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This Terms apply to the E-banking services, including Online Banking service and Mobile Banking service, provided by Bank of Communications Co., Ltd. Macau Branch and serve as the general provisions on the instructions that customers give to the Bank on electronic services.
1. Definition and Interpretation
1.1 In this Terms, unless otherwise provided:
“Online banking service” means the E-Banking service that the Bank provides to customers via its website, by which a customer can, after inputting the E-banking username and password on the Bank’s website, perform the banking transactions or obtain the services of the Bank.
“Mobile Banking service” means the E-Banking service that the Bank provides to customers via mobile phones, by which a customer can download the Clients’ Program to the mobile phone and perform the banking transactions or obtain the services of the Bank after inputting the E-banking username and password.
“Agreement on Execution” means the signing arrangement of the relevant electronic service instructions or all other communications and documents which is listed in the agreement on the Bank’s provision of E-banking services, and the revised signing arrangement that is notified to the Bank in written form and accepted by the Bank.
“The Bank” means the Bank of Communications Co., Ltd. Macau Branch.
“This agreement” means the agreement that the customer executes for requesting the Bank to provide E-banking services.
“Business day” means the working days of the Bank, other than the holidays of the banks which are officially announced by Macau Association of Banks.
“Customers” means the persons who execute the E-banking services agreements with the Bank.
“Electronic input” means the electronic signals that are sent to the Bank through computer equipment and are received and recognized by the Bank’s computer system.
“Instructions” means the electronic instructions on the E-banking services.
“Electronic service instructions” means any instruction that is sent to the Bank via electronic input after the customer had complied with the provisions and programs as specified in Clause 4.3 hereof.
“E-Banking number” means the identification number that the Bank grants to customers for their application for E-banking services.
“E-Banking password” means any private identification number that the Bank grants to a customer for the application of E-banking services in order to perform the banking transactions or the number that a customer later reselects.
“Clearing account” means an account under the customer’s name, which in Macau Pataca or other country/region’s currencies as agreed by the Bank, shall be selected in terms of E-banking services. For the details of its usage, please refer to this agreement.
“Transaction” means that after a customer sends the electronic service instruction to the Bank, the instruction and the relevant banking services shall be executed or provided in a legal and reasonable way which is specified by the Bank from time to time or by absolute discretion.
“Two-factor authentication tool” means the electronic device or random password, which is provided for or specified by the Bank from time to time and/or provided by a third party certification organization upon the consent of the Bank, in order to authenticate the customer’s identity. The following electronic device or random password shall be considered as valid (but not only limited to this, and the Bank may provide for or specify from time to time the channel and the kind of services in which these can be used):
- “Dynamic password” means the password of random variation that is generated according to the customer’s private identity information and other uncertain factors which will be changed dynamically and unpredictably each time. The dynamic password is generated and sent by the electronic device which is provided for or specified by the Bank from time to time, and/or upon the consent of the bank, the dynamic password message shall be received through the mobile number as specified by the customer in the form of message.
“This Terms” means these terms and its revision in the future.
1.2 The title of each paragraph herein is for the convenience of reference only and shall not affect the bank’s interpretation to this Terms.
1.3 Unless otherwise provided in the context,
(a) the words in singular form also include the meaning of their plural form, and vice versa;
(b) the words referring to one gender also refer to the othergender;
(c) the words referring to persons also refer to all legal entities with or without legal personality.
1.4 This Terms is written in Chinese and English, and the English version is only for reference, in case of any inconsistency between the Chinese version and English version, the Chinese version shall prevail.
2. Scope of Services
2.1 The Bank may, from time to time and at any time, specify or re-specify the scope of transaction that is executable through the E-banking service instructions.
2.2 The Bank has the absolute discretion to, without giving a prior notice and any reason, refuse to execute any instruction or withdraw any transaction at any time that is executable through the E-banking service instruction; and if the Bank considered as appropriate, the Bank may withdraw or suspend any E-banking service or any part thereof that can be used through some individual recognized media.
2.3 The Bank has the absolute discretion at any time to accept a customer’s instruction to act as the agent thereof and perform the transaction with the third party on the behalf of the customer. In such case, the only liability of the Bank is to transfer or serve the instruction to the third party, and upon the transfer or service of the instruction, the Bank shall be deemed to have fulfilled all its obligations. For any act, dereliction of duty, omission, non-compliance, non-performance, delay, fraud or negligence of the third party, the Bank shall not bear any legal liability or other liabilities (including but not limited to the third party’s failure or delay in the execution of the instruction that is given by the Bank on behalf of the customer). The customer acknowledges and confirms that such transactions which performed by the Bank, as the agent thereof, with the third party, are governed by the terms and conditions which is applicable to the relevant transactions, and the customer authorizes and agrees with the Bank to, for the purpose of performing such transactions with the third party, disclose any information thereof to the third party.
2.4 The customer acknowledges that, the transactions performed through the E-banking service and/or the telephone financing instruction are the services provided by the Bank, and in case, due to any reason, the E-banking services or the media that may send instructions to the Bank or enable the Bank to receive instructions are suspended or cancelled, the customer shall not claim damages from the Bank and shall select other means to complete the transaction that he/she intends to perform.
2.5 The customer confirms that the financial investment transactions performed through electronic service instructions in respect of foreign exchange, gold and/or noble metal, funds and securities, etc. shall be subject to the relevant investment service agreements, which are executed or confirmed thereby with the Bank at the Bank’s counter and/or through any other channel, and meanwhile, the customrt shall fully understand the risk of such investment transactions and shall bear all the liabilities for the result of such investment transactions which are performed through electronic service instructions.
3. Terms of Any Particular Transaction
3.1 In addition to this Terms, when any transaction is performed through E-banking services, the transaction shall also be subjected to the terms which prescribed the relevant type of transaction. And the customer acknowledges that he/she will keep on abiding by and bound by such terms.
3.2 In case of any conflict between the terms which prescribed the relevant type of transcations and this Terms,
(a) if the specfic terms of the relevant type of transcation have provided forthe priority between such terms and this Terms, the relevant matters shall be handled according to such priority;
(b) if the specfic terms of the relevant type of transcation have not provided for the priority between such terms and this Terms, the specific terms shall prevail.
4. Use of E-banking Service Instructions
4.1 The customer shall apply for, install, obtain and maintain the appropriate device at his own expenses in order to use the E-banking services or (as the case may be) give the relevant instructions to the Bank.
4.2 With respect to the use of E-banking services through mobile communication system, the customer has registered/shall register with the relevant communication network supplier, and shall apply for the device that the Bank may specify. And the customer shall be fully liable for the arrangement between himself/herself and the communication network supplier.
4.3 All E-banking instructions shall be sent in accordance with the following provisions:
(a) the instructions can only be sent through the mobile communication system, or equipment or computers or other devices that the Bank recognizes for the use E-banking services; and
(b) in light of the request of the Bank (such request may be sent in the form of electronic video, digital sound or other electronic forms, as the case may be), the customer shall input in an electronic way:
(i)his E-Banking number or E-banking username; and
(ii)his E-Banking password or login password for relevant E-banking services; and/or
(iii)any other information relating to the customer’s identity (including but not limited to the customer’s name, ID card number, etc.); and
(c) In light of the request of the Bank (the forms of the request are the same as the above), the customer shall select the transaction he/she intends to perform and shall provide or input the information and details that the Bank needs.
4.4 Unless specifically agreed by the Bank, any change, modification or cancellation of the E-banking service instructions that has been sent through the mobile communication system shall be sent through the same mobile communication system. And the customer is aware that the Bank may adopt other medium to communicate with the customer for the transaction performed through the mobile communication system.
4.5 Without prejudice to the Bank’s right to refuse any instruction as specified in Clause 2.2, all instructions which are sent in accordance with Clause 4.3 shall become irrevocable, final and binding on the customer, regardless of such instruction is sent by the customer or by any other person (no matter such person has been authorized or not) on behalf of the customer.
5. Acceptance and Execution of the Instructions
5.1 For any instruction, upon the Bank receives the information under Clause 4.3 hereof, the Bank shall be entitled to deem the instruction arose therefrom is sent by the customer. And the customer shall be liable for all the transactions which performed in light of such instruction and all the debts incurred therefrom.
5.2 Unless otherwise agreed, the Bank will only accept or executes the instructions relating to the transactions. However, in case the Bank accepts or execute the instructions relating to other arrangements, such instructions and the arrangements executed in light of such instruction shall be binding on the customer.
5.3 Only when the Bank decides to absolutely accept some particular type of transaction and the instruction thereon is sent to the Bank within the time limit as prescribed, such instruction will be accepted and executed by the Bank.
5.4 The customer is aware that there may be error, delay or incomplete information during transmission, and the customer acknowledges that the Bank’s books and records will be the conclusive certification of the relevant particular transaction unless any obvious mistake exists.
5.5 The customer undertakes to verify whether the particular transaction has become effective or not, and declares that he/she is understand some transactions may be automatically rejected due to the setting of the system and the customer will bear the risks arose therefrom.
5.6 Notwithstanding there is any contrary provision in the terms of the particular transaction which shall be performed, the Bank is entitled to give any order or enter into or execute any arrangement or keep accounts in order to execute any instruction, without ascertaining in advance: i) whether there is sufficient capital or credit balance arranged in advance in the account which is specified by the customer; and/or ii) Whether there is sufficient items in the customer’s account that shall be used for the execution of the instruction.
5.7 In case there is insufficient capital or credit balance arranged in advance or insufficient items in the account which is specified by the customer to execute the transaction, the Bank may refuse to accept or execute the instruction. And in case the bank fails to execute any instruction due to such reason, the Bank shall not be liable for any consequence resulted thereof.
5.8 Notwithstanding the insufficiency of capital or credit balance arranged in advance or budget in the account which is specified by the customer, and regardless of any contrary provision in any terms or accomodations of the particular transaction which shall be performed, the Bank has the absolute discretion to accept and execute the instruction without notifying the customer in advance or obtaining the consent thereof. The customer shall be liable for all the debit balance or overdraft, advance or credit (or any other addition) and all the relevant standard charges of the Bank thereby. Such debts and the corresponding interests shall be repaid and paid when required by the bank. The interest will be calculated from the date when the relevant instruction is executed to the date when the debt is actually repaid (both days are inclusive), and the applicable interest rate (no matter before or after the judgment) shall be determined by the Bank prior to the arrangement of overdraft.
5.9 In case of the existence of any debt under Clause 5.8 herein, the Bank will be entitled (but not liable) to, without notifying the customer, enter into other transactions at the time and price that the Bank deems necessary (without any liability to obtain the best price) to offset or cancel the transactions executed in light of the instruction. Any loss, damage, debt or expense incurred thereby shall be borne by the customer and deducted by the Bank from any account of the customer at the Bank’s discretion. However, the profit shall be absolutely vested in the Bank and reserved by the bank for its own use and benefit. The written certification that issued by the Bank for such loss, damage, debt or expense will be conclusive and binding on the customer.
5.10 Without prejudice to Clause 5.3 herein, notwithstanding the Bank receives any instruction and forthwith executes the instruction at any time other than the normal banking hours in Macau Special Administrative Region, at the bank’s discretion, the transaction forthwith performed in light of such transaction may be considered as effective on the following day and/or days.
5.11 For the transactions by which the customer transfer a certain amount of money from the relevant account through the E-banking service instructions,, the bank will bear no liability in case the receiving bank refuses or delays in transferring such money to the recipient due to any reason.
6. Notice and Conclusive Evidence
6.1
(a) Unless otherwise determined by the Bank, the Bank will not send any notice relating to the transaction executed in light of the E-banking instruction (“E-banking instruction”). In case the bank decides to, for certain E-banking transactions which involve the deposit and/or withdrawal in the account that the Bank performs in light of the E-banking instruction, send the notices specifying such E-banking transactions to the customer, such notices will be sent by the Bank to the customer monthly or periodically for the customer’s archiving; or upon the request of the customer, such notices will be kept in the bank until the customer collects them, in such case the notices shall be deemed to have sent to the customer; or such notices can, in light of the “Terms of electronic statement service”, be accessed or downloaded in the website by the customer .
(b) In case the customer has given the relevant E-banking instruction within any period of issuing the E-banking service notice i, and the bank has specifically determined to send the notices specifying such E-banking transactions while the customer fails to receive such notices within the appropriate time, the customer understand that he/she shall notify the Bank in an appropriate way. And the customer also understand that for the notice which is kept by the Bank for collection upon his/her request or for the notice which is sent in the form of electronic statement, he/she shall be deemed to have received the relevant notice and/or statement.
(c) The customer shall be liable to check and verify the content of the notice, and should notify the Bank of any mistake, omission or disagreement in the statement and/or notice within 90 days after the relevant statement and/or notice is sent or within the time which is agreed by and between the customer and the Bank or within the appropriate time as prescribed by the Bank. Otherwise, even if the customer does not have the opportunity to verify the statement of account or bankbook related to the electronic transaction within such period (as the case may be), the customer shall be deemed to have confirmed with the content of the statement and/or notice.
(d) In case the customer requests that the Bank not to send him/her the notice of the E-banking transaction, and such request is accepted by the Bank, the customer shall be liable to verify the online transaction records in the relevant statement of account or bankbook (as the case may be).
(e) In case the customer requests the Bank to keep the notice, a time limit (the bank may, from time to time and at any time, modify such time limit without notifying the customer in advance) shall be fixed, and if the customer fails to collect the notice beyond such time limit, the Bank will be entitled to dispose of such notice at its own discretion without notifying the customer in advance.
(f) If the customer applies for the “Electronic statement service”, the customer shall be deemed to have agreed to the “Terms of Electronic statement service”, therefore, when a customer applies for the notice or statement of electronic transactions related to “Electronic statement service”, the customer will be bound by both of this Terms and the “Terms of Electronic statement service terms”. In such case, if there is any conflict between the provisions or rules (if any) related to this Terms and the “Terms of Electronic statement service”, the “Terms of Electronic statement service” shall prevail.
6.2 The Bank is hereby authorized to, with respect to the relevant transactions which are executed under the E-banking service instructions, make the independent records in the account as specified by the customer.
6.3 The customer acknowledges that all instructions may be recorded. Any instruction and/or the bank account book and record for the execution of the instructions (other than those with any obvious mistake) will be the conclusive evidence to the customer in all courts and aspects.
7. Profit from the Execution of Transactions under E-banking Service Instruction
7.1 Unless otherwise agreed by the Bank, the profit of any transaction performed through the E-banking service instructions which is payable to the customer , will only be credited into the account opened in the name of the customer or deposited in the bank in the name of the customer.
7.2 In case the Bank receives any doubt, claim or dispute related to the payable profit of the transaction (regardless of the existence of sufficient reason), the Bank may (but not liable) have the absolute discretion to refuse to accept or execute any withdrawal and/or disposal of the transaction profit, until the dispute or doubt has been clarified to the satisfaction of the bank.
8.Restriction to the Transaction under E-banking Service Instruction
8.1 The Bank may, from time to time and at any time, notify the customer in advance, provide for the upper and/or lower daily/individual transaction amount and/or personal transaction limit with respect to the amount, quantity or currency of the transactions executed through the E-banking service instructions,, and the restriction to any transaction can only be waived or modified under the condition that the Bank deems appropriate.
8.2 Unless otherwise agreed by the bank, the instruction is only limited to the instruction of transaction performed or executed between and among the different accounts in the name of the same customer (except for the instruction on consulting the financial information).
8.3 The customer hereby agrees and acknowledges that, any E-banking service arrangement involved in the payment between different accounts (no matter such account belongs to the customer or any third party), will only be accepted until it is approved by the Bank, and the arrangement must comply with the daily transfer or withdrawal limit and procedures that the Bank determines from time to time. For the avoidance of doubt, if the Bank approves a lower daily limit for the account of any third party, such limit (instead of the limit that the bank provides) shall prevail.
8.4 The customer acknowledges that, the E-banking services are operated under the digital system, if the customer’s instruction to the Bank involves the payment between different accounts, the bank may perform in light of the account number that the customer provides through electronic input and shall has no liability to verify whether the account number corresponds to the name of the account holder.
9. E-Banking Password and Identity Authentication
9.1 The customer hereby undertakes to keep the E-Banking password confidential.
9.2 The customer acknowledges that, the Bank may send the E-Banking password to him/her in person at the bank, or send the password in other forms as determined by the bank. For the E-banking services, at the bank’s discretion, it is possible that the customer may have to re-select the new E-Banking password prior to the performance of other transactions.
9.3 In case the customer loses the E-Banking password or confirms or doubts that the E-Banking password is used without authorization, he/she shall forthwith send the written notice to the Bank and execute the relevant document properly in accordance with the agreement on execution. Prior to the B receiving such notice, all the transactions executed under the E-banking service instructions, through electronic input or oral statement of relevant E-Banking password shall be deemed to be performed by the customer.
9.4 The customer hereby acknowledges that the E-Banking password may be probably used by the unauthorized persons or used for the unauthorized purposes, and agrees that, he/she will fully bear the risks.
9.5 The customer hereby acknowledges that, for the two-factor authentication tool provided by the Bank, he/she shall go to the bank in person to execute the application for the use of the two-factor authentication tool and abide by the relevant provisions hereof. For the E-banking services, at the bank’s discretion, it is possible that the customer may have to operate the relevant two-factor authentication tools and/or receive the dynamic password and/or input the dynamic password electronically when performing the transaction thus the bank shall be able to authenticate the identity of the customer. The use of such electronic device or dynamic password shall be subject to the consent of the bank, and the bank has the absolute discretion to cancel or suspend the use of such electronic device or dynamic password at any time.
9.6 The customer hereby acknowledges that he/she will properly take care of the two-factor authentication tool, dynamic password and/or relevant electronic device in order to avoid the use by unauthorized persons or the use for unauthorized purposes, and agrees that he/she will fully bear the risks and liabilities incurred thereby.
10. Information
10.1 During the performance of the transaction, all the information provided by the Bank (including but not limited to the exchange rate, interest rate and market price of securities and noble metal) are only for reference, and unless the customer confirms the transaction within the time prescribed, such information will not be binding on the Bank.
10.2 The customer agrees and acknowledges that the information of the stock price for securities is provided by the Bank or other information providers which are selected by the Bank. Although the Bank and the Hong Kong Exchanges and Clearing Limited and/or other information providers will make the best effort to guarantee the accuracy and reliability of the information provided, the Bank and the Hong Kong Exchanges and Clearing Limited and/or other information providers do not guarantee the accuracy and reliability thereof, and shall not bear any liability for the loss suffered by the customer sustains due to the inaccuracy or omission of information.
11. Service Charges
11.1 The Bank is entitled to charge the customer for its provision of E-banking services and handling of the treatment instructions. The Bank may, at its own discretion and at any time, amend such charges. The customer hereby authorizes the Bank to deduct such charges from his clearing account and other accounts that the customer opens in the Bank.
11.2 The Bank is entitled to receive all the profits, rebates, commissions, expenses, interests or other benefits (if any),which arose or related to the E-banking service instructions provided by the Bank and the transactions performed in light of such instructions for its own use and benefit.
12. The Bank’s Liability
12.1 The Bank shall not be liable for any loss or damage suffered by the customer or any other person due to the following reasons:
(a) the cancellation of the provision of E-banking services or any instruction thereof; and/or
(b) the withdrawl or suspension of any transaction which can be performed through the E-banking service instructions, or the failure of the performance or execution of any instruction which are directly or indirectly caused by any circumstances or event beyond the control of the Bank; and/or
(c) any mechanical, electronic or other failure, malfunction, interruption, deviation or insufficiency, or improper transmission of any instruction or any mistakes in the execution of any instruction regarding the Bank’s telecommunication or computer system or other equipment or devices (except for the negligence or willful misconduct the Bank’s authorized employee), thereby incurred any delay, loss (including the profit loss or any economic loss), expenses or damages, etc. to the customer.
(d) any delay, interruption or suspension, etc., which is caused by any third party (including but not limited to the service provider or equipment supplier) leads to, and leads to the interference, influence and disturbance of the Bank’s performance in respect of the obligations hereunder.
13. Customer’s Liability for Compensation
13.1 With respect to all losses, compensations, expenditures (the lawyer fee or others .), lawsuits, demands, claims and proceedings (if any),which the bank suffers or incurred due the provision of the E-banking services to the customer from the Bank or the completion of the transaction under the E-banking service instructions, the customer shall compensate the Bank therefor. And the customer shall, upon the request of the Bank, pay the Bank (whose decision is conclusive and binding on the customer) for all the amount that the Bank suffers or incurred by the customer(if any), together with the accumulated interest, which is calculated from the date when the Bank makes the first payment or the date when the amount incurred until the date when the customer makes the actual payment in full. And the applicable interest rate (no matter before or after the judgment) shall be determined by the Bank prior to the arrangement of overdraft.
14. Notice
14.1 The bank may send notices or other communications to the customer in oral, written or electronic signal form or by publishing advertisement in the newspapers or in any other way that the Bank deems appropriate.
14.2 When any employee or agent of the Bank informs the customer in person or sends an oral notice by telephone to the customer or to any person who is a member of the customer or any authorized person (as the case may be), , the oral notice shall be deemed to have been formally sent to the customer and have been received by the customer.
14.3 The written notice or communication shall be deemed to have been served and received by the customer:
(a)at delivery, if the notice or communication is sent by hand;
(b)48 hours after being posted, if the notice or communication is sent by post (or seven days after being posted, if the customer’s address is outside Macau Special Administrative Region);
(c)at dispatch, if the notice or communication is sent by fax;
(d)at dispatch, if the notice or communication is sent by other electronic means.
14.4 Any written notice or communication that the Bank sends to the customer shall be deemed to have been effectively served to the customer after being sent in light of the address or fax No. from the last record of the customer in the Bank.
14.5 If the customer is composed of two or more persons, any written notice or other communication shall be deemed to have been effectively served to the customer, when it is sent to the address from the last record of the customer in the Bank, or the last known address of any person who composes the customer.
14.6 Besides the ways of sending notices as specified in Clause 14.1, all the notices or announcements of the bank shall be deemed to have been effectively served to the customer after they are posted or displayed for three consecutive business days in the hall of the Bank’s branch or the sub-branch which the Bank has the absolute discretion to choose.
14.7 Any notices or communications that the customer sends to the Bank shall be in written form and properly executed in light of the agreement on execution. The receiving address of such notices shall be the principal business place of the Bank or its branch or sub-branch in Macau Special Administrative Region, which the Bank has selected as the post address and notified the customer, and such notices shall be served thereto. And furthermore, the notice will not be deemed to have been served until it is actually received by the Bank.
15. Miscellaneous
15.1 If the customer is composed of two or more persons, such persons shall bear the common and joint and several liabilities hereunder.
15.2 Any term and provision hereunder is severable and independent from other terms and provisions. In case at any time one or more terms or provisions become(s) invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms or provisions will not be influenced or prejudiced thereby.
16. Modification of These Terms
16.1 The bank may modify the content hereof at any time, and the way and scope of modification shall be determined from time to time by the bank at its absolute discretion. The notice on modification sent out in accordance with Clause 14 hereof shall be deemed to have been effectively sent to the customer. Any and all modifications that the bank makes to the terms shall, upon being notified to the customer, be deemed to immediately become effective and be binding on the customer.
17. Applicable Law and Jurisdiction
17.1 These terms were entered into and will be interpreted in accordance with the law of Macau Special Administrative Region. During the performance hereof, in case of any dispute, such dispute shall be settled by the Parties hereto through friendly consultation, and if thereby no agreement can be reached, either Party hereto may submit such dispute to the court of Macau Special Administrative Region for judgment and determination.
Macau Branch Bank of Communications Co., Ltd.(Incorporated in the Republic of China) 2016 Copyright
Avenida Comercial de Macau, AIA Tower, 16th Floor, 251-301
Email:EAD@bankcomm.com.mo
Service Hotline:00853-880 95559