Please note that the applicable terms and conditions for accounts and related services in respect of the accounts and/or services concerned and/or applicable cardmember agreement (as the case may be) (hereinafter collectively referred to as the "General Terms and Conditions") from time to time issued by the Bank shall apply to the following as if those General Terms and Conditions are set out in these Terms and Conditions in full.
| 1. |
Definitions
| 1.1 |
"Bank" means China Construction Bank (Asia) Corporation Limited, which shall include its successors, assigns, transferees and any other person deriving title under any of them. |
| 1.2 |
"Biometric Credentials" means fingerprint, facial map or any other biometric data that is registered in the Customer's mobile device. |
| 1.3 |
"Biometric Credential Authentication Service" means the authentication method for accessing the Bank's Online Banking Services using Customer's Biometric Credentials, as may be offered by the Bank from time to time in accordance with the Terms and Conditions for CCB (Asia) Biometric Credential Authentication Service. |
| 1.4 |
"Business Day" means a day on which the Bank is open for banking business in Hong Kong but excluding Saturday afternoon. |
| 1.5 |
"Card" means any credit card issued by the Bank (including without limitation, VISA, MasterCard, China Unionpay or others, whether categorised as class/standard, gold, platinum or others, as the case may be). |
| 1.6 |
"Computer System" means the computer equipment, mobile devices, other equipment or devices, and all hardware, software, application and modem connected to or contained in it which is required to access the Online Banking Services. |
| 1.7 |
"Content(s)" means all messages, files, characters, text, files, data, software, images, photographs, illustrations and other materials whatsoever that appear, can be heard, read, downloaded or accessible through the Website, Mobile App and/or the Online Banking Services. |
| 1.8 |
"Customer" means any customer of the Bank. |
| 1.9 |
"Designated Account" means each account in the name of the Customer maintained with the Bank in Hong Kong from time to time designated by the Customer for the purposes of using the Online Banking Services. |
| 1.10 |
"Funds Transfer Services" means the funds transfer services described in Clause 2(d) comprising part of the Online Banking Services. |
| 1.11 |
"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China. |
| 1.12 |
"IP Rights" means copyright, trademark, logo and other intellectual property rights, whether registered or unregistered. |
| 1.13 |
"Mobile App" means such mobile application software(s) as may be designated by the Bank from time to time. |
| 1.14 |
"Mobile Token" means a feature in-built within and linked to the Mobile App which is used to generate a Security Code or otherwise to authenticate and grant the Customer access to and/or use of any Online Banking Services. |
| 1.15 |
"Mobile Token Password" means the personal identification number self-selected and designated by the Customer for the purpose of utilizing the Customer's Mobile Token. |
| 1.16 |
"Online Banking Instruction" means an instruction given by the Customer to the Bank through any Online Banking Service. |
| 1.17 |
"Online Banking Services" means the services rendered by the Bank via the Website and/or Mobile App which enable the Customer to obtain information or data from the Bank and/or give instructions to the Bank including but not limited to effecting transactions through the Bank by the use of the Computer System. |
| 1.18 |
"Online Banking Transaction" means a transaction effected by the Bank in accordance with an Online Banking Instruction. |
| 1.19 |
"Password" means a personal identification code issued by the Bank to the Customer or self-selected by the Customer for the purpose of utilizing any Online Banking Service. |
| 1.20 |
"Security Code" means a one-time password that is automatically generated by a Mobile Token, or generated and displayed on the Security Token, or sent to the designated mobile number at the relevant time to be used for the purpose of utilizing certain Online Banking Services specified by the Bank from time to time. |
| 1.21 |
"Security Token" means a physical digital device provided by the Bank to the Customer at the Customer's request for the purpose of generating and displaying a Security Code. |
| 1.22 |
"Third Party Provider(s)" means the third party(ies) providing Third Party Website(s), contents, products and/or services. |
| 1.23 |
"Third Party Website(s)" means web pages or websites outside or linked to the Website or the Mobile App (including but not limited to hyperlinks, search engines and advertisements). |
| 1.24 |
"Transferred Amount" means the amount to be transferred under an Online Banking Instruction in respect of Funds Transfer Services. |
| 1.25 |
"Username" means the login ID number for the purpose of any Online Banking Transaction.. |
| 1.26 |
"Website" means www.asia.ccb.com or such other website(s) as the Bank may from time to time host. |
|
| 2. |
Scope of Service, Limits on Amounts and Cut-off Time
| (a) |
Online Banking Services are offered by the Bank to the Customer only if the Customer maintains at least one Designated Account with the Bank in Hong Kong. |
| (b) |
The Bank may require the Customer to designate one or more Designated Accounts for the purposes of using the Online Banking Services. The Customer may from time to time add or remove any Designated Account in such manner as the Bank may reasonably prescribe which shall become effective upon acceptance by the Bank. |
| (c) |
Online Banking Services are only offered to Customers in Hong Kong and such other jurisdictions where the Online Banking Services may be lawfully offered. Any person using the Online Banking Services is responsible for observing any prohibitions or restrictions applicable to him regarding use of the Online Banking Services. |
| (d) |
As part of the Online Banking Services, the Bank may make available to the Customer the Funds Transfer Services including the following:
| (i) |
currency exchange services; |
| (ii) |
transfer of funds between the Designated Accounts; |
| (iii) |
transfer of funds from any Designated Account to any third party account maintained with the Bank in Hong Kong which has been registered with the Bank for such purpose in such manner and supported by such documents as the Bank may reasonably prescribe; |
| (iv) |
transfer of funds from any Designated Account to any account (whether in the name of the Customer or any other person) maintained with any Hong Kong licensed bank provided that such recipient account has been registered with the Bank as a permitted recipient account for such purpose in such manner and supported by such documents as the Bank may reasonably prescribe; and |
| (v) |
subject to enablement by the Customer in such manner as the Bank may reasonably prescribe, transfer of funds from any Designated Account to any account (whether in the name of the Customer or any other person) maintained outside Hong Kong with any branch or office of the Bank or any other bank. |
|
| (e) |
The scope and types of service made available by the Bank, the restrictions on the use of the service, the maximum or minimum transaction limits, the cut-off time and/or date applicable to a particular type of service, the applicable service fees and other features in respect of the Online Banking Services may be determined or varied by the Bank from time to time without prior notice to the Customer, subject to the notice requirements for variations to these Terms and Conditions as set out in Clause 18 of these Terms and Conditions. Updated information relating to the Online Banking Services is available from the Bank upon request. |
| (f) |
The Online Banking Services provide an additional means subject to the General Terms and Conditions for the Customer to operate its Designated Accounts and conduct transactions. All other terms and conditions governing the Customer's accounts and transactions shall continue to apply but, where there is any discrepancy, these Terms and Conditions shall prevail insofar as the Online Banking Services are concerned. |
| (g) |
The Bank grants the Customer, for the term of these Terms and Conditions, a personal, limited, non-exclusive, revocable, non-transferable and non-sublicenseable license to use the Online Banking Services pursuant to these Terms and Conditions. The Bank may provide certain portions of the Online Banking Services under license from third parties, and the Customer will comply with any additional restrictions on their usage communicated to the Customer by the Bank from time to time. |
| (h) |
The Bank is providing the Online Banking Services to the Customer for the Customer’s own use, and only for the purposes prescribed by the Bank from time to time, and subject to these Terms and Conditions. The Customer may not use the Online Banking Services on behalf of third parties without the Bank’s permission. The Customer may not sell, lease, or provide, directly or indirectly, the Online Banking Services or any portion of the Online Banking Service to any third party except as permitted by these Terms and Conditions. |
| (i) |
E-mail, chat and instant messaging features may be provided to the Customer as a convenience to enhance the Customer’s communications with the Bank. If provided, the Customer will use these features in compliance with applicable laws, rules and regulations, and the Customer will not use them to transmit inappropriate information, including information that may be deemed obscene, libellous, harassing, fraudulent or slanderous. The Bank is not responsible for any transactions the Customer may attempt to enter or orders or instructions the Customer may attempt to make by means of these services. |
|
| 3. |
Funds Transfer Services
| (a) |
The Bank shall debit the Designated Account(s) of the Customer immediately upon receipt of the Online Banking Instruction from the Customer. If the Transferred Amount exceeds the balance in the Designated Account, or the Transferred Amount exceeds the transfer limit as imposed by the Bank from time to time, or the Bank has reasonable grounds to believe that the implementation of the Online Banking Instruction will cause the Bank to violate applicable laws and/or the regulations and/or the requirements of the regulatory authorities, the Bank is entitled at its absolute discretion not to implement the Online Banking Instruction and shall not be liable in any manner whatsoever. The Customer should conduct its own checks for the status of the Designated Account(s) and whether the Online Banking Instructions have been implemented. |
| (b) |
The Customer shall take note of the cut-off time for placing Online Banking Instruction for Funds Transfer Services as announced by the Bank from time to time. The time for which the Bank receives any Online Banking Instruction shall be determined according to the system and records of the Bank. However, the cut-off time and any indication by the Bank as to the time required for implementation of the Online Banking Instruction shall be for reference only and the Bank shall not be liable for any delay in the transfer of funds. |
| (c) |
In order to use the Funds Transfer Services, the Customer must use a Security Code or otherwise authenticate the Customer's identity through the usage of the Mobile Token. The Bank may require the Customer to use Security Code or the Mobile Token in order to access any other Online Banking Services. |
| (d) |
The Bank shall be under no liability under any circumstances to recover any amount paid to the receiving bank and shall be under no liability in case of the receiving bank failing to pay the Transferred Amount to the transferee for any reason. The Bank shall not be liable in any manner whatsoever for any charges or levies imposed by the receiving bank in respect of any Online Banking Instruction. |
| (e) |
While acknowledging that funds transfers to third party accounts involve risks, the Customer agrees that the Bank shall not be liable to the Customer and/or any third party for any delay and/or non-transfer of part or all of the Transferred Amount or any mistake made in the transfer of the Transferred Amount in the absence of negligence, wilful misconduct or fraud of the Bank. |
| (f) |
No payments shall be made in the case of the receiving bank being in default in the interbank settlement prior to the payments by the Customer being made to them and the debit entries in the Designated Account(s) shall be reversed with accord. |
|
| 3A. |
Accessing the Online Banking Services / Using the Mobile Token
| (a) |
Depending on the type of Online Banking Services which the Customer wishes to access and/or use, the Customer will be required to perform one or more of the following steps which the Bank may in its sole discretion require:
| (i) |
entering the correct combination of the Customer's Username and Password; |
| (ii) |
applying the Customer's Biometric Credentials using the Bank's Biometric Credential Authentication Service offered by the Bank for authentication purposes; or
|
| (iii) |
entering a Security Code generated by a Security Token or which is sent to the Customer's designated mobile number.
|
| (iv) |
entering a Security Code generated by a Mobile Token where such Security Code is generated by either (1) entering the correct Mobile Token Password; or (2) applying the Customer's Biometric Credentials using the Bank's Biometric Credential Authentication Service. |
|
| (b) |
The Mobile Token is a digital security token which is offered by the Bank to Customers who have downloaded and signed up for the Mobile App as one of the means for the Customer to authenticate his or her identity for accessing and/or using the Online Banking Services. The Customer may set up his or her Mobile Token on any compatible mobile device acceptable to the Bank by:
| (i) |
logging on to the Customer's Mobile App and accepting all applicable terms and conditions for the set-up and use of the Mobile Token; |
| (ii) |
applying the Customer's Biometric Credentials for authentication purposes; |
| (iii) |
entering a Security Code which will be sent to the Customer at his or her designated mobile number registered with the Bank; and
|
| (iv) |
designating a Mobile Token Password, and/or where the Customer's mobile device carries a biometric authentication function and the Customer has agreed to the Terms and Conditions for CCB (Asia) Biometric Credential Authentication Service, enabling access to and use of the Mobile Token via Biometric Credential Authentication Service,
|
| or otherwise in accordance with any other steps or instructions as may be prescribed by the Bank from time to time. |
|
| (c) |
The Customer may check
https://www.asia.ccb.com/hongkong/doc/personal/banking_channels/compatiable-android-devices.pdf for a list of mobile devices which are compatible with the Mobile Token function of the Mobile App. However, the Bank does not guarantee the compatibility or fitness-for-use of any particular model or brand of mobile device for the purposes of the Mobile Token and the Customer shall be solely responsible for ensuring that the mobile device designated by him or her for set up and use of the Mobile Token is compatible with any and all software or hardware requirements of the Mobile Token and is at all times fit-for-use for the purposes of the Mobile Token. |
| (d) |
The Customer acknowledges that the Bank may from time to time prescribe updates to the Mobile App or the Website which must be installed in order to enable the proper functioning of the Mobile App. The Customer acknowledges that it is the Customer's sole responsibility to update his or her Mobile App and/or access the latest updated version of the Website to access the Online Banking Services using the Mobile Token and the Bank shall not be liable to the Customer for any loss or damage caused to the Customer due to his or her inability to access any Online Banking Services if the Customer fails to (A) install any required updates to the Mobile App or (B) access the latest version of the Website. |
| (e) |
Set up and activation of the Mobile Token creates and stores a digital security token which is bound to the Customer's mobile device that is used for such set up and activation. The Customer acknowledges that the Mobile Token may only be bound to and activated only on one mobile device at a time. Once bound to such Mobile Token, the Customer's bound mobile device will be recognized by the Bank for the purposes of authenticating the Customer's identity on a continuous basis in relation to the access and use of any Online Banking Services. Should the Customer wish to stop using the Mobile Token or otherwise unbind a mobile device from the relevant Mobile Token, the Customer may do so by deregistering the Mobile Token from the relevant mobile device or otherwise contacting the Bank by calling the Bank's customer hotline posted by the Bank in the Website or Mobile Appfor further assistance. |
| (f) |
The Customer acknowledges that once the Mobile Token is activated, the Customer's Security Token will be automatically disabled and may no longer be used to access or use any Online Banking Services. |
|
| 4. |
Username, Password, Security Code and Security Token
| (a) |
The Customer shall take reasonable steps to keep the Username, the Password, his or her Mobile Token Password and any Security Code confidential. The Customer is advised:
| (i) |
to change the Password provided by the Bank to a self-selected Password in accordance with the Bank's instruction immediately upon receipt of the initial Password advice from the Bank; |
| (ii) |
to set a Password and Mobile Token Password (where applicable) that is difficult to guess (e.g. not to select such information as birthday, telephone number or recognizable part of the Customer's name in selecting new password) and different from the ones for other services; |
| (iii) |
to memorise the Username, Password and Mobile Token Password (where applicable) and destroy the notice to the Customer of the Username and Password; |
| (iv) |
not to disclose to, share with, allow access or use by anyone to or of any of the Card, Username, Password, Mobile Token Password (where applicable) or Security Code; |
| (v) |
not to write down the Password on any Card issued by the Bank or keep the Password and the Card together; |
| (vi) |
not to write down the Mobile Token Password (where applicable) on the Mobile Token or keep the Mobile Token Password and Mobile Token together;
|
| (vii) |
not to write down or record any of the Username, Password, Mobile Token Password (where applicable) or Security Code without disguising it;
|
| (viii) |
to change the Password and Mobile Token Password (where applicable) on a regular basis and not to store the Password and Mobile Token Password (where applicable) on computers, mobile phones or anywhere in plain sight;
|
| (ix) |
to act in such manner so as to avoid shoulder surfing over the Username, Password, Mobile Token Password (where applicable) or Security Code; |
| (x) |
not to use public or shared personal computers or mobile devices or public Wi-Fi to access the Online Banking Services;
|
| (xi) |
if the Bank sends a Security Code to the Customer’s mobile device, not to send such Security Code from one mobile device to another mobile device;
|
| (xii) |
to install appropriate anti-virus, personal firewall software and other security software to protect the devices the Customer uses to access the Online Banking Services; |
| (xiii) |
in case of Online Banking Services for business purposes, to adopt proper dual controls and authorisation before conducting high-risk transactions; |
| (xiv) |
to safeguard against social engineering techniques for obtaining any of the Customer’s information such as the Username, the Password, the Mobile Token Password (where applicable) or a Security Code through fake or suspicious emails, websites or internet banking mobile applications or impersonating the Bank’s staff or the police; |
| (xv) |
to only connect to the Website by typing the authentic website address into the browser or by book marking the genuine website for subsequent access and not to access the Website through hyperlinks embedded in emails, internet search engines or suspicious pop-up windows; |
| (xvi) |
to only connect to the Mobile App downloaded from the Website or app stores designated or approved by the Bank; |
| (xvii) |
to change the Password and Mobile Token Password (if applicable) immediately if the Customer suspects that he or she has been deceived by any fraudulent website, mobile application, email or SMS/WAP push message (for example, if the Customer fails to log on to the Mobile App after using the correct Biometric Credentials, with or without any alert messages); |
| (xviii) |
to promptly check the relevant notification and any account statement(s) or advice(s) the Bank sends to the Customer and information about the date and time of the last logon by the Customer into the Online Banking Services, and to notify the Bank as soon as practicable by calling the Bank’s customer hotline posted by the Bank in the Website or Mobile App whenever unusual transactions or observations are detected; and |
| (xix) |
refer to and comply with any additional security advice(s) provided by the Bank from time to time. |
| The Customer may be held liable for the losses if he or she has failed to comply with any of the above safeguards.
|
|
| (b) |
The Customer understands and acknowledges that there are risks of the Card, Username, Password, Mobile Token Password and Mobile Token (where applicable) and/or Security Code of the Customer being misused by unauthorised persons or used for unauthorised purposes. The Customer shall notify the Bank as soon as reasonably practicable upon (i) any notice or suspicion of the Card, Username, Password, Mobile Token Password (where applicable), Security Token (where applicable), and/or Security Code being lost, stolen, compromised or disclosed to or obtained by any unauthorised person; (ii) any unauthorised instruction given or transaction effected with the Card, Username, Password, Mobile Token Password (where applicable) and/or Security Code; or (iii) any compromise or unauthorised use of the Mobile Token.Such notice may be given by the Customer to the Bank via any of the following methods:
(I) calling the Bank's customer hotline posted by the Bank in the Website or Mobile App
(II) contact any of the Bank's branches
or any other method notified by the Bank from time to time.
If the Customer fails to report such incidents to the Bank as soon as reasonably practicable, or has otherwise acted fraudulently or with gross negligence, the Customer may be held responsible for all such transactions involving the use of any of the Card, Username, Password, Mobile Token Password (where applicable), Mobile Token (where applicable) and/or Security Code and all direct losses as a result.
|
| (c) |
All instructions given to the Bank by anyone using any of the Card, Username, Password, Mobile Token Password and/or Security Code of the Customer, or otherwise through any unauthorised use of the Customer's Mobile Token, prior to the Bank receiving notice as mentioned in Clause 4(b) of these Terms and Conditions and the Bank having a reasonable opportunity to take action in respect of such notice will be relied on or acted upon by the Bank and shall be irrevocable. The Bank shall have no duty to verify the identity or authority of the person giving an instruction to the Bank if the correct Card, Username, Password and/or Security Code of the Customer is used or if the Mobile Token is utilized using the correct Mobile Token Password or biometric logon credentials.
|
| (d) |
A Card, Username, Password, Mobile Token Password (where applicable), Mobile Token (where applicable) or Security Token shall remain effective until changed or cancelled by the Customer (provided that the Bank has received notice of the change or cancellation from the Customer and the Bank has a reasonable opportunity to act upon the notice) or cancelled by the Bank or any other issuing authority. |
| (e) |
To help reduce internet related risks relating to the use of Online Banking Services, the Bank may set (and may from time to time revise) limitations on and/or amend the size of transactions, approved fund transfer destinations and other features of the Online Banking Services and/or set user requirements. |
| (f) |
In addition and without prejudice to Clause 4(a) of these Terms and Conditions, the Customer undertakes to act in good faith and prudently and exercise reasonable care in:
| (i) |
safeguarding the security of any of the Username, Security Token, Security Code, Password, Mobile Token Password (where applicable), Mobile Token (where applicable) and the Online Banking Services; |
| (ii) |
ensuring that the Customer only accesses the Online Banking Services by means and procedures approved by the Bank; |
| (iii) |
ensuring that no other person has unauthorised access to the Online Banking Services or the Designated Account (whether by use of the Computer System or otherwise), including but not limited to Username, Password, Security Token, Security Code, Mobile Token Password (where applicable), Mobile Token (where applicable) or other authentication methods required to obtain such access; |
| (iv) |
the use of any Security Token, Mobile Token (where applicable), software, computer system, user guide or any other facilities provided by the Bank to the Customer to facilitate him in effecting any transaction(s) and in returning the same to the Bank immediately upon its request; |
| (v) |
ensuring that the browser, cache memory and/or app cache memory (as the case may be) will be cleared as soon as the Customer signs off from or exits the Website and/or Mobile App; |
| (vi) |
ensuring that the Customer signs off from the Website and exits the browser and/or Mobile App (as the case may be) immediately after each time he or she uses the Website and/or Mobile App; |
| (vii) |
complying with and carrying out such security measures that the Bank may from time to time impose; and |
| (viii) |
complying with all applicable laws and regulations and not using the Online Banking Services for or in connection with any illegal, unauthorised or fraudulent purpose or activity.
|
|
|
| 5. |
Suspension or Termination of Services
| (a) |
The Bank may at its discretion restrict, suspend or terminate all or any part of the Online Banking Service (including the Website, Mobile App and the use and access of the Mobile Token) upon closure of the Customer's Designated Accounts or at any time without notice or reason to the Customer if the Bank has reasonable grounds for doing so. |
| (b) |
Suspension or termination by the Customer of any Online Banking Service shall be effective only after notice of such suspension or termination has been given to the Bank and the Bank has a reasonable opportunity to act upon the notice.
|
| (c) |
Save and except for the circumstances set out in Clauses 5(a) and 5(d) of these Terms and Conditions, the Bank will use its reasonable endeavours to provide prior notice to the Customer of any changes, amendments to, suspensions, restrictions or terminations of the Online Banking Services, the Website, the Mobile App and/or the Mobile Token. However due to those circumstances as set out in Clause 15(a) of these Terms and Conditions, the Customer accepts that prior notice may sometimes not be practicable and therefore not be given. |
| (d) |
The Bank may, at its discretion and without prior notice, suspend or terminate the Online Banking Services immediately if the Bank reasonably decides that the Customer is at any time in breach of any undertaking or provision of these Terms and Conditions or any other related terms and conditions and agreements. |
| (e) |
To the maximum extent permitted by applicable laws and regulations, the Bank shall not be liable for any loss or damage suffered by the Customer as a result of or arising out of any voluntary or involuntary suspension or termination of any Online Banking Service for any reason whatsoever. |
|
| 6. |
Joint Accounts
| (a) |
For joint accounts that may be operated on the signature of only one of the account holders, the following material, if required by any one or more of the joint account holders, will be issued to each joint account holder for use with the Online Banking Services:-
| (i) |
separate Username and Password; |
| (ii) |
eparate Mobile Token; and |
| (iii) |
when applicable, separate Security Token.
|
|
| (b) |
Online Banking Services will not be available in the case of joint accounts requiring the signatures of two or more account holders to operate. |
|
| 7. |
Information Inquiry
| (a) |
Any exchange rate, loan rate or interest rate quoted by the Bank in the course of providing any Online 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 the Customer in an Online Banking Transaction, shall be binding on the Customer 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. |
| (b) |
Information relating to any Designated Account or any Online Banking Transaction made available through the Online Banking Services is for the Customer's reference only. The Bank's records of use of the Online Banking Services by the Customer and all dealings and transactions relating to the Designated Accounts shall be conclusive and binding on the Customer unless and until the contrary is established. |
|
| 8. |
Recordings, Records and Reference Numbers
The Bank is authorised to record by any means all Online Banking Instructions between the Bank and the Customer or any person acting on the Customer's behalf, and to keep those recordings for as long as the Bank considers necessary; any reference numbers, if any, provided by the Bank thereto shall be an acknowledgement and for the Customer's reference only.
|
| 9. |
Online Banking Instruction
| (a) |
Any Online Banking Instruction must be given by the Customer to the Bank by quoting the correct Username, Password, Security Code and/or authentication via the Mobile Token (if requested by the Bank) and other information required by the Bank to effect Online Banking Transactions. Online Banking Instructions shall not be considered to be received by the Bank unless they are given in such manner as the Bank may prescribe and has been actually received by the Bank. |
| (b) |
A record of each Online Banking Transaction will be shown in the regular account statements provided by the Bank to the Customer. |
| (c) |
Any Online Banking Instruction once given by the Customer by using the Online Banking Services may not be amended, revoked or withdrawn without the consent of the Bank. Any such Online Banking Instruction acted on by the Bank in good faith shall be irrevocable and binding on the Customer, whether given by any person purporting to be the Customer. If a dispute arises at any time in relation to the contents of any Online Banking Instruction, the Bank's relevant recordings shall be conclusive evidence of such contents. |
| (d) |
The Bank will only act upon or carry out an Online 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. Unless otherwise specified by the Bank, any Online Banking Instruction received by the Bank after the cut-off time and/or date applicable to particular type of services of the Bank or outside the normal business hours of the Bank or on a non-Business Day will be considered to have been received by the Bank on the next Business Day. |
| (e) |
The Customer is responsible for all its acts and omissions and shall comply with the provisions of the relevant application form and these Terms and Conditions. |
| (f) |
Although the Bank will use reasonable endeavours to ensure that the Online Banking Instruction is executed in a timely fashion, there may be a time lag in transmission of data online. The Online Banking Services (including but without limitation to the Funds Transfer Services, the Website, the Mobile App and the use of the Security Token and the Mobile Token) are also subject to (and may suffer failure or delay in processing and/or transmitting orders, communications or information as a result of) interruption, failure of hardware or software, errors, transmission blackout, delayed transmission due to online traffic or incorrect data transmission due to the public nature of the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasons. Accordingly, the Online Banking Instruction of the Customer may not be executed at the time when the Online Banking Instruction is placed or at all and the Bank shall not be responsible for the actual time when the Transferred Amount shall be credited into the transferee’s account.
|
| (g) |
Although the Bank endeavours to avoid interruptions to the Online Banking Services (including but without limitation to where accessed via the Website, Mobile App, the Security Token and/or the Mobile Token), the Online Banking Services may suffer failure or delays and periods of malfunction or outage. During such periods, the Customer shall place its instruction or may make enquiries by alternative methods such as by contacting the Bank’s branches and hotlines. In the event of system failure of the Online Banking Services, the Bank may cancel any Online Banking Instruction placed by the Customer. The Bank may (but is not obliged to) notify the Customer of such cancellation of Online Banking Instruction by any means that the Bank may consider appropriate (including but not limited to email message or short message via SMS) and in all the circumstances and to the maximum extent permitted by applicable laws and regulations, the Bank will not assume any liability or responsibility for such cancellation of Online Banking Instruction or the non-notification of such cancellation of Online Banking Instruction, or inability on the part of the Customer to receive notification of such cancellation of Online Banking Instruction (whether or not due to the failure of the Customer to provide valid email address and/or mobile phone number capable of receiving short messages via SMS whatsoever). The Customer shall conduct its own checks for the status of the Designated Account(s) and whether the Online Banking Instruction has been implemented.
|
|
| 10. |
Customer's Undertakings, Representations and Warranties
| (a) |
The Customer undertakes to use the Online Banking Services (including but without limitation to the Website, Mobile App, the Security Token and the Mobile Token) in accordance with these Terms and Conditions and the operation policy and procedure relating to Online Banking Services provided by the Bank from time to time.
|
| (b) |
The Customer undertakes:
| (i) |
not to tamper with, modify, decompile, reverse engineer or otherwise alter or gain unauthorised access to any part of the Online Banking Services, the Website, the Mobile App, the Mobile Token, or any of the software comprised in them;
|
| (ii) |
not to access or use the Website, Mobile App, or Mobile Token on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations (e.g. devices that have been "jail-broken" or "rooted"). A jail broken or rooted device means one that has been freed from the limitations imposed on it by the mobile service provider and/or the phone manufacturer without their approval. The use of the Website, Mobile App, or Mobile Token on a jail broken or rooted device may compromise security and lead to fraudulent transactions; and
|
| (iii) |
to only download the Mobile App and its updates from the official mobile application online stores (e.g. Google Play / Apple App Store).
|
| The Bank is entitled to terminate the use of the Online Banking Services (including but without limitation to the Website, Mobile App, the Security Token and the Mobile Token) by the Customer without notice and to take legal action against the Customer for breach of the above undertakings. The Customer shall also be fully responsible and liable for all consequences arising from or in connection with the use of the Online Banking Services if he or she fails to take any of the security measures communicated or published by the Bank or his or her electronic devices' manufacturer from time to time. |
|
| (c) |
The Customer shall notify the Bank as soon as the Customer encounters any irregularity or difficulty in using any Online Banking Services. |
| (d) |
The Customer represents and warrants to the Bank that its use of the Online Banking Services will comply with all applicable laws, rules and regulations and the user guides, policies and procedures applicable to the Online Banking Services and these Terms and Conditions and any other agreement between the Customer and the Bank, as may be amended from time to time. |
|
| 11. |
Liabilities of the Customer
| (a) |
Subject to the General Terms and Conditions and without prejudice to Clause 4 of these Terms and Conditions, if there is no gross negligence, fraud or fault on the part of the Customer, such as failing to properly safeguard his or her device(s) for using the Online Banking Services (including but without limitation to the Website, Mobile App, the Security Token and the Mobile Token), the Customer will not be liable for any direct loss suffered by the Customer as a result of any unauthorised Online Banking Transaction. |
| (b) |
The Customer shall hold harmless and indemnify the Bank, its officers, employees and any other person appointed by the Bank against all actions, liabilities, claims, demands, losses, damages and taxes of any kind made against or incurred by the Bank and such reasonable costs and expenses reasonably incurred by the Bank (including legal fees) in connection with the Bank's provision of the Online Banking Services (including but without limitation to the Website, Mobile App, the Security Token and the Mobile Token) and/or the exercise of the powers and rights of the Bank under these Terms and Conditions, unless such liabilities, claims, costs, damages, expenses, actions or proceedings are caused directly and solely by the negligence or wilful misconduct of any officer, employee or agent of the Bank and without gross negligence, fraud or fault on the part of the Customer. |
|
| 12. |
Ownership of the Security Token and the Mobile Token (where applicable)
The Security Token and the Mobile Token (where applicable) are and shall at all times remain the property of the Bank and issued at the Bank's discretion and the Customer shall immediately (in the case of the Security Token), returnto the Bank, or (in the case of the Mobile Token) deregister or otherwise disable immediately upon the Bank's request. The Customer will ensure that the Security Token and the Mobile Token (where applicable) are kept secure and under the personal control of the Customer and will not permit any person other than the Customer to use the Security Token and the Mobile Token (where applicable).
|
| 13. |
Loss or Theft of the Security Token and/or mobile device bound to Mobile Token
In the event of loss or theft of the Security Token or the mobile device to which a Mobile Token is bound, the Customer shall as soon as reasonably practicable notify such loss or theft to the Bank by telephone at such telephone number as the Bank may from time to time prescribe and confirm the same in writing if requested by the Bank. If the Customer fails to report such incidents as soon as reasonably practicable to the Bank or has otherwise acted fraudulently or with gross negligence, the Customer may be responsible for all direct losses as a result of all unauthorised transactions involving the use of, as the case may be, the lost Security Token or mobile device to which a Mobile Token is bound by any person. If a replacement Security Token or Mobile Token (where applicable) is issued, the Bank may charge a fee for it.
|
| 14. |
Liabilities of the Bank
| (a) |
The Bank will take reasonably practicable steps to ensure that its systems in connection with the Online Banking Services are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to the Bank from time to time. |
| (b) |
The Customer understands and accepts that any person who has access to, possesses, knows or is allowed to find out the Password and/or the Mobile Token Password, or has access to the Security Token (if any) or Mobile Token (where applicable) may be able to have access to the Designated Account(s) and the Bank shall not be responsible for any losses in relation thereto. |
| (c) |
The Customer understands and accepts that, unless there is negligence or wilful default of the Bank, the Bank shall not be liable for any claim, loss or damage suffered by him in relation to the Online Banking Services as a result of:
| (i) |
any inaccurate or incomplete data, or corruption, interception, deletion or loss of data due to fault, failure or malfunction of the Computer System; |
| (ii) |
any breakdown, failure, mutilation, interruption, omission, error, default, mistake, delay, diminution or unavailability of funds which may occur in the transmission or communication of messages or from its misinterpretation by any wireless telegraphy or by the Bank, or its correspondent, agent or its employee or through any other cause(s) beyond its control which lead to, including but not limited to, delays in the transmission, receipt or other execution of any transaction;
|
| (iii) |
the Online Banking Services (including but without limitation to the Website, Mobile App, the Security Token and the Mobile Token) not being available, being restricted, varied, amended, suspended or terminated or becoming inoperative;
|
| (iv) |
the Customer's failure to carry out his or her responsibilities as provided in these Terms and Conditions; and/or |
| (v) |
any loss of profits or opportunity or any other consequential or indirect loss or liability caused by the use of or inability to use the Online Banking Services or from any errors, inadequacies or failures of any machine, Online Banking Services, Website, Mobile App, Security Token, Mobile Token, internet, the Computer System, data processing system or transmission link or any industrial dispute or any other factor outside the control of the Bank or outside the control of the agents or sub-contractors of the Bank, whether caused by negligence or otherwise.
|
|
| (d) |
If the Bank is found liable for any act or omission, negligence or default, its liability shall be (to the maximum extent permitted by applicable law) limited to the lesser of the amount of the direct loss or actual damage and the amount of the relevant transaction. The Bank shall not be responsible for any loss of profit or any special, consequential or indirect loss or damage arising out of such act, omission, negligence or default.
|
|
| 15. |
Limitation of Technology
| (a) |
The Customer acknowledges that internet is a technology that is rapidly changing, open and public in nature and its traffic congestion is unpredictable. The Customer understands that the Bank will use its reasonable endeavour to make sure that the Online Banking Services (including the Website, Mobile App, the Security Token and the Mobile Token) continue to function, but the Customer also accepts that:
| (i) |
the internet may not always be a reliable medium or communication; |
| (ii) |
the Online Banking Services, the Website, the Mobile App, the Security Token and/or the Mobile Token (where applicable) may not meet all the requirements or expectations of the Customer; and |
| (iii) |
the operation, functionality and reliability of the Online Banking Services, the Website, the Mobile App, the Security Token and/or the Mobile Token (where applicable):
| (aa) |
may subject transactions to delays, misunderstandings and errors in transmissions, executions and communications or interruptions; and |
| (bb) |
may from time to time be subject to interruptions or variation and/or require periodic modifications and improvements. |
|
|
| (b) |
Given the circumstances set out in Clause 15(a) of these Terms and Conditions, the Customer understands and agrees that all transaction(s) through the Online Banking Services are made entirely at his or her own risk.
|
|
| 16. |
Links, Advertisements and Third Party Website(s)
| (a) |
The Customer understands and accepts that:
| (i) |
the Bank may from time to time provide links to Third Party Website(s) and contents, products and services provided by the Third Party Provider(s);
|
| (ii) |
the Bank may not have reviewed all the Third Party Website(s) and therefore inclusion of links to such Third Party Website(s) shall not be construed as or deemed to be the Bank's endorsement or approval of the same or any of the contents thereof; |
| (iii) |
the Customer accesses, enters or uses any links to Third Party Website(s) or deals with Third Party Provider(s) entirely at his or her own risk and the Bank is not a party to any arrangement between the Third Party Provider(s) and the Customer;
|
| (iv) |
the Customer shall contact the relevant Third Party Provider(s) to obtain further information and/or clarifications to resolve any questions before using, entering or accessing Third Party Website(s) or have any dealings with the Third Party Provider(s); and |
| (v) |
in accessing, entering or using the Third Party Website(s) or dealing with Third Party Provider(s):
| (aa) |
the Bank may need to transfer certain personal data to the Third Party Provider(s); and |
| (bb) |
the Customer agrees to be subject to the terms and conditions and privacy policy (if any) of those Third Party Provider(s) and it is the Customer's responsibility to understand and determine the suitability of those terms and conditions and privacy policy of and the service and products provided by the Third Party Provider(s). |
|
|
| (b) |
The Bank shall not be responsible, does not give any assurance or guarantee and makes no warranty or representation as to Third Party Provider(s)’s or Third Party Website(s)’s data or information or suitability, correctness, reliability or completeness or otherwise of the service or product provided by the Third Party Provider(s)/Third Party Website(s) or their content or performance. The Bank and any such Third Party Provider(s)/Third Party Website(s) are not responsible or liable for any actions that the Customer takes or does not take based on such data or information or service or product provided by the Third Party Provider(s)/ Third Party Website(s) and the Customer will use such data, information, service or product solely for the purposes set forth in these Terms and Conditions; such data or information is proprietary to the Bank and/or any such Third Party Provider(s)/Third Party Website(s) and the Customer will not retransmit or disclose such data or information to third parties except as required by applicable laws, rules and regulations; and the Customer will use such data or information solely in compliance with applicable laws, rules and regulations. |
| (c) |
The Bank will under no circumstances be liable for any loss or damage, whether direct or indirect, incidental or subsequent, arising from the use, presence of, suspension, disruption and/or other non-availability of the Third Party Website(s), the contents, products or services provided by the Third Party Provider(s), or for any related errors, omissions, other disruptions or irregularities. |
| (d) |
The Bank may provide links to websites which are provided by its group companies on the Website or the Mobile App. The terms and conditions of each of those websites may be different from those of the Bank and the Customer shall read and understand those terms and conditions carefully before entering, accessing or using those websites. |
| (e) |
The Content(s) provided by the Bank and/or Third Party Provider(s) are made available for reference only and are not intended for trading or other purposes. Neither the Bank nor any Third Party Provider shall be considered an investment adviser to the Customer. |
|
| 17. |
Intellectual Property Rights
| (a) |
The Customer acknowledges that all Content(s) on the Website, the Mobile App, the Mobile Token, and all related software(s) are proprietary to the Bank and/or Third Party Provider(s) and are subject to IP Rights. Unless otherwise expressly stated or approved in writing by the Bank or such Third Party Provider(s) (as the case may be), nothing on the Website, the Mobile App or Third Party Website(s) shall be implied as granting the Customer any right or licence to use any IP Rights related to or shown on the Website, the Mobile App, the Security Token, the Mobile Token, or Third Party Website(s). |
| (b) |
The Customer shall not and shall not attempt to participate or permit any other person to do the following without the Bank's prior written consent and/or being expressly authorised by law and shall notify the Bank immediately if the Customer knows or suspects that any person is doing or attempting to do so:
| (i) |
sell, distribute, reproduce, vary, display, publicly perform, prepare works based on reproducing or otherwise use any of the Content(s) in any way for any public, business or commercial use; |
| (ii) |
use any Content(s) on any other website or in a networked computer environment for any purpose; |
| (iii) |
break into, access or use or attempt to break into, access or use any part of the Online Banking Services, the Website, the Mobile App, the Security Token, the Mobile Token, the Third Party Website(s), the Content(s) and/or any data areas on the Bank's server(s) or those of any Third Party Provider(s) for any purposes unauthorised by the Bank or such Third Party Provider(s); |
| (iv) |
infringe the IP Rights of any person or any party in using the Website, the Mobile App, the Security Token, the Mobile Token, or any Content(s); |
| (v) |
violate any applicable law of any applicable jurisdiction in the use of the Online Banking Services, the Website, the Mobile App, the Security Token and/or the Mobile Token; and/or |
| (vi) |
collect or store personal data of or about other users of the Website, the Mobile App or Third Party Website(s). |
|
|
| 18. |
Amendments
The Bank may revise or replace these Terms and Conditions and/or introduce additional terms and conditions at any time and from time to time in accordance with applicable laws or regulatory requirements applicable to the Bank. Any revision, replacement or addition to these Terms and Conditions shall become effective subject to the Bank giving reasonable notice to the Customer which may be given by physical or electronic means, posting it on the Website or by such other means as the Bank thinks fit and/or taking any other action required by applicable laws or regulatory requirements applicable to the Bank.Any revised or additional Terms and Conditions shall be binding on the Customer if the Customer continues to maintain or use the Online Banking Services on or after the effective date of the revision, replacement or addition.
|
| 19. |
Communication
| (a) |
The Bank shall be entitled to prescribe from time to time the form and mode of communication for the purposes of the Online Banking Services. |
| (b) |
Communications delivered personally, sent by post, facsimile transmission or e-mail shall be deemed to have been received by the Customer (where delivered personally) at the time of personal delivery or on leaving it at such address last notified by the Customer to the Bank, (where sent by post) 48 hours after posting if the address is in Hong Kong and seven days after posting if the address is outside Hong Kong, or (where sent by facsimile transmission or e-mail) immediately after transmission to the facsimile number or e-mail address last notified by the Customer to the Bank.
|
| (c) |
Communications sent by the Customer to the Bank shall be deemed to have been delivered to the Bank on the day of actual receipt by the Bank. |
|
| 20. |
Severability
Each of the provisions of these Terms and Conditions is severable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the legality, validity and enforceability of the remaining provisions shall not be affected in any way.
|
| 21. |
Waiver
No act, delay or omission by the Bank shall affect its rights, powers and remedies under these Terms and Conditions or any further or other exercise of such rights, powers and remedies. The rights, powers and remedies of the Bank under these Terms and Conditions are cumulative and not exclusive of the rights, powers and remedies provided by law.
|
| 22. |
No Third Party Rights
No person other than the Bank and the Customer will have any right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) to enforce or enjoy the benefit of any of the provisions of these Terms and Conditions. Application of the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) is hereby expressly excluded.
|
| 23. |
Governing Version
In the event of any conflict or discrepancy between the English version and Chinese version of these Terms and Conditions, the English version shall prevail.
|
| 24. |
Governing Law
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Hong Kong and the Customer submits to the non-exclusive jurisdiction of the Hong Kong courts.
|