These Terms and Conditions for e-Account Service (these "Terms and Conditions") set out the respective rights and obligations of the Applicant (as defined below) and China Construction Bank (Asia) Corporation Limited (the "Bank", which expression shall include all its branches and offices wherever situated and its successors and assigns) in connection with the e-Account Service (as defined below). The Applicant shall agree to these Terms and Conditions before the Applicant is able to use the e-Account Service and apply for account opening.

1. Definitions and Interpretation

   1.1 In these Terms and Conditions:
   

   • "Account" means the deposit account(s) which the Bank will open for the Applicant through the e-Account Service upon approval of the Applicant’s application;
   • "Applicant" means an individual who submits an application to open an Account via the e-Account Service through the Mobile App of the Bank;
   • "e-Account Service" means the account opening service and such other services in connection with the Account as may be designated by the Bank from time to time which are made available through electronic channels or means, subject to such requirements and conditions as the Bank may at its discretion think appropriate;
   • "eStatement" means bank statement issued or provided by the Bank relating to the bank account(s) of the Bank’s customers in electronic form; and
   • "Mobile App" means such mobile application as may be designated by the Bank from time to time.

   1.2 Unless the context otherwise requires:
   

   • (a) words importing the singular include the plural and vice versa and words importing a gender include every gender;
   • (b) clause headings are inserted for convenience of reference only and shall be ignored in the interpretation of these Terms and Conditions;
   • (c) whenever the word "include" or "including" is used, it is deemed to be followed by the words "without limitation"; and
   • (d) a Clause or Schedule is a reference to a clause of or schedule to these Terms and Conditions.

2. Account Opening Documents

   To apply to open an Account through the e-Account Service, the Applicant shall follow such procedure and provide such documents and information as the Bank may consider reasonably necessary from time to time through electronic channels or such other means as approved by the Bank (including the Mobile App). Such documents and information shall include a completed application form, selfie photographs of the facial identity of the Applicant taken in such manner as may be required by the Bank and other identification document(s) of the Applicant required by the Bank. The Bank has the absolute discretion to determine the eligibility of the Applicant from time to time and to approve or reject the application without giving any reason even if the Applicant submits all documents required by the Bank from time to time.

3. Scope and Use of e-Account Service

   3.1 The scope and types of accounts, services, functions, transactions, cut-off time, fees and other features offered under the e-Account Service will be determined by the Bank from time to time at its absolute discretion.

   3.2 The Applicant shall use the e-Account Service in accordance with any policies, procedures, guides and requirements as the Bank may provide or prescribe from time to time.

   3.3 Without prejudice to Clauses 3.1 and 3.2, the Applicant acknowledges and agrees to the following restrictions and limitations which may be imposed by the Bank in respect of the e-Account Service unless the Bank otherwise permits:
   

   • (a) Only eStatement will be provided for the Account(s) unless otherwise agreed to by the Bank;
   • (b) The Account will not be available for use unless the Applicant has met all the requirements as prescribed by the Bank from time to time and the Bank has approved the application;
   • (c) Certain accounts and services of the Bank may not be offered to the Applicant through the e-Account Service unless the Applicant has attended the Bank’s designated premises in person and completed such further requirements as may be prescribed by the Bank from time to time;
   • (d) The enrollment of online banking service of the Bank is required if the Applicant opens an Account through the e-Account Service, and the Account will be designated as one of the designated accounts for the online banking service of the Bank.

   3.4 The Bank may at its discretion modify, restrict, suspend or terminate the e-Account Service at any time without prior notice or providing any reason. The Bank may in its absolute discretion decide whether the Applicant is eligible to use the e-Account Service and terminate or suspend the use of the e-Account Service or any part of it by the Applicant without prior notice. The Bank's decision is final. The Bank will not be responsible for any loss or damage suffered by the Applicant arising from such decisions.

4. Use of Personal Information

   4.1 The Bank's "Notice to Customers relating to the Personal Data (Privacy) Ordinance" ("Notice") provides information on how the Bank collects, uses, shares, and protects personal data of the Applicant relating to any data provided to the Bank, as well as the choices and access rights the Applicant has with regard to the Applicant’s personal data and the Applicant agrees to the terms of the Notice. In addition to the purposes for which the personal data may be used and the classes of person to whom the personal data may be disclosed as set out in the Notice, the personal data in relation to the Applicant provided through the use of the e-Account Service (including the selfie photographs and identification documents) will be disclosed to the Bank’s service providers (including TransUnion Limited, the credit reference agency in Hong Kong, "TU") for the purpose of identity verification in connection with the e-Account Service.

   4.2 The Applicant consents to and authorizes TU to access, use and process their information provided under the e-Account Service (including the selfie photographs and identification documents). The Applicant further consents to and authorizes TU to use the Applicant’s personal data (including Applicant’s name, date of birth and HKID number) currently maintained with it for the purpose of verifying the identity, documents and other information provided by the Applicant, and to process, use and transfer the result of the verification and related data and information to the Bank. The Applicant further agrees that such access and use of personal information shall not be made the basis for any complaint, claim, suit, demand or cause of action or other proceeding against the service providers by the Applicant.

   4.3 The Applicant understands and acknowledges that the service providers and any third parties who support the e-Account Service are not agents or representatives of the Bank. There is no partnership, joint venture or other relationship between the Bank and the service providers or any third parties who support the e-Account Service. The Bank is not liable for any action, claim, loss, damage or liability of any nature which the Applicant may suffer or incur arising from or in connection with any act or omission of the service providers or any third parties who support the e-Account Service.

   4.4 The Bank and its service providers may retain the information provided by the Applicant (including the selfie photograph) through the use of the e-Account Service for a certain period of time as the Bank or its service providers consider necessary, whether the application is successful or not.

   4.5 The Applicant represents, warrants and declares that all information and documents provided through the e-Account Service are true, correct and complete in all respects and the Applicant undertakes to notify the Bank in writing if there is any change thereto or if any such information or document becomes inaccurate in any respect.

5. Other applicable Terms and Conditions

   Each account or service applied for by the Applicant through the e-Account Service and provided by the Bank shall be subject to the terms and conditions applicable to that account or service.

6. Restrictions

   6.1 The Applicant agrees:
   

   • (a) not to use the e-Account Service in any way that may or will breach any applicable laws or regulations;
   • (b) not to use the e-Account Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions, or act fraudulently or maliciously;
   • (c) not to infringe the Bank’s intellectual property rights or those of any third party in relation to the use of e-Account Service;
   • (d) not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to the use of the e-Account Service;
   • (e) not to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the e-Account Service or any operating system;
   • (f) not to use the e-Account Service in a way that could damage, disable, overburden, impair or compromise the Bank’s systems or security or interfere with other users;
   • (g) not to collect or harvest any information or data from the e-Account Service or the Bank’s systems or attempt to decipher any transmission to or from the servers running the e-Account Service; and
   • (h) not to access without authority, interfere with, manipulate, damage or disrupt the e-Account Service.

   6.2 The Applicant acknowledges that internet is a technology that is rapidly changing, open and public in nature and its traffic congestion is unpredictable. The Applicant also accepts that:
   

   • (a) the internet may not always be a reliable medium or communication and messages and information sent through the internet may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
   • (b) the e-Account Service may not meet all the requirements or expectations of the Applicant; and
   • (c) the operation, functionality and reliability of the e-Account Service:
     • (i) may subject transactions to delays, misunderstandings and errors in transmissions, executions and communications or interruptions; and
     • (ii) may from time to time be subject to interruptions or variation and/or require periodic modifications and improvements.

   6.3 To the extent that the Applicant stores any of the information or documents sent through the e-Account Service in any device, the Applicant shall take all reasonable steps to keep the device, safe and its password confidential.

7. Limitation of liability and indemnification

   7.1 Use of the e-Account Service by the Applicant is entirely at the Applicant’s own risk. The e-Account Service is provided on an "as is" basis. To the maximum extent permitted by laws and regulatory requirements applicable to the Bank, the Bank disclaims all conditions, warranties (including any warranties of merchantability, fitness for a particular purposes, accuracy and non-infringement of third party rights), representations or other terms which may apply to the e-Account Service, whether express or implied.

   7.2 The Bank does not represent or warrant that viruses or other destructive properties will not be transmitted, or that the device of the Applicant will not be damaged, during use of the e-Account Service by the Applicant. The Applicant is solely responsible for ensuring adequate protection and back-up of data and/or the Applicant’s device, for taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties, and for preventing (and guaranteeing and ensuring the prevention of) the transmission of any computer virus or other destructive properties to the Applicants’ device.

   7.3 The Bank shall not at any time incur any liabilities to the Applicant in connection with any acts, omissions or circumstances at any time arising from or relating to the e-Account Service (other than those liabilities resulting directly from gross negligence or willful default on the part of the Bank).

   7.4 The Bank makes no representations or warranties as to the accuracy, functionality or performance of any third party software used in connection with the e-Account Service. The Bank assumes no liability or responsibility for any loss or damage caused to the Applicant in connection with any service provided by the service providers.

   7.5 The Applicant shall indemnify and keep the Bank, its officers, employees, agents and other persons appointed by the Bank harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses which may at any time be suffered or incurred by the Bank arising from or in connection with the Applicant’s failure to comply with these Terms and Conditions or the Applicant’s fraud or gross negligence in the usage of the e-Account Service (other than those resulting directly from gross negligence or willful default on the part of the Bank).

8. Amendments

   The Bank may at any time delete, replace, add or change any term of these Terms and Conditions and may give notice to the Applicant in accordance with the requirements of applicable codes or guidelines in Hong Kong.

9. 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.

10. Third Party Rights

    No person other than the Applicant and the Bank will have any right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the laws of Hong Kong) ("Ordinance") to enforce or enjoy the benefit of any of these Terms and Conditions. Application of the Ordinance is hereby expressly excluded.

11. Governing Law and Jurisdiction

    These Terms and Conditions shall be governed by and construed in accordance with Hong Kong law. Disputes arising in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Hong Kong courts.

12. English Version Prevails

    In the event of any conflict or discrepancy between the English version and Chinese version of the terms of these Terms and Conditions, the English version shall prevail.