citibank Online, I need to key in my CIN and ATM-PIN into the Customer's Terminal. In order to effect banking transactions through Citibank Online, I shall in addition to the CIN and ATM-PIN be allocated an OTP. I shall gain access to Citibank Online for purposes of effecting banking transaction upon the correct input of my CIN, ATM-PIN and OTP into the Customer's Terminal. I am responsible for keeping my CIN, ATM-PIN and OTP confidential, and I shall not reveal my ATM-PIN, OTP and/or CIN to any unauthorised party and shall take all steps to prevent discovery of my ATM-PIN, CIN and OTP by any unauthorised party. For security purposes, it is recommended that I memorise my CIN, OTP and ATM-PIN (instead of recording it down) and that I change my ATM-PIN regularly. I may change my ATM-PIN from time to time by using Change ATM-PIN screen within Citibank Online, and you will be entitled at your absolute discretion to reject any number I select as my substitute ATM-PIN without giving any reason therefore. In the event that my ATM-PIN is disclosed or discovered by any unauthorised party, I shall immediately change my ATM-PIN. You shall not be liable for any loss I suffer as a result of any unauthorised use of my CIN, OTP and ATM-PIN.
4. I authorise you to notify me of my OTP via SMS or OSD or such other electronic means that may be implemented from time to time. If notification is via SMS, I understand that you will send the SMS notification to my mobile phone number that you have on record. I acknowledge that in order for you to notify me of my OTP via SMS, I must provide you with my current mobile phone number. I agree that you shall not be liable if I am unable to gain access to or receive my OTP. If you have provided me with an OSD, I agree not to disassemble, decompile, copy, modify or reverse engineer the OSD or assist anyone else to do so whether directly or indirectly.
5. I authorise you to act upon any instructions, which are identified by any use of my CIN, ATM-PIN and OTP ("Citibank Online Use"). Such instructions, upon receipt by you, shall be effected at your absolute discretion.
6. The Services are available 24 hours a day, 7 days a week. However, some or all of the Services that may be accessed through Citibank Online may not be available at certain times due to the maintenance and/or malfunction of the Citibank system. In the event of such unavailability, I may call CitiPhone Banking at 1-800-1588 from 8:00AM to 8:00PM, 7 days a week or visit any of Citibank branch [please reinstate this] to conduct my banking transactions. I agree that you will not be responsible for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalised settings or my failure to access Citibank Online or any of the Services.
  My role is extremely important in the prevention of any unauthorised use or operation of my Account(s). I must promptly examine my statements upon receipt. If I discover any discrepancies, omissions, debits wrongly made, inaccuracies or incorrect entries in my statement, I must immediately call CitiPhone Banking at 1-800-1588 from 8:00AM to 8:00PM, 7 days a week.
  In addition, I should take precautions to protect my personal identification information such as my CIN, ATM-PIN, OTP etc.. This information by itself or together with information on my Account(s) may allow unauthorised access to and/or operation of my Account(s). It is my responsibility to protect my personal identification information and my Account(s) information. I am responsible for the use and operation of my Accounts, whether authorised by me or not.
  If I believe that my CIN, OTP and/or ATM-PIN may have been lost or stolen, or that someone has transferred or may transfer money from my Account(s) or otherwise has operated my Account(s) without my permission, I should notify you immediately by calling CitiPhone Banking at 1-800-1588 from 8:00AM to 8:00PM, 7 days a week.
7. You shall neither be liable for acting upon such instructions nor be obliged to investigate the authenticity or authority of persons effecting my instructions or verify the accuracy and completeness of my instructions. Such instructions shall be deemed irrevocable and binding on me upon your receipt of the same notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in respect of the terms of such instructions. I shall notify you immediately upon receipt of incomplete, garbled or inaccurate data or information from you. I shall also notify you immediately upon receipt of any data or information which is not intended for me and I shall delete such data or information from the Customer's Terminal immediately.
8. I shall accept full responsibility for all transactions executed via Citibank Online and in particular for ensuring the accuracy and completeness of my instructions.
9. I agree that you may without prior notice to me cancel or refuse to execute my instructions at any time without furnishing any reason and without incurring any liability.
10. You shall be entitled but not obliged to verify any instructions given via Citibank Online by calling back online or via telephone or any other means.
11. I represent that to the best of my knowledge, the Customer's Terminal and any other computer system through which access may be effected by any use of my CIN and ATM-PIN are free from any electronic, mechanical, data failure or corruption, computer viruses and bugs. I agree that neither you, any branches or subsidiaries of Citibank, N.A. are responsible for any electronic, mechanical, data failure or corruption, computer viruses, bugs or related problems that may be attributable to services provided by any internet service provider or information service provider, network provider, content provider, any server or such other equivalent system.
12. I acknowledge that all proprietary rights relating to and in connection with Citibank Online (including without limitation the Citibank web site) and all updates thereof, including without limitation any title, trade mark rights, patent rights and copyrights, shall at all times vest and remain vested in you.
13. You shall not be liable for and I shall indemnify you and keep you indemnified against any consequences, claims, proceedings, losses, damages or expenses (including all legal costs on an indemnity basis) whatsoever and howsoever caused that may arise or be incurred by you or any other party in providing Citibank Online to me, whether or not arising from or in connection with and including but not limited to the following:
  13.1 your taking of any instructions via Citibank Online and acting upon them;
  13.2 the improper or unauthorised use of Citibank Online, my CIN, ATM-PIN and/or OTP;
  13.3 any damage to the Customer's Terminal, related facilities or software as a result of any access to Citibank Online effected by my Use of the Service(s);
  13.4 any loss or damage caused by any access effected by my Use and/or my Use of the Service(s) being prohibited, restricted, delayed or otherwise affected by (i) the laws and regulations of the country from where the Service(s) is accessed and/or the terms and conditions prescribed by the relevant internet service provider, information service provider, network provider, content provider, server or such other equivalent system in such country of access; (ii) any law or regulation of any jurisdiction, regional or international authority which governs any use or any component of Citibank Online, the relevant internet service provider, information service provider, network provider, content provider, server or such other equivalent system; (iii) any act or omission by the relevant internet service provider, information service provider, network provider, content provider, server or such other equivalent system; (iv) your modifying, maintaining or upgrading the Citibank web site; and/or (v) your terminating or modifying Citibank Online;
  13.5 any loss or damage suffered or incurred by me or any other party as a result of my relying or acting or omitting to act upon any information which you obtain from any third party (including without limitation any pricing, stock quotes, estimates and descriptions of any merchandise, product and service ("Third Party Information");
  13.6 any access (or inability or delay in accessing) and/or use of any browser which you provide to allow access to Citibank Online, effected by my Use of the Services, or for any defect in any such browser;
  13.7 any errors or omissions in the information and materials contained in the Citibank web site;
  13.8 any delay or failure in any transmission, dispatch or communication facilities; or
  13.9 any variation, cancellation or discontinuation of Citibank Online or any part thereof by you.
14. I undertake not to commence any legal action or proceeding relating to and in connection with Citibank Online against you, any branch or subsidiaries of Citibank, N.A. more than two years after the cause of action has accrued.
15. All communications through Citibank Online which fulfil your internal requirements shall be deemed to be valid, accurate and authentic, and given the same effect as, written and/or signed documentary communications. I agree not to dispute the validity, accuracy or authenticity of any evidence of any instructions and communication effected by my Use of the Services, including such evidence in the form of your computer records, transaction logs, magnetic tapes, cartridges, computer printouts, copies of any communication, or any other form of electronic information storage. I further agree that the foregoing shall be conclusive evidence of such instructions effected by my Use of the Services and communications received or dispatched by you.
16. I understand that any access to Citibank Online will be effected through the internet service provider, information service provider, network provider, content provider, server or such other equivalent system in the country from where such service is accessed, and to this extent such access will also be subject to and governed by the relevant laws and regulations of that country and any terms and conditions prescribed by such internet service provider, information service provider, network provider, content provider, server or such other equivalent system.
17. You may at your absolute discretion and at any time without my prior consent:
  17.1 impose a fee for my Use of the Services, and for any re-extension thereof; and
  17.2 modify, restrict, withdraw or suspend any Service under Citibank Online without giving any reason therefore, and you shall not be liable to me for any loss or damage I or any other party may suffer as a result thereof.
18. Where you as part of Citibank Online to provide me with any Third Party Information, I acknowledge and agree that you do not thereby warrant the accuracy or completeness of any such Third Party Information.
19. Where you to provide me (whether online or by way of CD-ROM) with a browser for the purpose of accessing Citibank Online, my use of the browser is subject to any payment, licensing and/or other terms prescribed by the relevant browser provider.
20. Neither you, any branch or subsidiaries of Citibank, N.A., any internet service provider, information service provider, network provider, content provider, any server, or such other equivalent system makes any express, implied or statutory warranties relating to Citibank Online, the direct access software or services or browser including, but not limited to any warranties of merchantability, fitness for a particular purpose or non-infringement of third party proprietary rights unless disclaiming such warranties is prohibited by law.
21. You do not warrant the accuracy, adequacy or completeness of the information and material (including all text, graphics and links to other web sites) contained in your web site.
22. I agree that you have granted me only a non-exclusive license to use the software relating to and in connection with Citibank Online. This allows me to use such software only for its intended purposes as provided hereunder. I shall not distribute, disassemble, decompile, copy, modify or reverse engineer any of such software or allow anyone else to do so. Citibank Online gives me access to services and information from you, any branch or subsidiaries of Citibank, N.A., which may be presented with a distinctive "look and feel". These services, information and "look and feel" are your proprietary property. I may use such services only for my personal, non-business use and may not reproduce, sell or distribute all or any portion of the information provided to me by such services.
23. Although you shall use reasonable endeavours to ensure that Citibank Online is secure and cannot be accessed by unauthorised third parties, you do not warrant the security or confidentiality of any information transmitted through any internet service provider, information service provider, network provider, content provider, any server or such other equivalent system in any jurisdiction via Citibank Online.
24. My use of Citibank Online is personal to me, therefore I agree not to resell or make any commercial use of services available on Citibank Online. I agree that I shall not use the services available on Citibank Online for illegal purposes or for the transmission of material that is unlawful, harassing, libellous (untrue and damaging to others) invasive of another's privacy, abusive, threatening, obscene or that infringes the rights of others.
25. Citibank Online may be varied, cancelled or discontinued by you at any time without prior notice to me. After cancellation or discontinuation, Citibank Online may be reinstated in such manner and form on such terms and conditions as you may determine at your absolute discretion.
26. You shall use reasonable precautions to maintain the confidentiality of the information I have provided to you and the information I have created, inputted or developed in connection with my Use of the Services but because such information can be accessed through the internet I hereby acknowledge and agree that there can be no assurance that the information provided to me through the Services or any communication through email will remain secure. In addition, you may disclose such information to your employees, representatives, officers, agents and affiliates, as well as government entity or any other third party agent or service provider (a) for any purpose related to the conduct of your business or to the offering, providing or maintaining the Services (b) to comply with applicable rules, orders, subpoenas or other legal process, or in order to give information to any government agency or official requesting such information, or (c) for any other legitimate business purpose.
27. I expressly understand and agree that my use of the Services is at my sole risk. The Service is provided on an "As Is" and "As Available" basis.
  You expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  You make no warranty that (i) the Service will meet my requirements, (ii) the Service will be uninterrupted, timely, secure or error- free, (iii) the results that may be obtained from the Use of the Service will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet my expectation, and (v) any errors in the technology will be corrected.
  Any material downloaded or otherwise obtained through the Use of the Service is done at my own discretion and risk and you are not responsible for any damage to computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from me or through or from the Service will create any warranty not expressly stated in these terms.
  To the extent that any part of this section is not consistent with any other part of these terms, then this section will prevail.
28. I understand that I am required to be cautious when browsing on the internet and to use good judgment and discretion when making purchases, obtaining information, or transmitting information. From the Citibank web site, I may visit or be directed to sites containing information or material that may be offensive or inappropriate. You make no effort to review the content of these sites, nor are you responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites. In addition I understand that you do not endorse or control the content of any such sites and are not responsible or liable for any content, even though it could be unlawful, harassing, libellous, privacy invading for content that infringes or may infringe upon the intellectual property or other rights of another. I acknowledge that you do not pre-screen content, but that you and your designees will have the right (but not the obligation) in your sole discretion to refuse, edit, move or remove any content that is available via the Service.
29. I agree that you will not be liable for any harm direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if you have been advised of the possibility of such damages, resulting from (i) the Use or the inability to use the Service (ii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service (iii) unauthorised access to or alteration of your transmission of data (iv) statement(s) or conduct of anyone on the Service; or (v) any other matter relating the Service.
30. Except when caused by your intentional misconduct or gross negligence, I agree to protect and fully compensate you and your affiliates and service providers from any and all other third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney fees) caused by or arising from my violation of the terms of my infringement, or infringement by any other user of my Account, of any intellectual property or other right of anyone.
31. You reserve the right to change or discontinue, temporarily or permanently, the Service at any time without prior notice to me. In order to maintain the security and integrity of the service you may also suspend my access to the service at any time without prior notice to me. I agree that you will not be liable to me or any third party for any modification or discontinuance of the service.
32. You are not obliged to take any steps or carry out any transaction or service contemplated under the Terms (including but not limited to such obligations imposed on you or agreed to by you herein) or provided under Citibank Online if you believe that the taking of such step or carrying out of such transaction or service will be in contravention of any applicable law, regulation or directive.
33. You may broadcast notices or messages through Citibank Online to inform me of changes to the Terms, the Services, or other matters of importance; such broadcasts shall constitute notice to me. All notices to you must be made in writing. If any provision of these Terms is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The laws of Vietnam apply to the Terms without giving effect to its conflicts of laws provisions. The Terms constitute the entire understanding between you and me about the Services.