| General Terms and Conditions | ||
| Schedule I | Terms and Conditions for Cyberbanking Account | |
| Schedule II | Terms and Conditions for Cyberbanking Card / Cyberbanking Renminbi Card | |
General Terms and Conditions
| 1. | The terms and conditions stated herein apply in respect of various banking services (collectively called "Cyberbanking" - previously known as "East Asia Cyberbanking Service") over different electronic delivery channels prescribed by the Bank from time to time including but not limited to the Internet, mobile phones, and telephones from fixed telephone networks (which are provided by the Bank) and Automatic Teller Machines. The provision of individual electronic delivery channel to the Customer shall be at the sole discretion of the Bank. | ||||
| 2. | The Bank may grant to the Customer the facility to carry out certain banking functions in the account(s) through various electronic delivery channels subject to the Rules and Regulations / Terms and Conditions governing such account(s) as prescribed by the Bank from time to time. | ||||
| 3. | The Bank shall supply the Customer with the Cyberbanking Account Number or other account identification(s) in any format as prescribed by the Bank from time to time and an initial Personal Identification Number (hereinafter called "PIN") for individual electronic delivery channel provided by the Bank from time to time at the sole discretion of the Bank. | ||||
| 4. | Interpretation and Definitions | ||||
| In these Terms and Conditions, the following terms except where the context otherwise requires have the following meanings: - | |||||
| (a) | "Application" means Application for Cyberbanking of The Bank of East Asia, Limited signed by the Customer. | ||||
| (b) | "Terms and Conditions" means all the terms and conditions set out in the Terms and Conditions for Cyberbanking including all the Schedules attached thereto as prescribed from time to time by The Bank of East Asia, Limited. | ||||
| (c) | "BEA" or "the Bank" means The Bank of East Asia, Limited including its successors and assigns. | ||||
| (d) | "Customer" means any person or persons who signed the Application and when the Application is approved by the Bank. | ||||
| (e) | " Cyberbanking Card" / "Cyberbanking Renminbi Card" ("the Card") means the card issued by the Bank to the Customer by which the Customer can access, through Automatic Teller Machines ("ATM") / point of sales terminals ("POST") and such of the Bank's accounts as the Bank from time to time may permit. | ||||
| (f) | "CUP Member Bank" means the member bank of the China UnionPay. | ||||
| (g) | "JETCO and VISA PLUS Member Bank" means the member bank of the JETCO or Visa International. | ||||
| (h) | "ATM" means Automatic Teller Machine of the Bank or the ATM under the ATM Network of any other JETCO and VISA PLUS Member Bank or the ATM under the ATM Network of any CUP Member Bank or any other networks specified by the Bank from time to time where applicable. | ||||
| (i) | "POST" means Point of Sale Terminal of any Member Bank of the EPSCO or JETCO or the POST of any CUP Member Bank or any other networks specified by the Bank from time to time where applicable. | ||||
| (j) | "Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China. | ||||
| (k) | "Instruction" means (a) instruction through various electronic delivery channels; (b) instruction given through ATM / POST by the use of the Cyberbanking Card / Cyberbanking Renminbi Card; (c) instruction given through Cyberbanking; (d) instruction given through designated electronic delivery channels in mean of a Digital Certificate; or (e) verbal or written or facsimile or Telex instruction given in such form and delivered or transmitted to the Bank by such means as the Bank may prescribe, in each case subject to the applicable minimum and/or maximum amounts as may be prescribed by the Bank from time to time in respect of any particular type of instruction. | ||||
| (l) | "Telephone, Facsimile or Telex Instruction" means instruction given to the Bank by the use of telephone, facsimile, telex or other electronic means in such manner as the Bank may prescribe from time to time. In case of instructions given by facsimile, telex or other electronic means, the name and/or number of the account, appearing in the facsimile, telex or other electronic means, shall be considered as sufficient proof of identity. The Bank shall not be held liable for the execution of instructions by telephone, facsimile, telex or other electronic means given by any unauthorised person of the account. | ||||
| (m) | "Person" includes an individual, sole proprietorship, partnership, corporation and an unincorporated body of persons; | ||||
| (n) | "Services" means the services prescribed, announced and offered by the Bank from time to time. | ||||
| (o) | "Transaction" means a transaction effected by the Bank pursuant to or as a result of an Instruction. | ||||
| (p) | "Related Account" means the account(s) nominated to the Bank as stated in the Application Form for Cyberbanking and/or subsequently accepted by the Bank from time to time to be the subject of Cyberbanking provided that the Bank may at its option, cancel or suspend the provision of Cyberbanking in respect of any of the Related Account(s). | ||||
| (q) | "Designated Account" means the account(s) nominated to the Bank as stated in the Application Form for Cyberbanking and/or subsequently accepted by the Bank from time to time to be the subject of Cyberbanking provided that the Bank may at its discretion, cancel or suspend the provision of Cyberbanking Card / Cyberbanking Renminbi Card in respect of any of the Designated Account(s). | ||||
| (r) | "Designated Service" means the service provided by the Bank in Cyberbanking from time to time which allows the Customer to access the information of his/her account(s) related to the service and give instructions in regard of the service according to the procedures and rules as prescribed by the Bank from time to time. | ||||
| (s) | "PIN" means the number designated by the Bank and used by the Customer to authenticate the access to the individual electronic delivery channel of Cyberbanking or any code(s) used by the Customer from time to time to access the service. | ||||
| (t) | "Digital Certificate" means any certificate issued by a certification authority (as defined in the Electronic Transactions Ordinance ((Cap. 553) (hereinafter called "ETO")) that the Bank has accepted for use in a transaction through the Cyberbanking. | ||||
| (u) | "Certification Authority" (hereinafter called "CA"), recognised for the purposes of ETO and the Public Key Infrastructure ("PKI"), is responsible for the use of a trustworthy system for the issuance, withdrawal, and publication in a publicly available repository of recognised and accepted digital certificates for secure on-line identification. | ||||
| (v) | "Digital Signature", in relation to an electronic record, means an electronic signature of the signer (as defined in ETO). | ||||
| (w) | "Receiving Bank" means the account holding bank of the accounts, which the funds are deposited to in the interbank fund transfers transaction. (Applicable to Schedule II only) | ||||
| (x) | "Paying Bank" means the account holding bank of the accounts, which the funds are debited from in the interbank fund transfers transaction. (Applicable to Schedule II only) | ||||
| (y) | "Third Party Account" means the deposit account accommodated with the Receiving Bank holding by the third party in case of an interbank fund transfer transaction. (Applicable to Schedule II only) | ||||
| 5. | Instruction | ||||
| (a) | Any instruction given to the Bank via Cyberbanking shall operate as a request by the Customer to the Bank to act on the instruction provided that the Bank shall not be obliged to act on any such instruction which would result in a Related Account and/or Designated Account and/or account related to Designated Service becoming overdrawn without authorisation or if the Related Account and/or Designated Account and/or account related to Designated Service is/are on hold, or frozen or dormant or in any other circumstances which the Bank may in its sole judgment consider appropriate. | ||||
| (b) | The Customer may request for the provision
of various Cyberbanking Services by giving telephone instructions to the
Bank from time to time, provided that such Services by themselves are
allowed to be operated by telephone instructions pursuant to their respective
terms and conditions from time to time as prescribed by the Bank and will
be settled by direct debit of the Customer's designated account with the
Bank and the Bank will notify the Customer of the payment by electronic
mail or other means in its sole discretion. The Customer hereby acknowledges
that such telephone instructions given to the Bank shall operate as a
request by the Customer to the Bank to act on the instructions and once
given by the Customer and acted upon by the Bank, shall be irrevocable
and binding on the Customer and the Customer shall be subject to all the
terms and conditions governing the use of such telephone instructions
as the Bank may from time to time prescribe. |
||||
| (c) | The Customer may request the Bank for the provision of various Cyberbanking Services by giving written instructions or facsimile instructions to the Bank provided that such Services by themselves are allowed to be operated by written instructions or facsimile instructions pursuant to their respective terms and conditions from time to time prescribed by the Bank and provided further that the Bank shall be entitled to specify, from time to time, such Services which may be available to the Customer through the use of the Cyberbanking and/or the Cyberbanking Card / Cyberbanking Renminbi Card and/or any other means as the Bank may prescribe. | ||||
| (d) | Any Instructions, once given, may not be rescinded or withdrawn by the Customer without the written consent of the Bank. All instructions given verbally, in writing or transmitted by facsimile or in whatsoever form, as understood and acted on by the Bank in good faith, shall be irrevocable and binding on the Customer. The Bank shall not be under any duty to verify the identity or authority of the person giving any Instruction or the authenticity of such Instruction. | ||||
| (e) | The Bank may at all time and from time to time in its sole discretion without having to state the grounds for such refusal and without any liability whatsoever, refuse to act upon any instructions or such part thereof as the Bank thinks appropriate. | ||||
| (f) | Any Transaction effected by the Bank pursuant to or as result of an Instruction shall be binding on the Customer. | ||||
| 6. | Sufficiency of Funds | ||||
| In the event of there being insufficient funds in the Customer's account to meet any payment Instructions, the Bank shall be entitled, at its sole discretion, not to effect any such Instructions and the Bank may make the usual charge against the Customer. | |||||
| 7. | Communications | ||||
| (a) | All communications shall be addressed to the Customer at the last address registered with the Bank. The Customer undertakes to notify the Bank in writing immediately upon any change of the address and contact methods. Communications delivered personally or sent by mail, telegraph, facsimile, telex, electronic mail or otherwise will be deemed to have been delivered to the Customer (where delivered personally) at the time of personal delivery, (where sent by telegraph, facsimile, telex, electronic mail) on the day of despatch, (where sent by mail) on the day of posting. | ||||
| (b) | Customer accepts that the Bank may communicate with him/her via e-mail address of the Customer that he/she had pre-registered and/or had communicated to the Bank. | ||||
| 8. | Termination and Closure of Services | ||||
| (a) | On the closure of the Related Account and/or Designated Account and/or termination of Designated Service, the Cyberbanking services and Cyberbanking Card / Cyberbanking Renminbi Card for such account(s) and/or service(s) will be terminated. | ||||
| (b) | The Bank reserves the right to suspend or terminate any of the Cyberbanking services at any time. | ||||
| (c) | If the Cyberbanking Account is closed, Cyberbanking Card / Cyberbanking Renminbi Card and Cyberbanking services will be terminated. The Customer shall surrender the Cyberbanking Card / Cyberbanking Renminbi Card to the Bank and the access of the Related Accounts and/or Designated Account and/or Designated Service under the electronic channels of Cyberbanking will be suspended immediately. | ||||
| (d) | Without prejudice to the generality of Clause 8b, the Bank shall be entitled to close / terminate the Cyberbanking and/or Digital Certificate service(s) provided to the Customer if: - | ||||
| (i) | there is any change of law which prohibits or renders illegal the maintenance or operation of such services or any elements thereof; | ||||
| (ii) | the Customer shall commit any breach of or omit to observe any obligations under these terms and conditions which, in the opinion of the Bank, amounts to a material default on the part of the Customer; | ||||
| (iii) | the Bank's records show that the Customer has maintained no Related Account and/or Designated Service and/or Designated Account for such period as the Bank shall prescribe; or | ||||
| (iv) | it is determined, or reasonable belief exists, that the Customer: | ||||
| - | has passed away; | ||||
| - | has become an undischarged bankrupt or has entered into a composition or scheme of arrangement or a voluntary arrangement within the meaning of the Bankruptcy Ordinance (Cap.6); or | ||||
| - | has been convicted in Hong Kong or elsewhere of an offence for which the Customer has been found to have acted fraudulently, corruptly or dishonestly, or as terrorist or committed any offence under the ETO. | ||||
| 9. | New Products and Services | ||||
| (a) | The Bank and its agent may introduce and provide new products and services from time to time and notify the terms and conditions governing as such to the Customer. These terms and conditions in so far as they are not inconsistent with the terms and conditions for the new products and services shall apply and be binding on the Customer. In the event of any conflict between the two, the terms and conditions of Cyberbanking shall (unless the Bank in its sole discretion otherwise thinks fit in any particular case) prevail. | ||||
| (b) | The Bank and its Agent may at its sole discretion introduce and provide new Products or Services through Cyberbanking from time to time, the Customer can, through online registration or in such manner the Bank may prescribe from time to time, subscribe for the new products and services by accepting all the Terms and Conditions of such Products and Services; and providing sufficient documents as requested by the Bank for verification of the identity of the Customer. | ||||
| 10. | Service Fees and Expenses | ||||
| The Bank is entitled to levy fees and charges against Customer to cover costs and expenses arising out of the running and operation of the Customer's accounts. | |||||
| 11. | Rights / Responsibilities for Joint Account Holders | ||||
| When the Customer shall consist of more than one person, | |||||
| (a) | these Terms and Conditions shall be jointly and severally binding on all such persons; | ||||
| (b) | any notice if given to any one such person will be deemed effective notification to all such persons; | ||||
| (c) | either or any one of such persons can request the Bank to arrange for any services, including but not limited to addition / deletion the joint account of Related Account and/or Designated Service and/or Designated Account and to place any instructions; terminate any services and/or stop any pre-scheduled instructions under the operation of Cyberbanking services, to the Bank from time to time ; | ||||
| (d) | on the death of either or (as the case may be) any of such persons, the Bank will suspend the Cyberbanking services immediately. The Cyberbanking account shall be closed by the survivor(s) on proof of the death of the deceased joint account holder; | ||||
| (e) | each of account holders is authorised to recognise the balance in the each Related Account and/or Designated Service and/or Designated Account, which recognition is binding for the other account holder(s). The Bank may offer a claim on one or several account holders with the credit balance on the Related Account and/or Designated Service and/or Designated Account; | ||||
| (f) | if the Related Account and/or account related to Designated Service is/are maintained in joint names, then each and every one of the Related Account and/or account related to Designated Service holders shall be jointly and severally liable for all transactions involving the use of Cyberbanking and the terms and conditions contained herein shall apply to each of the Related Account and/or account related to Designated Service holders separately; | ||||
| (g) | if the Cyberbanking Account shall consist of more than one person, each and every one of the Customer shall be jointly and severally responsible for all transactions involving the use of the Card so issued and the terms and conditions herein shall be jointly and severally binding on each and every one of the customer. | ||||
| 12. | Governing Laws and Jurisdiction | ||||
| These Terms and Conditions shall be governed by the applicable laws of Hong Kong Special Administrative Region, Republic of China and by the Bank's by-laws, regulations and practices, brought to the attention of the Customer by display, advertisement or otherwise as the foregoing are now in effect or as hereafter amended, enacted or adopted. The Courts of Hong Kong shall have the non-exclusive jurisdiction to determine, enforce and adjudicate all disputes and claims arising out of the above and in connection therewith. | |||||
| 13. | Amendment of Terms | ||||
| (a) | The Bank may revise any of the terms or add new terms to these terms and conditions at any time. The revised terms and conditions when displayed, advertised or brought to the attention of the Customer by appropriate means at the Bank's discretion shall become effective and be binding on the Customer and if the Customer continues to maintain Cyberbanking or use the Cyberbanking Card / Cyberbanking Renminbi Card on or after the effective date thereof, such revisions will be deemed to be accepted. | ||||
| (b) | The Customer's use of the Card shall at all times be subject to all the terms and conditions currently enforced for the time being imposed by the Bank. The Customer may at any time return the Card to the Bank by cutting the Card in half and returning the pieces to the Bank whereupon on actual receipt by the Bank of the pieces of the Card, the Cyberbanking Card / Cyberbanking Renminbi Card account shall be cancelled and these terms and conditions shall no longer apply to the Card. | ||||
| 14. | Miscellaneous | ||||
| (a) | For the avoidance of doubts, all the Schedules hereafter described form integral parts of the Terms and Conditions and shall be binding on the Customer. Unless otherwise stated, reference to Clauses and Schedules means the clauses of and schedules to the Terms and Conditions. | ||||
| (b) | If at any time any of these terms and conditions is or becomes illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the validity of any of the other terms and conditions hereof. | ||||
| (c) | No act or omission by the Bank pursuant to the Terms and Conditions shall affect its rights, powers and remedies thereunder or any further or other exercise of such rights, powers or remedies. | ||||
| (d) | The Chinese version of these terms and conditions is for reference only. If there is any conflict between the English and the Chinese versions, the English version shall prevail. | ||||
| (e) | Words and phrases in the Terms and Conditions shall be read and construed in accordance with the definitions contained hereto. Where the context permits, the singular includes the plural and vice versa, the masculine includes feminine and neuter and vice versa. | ||||
| (f) | These terms and conditions shall be binding on and enure to the benefit to the Bank and the Customer and his personal representatives and successors or assigns of the Customer and each of them. | ||||
| 15. | Specific Terms and Conditions | ||||
| (a) | The use of the Cyberbanking is subject to the provisions of Schedule I; and | ||||
| (b) | use of the Cyberbanking Card / Cyberbanking Renminbi Card is subject to the provisions of Schedule II. | ||||
| Schedule I | |||||
| Terms and Conditions for Cyberbanking Account | |||||
| 1. | It shall be the Customer's responsibility to comply with the Certification Practice Statement ("CPS") as well as terms and conditions as set out by each issuing CA of the Digital Certificate under ETO and the Customer acknowledges and agrees that the Bank will not have any liability whatsoever in connection therewith. | ||||
| 2. | The Customer may use a Digital Certificate which is applied through the Bank or issued by the CA that may be acceptable to the Bank within the service(s) published by the Bank from time to time provide that the CA issuing that Digital Certificate has notified the Bank the readiness and acceptance of the underlying Digital Certificate in accordance with the rules and procedures set by the CA within the validity period of the Digital Certificate. The Customer agrees to be bound by other terms and conditions of the provided service(s) as prescribed by the Bank from time to time. | ||||
| 3. | The Bank may accept the Digital Signature of the Customer which is supported by a Digital Certificate applied through the Bank or issued by such CA as may be acceptable to the Bank within the validity period of the Digital Certificate. | ||||
| 4. | The Bank may presume that the information of the Customer contained in a Digital Certificate issued by such CA as may be acceptable to the Bank to be correct if the Digital Certificate was published in a repository. | ||||
| 5. | The Customer may request, in writing or via Cyberbanking, the alteration of the PIN if necessary from time to time. For the purpose of these conditions the term PIN shall be the PIN currently in use. | ||||
| 6. | The issuance, selection or usage of a new PIN and/or a new Digital Certificate shall not be construed as the commencement / creation of a new contract. | ||||
| 7. | The Customer acknowledges that the PIN, the private key of Digital Certificate and/or password of Digital Certificate is/are confidential and must not be disclosed (whether directly or indirectly, intentionally or unintentionally) to any other person(s) under any circumstances. The Customer shall be liable for any direct and indirect losses or damages caused by breaching the confidentiality by means of any words, action, conduct or communication. | ||||
| 8. | Without prejudice to other provisions hereof, the Customer agrees to indemnify the Bank against any damages, losses, claims, actions, liabilities, proceedings, costs and expenses whatsoever and in whatever nature on a full indemnity basis (including legal fees) suffered or incurred (collectively "Losses") by the Bank which is directly or indirectly related to or in connection with the use of Cyberbanking and/or Digital Certificate, whether such use is authorised or unauthorised, unless any of the Losses arises out of the Bank's gross negligence, fraud or wilful default. | ||||
| 9. | The Customer understands and agrees that the failure on the part of the Customer to comply with any one of the following precautionary measures may lead to security breach and the Bank shall not in any event be held liable for any loss or damage whatsoever suffered by the Customer as a consequence thereof and the Customer shall:- | ||||
| (a) | At all times keep the Cyberbanking Account Number, the private key of Digital Certificate and/or password of Digital Certificate confidential, do not disclose the PIN and/or password of Digital Certificate to any person including any joint account holder of the Customer; in particular, not to send them via electronic mail; and never assign the same PIN and/or password for accessing other services (for example, for connection to the Internet or accessing other web sites); | ||||
| (b) | notify the Bank immediately of any actual or possible unauthorised use of Cyberbanking Account Number, the PIN and/or Digital Certificate and shall confirm the same in writing without delay to the Bank; | ||||
| (c) | not furnish the PIN and/or the password of Digital Certificate to anyone in any circumstances who claims to represent the Bank or holds out as the Bank's employee or authorised person (it is not necessary for the Bank's employee to know the PIN and/or the password of Digital Certificate); | ||||
| (d) | logout the service and clear the browser cache after a banking session; | ||||
| (e) | not leave the computer unattended while using Cyberbanking; | ||||
| (f) | not use public PC to access Cyberbanking; | ||||
| (g) | take caution of hackers and virus infection when sending and receiving emails, visiting and disclosing personal / financial information to unknown web sites and downloading files or programs from web sites; | ||||
| (h) | install proper firewall and anti-virus software and update them with security patches or newer versions on a regular basis to strengthen the security of the PC used by the Customer; | ||||
| (i) | upgrade browsers and application software to support SSL 128-bits encryption or a higher encryption standard; and not select the option on browsers for storing or retaining user name and PIN and/or the password of Digital Certificate; | ||||
| (j) | remove file and printer sharing in PCs, especially when the Customer has Internet access via cable modem, broadband connection, wireless or similar setups; | ||||
| (k) | change the PIN immediately by selecting a new PIN on the first usage and destroy those documents printed with the PIN subsequently; | ||||
| (l) | ensure not to use the Customer's identity card number, telephone number, date of birth, driving license number or popular number sequences (such as 987654 or 123456) when choosing the PIN and/or the password of Digital Certificate; and not use the same digit more than twice; | ||||
| (m) | not write the PIN and/or password of Digital Certificate down, and shall memorise the same; | ||||
| (n) | keep the PIN and/or password of Digital Certificate separate from the Account Number and the Digital Certificate respectively; | ||||
| (o) | be alert to the surroundings before performing any banking transactions, and make sure that no one sees the PIN and/or password of Digital Certificate; | ||||
| (p) | for security reason, change the PIN and/or password of Digital Certificate regularly; | ||||
| (q) | check the authenticity of the Bank's website by comparing the URL and the Bank's name in its digital certificate and a security icon that looks like a lock or key appear when authentication and encryption is expected; | ||||
| (r) | notify the Bank of any change to the information provided to CA as soon as such change occurs and the Bank shall not in any event be held liable for any loss or damage suffered resulting from or in connection with the Customer's failure to do so; | ||||
| (s) | not use the Digital Certificate after it has been cancelled or revoked or has otherwise become invalid; | ||||
| (t) | set the password to protect the Digital Certificate immediately when receiving the Digital Certificate. | ||||
| 10. | Any transaction effected by the Bank pursuant to or as a result of an instruction initiated by the Customer with the correct Cyberbanking Account Number, PIN and/or Digital Certificate shall be binding on the Customer. Except only due to the negligence or wilful default of the Bank, the Bank shall not be liable in respect of:- | ||||
| (a) | any loss or damage suffered by the Customer or by any other person as a result of any failure to gain access to the Cyberbanking or utilise the banking functions through various electronic delivery channels due to reasons beyond the Bank's control, including without limitation any computer, telecommunication, electrical or network failure; or | ||||
| (b) | any claim, damage, loss, responsibility, liability or obligation for any error, delay, failure and any consequence arising from or in connection with the Bill Payment and Schedule instructions; or | ||||
| (c) | any other loss or damage whatsoever suffered by the Customer or by any other person as a result of any instructions initiated by the Customer through various electronic delivery channels. | ||||
| 11. | The Bank shall in no circumstances be liable for any failure of Cyberbanking in whole or in part nor for the inability of the Customer to gain access in whole or in part to Cyberbanking caused by the delay or failure of any communication network or any party providing such access. | ||||
| 12. | Subject to the provisions hereof and in the absence of negligence or default on the part of the Customer and the Customer has acted in good faith and with due diligence and also fully complied with the obligations under all the terms and conditions contained herein, the Customer shall not be liable for unauthorised transactions performed and/or executed through the Cyberbanking due to:- | ||||
| (a) | A computer crime not prevented by the security system of the Bank; or | ||||
| (b) | A human or system error caused by the Bank, resulting in an improper transaction, leading to the lost or misplaced funds; or | ||||
| (c) | A missed or mis-directed payment caused by the Bank. | ||||
| The Customer shall be entitled to reimbursement from the Bank for interest or late penalties incurred by the Customer for missed payments attributable to the foregoing causes (a), (b) and (c). | |||||
| 13. | Subject to the provisions herein, the Bank's liability to the Customer in relation to the provision of Cyberbanking shall be limited to the amount of the relevant transaction or the direct damages sustained, whichever is lesser. The Bank shall in no circumstances be liable and the Customer agrees not to claim against the Bank (whether in contract or tort (including negligence) or otherwise) for any direct or indirect loss, damage, cost, expense, claim, action or proceedings in connection with the use of or inability to use the Cyberbanking, account number(s), PIN(s) or Digital Certificate(s), whether such use is authorised or unauthorised, including but not limited to any loss of profits or revenue, loss or injury to reputation or goodwill, loss of customers, loss of use of any data, equipment or software and indirect, consequential or incidental loss or damage, even if the Bank has been advised of or should have been aware of the possibility of such loss or damage. | ||||
| 14. | The granting of access to Cyberbanking shall be at sole discretion of the Bank and the Bank may cancel or suspend Cyberbanking or any element thereof at any time. Without limiting the foregoing, the Bank may refuse to accept any Digital Signature and/or Digital Certificate in relation to the provided service(s) at its absolute discretion, notwithstanding that the use of the Digital Certificate with the provided service(s) has been registered with the Bank. | ||||
| 15. | The Customer shall only be entitled to obtain access to Cyberbanking during the service hours as prescribed by the Bank from time to time. | ||||
| 16. | The Bank shall have the absolute discretion from time to time to determine the scope of Cyberbanking, acceptance of Digital Certificate, set or change the daily cut-off time, withdraw or discontinue the operations of Cyberbanking without notice or responsibility to the Customer. Any transactions performed through Cyberbanking after the daily cut-off time shall be treated as next business day value transactions. Since the Cyberbanking system may be accessed from any country, the daily cut-off time in Hong Kong shall prevail. | ||||
| 17. | All costs and expenses in obtaining and maintaining suitable equipment to access Cyberbanking shall be borne by the Customer solely. | ||||
| 18. | All transactions entered into pursuant to the instructions given to the Bank via Cyberbanking shall be subject to the terms and conditions governing such transactions as prescribed by the Bank from time to time. | ||||
| 19. | The Customer acknowledges that all instructions transmitted to the Bank through any electronic channel shall not be considered as having been received and executed by the Bank until the Bank has received and executed such instructions in a manner prescribed by the Bank from time to time. | ||||
| 20. | The Customer agrees to the disclosure or transfer of personal data in respect of the Customer's accounts, transactions and dealings with the Bank, the mobile phone service providers and of other third party engaged in any transaction or providing any service in respect of the Cyberbanking between any one or more of such entities and their subsidiaries, group members and agents thereof whether in or outside Hong Kong in connection with the provision of the Cyberbanking. | ||||
| 21. | The Bank shall endeavour to take all steps as far as reasonably practicable to ensure that information made available by Cyberbanking is correct and updated at regular intervals. The transaction details and account balances as shown in the Customer's terminal or any print-out are for reference only. Those transaction details and account balances as recorded in the Bank's System will be conclusive. The Customer agrees and confirms that the Bank shall not be held liable for or in connection with the accuracy of all the information received by the Customer via Cyberbanking. | ||||
| 22. | Transactions involving any transfer of funds between the Related Accounts and/or accounts related to Designated Service, or payment instructions on any day may at the Bank's sole discretion be processed to the said accounts concerning the transfer of funds or payment instructions on the day of the transaction or failing that, on the next banking day. | ||||
| 23. | Cyberbanking can be used for transfer / payment transactions if there are sufficient funds in the respective Related Account(s) and/or account(s) related to Designated Service at the sole discretion of the Bank. If the transfer / payment transaction is made without sufficient funds in the account(s), the Bank is not obliged to effect any such transfer / payment transaction and is entitled to refuse or reject to effect such transfer / payment transaction, with or without cause, without incurring any liability whatsoever and without prior notice to the Customer. If the Bank agrees to effect such transfer / payment transaction, the Customer shall repay to the Bank immediately on demand such amount overdrawn or over transferred together with interest thereon at the rate chargeable by the Bank from time to time on overdraft accounts with the Bank and other liabilities thereby created. | ||||
| 24. | The amounts which the Customer shall be entitled to transfer via Cyberbanking shall be limited to the individual and the aggregate daily limits including but not limited to the withdrawal and deposit transaction limits of Hong Kong Dollars or its equivalent as published by the Bank from time to time. The Bank shall have the right to impose such restrictions as the Bank thinks fit for the efficient operation of Cyberbanking or for any other reason(s). | ||||
| 25. | The Customer irrevocably authorises the Bank to debit the Related Account(s) and/or account(s) related to Designated Service with the amount of any transfer / payment transaction effected via Cyberbanking and the Bank is entitled to act on such transfer / payment transaction instruction without obtaining any further written or other confirmation from the Customer, notwithstanding that such transfer / payment transaction instruction is not given or authorised by the Customer. Subject to Clause 19 hereof, the Customer agrees and accepts full and sole responsibility for all consequences, losses and/or liabilities incurred as a result of such transfer / payment transaction, whether given or authorised by the Customer or not and shall fully indemnify the Bank and keep the Bank fully indemnified against all suits, actions, expenses, costs, losses, claims, damages and demands which may be suffered or incurred by the Bank by reason of the effect of such transfer / payment transaction. | ||||
| 26. | The Bank will not assume any responsibility or obligation for any transaction or error arising out of failure of the Customer to provide or input sufficient or accurate data to enable the said transaction effected through Cyberbanking. | ||||
| 27. | The Customer understands and acknowledges that Cyberbanking is provided as an additional service in relation to banking transactions with the Bank and shall not be considered as a substitute for other method(s) of effecting banking transactions. In the event that Cyberbanking is not available for any reason whatsoever (whether or not within the control of the Bank), the Customer shall have no claim whatsoever against the Bank and shall use other available means to effect banking transactions. | ||||
| 28. | The Bank shall not be liable for any damage or loss to the Customer's terminal or equipment or related facilities or any loss or corruption of the Customer's data in connection with the operation of Cyberbanking. The Bank shall in any event not be liable for any indirect, special, incidental or consequential damages arising from or in connection with the provision of Cyberbanking. | ||||
| 29. | The Customer agrees to pay all of the fees and/or charges which the Bank may charge from time to time in connection with the provision of Cyberbanking and/or the use of the Cyberbanking and/or Digital Certificate by the Customer. The Bank may at any time without obtaining consent from the Customer set-off or transfer any monies standing to the credit of any of bank accounts of whatsoever description (including but not limited to current, savings, fixed or call deposit accounts) towards discharge of all sums due to the Bank or arising out of the use of Cyberbanking. The Customer hereby confirm(s) that the Bank shall in no event be liable for any loss or damage or consequence including but not limited to, the dishonour of any cheque or the levying of any overdraft interest due to insufficient credit balance of the account, which may be incurred or suffered by the Customer as a result of, or arising from the charge levying from the account by the Bank. Customer hereby further waive(s) his/their rights, if any, against the Bank of the aforesaid liabilities, if any, and confirm(s) that the Customer shall be solely liable for such liabilities. | ||||
| 30. | If the Customer is a firm (whether sole proprietorship or partnership firm), the following provisions shall apply: | ||||
| (a) | the Customer and the proprietor or partners and persons carrying on business in the name of the Customer now or at any time hereafter shall be jointly and severally liable under these terms and conditions; | ||||
| (b) | the Customer shall advise the Bank of any change in its constitution or membership and unless expressly released, the Customer and all persons signing the Application as the proprietor or partners of the Customer shall continue to be liable hereunder irrespective of any change. | ||||
| 31. | The Customer hereby warrants and represents that:- | ||||
| (a) | If the Customer is a limited company, the Customer has been duly incorporated and in good standing; | ||||
| (b) | all acts, conditions, things required to be done, performed and observed in order that these terms and conditions shall constitute the legal, valid and binding obligations of the Customer enforceable in accordance with its terms have been done, performed and observed in strict compliance with all applicable laws and Memorandum and Articles of Association or other constitutional documents of the Customer. | ||||
| Conditions on Telegraphic Transfer / CHATS | |||||
| 1. | In the absence of specific instructions to the contrary the remittance will be effected in the currency of the country in which payment is to be made. | ||||
| 2. | The Bank reserves the right to draw this outward remittance on a different place from that specified by the customer if operational circumstances so require. | ||||
| 3. | The Bank may send any message relative to telegraphic transfer in explicit language, code, or cipher and is not to be liable for errors, neglects, or defaults of any correspondents, sub-agent, or other agency. | ||||
| 4. | Except for loss or damage due to the Bank's gross negligence, fraud or wilful default, the Bank shall not be liable for any loss or damage due to delay in payment or in giving advice of payment; loss of items in transit or otherwise, mutilation, error, omission, interruption or delay in transmission or delivery of any item, letter, telegram or cable or the actions of our correspondents, sub-agent, or other agency; or declared or undeclared war; censorship; blockade; insurrection; civil commotion; or any law, decree, regulation, control, restriction or other act of a domestic or of foreign government or other group or groups exercising governmental powers, whether de jure or de facto, or any act or event beyond our control; or from its being misinterpreted upon receipt. | ||||
| 5. | Any request for amendment or cancellation has to be made by the Customer upon production of proper identity documents, and refund can only be made by the Bank upon receipt of its correspondent's effective confirmation of cancellation and at the Bank's current buying rate for the currency of the remittance at the time of refund. The Bank is entitled to reimbursement from the Customer of the expenses so incurred by itself and its correspondents or agents. All cable / postage charges and commission collected are not refundable. | ||||
| 6. | Customer should note that charges may be levied by the Bank's correspondents or agents which vary from time to time. All charges incurred outside Hong Kong are for the account of the beneficiary. However, the Bank is entitled to reimbursement from the Customer for the expenses of the Bank, its correspondents and agents. | ||||
| 7. | Applications for same day value are subject to cut-off times related to the geographical location of the destination. | ||||
| 8. | The Bank reserves the right to revise all charges from time to time with prior notice to the Customer deemed appropriate by the Bank. | ||||
| Schedule II | |||||
| Terms and Conditions for Cyberbanking Card / Cyberbanking Renminbi Card | |||||
| 1. | The Customer who has been issued with the Cyberbanking Card / Cyberbanking Renminbi Card (collectively called "the Card") can use the Card on (a) any applicable ATM; and (b) any other devices or terminals for effecting payment by transfer of funds by electronic means, including but not limited to POST or otherwise from time to time announced by the Bank. | ||||
| 2. | The Card is and shall at all times be the property of the Bank and the Bank reserves the right at all times at its absolute discretion to terminate this agreement with the Customer by withdrawal of the Card or the service thereby provided, or by refusing to renew the Card without giving any reason therein and without any prior notice to the Customer. The Customer shall surrender the Card to the Bank immediately upon the Bank's demand on the occurrence of any one of the said events. | ||||
| 3. | The Card shall only and exclusively be used by the Customer and is not transferable. | ||||
| 4. | The Customer shall at no time and in no circumstances disclose to any person whomsoever his/her "Personal Identification Number" ("PIN") designated for operating the ATM and/or POST, where applicable. Notwithstanding the foregoing, the Customer shall be fully responsible for all transactions involving the use of the Card by any person whomsoever whether or not authorised by the Customer. |
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| 5. | If the Customer shall consist of more than one person, each and every one of the Customers shall be jointly and severally responsible for all transactions involving the use of the Card so issued and the terms and conditions herein shall be jointly and severally binding on each and every one of the Customer. | ||||
| 6. | The Card shall be used for withdrawal or transfer at ATM and/or POST, where applicable, only if there are sufficient funds in the account(s) of the Customer therefor. If withdrawal or transfer is made without sufficient funds in the account(s), the Bank is not obliged to effect any such withdrawal or transfer and is entitled to refuse or reject to effect such withdrawal or transfer, with or without cause, without incurring any liability whatsoever and without prior notice to the Customer. If the Bank agrees to effect such withdrawal or transfer, the Customer shall repay to the Bank immediately on demand such amount overdrawn or over transferred together with interest thereon at the rate chargeable by the Bank from time to time on overdraft accounts with the Bank. The Customer hereby agrees to indemnify the Bank and keep the Bank fully indemnified against all suits, actions, expenses, costs, losses, claims, damages and demands which may be suffered or incurred (collectively "Losses") by the Bank arising from or relating to the Customer's making withdrawals or effecting transfer of funds from account(s) held with the Bank by using the Card and the ATM or POST, unless any of the Losses arises out of the Bank's gross negligence, fraud or wilful default. | ||||
| 7. | The Customer acknowledges that transactions involving any transfer of funds between accounts through an ATM and/or POST on any day may be processed on the day of the transaction or on the next banking day. In the case of any transactions involving the transfer of funds to other banks' account, the Receiving Bank may credit the funds received to the payee account at different times and the Bank is not responsible as to when the transferred funds will actually be credited to the payee account. Where funds are received through an ATM and/or Post from the Paying Bank for the Customer's account, the Bank will credit the funds to the Customer's account in accordance with the Bank's practice from time to time. The Bank has the right at any time to reverse any credit to the Customer's account if the Paying Bank fails for any reason to make payment to the Bank. | ||||
| 8. | The records of the Bank or any other JETCO and VISA PLUS Member Bank or any other CUP Member Bank or any other institutions in relation to any transactions made by the use of the Card on any ATM and/or POST shall in all respects be conclusively binding on the Customer for all purposes. If the Customer has any question, problem or dispute in relation to any transactions involving the use of the Card, the Customer must look to the Bank for answers to such questions or for resolution of such problems or disputes. | ||||
| 9. | Cash and/or cheque in Hong Kong currency may be deposited with the Bank by the use of the Card and the ATM of the Bank provided always the Customer agrees that:- | ||||
| (a) | cash deposits shall be treated as having been received by the Bank and will be credited to the Customer account only after verification by the Bank (such verification will take time and may not take place on the day of deposit), and before the same is credited to the Customer account as aforesaid, the Customer cannot withdraw, transfer or otherwise utilise the same or any part thereof; | ||||
| (b) | cheques deposited are accepted for collection only, the proceeds will not be credited to the Customer account and be available for withdrawal or transfer until after the cheques have been duly cleared. Such collection of cheques may not take place on the same day as the deposit of cheques; | ||||
| (c) | the Customer Advice(s) issued by the ATM in respect of the acceptance of such deposit(s) represents only what the Customer has purported to have deposited with the Bank by the use of the Card and the ATM and shall in no way and under no circumstances bind the Bank as to its/their validity correctness as to the amount so deposited, which is subject to the verification by the Bank; | ||||
| (d) | the Customer shall indemnify the Bank and keep the Bank fully indemnified against all suits, actions, expenses, costs, losses, claims, damages and demands which may be suffered or incurred (collectively "Losses") by the Bank arising from or relating to the Customer's making deposits with the Bank by using the Card and the ATM, unless any of the Losses arises out of the Bank's gross negligence, fraud or wilful default; | ||||
| (e) | any deposit in coins by the use of the Card and the ATM is not allowed. | ||||
| 10. | The Customer hereby irrevocably authorises the Bank to debit (without any prior notice to the Customer) the account(s) of the Customer with the Bank the amount of any withdrawal, transfer and/or transaction involving the use of the Card at the ATM and/or POST whether or not made with his/her knowledge or by his/her authority. In the case of fund transfer to other bank's account, the Bank is not responsible in any circumstances to recover any amount so paid to the Receiving Banks or reverse any entry so made, unless due to the gross negligence, fraud or wilful default of the Bank and is not responsible if any Receiving Bank fails for any reason to pay the transferee. | ||||
| 11. | In the event of loss or theft of the Card, the Customer shall immediately report to the Bank and confirm the same in writing, if requested by the Bank. The Customer shall be responsible for all transactions effected by the use of the Card by any person whether or not authorised by the Customer before such written notification of Card loss or theft has been received by the Bank. If any replacement Card is issued, the Bank is entitled to charge a fee. The Bank may from time to time in its absolute discretion determine the fee for the replacement of the Card. | ||||
| 12. | The Card and the related PIN are issued and delivered to the Customer at his/her own risk. | ||||
| 13. | The Bank or any JETCO and VISA PLUS Member Bank or any CUP Member Bank or any other institutions shall not be responsible for any and all consequences, if the transactions involving the use of the Card are not honoured or operative for any reason whatsoever or if there is any malfunctioning and/or failure of the ATM and/or POST. | ||||
| 14. | The Bank shall be entitled from time to time to impose any limit and/or restriction whether in amount or otherwise on the use of the Card. If a transaction made by the Customer exceeds such limit or use, the Bank is not obliged to effect such withdrawal or transfer and is entitled to refuse or reject to effect such withdrawal or transfer, without incurring any liability whatsoever and without prior notice to the Customer. | ||||
| 15. | The Bank hereby reserves all rights to charge a fee for the use of the Card and such fee shall be at such rate(s) and for such period and payable in such manner as the Bank may announce from time to time. | ||||
| 16. | The Bank shall be entitled to charge and the Customer hereby agree(s) to pay an annual fee for the Card. The Bank may from time to time in its absolute discretion determine the annual fee for the use of the Card. Such annual fee is payable in advance and shall be debited automatically from the Designated Account No. 1 to which the Card relates. If such annual fee is to be collected in any currency other than Hong Kong currency, the Bank shall have absolute discretion to convert such annual fee into such other currency(ies) at the Bank's rate of exchange determined by the Bank at the time the transaction is processed without reference to or consent from the Customer. Such amendment and change will be announced by the Bank from time to time in such manner as it deems fit. All such fees shall not be refundable irrespective of cancellation of the Card whether by the Customer or by the Bank. The Customer hereby confirm(s) that the Bank shall in no event be liable for any loss or damage or consequence including but not limited to, the dishonour of any cheque or the levying of any overdraft interest due to insufficient credit balance of the account, which may be incurred or suffered by the Customer as a result of, or arising from the levying and automatic debiting of any annual fee from the Designated Account No. 1. The Customer hereby further waive(s) his/their rights, if any, against the Bank of the aforesaid liabilities, if any, and confirm(s) that the Customer shall be solely liable for such liabilities. | ||||
| 17. | The Customer agrees that the Bank may contact his/her employer, banks or other information sources to obtain, collect, hold, store, use, exchange and disclose details of information, provided by / or related to the Customer or any transactions or dealings between us / or personal data without prejudice to the generality of the foregoing. Data held by the Bank relating to the Customer will be kept confidential but the Bank may disclose any such details or information as above to any member banks and to any third party service provider whose name or logo appear on the Card. Such transfers are necessary to ensure international acceptability and efficient provision of the services of the Card. The Bank may also compare the information collected about the Customer and may use the results of such comparisons for the purpose of taking any action including action which may be adverse to the interest of the Customer in connection with denying authorisation for use of the Card or cancellation of the Card or collection of amounts outstanding in respect of the Card. The Customer is entitled at any time to request access to the information held by the Bank about the Customer or the account(s) of the Customer and correction of any such information which is inaccurate. The Bank has a right to charge a reasonable fee for the processing of any data access request. The person to whom requests for access to data or correction of data or information regarding policies and practices and kinds of data held is the Group Data Protection Officer, The Bank of East Asia Group, 20th Floor, Bank of East Asia Building, 10 Des Voeux Road Central, Hong Kong. | ||||
| 18. | The Bank shall not be liable for any act or omission of any merchant shop or establishment including, without limitation, any refusal to honour or accept the use of the Card or any statement or other communication made or any dispute defect or deficiency in any goods or services supplied in connection with the use of the Card. The Customer shall handle or resolve all claims or disputes directly with such merchant shop or establishment and no such claim or dispute shall affect or entitle the Customer to revoke challenge or vary any transfer or payment effected. | ||||
| 19. | The Customer acknowledges that fund transfers to Third Party Accounts involve risk, including but not limited to the payments made to unauthorised Third Party Accounts. | ||||
| 20. | If the Receiving Bank is in default in the interbank settlement before the Customer's payment has been made to it, the payment will not be made and the debit entry in the Customer's account will accordingly be reversed. | ||||
| Applicable to Cyberbanking Card only | |||||
| 1. | For any transaction effected in any currency other than Hong Kong currency, the Bank shall have absolute discretion to convert such foreign currency into Hong Kong currency and/or such other currency(ies) at the Bank's rate of exchange determined by the Bank at the time the transaction is processed without reference to or consent from the Customer. | ||||
| 2. | Deposit of foreign currency note(s)/coin(s) and/or cheque(s) by use of the Cyberbanking Card and the ATM is not permitted and the Bank will not be responsible for the consequences of any such deposit and/or attempted deposit of any such items. | ||||
| Applicable to Cyberbanking Renminbi Card only | |||||
| 1. | The Bank shall be entitled to charge a fee for each transaction made at the ATM and/or POST at such rate as determined in its absolute discretion and announced by the Bank from time to time. The Bank shall have absolute discretion to convert such fee into Hong Kong currency and/or such other currency(ies) at the Bank's rate of exchange determined by the Bank at the time the transaction is processed without reference to or consent from the Customer. The Customer acknowledges that if the transaction fee cannot be debited successfully due to insufficient funds in the account(s) or any other reason, the Bank is not obliged to effect any such withdrawal or transfer and is entitled to refuse or reject to effect such withdrawal or transfer, without incurring any liability whatsoever and without prior notice to the Customer. | ||||
| 2. | Deposit of cheques in Renminbi by use of the Cyberbanking Renminbi Card and the ATM is not allowed. The Bank will not be responsible for the consequence of such deposit and/or attempted deposit of any such items. | ||||
| 3. | Renminbi notes may be deposited by use of the Cyberbanking Renminbi Card and the ATM of the Bank provided always the Customer agrees that:- | ||||
| (a) | Renminibi note deposit shall be treated as having been received by the Bank and will be credited to the Customer account only after verification by the Bank (such verification will take time and may not take place on the day of deposit), and before the same is credited to the Customer account as aforesaid, the Customer cannot withdraw, transfer or otherwise utilise the same or any part thereof; | ||||
| (b) | the Customer Advice(s) issued by the ATM in respect of the acceptance of such deposit(s) represents only what the Customer has purported to have deposited with the Bank by the use of the Cyberbanking Renminbi Card and the ATM and shall in no way and under no circumstances bind the Bank as to its/their validity and correctness as to the amount so deposited, which is subject to the verification by the Bank; | ||||
| (c) | the Customer shall indemnify the Bank and keep the Bank fully indemnified against all suits, actions, expenses, costs, losses, claims, damages and demands which may be suffered or incurred (collectively "Losses") by the Bank arising from or relating to the Customer's making deposits with the Bank by using the Card and the ATM, unless any of the Losses arises out of the Bank's gross negligence, fraud or wilful default. | ||||
| The Bank may from time to time in its absolute discretion refuse to accept any deposit in Renminbi notes by the use of the Cyberbanking Renminbi Card and the ATM of the Bank without incurring any liability whatsoever and without prior notice to the Customer. | |||||