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6.
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The User shall maintain a valid and activated Net Banking account with the Bank. The User shall be responsible for providing the Bank a valid and updated email address and/or Hong Kong mobile phone number through which the Bank may send notification messages to the User. The User undertakes to immediately notify the Bank through the means as may from time to time be prescribed by the Bank of any changes to the email address and/or Hong Kong mobile phone number provided to the Bank.
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7.
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To enable the User to use the Service, the User has to maintain the internet service provided by an internet service provider and have in hand appropriate telecommunications equipment and computer software capable of receiving and reading the e-Advices, e-Statements and, notification messages. It is the sole responsibility of the User to maintain the aforesaid and to bear all fees, charges and expenses in securing such services and facilities to receive the Service.
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8.
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The User's failure to perform the acts in clauses (6) and (7) above may result in the Bank's inability to provide the Service to the User, for which the Bank shall not be liable.
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9.
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The e-Statement/e-Advice will be provided in the User’s Net Banking account.
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10.
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Where an e-Statement/e-Advice is placed in the Net Banking account, the Bank has no obligation but may at its absolute discretion notify the User that the latest e-Statement/e-advice is available. The Bank may notify the User by sending a message to the User’s mobile phone number or email address (or both) on the Bank’s record. Such notification messages, will only be sent once by the Bank. Once the notification is sent, the proper notice shall be deemed to have been validly given by the Bank. It is the sole responsibility of the User to check the email and/or mobile phone regularly for such notification messages.
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11.
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Unless the Bank decides otherwise and subject to Clauses 12 and 13, where the Bank has provided an e-Statement/e-Advice to User in accordance with Clause 9, the Bank is not under any obligation to provide the corresponding statement / advice (as the case may be) in paper form to the User.
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12.
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The Bank may at its own discretion but is not obliged to provide, at the User’s request, the corresponding statement / advice in paper form after sending an e-Statement/e-Advice. The Bank has the right to charge a fee for providing the corresponding statement / advice in paper form to the User.
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13.
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The User agrees to carefully review, in a timely manner, all e-Statement/e-Advice provided to the User. The User is responsible for regularly checking the Net Banking account for e-Statement/e-Advice. The User agrees to advise the Bank promptly of any error, omission, discrepancy, unauthorized debit or irregularity in the entries or transactions shown in each e-Statement/e-Advice, whether caused by forged signature or other forgery, fraud, lack of authority or negligence of any person.
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14.
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The User should notify the Bank of any error, omission, discrepancy, unauthorized debit or irregularity shown in an e-Statement within 7 days after the Bank issues the e-Statement/e-Advice through the means set out in Clause 9 (where the e-Statement is a securities confirmation note) or within 90 days after the Bank issues it through the means set out in Clause 9 (where the e-Statement is consolidated statement or monthly statement of securities account or statement of securities account). If the Bank does not receive any such notice from the User within the specified period, (i) the e-Statement will be considered as correct, conclusive and binding on the User, and (ii) the User will be considered to have waived any right to raise any objection or pursue any remedies against the Bank in relation to that e-Statement.
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15.
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The User understands that an e-Statement/e-Advice placed in the Net Banking account will only be available for a limited period as determined by the Bank from time to time. It is the User’s own duty to download and save an electronic copy of the e-Statement/e-Advice on the User’s computer or other device or print a hard copy of the e-Statement/e-Advice for future reference before it is deleted from the Bank’s system.
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16.
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An e-Statement/e-Advice placed in the User’s Net Banking account will be considered as having been delivered to the User at the time it is placed in the User’s Net Banking account according to the Bank’s record.
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17.
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The Bank may retain third party(ies) to provide support for the Service, including telecommunications service provider(s) and/or other independent service provider(s). That person is not the Bank’s agent or nominee and the Bank has no co-operation, partnership, joint venture or other relationship with it. The Bank is not liable for any action, claim, loss, damage or liability of any nature which the User may suffer or incur arising from or in connection with any act or omission of such person.
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18.
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The User should not regard any information or communication contained in an e-Statement/e-Advice as an offer or solicitation to subscribe for any service or product in any jurisdiction where it is unlawful to make such offer or solicitation to the User in such jurisdiction.
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19.
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The User confirms that all information provided to the Bank for the purposes of or in connection with the Service is complete, accurate and up-to-date at all relevant times. The User agrees to notify the Bank promptly (by such means acceptable to the Bank) of any change in the information.
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20.
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Where an account is in the name of two or more persons, or a service or product is provided to two or more persons, by using (including enrolling in) the Service: (a) any of those persons may access the Service singly even if they have specified to the Bank a different signing arrangement for the account or service or product, and (b) each of those persons will be bound by these Terms and Conditions.
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