“ICBC (Thai) Personal Electronic Banking” means the service offered to any individual by the Bank in the form of a self-service via internet. This service will be used by the Applicant through personal computer and mobile phone.
“Certificate” means the equipment that contains the electronic file to confirm the Applicant’s identity and will be used as electronic signature of the Applicant for using the ICBC (Thai) Personal Electronic Banking. Storage medium for the Applicant’s Certificate is “E-Password Token” or other equipments as specified by the Bank.
“Password” means a group of numerals or alphabets set by the Applicant or fingerprint, face recognition and biometric information given to the Bank by the Applicant (as the case may be) to confirm the identity of the Applicant. The Password is divided into: 1) the Log-in Password; and 2) the Certification Password.
“Log-in Password” means the Password to log in to the ICBC (Thai) Personal Electronic Banking. The initial Log-in Password is set by the Applicant at the time of registration.
“Certification Password” means the password(s) already set in E-Password Token or fingerprint, face recognition and biometric information given to the Bank by the Applicant to confirm the identity of the Applicant.

Article 2 In using the ICBC (Thai) Personal Electronic Banking, the Applicant shall comply with the terms and conditions specified herein, including all ICBC (Thai) Personal Electronic Banking Transaction Rules and ICBC (Thai) Personal Electronic Banking Risk Reminder determined by the Bank.

Article 3 When applying, registering, amending or cancelling the ICBC (Thai) Personal Electronic Banking at any branch of the Bank, the Applicant shall submit all required documents, including the required Applicant’s fingerprint, face recognition and biometric information determined by the Bank; complete the details and information required and sign as ownership, true and correct. The Applicant shall be responsible for all damages incurred to the Bank or any other person due to the fact that the information or documents or fingerprint, face recognition and biometric information given to the Bank is not the Applicant’s own, false, inaccurate or incomplete.

Article 4 The The Applicant shall use the User Name, Password and the Certificate of the Applicant in accordance with the procedures specified by the Bank to identify himself/herself in conducting transactions or using other services through the ICBC (Thai) Personal Electronic Banking. Any transactions or services conducted through the ICBC (Thai) Personal Electronic Banking with such identification shall be regarded as the Applicant’s own conducts and the Applicant shall be responsible for such conduct whether such transactions or services have been conducted by the Applicant or any other person permitted or allowed by the Applicant or not, or for any other reason, and the Applicant agrees to be bound by such conducts without having to sign in any document whatsoever, except for the unlawful payment or fund transfer conducted through the ICBC (Thai) Personal Electronic Banking without the Applicant’s fault. The Applicant shall not amend or cancel payment or fund transfer instruction after it is completed. The Applicant further agrees that using Password shall be regarded to be an electronic signature in accordance with the laws.
   In addition, the Applicant shall provide fingerprint, face recognition and biometric Information to the Bank in conducting fund transfer transactions which require to identify himself/herself by face scanning through ICBC (Thai) Personal Electronic Banking for transferring fund to other person in the amount starting from Thai Baht 50,000.00 per transaction, or transferring fund to other person in the aggregate amount of every Thai Baht 200,000.00 per day, or increasing the limit to transfer fund in the amount starting from Thai Baht 50,000.00. Furthermore, the Applicant consents the Bank to keep his/her fingerprint, face recognition and biometric Information for the purpose of identifying himself/herself in conducting the said transactions.

Article 5 Subject to the terms and conditions of the relevant service of the Bank, the Applicant should use the ICBC (Thai) Personal Electronic Banking only during the time and date specified by the Bank. In the event that the Applicant is unable to conduct any transaction via the ICBC (Thai) Personal Electronic Banking, for any reason, the Applicant may conduct the transaction at any branch of the Bank during the business hours of the Bank.
   The Applicant agrees and accepts that, under the provision of the related terms and conditions, the Bank will use its reasonable effort to conduct the payment or fund transfer in accordance with the Applicant’s relevant instructions.

Article 6 When any of the following situations occurs, the Applicant shall conduct the specified proceedings at any branch of the Bank. Otherwise, the Applicant shall be responsible for all damages and expenses incurred prior to the completion of such proceedings:
   (1) The Applicant shall, without delay, reset the Log-in Password, the start up password used with E-Password Token or the Certification Password as per the procedures set by the Bank when the Applicant cannot remember the Log-in Password, the start up password used with E-Password Token or the Certification Password or when the Log-in Password, the start up password used with E-Password Token or the Certification Password has been disclosed or used by other persons;
   (2) When the Certificate is stolen or lost, the Applicant shall promptly report the loss or theft to the Bank’s Call Center or through other channels specified by the Bank.
The report of the loss or theft shall take effect immediately after the Bank’s specified operations are fully conducted by the Applicant;
    (3) The Applicant shall apply for a new Certificate immediately as per the procedure set forth by the Bank at any branch of the Bank when the Certificate has expired or when it is stolen, damaged or lost prior to the expiry date of the Certificate;
   (4) In the case the Applicant has incorrectly input the Password for more than the number of times allowed by the Bank, the ICBC (Thai) Personal Electronic Banking services will be halted. The Applicant shall reset the Password or the start up password used with E-Password Token (as the case may be) as per the procedures set forth by the Bank; or
   (5) In the case the Applicant’s mobile phone number that is used for the Bank’s SMS service is lost, cancelled or changed, the Applicant shall notify the Bank and shall cancel or change (as the case may be) the mobile phone number for such SMS service.

Article 7 For any of the following cases, the Bank shall not be responsible for any loss or damage that may be incurred due to the Bank’s execution or failure to execute the instruction of the Applicant through the ICBC (Thai) Personal Electronic Banking:
   (1) Information or instruction given is vague, incorrect, mistaken or incomplete;
   (2) The amount of money in the Applicant’s registered account(s) is insufficient or such registered account status is not normal or the Applicant’s credit line is insufficient, suspended or terminated;
   (3) The Applicant is under any legal proceedings;
   (4) The Applicant has been informed by the Bank of the system failure, before or when conducting the fund transfer;
   (5) The Applicant has not complied with the terms and conditions as well as the related procedures for the use of ICBC (Thai) Personal Electronic Banking or any service of the Bank as specified by the Bank;
   (6) The Bank believes that the transactions, the use of services or conducts of the Applicant may be considered as deceiving, fraudulent or having unlawful intention or against the public moral;
   (7) In the event of a force majeure, or a hacking or an attack on the computer system or computer program by a hacker or any other person, or the computer system or network, the communication system, network or equipments related to the ICBC (Thai) Personal Electronic Banking is out of order, ruined, damaged or being repaired or under maintenance service, or a failure in the electrical system or power system, or any mistake, problem, delay or error caused by the mobile phone system or network provider, or a spread of computer virus, or any situation or event beyond the control of the Bank; or
   (8) When the Bank has reasons to believe that the conducts in accordance to the instructions of the Applicant will incur damage or liability to the Bank, the Applicant or other persons.

Article 9 If the Applicant has received any money or benefit, unrightfully or unlawfully for whatever reason, the Bank has the right to deduct such money or benefit including stopping or halting the ICBC (Thai) Personal Electronic Banking or any service of the Bank immediately without prior notice to the Applicant.

Article 10 The Applicant agrees to pay the annual fee, service fee, fees and expenses associated to the use of ICBC (Thai) Personal Electronic Banking and other services specified by the Bank.

Article 11 The Applicant shall be responsible for all damages and expenses in the event of any damage incurred to the Bank or other persons as a result of the Applicant’s use of the ICBC (Thai) Personal Electronic Banking or other services.

Article 12 In the event that the Applicant has found that the Applicant has violated or has not complied with the terms and conditions or pertaining procedures of the ICBC (Thai) Personal Electronic Banking, which causes the Bank not to be able to proceed with the instruction of the Applicant through the ICBC (Thai) Personal Electronic Banking in a timely manner, the Applicant shall immediately notify the facts and details of the matter to the Bank. The Bank will investigate into the matter and notify the Applicant of the result of the investigation within 7 days after the investigation result is known by the Bank.

Article 13 The Applicant agrees that all the instructions, documents, data and facts of the Applicant or related to the Applicant’s usage of the ICBC (Thai) Personal Electronic Banking or any service of the Bank retrieved from the computer system, electronic means or any other information technology system received and/or recorded by the Bank shall be legally regarded as written evidences and original documents with true and correct contents and shall be maintained for any future legal dispute or proceedings. The Applicant is entitled to request the relevant transaction report from the Bank.

Article 14 The Bank reserves the right to determine, amend, add or change fees and other expenses relating to the use of ICBC (Thai) Personal Electronic Banking or any conditions of service which may cause more burden or risk to the Applicant, provided that the Bank will announce from time to time at the Bank’ s office/branch and/or on its website and/or through the ICBC (Thai) Personal Electronic Banking and will notify the Applicant or the Applicant’s consent in advance (as a case may be) pursuant to the applicable law.

Article15 The Bank reserves the right to change terms and conditions, transaction rules and limit or the procedures of ICBC (Thai) Personal Electronic Banking and will notify the Applicant in advance within a reasonable period as deemed appropriate by the Bank or as required by laws in following events:

Article 16 Any letter, notice, or information which the Bank has sent to the Applicant per the address given to the Bank, whether by hand or by postal mail, either registered or unregistered, or email or SMS to the email address or the mobile phone number given to the Bank, or via the ICBC (Thai) Personal Electronic Banking services, or channels earlier agreed upon by the Applicant with the Bank (collectively referred to as the “Channel for Receiving Information”), shall be deemed as having been duly sent to the Applicant. Even it cannot be delivered due to the relocation or demolition of, or change in, the Channel for Receiving Information, without any written notification of the relocation, change or demolition given to the Bank, it shall be deemed that the Applicant has duly received and acknowledged the letter, notice or information. In case of any relocation or demolition of, or change in, the channel for receiving information, the Applicant shall so inform the Bank immediately.

Article 17 The Applicant agrees that the Applicant shall comply with the law, rules, regulations, order, manual, request for cooperation and any criteria of the Bank of Thailand, court, regulatory agencies and any other competent authorities (as the case may be), that are currently enforced or will be enforced (collectively referred to as the "Related Law and Rules and Regulations"). If there is change in the Related Law and Rules and Regulations, the Applicant agrees that when using ICBC (Thai) Personal Electronic Banking, the Applicant shall comply with that Related Law and Rules and Regulations with an immediate effect. If the Applicant violates or fails to comply with applicable laws, rules and regulations, which cause any loss, fines, and/or expenses to the Bank, the Applicant shall be liable for such loss, damages, fines or expenses to the Bank without delay.

Article 18 The Applicant may terminate the use of the ICBC (Thai) Personal Electronic Banking at any time by giving written notice of termination to the Bank not less than 30 days in advance.

Article 19 The Applicant consents the Bank to disclose information as necessary for purposes of compilation, utilization, disclosure, record keeping, delivery and transfer of information or for providing fair and continuous services to the Applicant or as required by the laws, regulations or notifications or by the order of any court, governmental agency or regulatory organization, or as otherwise stipulated in these terms and conditions.

Article 20 The terms and conditions specified herein are the additional terms and conditions that are agreed by the Applicant and not to replace other terms and conditions for other services of the Bank that the Applicant has previously agreed or will agree with the Bank. In the case any of the terms and conditions specified herein conflicts with the terms or conditions related to use of the ICBC (Thai) Personal Electronic Banking previously agreed by the Applicant, these terms and conditions shall prevail.

Article 21 The terms and conditions specified herein, ICBC (Thai) Personal Electronic Banking Transaction Rules and ICBC (Thai) Personal Electronic Banking Risk Reminder associated with the use of the ICBC (Thai) Personal Electronic Banking or any other service of the Bank shall be governed by the laws of the Kingdom of Thailand.