E.Sun Commercial Bank, Ltd.
Hong Kong Branch
TERMS AND CONDITIONS FOR INTERNET BANKING SERVICES
The terms and conditions stated herein ("
these Terms") apply in respect of the Internet Services offered by E.Sun Commercial Bank, Ltd., Hong Kong Branch (the "
Bank", which expression shall include its successors and assigns) to you ("
Customer", which expression shall, where the context requires, include any personal representative or lawful successor of the Customer) over or through the Internet Site. By accessing or using any part of the Internet Services or the Internet Site, the Customer agrees to be bound by these Terms.
- Definitions and Interpretation
| 1.1 |
In these Terms, the following expressions (unless the context otherwise requires) shall have the following meanings respectively :
“Account” means any account of the Customer maintained and registered with the Bank;
“Information” means the financial, market or other information and data supplied by any Information Provider and make available by the Bank via the Internet Site;
“Information Provider” means the person who provides the Information (which expression shall include any person who supplies any information to an Information Provider);
“Internet Services” means the online services and facility provided by the bank from time to time through the Internet Site;
“Internet Site” means the Internet site established, operated and/or maintained by or on behalf of the Bank;
“Proprietary Information” means the Internet Services, the Internet Site and all software comprised therein, the Information, the Reports, and their form, format, mode or method of compilation, selection, configuration, presentation and expression; and |
| 1.2 |
Unless the context otherwise requires : words importing the singular include the plural and vice versa; words importing person include bodies corporate or unincorporate; words importing gender include every gender and the neuter gender. |
- Internet Services
| 2.1 |
The Bankshall provide subject to these Terms the Internet Services to enable the Customers to give instructions to and communicate with the Bank for the purposes of conducting banking, investment, financial, securities and other transactions and dealings of various nature and obtaining services, products, information, goods, benefits and privileges from the Bank and/or members of [E.Sun Group]. |
| 2.2 |
As part of the Internet Services, the Bank may make available the Information supplied by the Information Provider and may provide Reports. |
| 2.3 |
The Bank has the right to determine and vary from time to time the scope and type of the Internet Services to be made available including, without limitation :
- expanding, modifying or reducing the Internet Services at any time;
- imposing and varying any restrictions on the access or use of the Internet Services such as minimum and maximum daily limits with respect to the value of any transaction or dealing or any type of transactions or dealings which the Customer may conduct by using the Internet Services; and
- prescribing and changing the normal service hours during which the Internet Services are available and any daily cut-off time for any type of the Internet Services or transactions. Any instruction of the Customer received by the Bank after any applicable daily cut-off time shall be deemed to be received on the next business day. [The Bank may specify business day and daily cut-off time by reference to the time of various markets operating in different time-zones / The business day and daily cut-off time are day and time of Hong Kong].
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| 2.4 |
Notwithstanding anything to the contrary herein contained, the Bank shall have the right exercisable at its sole discretion at any time without prior notice to the Customer to limit, vary, suspend or, if under exceptional circumstances, terminate the Internet Services or any function thereunder or set limit on any instruction that can be given and any transaction or dealing that can be entered pursuant thereto. |
| 2.5 |
Without prejudice to the generality of the foregoing, the Bank may, at any time, without giving notice or reason suspend or terminate the Internet Services (or any part thereof) provided to the Customer. |
| 2.6 |
The Bank may require the Customer to nominate or register specific Account(s) for the purposes of the Internet Services. |
- Governing Terms and Conditions
| 3.1 |
The Internet Services provide an additional means for the Customer to operate Accounts, conduct transactions and dealings and obtain services, products, information, goods, benefits and privileges from the Bank as shall be made available from time to time. Transactions and dealings effected by using the Internet Services are subject to these Terms and the Bank's [Disclaimer and Internet Privacy Statement]. All other terms and conditions governing the relevant Accounts, transactions, dealings, services, products, information, goods, benefits or privileges shall continue to apply but where there is any discrepancy, these Terms shall prevail for the purposes of the Internet Services. |
- Use of the Internet Services
| 4.1 |
In the case of a personal Customer, the Internet Services are for his sole and exclusive use. In the case of a non-personal Customer, the Customer shall nominate, according to such procedures as the Bank may prescribe, one or more individual(s) as shall be permitted by the Bank (including, where the Customer is a sole-proprietorship, the sole proprietor) (the “Authorised User”) to use the Internet Services and the Internet Services shall be used by theAuthorised User and not any other person. |
| 4.2 |
To access the Internet Services for the first time, the Customer are required to register on-line or in such other manner as the Bank may from time to time specify and indicate their acceptance of all the terms and conditions governing the use of the Internet Services and to provide such information as the Bank may reasonably specify for identifying the Customer. |
| 4.3 |
By registering to use the Internet Services, the Customer warrant that all information provided by them to the Bank in relation to the Internet Services is true, accurate, complete and up-to-date. |
| 4.4 |
The Customer shall not use or knowingly allow any other person to use the Internet Services, the Information and/or the Reports for or in connection with any illegal purpose or activity. |
| 4.5 |
Any exchange rate, interest rate, dealing rate and other prices and information quoted by the Bank on the Internet Site(s) or otherwise in response to an online inquiry is for reference only and is not binding. Any rate, price and information offered by the Bank for the purpose of the relevant transaction or dealing shall be binding on the Customer upon the Customer confirming his acceptance irrespective of any different rate, price or information quoted by the Bank. |
| 4.6 |
The Customer acknowledges that there may be a time lag in transmission of instructions, information or communication via the Internet. |
| 4.7 |
The Internet Site and/or the Internet Services are intended to be offered in jurisdictions where and when they may be lawfully offered. The Customer may reside in any of those jurisdictions in which use of the Internet Site and/or Internet Services is unlawful, prohibited or in any way restricted. The Customer acknowledges and agrees to check and observe all relevant restrictions which may apply to him/her/it. |
| 4.8 |
The Customer acknowledges and agrees that the Internet is, due to unpredictable traffic congestion or any other reasons, an inherently unreliable medium of communication and that such unreliability is beyond the control of the Bank and the Bank does not make any warranty as to the results that may be obtained from the use of the Internet Site or as to the accuracy or reliability of any information obtained through the Internet Site or that defects in the software available on the Internet Site will be corrected. |
| 4.9 |
The Customer understands and acknowledges that the Internet Services are provided as an additional service in relation to transactions or dealings with the Bank and shall not be considered as a substitute for other method(s) of effecting transactions or dealings. In the event that the Internet Services are 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 for inability to use the Internet Services and shall use other available means to effect transactions or dealings. |
| 4.10 |
Any contract confirmation, statement, notice, demand and other communication from the Bank to the Customer may be effectively given via the Internet Services or by electronic mail to any electronic mail address which the Customer may elect and notify the Bank from time to time for such purpose and shall be deemed to have been received by the Customer when sent and such contract confirmation, statement, notice, demand and other communication shall not be required to be signed by the Bank. |
- User ID and Password
| 5.1 |
The Customer shall follow the guidance provided by the Bank online in designating the user identification code (the ”User ID”) and the password (the ”Password”) for identifying the Customer for the purposes of the Internet Services. |
| 5.2 |
The Customer may change the Password at any time but any change shall be effective only if accepted by the Bank. The User ID cannot be changed unless with the agreement of the Bank. |
| 5.3 |
The Customer shall act in good faith, exercise reasonable care and diligence in keeping the User ID and the Password in secrecy. At no time and under no circumstances shall the Customer disclose the User ID and/or the Password to any other person. |
| 5.4 |
The Customer shall be fully responsible for any accidental or unauthorised disclosure of the User ID and/or the Password to any other person and shall bear the risks of the User ID and/or the Password being used by unauthorised persons or for unauthorised purposes. |
| 5.5 |
Upon notice or suspicion of the User ID and/or the Password being disclosed to any unauthorised person or any unauthorised use of the Internet Services being made, the Customer shall notify the Bank in person as soon as practicable or by telephone at such telephone number as the Bank may from time to time prescribe (and the Bank may ask the Customer to confirm in writing any details given) and, until the Bank's actual receipt of such notification, the Customer shall remain responsible for any and all use of the Internet Services by unauthorised persons or for unauthorised purposes. |
- Customer's Instructions
| 6.1 |
The Customer is required to quote the User ID and the Password in order to log-on to the Internet Services and give instructions to the Bank online. Instructions in connection with the Internet Services shall not be considered to be received by the Bank unless they are given in such manner as the Bank may prescribe from time to time and until the Bank has actually received them. |
| 6.2 |
The Customer acknowledges and agrees that the only duty of the Bank is to verify the User ID and Password and apart from such duty, the Bank shall not have any responsibility to verify the identity or authority of the person giving instruction or the authenticity of the instruction. The Bank shall have the right at its absolute discretion to refuse any instruction if the Bank is in doubt of the authenticity of such instruction. |
| 6.3 |
In the case of a non-personal Customer, the liabilities and obligations of the Customer under these Terms are joint and several and all transactions effected by the Bank pursuant to instructions received by the Bank shall be binding on the Customer in all respects. The Customer irrevocably authorise the Bank to effect debits and credits with the relevant Accounts in accordance with instructions. The Customer shall ensure that there are sufficient funds or pre-arranged credit available in the relevant Account for the purpose of any instructions. The Bank reserves the right to refuse to execute an Instruction if there are insufficient funds in the Account. The Bank shall not be liable for any consequence arising from or in connection with any instructions not carried out by the Bank due to insufficiency of funds and/or credit facilities. The Bank may, however, at its sole discretion carry out any instructions notwithstanding such insufficiency without prior approval from or notice to the Customer and the Customer shall be fully responsible for any overdraft, advance or debit created as a result. |
| 6.4 |
Any instruction given in connection with the Internet Services by quoting the User ID and the Password of the Customer, once given, may not be cancelled, rescinded or withdrawn without the consent of the Bank. All such instructions given, as understood and acted on by the Bank in good faith, shall be irrevocable and binding on the Customer whether given by the Customer or by any other person purporting to be the Customer. The Bank shall be under no duty to verify the identity or authority of the person giving any such instruction or the authenticity of such instruction apart from verifying the User ID and the Password of the Customer. |
| 6.5 |
The Bank will only act on an instruction insofar as it is in the Bank's opinion practicable and reasonable to do so and in accordance with its regular business practices and procedures. Any instruction received by the Bank after the prescribed daily cut-off time shall not be executed until the next processing day for the Instruction of that kind. |
| 6.6 |
Advice or confirmation that an instruction has been received and/or a transaction has been effected through the Internet Services will be provided by the Bank online. Such advice or confirmation shall be deemed to have been received by the Customer immediately after transmission and it is the duty of the Customer to check such advice or confirmation. It is also the duty of the Customer to enquire with the Bank if the Customer does not receive an advice or confirmation within the time usually required for a similar advice or confirmation to be received. |
| 6.7 |
Information relating to any Account or transaction made available on the Internet Site are for reference only. The Bank's records of such Account and transaction shall be conclusive unless and until the contrary is established. |
| 6.8 |
The Bank shall be entitled to effect any payment and to require the Customer to effect any payment in any currency as the Bank may prescribe. Where a conversion of one currency into another currency is required, such conversion shall be effected at the rate determined by the Bank to be prevailing in the relevant foreign exchange market at the relevant time, such determination to be conclusive and binding on the Customer. |
- Fees
| 7.1 |
The Bank reserves the right to charge fees in relation to the use and/or termination of the Internet Services and to revise such fees. The Bank shall determine and give reasonable notice to the Customer of the rate of any fee from time to time before they become effective which shall be binding on the Customer if the Customer continues to maintain or use the Internet Services on or after the effective date. Fees may be collected from the Customer in such manner and at such intervals as the Bank may specify. |
- Customer's Undertakings and Responsibilities
| 8.1 |
The Customer shall provide such information as the Bank may from time to time reasonably request for the purposes of providing the Internet Services. |
| 8.2 |
The Customer authorises the Bank to disclose and transfer information relating to the Customer, the Account(s) and/or the transaction(s) executed by the Bank on the Customer's behalf to such person(s) as the Bank may be requested (whether or not compelled by law) to do so by any law, rules or regulations of any competent jurisdiction in which the Bank executes transaction(s) on the Customer's behalf or any exchange, government or regulatory authority in such jurisdiction. |
| 8.3 |
The Customer shall not, and shall not attempt to decompile, disassemble, reverse-engineer, damage, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with, or gain unauthorized access to, any part of the Internet Services or any Internet Site or any software comprised in them. |
| 8.4 |
The Customer acknowledges that it is the responsibility of the Customer to determine independently market prices and rates for trading purposes through his usual trading channels, to verify any Information and/or Report before relying or acting on it and to seek independent professional advice on legal, tax and other issues in connection with the use of the Internet Services, the Information and the Reports, these Terms and any transactions and dealings which may affect the Customer under all applicable laws. |
| 8.5 |
In addition to the other provisions in this Clause 8, in the case of a non-personal Customer :
- The Customer shall, at the request of the Bank, execute such forms and/or documents, provide such information and perform such acts as the Bank may consider necessary or expedient in connection with the provision of the Internet Services and the performance, exercise and preservation of its obligations, powers and rights under these Terms and Conditions.
- The Customer acknowledges that, subject to any daily limits or other restrictions which may be imposed by the Customer and/or the Bank in using the Internet Services, the Customer may give instructions to operate any and all of the Accounts in any manner as he thinks fit (including, without limitation, withdrawing and/or transferring funds from the Accounts to himself and/or any other persons whether or not for his own use and benefit). The Customer authorises the Bank to carry out all instructions in accordance with these Terms and Conditions and confirms that the Bank is not under any duty to verify the propriety or integrity of any instructions.
- It is the Customer’s responsibility to take appropriate measures to monitor and control the use of the Internet Services from time to time, the appointment and change of the Authorised User and the Accounts, and to adopt proper safeguards against the Internet Services being used by unauthorised persons or for unauthorised purposes including, without limitation, prescribing daily maximum limits or other restrictions on the amounts which the Authorised User may debit, withdraw or transfer from the Accounts.
- By designating any Account, the Customer authorises the Authorised User to operate singly such Account by using the Internet Services (but not by any other means), in each case irrespective of any contrary provision or arrangement for operating such Account (including any transaction limit) currently applicable to such Account. For the avoidance of doubt, any such contrary provision or arrangement shall be deemed to be amended to the extent necessary to give effect to this Clause 7(e)(iv).
- The Customer warrants that it has full power and authority to accept these Terms and Conditions and perform its obligations hereunder and that all necessary corporate or administrative action has been taken to authorise acceptance of these Terms and Conditions, performance of its obligations and use of the Internet Services. The Customer further warrants that such acceptance, performance and use shall not contravene or conflict with any provision of its constitutional documents.
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- Bank's Internet Site
| 9.1 |
The information and materials contained in the Internet Site are provided on an "as is" and "as available" basis. The Bank expressly disclaims all warranties of any kind, whether express or by implication, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement of any third party right. |
| 9.2 |
Notwithstanding that the Bank will use reasonable endeavour to ensure the accuracy of the materials and information supplied by the Bank through the Internet Site, such materials and information (whether supplied by the Bank or any third party) shall not be regarded or used by the Customer as professional or investment advice or a basis for making business decision and the Customer shall seek independent professional advice where necessary. |
| 9.3 |
The Customer acknowledges and agrees that any material, data and/or software downloaded or otherwise obtained through the use of the Internet Site or from the Internet Site is done at his own discretion and risk. The Bank shall not be liable in any way to any damage, fault, failure or malfunctioning to or of the Customer's system or loss of data that may result from the download and/or use of such material, data or software (in particular, in respect of loss and damage due to computer virus or software malfunction). |
| 9.4 |
Any hyperlink from the Internet Site to other web sites are for information purpose and convenience only. The Bank accepts no liability for any loss or damage arising directly or indirectly (including incidental, consequential and special loss) from the accuracy, sequence, truth, reliability, adequacy, timeliness, completeness or otherwise of the Proprietary Information or loss arising directly or indirectly from defects within such sites. The inclusion of hyperlinks does not imply any endorsement by the Bank of any materials on such sites. |
| 9.5 |
Materials and Information on the Internet Site are protected by copyright. No part of these materials or Information may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for commercial or public purposes without the Bank’s prior written consent. |
- Proprietary Information and Information Providers
| 10.1 |
The Customer acknowledges and agrees that the Proprietary Information are trade secrets and confidential and proprietary property of the Bank and the respective Information Providers. |
| 10.2 |
Unless expressly permitted by these Terms, the Customer shall not, and shall not attempt to :
- sell, transfer, disclose, assign, convey, lease, sub-license, share, loan, distribute, transmit, broadcast, cablecast, put in circulation, download, reproduce, duplicate or otherwise provide or disseminate any Proprietary Information in any form or by any means to any other person or commercially exploit any Proprietary Information;
- remove, obliterate, erase, relocate or modify in any way any proprietary marking on or appearing with the Proprietary Information including, without limitation, any trademark or copyright notice; or
- incorporate or combine the Proprietary Information with any other programmes.
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| 10.3 |
The restrictions on disclosure shall not apply to any Proprietary Information :
- where its disclosure is compelled by law but only to the extent required by law and only after written notice of the requirement to disclose has been given by the Customer to the Bank; or
- where the Bank has expressly agreed in writing to its disclosure.
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| 10.4 |
The Customer agrees that all right, title and interest in and relating to the Proprietary Information and any and all related copyright, patent, trademark, service mark, proprietary property, trade secrets and exclusive works are and shall remain the exclusive property of the Bank and the respective Information Providers. No right, title or interest other than the right to access the Information and the Reports subject to these Terms is conveyed or transferred to the Customer. The Customer shall not make any representation or do any act which may be taken to indicate that the Customer has any such right, title or interest. |
| 10.5 |
An Information Provider may impose from time to time terms and conditions in relation to the availability of any Information supplied by it. Access to such Information by the Customer on or after the effective date, subject to prior notification, of such terms and conditions shall constitute the Customer's acceptance thereof. |
| 10.6 |
The Information and the Reports are made available for reference only and are not intended for trading or other purposes. Neither the Bank nor any Information Provider shall be considered an investment adviser to the Customer. |
| 10.7 |
Neither the Bank nor any Information Provider warrants, represents or guarantees the sequence, accuracy, truth, reliability, adequacy, timeliness or completeness of any of the Information or the Reports or whether it is fit for any purpose. Nor does either of them assume any liability (whether in tort or contract or otherwise) for any reliance on the Information or the Reports by the Customer or any other person. |
| 10.8 |
The Information will be made available as it is supplied and identifying the Information Provider directly supplying it to the Bank. The Bank does not endorse or express any comment on any Information supplied by any Information Provider nor assume any duty to check or verify any Information. |
| 10.9 |
No warranty, representation or guarantee of any kind relating to the Information and/or the Reports is given or may be implied and no employee or agent of the Bank or any Information Provider is authorised to give any such warranty, representation or guarantee. |
- Liabilities of the Bank
| 11.1 |
The Bank will take reasonably practicable steps to ensure that its systems in connection with the Internet 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. |
| 11.2 |
None of the Bank, or any Information Provider warrants or represents that the Internet Services, the Information and the Reports are free from virus or other destructive features which may adversely affect the Customer's hardware, software or equipment. |
| 11.3 |
Unless Clause 12.2 applies or due to the gross negligence or willful default of the Bank, or their respective officers or employees and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely therefrom or the amount of the relevant transaction (whichever is less), the Bank does not assumes any liability or responsibility to the Customer or any other person for the consequences arising from or in connection with :
- use of the Internet Services and/or access to any information as a result of such use by the Customer or any other person whether or not authorised;
- any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Internet Services, in transmitting instructions or information relating to the Internet Services or in connecting with the Internet Site caused by any acts, omissions or circumstances beyond the reasonable control of the Bank including, without limitation, failure of any communication network, act or omission of any third party service providers, mechanical failure, power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities, or any law, rules, regulations, codes, directions, regulatory guidelines or government order (whether or not having the force of law); and
- transmission and/or storage of any information and/or data relating to the Customer, the Internet Services and/or transactions or dealings conducted by the Customer pursuant to the Internet Services through or in any system, equipment or instrument of any communication network provider.
- In no event shall the Bank, or any Information Provider be liable to the Customer or any other person for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of use, revenue, profits, savings or opportunity.
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- Liabilities of the Customer
| 12.1 |
Unless Clause 12.2 applies, the Customer shall be fully liable and responsible for all consequences arising from or in connection with use of the Internet Services and/or access to any Information or Report or any other information as a result of such use by the Customer or any other person whether or not authorised. |
| 12.2 |
Subject to Clause 5.4 and if, in the reasonable opinion of the Bank, there is no negligence, fraud or fault on the part of the Customer, the Customer shall not be liable for loss or misplacement of funds caused by unauthorised transactions conducted through the use of the Internet Services as a result of :
- a computer crime which should have been prevented by the risks control and management measures had the Bank adopted such measures in accordance with Clause 11.1;
- a human or system error of the Bank; or
- a missed or mis-directed payment caused by the gross negligence or willful default of the Bank, its officers or employees.
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| 12.3 |
The Customer shall indemnify the Bank, any Information Provider and their respective officers and employees against all liabilities, claims, demand, losses, damages, costs, charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) which may be incurred by any of them and all actions or proceedings which may be brought by or against any of them in connection with the provision of the Internet Services, the Information and/or the Reports or the exercise or preservation of the Bank's powers and rights under these Terms, unless due to the gross negligence or willful default of the Bank, any Information Provider or their respective officers or employees or unless Clause 12.2 applies. |
- Set-off and Lien
| 13.1 |
The Bank may, at any time and without notice, apply any credit balance in any currency on any Account of the Customer, whether in the name of the Customer or the Authorised User or in the names of the Customer or the Authorised User and any other person, in or towards satisfaction of any indebtedness owed by the Customer or the Authorised User to the Bank under these Terms in whatever capacity and whether actual or contingent or whether owed solely by the Customer or the Authorised User or by the Customer or the Authorised User and any other person. |
| 13.2 |
The Bank shall be entitled to exercise a lien over all property of the Customer which is in the possession or control of the Bank, for custody or any other reason and whether or not in the ordinary course of business, with power for the Bank to sell such property to satisfy such indebtedness owed by the Customer. |
- Amendments
| 14.1 |
The Bank may revise these Terms and/or introduce additional terms and conditions at any time and from time to time. Any revision and/or addition to these Terms shall become effective subject to the Bank giving reasonable notice to the Customer which may be given by posting it on the Internet Site or by display, advertisement or other means as the Bank thinks fit, and shall be binding on the Customer if the Customer continues to maintain or use the Internet Services on or after the effective date of variation. |
- Communication
| 15.1 |
The Bank shall be entitled to prescribe, from time to time, the form of notice (whether written or any other form) and the mode of communication with respect to each type of notice to be given pursuant to these Terms. |
| 15.2 |
Communications delivered personally, sent by post, facsimile transmission, telex or email shall be deemed to have been received by the Customer (where delivered personally) at the time of personal delivery or on leaving it at the address last notified in writing by the Customer to the Bank, (where sent by post) 48 hours after posting if such address is in the Hong Kong and seven days after posting if such address is outside Hong Kong or (where sent by facsimile transmission, telex or email) immediately after transmitting to the facsimile or telex number or email address last notified in writing by the Customer to the Bank. Communications sent by the Customer to the Bank shall be treated as delivered to the Bank on the day of actual receipt. |
- Severability
| 16.1 |
Each of the provisions of these Terms 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 or enforceability of the remaining provisions shall not be affected in any way. |
- Miscellaneous Provisions
| 17.1 |
Where the Account in question is a joint account, the reference in these Terms to ”Customer” shall be deemed to mean all and each of the joint account holders. All the Customers shall be bound by these Terms and be jointly and severally liable for all the transactions and dealings effected by using the Internet Services. |
| 17.2 |
No act, delay or omission by the Bank shall affect its rights, powers and remedies under these Terms or any further or other exercise of such rights, powers or remedies. The rights and remedies under these Terms are cumulative and not exclusive of the rights and remedies provided by law. |
- Governing Law and Jurisdiction
| 18.1 |
The Internet Services and these Terms shall be governed by and construed in accordance with the laws of Hong Kong. |
| 18.2 |
Each of the Bank and the Customer submits to the non-exclusive jurisdiction of the courts of Hong Kong but these Terms may be enforced in the courts of any competent jurisdiction. |
- Governing Version
| 19.1 |
The English version of these Terms shall prevail wherever there is a discrepancy between the English version and the Chinese version. |