User Registration Agreement
This User Registration Agreement is an agreement between User (you) and Bank, under which you will use the service made available by Bank to Users relevant with Roc Bank and Its Associates and the Roc Bank Platform (online and offline services).
Unless otherwise specified, the following terms shall have the meanings as set forth below:
User Registration Agreement means this User Registration Agreement;
Roc Bank Platform means the Services provided by the Bank and online service platform set up and operated by Bank for the Roc Bank to provide the service through relevant website and APPs;
Roc Bank services means the Services provided by the Bank through offline means or online platform;
Bank Account means one or several bank accounts opened by the Client with Roc Bank;
Roc Bank and Its Associates means the Banking service network set up by Roc Bank and other Associate companies that combines the best offline service elements of each its Associates and integrates work flows and data to offer the service to each Client through Roc Bank Platform;
Bank means Roc Bank Limited, an international bank duly incorporated in Vanuatu;
Associates means other financial service provider, with the appropriate qualification for its business operation in the relevant jurisdiction, which has entered into a cooperation agreement with Bank;
Platform Account means the account registered by User at the Roc Bank Platform in accordance with this Agreement;
Other Account means one or several other accounts opened by the Client at any Its Associates (including but not limited to stock account);
User means a user of the Roc Bank Services who voluntarily agrees to be bound by applicable terms and conditions of the Roc Bank Service Agreements, no matter he has or has not or shall or shall not become a Client of Bank.
In this Agreement, unless the context otherwise requires:
- A reference to any document (including this Agreement) is to that document as varied, novated or replaced from time to time;
- Words in the singular include the plural and vice versa and words in one gender include any other gender;
- A reference to any party includes its successors in title and permitted assigns, a reference to a “person” includes any individual, enterprise, body corporate, association, partnership, government or state (whether or not having an independent legal personality), and a reference to a clause is to a clause of this Agreement; and
- The heading of clauses is for convenience only and will not affect the interpretation of this Agreement.
3. User Service
The service under this Agreement is defined as comprehensive information service provided to User through the Roc Bank Platform, including but not limited to:
- Information service in connection with effective registration, log-in and use of the online Account. User will be entitled to access and use the Roc Bank Platform, but such right is non-assignable and non-excludable, and Bank will reserve all relevant rights not expressly granted under this provision or other provisions of this Agreement;
- Information service in connection with opening of Bank Account and/or other Account with any its Associates.
- All services under this Agreement is free of charge; and
- Upon successfully opening relevant Bank Account, User may be entitled to relevant Client service in accordance with the Client Service Agreement as provided by Bank. Refer to the Client Service Agreement for particular provisions concerning the Client service.
- User must satisfy the following conditions:
- In the case of a natural person:
- Has the full civil capacity; and
- Being capable to bear civil liabilities on his own.
- In the case of a legal person:
- Being a public institution or corporation controlled by a natural person that satisfies the foregoing conditions;
- Having the full and independent legal status and capacity to sign, deliver and execute this Agreement, and be subject of litigation on its own;
- Its Online Account manager has the lawful and effective authorization from the legal person; and
- Signing of this Agreement and performance of its obligations under the Agreement will not violate any relevant laws, regulations and government orders, nor will conflict with any contract or agreement binding its assets prior of this agreement. If not satisfying the foregoing conditions, User shall promptly stop the registration or the use of service provided by Bank. Bank will reserve the right to suspend or terminate this Agreement.
- For the purpose of registration, User shall provide the latest valid and effective personal information, including but not limited to his/its name, certificate of incorporation, ID document number, address, contact details, emergency contact person, etc., as required by the Roc Bank Platform at the time of registration.
- User shall not use without authorization the personal information of another person to register and use the Roc Bank Services, otherwise it/he will be held liable by Bank.
- Bank or other right holders shall be duly entitled to the intellectual property in connection with all the content of the Roc Bank Services and the online content arising in the course of using the service of the Roc Bank Platform, including but not limited to publications, pictures, files, information, materials, website architecture, website frames, web page design, including trademark, patent, copyright and commercial secret etc.
5. Digital Certificate or Electronic Signature
- When User accepts the service of Bank, Bank will assist User to obtain a digital certificate from the Certificate Authority (CA) or an electronic signature for User identity authentication.
- User shall be obliged to properly take care of its/his Online Account, digital certificate and electronic signature, and be fully responsible for the confidentiality and security of the account. Unless User log-in information is lost by Bank, Bank will not be responsible for any illegal account usage by other persons.
- The electronic contract signed with Bank, Online Account, digital certificate or electronic signature, no matter signed by User or its/his authorized signatory, shall represent the true intention of User, and User shall be fully responsible for it.
- User shall revoke the digital certificate when it/he ceases to use the service of Bank.
6. User Information
7. Limitation of Liability
- 71 With respect to Other Account opening, Bank shall provide information service only, and the result review will be subject to the approval of the corresponding Its Associates, and Bank will not bear liability in this respect.
- To access the service of Roc Bank and Its Associates services, User shall directly log in the Roc Bank Platform rather than through email or the links provided by other websites, or otherwise it/he shall be fully responsible for any risks and losses thus arising.
- During the usage of the service provided by Bank, there may be relevant service provided by a third party, including but not limited to a Its Associates. Bank may release various commercial advertisements or other commercial information by hyperlinks to third party websites or through other means. Bank will not examine or evaluate such third-party information or websites or any other information, products or services of a third party, nor will Bank provide any warranty, bear any liability or assume any responsibility in this respect.
- In order to enhance user experience and content of service, Bank and its associated company may provide software update service from time to time (by means of software substitution, amendment, function enhancement or version upgrade etc.). In order to improve user experience and ensure service security and functional consistency, Bank and its associated company will be entitled to update its software or change or restrict some functions of its software at any time.
- The content produced, copied, published or transmitted by User in the course of using the Roc Bank Services, including but not limited to registration information, texts, voices, pictures and relevant links sent, replied or published through the Roc Bank Platform, User shall not interfere with the normal operation of the Roc Bank Services, shall not violate the lawful rights and interests of other Users or any third party, and shall not publish, transmit, deliver or store the following, but not limited to: the content that violates another person’s right of reputation, right of portrait, intellectual property, commercial secret and other lawful rights and interests; or matters prohibited by laws and administrative regulations; other information in violation of relevant policies, public order and good morals. User shall be fully responsible for any risk or liability arising from its violation of the foregoing provisions.
- The service provided by Bank may be temporarily disrupted, suspended for a short time or terminated permanently due to the specific feature of internet service and changes to relevant laws and policies. Bank shall not be responsible for the losses caused to User due to a reason that cannot be foreseen and avoided by Bank.
- Bank will not be responsible for the losses caused to User due to hacking, computer virus or User’s own actions, unless otherwise stated in relevant laws and regulations.
- User agrees that Bank will not be held accountable or liable by virtue of the execution and fulfillment of this Agreement and that it will indemnify and hold harmless Bank for any claim, loss, damage, liability, cost (including legal cost), or expense arising out from any breach of any User’s rights and/or obligations.
8. Amendment and Termination
- When necessary, Bank, at its discretion, may amend or change this Agreement, and publish the latest Roc Bank Service Agreements and rules of the use of relevant APPs, and cause them become effective promptly thereafter. If User continues to use the service of Bank after any amendment or change, it/he will be deemed as having carefully read, become fully aware of and agreed to accept the amended agreement; when User disagrees with all or part of the amended provisions, it/he shall promptly stop the use of the service in connection with the amendment.
- Both User and Bank have the right to terminate the Agreement at any time, except that there is any uncompleted transaction between User and another Its Associates.
- When User finds that a third person uses without authorization its/his Online Account and/or that the password been stolen or any other unauthorized use of Online Account, it/he shall promptly notify Bank through an effective means and request Bank to suspend relevant service, or otherwise User shall take the full responsibilities and liabilities.
9. Validity and Entry into Force
- 91 If any provision of this Agreement is or is held to be invalid or unenforceable, then so far as it is invalid or unenforceable it has no effect and is deemed not to be included in this Agreement. This shall not invalidate any of the remaining provisions of this Agreement. Both parties of this Agreement shall use all reasonable efforts to replace any invalid or unenforceable provision by a valid provision the effect of which is as close as possible to the intended effect of the invalid or unenforceable provision.
- This Agreement is entered into in electronic form. When you sign up as a User, pursuant to relevant rules of Bank, an electronic contract confirmed by clicking or signed in a similar manner will be deemed as being signed with your true intent and in your own name and having legal effect. You shall properly keep your password and other account information, and the electronic contract concluded in the aforesaid manner will be legally binding upon the parties, and you shall not deny the effect of such a contact or refuse to perform relevant obligations under the contract on the ground of your password or other account information being stolen or other excuses.
- The Agreement shall become effective upon signing.
10. Delay in Exercise of Rightsn
- No failure of any party to exercise, and no delay by it in exercising, any right, power or remedy in connection with this Agreement (each a “right”) will operate as a waiver of that right, nor will any single or partial exercise of any right shall preclude any other or further exercise of that right or the exercise of any other right. Any express waiver of any breach of this Agreement will not be deemed to be a waiver of any subsequent breach
11. Governing Law and Jurisdiction
- All matters concerning this Agreement and any dispute arising from or in connection with this Agreement shall be governed by the law of Vanuatu.
- Any dispute between User and Bank as may arise from the Agreement shall be settled through negotiation; when negotiation fails, either party will be entitled to submit the dispute to the court of Vanuatu in accordance with the Arbitration Rules of the Vanuatu, and the award of arbitration shall be final and binding upon both parties. The language of the arbitration shall be English.