| 1. |
The Terms and Conditions stated herein apply in respect of various banking services (collectively called "BEA Macau Online") that are offered by the Branch to Customers via various electronic delivery channels prescribed by the Branch from time to time including but not limited to the internet and mobile devices. The provision of an individual electronic delivery channel to the Customer shall be at the sole discretion of the Branch. |
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| 2. |
Definitions and Interpretation |
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In these Terms and all supplements thereto, the following terms have the following meanings except where the context otherwise requires: |
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(a) |
"Account" means any BEA Macau Online account, accounts with BEA Macau Online services and/or any other account the Customer opens with the Branch; |
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(b) |
"Agent" means any Person appointed by the Branch; |
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(c) |
"Application Form" means the account opening application form prescribed by the Branch from time to time for the purpose of requesting and authorising the Branch to open an Account; |
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(d) |
"BEA" or "the Branch" means The Bank of East Asia, Limited, Macau Branch including its successors and assigns; |
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(e) |
"Business Day", save as the Branch may otherwise notify the Customer for any particular purpose, means a day on which commercial Banks are open for business in Macau and, in the case of a Currency Linked Deposit or margin trading, the major financial centres in the country where the Underlying is legal tender. In the case of Unit Trust Investment Services, Saturdays will not be a Business Day; |
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(f) |
"Designated Account" means any account nominated by the Customer as such to the Branch and stated in the Application Form or subsequently through written instruction(s), or through other methods as prescribed and accepted by the Branch from time to time to be the subject of BEA Macau Online provided that the Branch may at its option, cancel or suspend the provision of BEA Macau Online in respect of any of the Designated Account(s); |
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(g) |
"Designated Service" means a service provided by the Branch via BEA Macau Online, which allows the Customer to access the information of the Designated Service Account and give Instructions with regard to such services according to the procedures and rules as prescribed by the Branch from time to time; |
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(h) |
"Designated Service Account" means any account held by the Customer and maintained with the Branch, which is related to a Designated Service being used by the Customer, and is nominated by the Customer to the Branch as such and accepted by the Branch from time to time to be the subject of BEA Macau Online; |
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(i) |
"HKD" means Hong Kong Dollars; |
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(j) |
"Instruction" means any (i) instruction given by or on behalf of the Customer to Bank to sell, redeem, purchase, subscribe, hold, withdraw or otherwise deal in Linked Deposits, Securities, Unit Trusts, or foreign exchange or to effect any other transactions pursuant to the terms of respective products/services; (ii) instruction given through various electronic delivery channels; (iii) instruction given through BEA Macau Online; or (iv) verbal or written or facsimile instruction given in such form and delivered or transmitted to the Branch by such means as the Branch may prescribe, in each case subject to the applicable minimum and/or maximum amounts as may be prescribed by the Branch from time to time in respect of any particular type of instruction; |
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(k) |
"Losses" means actions, proceedings, losses, damages, liabilities, claims demands, costs and expenses (including legal fees) which may be suffered or incurred by the Branch and/or its directors, officers, employees, agents, nominees and correspondents arising from, relating to or incidental to the operation or maintenance of the Accounts and/or provision of Services pursuant to the Terms; |
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(l) |
"Macau" means the Macau Special Administrative Region of the People's Republic of China; |
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(m) |
"Person" means an individual; |
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(n) |
"PIN" means the number designated by the Branch and used by the Customer to authenticate access to the individual electronic delivery channels of BEA Macau Online and subsequent to any change in PIN via BEA Macau Online, or any code designated and used by the Customer from time to time to access the service; |
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(o) |
"Related Account" means any account held by the Customer and maintained with the Branch, which is nominated by the Customer as such to the Branch and stated in the Application Form or subsequently through written instruction(s) or other methods as prescribed by and accepted by the Branch from time to time to be the subject of BEA Macau Online provided that the Branch may at its option, cancel or suspend the provision of BEA Macau Online in respect of any of the Related Account(s); |
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(p) |
"Services" means banking, investment and/or other services prescribed, announced, and offered by the Branch from time to time; |
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(q) |
"Third Party Account" means, in cases of fund transfer Transactions to/from other BEA accounts, the deposit account held by the third party with the Branch; |
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(r) |
"Transaction" means a transaction effected by the Branch pursuant to or as a result of an Instruction; |
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(s) |
"Underlying" in respect of a Linked Deposit, means the share, currency, index or other asset specified as such in the relevant confirmation; |
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(t) |
Any document is a reference to that document as modified from time to time; |
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(u) |
Where the Underlying consists of two or more shares, two or more currencies, two or more indices or two or more other assets, unless the context otherwise requires, references to the Underlying shall mean any one of those shares, currencies, indices or other assets, as the case may be; |
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(v) |
The headings in the Terms do not affect the Terms’ meaning. |
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| 3. |
New Products and Services |
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The Branch and its agent may introduce and provide new Services from time to time and notify the terms and conditions governing these to the Customer. The Terms, insofar as they are not inconsistent with the terms and conditions of the new Services, shall apply to such new Services and be binding on the Customer. In the event of any conflict between the two, the Terms shall (unless the Branch at its sole discretion otherwise deems fit in any particular case) apply and prevail. |
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| 4. |
Customer’s Instructions |
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(a) |
Subject to the provisions contained in the Terms, the Branch is authorised to act on the Instructions in relation to any Account given by the Customer (or in the case of joint accounts, any one of the persons comprising the Customer); |
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(b) |
Any Instruction, once given, may not be withdrawn by the Customer without the written consent of the Branch. All Instructions which are understood and acted on by the Branch in good faith, shall be binding on the Customer. The Branch shall be under no duty to inquire into the authenticity of any Instructions or the identity of the person giving or purporting to give any Instructions; |
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(c) |
The Branch may treat all Instructions given as fully authorised and binding on the Customer regardless of the circumstances prevailing at the time of the Instructions being given or the nature or amount of the transaction and notwithstanding any error, misunderstanding, lack of clarity, errors in transmission, fraud, forgery or lack of authority in relation to the Instructions. The Customer agrees that they are under an express duty to the Branch to prevent any fraudulent, forged or unauthorised Instructions being given; |
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(d) |
The Branch may at all times and from time to time at its sole discretion without having to state the grounds for such refusal and without any liability whatsoever, refuse to act upon any Instruction or such part thereof as the Branch deems appropriate; |
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(e) |
The Branch will only provide Services or accept Instructions insofar as it is (in the Branch's reasonable opinion) practicable and reasonable to do so, having regard to the Branch’s regular business practices and procedures. The Branch shall comply with laws, rules, regulations, guidelines, requests, and/or recommendations of any organisation or authority that regulates the conduct of banking and/or the provision of Services contemplated under any Account. The Branch reserves the right to prescribe any conditions subject to which it provides any Services or accepts any Instruction or to refuse any Services or act on any Instruction to ensure its compliance with any such applicable laws, rules, regulations, guidelines, requests, and/or recommendations; |
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(f) |
In the event that the Branch receives an Instruction that it considers to be inconsistent with any previous Instruction which has not been executed, the Branch may, at its sole and absolute discretion, refuse to act on either of such Instructions unless and until either one of such Instructions has been revoked or withdrawn to the satisfaction of the Branch; |
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(g) |
The Customer may request the Branch to provide various BEA Macau Online services by giving written or facsimile instructions to the Branch provided that such Services by themselves are allowed to be operated by written or facsimile instructions pursuant to their respective terms and conditions as prescribed from time to time by the Branch, and provided further that the Branch shall be entitled to specify, from time to time, such Services, which may be available to the Customer via BEA Macau Online and/or any other means as the Branch may prescribe. |
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| 5. |
Sufficiency of Funds |
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Instruction will not be acted on if there are insufficient funds or pre-arranged credit is not available in the Account. The Branch may at its discretion act on such Instruction notwithstanding, without seeking prior approval of or giving prior notice to the Customer and may make the usual charges to the Customer. |
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| 6. |
Fees and Expenses |
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The Branch is entitled to levy fees and charges against the Customer to cover costs and expenses arising from the running and operation of the Account. The Branch reserves the right to revise all fees and charges from time to time after giving notice to the Customer in accordance with the Branch’s practice. |
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| 7. |
Termination and Closure of Services |
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(a) |
On the closure of the Related Account and/or Designated Account and/or termination of a Designated Service, the BEA Macau Online services for such account(s) and/or Service(s) will be terminated; |
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(b) |
The Branch reserves the right to suspend or terminate all or any of the Accounts and/or Services at any time after giving reasonable notice, except in exceptional circumstances where no prior notice is required; |
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(c) |
If the Account is closed, all relevant BEA Macau Online services will be automatically terminated. Access to the Account and/or Services under BEA Macau Online will be suspended immediately; |
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(d) |
Without prejudice to the generality of Clause 7(b) of the General Terms and Conditions herein, the Branch shall be entitled to close/terminate any or all Accounts/Services immediately and without prior notice if: |
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(i) |
there is any change of law which prohibits or renders the maintenance or operation of any Accounts/Services or any part thereof illegal; |
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(ii) |
the Customer commits any breach of or omits to observe any obligations under the Terms which, in the opinion of the Branch, amounts to a material default on the part of the Customer; |
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(iii) |
the Branch's records show that the Customer has maintained no Related Account and/or Designated Service and/or Designated Account for such period as the Branch shall prescribe; or |
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(iv) |
The Branch determines, or reasonable belief exists, that the Customer: |
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has passed away; |
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has become an undischarged bankrupt; or |
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has been convicted in Macau or elsewhere of an offence for which the Customer has been found to have acted fraudulently, corruptly, or dishonestly, or committed any offence under any applicable laws; |
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(e) |
The Branch shall act in accordance with the laws, rules, regulations, guidelines, requests, and/or recommendations of public and regulatory organisations or authorities operating in various jurisdictions, which relate to, among other things, the prevention of money laundering, terrorist financing, and the provision of financial and/or other services to any persons or entities which may be subject to sanctions. Without prejudice to the generality of Clause 7(b) of the General Terms and Conditions herein, the Branch may take any action (including but not limited to the suspension or closure of the Account(s)) which it, at its sole and absolute discretion, considers appropriate to take in accordance with all such laws, rules, regulations, guidelines, requests, and/or recommendations. Such action may include, but is not limited to, the disclosure, interception, and/or investigation of any payment messages and other information or communications sent to or by the Customer or on the Customer's behalf through the systems of the Branch or any member of the BEA Group; and making further enquiries as to whether a name, which might refer to a sanctioned person or entity actually refers to that person or entity. |
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| 8. |
Rights/Responsibilities of Joint Account Holders |
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Where the Customer consists of more than one person: |
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(a) |
each of such persons comprising the Customer shall be jointly and severally bound by the Terms and be liable for any and all liabilities incurred by any of them in connection with the Terms; |
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(b) |
any notice in connection with the Terms to any one such person comprising the Customer will be deemed effective notification to all such persons; |
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(c) |
each account holder is authorised to recognise the balance of each Related Account and/or Designated Service and/or Designated Account and/or Designated Service Account, and such recognition is binding on the other account holder(s). The Branch may make a claim against one or several account holders in regard to the credit balance of the Related Account and/or Designated Service and/or Designated Account and/or Designated Service Account; |
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(d) |
if the Related Account and/or Designated Service Account is/are maintained in joint names, then each and every one of the Related Accounts and/or Designated Service Account holders shall be jointly and severally liable for all transactions involving the use of BEA Macau Online, and the Terms contained herein shall apply to each of the Related Accounts and/or Designated Service Account holders separately; |
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(e) |
if the BEA Macau Online Account consists of more than one person, each and every one of the Customers shall be jointly and severally responsible for all transactions involving the use of the Services prescribed by the Branch from time to time so issued, and the Terms herein shall be jointly and severally binding on each and every one of the Customers. |
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(f) |
on the death of any of the persons comprising the Customer, the Branch will suspend the BEA Macau Online services immediately. The BEA Macau Online account shall be closed by the survivor(s) on proof of the death of the deceased joint account holder(s); |
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| 9. |
Notices |
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(a) |
Any notice, request, certificate, demand or other communications (the "Communication") by either party to the other in connection herewith shall be sent to the last known address of such person from time to time. Any Communication shall be deemed to have been given to the addressee, if delivered personally, at the time of such delivery, if dispatched by mail, forty-eight (48) hours after posting if the address is in Macau and seven (7) calendar days after posting if the address is outside Macau, and if sent by telegraph, facsimile transmission, short message service ("SMS"), or electronic mail, at the time of dispatch; |
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(b) |
The Customer undertakes to notify the Branch in writing immediately upon any change of address, mobile phone number and contact number; |
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(c) |
The Customer agrees that the Branch may send any Communication, confirmation, or statement to him/her in electronic form. |
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| 10. |
Right of Waiver |
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No indulgence or concession granted by the Branch and no omission or delay on the part of the Branch in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. |
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| 11. |
Severability |
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If any one or more provisions of the Terms, or any part thereof, shall be declared or adjudged to be illegal, invalid or unenforceable under any applicable law, such illegality or unenforceability shall not vitiate any of the other provisions hereof which shall remain in full force, validity and effect. |
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| 12. |
Amendment |
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The Branch may revise any provisions contained in the Terms and/or introduce additional provisions at any time and from time to time after giving reasonable notice as may be required. Such provisions, any revision and/or additions thereto shall become effective when brought to the attention of the Customer by way of notice and shall be deemed to have been accepted by, and be binding on, the Customer if the Customer continues to use any of the Account and/or the Services currently provided by the Branch after the effective date of such notice. |
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| 13. |
Governing Laws and Jurisdiction |
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The Terms shall be governed by and construed in all respects in accordance with the applicable laws of Macau and the Branch's by-laws, regulations, and practices, brought to the attention of the Customer by display, advertisement, or otherwise as the foregoing are now in effect or as hereafter amended, enacted, or adopted. The Customer hereby irrevocably submits to the nonexclusive jurisdiction of the Courts of Macau to determine, enforce, and adjudicate all disputes and claims arising from the above and in connection therewith. |
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| 14. |
Governing Version |
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The Chinese version of the Terms is for reference only. If there is any conflict between the English and the Chinese versions, the English version shall prevail. |
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| 15. |
Miscellaneous |
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(a) |
For the avoidance of doubt, all Schedules hereafter described form an integral part of the Terms and shall be binding on the Customer. Unless otherwise stated, references to Clauses and Schedules mean the clauses of and schedules to the Terms. |
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(b) |
Words and phrases in the Terms shall be read and construed in accordance with the definitions contained hereto. Where the context permits, the singular includes the plural and vice versa, the masculine includes feminine and neuter and vice versa. |
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(c) |
The Customer agrees that all documents shall be written in ink, and in no circumstances shall BALL PENS using ink erasable by ordinary pencil rubber or otherwise be used since unauthorised alteration which is difficult to detect can easily be made. |
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(d) |
The Terms shall be binding on and enure to the benefit of the Branch and the Customer and his/her personal representatives and successors or assigns of the Customer and each of them. |
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| 16. |
Specific Terms and Conditions |
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(a) |
The use of BEA Macau Online is subject to the provisions of the Schedule of BEA Macau Online Account Terms and Conditions. |
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| Schedule |
| BEA Macau Online Account Terms and Conditions |
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| 1. |
The Branch may grant to the Customer the facility to carry out certain banking functions in the Account, Related Account, Designated Service Account and Designated Account (only fund transfers to, but not out of, a Designated Account are allowed). Notwithstanding any other agreements or arrangements between the Customer and the Branch relating to the Account, Related Account or Designated Service Account that may provide otherwise, the Branch may accept Instructions relating thereto through various electronic channels, subject always to the provisions of the Terms as prescribed by the Branch from time to time. The Customer shall only be entitled to gain access to BEA Macau Online during service hours as specified by the Branch from time to time. |
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| 2. |
The granting of usage and/or access to BEA Macau Online to operate the Account, Related Account and Designated Service Account shall be at the sole discretion of the Branch, and the Branch may cancel or suspend BEA Macau Online or any part thereof at any time. On the termination of BEA Macau Online, access to the Account, Related Account and Designated Service Account through electronic delivery channels will be terminated. |
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| 3. |
The Branch shall supply the Customer with the BEA Macau Online Account Number or other account identification(s) in any format as prescribed by the Branch from time to time and an initial PIN for individual electronic delivery channels provided by the Branch from time to time at the sole discretion of the Branch. The Branch is authorised to provide the initial PIN to the Customer or any one of the persons comprising the Customer (in case of joint accounts) of the Account. |
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| 4. |
BEA and its Agent may at its sole discretion introduce and provide new Services through BEA Macau Online from time to time. The Customer can, through online registration or in such manner as the Branch may prescribe from time to time, subscribe for the new Services by accepting all the terms and conditions of such Services, and providing sufficient documents as requested by the Branch for verification of the identity of the Customer. |
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| 5. |
The Customer may request, in writing or via BEA Macau Online, the alteration of the PIN, if necessary from time to time. For the purpose of these conditions, the term "PIN" shall be the PIN currently in use. |
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| 6. |
The issuance, selection, or usage of a new PIN shall not be construed as the commencement/creation of a new contract. |
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| 7. |
The Customer acknowledges that the PIN is confidential and must not be disclosed (whether directly or indirectly, intentionally, or unintentionally) to any other person(s) under any circumstances. The Customer shall be liable for any direct and indirect losses or damages caused by breaching the confidentiality by means of any words, action, conduct, or communication. |
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| 8. |
Without prejudice to other provisions hereof, the Customer agrees to indemnify the Branch on a full indemnity basis against all or any Losses which are directly or indirectly related to or in connection with the use of BEA Macau Online, whether such use is authorised or unauthorised, unless any of the Losses arise from the Branch's negligence, fraud, or wilful default. |
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| 9. |
The Customer shall ensure that the security measures within their control are at all times both adequate and properly maintained, and understands and agrees that failure on their part to comply with any one of the security precautionary measures set out in the Important Notes for Security in relation to BEA Macau Online as prescribed by the Branch from time to time may lead to a security breach, and the Branch shall not in any event be held liable for any loss or damage suffered by the Customer as a result thereof. The Branch may at any time, at its sole discretion, update the security precautionary measures set out in the Important Notes for Security in relation to BEA Macau Online without prior notice. |
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If the Customer fails to fulfil the security precautionary measures, they shall be liable for all unauthorised Transactions. |
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| 10. |
Any transaction effected by the Branch pursuant to or as a result of an instruction initiated by the Customer with the correct BEA Macau Online account number and PIN shall be binding on the Customer. Except only due to the negligence or wilful default of the Branch, the Branch shall not be liable in respect of: |
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(a) |
any loss or damage suffered by the Customer or by any other person as a result of any failure to gain access to BEA Macau Online or utilise the banking functions through various electronic delivery channels due to reasons beyond the Branch's control, including without limitation to any computer, telecommunication, electrical, or network failure; or |
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(b) |
any claim, damage, loss, responsibility, liability, or obligation for any error, delay, failure and any consequence arising from or in connection with bill payment and scheduled Instructions; or |
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(c) |
any other loss or damage whatsoever suffered by the Customer or by any other person as a result of any Instructions initiated by the Customer through various electronic delivery channels. |
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| 11. |
The Branch shall under no circumstances be liable for any failure of BEA Macau Online in whole or in part nor for the inability of the Customer to gain access in whole or in part to BEA Macau Online caused by the delay or failure of any communication network or any party providing such access. |
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| 12. |
Provided that the Branch has not been negligent, has acted in good faith and with due diligence and also complied with the obligations under the Terms, any Transaction effected by the Branch pursuant to or as a result of an Instruction initiated by the Customer with the correct BEA Macau Online account number, shall be binding on the Customer. |
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| 13. |
Notwithstanding anything contained in the Terms, in the absence of negligence or fraudulence on the part of the Customer and if the Customer has acted in good faith and with due diligence and also fully complied with the obligations under all provisions contained herein, the Customer shall not be liable for unauthorised Transactions performed and/or executed through BEA Macau Online due to: |
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(a) |
a computer crime not prevented by the security system of the Branch; or |
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(b) |
a human or system error caused by the Branch, resulting in an improper transaction, leading to lost or misplaced funds; or |
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(c) |
a missed or mis-directed payment caused by the Branch. |
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The Customer shall be entitled to reimbursement from the Branch for interest or late penalties incurred by the Customer for missed payments attributable to the foregoing causes (a), (b), and (c) of this Clause 13. On the other hand, the Customer shall be liable for all Losses if the Customer acts fraudulently, or is in negligence, including failing to properly safeguard their PIN. |
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| 14. |
Subject to the provisions herein, the Branch's liability to the Customer in relation to the provision of BEA Macau Online shall be limited to the amount of the relevant Transaction or the direct damages sustained, whichever is less. The Branch shall under no circumstances be liable and the Customer agrees not to claim against the Branch [whether in contract or tort (including negligence) or otherwise] for any direct or indirect, special or consequential loss, damage, cost, expense, claim, action, or proceedings in connection with the use of or inability to use Cyberbanking, account number(s), or PIN(s), whether such use is authorised or unauthorised, including but not limited to any loss of profits or revenue, loss or injury to reputation or goodwill, loss of customers, loss of use of any data, equipment, or software, even if the Branch has been advised of or should have been aware of the possibility of such loss or damage. |
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| 15. |
The Branch shall have the absolute discretion from time to time to determine the scope of BEA Macau Online, set or change the daily cut-off time and withdraw or discontinue BEA Macau Online operations without notice or responsibility to the Customer. Any transactions performed via BEA Macau Online after the daily cut-off time shall be valued on the next business day. Since the BEA Macau Online system may be accessed from any country, the daily cut-off time in Macau shall apply and prevail. |
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| 16. |
All costs and expenses in obtaining and maintaining suitable equipment to access BEA Macau Online shall be borne by the Customer solely. |
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| 17. |
Any Instruction given to the Branch via BEA Macau Online shall operate as a request by the Customer to the Branch to act on the Instruction, provided that the Branch shall not be obliged to act on any such Instruction which would result in the Account, Related Account, Designated Account and/or Designated Service Account becoming overdrawn without authorisation or if such Account, Related Account, Designated Account and/or Designated Service Account is/are on hold, or frozen or dormant or in any other circumstances which the Branch may in its sole judgment consider appropriate. |
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| 18. |
All transactions entered into pursuant to the Instructions given to the Branch through BEA Macau Online shall be subject to the terms and conditions governing such Transactions as prescribed by the Branch from time to time. |
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| 19. |
The Customer acknowledges that all Instructions transmitted to the Branch via any electronic channel shall not be considered as having been received and executed by the Branch until the Branch has received and executed such Instructions in a manner prescribed by the Branch from time to time. |
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| 20. |
The Customer acknowledges that transactions involving any transfer of funds between any Account, Related Account, Designated Account or Designated Service Account, or payment Instructions on any day may at the Branch's sole discretion be processed to the said accounts concerning the transfer of funds or payment Instructions on the day of the Transaction or the next Business Day. In the case of any Transactions involving the transfer of funds to any Third Party Account, the Branch may credit the funds received to the payee’s accounts at different times, and the Branch is not responsible for when the transferred funds will actually be credited to the payee’s accounts. |
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| 21. |
BEA Macau Online can be used for fund transfer/payment Transactions if there are sufficient funds in the Account, Related Account(s) and/or Designated Service Account. If the transfer/payment Transaction is made without sufficient funds in the account(s), the Branch is not obliged to effect any such transfer/payment Transaction and is entitled to refuse to effect such transfer/payment Transaction, with or without cause, without incurring any liability whatsoever and without prior notice to the Customer. If the Branch agrees to effect such transfer/payment Transaction, the Customer shall repay to the Branch immediately on demand such amount overdrawn or over-transferred together with interest thereon at the rate chargeable by the Branch from time to time on overdraft accounts with the Branch and other liabilities thereby created. |
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| 22. |
The amounts that the Customer shall be entitled to transfer via BEA Macau Online shall be limited to the individual and the aggregate daily limits including but not limited to the withdrawal and deposit transaction limits expressed in HKD or its equivalent as published by the Branch from time to time. The Branch shall have the right to impose such restrictions as the Branch deems fit for efficient operation of BEA Macau Online or for any other reason(s). |
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| 23. |
The Customer irrevocably authorises the Branch to debit the Account, Related Account(s) and/or Designated Service Account with the amount of any transfer/payment Transaction effected via BEA Macau Online and the Branch is entitled to act on such transfer/payment transaction instruction without obtaining any further written or other confirmation from the Customer, notwithstanding that such transfer/payment Transaction Instruction is not given or authorised by the Customer. Subject to Clause 18 hereof, the Customer agrees and accepts full and sole responsibility for all consequences, losses, and/or liabilities incurred as a result of such transfer/payment Transaction, whether given or authorised by the Customer or not and shall fully indemnify the Branch and keep the Branch fully indemnified against all or any Losses by reason of the effect of such transfer/payment Transaction. |
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| 24. |
The Branch will not assume any responsibility or obligation for any Transaction or error arising from the failure of the Customer to provide or input sufficient or accurate information (including but not limited to data) to enable the said Transaction to be effected via Cyberbanking. |
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| 25. |
The Customer understands and acknowledges that BEA Macau Online is provided as an additional service in relation to banking transactions by the Branch and shall not be considered as a substitute for other method(s) of effecting banking transactions. In the event that BEA Macau Online is not available for any reason whatsoever (whether or not within the control of the Branch), the Customer shall have no claim whatsoever against the Branch and shall use other available means to effect banking transactions. |
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| 26. |
The Customer agrees to the disclosure or transfer of personal data in respect of the Account(s), Transactions, and dealings with the Branch, the mobile phone service providers and any third party engaged in any Transaction or providing any service in respect of the BEA Macau Online to any one or more of such entities and their subsidiaries, group members, and agents thereof whether in or outside Macau in connection with the provision of BEA Macau Online. |
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| 27. |
Maintaining the privacy of the customer data is a key responsibility for the Branch. The Branch shall ensure that the processing of customer data complies with all privacy regulations and laws applicable to Macau. Customer data are not used for purposes beyond which they are specifically allowed or for purposes beyond which customers have given authorisation; and the Branch’s standards for the use of customer data must be met when third parties have access to customer data through outsourcing relationships. |
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| 28. |
The Branch shall endeavour to take all steps as far as reasonably practicable to ensure that information made available via BEA Macau Online is correct and updated at regular intervals. The Transaction details and balances of the Account(s), Related Account(s), Designated Service Account(s) and/or Designated Account(s) as shown in the Customer’s terminal or on any printout are for reference only. Those transaction details and account balances as recorded in the Branch’s system will be conclusive. The Customer agrees and confirms that the Branch shall not be held liable for or in connection with the accuracy of any and all information received by the Customer via BEA Macau Online. |
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| 29. |
The Branch shall not be liable for any damage or loss to the Customer's computer terminal or equipment or related facilities or any loss or corruption of the Customer's data in connection with the operation of BEA Macau Online. The Branch shall not in any event be liable for any indirect, special, incidental, or consequential damage arising from or in connection with the provision of BEA Macau Online. |
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| 30. |
The Customer agrees to pay any and all of the fees and/or charges that the Branch may charge from time to time in connection with the provision of BEA Macau Online and/or the use of the BEA Macau Online by the Customer. The Branch may at any time, without obtaining consent from the Customer set-off or transfer any monies standing to the credit of any of bank accounts of whatsoever description (including but not limited to current, savings, fixed, or call deposit accounts) towards the discharge of all sums due to the Branch or arising from the use of Cyberbanking. The Customer hereby confirms that the Branch shall in no event be liable for any loss or damage or consequence including but not limited to, the dishonour of any Transaction involving the use of BEA Macau Online or the levying of any overdraft interest due to insufficient credit balance of the Account(s) and Related Account(s) or Designated Service Account, which may be incurred or suffered by the Customer as a result of, or arising from the charge levied from the account by the Branch. The Customer hereby further waives their rights, if any, against the Branch of the aforesaid liabilities, if any, and confirm(s) that the Customer shall be solely liable for such liabilities. |
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| 31. |
The Customer understands that due to unpredictable traffic congestion, openness and the public nature of the internet and other reasons, the internet may not be a reliable medium of communication and that such unreliability is beyond the control of the Branch. This may subject Transactions to delays in transmission, incorrect data transmission, delays in execution or execution of Instructions at prices different from those prevailing at the time Instructions were given, misunderstanding and errors in any communication between the Branch and the Customer, transmission blackouts, interruptions and so on. |