|
(c) The security administrators shall be responsible for a� designating individuals as users ("Authorized Users'> {i.>Wemxfling the
<br />functions n< the Service that each user may access, (i1j) requesting, creating, controlling, disseminating &x canceling
<br />onu,mmen,s�(iv) receiving and distributing materials, notices, documents end correspondence relating uthe socvri,yp,a;edo,no�
<br />and (v} advising each user ^fisW1h*r obligations hereunder o,,n**, any v,the applicable Account Documentation, ww defined in
<br />Secton 5 below. The security adminGtrators shWI provide to the Bank, upon the Bank's nequetil, a list of Authorized! Users. In the
<br />absence rfm valid designation / a seruirity administrator at any time, the Bank may deliver Security Devices and materials wany
<br />person authorized tn act o^ behalf or the Customer with respect tuthe oncu,om
<br />Open Network Access; Equipment. Tn*CvW~mv that there are certain seanily, corruption, transmission error and
<br />access ova||ammyrisks associated with using open networks such as the Internet, and the Customer assumes all such risks. The
<br />Customer shall make a^independent assessment o/ the adequacy v/the Internet and the guol security procedures The Customer
<br />further acknowledges that the selection and use by it of any lhird-party security and communications software and third-parly ermuce
<br />providers is the sole responsibility of the Customer, and the Bank discharris all risks related therato, notwithstanding that the Bank may
<br />recommend certain security stupor Communications software and services, The Customer agrees, at its sole expense, to procure and
<br />maintain all hardware, browsers, software and /r|wcnmmumomdvnsequipment necessary m access the Service m accordance with the
<br />Bank's recommended system configuration.
<br />|wm/oudnnw; Data:
<br />ia) the Customer shall be solely responsible for the genuineness and accuracy, both as to content and form, of all Im4mmwou
<br />property received by the Bank
<br />ii)) The Cossomey acknowledges that UaW may not have been reviewed hy the Bank, may uw inaccurate, and may be periodically
<br />updated and adjusted The Bank is not obligated to assure the accuracy of Data and will not be liable for any loss or damage
<br />arising out of the inaccuracy of Data. Further, the Bank shall have no liability for the receipt or viewing by any party of Data sent to
<br />the destinations designated by the Customer, including but not limited to e,majI addresses and tax and telephone numbers
<br />(qThwCv*Wmer acknowledges the Secure efulail Application is not intended for the transmission of Instructions to transfer cash,
<br />securities m other assets, The Customer shall not ^mnmnR, and the Bank shall have oovhxymovo,v act upon, arty such
<br />Instructions transmitted through Secure eMall
<br />� C"wtvrnw"Wa,rand+n. The Customer and warrants m the Bank that: 0 prior msumm
<br />Authorized Users, the Customer shall obtain front eacth individual referred to in such document all necessary consents ^n enable the
<br />bank tw process the data set out therein for the purposes n(p/vvNiny the Smwic*�(n) the Customer ties accurately designated io
<br />*Ming the geographic location ox its Authorized Users and shall provide all updates m such information; and (i
<br />access the Service from any jurisdiction trial the Bank hfonnuthe Cu°ton,r,pr where tire Cu*tmn*,tim*knowledge that the Service io
<br />not authorized. The Customer hereby represents and: warrants m the Batik that these Service Terms constitute Its legal and binding
<br />obligations enforceable in accordance with its terms.
<br />Jurisdiction Specific Provisions Exhibit to Client Access Service Terms
<br />The additional jurisdiction specific provenons, set forth below are applicable to the Customer based on the dornicile of the Customer m/^wre
<br />any local laws or regulations of any jurisdiction apply as a resulf of the Customer's users accessing the Service from such jurisdiction v/aoa
<br />result of the location, of such accounts in such jurisdiction, the jur edictional specific provisions of that Punsdiction shwl apply to the use *fthe,
<br />SeNieby such users
<br />X Australia & New Zealand — See further Paragraph L herein,
<br />The Bank's UaWWyw the Customer for loss nr damage n/ any kind incontract, tort (Including oogligonco, tinder any statute oxotherwise
<br />arising from m relating i" any way mthis Customer andlor its subject matter, is reduced to the extent that Customer caused ancPai
<br />contributed to life loss of damage,
<br />Fees Tn the extent that for the purposes o< the Australian
<br />Goods and Services Tax, or that goods and services tax underthe New Zealand Goods and Servrces Tax Act 1985 is payable in respect
<br />of any supply under this License Agreement, (`GST')r the fees payable in respect of trial taxable supply I'miginal amount") will be
<br />in"mwwvd by the ^mmumvrBST payable h respect m that /axahle.sunnily Customer must pay the increased amount at the same time
<br />and in the same manner as the original amount
<br />Consumer Warranties!
<br />t xostm|m
<br />The following isbm applies if, despite the terms o, these Service Terms and the Account Documentation nm applicable ^nthe
<br />services provided under these Service Terms the proper law of this Agreement is the awm force ur an Australian jurisdiction
<br />��� ���
<br />����Um��
<br />11N,-330914 DOC ID: 4 PaAye 36 o,1"51
<br />
|