Teams and Conditions for BOC Card

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Terms and Conditions for BOC Card

1.	Definition and Interpretation

1.1	In these terms and conditions, unless the context otherwise requires:-

	"Account" means, in relation to the Customer, any account held by the Customer with the Bank in respect of which the Customer has nominated to be accessible by use of the Card and the nomination has been accepted by the Bank.

	"ATM" means any automatic teller machine in operation in the JETCO, PLUS and/or CIRRUS Networks and such other Networks as from time to time announced by the Bank.

	"ATM Services" means the combination of any one or a combination of, or all of the following services obtainable by the use of a Card at or through an ATM:-

	(a)	the withdrawal of cash from any Account;

	(b)	deposits of cash or cheques for credit to any Account (at ATMs designated by the Bank);

	(c)	enquiries as to debit/credit balances on any Account;

	(d)	request for statement of any Account;

	(e)	request for new cheque books in respect of any cheque Account;

	(f)	transfers of available credit balances or amounts available on agreed overdraft between Accounts or to other account;

	(g)	purchase of gift vouchers; and

	(h)	such other services as the Bank may from time to time introduce.

	"Bank" means the bank to whom the application is made by the Customer for ATM facilities.

	"Business Day" means any day on which banks in HKSAR are open for business.

	"Card" means any card issued by the Bank at the request and in the name of the person named upon it for use in connection with the ATM Services.

	"Customer" means the person who has completed the prescribed application form for use of ATM facilities and to whom the Card has been issued.

	"HKSAR" means the Hong Kong Special Administrative Region of the People's Republic of China.

	"Instruction" means any transaction instruction given by using a Card.

	"Network" means such network from time to time designated by the Bank for the provision of ATM Services.

	"PIN" means, in relation to a Card, any identification number(s) or code(s) designated by the Bank and/or any identification number(s) or code(s) selected by the Customer which allows the Customer access to ATM a Services with the use of the relevant Card.

1.2	Headings are inserted in these terms and conditions for convenience of reference only and shall not affect the construction of the provisions of these terms and conditions.

1.3	Unless the context otherwise requires:

	(a)	words denoting the singular include the plural and vice versa;

	(b)	words importing a gender include every gender;

	(c)	the word "person" includes any individual, company, firm, partnership, joint venture, association, sole proprietorship or other incorporated or unincorporated entity.

1.4	The word "use" in relation to the Card shall include the access to ATM Services at such terminals or devices which the Bank may from time to time introduce, with or without presentation and/or use of the Card and by means of such identification codes or such other operational arrangement acceptable to the Bank.

2.	ATM Services

2.1	The Customer is entitled, at the discretion of the Bank, to have access to the ATM Services. Unless the context otherwise provides, these terms and conditions shall not affect any term and condition governing any Account.

2.2	A Card can be used on (a) any ATM installed by, belonging to or designated by the Bank; and (b) any other terminals or devices for effecting payment or transfer of funds by electronic or other means, including but not limited to point of sale terminals from time to time nominated by the Bank.

2.3	Access to the withdrawal or transfer functions of ATM Services would only be permitted if there are sufficient funds in the Account. If withdrawal or transfer is made without sufficient funds in the Account, the Customer shall repay to the Bank immediately on demand such amount overdrawn or over-transferred together with interest at the rate chargeable by the Bank from time to time on unarranged overdraft accounts with the Bank. The interest rate applicable to unauthorized overdraft is specified in any schedule of charges and/or interest published by the Bank from time to time and made available to the Customer at any time upon request.

2.4	The Bank shall be entitled from time to time to impose any limit whether in amount or otherwise on the use of any Card.

2.5	Cash and/or cheque in HKSAR currency may be deposited with the Bank by the use of the ATM. Deposit in coins at the ATM is not allowed.

2.6	All deposits with the ATM, whether by way of cash or cheque, are subject to verification by the Bank. Such verification may not take place on the same day of the deposit. The determination of the Bank upon verification shall be conclusive and binding on the Customer irrespective of what the Customer has purportedly deposited with the Bank. Without prejudice to the conclusiveness of the determination by the Bank as aforesaid, in the case where the Bank is aware of any discrepancy between such determination and what the Customer alleges to have deposited, the Bank will notify the Customer of such discrepancy as soon as practicable.

2.7	The Customer may only withdraw or utilize the cash deposit placed through ATM after the Bank has duly verified it under Clause 2.6 and credited the same to the Account. Cheques deposited with ATM will only be accepted for collection after they have been verified by the Bank under Clause 2.6. The proceeds of the cheques will not be available to the Customer until the cheques have been duly cleared.

2.8	The customer advice issued (if any) by the ATM at the time of the deposit represents only what the Customer has purportedly deposited with the Bank by the use of the ATM and shall in no way and under no circumstances be binding on the Bank.

2.9	Notwithstanding that Instructions may be received by the Bank outside the normal banking hours in HKSAR and be carried out immediately, the relevant transaction effected immediately pursuant to the Instruction may be deemed to take effect on next succeeding day if the Bank so determines.

2.10	For transfer of fund out of any Account by ATM, the Bank shall accept no responsibility or liability if the receiving bank refuses to make or delays in making the transferred fund available to the intended transferee for whatever reason.

3.	Transferability of Card

3.1	A Card shall only and exclusively be used by the Customer and is not transferable.

4.	Responsibility for Proper Use of Card and PIN

4.1	The Customer is responsible for the proper use of any Card and the related PIN and shall take reasonable steps to keep such Card secure and confidential and shall not allow any unauthorized person to have access to such Card or PIN.

4.2	The Customer shall not use or allow the use of any Card in any illegal activity or any arrangement that is contrary or prohibited by law.

4.3	The Customer acknowledges that the Bank has no record of any PIN re-selected by the Customer.

4.4	Upon knowing or believing that there is a loss or theft of any Card or a loss or any actual or possible unauthorized use or disclosure of the related PIN, the Customer shall notify the Bank as soon as reasonably practicable in writing or by calling the Bank𠏋 designated telephone hot-line for reporting such incidence as notified to the Customer from time to time. In the event of receiving any such report, whether in writing or through telephone, the Bank shall be entitled to take such action as it may think fit if the Bank accepts in good faith that such report is proper or genuine.

4.5	In the event of loss or theft of any Card, the Bank may, at its absolute discretion, issue a replacement Card at the request of the Customer on such terms and conditions as it deems fit. If the Customer relocates such Card which was previously reported lost, he shall not use such Card unless and until he has obtained the prior approval of the Bank.

4.6	The Customer hereby acknowledges that there are risks for the PIN and/or the related Card being used by unauthorized persons or for unauthorized purposes and agrees to be responsible for all or any of the losses arising therefrom, except for those losses set out in Clause 7 below and/or arising from the unauthorized transactions set out in Clause 18.2 below.

5.	Debiting the Account

5.1	The Customer hereby irrevocably authorizes the Bank to debit (without any prior notice to the Customer) the Account with the Bank the amount of any withdrawal, transfer and/or transaction involving the use of the related Card whether or not made with his knowledge or authorization.

6.	No Right to Credit or Overdraft

6.1	These terms and conditions do not entitle the Customer to any right of credit and overdraft.

7.	Liability for Loss

7.1	Notwithstanding anything herein contained to the contrary the Bank will bear the full loss incurred:

	(a)	in the event of misuse of any Card when the Card has been issued but has not been received by the Customer;

	(b)	for all transactions that are not authorized by the Customer after the Bank has been notified of the relevant Card or the applicable PIN being lost or stolen or being disclosed to any unauthorized person in accordance with Clause 4.4 above;

	(c)	when faults have occurred in the terminals, or other systems used, which cause direct loss to the Customer, unless the fault was obvious or advised by a message or notice on display; and

	(d)	when transactions are made through the use of counterfeit cards.

7.2	Where the Bank is a party to a shared electronic system, the Bank will not avoid liability to the Customer (if any) on the ground that the loss arising from the use of any Card is caused or contributed by another party to such shared electronic system.

7.3	Except for those losses set out in Clause 7.1 above and/or arising from the unauthorized transactions set out in Clause 18.2 below, the Bank shall not be liable for any loss or damage suffered by the Customer or any person as a result of any Instructions, whether or not given or authorized by the Customer. In particular, but without limitation, the Customer will be liable for all losses if the Customer has acted fraudulently or with gross negligence or has otherwise failed to perform his obligations under Clauses 4.1, 4.2 and/or 4.4 above.

7.4	In the event that the Bank is liable to the Customer under the provisions herein, the Bank’s liability shall be limited to those amounts wrongly charged to the Customer’s Accounts and any interest thereon.

8.	Malfunctioning of Card, ATM, etc.

8.1	The Bank shall not be responsible for any delay arising from the failure or malfunction of any Card or related device. In the event of damage or malfunction of any Card which result otherwise than from the Customer's misuse, on compliance of such terms as the Bank may specify, the Bank may issue a new or replacement Card to the Customer.

8.2	The Bank shall not be responsible for any consequences if the transaction involving the use of any Card is not honoured or operative for any reason whatsoever or if there is any malfunctioning and/or failure of the ATM, terminals or devices which permits access to the ATM Services.

8.3	If any Card is cancelled, suspended or disabled for whatever reason, the Account relating to such Card shall remain operative and available for operations through other applicable means.

9.	The Bank not liable for Third Party's acts

9.1	The Bank shall not be liable for any act or omission of any third party merchant, shop or establishment or any merchandise purchased or services received by the Customer from such merchant, shop or establishment with the use of any Card including, without limitation, any refusal to honour or accept any Card or any statement or other communication by such merchant, shop or establishment or any dispute, defect or deficiency in any goods or services supplied by any of them. The Customer shall handle and resolve all claims or dispute 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 by use of any Card.

10.	Transaction in Foreign Currency

10.1	For transaction by ATM Services in any currency (“Transaction Currency”) other than the currency of the relevant Account (“Account Currency”), the Bank shall be entitled to convert such Transaction Currency into the Account Currency at such exchange rate(s) as absolutely determined by the Bank at the time of the transaction without reference or consent of the Customer. Without prejudice to the generality of the foregoing, where any withdrawal is made by ATM Services in any currency (the “Withdrawal Currency”) other than the Account Currency of the relevant Account, the Bank may, without prior consent of or notice to the Customer, debit the Account with such amount denominated in the Account Currency as is equivalent to the withdrawn amount in the Withdrawal Currency, after making a nominal conversion at such applicable exchange rate as determined by the Bank absolutely at the time of debit.

11.	Disclosure of Information

11.1	Without prejudice to the generality of any other provisions (if any) to the use and/or in relation to disclosure of information concerning the Account and/or the Customer, the Bank shall be entitled, without the consent of or notice to the Customer, to disclose to any member of any Network and/or any other institutions such information concerning the Account of the Customer as the Bank may deem necessary or appropriate arising out of or in connection with the use of any Card.

12.	Cancellation of Card

12.1	The Bank reserves the right at all times, at its absolute discretion, to cancel or terminate the use of any Card upon 30-day prior written notice to the Customer.

13.	Fees and Charges

13.1	The Bank may impose such fees, charges and/or commissions for the operation or maintenance of the Account with the Bank or for the provision or maintenance of the services by the Bank hereunder at such standard rate as specified in any schedule of fees published by the Bank from time to time, provided that the Bank may vary the amount of fees or their basis of calculation upon 30 days' prior notice to the Customer displayed or posted on the Bank's banking halls. Such schedule of fees shall be made available to the Customer at any time upon requests. Any fees, charges and/or commissions so imposed by the Bank shall be payable by the Customer on demand.

13.2	The Bank may impose fees/charges for the use and/or replacement of any Card and/or in relation to any transaction involving the use of any Card or ATM Services at the rate(s) specified on any schedule of fees published by the Bank from time to time. The Bank shall be entitled to debit the fees and charges from any of the Account(s).

13.3	The Customer hereby authorizes the Bank (without prior notice or reference to the Customer) to deduct such fees, charges and/or commission from any one or more of the Accounts.

14.	Joint Account

14.1	If the Customer consists of two or more persons, the following provisions shall apply:-

	(a)	the obligations and liabilities of such persons under these terms and conditions or in connection with any transaction or contract made under these terms and conditions shall be joint and several and any demand made by the Bank to any one or more of the Customer so jointly and severally liable shall be deemed to be demand made to all such persons constituting the Customer;

	(b)	the Bank is at liberty to release or discharge any one or more of the persons constituting the Customer from liability under these terms and conditions or to compound with, accept compositions from or make any other arrangements with any of such persons without in consequence releasing or discharging one or more person(s) constituting the Customer from these terms and conditions or otherwise prejudicing or affecting the Bank's rights and remedies against the other person(s);

	(c)	all instructions and transactions relating to any Account in the event of the death of any one or more of the persons constituting the Customer shall be subject to any claim or objection of the Estate Duty Commissioner or any other relevant authority and shall be without prejudice to any right which the Bank may have arising out of any lien, charge, pledge, set-off, claim, counterclaim or otherwise whatsoever or any step or legal proceedings which the Bank may in its absolute discretion deems desirable to take in view of any claim by any person other than the survivor(s) of them or the executors or administrators of the deceased;

	(d)	subject to paragraph (c) above, the Bank shall hold on the death of any of the persons constituting the Customer all credit balance or balances, securities and property(ies) in all the accounts and all moneys due by the Bank to the Customer under any transactions and services to the order of the survivor(s) of the Customer or (in the case of death of all the persons constituting the Customer, the executor(s) or administrator(s) of the last survivor of the Customer) and any payment by the Bank as above shall be an absolute full and conclusive discharge to the Bank as against the Customer (including the deceased and his/her estate and successor) provided that the Bank may require the production of documentary proof of the death and/or the relevant legal grant to the estate of the deceased; and

	(e)	the Bank's set off right hereunder may be exercised against any one or more of such persons such that money, property or proceeds otherwise payable to the Customer may be applied by the Bank in or towards the satisfaction of any obligations or liabilities owing to the Bank by any one or more (albeit not all) of the persons comprising the Customer.

15.	Instruction

15.1	Any instruction from the Customer shall be given in the manner or pursuant to the arrangement(s) as from time to time agreed and accepted by the Bank. Without prejudice to the Bank’s right to refuse to accept the instruction under these terms and conditions, the Bank shall be entitled not to accept the instruction not so given, except where the Bank otherwise agrees.

16.	Notice

16.1	Any notice or other communication to the Customer under these terms and conditions may be given by the Bank to the Customer orally, or in writing. Written notice to the Customer may be by letter, by way of advertisement in the newspaper or posting notices in banking halls or through such other means as the Bank deems fit.

16.2	Oral notice or communication shall be deemed to have duly given to and received by the Customer when any officer or agent acting for the Bank verbally notifies, whether in person or through the telephone, the Customer or, as the case may be, any individual comprising the Customer.

16.3	Subject to the provisions in Clause 16.5 below, written notice or communication shall be deemed to have been duly sent to and received by the Customer: (a) if delivered personally, at the time of such delivery; (b) if sent by letter postage prepaid, forty-eight hours after posting (for Customer with an address outside HKSAR, 7 days after posting); (c) if sent by facsimile, at the time of despatch; (d) if sent by cable, twenty-four hours after despatch; and (e) if sent by any other telecommunication means, at the time of despatch.

16.4	Subject to the provisions in Clause 16.5 below, any written notice or communication from the Bank to the Customer shall be deemed duly sent to the Customer at the address or facsimile number or e-mail address of the Customer last known to the Bank.

16.5	All written notices and announcements by the Bank shall be deemed duly made and effectively communicated to the Customer (a) if published on newspaper, on the third Business Day after such publishing; and (b) if displayed at banking hall of the main office of the Bank or such of its branches/offices as the Bank may in its absolute discretion determine, when it has been so displayed for three (3) consecutive Business Days.

16.6	If the Customer shall consist of more than one person, any written notice, or other written communication to be sent to any one person comprising the Customer at the last known address, facsimile number or e-mail address of such individual shall be deemed effectively sent to the Customer.

16.7	Any notice or communication from the Customer to the Bank shall be in writing. Such notice shall be addressed and delivered to the Bank at its principal place of business or such other branches or offices in HKSAR for the time being selected by the Bank and notified to the Customer and shall be deemed to have been received only upon actual receipt by the Bank.

17.	Records Conclusive

17.1	The books and records of the Bank (including but not limited to any tape recording and any handwritten information recorded by the Bank's staff in the course of their dealing with the Customer) shall be conclusive and binding on the Customer, save for manifest error, for all purposes and in all courts of law.

18.	Advice, Statement, Confirmation and Certificate Conclusive

18.1	The Customer shall have a duty to examine and verify the correctness of each and every entry in any advice, statement, confirmation or certificate issued by the Bank to the Customer regarding any transactions and/or other incidental matters thereto and to notify the Bank immediately in writing of any entry which the Customer considers wrongful, irregular and/or unauthorized. Unless the Bank shall have received such notice within 90 days of the date of issuance of the advice, statement, confirmation or certificate containing the entry concerned, the Customer shall not be entitled to dispute any transaction and/or entry recorded in the advice, statement, confirmation and/or certificate on whatever grounds (in particular, but without limitation, on the ground of the transaction and/or entry being carried out or made without the authorization of the Customer) provided always that the Bank shall have the absolute right (but not bound) at any time to rectify any erroneous entry.

18.2	Nothing in Clause 18.1 or contained herein shall affect the Customer's right of recourse in relation to :-

	(a)	unauthorized transactions arising from forgery or fraud by any third party including any employee, agent or servant of the Customer and in relation to which the Bank has failed to exercise reasonable care and skill;

	(b)	unauthorized transactions arising from forgery or fraud by any employee, agent or servant of the Bank; or

	(c)	other unauthorized transactions arising from the wilful default or negligence on the part of the Bank or any its employees, agents, or servants.

19.	Clauses Severable

19.1	Each of the clauses and provisions of these terms and conditions is severable and distinct from the others and if at any time one or more of such clauses or provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.

20.	Force Majeure

20.1	Neither the Bank nor the Customer shall be liable for any loss sustained by the other, directly or indirectly, if either is prevented from acting as a direct or indirect result of governmental restrictions, the imposition of emergency procedures or suspension of trading by any relevant market, civil disorder, act or threatened act of terrorism, natural disaster, war, strike or other circumstances beyond the party's control.

21.	Personal Data

21.1	The Customer acknowledges and agrees that he has noted and will note the content of a notice relating to the Personal Data (Privacy) Ordinance issued by the Bank (the "Notice", including the same as from time to time may be updated or varied by the Bank) and on display in the Bank's banking halls or otherwise made available to the Customer and agrees that it is necessary to supply the Bank with data in connection with the provision or continuation of the service under these terms and conditions. The Customer further authorizes the Bank to use his data for the purposes set out in the Notice and such other purposes directly or indirectly relating to any transaction and other matter in connection with these terms and conditions. The Customer notes that data held by the Bank will be kept confidential but permits the Bank to provide such information to the persons listed in the Notice or any other person(s) (including debt collecting agent(s)) for the purposes set out in the Notice or in compliance with any laws, regulations or directions affecting or binding on the Bank or its branches/offices.

21.2	In addition to Clause 21.1, the Bank is hereby further authorized to and may, at its discretions, provide and divulge information in respect of the Customer or in connection with these terms and conditions or any transaction made thereunder in writing or otherwise, to (a) any other banks, financial institutions, debt collection agencies, agents, credit providing companies, charge or credit card issuing companies, credit reference agencies, service providers or contractors; (b) any regulatory body, or any government department or agency; (c) any Member of Bank of China (Hong Kong) Limited (“BOC(HK)”), Nanyang Commercial Bank Limited (“NYC”) or Chiyu Banking Corporation Limited (“CYB”) or any actual or proposed participant or sub-participant in, or transferee, assignee or successor of, all or any part of the assets or business of any such member; and (iv) any persons who are engaged by the Bank to provide services to the Customer for maintaining or operating the Account(s) and/or ATM Services for the Customer. For the purpose of this Clause, the term “Member” shall, in relation to BOC(HK), NYC or CYB, mean any of the branches, subsidiaries, holding company, associated companies or affiliates of or companies controlled by any of them.

21.3	The Customer further authorizes the Bank to contact any of his/their employers (if applicable), banks, referees or any other sources for the purpose of obtaining or exchanging any information and to compare the information provided by the Customer with other information collected by the Bank for checking purposes. The Bank is entitled to use the result of such comparison to take any action which may be adverse to the interest of or against any of the Customer. The Customer consents to his/her/their data being transferred to another jurisdiction outside HKSAR and to any matching procedures being carried out in respect of such data. The Customer may withdraw his consent for all or any of the above by giving to the Bank 30 days' prior written notice of such withdrawal of consent.

21.4	The Customer shall immediately inform the Bank in writing of any change in his personal particulars, address, telephone, facsimile number or e-mail address.

22.	Indemnity from the Customer

22.1	The Customer shall indemnify and keep the Bank indemnified from and against all reasonable costs, loss, damage, expenses (legal or otherwise), actions, demands, claims, proceedings whatsoever which the Bank may suffer, incur or sustain, whether actual or contingent, as a result of or arising from any transactions, contracts or services entered into and/or provided by the Bank under these terms and conditions. The Customer shall pay to the Bank on demand all reasonable sums (whether actual or contingent) so suffered, incurred or sustained by the Bank (whose determination shall be conclusive and binding on the Customer) together with interest accrued thereon from the date when the same were first paid or incurred by the Bank until actual payment in full by the Customer at the rate for unarranged overdraft as specified in the relevant schedule of charges and/or interest published by the Bank from time to time and to be made available to the Customer upon request

23.	Set-off and Lien

23.1	In addition and without prejudice to any general or banker's lien, right of set-off or similar right to which the Bank is entitled by law, the Bank shall have the right and is hereby authorized at any time and from time to time hereafter when any sum is due and unpaid by the Customer or when the Customer has breached any provision whether under these terms and conditions or any other agreement with the Bank, without notice to the Customer (any such notice being expressly waived) to:-

	(a)	apply any credit balance on any account (whether in the name of the Customer or jointly with other(s)) at any branch of the Bank whether in or outside HKSAR; and/or

	(b)	set-off any of the liability of the Bank to the Customer including but not limited to such of the liability (whether actual or contingent) arising from any transaction

	in or towards satisfaction of the Customer's obligations and liabilities, whether actual or contingent, future or existing, due or owing to the Bank alone or jointly with other(s), whether under or pursuant to these terms and conditions or otherwise. Where such set off and/or application of credit balance requires the conversion of one currency into another, such conversion shall be calculated at the then prevailing spot rate of exchange as determined by the Bank in its absolute discretion.

23.2	Further, the Bank may be entitled to retain all or any securities, valuable or any other property whatever and wherever situate which may be deposited with or otherwise held by the Bank or in the name of the Customer or any one or more of them whether for safe custody or otherwise and to sell the same or any part thereof at such price as the Bank shall determine whether by public auction, private treaty or tender and the Bank may engage such agent or broker therefor and apply the proceeds thereof to set off any or all sums owing from the Customer to the Bank under and/or arising out of any transaction entered into under these terms and conditions after first deducting all costs and expenses.

24.	Time, Rights Cumulative, Waivers, etc

24.1	Time shall be of essence as regards any obligation of the Customer under these terms and conditions. But no delay or omission on the Bank's part in exercising any right, power, privilege or remedy under these terms and conditions shall impair such right, power, privilege or remedy, or be construed as a waiver of it, nor shall any single or partial exercise of any such right, power, privilege or remedy preclude any further exercise of it or the exercise of any other right, power, privilege or remedy. The rights, powers, privileges and remedies under these terms and conditions are cumulative and not exclusive of any rights, powers, privileges or remedies provided by law.

25.	Payment not subject to Deduction

25.1	All sums payable by the Customer under these terms and conditions shall be paid to the Bank in HKSAR and in Hong Kong Dollars or otherwise as the Bank may from time to time direct in full, free and clear of any present or future taxes, levies, imposts, duties, charges, fees or withholding and without set off or counterclaim or any restriction, condition or deduction whatsoever. If the Customer is compelled by law to make any deduction or withholding, the Customer shall promptly pay to the Bank such additional amount as will result in the net amount received by the Bank being equal to the full amount which would have been receivable had there been no deduction or withholding. Any additional amount paid under this Clause 25.1 shall not be treated as interest but as agreed compensation.

26.	Amendments

26.1	The provisions or schedules contained in these terms and conditions can be amended at any time in such manner and to such extent as the Bank may from time to time in its absolute discretion think fit. Notice of such amendment shall be deemed duly and effectively given to the Customer in accordance with Clause 16 above. Any amendments to such terms and conditions made by the Bank shall take effect and be binding on the Customer immediately upon notice to the Customer provided always that the amendments which affect fees and charges and the liabilities or obligations of the Customer shall be notified to the Customer in accordance with Clause 13.1 and shall not take effect until 30 days prior notice has been given to the Customer.

26.2	Where the Customer refuses to accept the amendment and chooses to terminate the services provided hereunder within a reasonable period, the Bank shall, on application of the Customer, repay any annual or other periodic fee (if any), which can be separately distinguished, paid in advance in relation to the services provided hereunder on a pro rata basis unless the amount involved is minimal.

27.	Liability of the Bank

27.1	The Bank shall not be liable for any loss or damage (direct or otherwise) suffered by the Customer or any other person as a result of :-

	(a)	the cancellation of the services provided hereunder; and/or

	(b)	the withdrawal or suspension of any transaction of the Customer or for any failure to effect or execute any of the order or instruction from the Customer whether it is attributable, either directly or indirectly, to any circumstances or events outside the control of the Bank; and/or

	(c)	any mechanical, electronic or other failure, malfunction, interruption, inaccuracy or inadequacy of the Bank's telecommunication and computer system or other equipment or its installation or operation (where such failure, malfunction, interruption, inaccuracy or inadequacy is obvious or advised by a message or notice on display); any incomplete or erroneous transmission of any instruction or order of the Customer or any error in the execution of any such instruction or order (except gross negligence or wilful misconduct of the Bank's authorized officers) nor for any delay, loss (including loss of profit or any economic loss), expenses or damages whatsoever incurred or suffered by the Customer as a result thereof; and/or

	(d)	any delay, interruption or suspension howsoever caused by any third party, including but not limited to service providers or equipment suppliers, which interferes with, affects or disrupts the performance of the Bank hereunder.

28.	Termination

28.1	The Bank may terminate the services provided hereunder with or without cause, provided that not less than 30 days prior notice has been given to the Customer.

28.2	The Customer may terminate the services provided hereunder upon such prior written notice and in such manner and conditions as may be prescribed by the Bank from time to time and subject to payment of any handling fee which the Bank may at its discretion impose.

28.3	For the avoidance of doubt, all liabilities and obligations of the Customer incurred or existing under these terms and conditions shall survive its termination for whatsoever cause.

29.	Governing Law and Jurisdiction

29.1	The validity, construction, interpretation and enforcement of these terms and conditions shall be governed by the laws of HKSAR and the parties consent to the non-exclusive jurisdiction of the courts of HKSAR in connection with any suit, action or proceeding arising out of or in connection with these terms and conditions, provided that nothing contained in this Clause shall preclude the taking of proceedings in any other court of competent jurisdiction.

30.	Successors

30.1	These terms and conditions shall be binding on the heirs, personal representatives, successors and assigns of the Customer.

31.	Non-Assignment

31.1	The Customer should not assign, transfer, create, attempt to create or permit to arise any mortgage, pledge, charge, lien or other form of encumbrances or securities whatsoever on or over any of its right and interest under these terms and conditions or any contracts or transaction effected or concluded pursuant to these terms and conditions without the prior written consent of the Bank.

32.	Language

32.1	The Chinese version of these terms and conditions is for reference only and if there is any conflict between the English and Chinese versions, the English version shall prevail.

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