BIBD ONLINE SERVICE AGREEMENT
These Terms and Conditions apply to the use by you of the Bank Islam Brunei Darussalam Berhad (BIBD) BIBD Online service.
In using our Services, you acknowledge that you have carefully read and understood the following Terms and Conditions ("Terms") and agree to be bound by the Terms stated herein.
1. Definitions
"Account or Accounts" means any account(s) opened and maintained with BIBD in respect of which the Bank allows transactions to be performed online through its BIBD Online Service.
"Agreement" means this BIBD Online Service Agreement and any modifications made to the Agreement from time to time including all documents pertaining thereto and any supplementary terms issued by BIBD which shall form part of this Agreement.
"Application" means an application to BIBD in such form and manner as may be required by or otherwise acceptable to BIBD for the provision to the Customer of any one or more of the facilities, services or products which BIBD may from time to time make available or provide through its BIBD Online Services.
"Applicable Laws and regulations " means all statutes, enactments, regulations, directives, circulars, notices issued by the relevant Authorities which BIBD is governed by/subject to.
"Banking Day" means a day on which BIBD is open for business excluding Sundays and gazetted public holidays in Brunei Darussalam.
"Cookie" means a small text file used to identify the user and verify the user’s access to the internet site.
"BIBD Online" means the BIBD Online system from time to time made available by BIBD, enabling the Customer to communicate with such BIBD through any electronic or telecommunications equipment or medium (including the Internet, any computer or other electronic or telecommunications equipment, terminal or system or otherwise).
"Customer" (including references to "you", "your", "yours", "user") means the holder of the Account(s) who is eligible for the Service and enters into this Agreement with BIBD.
"Instruction" means any request or application received or transmitted to BIBD by the Customer through BIBD’s BIBD Online Service.
"Instrument" includes any cheque, bill of exchange, note, bond, acceptance, instruction or order for payment or transfer, contract, certificate or other document.
"Loss" means any and all liabilities, losses (including indirect and consequential losses), damages, costs, charges and/or expenses of whatsoever nature or however arising, including legal fees on a full indemnity basis.
"Officer"means any director, officer, employee or servant of BIBD.
"Password" means any number, password or other names, phases, symbols or codes issued or assigned by BIBD to a Customer to enable the Customer access to any Account and/or to utilise the Services or operate any Security Token and includes any other number, password, name, phase, symbol or code issued, assigned or selected in replacement thereof. For avoidance of doubt, “Password” includes one-time passwords (“OTPs”) and response codes generated by Security Tokens.
"Security Token" means any security token, security device or such other storage device issued and designated by BIBD for use by the Customer including or incorporating any replacements, upgrades, or enhancements thereto [to generate one-time passwords (OTP) or response codes] for the purpose of enabling BIBD to verify the identity of the Customer User for his availment of the BIBD Online Service.
"Services" means any credit, banking or other facility product or service provided by BIBD to the Customer via BIBD Online).
"Transaction" includes any transfer, withdrawal or payment.
"BIBD" (includes references to "we", "us", "our") means Bank Islam Brunei Darussalam Berhad and its Group of Companies and its successors and permitted assigns.
"User ID" means the identification provided for you to enable you to have access to your account(s).
"Website" means the website owned, established and maintained by the Bank presently located at www.bibd.com.bn or such other website as the Bank may designate from time to time.
1.2 The headings or titles to the Conditions in this Agreement are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of this Agreement.
1.3 Where the context so admits, the singular shall include the plural and words in the masculine gender shall include the feminine gender and/or neutral gender and vice-versa.
1.4 The rights of BIBD with respect to any matter conferred under any provision of this Agreement shall be additional to the rights conferred under any other provision of this Agreement with respect to the same matter.
1.5 Any reference to a party in this Agreement shall include a reference to his successors in title and permitted assigns.
1.6 BIBD reserves the right to amend, modify and/or vary the terms of this Agreement from time to time in addition to any other agreements which the Customer may have with BIBD.
2. Application of Agreement
2.1 This Agreement shall constitute an agreement between the Customer and BIBD and shall apply not only in relation to those Account(s) and services currently requested or applied for by or for the Customer but also to any and all other Accounts currently maintained by the Customer with BIBD and all Services currently utilised by or for the Customer and all Accounts which may be subsequently opened or established and to other Services which have been or would be utilised by the Customer from time to time.
2.2 In the event of any conflict or inconsistency between any of the provisions of this Agreement and any of the provisions of any previous agreement between BIBD and the Customer with respect to any Account or Services, the provisions of this Agreement shall prevail and supersede any previous agreement governing the same.
2.3 Notwithstanding anything to the contrary herein, the terms of this Agreement shall not affect or diminish in any way the rights of BIBD referred to or set out in the Website, including but not limited to any and all exclusions, disclaimers and limitations of any liabilities of BIBD referred to or set out in the Website.
3. Services
3.1 The Services enable the Customer to:
(a) view Accounts and give Instructions to BIBD in relation to services and facilities the Customer receives from BIBD, and accounts and products that the Customer has with BIBD, being the accounts, services, facilities and products which are from time to time the subject of BIBD Online; and
(b) initiate Applications, place orders and conclude contracts for or relating to services and products of any kind which BIBD may offer from time to time.
3.2 By this Agreement the Customer authorises BIBD to:
(a) act upon the Customer's instructions given in respect of any of the matters referred to in Clause 3.l(a) and to act on and accept the Customer's instructions in respect of any of the matters referred to in Clause 3.1 (b); and
(b) add to BIBD Online all of the Customer's Accounts whenever opened which are the subject of BIBD Online. This applies to all of the Customer's Accounts existing at the date of this Agreement and those opened subsequently.
4. Instructions
4.1 BIBD shall only accept an Instruction if it has been effected through the Services using the appropriate User ID and Password and in accordance with the terms of this Agreement.
4.2 BIBD may but shall not be obliged to rely and act upon or carry out any Instruction, and to the extent that any such instruction is relied, acted upon or carried out by BIBD, then such instruction shall be deemed to have been given by the Customer to BIBD, notwithstanding anything to the contrary.
4.3 Subject to Clause 4.1 hereinabove, BIBD shall be under no obligation to check the authenticity of any Instruction or the authority of the person giving such Instruction. BIBD shall otherwise be entitled (but not obliged) to verify and be satisfied with respect to the identity of the person purporting to give any instruction or the source and origin of any Instruction. BIBD may defer relying or acting upon or carrying out any instruction unless and until it is satisfied as to the matters on which it had sought verification regardless of whether it is under any obligation to the Customer to act upon or carry out that Instruction.
4.4 In the event that BIBD decides to rely, act on or carry out any instruction or is otherwise under an obligation to do so in relation to any Instruction, BIBD shall be allowed such amount of time to act on or carry out any instruction as may be reasonable having regard to the systems and operations of BIBD and the other circumstances then prevailing. BIBD shall not be liable for any Loss arising from any delay on its part in acting on or carrying out any such instruction.
4.5 In the event that the Customer makes a request to BIBD to modify or cancel any instruction, BIBD will take all reasonable endeavours to comply with such request but shall not be liable for any failure to modify or cancel that instruction if BIBD receives such request at short notice or under circumstances that render it practically impossible to carry out the request.
4.6 Where any instruction to BIBD is ambiguous or inconsistent with any other instruction to the same, BIBD shall be entitled to rely, act on or carry out any instruction in accordance with any reasonable interpretation thereof which it believes in good faith to be the correct interpretation or refuse to act on or carry out the instruction until it receives a new Instruction in such form and manner acceptable to BIBD.
4.7 Where any Instruction to BIBD is inaccurate or incomplete, BIBD shall not be liable for any Loss or delay arising from the inaccuracy or incompleteness of such Instruction. The Customer shall be responsible for ensuring the accuracy and completeness of any Instruction given to BIBD.
4.8 BIBD may, at its sole discretion, refuse to act on or delay acting on any Instruction if it knows of or suspects a breach of security in respect of or in connection with the operation of one or more of the Accounts or the Services generally or if it has terminated this Agreement pursuant to Clause 13 herein. In the event BIBD does not act on or delays acting on an Instruction pursuant to the foregoing, the Customer shall be informed of this as soon as is practically possible.
4.9 All Instructions given to BIBD and transactions effected or made by the Customer on any day after the time stipulated by BIBD as the latest time by which Instructions or transactions of the same nature on that day should be effected or made, may at the sole election of BIBD be treated as Instructions or transactions given or transactions effected or made on the next Banking Day immediately following that day.
5. Security Tokens
5.1 BIBD grants the Customer a non-exclusive and non-transferable licence to use Security Tokens in respect of any Account as may be designated by the Customer and for the purposes of enabling the Customer to access BIBD Online and/or Services.
5.2 The Customer will not acquire any rights whatsoever to Security Tokens. Security Tokens shall at all times remain the property of BIBD and shall be returned to BIBD on demand.
5.3 Each Security Token may be used:
(a) to initiate, effect, perform and/or dispatch any instruction or any communication to BIBD;
(b) to obtain or utilise any Service that may be offered or made available by BIBD;
(c) to access and obtain information as may be permitted by BIBD (whether relating to an Account, Service or otherwise); and
(d) to effect any transaction with BIBD as may be made available by BIBD subject to the terms of this Agreement and to other restrictions, limitations, terms and conditions of BIBD then applicable.
5.4 The Customer shall procure custody of the Security Token at all times and shall not permit any other person to have access to or to use the Security Token issued.
5.5 BIBD shall be entitled to rely on and treat any Instruction made, submitted or effected by the use of any Security Token issued or provided or any Password generated by such Security Token.
5.6 BIBD reserves the right to terminate, suspend, cancel, decline to renew or replace any Security Token with or without prior notice to the Customer.
5.7 BIBD shall have no liability for breach of any implied term as to satisfactory quality, merchantability or fitness for purpose of any Security Token.
6. Password and User ID
6.1 The Customer shall procure that no other person shall be permitted use/access of the User ID ;
6.2 BIBD shall be entitled to rely on and treat any Instruction made, submitted or effected pursuant to the entry or use of the User ID and the Password of any Customer or that Password alone (and whether or not in conjunction with or generated by any Security Token or otherwise) as having been made, submitted or effected by the Customer unless notice of the disclosure or unauthorized use of the User ID and Password to effect any instruction has been given by the Customer by such means as BIBD may deem satisfactory and has been received by BIBD within such amount of time in advance of such instruction as BIBD would reasonably require (having regard to all the circumstances then prevailing) to enable it to take appropriate action to prevent such instruction from being received, acted upon and implemented.
7. Security
7.1 The Customer agrees to comply with the terms of this Agreement and any other instructions or recommendations BIBD may issue to the Customer regarding security in relation to use of BIBD Online and the Services.
7.2 The Customer acknowledges that security is a paramount concern in its access to and use of the Service and agrees that the Customer is solely responsible for ensuring access to and use of the BIBD Online and the Services and the Customer's control of User ID, Passwords, Security Token and access to BIBD Online and/or the Services.
7.3 The Customer must notify BIBD immediately if the Customer knows of or suspects any unauthorised access to BIBD Online and/or the Services or any unauthorised transaction or instruction or if the Customer suspects someone else knows the Customer’s User ID and Password and/or has access to the Customer’s Security Token. In the event of any such breach or suspected breach of security, the Customer must ensure that the Customer’s Password is changed immediately. The Customer agrees to comply immediately with all reasonable requests for assistance from BIBD and/or the Police in trying to recover any losses or identify actual or potential breaches of security.
8. Customer's Other Obligations
8.1 The Customer shall not use or disclose any material and/or information on the Website pertaining to Consumer Internet Banking and/or the Services other than to access and use the BIBD Online and/or the Services. The Customer further undertakes not to reproduce, sell, distribute or in any way whatsoever allow any third party access to the aforesaid material and/or information provided by BIBD on or via Consumer Internet Banking.
8.2 The copyright in and to the contents of the Website (save for information pertinent to the Customer's Account(s)) is owned by or licensed for use by BIBD. No part or parts of such contents may be reproduced, distributed, published, modified, displayed, broadcasted, hyperlinked or transmitted in any manner or by any means stored in an information retrieval system without the prior written consent of BIBD. The trade and service marks displayed on the Website are the sole and exclusive property of BIBD and/or other relevant third parties. No right or license is given for any reproduction or use of any such trade and service marks.
8.3 In the event that the Customer receives or retrieves any data or information from the BIBD Online and/or the Services that is not intended for the Customer, the Customer shall immediately notify BIBD, and procure that BIBD is promptly notified of such receipt or retrieval of such information and promptly delete and destroy and procure the deletion and destruction of such information.
8.4 The Customer shall respond to all enquiries and communications from BIBD regarding BIBD Online and the Services or any transaction effected or service provided through Consumer Internet Banking within the stipulated dates thereto.
9. Charges
9.1 BIBD reserves the right to charge and recover from the Customer service charges in connection with the provision of the Service.
9.2 BIBD shall be entitled to charge the Customer any goods and services tax or value added or other similar tax imposed by any Applicable Laws on any fees or charges payable by the Customer to it or for the provision of any Service or other service to the Customer.
9.3 The Customer shall reimburse BIBD for any and all disbursements, costs and/or other expenses incurred by it in connection with:
(a) the execution or implementation of any Instruction; or
(b) such other matters or transactions as it may in its sole discretion determine from time to time.
9.4` BIBD is entitled to debit any of your Accounts with BIBD with any amounts owing to us in respect of any fees, commissions or other sums due or payable to us in connection with your use of the Service. BIBD is not under any obligation to provide you with any prior notice .
9.5 Your obligation to pay BIBD the charges and all outstanding monies owed to BIBD shall survive the termination of these Terms or the deactivation or revocation of the Service.
10. Use of Cookies
10.1 BIBD shall use cookies to verify whether the Customer is logged into BIBD’s Internet Site. If the Customer’s browser is configured to reject all cookies, the Customer shall be denied access to BIBD’s Internet Site.
11. Authorisation to Disclose Information
11.1 The Customer irrevocably authorises BIBD and any of its Officers to divulge, reveal or disclose any and all of the particulars and information relating to the Customer, any Account or any Instruction to any of the following persons at any time:
(a) all courts, law enforcement agencies and relevant Authorities in Brunei Darussalam where the disclosure is required by law;
(b) any person which BIBD or any Officer in good faith considers to be appropriate for the purpose of providing the Services, including any agents, contractors or third party service provider which have agreed to perform works or services for BIBD in connection with and which affect or may affect the operation of any Account or Service or BIBD Online;
(c ) any person in connection with the use or maintenance of any Account or Service or the provision by BIBD of any service to the Customer or any person who owns, operates, provides or maintains any part of any system or equipment relevant to the provision of BIBD Online or any Service;
(e) any guarantor or surety of any indebtedness, liability or obligation of the Customer, including any person who provides any security to BIBD for any such indebtedness, liability or obligation; or
(f) any other person at any time where the particulars of any Account were inadvertently divulged, revealed or disclosed to or accessed by such person through no willful default of BIBD or its Officers.
12. Suspension, Variation and Termination of BIBD Online Service and Other Provisions
12.1 The Service may be suspended or terminated by BIBD at its sole discretion at any time either with respect to any Service or any service or facility provided incidental to the Service without any obligation of prior notice to the Customer.
12.2 BIBD Online may be varied by BIBD at any time either with respect to any Service or any service or facility provided through BIBD Online or generally by giving reasonable notice thereof to the Customer.
12.3 The Customer may terminate this Agreement by giving at least thirty (30) days prior written notice thereof to BIBD.
12.4 If the Customer commits a material breach of this Agreement or becomes insolvent, BIBD may terminate this Agreement with immediate effect with notice to the Customer.
12.5 Termination shall be without prejudice to any rights of either party which may have accrued up to the date of such termination and the rights to terminate this Agreement are not intended to be exclusive but shall be in addition to every other remedy or right now or hereafter existing
12.6 The Customer must ensure that the Customer does not effect any acts after the termination of this Agreement which will or may potentially compromise or affect the security of BIBD Online or the systems/securities of any other BIBD Online customers.
12.7 Where the Customer utilises any Service or any service or facility provided through BIBD Online, the Customer shall be deemed to have agreed to all the terms and conditions relating to the provision of such Service or service or facility which are then imposed.
13. Disclaimer
13.1 In addition and without prejudice to any other right or remedy which BIBD may have (at law or otherwise), so long as BIBD acts in good faith in acting upon or carrying out any Instruction, BIBD shall not be liable to the Customer in any respect for any Loss suffered by the Customer caused by or arising in any way from BIBD's execution or implementation of that Instruction or any matter arising there from.
13.2 BIBD shall not be liable to the Customer for any Loss caused by or arising from any one or more of the following events or matters, howsoever caused or occurring:
(a) any incompatibility between the Customer's equipment and BIBD Online, including but not limited to any adverse outcome, damage, loss, disruption, violation, irregularity or failure arising from the use of or reliance on computer hardware software, electronic devices, online networks and/or Internet browsers;
(b) any virus, default, defect, deficiency, harmful component or malfunction in and/or any breakdown, disruption or failure of any software or any telecommunications, computer or other electronic equipment or system (whether or not owned, operated or maintained by BIBD, the Customer, any Customer User, or any other person and whether or not used in the provision or operation of any Account or Service), including but not limited to:
(i) the inability or failure of any such software, equipment or system to accept and/or recognize and/or properly and accurately store, process and/or transmit dates or data incorporating or relying on dates, or the processing, storage and/or transmission of any inaccurate date or data by virtue of such inability or failure of any such equipment or system;
(ii) the failure of any such software, equipment or system (including any terminal) to accept, recognise or process any Password or User ID or Instruction; and
(iii) the transmission of any virus to any such software, equipment or system;
(c) any unauthorised or negligent use and/or access to information relating to the Customer's Account(s), instructions and other instructions issued by the Customer to BIBD as a result of the Customer's use of BIBD Online (except where such access is obtained as a result of such BIBD's gross negligence or wilful default);
(d) any loss or theft of any Customer User's User ID(s), Password(s) and/or Security Token(s);
(e) any failure or refusal by BIBD to effect any instructions given by the Customer or any Instructions, due to any order of court, notice, directive or any statute, regulation or by-law;
(f) any error(s) in transmission of the Customer's instructions or any other instructions, data or information of the Customer's that ought to be transmitted through Consumer Internet Banking;
(g) any inaccurate or incomplete instructions or any other instructions, data or information that might be transmitted through the BIBD Online by the Customer to BIBD;
(h) any failure of the Customer to follow the latest instructions, procedures, directions or recommendations for use of the Service;
(i) any delay in the payment, delivery or non-delivery of any document or material whatsoever under this Agreement, including any delay by third parties;
(j) any delay or refusal by the Customer to execute Instructions or other instructions which may be transmitted through the Service;
(k) any loss resulting from the Customer's reliance on any news, reports or any other information that may be provided as part of, or by means of the Services or BIBD Online;
(l) any loss associated with system failures, processing errors, software defects, operating mistake, hardware breakdowns, capacity, inadequacies, network vulnerabilities, control weaknesses, security shortcomings, malicious attacks, hacking incidents, fraudulent actions and inadequate recovery capabilities which may arise despite BIBD's best efforts;
(m) any disclosure of any information to third parties arising as a result of the Customer's own negligence or failure to keep the User ID(s), Password(s) and Security Token(s) confidential;
(n) any cessation, interruption or delay in transmission or any wrongful interception of any instruction through any telecommunications, computer or other electronic equipment or system (whether or not owned, operated or maintained by BIBD or by any other person and whether or not used in the provision or operation of any Account, Service or BIBD Online);
(o) any corruption or loss of any data (whether stored in any equipment, terminal or system, whether belonging to or operated by BIBD or the Customer) or instruction or in the course of transmission thereof through the Internet or any computer or any electronic or telecommunications equipment, terminal or system used or operated by BIBD or any other person whether or not in connection with any Account or the provision or operation of any Service or BIBD Online, including any errors generated in the transmission of any data or Instruction;
(p) any cessation or interruption of the availability or operation of the Service;
(q) any failure or refusal of BIBD or any other person to accept or honour any instruction;
(r) any inaccuracy or incompleteness in any information obtained from the use of any facility or service; and
(s) any breach of any of BIBD obligations or duties to the Customer caused by or arising from any one or more of the events stated or out in the foregoing sub-paragraphs of this Clause 13.2.
13.3 Without prejudice to the generality of the foregoing and notwithstanding any provision to the contrary in this Agreement or in any other agreement between BIBD and the Customer, BIBD shall not in any event be liable to the Customer for any indirect or consequential Loss, or for punitive damages, whether arising from any breach of BIBD's obligations to the Customer or otherwise.
13.4 No representation or warranty is made or given by BIBD to the Customer or any person and no obligation or liability is assumed by BIBD to the Customer or any person as regards the availability or continued availability or operation of any Service or any service or facility through BIBD Online or any telecommunication or electronic equipment, system or terminal (whether or not provided, operated or maintained by BIBD or otherwise) notwithstanding any provision to the contrary in this Agreement.
13.5 Without prejudice to any of the provisions herein, the Customer shall not make any claim or commence any legal proceedings against BIBD in respect of any loss incurred or suffered by the provision or utilisation of BIBD Online or any transaction effected through BIBD Online for which BIBD is liable to the Customer, more than one (1) year after the later of (i) the date when the event causing such Loss occurred; and (ii) the date of such transaction. Notwithstanding the earlier provisions of Clause 13, the Customer agrees that the Customer’s sole remedy and BIBD’s maximum liability to the Customer in respect of any such Loss shall be limited to the prevailing monthly subscription fees imposed by BIBD.
14. General Indemnity
14.1 In addition and without prejudice to any other right or remedy of BIBD (whetherunder any other provisions of this Agreement or otherwise) the Customer shall indemnify and hold BIBD harmless from and against any and all Loss suffered or incurred by BIBD as a result of any of the following:
(a) any failure by the Customer to comply with any of the terms and conditions of this Agreement;
(b) BIBD relying or acting on or carrying out any Instruction in any manner permitted under this Agreement;
(c) any change in any Applicable Laws;
(d) any act, omission or thing done or caused to be done by BIBD in connection with or referable to this Agreement or any Account or Service through no wilful default of the Bank, including but not limited to the disclosure by any Officer to any person of any information relating to any Service or Account or Instruction, whether by inadvertence or otherwise; or
(e) any virus, default, defect, deficiency or malfunction in and or any breakdown, disruption or failure of any software or any telecommunications, computer or other electronic equipment or system owned, operated and/or maintained by or on behalf of BIBD, due to or caused by the Customer or any of the Customer Users accessing and/or utilising BIBD Online.
15. Force Majeure
15.1 In the event that BIBD is unable to perform any of its obligations under this Agreement either in entirety or in part, by reason of causes beyond its reasonable control, including (but not limited to) malfunction/failure of equipment, computer systems, tele/data communications and services, fire, flood, explosion, acts of elements, acts of God, acts of terrorism, war, accidents, epidemics, strikes, lockouts, power blackouts or failure, labour disputes, regulatory requirements/demands, the performance of BIBD's obligations shall be suspended for so long as the disabling events shall persist and the Customer agrees not to hold BIBD liable for any delay, loss, damage or inconvenience howsoever caused in connection with any of the disabling events as aforementioned.
16. Miscellaneous
16.1 BIBD may amend, vary or supplement any terms or conditions of this Agreement by giving notice thereof to the Customer by any means BIBD deems fit, and any such amendment, variation or supplement shall take effect as between the Customer and BIBD as from the date specified in such notice or in the absence thereof as from the date of such notice.
16.2 If any of the terms and conditions herein becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of any other term or condition shall remain intact.
16.3 No failure to exercise or enforce and no delay in exercising or enforcing on the part of BIBD of its rights under any of the terms and conditions of this Agreement or relating to any Account or Service shall operate as a waiver thereof nor shall it in any way prejudice or affect the right of BIBD afterwards to act strictly in accordance with the powers conferred on BIBD under such terms and conditions.
16.4 This Agreement may, at BIBD's discretion, be translated into a language other than the English language. The Customer agrees that such translation shall only be for its convenience and in the event of any ambiguity, discrepancy or omission as between the English text and any translated text, the English text shall prevail.
16.5 Any and all notices to be given under this Agreement must be communicated by post, facsimile transmission, electronic mail or through BIBD Online or by online messages posted on the Website. If by post the notice will be taken to have been received within five (5) days after posting by BIBD to the postal address most recently notified by the Customer and if by facsimile transmission, electronic mail, through BIBD Online or by online messages posted on the Website, immediately on dispatch.
16.6 Where BIBD introduces new services as part of the Services, BIBD may provide them on supplementary terms which will be notified to the Customer in accordance with this Agreement.
16.7 The Customer agrees that the records kept by BIBD shall be conclusive evidence of the Customer’s dealings with BIBD in relation to the Services.
16.8 The Customer agrees not to dispute the validity, accuracy or authenticity of any evidence of Instructions and communications transmitted in any electronical form between the parties. The Customer further agrees that all such records shall be binding upon the Customer and that the Customer will not be entitled to dispute the validity or authenticity of the same.
16.9 The Customer agrees that all instructions and communications that meet the operating standards and requirements of BIBD shall be deemed to be as good as and given the same effect as written and/or signed documentary communications by BIBD.
16.10 Nothing in this Agreement shall affect any right of set-off or combination which BIBD has in relation to any Accounts which the Customer accesses through BIBD Online.
17. Contracts (Rights of Third Parties) Act
17.1 A person who or which is not party or privy to this Agreement shall not have any rights under this Agreement.
18. Regulations
18.1 BIBD is required to act in accordance with the local laws and regulations operating in Brunei Darussalam and various jurisdictions which relate to the prevention of money laundering, terrorist financing and the provision of financial and other services to any persons or entities which may be subject to sanctions ("Regulations”). BIBD may take any action which it, in its sole and absolute discretion, considers appropriate to comply with the Regulations.
18.2 BIBD will not be liable for loss (whether indirect or consequential and including, without limitation, loss of profit or interest) or damage suffered by any party arising out of:
(a) any delay or failure of BIBD in performing any of its duties under this Agreement or other obligations caused in whole or in part by any steps which BIBD, in its sole and absolute discretion, consider appropriate to take in accordance with the Regulations; or
(b) the exercise of any of BIBD's rights under this Agreement.
19. Governing Law And Jurisdiction
19.1 This Agreement shall be governed by and construed in accordance with the laws of Brunei Darussalam.
19.2 The Customer agrees to submit to the exclusive jurisdiction of the Courts of Brunei Darussalam.