| 1.1 |
In these Terms and Conditions, the following words and
expressions shall have the following meanings:
"Business Day" means a day on which the Bank
is open for banking business in Hong Kong but excluding Saturday and
Sunday.
"Hong Kong" means the Hong Kong Special
Administrative Region of the People's Republic of China.
"i-banking Instruction" means any enquiry,
request, application, instruction or communication that is received by the
Bank through, or in connection with, i-banking Service.
"i-banking Service" means any electronic or
internet banking services from time to time supplied by the Bank, which
enable me/us to give instructions to the Bank and/or obtain information
from the Bank through internet at such website or portal as designated by
the Bank from time to time or through such other means as the Bank may from
time to time prescribe.
"Representative" means the person that I/we
have authorised to have access to, and/or use, i-banking Service on my/our
behalf, and shall include any authorized person appointed by me/us to act
on my/our behalf in relation to i-banking Service.
"Security Code" means any password, code or
number, or any other identification whether issued to me/us or to any
Representative by the Bank or adopted or self-selected by me/us or by any
Representative (including any login ID), for access and/or use of i-banking
Service.
" Transaction " means a
transaction effected by the Bank pursuant to, or in connection with, an
i-banking Instruction. |
| 1.2 |
Clause headings are inserted for convenience only and
shall be ignored in construing these Terms and Conditions. |
| 1.3 |
Unless the context otherwise requires, words importing
the singular include the plural and vice versa and any gender includes all
genders. Any reference in these Terms and Conditions to a
"person" includes an individual, a company, sole proprietorship,
partnership, trust or body unincorporated. |
| 1.4 |
Any references in these Terms and Conditions to
"including" or "include" means including or includes
without limitation. |
|
| 2.1 |
The scope and types of service made available by the Bank, the
applicable restrictions and transaction limits, the cut-off time and date
applicable to a particular type of service, the applicable service fees and
other features in respect of the i-banking Service will be determined by
the Bank from time to time at its absolute discretion. |
| 2.2 |
The Bank is entitled at any time, without any further verifications, to act on i-banking Instructions for:-
- my/our applications
for any new service, product, account, loan or other facility from time
to time provided by the Bank;
- effecting any
transfer of funds for me/us or for effecting any other transactions
for me/us in relation to any service, product, account, loan or other
facility provided to me/us by the Bank or for entering into any transactions
between the Bank and me/us;
- providing any
information, statements, reports to me/us regarding any service,
product, account, loan or other facility provided by the Bank and for
handling my/our transaction relating to any such service, product, account,
loan or facility.
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| 2.3 |
Any transaction or other dealing effected after the
daily cut-off time in Hong Kong or on a non-Business Day may be treated for
value on the next Business Day. |
| 2.4 |
The Bank may at its sole discretion add to, modify,
restrict, suspend or terminate i-banking Service at any time. |
|
| 3.1 |
I/We shall, and shall ensure that all the Representative(s) will, keep
each Security Code confidential. I/We shall be solely responsible for any
accidental, intentional or unintentional disclosure to any other person.
I/We should:
- change the password
and login ID provided by the Bank to a self-selected password and
login ID in accordance with the Bank's instruction immediately upon
receipt of the initial password advice from the Bank,
- not disclose, or
release the login ID, the password or other Security Code to any third
party,
- implement control
measures to prevent unauthorized access to the login ID, the password
or other Security Code;
- not write down or
record the login ID, the password or other Security Code without
disguising it, and
- change the password,
the login ID and other Security Code on a regular basis,
and I/we shall ensure that each Representative shall
comply with the aforesaid obligations.
|
| 3.2 |
I/We acknowledge that there are risks of any Security
Code being abused by the Representative(s) or any other persons or for
unauthorized purposes and I/we agree to bear all such risks. I/We shall
notify the Bank, in accordance with these Terms and Conditions, upon notice or suspicion of any Security Code
being disclosed to or obtained by any unauthorized person or any unauthorized
instruction given or transaction effected with any Security Code. I/We
shall be responsible for all transactions and dealings involving the use of
any Security Code prior to the Bank receiving such notice and the Bank
having a reasonable opportunity to take action in respect of such notice. |
| 3.3 |
I/we understand and acknowledge that I/we may be liable for loss suffered by me/us as a result of unauthorised transactions made via the i-banking Service if I/we :-
- act fraudulently or
with gross negligence;
- fail to take
reasonable steps to keep any Security Code secure and confidential;
- knowingly allow the
use by others of any Security Code; or
- fail to inform the
Bank as soon as reasonably practicable after I/we find or believe that
any Security Code has been compromised, lost or stolen or that any
unauthorized transaction has been conducted.
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| 3.4 |
The Bank shall have no duty to verify the identity or
authority of the person giving an i-banking Instruction if the correct
Security Code is used. I/We understand, acknowledge and accept that: (i)
the only purpose of the Security Code(s) is to determine the authenticity
and not to determine the accuracy of, nor discover errors in, any
instruction or content of the information, transmitted, through i-banking
Service and I/we shall be solely responsible for the duplication of any of
my/our instructions and for the accuracy of the content of my/our
instructions and their transmission to the Bank; (ii) that the procedure of
authentication and verification through any Security Code constitutes a
commercially reasonable and acceptable security procedure; and (iii) that
the Bank will rely on any Security Code as if it were my/our name and
signature; and (iv) that no procedure has been established to discover
transmission errors or in the content of the information accessed or
i-banking Instructions. |
| 3.5 |
Any Security Code shall remain effective until changed
by me/us and accepted by the Bank or until cancelled by the Bank. |
| 3.6 |
The Bank is under no obligation or duty concerning the
allocation or use of any Security Code by me/us to any person or selection
of the Representative(s) by me/us. I/We acknowledge that the Bank is not
obliged to ascertain the identity of any Representative(s) or to ascertain
whether any Security Code is being actually used by me/us or the
Representative(s) for me/us. I/We accept the sole responsibility for the
security measures and all arrangements controlling the use of any Security
Code. |
| 3.7 |
The Bank may reject any access to i-banking Service and
all requests for information or transmittal of information or instructions
which do not comply with the authentication procedure as determined by the
Bank from time to time. The Bank shall not incur any liability, and I/we
agree to indemnify, release and hold the Bank harmless if it rejects any
access, inquiry and/or instruction as herein indicated. |
| 3.8. |
The Bank may at any time modify all or any of the
security procedures established for i-banking Service, including, but not
limited to, modification of the rules of operation, delivery of any
Security Code and authentication procedures. |
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| 4.1 |
I/We shall ensure that, at all times, each Representative has the
necessary powers and authorisation required for giving i-banking
Instruction. The Bank shall in no event be liable for the lack of powers of
any Representative. |
| 4.2 |
Any i-banking Instruction, once given, may not be
amended, revoked or withdrawn without the prior consent of the Bank. Any
i-banking Instruction acted on by the Bank in good faith shall be binding
on me/us without the need of any further confirmation. The Bank will not
further verify the authenticity of any i-banking Instruction and may treat
all apparently valid i-banking Instructions received by the Bank as
instructions properly authorised by me/us even if made fraudulently and
even if they conflict with the terms of any other instructions or mandates
given by me/us at any time concerning my/our accounts or affairs. |
| 4.3 |
I/We am/are responsible for the accuracy and
completeness of i-banking Instructions and for ensuring the instructions as
transmitted correctly. If a dispute arises at any time in relation to the
contents of any i-banking Instruction or any related Transaction, the
Bank's relevant recordings shall be conclusive evidence of such contents. |
| 4.4 |
The Bank will only act upon or carry out an i-banking
Instruction in so far as it is practicable or reasonable for it to do so
and in accordance with its regular business practices and procedures. Any
i-banking Instruction received by the Bank outside the normal business
hours of the Bank or on a non-Business Day may be considered to have been
received by the Bank on the next Business Day. |
| 4.5 |
Notwithstanding any provision in these Terms and
Conditions to the contrary, the Bank may, at its sole discretion, refuse to
carry out any i-banking Instruction without giving any notice or reason to
me/us. |
|
| 5.1 |
I/We shall use, and shall ensure that the Representative(s) shall use,
the i-banking Service in accordance with these Terms and Conditions and the
operation policies, procedures and guides relating to i-banking Service
provided by the Bank from time to time. |
| 5.2 |
I/We undertake not to tamper with, modify, decompile,
reverse engineer or otherwise alter or gain unauthorized access to any part
of i-banking Service or the Bank's website or any of the software comprised
in them. The Bank is entitled to terminate the use of i-banking Service by
me/us without notice and to take legal action against me/us for breach of
this undertaking. |
| 5.3 |
I/We shall notify the Bank as soon as I/we or any
Representative(s) encounter any irregularity or difficulty in using
i-banking Service. |
| 5.4 |
Once it has come to my/our attention that the Security Code has become lost or stolen or otherwise compromised, or that the i-banking Service may, for whatever reason, be liable to misuse, I/we must immediately notify the Bank, such notification to be confirmed in writing within three days. Unless the bank receives effective notification as outlined above, I/we may be liable in respect of any use of and/or transactions made via i-banking Service as a result. I/We will cooperate fully with the Bank in its investigation into the circumstances of the loss, theft or misuse of Security Code, including to provide the Bank all relevant
information as to the circumstances of the loss, theft
or misuse of Security Code and take all steps deemed necessary by the Bank
to assist the Bank in relation to these matters. In the event of any such
loss, theft or misuse whether actual or as suspected by the Bank, the Bank may provide the police with any information it considers relevant. |
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| 6.1 |
I/We must, at my/our sole cost and responsibility, ensure that the
equipment used to access i-banking Service is reliable, compatible and
meets the minimum specifications required for the purpose. |
| 6.2 |
It is my/our sole responsibility to maintain, update
and, eventually, modify the equipment in accordance with any technical
requirements which may be introduced in the future. |
|
| |
Any exchange rate, loan rate or interest rate quoted by
the Bank in the course of providing i-banking Service is for reference only
and is not binding on the Bank unless confirmed by the Bank. Such confirmed
exchange rate, loan rate or interest rate, if accepted by me/us through
i-banking Service, shall be binding on me/us notwithstanding that a
different exchange rate, loan rate or interest rate might have been quoted
by the Bank at the relevant time through other means of communication. |
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|
| |
The Bank is authorized to record by any means all
i-banking Instructions between the Bank and me/us or any person acting on
my/our behalf, and to keep those recordings for as long as the Bank
considers necessary. |
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| 9.1 |
The Bank shall always have the right to, at its sole discretion and
without notice, where considered necessary or advisable to do so, suspend
and or temporarily cancel:
- my/our access to
i-banking Service;
- my/our access to and
use of any services provided by the Bank if the Bank discovers any
irregularity and / or in order to carry out any works for updating or
maintaining a quality service, increasing security or data processing.
The Bank will not reactivate any such services until the
reasons for such suspension have effectively been overcome to the satisfaction of the Bank.
|
| 9.2 |
The Bank shall not be responsible for any direct or
indirect loss or damage (including, but not limited to, damage to my/our
data, software, and computer hardware or telecommunications equipment)
caused directly or indirectly by my/our use of i-banking Service or the
information provided through i-banking Service. In no event will the Bank
be responsible for costs, damages, losses, expenses or liabilities of any
kind whatsoever which may arise or allegedly arise in relation to i-banking
Service, or in relation to any failure, error, omission, interruption,
defect, delay in the operation, transmission or receipt, computer virus or
failure of the systems or lines, except caused by the negligence or wilful
default of the Bank. |
| 9.3 |
The Bank disclaims all conditions, warranties or other
terms whether expressed or implied by statute, custom or usage relating to
the information contained in or omitted from i-banking Service. |
|
| 10.1 |
The Bank may suspend or terminate i-banking Service upon closure of
my/our accounts, services or otherwise. Suspension or termination by me/us
of i-banking Service shall be effective only after written notice of such
suspension or termination has been given to the Bank and the Bank has a
reasonable opportunity to act upon the notice. |
| 10.2 |
The Bank shall not be liable for any loss or damage
suffered by me/us as a result of or arising out of any voluntary or
involuntary suspension or termination of i-banking Service for any reason
whatsoever. |
| 10.3 |
In addition, the Bank may at any time suspend i-banking
Service if it receives any notification made or purportedly made by me/us
or the Representative(s) in respect of the loss, theft or possible
compromise of any Security Code or if I/we breach any of my/our obligations
under these Terms and Conditions. |
| 10.4 |
Either party may terminate i-banking Service any time by
giving a thirty (30) days prior written notification the Bank
may terminate i-banking Service without any notice on the grounds that if I/we breach any of my/our obligations under these Terms and Conditions. |
| 10.5 |
Upon termination of i-banking Service, my/our ability to
access and utilise i-banking Service will cease provided, however, each
transaction or dealing that has been initiated prior to the termination
date, as determined by the Bank, that has not been fully executed, will not be rescinded (unless the Bank, in its sole discretion, determines otherwise) and shall remain subject to the terms and conditions of these Terms and Conditions until
fully completed. |
|
| 11.1 |
I/We agree to pay such charges (if any) for the provision of i-banking
Service, as the Bank shall advise me/us from time to time. |
| 11.2 |
The Bank may vary its charges and the frequency and
dates of payment of such charges on giving me/us not less than thirty (30)
days notice. These charges are in addition to any charges for specific
banking or other services the Bank might provide in response to i-banking
Instructions. I/We should inform the Bank if I/we wish to receive details
of the Bank's charges for particular banking or other services. |
| 11.3 |
I/We authorise the Bank to debit any of my/our accounts
with any charges for the provision of i-banking Service. |
| 11.4 |
I/We shall pay all costs, if any, of communicating with
the Bank through i-banking Service. |
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| 12.1 |
I/We acknowledge and accept that i-banking Service, as well as all of
its components, including, without limitation to, technical, literature or
any other processes, software, hardware, documents and information
contained in or incorporated into the same: (i) are the property of the
Bank and of other interested parties (or both), including third parties
from whom the Bank has obtained rights including licenses and rights to
issue licenses; and (ii) constitute trademarks or copyrights. The Bank
retains all proprietary right and any other right which it has, on its own
or through third parties, or in the future it may have over i-banking
Service, including all service elements. The Bank, at its sole discretion,
may provide or make available to me/us, with or without charge to me/us,
revisions, updates, and modifications to the services and to the
instructional, informative or any other documents, if any, associated with
i-banking Service. |
| 12.2 |
I/We will not copy or duplicate on my/our own or through
other persons or entities, nor will I/we allow another to copy or
duplicate, all or any part of i-banking Service module, document or
component without the Bank's prior written consent. I/We acknowledge and
agree that I/we shall not directly or indirectly sell, lease, license,
assign, transfer or otherwise charge or encumber any specification
documents, templates and formats, systems or programs and any other
materials, software, hardware, equipment or information, relevant to
i-banking Service which are from time to time in whole or in part provided,
developed and/or utilized by the Bank or by me/us in connection with
i-banking Service. |
| 12.3 |
The Bank has no responsibility or liability to me/us for
any damages, expenses or costs which I/we may suffer or incur arising from
or referable to the installation or operation of i-banking Service
components (including, without limitation, any software or hardware),
unless this is caused by the Bank's negligence or wilful default. |
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| 13.1 |
I/We acknowledge there are certain security, corruption, transmission
error and access availability risks associated with using internet and I/we
expressly assume such risks. The Bank makes no warranty or representation
as to the foregoing. I/We am/are satisfied with the adequacy and
suitability of i-banking Service as a delivery mechanism for data and
instructions and of the security procedures |
| 13.2 |
Except as expressly set out in these Terms and
Conditions, the Bank does not make any warranties concerning i-banking
Service or its system, including, without limitation, any warranties on
satisfactory quality, merchantability or fitness for a particular purpose. |
| 13.3 |
The Bank shall not at any time incur any liability to
me/us (and I/we hereby expressly waive and release any and all claims and
causes of action which I/we may at any time have against the Bank) in
connection with any acts, omissions or circumstances at any time arising
out of or relating to these Terms and Conditions, or a transaction contemplated
by these Terms and Conditions (other than any such acts or omissions
amounting to negligence or wilful misconduct on the part of the
Bank). |
| 13.4 |
Without limiting the foregoing, the Bank: (i) shall not
be obligated to accept, and shall not be liable for failing to accept, any
i-banking Instruction; (ii) shall not be liable for any failures, delays,
errors, claims or damages in the execution or effectuation of any
transaction occasioned by the fault or negligence of any other bank or party,
nor shall the Bank be liable for any other cause beyond its control; (iii)
shall not be liable for any errors, defect, breakdown, deficiency,
malfunction or failure in respect of the system, software or
telecommunication system in relation to i-banking Service (whether
belonging to or operated by the Bank or otherwise) except caused by the
Bank's negligence or wilful default; (iv) shall not be liable for executing
incorrect i-banking Instructions received by it; (v) shall not be liable
for failing to execute instructions not received by the Bank and (vi) shall
not be liable for malfunctions or capacity reduction in i-banking Service
or in public communications facilities not under the Bank's control that
may affect the accuracy, timeliness of or transmission of my/our
instructions to the Bank or other communications with the Bank. |
| 13.5 |
The Bank shall at all times be indemnified, reimbursed
and held harmless by me/us from and against any and all claims, demands,
causes of actions, liabilities, losses, damages, costs and expenses which
may at any time be imposed upon, incurred or suffered by, or asserted
against the Bank in connection with any acts, omissions or circumstances
arising out of or relating to these Terms and Conditions, or any breach by
me/us of these Terms and Conditions, or any other matter or transaction
contemplated by these Terms and Conditions (other than any such acts or
omissions amounting to gross negligence or wilful misconduct on the part of
the Bank). |
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| 14.1 |
I/We agree that the Bank is entitled to rely on the i-banking
Instruction, notwithstanding anything to the contrary contained in any
other agreements or contracts between the Bank and me/us in relation to
my/our accounts or the banking facilities and/or services provided to me/us
by the Bank ("Other Banking Agreements"). Any references in the Other Banking
Agreements to instructions, notifications or other communications between
me/us and the Bank which are stated to be made in writing may be satisfied by an
electronic communication made in accordance to these Terms and Conditions in the context of i-banking Service. |
| 14.2 |
Unless otherwise specified in these Terms and Conditions, each transaction to be effected pursuant to an i-banking
Instruction shall also be subject to the terms and conditions of the
applicable Other Banking Agreement(s). I/We shall ensure that the proposed
transaction shall comply with the terms and conditions of the applicable
Other Banking Agreement(s) prior to giving i-banking Instruction to the
Bank. |
| 14.3 |
I/we understand that the Bank may from time to time introduce supplementary terms to these Terms and Conditions of which I/we will be notified. |
|
| |
The Bank does not warrant or represent that the
information provided through i-banking Service is accurate, sufficient,
up-to-date or error free. Some of the information available through
i-banking Service may be identified on the screens or in any user guide in
respect of any electronic media as subject to a disclaimer or other
provisions. If I/we rely on that information, I/we do so subject to the
disclaimer or those provisions. |
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| 16.1 |
The Bank may at any time amend or vary any provision of these Terms and
Conditions by giving prior written notice to me/us in accordance with the
requirements of applicable codes and guidelines. |
| 16.2 |
No act, omission or delay by the Bank shall be a waiver
of the Bank's rights or remedies under these Terms and Conditions unless
otherwise agreed in writing by the Bank. |
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Except as otherwise expressly stated in these Terms and Conditions, no one other than a party to these Terms and Conditions may enforce any of its terms under the Contracts (Rights of Third Parties) Ordinance, Cap. 623 of the Laws of Hong Kong. Where any clause of these Terms and Conditions entitles any third party to enforce any term of these Terms and Conditions under the Contracts (Rights of Third Parties) Ordinance, the parties reserve the right to vary that term or any other term of these Terms and Conditions without the consent of that third party. |
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These Terms and Conditions shall be governed by and
construed in accordance with the laws of Hong Kong and the parties agree to
submit to the non-exclusive jurisdiction of the Hong Kong courts. |
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| |
The English version of these Terms and Conditions shall prevail wherever
there is a discrepancy between the English and the Chinese versions. |
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