1. All applications to open an Investment Account may be made by completing a relevant application form made available either at the website www.finatiQ.com by finatiQ, a division of Bank of Singapore Limited ("finatiQ" or "finatiQ.com") or at the offices of finatiQ, or in such other manner as finatiQ may from time to time make available to the Customer. In opening an Investment Account, the Customer agrees to be bound by these terms and conditions of finatiQ governing Investment Accounts in force from time to time.
2. An Investment Account comprises the portfolio(s) of the Customer as designated by finatiQ for the purposes of transactions or categories of transactions contemplated by these terms and conditions. The services provided by finatiQ for each Investment Account shall include deposit service, credit facilities, mortgage facilities, securities dealing services, the purchase, acquisition, holding and sale of Investment Products and such other services as may be offered by finatiQ. Transactions in each Investment Product may be subject to further terms and conditions as finatiQ may specify from time to time. Each particular service may be governed by additional and separate terms and conditions as specified by finatiQ.
3. An Investment Account may be opened with an initial deposit of not less than the amount prescribed by finatiQ from time to time. finatiQ may from time to time specify a minimum balance for each Investment Account.
4. Every withdrawal or deposit from or to the Investment Account should be made in accordance with the steps explained at the website www.finatiQ.com by finatiQ.
5. The Customer hereby authorises finatiQ to debit the relevant Investment Account of the Customer or apply any sum received by finatiQ for the account of the Customer for any sum due from or owed or reimbursed by the Customer to finatiQ or for the payment of any transaction requested or instructed by the Customer in connection with the Investment Account and finatiQ may so debit any such Investment Account without giving the Customer any prior notice thereof.
6. The Customer shall not assign, transfer, charge, create any security or other interest in or otherwise dispose of or purport to do the same in respect of the deposit or any part thereof in the Investment Account or any interest therein except to finatiQ or with the consent of finatiQ.
7. The "transaction view" of a Customer's Investment Account provided at any particular time at the website www.finatiQ.com may not be conclusive as to the latest current balance of the Investment Account as deposits or withdrawals may be made or items charged without the relevant entry being made in time in the transaction view.
8. a. finatiQ may from time to time specify fees and charges in respect of the Investment Account in finatiQ's pricing guide or otherwise.
b. finatiQ shall be entitled to levy a service charge at such rate or rates as stated in finatiQ's pricing guide from time to time in respect of any Investment Account where the average monthly balance in such Investment Account is at any time less than the minimum balance required to be kept and maintained by the Customer in the Investment Account as specified by finatiQ from time to time.
9. Any payment or withdrawal from an Investment Account will be made in cheque and payable to the account holder (or in the case of joint account holders, any one of the joint account holders designated by the Customer) or made by transfer to another Investment Account of the Customer or such other account of the Customer held with a bank in Singapore, as designated by the Customer.
10. The Customer may instruct finatiQ to execute any transaction or otherwise carry out any action in relation to the Customer's Investment Account(s) by placing an order (which shall include any offer to enter into a transaction, or any instruction, request, application or order to finatiQ of the Customer or which finatiQ reasonably believes to be the instruction, request, application or order of the Customer) with finatiQ (an "Order"). An Order may be placed with finatiQ by way of such means, including electronic means, as finatiQ may permit from time to time.
11. a. Upon receipt of an Order of the Customer relating to any transaction on the Investment Account, finatiQ shall confirm such receipt to the Customer via email in accordance with finatiQ's general operating procedures. The Customer hereby acknowledges that such confirmation may not be sent immediately upon finatiQ's receipt of the relevant Order but in any case, shall not be sent later than 4 business days after the receipt of the relevant Order. A monthly statement of account relating to the Investment Account shall be made available to the Customer on finatiQ.com.
b. The Customer shall verify all confirmations, statements and other advice sent by finatiQ to the Customer or posted on finatiQ.com for the Customer's reference. If no objection is raised within 7 days of the date of the Order to which a confirmation relates, or within 14 days of the date of the statement or advice, such confirmation, statement or advice shall be deemed conclusive and binding against the Customer who shall not be entitled to object thereto. However finatiQ may at any time rectify any error on any entry, confirmation, statement or advice which has been proved to its satisfaction, and may demand immediate repayment from the Customer of any monies erroneously paid over to the Customer as a result of such error.
c. The Customer shall immediately notify finatiQ if a confirmation, statement or advice is not received by the Customer or posted on finatiQ.com in the ordinary course of business (in any case not later than 7 days after the confirmation, statement or advice is to have been sent or posted on finatiQ.com by finatiQ under Clause 11(a) above). In the absence of such notification, the Customer shall be deemed to have accepted the contents of any confirmation, statement or advice sent or posted on finatiQ.com by finatiQ to the Customer, which contents shall be conclusive and binding against the Customer who shall not be entitled to object thereto, regardless of the actual receipt or access by the Customer of such confirmation, statement or advice.
12. No withdrawals can be made in respect of cheques and other monetary instruments accepted by finatiQ for deposit in the Investment Account until the funds are received for value by finatiQ. finatiQ reserves the right to charge the Customer in respect of items which are subsequently returned unpaid. No interest shall be payable by finatiQ in respect of such items and finatiQ shall reverse any interest which has been calculated or credited in respect of such items. finatiQ is entitled to refuse to accept for collection cheques drawn in favour of third parties.
13. Any payment made by finatiQ pursuant to any instructions given or made or purporting to be given or made by the Customer to finatiQ shall be a complete discharge and will absolve finatiQ from any liability to the Customer or to any other party.
14. finatiQ shall be entitled to levy or impose service charges, bank charges and other charges as stated in finatiQ's pricing guide from time to time in respect of services rendered to the Investment Account of the Customer.
15. Any goods and services tax or any other taxes levied now or hereafter imposed by law (including but not limited to the Goods and Services Tax Act 1993) or required to be paid on or in respect of any monies payable to or received or receivable by finatiQ or any expenses incurred by finatiQ in connection with any transaction relating to any Investment Account of the Customer shall (except to the extent prohibited by law) be borne and paid by the Customer and finatiQ shall be entitled to debit the same from the relevant Investment Account(s) of the Customer.
16. Interest on credit balances in an Investment Account shall be calculated at such rates and frequencies as may be fixed by finatiQ from time to time and credited to the Investment Account.
17. finatiQ is hereby authorised to appoint a custodian in respect of the Investment Account, for any period of time, to hold Investment Products (other than investments which are paid for with CPF monies or Supplementary Retirement Scheme monies) on behalf of the Customer (the "Custodian"). Provided that finatiQ makes such appointment in good faith and uses reasonable care in the selection and continued appointment of the Custodian, finatiQ shall have no responsibility for the performance by the Custodian of any of the duties delegated to it under these terms and conditions.
18. finatiQ shall not be obliged to send to the Customer any documents such as notices, proxies, circulars, rights or any other communication or notify the Customer of the same or the receipt of the same.
19. finatiQ shall not be under any duty or obligation to make arrangements with the Custodian or require the Custodian to attend any meetings or to vote on any matters relating to any Investment Product except in accordance with the specific written instructions signed by the Customer.
20. The Customer agrees that finatiQ shall not be liable for any loss, damage, costs, charges or expenses suffered or incurred by the Customer, howsoever arising, which is not due to the deliberate fault or gross negligence of finatiQ. In any event, finatiQ shall not be liable whether in tort, in contract or otherwise for any consequential losses of any kind whatsoever.
21. The Customer undertakes with finatiQ and agrees to indemnify and keep finatiQ indemnified from and against and in respect of all liabilities, losses, damage, costs, charges, expenses (including legal fees and costs on a full indemnity basis), claims, demands, actions and proceedings whatsoever which may be taken against or incurred or sustained by finatiQ directly or indirectly from or by reason of or in relation to or arising from or in connection with the provisions of any services in respect of any Investment Account of the Customer or any use or purported use by the Customer of the services hereunder and the Customer shall pay and reimburse the same on demand at any time or from time to time.
22. finatiQ shall be under no liability for any delay, loss, damage, costs, charges or expenses caused wholly or in part by any act of God, governmental restriction, condition or control, breakdown in communication systems or by reason of any other act, matter or thing beyond their reasonable control.
23. Transactions or other actions carried out by finatiQ or by the Custodian in respect of the Investment Account and acting on the Customer's Orders made or given or purporting to be made or given by the Customer or any one of the Customer where the Customer comprises more than one person or by any other person on behalf of the Customer and transactions arising from the use or the purported use of any applications shall be binding on the Customer for all purposes regardless of the circumstances prevailing or the nature of the transaction or arrangement or the amount of money involved and notwithstanding any error or misunderstanding or lack of clarity in the terms of such instructions or other communications. The Customer shall indemnify and hold finatiQ harmless from and against any and all loss, damage, costs, charges and/or expenses suffered and/or incurred by finatiQ as a result of acting or relying on any instruction (howsoever given and in whatsoever form including but not limited to electronic, facsimile, written or otherwise) of the Customer.
24. finatiQ accepts no responsibility and shall have no liability whatsoever to the Customer:-
a. for advising or giving any recommendation to the Customer as to whether or not to invest in any Investment Product in respect of which information has been provided and the Customer acknowledges the desirability of seeking independent financial advice with respect to any such investment opportunity; and
b. for any costs, expenses, disbursements, liabilities, obligations, penalties, claims, demands, actions, proceedings, judgement, suits, losses (including any consequential loss and any loss of investment opportunity), or damages of whatsoever nature suffered or incurred by the Customer as a result of, or in connection with, any acquisition, holding, disposal or redemption of any Investment Product or any other transaction made or omitted to be made by the Customer on the basis of any information provided by finatiQ pursuant to these terms and conditions.
25. The Customer may have access to the Investment Account and/or to effect certain banking transactions in respect of such Investment Account (including without limitation the transmission of instructions to finatiQ, funds transfer, bill payments) by electronic means via the use of personal computers or other access devices (including without limitation mobile phone, television) ("Customer Terminals”). finatiQ may at finatiQ’s discretion allocate a Customer login identification number (“Login ID") and a personal identification number, password, symbol or code (“PIN”) which finatiQ shall notify to the Customer. The Customer may gain access to the Account upon the correct input of the Customer's Login ID, PIN and (where applicable to such Customer) Security Code into the Customer Terminals. The Customer has the sole responsibility and shall be liable for the security and safekeeping of the Login ID, PIN and Security Code, and shall at all times ensure that there is no unauthorised use of the Login ID, PIN and Security Code. Customer shall immediately notify finatiQ of any disclosure or unauthorised modification or use of the Login ID, PIN or Security Code. finatiQ shall be entitled to rely on and treat any Order made, submitted or effected pursuant to the entry or use of the Login ID, PIN and/or Security Code as having been made, submitted or effected by the Customer to whom finatiQ issued or assigned that Login ID or PIN and, notwithstanding any provision in these terms or conditions to the contrary, finatiQ shall not be liable for any loss to the Customer by so doing or any loss caused to or damage incurred or suffered by the Customer or any person by reason of or arising from or as a consequence of any use (whether authorized by the Customer or not) for any purpose whatsoever of the Login ID, PIN and/or Security Code. The provisions of this Clause shall continue to apply after the termination of any Investment Account.
26. The Customer shall be responsible for obtaining and using the necessary software and/or equipment necessary to obtain access to the Investment Account at the Customer's own risk and expense.TheCustomer shall also be responsible for the performance and security (including without limitation taking all necessary measures to the extent reasonably possible to prevent unauthorised use or access) of any Customer Terminal used by the Customer in connection with the Investment Account. finatiQreserves the right not to support any prior version of software. The Customer shall be solely responsible and liable for all losses and consequences arising from or in connection with any failure by the Customer to comply with any of the foregoing.
27. Security Devices and Security Codes
a.TheCustomer shall comply with all requirements, instructions and specifications relating to Security Devices and/or Security Codes (including without limitation any registration and activation procedures) as may be prescribed by finatiQ at any time and from time to time in its sole and absolute discretion. Without prejudice to the generality of the foregoing, the Customer shall at no time (i) activate or attempt to activate or register a Security Device issued to another person to the Customer’s Login ID or (ii) permit a Security Device issued to the Customer to be activated or registered to the Login ID of another person.
b.TheCustomer shall not reveal the Customer's Security Code to any other party and shall take all necessary steps to prevent disclosure of the Customer's Security Code to any other party. The Customer shall at no time and under no circumstances permit any Security Device issued to the Customer to fall into the possession or under the control of any other person.
c.TheCustomer shall immediately notify finatiQ (i) ifa Security Device issued to Customer is lost or fails to function as intended, (ii) if the Customer has any knowledge or reason for suspecting that the security or confidentiality of any Security Code or Security Device or Customer Terminal used by the Customer for the generation and/or reception of Security Codes has been compromised or if there has been any unauthorised use of any Security Code or Security Device or such Customer Terminal or (iii) of any loss, replacement and/or change of number, as the case may be, of any mobile phone or other Customer Terminal or other device (as the case may be) used by the Customer for the generation and/or reception of Security Codes. The Customer shall be solely responsible and liable for all losses and consequences arising from or in connection with any failure by the Customer to comply with any of the foregoing.
d.Wherea Security Device issued to the Customer fails to function properly, finatiQ’s only obligation in respect of such Security Device shall be to replace the same with a new Security Device upon payment by Customer of a fee which shall be determined by finatiQ in its sole and absolute discretion, save where finatiQ is satisfied in its sole and absolute discretion that there is no contributory act or omission on the Customer’s part causing or contributing to the Security Device’s failure to function properly. Where a Security Device is lost by the Customer, finatiQ may replace the same upon payment by Customer of a fee which shall be determined by finatiQ in its sole and absolute discretion.
e.TheSecurity Devices and the Security Codes are provided on an "as is" and "as available" basis. The Bank shall have no liability in relation to any Security Device, Security Code or other device or delivery channel designated by finatiQ for use for the generation, delivery and/or receipt for Security Codes including, without limitation, liability for breach of any implied term as to satisfactory quality, merchantability or fitness for purpose, including without limitation any loss or damages incurred or suffered arising from any failure by the Customer to keep secure and/or use the Security Device, Customer Terminal or other device in accordance with any instructions and other terms of finatiQ. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the Security Devices, Security Codes or other device or delivery channel designated by finatiQ for use for the generation, delivery and/or receipt for Security Codes.
f.TheBank shall be entitled at its sole and absolute discretion at any time from time to time to cancel without notice the use, or require the replacement or modification, of any Security Device, Customer Terminal or other device or delivery channel designated by finatiQ for use for the generation, delivery and/or reception of Security Codes without giving any reason therefore and finatiQ shall not be liable to the Customer for any loss or damage as a result thereof.
g.AllSecurity Devices provided to the Customer are and shall remain the property of finatiQ (unless otherwise indicated by finatiQ) and the Customer shall return the Security Device(s) promptly (i) upon cancellation or termination of all Investment Accounts in respect of which the Security Device(s) has/have been issued or (ii) in any case upon request by finatiQ. Security Devices must not be altered, tampered with, disassembled or in any way copied or modified, and must not be dealt with or exploited in any way.
28. finatiQ shall not be liable to the Customer for any loss, damage, costs, charges and/or expenses caused by or arising from any one or more of the following events or matters, howsoever caused or occurring:-
a. any defect, deficiency or malfunction in and or any breakdown, disruption or failure of any telecommunications, computer or other electronic equipment or system (whether or not owned, operated or maintained by finatiQ or any other person and whether or not used in the provision or operation of any service), including but not limited to:-
§ the inability or failure of any such equipment or system to accept and/or recognise 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; or
§ thefailure of any such equipment or system to accept, recognise or process any Login ID, PIN or Security Code or instruction of the Customer;
§ any electronic, mechanical failure or corruption, computer viruses, bugs and/or other harmful or malicious software of any kind whatsoever that may be attributable to services provided by any relevant internet service provider or information service provider;
b. 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 finatiQ or by any other person and whether or not used in the provision or operation of any service);
c. the corruption or loss of any data stored in any equipment, terminal or system or instruction or in the course of transmission thereof through the Internet, any computer or any electronic or telecommunications system used by finatiQ or any other person whether or not in connection with any Investment Account or the provision or operation of any service, including any errors generated in the transmission of any data or instruction;
d. the cessation or interruption of the availability or operation of any service;
e. the failure or refusal of finatiQ or any other person to accept or honour any instruction of the Customer; and
f. any breach of finatiQ's obligations or duties to the Customer caused by or arising from any one or more of the events or matters set out in any one or more of the foregoing sub-paragraphs of this Clause.
29. The Customer agrees that finatiQ has granted the Customer only a non-exclusive licence to use the software relating to and in connection with the services contemplated by these terms and conditions. This allows the Customer to use such software only for its intended purposes as provided hereunder. The Customer shall not disassemble, de-compile, copy, modify or reverse engineer any such software. Although finatiQ shall use reasonable endeavours to ensure that the services contemplated by these terms and conditions are secure and cannot be accessed by unauthorized third parties, the Bank does not warrant the security or confidentiality of any information transmitted through any relevant internet service provider. The Customer acknowledges that all proprietary rights relating to and in connection with the services contemplated by these terms and conditions (including without limitation the finatiQ.com website) and all updates thereof, including without limitation title, trade mark rights, patent rights and copyright shall at all times vest and remain vested in finatiQ or such other third party as may be notified by finatiQ.
30. The Customer represents, warrants and undertakes to finatiQ that particulars given to finatiQ including particulars as to resident status (whether in the application or otherwise) are strictly accurate, true and complete. The Customer undertakes to notify finatiQ immediately of any change in the particulars of the Customer or of the Customer's Investment Account(s). Until finatiQ receives any notice of such change, finatiQ will rely on the records in the form last submitted by the Customer. finatiQ is not obliged to verify any particulars furnished by the Customer and finatiQ shall not be liable or responsible for any loss, damage, costs, charges and/or expenses suffered or incurred by the Customer or any other person by reason of any error or omission in the completion of the application or in the furnishing of the particulars or in the instructions given by the Customer.
31. In addition to any other right to which finatiQ as bankers may be entitled by law finatiQ may at any time and without notice to the Customer combine or consolidate the balances on all or any of the Customer's Investment Accounts with finatiQ (whether due or not) and set off any sum or sums standing from time to time to the credit of any one or more of such Investment Accounts in or towards payment or satisfaction of all or any of the Customer's liabilities to finatiQ whether actual or contingent, primary or collateral, several or joint and whether as principal or surety and whether in Singapore or elsewhere and whether in Singapore Dollars or in any other currency.
32. All notices, demands and communications by finatiQ to the Customer may be sent or despatched by finatiQ to the Customer by delivery, post, e-mail or facsimile transmission or any other means deemed appropriate by finatiQ to the e-mail or other address or facsimile number of the Customer last known to finatiQ. Any such notice, demand or communication addressed so despatched by finatiQ to the Customer shall be deemed to have been received by the Customer:-
o a. in the case of despatch by e-mail or facsimile transmission or other instantaneous electronic communications, immediately upon transmission by finatiQ;
o b. in the case where it was delivered or left at the address of the Customer, on the date and the time it was so delivered or left at the address; and
o c. in the case of despatch by post:-
1. to any address in Singapore, on the next day after it was posted by finatiQ; or
2. to any address outside Singapore, on the seventh (7) day after it was posted by finatiQ.
33. The provisions of Clause 32 shall apply to the despatch and delivery by finatiQ of instruments (including dishonoured cheques), documents, articles or items to the Customer and the risk of loss or damage to, and the costs of delivery of, such instruments, documents, articles and items so despatched shall be borne by the Customer.
34. finatiQ may act on its good faith interpretation of any and all instructions, Orders, statements and/or communications (in any form, whether written, oral, telephone, facsimile, e-mail, electronic or otherwise) which finatiQ in good faith believes to have been sent by or on behalf of the Customer by a duly authorised representative of the Customer and provided finatiQ does so in good faith, the Customer shall indemnify and hold finatiQ harmless from and against any and all loss, damages, costs, charges and/or expenses of whatsoever nature and howsoever arising (including legal fees on a full indemnity basis) suffered and/or incurred by finatiQ as a result thereof. However, finatiQ may refuse to act on any of the aforesaid at anytime and without giving any reason therefor until the Customer has provided finatiQ with satisfactory confirmation of the same in such manner as finatiQ may in its sole discretion prescribe.
35. By applying for finatiQ's services offered for an Investment Account to be provided under these terms and conditions, the Customer hereby authorises and permits finatiQ and each of its officers and agents to divulge, reveal or disclose any and all of the particulars of the Customer's Investment Account(s), including but not limited to the Customer's information and information on or relating to any transaction or dealings between the Customer and finatiQ, for any purpose whatsoever to Bank of Singapore or any of its associated corporations and entities, all governmental agencies and authorities in Singapore and elsewhere where the disclosure is required by applicable laws, any agents or contractors which have agreed to perform works for or provide services to finatiQ (including but not limited to any relevant provider of Investment Products, intermediaries, custodians, nominees, authorities (including the Central Provident Fund Board), depositories, depository systems, clearing systems, issuers of Investment Products and any other relevant parties in connection with such transaction), and any other person or entity at any time which finatiQ, any of its officers or agents in good faith considers to be appropriate for the purpose or in the interest of finatiQ. The consent and authority herein shall constitute consent and authority for the purposes of the provisions of any applicable laws, including but not limited to the Banking Act (Cap. 19).
36. In these terms and conditions:
· "Investment Product" means any investment product which may be included within the services provided for an Investment Account, and includes, without limitation, equities and debt securities, unit trust schemes or other investment funds, mortgages, insurance products and any other investment product as may be deemed fit by finatiQ;
· “Security Code” means each one-time password generated by a Security Device or mobile phone or delivered via Short Message Service (SMS), or otherwise generated by or delivered via any other device (including without limitation any Customer Terminal), delivery channel or any means whatsoever, designated by finatiQ at any time from time to time in its sole and absolute discretion; and
· “Security Device” means any device designated by finatiQ, at any time from time to time in its sole and absolute discretion, for use by the Customer to generate and/or receive Security Codes.
· Words importing the singular number include the plural number and vice versa
A person who is not a party to any agreement governed by these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of these terms and conditions.
37. a. The agreement set out in and the provision of the Investment Account or the service(s) governed by these terms and conditions may be terminated by finatiQ in its absolute sole discretion by finatiQ giving written notice of such discontinuation to the Customer and may be cancelled by the Customer giving to finatiQ not less than 14 days' notice. Such discontinuation by finatiQ shall take effect from the date stated in the notice, which in most instances, shall be no less than 30 days from the date of the notice.
b. The agreement set out in these terms and conditions shall, if the Customer is one of more individuals, terminate upon the death or upon the legally recognised declaration of incapacity or incapability of the Customer (or the last survivor of them if the Customer is more than one individual) but all acts performed by finatiQ prior to receiving written notice of such death, incapacity or incapability shall be valid and binding upon the Customer and the successors in title of the Customer.
c. Upon the termination of the agreement set out in these terms and conditions finatiQ shall be deemed to have been authorised by the Customer to request the appropriate representative of the relevant Investment Product to transfer the Investment Product to the Customer or in the case of the death of one of the Customer, the Investment Product shall be held for the benefit of and to the order of the survivor(s) if the mandate of the Investment Account is a joint signatories account, and in so doing finatiQ shall be discharged from any further responsibility therefor; provided always that finatiQ shall not be liable to arrange the transfer of the Investment Product as aforesaid until all the Customer's liabilities to finatiQ under these terms and conditions (including any outstanding fees and expenses payable under these terms and conditions) shall have been fully discharged. Notwithstanding the above, finatiQ shall always be entitled to take any appropriate action as it deems appropriate in the circumstances, including refraining from taking any further action, without liability to Customer, pending appointment of a legal representative of the deceased, bankrupt, insane or mentally disabled Customer (as the case may be). finatiQ shall be fully entitled not to follow any instructions in respect of the Investment Product unless instructed to do so by the Customer's personal representative, receiver, committee or other person empowered to exercise the Customer's rights.
d. The Customer's relationship with finatiQ, the operation of all Investment Accounts, the provision of all services and facilities, and the implementation of all Orders, shall be subject at all times to all relevant or applicable statutes, laws, rules, regulations, directives and circulars (whether of a governmental body or authority or self-regulatory organisation in relation to which finatiQ or Bank of Singapore or any of its associated corporations or entities is a member, or otherwise). finatiQ may take or refrain from taking any action whatsoever, and the Customer shall do all things required by finatiQ in order to procure or ensure compliance with these applicable laws.
38. These terms and conditions governing Investment Accounts with finatiQ shall be governed by the laws of Singapore and the Customer irrevocably submits to the jurisdiction of the Courts of Singapore.
39.These terms and conditions shall be read in conjunction with the finatiQ Access Terms and Conditions. In the event of any conflict, these terms and conditions shall prevail over the finatiQ Access Terms and Conditions.
40. finatiQmay at any time at its absolute discretion and upon written notice to the Customer, change any one or more of these terms and conditions. Such change(s) shall take effect from the date stated in the notice, which in most instances, shall be no less than 30 days from the date of the notice.
a. finatiQ may at any time at its absolute discretion and upon written notice to the Customer, change the prevailing rate and/or amount of any charges or fees payable by the Customer as stated in finatiQ's pricing guide. Such change(s) shall take effect from the date stated in the notice, which in most instances, shall be no less than 30 days from the date of the notice.
b. Notwithstanding the foregoing provisions of this Clause 40, if the Customer does not accept such change(s), the Customer shall forthwith discontinue operating the Investment Account/use of the service(s) governed by these terms and conditions and instruct finatiQ to close the Investment Account/terminate the service(s). Where the Customer continues to operate the Investment Account(s)/use the service(s) after such notification, the Customer shall be deemed to have agreed with and accepted such change(s).
c. In the event that an Investment Account remains inactive or dormant for such period of time as finatiQ may determine, finatiQ reserves the right to impose such conditions in relation to the further operation of the Investment Account(s) as it may determine in its sole and absolute discretion and finatiQ may without liability or disclosing or assigning any reason to the Customer, upon fourteen (14) days (or such period as finatiQ may determine) prior written notice terminate the Investment Account(s). Without prejudice to the generality of the foregoing,uponthe occurrence of any of the following events, finatiQ shall be entitled (without demand or notice) to terminate the Investment Account(s):-
(i) the Customer's failure to comply with any provision of these terms and conditions;
(ii) any grounds exist for the presentation of a bankruptcy petition against the Customer;
(iii) the Customer's death, insanity or incapacity;
(iv) the performance of any obligation under these terms and conditions becomes illegal or impossible; or
(v) if the balance in an Account falls below the prescribed minimum for such period as may be determined by finatiQ from time to time.
d. finatiQ may notify the Customer of any changes to these terms and conditions by:-
(i) publishing in the monthly statement of account relating to the Investment Account accessed by the Customer;
(ii) displaying such changes at finatiQ's premises;
(iii) posting such changes on finatiQ.com;
(iv) electronic mail or letter;
(v) publishing such changes in any newspapers; or
(vi) such other means of communication as finatiQ may determine in its absolute discretion.
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