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These Terms and Conditions specifically relate and apply to our i-Banking Services and set out both of our rights and responsibilities when you are using our online service to manage your Account. These Terms and Conditions are in addition to the main Terms and Conditions that apply to your Account.
We have also prepared a User Guide which sets out guidance and information to help you use our i-Banking Services
We may change these Terms and Conditions in accordance with the provisions set out in them.
Please read these Terms and Conditions and keep them in a safe place. You can ask us for a copy of them at any time. If you have any questions about these Terms and Conditions, or about how to use our i-Banking Services, please contact us on either our UK phone number, which is +44 (0)20 7369 8888, or our Hong Kong telephone number which is +852 2818 0282, or by email to contact@shacombank.com.hk.
ABOUT US
These Terms and Conditions and the i-Banking Service are provided by Shanghai Commercial Bank Limited, a company incorporated in Hong Kong with registered number 3159 whose registered head office address in Hong Kong is Shanghai Commercial Bank Tower, 12 Queens Road, Central, Hong Kong.
Shanghai Commercial Bank Limited is registered in England with company number FC009688. Our London branch address is at 65 Cornhill, London EC3V 3NB.
Shanghai Commercial Bank Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (reference number 204699).
MEANING OF WORDS AND EXPRESSIONS
In these Terms and Conditions, the following words and expressions have the following meanings:
"Access Codes" means the Log-In Password and User Identification Number or either of them as the context may require.
"Account" means any account held by You with us which can be accessed via the i-Banking Services.
"Account Agreement" means the conditions of use or other equivalent terms governing Your Accounts with us and already provided to You by us.
"Electronic Balance Enquiry Service" means the electronic balance enquiry service which forms part of our i-Banking Services as further described in clause 7 of these Terms and Conditions.
"Hong Kong" means Hong Kong Special Administrative Region of the People's Republic of China.
"i-Banking Services" means the online banking services or facilities provided or to be provided by us to You from time to time accessed using the internet. The i-Banking Services includes our Electronic Balance Enquiry Service and our Online Transfer Service.
"Log-in password" means the password used by You together with the User Identification Number to gain access to and use the i-Banking Services.
"Online Transaction Service" means the online payment and transfer service which forms part of our i-Banking Services as further described in clause 8 of these Terms and Conditions.
"User Guide" means the guidance and information set out in our user guide for the Electronic Balance Enquiry Service and the Online Transfer Service.
"User Identification Number" means the personal identification number issued to You by us to help authenticate Your identity before You use the i-Banking Services and which allows You to gain access to the i-Banking Services.
"You/your" means any customer (whether a natural person or legal entity for example a sole trader, company or partnership) and where You have a joint account, references in these Terms and Conditions to You include each of You together and separately.
"We, us and our" means Shanghai Commercial Bank Limited.
"Working Day" means Monday to Friday excluding any Public and Bank Holidays in London and/or Hong Kong.
SUBSCRIBING FOR i-BANKING SERVICES
As per our main Terms and Conditions, you can register for our i-Banking Services by contacting us on either our UK phone number, which is +44 (0)20 7369 8888, or our Hong Kong phone number, which is +852 2818 0282 or by emailing us atcontact@shacombank.com.hk. You can also register by visiting our London Branch at the address in clause 1.2.
You will become an i-Banking Services customer when You have successfully activated Your User Identification Number and Log-in Password by logging onto the i-Banking Services with them.
ACCESSING THE i-BANKING SERVICES
Once You have received your Log-in Password and User Identification Number from us, You will be able to access our i-Banking Services provided that the equipment You use meets our minimum compatibility requirements. Details of these are available in the User Guide.
AVAILABILTIY OF THE i-BANKING SERVICES
Our i-Banking Service is available 24 hours a day seven days a week. Occasionally You may not be able to access or use the i-Banking Services where, for example, we need to carry out routine maintenance or updates. While we will try to minimise any downtime, and let You know in advance if our i-Banking Services are going to be unavailable, You acknowledge that access to the i-Banking Services may be interrupted or, suspended from time to time and this may be without notice. We may also change or discontinue any aspect or feature of the i-Banking Service including, but not limited to, content, hours of availability and equipment needed for access or use.
We may decide to terminate our i-Banking Service, although if we do this we will, if possible, give you reasonable advanced notice (which will be at least two months).
The full range of services included in the i-Banking Services may not be available in all countries.
SECURITY
After You have received Your Log-in Password and User Identification Number, You should use these to log-in to our i-Banking Service for the first time. Once You have logged in, You should change that password straight away. You should memorise Your new Log-In Password and Your User Identification Number, and destroy any written copies promptly.
If You have a joint account then any one of You may use our i-Banking Service, but You must use your own security data when required. If You are a joint account holder these conditions apply to You individually and jointly with the other account holder. Please see clause 8.5 below for more information about the circumstances in which joint account holders may not be able to use our Online Transaction Service.
You are responsible for all use by You of the i-Banking Service. If You are a business, You are responsible for all use made of the i-Banking Services by those to whom You have given access to the i-Banking Service. You are also responsible for ensuring that Your users use their own log-in details and Access Codes and comply with these Terms and Conditions.
We will use reasonable endeavours to monitor and maintain the security of the i-Banking Service but, due to the nature of the internet, we cannot guarantee absolute security at all times. Please note that we will never contact You, or ask anyone to do so on our behalf, with a request to disclose your Log-in Password and/or User Identification Number in full. If You or any of Your users receive any such requests from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent. You must not supply these details to them in any circumstances and should report the request to us immediately by phoning us on +44 (0)207369 8888 or +852 2818 0282 or by emailing us atcontact@shacombank.com.hk.
Once You have registered for the i-Banking Service You must always keep your User Identification Number and Log-in Password secret and You should not write them down.
You must:
take all reasonable precautions to prevent unauthorised or fraudulent use of Your Access Codes;
not disclose them to any other person or record them in such a way that may result in them becoming known to another person;
not make any hyperlink or connection between our Website and/or the i-Banking Service and any third party website;
comply with these Terms and Conditions and other policies or rules issued by us in respect of the use of the i-Banking Services;
take all reasonable precautions to prevent others from viewing your Account details in our i-Banking Services. This includes not leaving the electronic devices You use to access the i-Banking Services unattended while using the i-Banking Services, making sure you lock your device when you are not using it, logging out at the end of your session and not using your device in environments where others can see your screen. You should also not access your account from a device using public Wi-Fi.
If You enter the Access Codes or either of them incorrectly on three consecutive occasions Your access to the i-Banking Service will be suspended and You will need to submit a request to us to reactivate Your access to the i-Banking Service.
If after accessing the i-Banking Services You do not carry out any activity for 15 minutes or more, You will be automatically logged out of the i-Banking Service and will need to log back in to access the i-Banking Services again.
You must tell us as soon as you can if You know or suspect that somebody knows your Log-in Password or User Identification Number. You must do this by telephoning us on +44 (0)207369 8888.
As soon as reasonably possible after You notify us that You know or think someone knows Your User Identification Number or Log-in Password, we will take steps to disable your access to the i-Banking Service.
If we believe or suspect fraudulent or suspicious use of the i-Banking Service being carried out from Your account we reserve the right to suspend access to all or any part of the i-Banking Service.
ELECTRONIC BALANCE ENQUIRY SERVICE
The Electronic Balance Enquiry Service allows You to view the balances on Your accounts which You have registered to access via the i-Banking Service.
You acknowledge and accept that the balances You will view on Your Account when using the Electronic Balance Enquiry Service will only be up to date as at the close of business the previous Working Day in both Hong Kong and London. Therefore, the balance which You view by using the Electronic Balance Enquiry Service may be out of date and will not reflect deposits or withdrawals made after the close of business on the previous Working Day in London and Hong Kong. You should not rely on the balance as an accurate reflection of the funds available in Your Account and the balance is provided to You without any representation as to its accuracy.
You acknowledge and agree that we shall not be liable to You for any discrepancy between the balance shown when You use the Electronic Balance Enquiry Service and the funds actually available in Your Account.
You should contact us directly if You have any questions or need a precise Account balance.
THE ONLINE TRANSACTION SERVICE
Our Online Transaction Service allows you to make payments out of your Account to third parties or to make transfers between accounts in your own name. If you have a current account, You will not be able to set up, amend or cancel direct debits or standing orders using the i-Banking Service. Please see clause 5.6 of our main Terms and Conditions for information on how you can do this.
In order to make payments and transfers from Your Account using our i-Banking Service, you will need to give us authorisation. You can do this by logging into the i-Banking Service using your User Identification Number, Log-in Password and a One-time password provided by us by SMS, and following the instructions on screen.
The Terms and Conditions for your Account will apply to any payments or transfers you make using our i-Banking Services. Those Terms and Conditions explain what information we will need from you in order to make a payment or transfer (including what details we will need about the recipient of any payment or transfer), and when we will receive and act on your instructions.
If you make payments or transfers from your Account, including via i-Banking, charges will apply. These are set out in our Schedule of Charges which is provided to you when you open your account or you can request a copy from us at any time. Charges for each transaction you make using our i-Banking Service will also be itemised on screen so that you can check them before you confirm your payment or transfer instructions.
Please note that you may not use our Online Transaction Service if:
You hold a joint Account and you have not agreed that payments or transfers may be authorised by just one Account holder; or
You hold an Account for business purposes and you have not agreed that payments or transfers may be authorised by just one Account signatory.
YOUR OBLIGATIONS
You agree that You are responsible for providing and operating all equipment and software necessary to access and use the i-Banking Services. It is Your responsibility to ensure that such equipment and software is compatible with the Website and the i-Banking Services and that it is properly connected.
You will comply with any operational instructions, customer guides, user manuals or other guides (including the User Guide) which we may provide to You from time to time.
You will notify us in writing of any change of address and/or change in Your email address as soon as practical.
You will immediately report to us any loss or unauthorised disclosure of your Log-In Password or User Identification Number. You should do this by phoning us on +44 (0)207369 8888.
You shall not and shall not attempt to damage, corrupt, tamper with, infect, modify, decompile, disassemble, reverse engineer, damage, alter or gain unauthorised access to any part of the i-Banking Services or the Website or any software comprised in them. You shall not use any tools designed for compromising security, for example password guessing programmes, cracking tools or network probing tools as the use of such tools is strictly prohibited.
You will not and will not attempt to access, use, break or hack into any parts of our telecommunications or computer systems, sites, servers, data areas, software or other information or materials.
You are responsible for keeping your personal computer secure by using anti-virus and anti-spyware software and a personal firewall.
ACTING ON YOUR INSTRUCTIONS AND AMENDMENTS TO THESE TERMS AND CONDITIONS
You authorise us to act on any written or computer generated instructions with respect to the i-Banking Services made using Your Access Codes and we shall not be obliged to check the accuracy or authenticity of any such instructions which we reasonably believe to be from You.
Unless we have agreed special arrangements with you for providing instructions when you registered for the i-Banking Service, Instructions provided by You using your Access Codes (and, where you are making a payment or transfer, the authorisation information described in clause 8.2) are valid and conclusively binding on you and instructions provided by You electronically shall be treated as if they had been made in writing and signed by You. All holders of a joint account are jointly and severally responsible to us for any instructions given through the Website where the Access Code for that Account is used (although please note that, joint Account holders may not use our Online Transaction Service unless they have agreed that instructions may be given by just one joint Account holder).
We may vary these Terms and Conditions by telling You. We will do this by sending details about the changes either in writing or displaying them on the Website. We will normally give You at least 30 days" notice of any changes (and at least two months where we are changing the payment account terms) before the change taking effect unless it is not practical or possible to do so, in which case we will tell You as soon as reasonably possible.
LIABILITY
Where You are using the i-Banking Services other than as a private individual, you will be responsible for all use made of the i-Banking Services by those persons to whom You have given or provided access to the i-Banking Services. You will be solely responsible for appointing, authorising, removing and supervising those persons to whom You give access to i-Banking Services on your behalf.
You will be responsible for all losses or damage You may incur if:
You act fraudulently in the use of the i-Banking Services (including the Electronic Balance Enquiry Service and the Online Transaction Service);
if You fail to use the i-Banking Service in accordance with our instructions (including keeping the security details safe and notifying us of any loss or breach of those details). You will not, however, be responsible for any losses you incur after You have notified us that your Access Codes have been lost or stolen or that you suspect someone else is using them,
While we will take reasonable care to ensure any information provided to You in the i-Banking Services is an accurate reflection of the information contained in our systems (or where the information is received by a third party, that it is an accurate reflection of the information we have received), we cannot guarantee that the information is accurate or error free. Certain information may be provided subject to certain restrictions and limitations or on a specific basis, for example that it is only accurate as at a certain time or date. Where we state that information is provided on a certain basis, you accept that this is the basis on which the information is provided.
We shall not be liable for loss or damage to Your computer or other equipment used by You to access the i-Banking Services, or any material belonging to you, unless any loss or damage is directly caused by our negligence or deliberate default.
Unless we have specifically agreed otherwise with You, we shall not be liable for:
any equipment, software or documentation which any person other than us produces for use with our i-Banking Service;
the content of any websites linked to our site. Such links should not be interpreted as endorsement by us of those linked websites; and
any services you access whether or not through the i-Banking Service which are not controlled by us.
We shall not be liable or responsible for loss or damage caused to You to the extent it is caused by You failing to comply with the Terms and Conditions.
We will not be liable to You to the extent You suffer any loss which is due to our complying with our obligations under applicable laws or regulations, or to the extent it is due to abnormal or unforeseen circumstances beyond our control.
Where You are not a consumer (otherwise known as a private individual) or a sole trader, then in addition to the provisions relating to liability set out in clauses 11.1 to 11.6 above (inclusive) we shall not be liable to You for:
loss of revenue, goodwill or anticipated savings, loss of profit or any loss we could not reasonably have anticipated;
any indirect or consequential loss.
If You are not subscribed to and using the i-Banking Service as a consumer or a sole trader, then except where there has been negligence, fraud or wilful default on our part or where such indemnification is not permitted under statute, You will indemnify us against all costs (including legal and other professional costs), expenses, losses, damages, claims, liabilities, actions, proceedings or demands incurred or suffered by us arising from or in connection with the provisions by us and the use or misuse by You (or anyone on Your behalf) of the i-Banking Services or any part thereof and in protecting our interests.
We shall not be liable to You for any loss or damage which may occur through any breach of confidentiality through the use or misuse of the i-Baking Services by You or any person on Your behalf.
CANCELLING i-BANKING SERVICES
You have the right to cancel your membership and use of our i-Banking Services, or any of the individual services forming part of the i-Banking Services, at any time. You can do this by calling us on +44 (0)207369 8888 or by emailing us at ld.contact@shacombank.com.hk.
Once you have let us know that you would like to cancel, we will terminate Your access to and use of the i-Banking Services or of the particular service from which You wish to unsubscribe. All licences, other rights and privileges granted to You under these Terms and Conditions will cease.
LINKING TO OUR SITE
You may link to our home page, provided You do so in a way which is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by You.
Our site must not be framed on any other site, nor may You create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact us by email on ld.contact@shacombank.com.hk.
THIRD PARTY LINKS
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
GENERAL
We have a licence for or own all copyrights for our Website and all trademarks and other materials used on it.
All notices to be given by us to You under these Terms and Conditions may be sent by post, by email or electronically through the i-Banking Service.
If any part of these Terms and Conditions proves to be unenforceable in any way, this will not affect the validity of the remaining Terms and Conditions. We may occasionally give You extra time to comply with Your obligations or decide not to exercise some of our rights, however if we do this, we can still decide to apply these terms strictly at a later date.
You shall not submit to the Website or use in any way on the i-Banking Services any material or content that is illegal, inaccurate, misleading, misappropriated, infringing, defamatory, obscene, offensive or otherwise objectionable, or otherwise do anything in violation of applicable laws.
Any software that is available to download from the Website is the copyrighted work of us and/or our affiliates or suppliers. The software is made available to be downloaded by You solely in accordance with the end user licence agreement ("EULA") that applies to the software. Any reproduction, distribution or dealing with the software other than in accordance with the EULA is prohibited.
These Terms and Conditions are subject to English law. The English courts shall have jurisdiction.
If You want to make a complaint about anything covered by these Terms and Conditions or the service you are receiving from us, please contact us in the first instance at: ld.contact@shacombank.com.hk or by telephone +44 (0)207369 8888. Please give us full details of your complaint and how you think we can help.
We aim to resolve all complaints as quickly as possible. However, if You are not satisfied with the response you receive, we will explain the other options available to you.
If Your dispute cannot be resolved by our internal complaints procedures, You may be entitled to make a complaint to the Financial Ombudsman Service:
The Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London E14 9SR
www.financial-ombudsman.org.uk
Phone: 0845 080 1800
