The eStatement/eAdvice service offered by the Bank (this “Service”) is subject to the following terms and conditions (these “Terms and Conditions”) in addition to the terms and conditions which you have agreed upon with the Bank in relation to the respective accounts, services and products (including without limitation, the terms and conditions found under Schedule 4 (Terms and Conditions for Electronic Banking Services) to the Terms and Conditions for Accounts and Related Services (the “EBS Terms”) and the Terms and Conditions for Accounts and Related Services (the “Account Terms”)). Unless otherwise defined herein, capitalized terms used in these Terms and Conditions shall have the same meaning as used in the Account Terms:
- The Bank has your authority and instructions to make available electronically through our Online Banking Services (defined in the EBS Terms) any account statement, advice or acknowledgement (together the "eStatements/eAdvices", each referred to as “eStatement” or “eAdvice” as applicable) in such form and manner as the Bank may deem suitable from time to time for your access or use.
- It is acknowledged and agreed by you that (i) the Bank will maintain the eStatements/eAdvices on Online Banking Services for such limited period as the Bank may consider appropriate from time to time; (ii) you should and will promptly review and examine the eStatements/eAdvices on Online Banking Services and if necessary, will download and keep printouts or copies of the eStatements/eAdvices as and when necessary for your own record; (iii) unless there are statutory requirements or other relevant requirements, the Bank may periodically and from time to time remove past eStatements/eAdvices from our Online Banking Services at our discretion even if you have not viewed, accessed or saved them, and the Bank shall not be in any way liable or responsible for any loss or expenses arising out of or in connection with the loss of the eStatements/eAdvices or the unavailability of the eStatements/eAdvices.
- You agree that, after registering this Service, the Bank will stop sending physical/hard copies of bank statements, advices or acknowledgements to you immediately. The Bank may at our discretion but are not obliged to, at your request, retrieve the corresponding bank statements, advices or acknowledgements in paper form for you with a fee.
- You agree that, an eStatement or an eAdvice posted on Online Banking Services will be considered as having been delivered to you at the time when it is posted according to the Bank’s record. You must notify the Bank in writing (or via such means and in such form and manner as shall be acceptable to the Bank) immediately of any failure to receive, access or view, or any delay in or other irregularities or problems in connection with the eStatements/eAdvices.
- The Bank has no obligation but may notify you that an eStatement or an eAdvice has been issued and available for viewing on Online Banking Services. The Bank may provide the notification (if any) by any means or manners that the Bank may consider appropriate (including but not limited to via an email message, a short message via SMS or any other means); but in all applicable circumstances, the Bank will not assume any liability or responsibility for any delay of notification, non-notification, or inability on your part to receive such notification (whether or not due to your failure to provide a valid email address and/or a mobile phone number capable of receiving emails or short messages via SMS whatsoever).
- You should ensure that your email address and mobile phone number on our record are at all times (i) valid, (ii) up-to-date and (iii) capable of receiving our notification and any other messages. You must notify the Bank promptly if there is any change in your contact telephone number or email address.
- You should never provide your account or personal information on screen following a website hyperlink from any email, SMS short message or our communication in other means. All website hyperlinks authorized by the Bank will be provided to you for information only and will not require you to input your account or personal information. You should check the email address or website address of the sender of email, SMS short message or our communication to ensure that the communication is genuine. You agree and undertake not to hold the Bank liable nor in any way responsible for any loss, damages or expenses that you incur or may incur, including, without limitation, any loss or damage caused to your data, software, computer, telecommunications equipment or other equipment in connection with your use of this Service unless any such loss, damages or expenses is caused solely and directly by the negligence or wilful default of the Bank.
- You agree to promptly review and examine each of the eStatements/eAdvices once the same is made available for viewing on Online Banking Services. You shall be deemed to have agreed to waive any rights to raise objections or pursue any remedies against the Bank in respect thereof and the eStatements/eAdvices will be considered as correct, conclusive and binding on you, unless you notify the Bank in writing of any errors (e.g. discrepancies, omission, unauthorized debits or other transactions or entries arising from whatever cause, including, but without limitation, forgery, forged signature, fraud, lack of authority or negligence on the part of the Bank or of any other person, etc…) within 90 days of the date of issuance of the relevant eStatement or eAdvice.
- Although the Bank will use reasonable endeavours to ensure that the eStatements/eAdvices will be made available on Online Banking Services in a timely fashion, there may be a time lag in transmission of data electronically. You acknowledge that this Service (together with the Online Banking Services) are both 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, there may be time lag between the date of issuance of an eStatement or an eAdvice and the date on which the same is made available on Online Banking Services.
- You agree to be responsible for any fees, charges or expenses for your telecommunications equipment or device and for the service provided by the telecommunications service provider (whether or not designated by us) in connection with this Service.
- You confirm that you have assessed and analyzed and so you understand, acknowledge and accept the possible risks involved in your use of this Service, including, without limitation, any of the eStatements/eAdvices being intercepted, monitored, amended, tempered with or being sent or disclosed to other parties without your authorization. You agree that the Bank will not be liable for any disclosure of confidential information if you have not complied with these Terms and Conditions or such other security guidelines or recommendation that the Bank may issue from time to time. You further agree that the Bank may vary or terminate this Service at any time and in such manner as the Bank may deem suitable from time to time.
- For joint account holders, once this Service is registered by any one of the joint account holders, the Bank is authorized to:
| (i) | stop sending physical/hard copies of the relevant statement, advice or acknowledgement to all joint account holders; |
| (ii) | (applicable to eStatements only) rely on the prior instructions submitted to the Bank with regard to the account statement of such joint account and to notify only the one designated account holder(if any) on the issuance of the eStatements; the eStatements will be deemed to have been provided to each and all of account holders; |
| (iii) | (applicable to eAdvices only) provide the eAdvices of such joint account to each and all of the
joint account holders via Online Banking Services. In other words, all joint account holders
will be able to view the eAdvices by accessing the Online Banking Services; and
|
| (iv) | (in relation to the bank notification in clause 5 above) notification (if any) would be sent by the
Bank to the joint account holder(s) via the mean or manner that the Bank may consider appropriate. |
- The Bank shall not be liable for loss, damage or expense of any kind which you may incur or suffer arising from or in connection with (i) any failure or delay in accessing the eStatements/eAdvices; (ii) any error or omission in the eStatements/eAdvices; (iii) any disclosure of confidential information; (iv) any loss or damage to your data, software, telecommunications equipment or other equipment in connection with your use of this Service; and (v) any suspension or termination of this Service under any other circumstance.
- The Bank may revise these Terms and Conditions and/or introduce additional terms and conditions (including any fees and charges) at any time and from time to time. Any revision, update or addition to these Terms and Conditions shall become effective subject to the Bank giving reasonable notice to you which may be given by posting them on the Bank's website, Mobile App or by such other physical or electronic means as the Bank thinks fit, and shall be binding on you if you continue to maintain or use this Service on or after the effective date of such revision, update or addition.
- The Bank has the right to, with or without prior notification to you, specify or vary the scope and extent of this Service and its features or to suspend or terminate all or any part of this Service for any reason at any time in its sole discretion, and the Bank shall not be liable to any person in any manner whatsoever arising out of or in connection with such modification, suspension or termination.
- No person other than you and us will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions of these Terms and Conditions.
- These Terms and Conditions are governed by the laws of the Hong Kong Special Administrative Region. The Customer agrees to submit to the non-exclusive jurisdiction of the Hong Kong courts in relation to any dispute in respect of or arising from these Terms and Conditions and this Service, but these Terms and Conditions may be enforced in the courts of any competent jurisdiction.
- If there is any inconsistency between these Terms and Conditions and those set out in the EBS Terms or the Account Terms, these Terms and Conditions shall prevail. If there is any discrepancy between the English version and Chinese version, the English version shall prevail.