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Terms for BOC e-Banking Services
Bank of China Limited Macau Branch (hereinafter the “Bank”) is committed to combining electronic technology with banking services to provide Clients with safe, convenient and efficient banking services. These Terms for Bank of China Macau Branch e-Banking Services (hereinafter these “Terms”) are applicable to e-Banking Services provided by the Bank to the Clients. The Conditions for Services are an integral part of these Terms, in case there is any inconsistency or discrepancy between the Conditions for Services and these Terms, these Terms shall prevail.
By using or attempting to use the e-Banking Services, the Client acknowledges that he has accepted and agreed to be bound by all of the following terms.

  1. 1. Definitions and interpretations
      1. 1.1 Unless otherwise provided by law, the following terms shall have the meanings as defined below in these Terms:
      2. “e-Banking Services” means the banking services as approved and provided by the Bank from time to time and used by the Client via Internet, telephone or electronic network or equipment.
      3. “Online Banking Services” means the e-Banking Services provided by the Bank to the Client via Internet. Online Banking Services shall include BOCNET (Personal) and BOCNET (Corporation). The Client may carry out banking transactions or access banking services by electronically inputting the corresponding online banking User Name / Corporate Code / User ID and Login Password at the designated website of the Bank.
      4. “Mobile Banking Services” means the “BOC Mobile Banking” provided by the Bank to the Client via Internet, the Client may carry out banking transactions or access banking services by inputting the corresponding online banking User Name and Login Password at the designated website of the Bank via mobile phone.
      5. “Agreement Signing” means the signing arrangement for e-Service Instruction or other communication documents as set out in the agreement in relation to e-Banking Services, and the subsequent change of signing arrangement as notified in writing by the Client to and accepted by the Bank.
      6. “Bank” means Bank of China Limited Macau Branch.
      7. “Agreement” means the agreement between the Client and the Bank in relation to provision of e-Banking Services.
      8. “Business Day” means a day on which the Bank is open for business.
      9. “Client” means a person who uses the e-Banking Services provided by the Bank.
      10. “Electronic Input” means the electronic message sent to the Bank via electronic equipment, which is received and approved by the computer system of the Bank.
      11. “Instruction” means the electronic instruction of the e-Banking Services.
      12. “e-Service Instruction” means any instruction given by the Client to the Bank via Electronic Input subject to the provisions and procedures set out in Paragraph 4.3 of these Terms.
      13. “e-Banking Number” means the identification number issued by the Bank to the Client for his application for the use of telephone banking services.
      14. “e-Banking Password” means the identification password issued by the Bank to the Client for his application for the telephone banking services to carry out banking transactions, and the identification password set by the Client subsequently.
      15. “User Name” means the user code set by the Client when applying for the Online Banking Services or Mobile Banking Services.
      16. “Login Password” means the identification password set by the Client when applying for the use of BOCNET (Personal) or Mobile Banking Services.
      17. “Corporate Code” means the corporate code containing 8-12 digits of English letters or numbers registered by the corporate Client when applying for the use of BOCNET (Corporation).
      18. “User ID” means the user code containing 8-12-digit of English letters or numbers registered by the corporate Client for each of its user of BOCNET (Corporation).
      19. “User Password” means the identification password set by each user when the corporate Client applies for the transaction of BOCNET (Corporation) services.
      20. “Password” generally refers to e-Banking Password, Login Password, User Password or other password of the Client for use of the e-Banking Services.
      21. “WeChat” means the mobile communication application provided by Tencent Holdings Limited.
      22. “Binding” means the way in which BOC Mobile Banking Services are connected to the personal WeChat account for the Client to use e-Banking Services.
      23. “Transaction” means the execution of instructions or provision of relevant banking services by the Bank from time to time or at its absolute discretion through lawful and reasonable approaches.
      24. “Two-Factor Authentication Tool” means the electronic instrument or random password provided or designated by the Bank and/or provided by a third party certification institution upon approval of the Bank for confirmation on the identity of the Client. Below are valid electronic instrument or random password (which are not conclusive, and the Bank may provide or designate the channel to be used or service method to be provided):
        - “e-Certificate” means the electronic certificate issued by the Post Office of the Macau Special Administrative Region, which is an electronic document for storing the identification information of Client and for digital signing on sensitive information of electronic banking sent by the Client.
        - “One-Time Passcode” means a randomly changing password generated based on the Client’s private identity information upon introduction of uncertain factors, so that the password used by the Client each time is dynamically variable and unpredictable. The One-Time Passcode will be generated and issued by an electronic instrument provided or designated by the Bank from time to time, and/or a One-Time Passcode message received by the mobile phone number designated by the Client upon approval of the Bank.
      25. “Terms” means the Terms for BOC e-Banking Services and its amendments.
    1. 1.2 The headings of paragraphs in these Terms are inserted for reference only and shall not affect the interpretation of these Terms.
    2. 1.3 Unless the context otherwise requires:
      1. (a) words importing the singular include the plural and vice versa;
      2. (b) words importing a gender include other genders;
      3. (c) words importing a person include all legal entities with or without legal personality.
    3. 1.4 The English version of these Terms is for reference only. In case there is any discrepancy between the Chinese version and the English version, the Chinese version shall prevail.
  2. 2. Scope of services and services available
    1. 2.1 The Bank may adjust the banking services and scope of transactions provided under the e-Banking Services from time to time.
    2. 2.2 The Bank has the absolute discretion to refuse execution of any instruction from the Client or withdraw any transaction made by following the e-Service Instruction without prior notice or giving any reason. In addition, the Bank has the absolute authority to cancel or suspend all or any part of the method or channel through which the e-Banking Services are provided.
    3. 2.3 The Bank has the absolute discretion to take the Client’s instruction to be the agent of the Client to execute other transactions with a third party on his behalf. In such circumstance, the sole responsibility of the Bank is to forward or transfer the instruction to the third party, and the Bank shall be deemed to have discharged its responsibility when the relevant instruction is transferred. The Bank shall not be responsible for the act, default, omission, non-compliance, non-performance, delay, fraud or negligence of such third party or take any contingent liability as a result thereof (including without limitation such third party’s failure to execute or delay in execution of an instruction issued by the Bank on behalf of the Client). The Client acknowledges and confirms that the transactions executed with a third party by the Bank as the agent of the Client are subject to the applicable law. In addition, in order to execute such transactions with the third party, the Client agrees and authorizes the Bank to disclose any information of the Client to such third party.
    4. 2.4 The Client hereby authorizes the Bank to request BOC Credit Card (International) Co., Ltd. to provide the credit card account information of the Client, so that the Client can operate the relevant account through e-Banking Services.
    5. 2.5 The Client acknowledges that the Client shall be solely responsible for any and all losses as a result of the suspension or cancellation of the e-Banking Services for whatever reason, or the Client’s failing to use the e-Banking Services for any other reason, and shall have no claim against the Bank. The Client shall implement his intended transactions by other methods.
    6. 2.6 The Client acknowledges that he shall agree to enter into or confirm the investment service agreement and other relevant agreements at the counter and/or any channel for the use of e-Service Instruction to carry out foreign exchange, gold and/or precious metals, funds, securities and other investment and financial management transactions, he is fully aware of the risks in relation to the investment businesses, and shall be solely responsible for the consequences resulting from the investment transactions by use of e-Service Instruction.
  3. 3. Terms governing any individual transactions
    1. 3.1 In addition to these Terms, any transaction conducted by use of the e-Service Instruction shall also be subject to the terms governing the relevant category of transactions. The Client acknowledges that he will continue to comply with and be bound by such terms.
    2. 3.2 In case there is any conflict between the terms governing the relevant category of transactions and these Terms:
      1. (a) if the individual terms governing the relevant category of transactions contain any priority provision on these Terms and the relevant individual terms, then such priority provision shall be followed in determining which terms shall prevail;
      2. (b) if the individual terms governing the relevant category of transactions do not contain any priority provision on these Terms and the relevant individual terms, then the relevant individual terms shall prevail.
    3. 3.3 The Client shall comply with various rules on e-Banking Services of the Bank, including without limitation the user reference book or manual for “BOCNET (Corporation)” (whether on paper or in electronic form).
  4. 4. Use of e-Service Instruction
    1. 4.1 The Client shall be responsible at his own expense to apply for, install, acquire and maintain proper equipment for use of the e-Banking Services or, as the case may be, give instructions to the Bank.
    2. 4.2 For purpose of using the e-Banking Services via mobile communication system, the Client has registered or will register at the relevant communication network provider, and will apply for the equipment as designated by the Bank. The Client shall be solely responsible for the arrangement between the Client and the communication network provider.
    3. 4.3 Any e-Service Instruction must be issued:
      1. (a) through mobile communication system, or via the machinery or computer or other equipment as approved by the Bank for use of the e-Banking Services, and
      2. (b) upon/at the request of the Bank (such request may be issued in the form of electronic image or digital sound or other electronic means, as the case may be), the Client must input the following information through Electronically Input:
        1. (i) his e-banking account number or user name in relation to the e-Banking Services; and
        2. (ii) his password in relation to the e-Banking Services; and/or
        3. (iii) any other information in relation to the identity of the Client (including without limitation the name, identity card number etc. of the Client); and
      3. (c) upon/at the request of the Bank (in the form as mentioned above), the Client shall select the transactions to be executed and provide or input the information and details as requested by the Bank.
    4. 4.4 The Client agrees that, unless otherwise agreed by the Bank expressly, any change, amendment or withdrawal of an e-Service Instruction issued by the Client through mobile communication system must be issued through the same mobile communication system. The Client acknowledges that the Bank may choose to use other media to communicate with the Client on the transactions made through the mobile communication system.
    5. 4.5 Without prejudice to the Bank’s right to refuse accepting any direction under Paragraph 2.2 of these Terms, all directions shall be irrevocable with final binding effect on the Client once issued under Paragraph 4.3 of these Terms, no matter whether such instructions are issued by the Client himself or by any other person on his behalf (with or without authorization).
    6. 4.6 If it is necessary, the Client shall obtain a digital certification issued by a certification institution as approved by the Bank in order to use BOCNET (Corporation).
  5. 5. Acceptance and execution of instructions
    1. 5.1 For purpose of any instruction, upon receiving an instruction issued under Paragraph 4.3 of these Terms, the Bank shall consider such instructions to be given by the Client. The Client shall be responsible for all transactions in relation to execution of such instructions and all liabilities resulting therefrom.
    2. 5.2 Unless otherwise agreed, the Bank only accepts or executes an instruction in relation to a transaction. But in case any instruction in relation to any other arrangement is accepted or executed by the Bank, regardless of the reason of acceptance or execution, such instruction and the arrangement executed according thereto shall be binding on the Client.
    3. 5.3 Only instructions issued to the Bank during the time when the Bank accepts individual category of transactions at its absolute discretion will be accepted and executed by the Bank.
    4. 5.4 The Client is aware of the risks of error, delay or incomplete information that may incur in the communication. The books and records of the Bank shall be the final evidence of the relevant transaction records unless the Client proves that the Bank has made a manifest mistake.
    5. 5.5 The Client shall follow up on whether the individual transaction has become valid, and declare he is aware that some transactions may be automatically rejected due to the setting of the system, the Client confirms that he will bear the risks arising therefrom.
    6. 5.6 Notwithstanding anything to the contrary in the provisions governing the contemplated individual transactions, the Bank has the right to issue any order or enter into or execute any arrangement or make any record to carry out any instruction, without verifying in advance (i) whether there is sufficient funds or pre-arranged credit balances in the Client’s designated account; and/or (ii) there are sufficient items in the Client’s account to be used for execution in accordance with the instruction.
    7. 5.7 The Bank will not accept or execute the instruction if there is insufficient funds or pre-arranged credit balances or there is insufficient items in the Client’s designated account for execution of the contemplated transaction. In case the Banks fails to execute any instruction due to any of the above reasons, the Bank shall not be responsible for any consequence resulting therefrom.
    8. 5.8 Even if there is insufficient funds or pre-arranged credit balances or there is insufficient items in the Client’s designated account, and notwithstanding anything to the contrary in any provision and facility of the contemplated individual transaction, the Bank has the absolute discretion to accept and execute the instruction without prior notice to the Client or obtaining his consent. The Client shall be responsible for the debit or overdraft, advance payment or credit (or any increase thereof) and all standard charges of the Bank in relation thereto. Such arrears together with their interest shall be repaid upon request by the Bank. The interest shall be calculated from the date of execution of the relevant instruction to the date of actual repayment (both days inclusive), and the interest rate (whether before or after judgement) shall be the applicable interest rate as determined by the Bank without any overdraft arranged.
    9. 5.9 If any debt exists under Paragraph 5.8 of these Terms, the Bank has the right (but shall not be obliged) to enter into other transaction at any time and price (without any obligation to obtain the best price) as it considers necessary to offset or counter trade the transaction executed in accordance with the instruction without notifying the Client. Any loss, damage, liability or cost suffered or incurred as a result thereof shall be borne by the Client, and shall be deducted by the Bank from any account of the Client as determined by the Bank. However, any proceeds are absolutely vested in the Bank and shall be retained for the Bank’s use and benefit. Any written certification issued by the Bank on such loss, damage, liability or cost shall be final and binding on the Client.
    10. 5.10 Without prejudice to Paragraph 5.3 of these Terms, even if the Bank has received and immediately executed an instruction outside the normal business hours of banks in the Macau Special Administrative Region, under the discretion of the Bank, any transaction immediately executed in accordance with the instruction may be deemed to be effective on the following day / next few days.
    11. 5.11 For any transaction in which the Client instructs via the e-Banking Services to transfers funds from the relevant account, the Bank shall not be liable if the receiving bank refuses or delays payment of the funds to the intended payee for any reason.
  6. 6. Notice and irrebuttable evidence
      1. 6.1 (a) Unless otherwise determined by the Bank, the Bank will not issue any notice for the transaction executed in accordance with the instruction via e-Banking (“e-Banking Instruction”). If the bank decides to issue notice to the Client on certain e-Banking transactions in relation to deposit and/or withdrawal as it executed in the account in accordance with an e-Banking Instruction to set out such e-Banking transactions, such notice will be periodically or immediately sent to the Client by the Bank electronically for records, or kept at the Bank for the Client to collect upon the Client’s request, but shall be deemed to have been sent to the Client for handling, or be reviewed and downloaded by the Client at the BOCNET (Personal) subject to the “Terms and Conditions for e-Statement Services”.
      2. (b) if the Client makes any e-Banking Instruction in any period during which the notice on e-Banking Services is issued, and it is clear that the bank will issue notice setting out such e-Banking transactions, while the Client fails to receive such notice after a reasonable period of time, the Client acknowledges that he shall inform the Bank in an appropriate manner. The Client also acknowledges that the Client’s request to keep at the Bank for collection or sending via e-Statement represent that the Client has received the relevant notice and/or statement.
      3. (c) the Client shall be responsible for checking and verifying the contents of any statement and/or notice and shall, within 90 days upon issuance of the relevant statement and/or notice or any time period as agreed by the parties or any reasonable time as determined by the Bank, report any error or omission or discrepancy in the statement and/or notice to the bank. Otherwise, the Client shall be considered to have confirmed the contents of the notice even if the Client has not had the opportunity to verify the account statement or passbook (as the case may be) in relation to the electronic transactions during such period.
      4. (d) If the Client requests the Bank not to issue any notice on electronic transactions to him and such application is accepted by the Bank, the Client shall be responsible for verifying the electronic transaction records in the relevant account statement or passbook (as the case may be).
      5. (e) A notice requested by the Client to be kept at the Bank will be retained for a certain period of time (the Bank may change the retention period from time to time and at any time without prior notice to the Client), in case such notice is not collected by the Client after the retention period for the notice, the Bank has the right to dispose of the notice at its discretion without prior notice to the Client.
      6. (f) By applying for the “e-Statement Services”, the Client agrees to the “Terms and Conditions for e-Statement Services”, as such, any notice or statement for electronic transactions with “e-Statement Services” in the relevant application will also be subject to these Terms and the “Terms and Conditions for e-Statement Services”. In such circumstance, if there is any discrepancy between the relevant provisions and rules (if any) of these Terms and the “Terms and Conditions for e-Statement Services”, the “Terms and Conditions for e-Statement Services” shall prevail.
    2. 6.2 The Client authorizes the Bank to make independent records in the Client's designated account for the relevant transactions executed through e-Service Instruction.
    3. 6.3 The Client acknowledges that all instructions may be recorded. Any book and record of the Bank for any instruction and/or execution thereof, except those with obvious errors, shall be irrebuttable evidence at all courts to the Client in all respects.
  7. 7. Proceeds from execution of transactions through e-Service Instruction
    1. 7.1 Unless otherwise agreed by the Bank, any proceeds payable to the Client from any transaction completed through e-Service Instruction may only be credited to the bank account with the account holder name identical to that of the Client or deposited at the Bank in the name of the Client.
    2. 7.2 If the Bank receives any challenge, claim or dispute (with or without sufficient grounds) on any proceeds from transaction, the Bank may (but shall not be obliged to) at its absolute discretion refuse to allow or execute any withdrawal and/or disposal of any proceeds from transaction, until such dispute or challenge on the relevant transaction is clarified with the Bank to its satisfaction.
  8. 8. Limitation on transactions through e-Service Instruction
    1. 8.1 The Bank may, at any time and from time to time upon notifying the Client in advance, set the maximum and/or minimum daily/per item total amount and/or personal transaction limit with respect to the amount, quantity or currency of transactions executed through e-Service Instruction, provided that the Bank may waive or change any limitation on transactions if it considers appropriate.
    2. 8.2 Unless otherwise agreed by the Bank, instructions are limited to those in relation to transactions carried out or executed between different accounts under the name of the Client (except for enquiries on financial news).
    3. 8.3 The Client hereby agrees and acknowledges that any e-Banking Services arrangement for payment between different accounts (whether belong to the Client or any third party) must be approved by the Bank before being accepted, and such arrangements shall be subject to the daily transfer or withdrawal limits or procedures as determined by the Bank from time to time. For the avoidance of doubt, in case any lower daily maximum limit has been approved for any third party account, such limit (rather than the limit previously set by the Bank) will prevail.
    4. 8.4 The Client acknowledges that the e-Banking Services are operated on a digital system. If the Client's instruction to the bank involves payment between different accounts, the Bank will act based on the account number provided by the Client through Electronic Input. The Client must verify that the account number is correct before issuing the relevant instruction. The Client shall be solely responsible for any loss due to incorrect entry of account number by the Client.
  9. 9. Password and authorized users
    1. 9.1 The Client hereby undertakes to keep the Password confidential.
    2. 9.2 The Client acknowledges that the Client must attend the Bank in person to collect the default password issued by the Bank or the default password issued by the Bank in any other manner as determined by the Bank. For purpose of the Online Banking Services, at the request of the Bank at its discretion, the Client may have to reset the password before carrying out other transactions.
    3. 9.3 In case the Client loses the Password or if there is any actual or suspected unauthorized use of Password, the Client must notify the Bank in writing immediately. Before such notice is actually received by the Bank, all transactions executed under instruction of the Client by using e-Banking Services through Electronically Inputting the relevant password shall be deemed transactions made by the Client.
    4. 9.4 The Client acknowledges that he is responsible for the custody of the Password and will properly maintain the Two-Factor Authentication Tool, One-Time Passcode and/or the relevant electronic device. In case any Password, Two-Factor Authentication Tool, One-Time Passcode and/or the relevant electronic device is used by unauthorized person or used for unauthorized purpose, he shall bear all risks resulting therefrom.
    5. 9.5 The Client acknowledges that for the Bank to provide Two-Factor Authentication Tool, the Client will attend the Bank in person to sign the application for use of Two-Factor Authentication Tool, and comply with the relevant provisions in this agreement. For purpose of the e-Banking Services, upon the Bank’s request at its discretion, the Client may, at the time when making the transactions, have to operate the relevant Two-Factor Authentication Tool and/or receive One-Time Passcode as shown and/or Electronically Input the One-Time Passcode etc. to enable the Bank to authenticate the Client’s identity. Use of such electronic devices or One-Time Passcodes shall be agreed by the Bank, which has the absolute discretion to determine the withdrawal or suspension for the use of such electronic devices or One-Time Passcodes at any time.
    6. 9.6 Clients using “BOCNET (Corporation)” may request to use transaction password or e-Certificate as the trading authentication tool for “BOCNET (Corporation)”. The primary user and delegate user may use their Password for identification and certification in “BOCNET (Corporation)”. The primary user’s Password for “BOCNET (Corporation)” (including Login Password and transaction password) will be issued by the Bank when applying for “BOCNET (Corporation)”. The delegate user’s Password for “BOCNET (Corporation)” (including Login Password and transaction password) will be set by the primary user in “BOCNET (Corporation)”. The e-Certificate of each user must be bounded with the system of the Bank before being used in “BOCNET (Corporation)”. In case the Client is aware of or believe that the user’s “BOCNET (Corporation)” Transaction Password or e-Certificate Password is disclosed, lost or stolen, or there is any unauthorized transaction, the Client must inform the Bank as soon as possible. The Bank shall not be liable for any online transaction and instruction made by the Client before receipt of notice. In case the Client acts fraudulently or in gross negligence, or allows any third party to use “BOCNET (Corporation)” Transaction Password or e-Certificate Password of his users, or fails to comply with these Terms, the Client shall be responsible for all losses resulting therefrom.
    7. 9.7 The Client of “BOCNET (Corporation)” will appoint one or more authorized persons with the authority to: sign the application documents, agreements and terms for “BOCNET (Corporation)”, set, add or delete various users who operate Online Banking Services on behalf of the Client, register or deregister the accounts in BOCNET (Corporation), change transaction limits, and delete or add services or functions. The acts of an authorized person for “BOCNET (Corporation)” as designated by the Client shall only be binding within the scope of authorization and shall not affect the relevant authority set by the Client in other services of the Bank. The Client may, after giving the Bank the required notice and complying with the procedures prescribed by the Bank, change the authorized persons or signing arrangement for the Client’s “BOCNET (Corporation)”.
    8. 9.8 The Client may only give instruction to the Bank to change the authorized persons referred to in the above Paragraph 9.7 in the way informed by the Bank in accordance with the signing arrangement in the new power of attorney of the Client and the provisions of the Bank. Before the supporting documents on cancellation of authorization for “BOCNET (Corporation)” are received by the Bank from the Client, the acts of the authorized persons in accordance with the Client’s signing arrangement shall be binding on the Client and irrevocable. Their authorizations will continue to be valid until the supporting documents showing that the legal status of the relevant Client has expired or the above notice from the Client are received by the Bank, notwithstanding any change in the Client’s articles of association, shareholders’ resolutions, board resolutions and other relevant documents.
    9. 9.9 Users who operate “BOCNET (Corporation)” on behalf of the Client may include one or more primary users and delegate users, such users are identified by their passwords in “BOCNET (Corporation)”.
    10. 9.10 The primary user of “BOCNET (Corporation)” has the authority granted by the Client under Paragraph 9.8, and may set the required permissions and trading limits for the operation of “BOCNET (Corporation)” by the Client, and may designate one or more other representatives (entrusted users) to exercise the relevant authority, so that such representatives may operate the Client’s account through “BOCNET (Corporation)” on behalf of the Client within the set scope of authority. All users who operate “BOCNET (Corporation)” on behalf of the Client must register with the Bank in advance, and the primary user shall not authorize another person to use the “BOCNET (Corporation)” Password of the Client for whom he acts, and all instructions to the Bank within his scope of authority shall be binding on the Client.
  10. 10. Information
    1. 10.1 The Client acknowledges that all information provided to the Bank at any time is true and complete to the Client’s best knowledge and belief. If there is any material change to the Client's information or if the information becomes untrue or misleading, the Client must notify the Bank as soon as possible.
    2. 10.2 In the course of transaction, all information reported by the Bank (including without limitation exchange rates, interest rates and market prices of securities and precious metals) is for reference only, and the information shall not be binding on the Bank unless the Client confirms the transaction within the specified period of time.
    3. 10.3 The Client agrees and acknowledges that the stock price information in relation to securities is provided by the Bank or other information providers selected by the Bank. Although the Bank and Hong Kong Exchanges and Clearing Limited and/or other information providers endeavor to ensure the accuracy and reliability of the information provided, the Bank and Hong Kong Exchanges and Clearing Limited and/or other information providers do not guarantee the accuracy and reliability of the information, and shall not be liable for the loss suffered by the Client due to the inaccuracy or incompleteness of the information.
  11. 11. Service fees
    1. 11.1 The Bank has the right to charge for provision of e-Banking Services for handling the instructions. The Bank may change such fees any time at its discretion. The Client hereby authorizes the Bank to deduct such fees from any account of the Client with the Bank.
    2. 11.2 The Bank reserves the right to retain all profits, rebates, commissions, fees, benefits or other proceeds (if any) arising from or in connection with the Bank's provision of e-Service Instruction and implementation of transactions in accordance with the instructions for the Bank’s own use and benefit.
  12. 12. Liabilities of the Bank
    1. 12.1 The Bank shall not be liable for any loss or damage suffered by the Client or any other person due to:
      1. (a) cancellation of provision of e-Banking Services or any part thereof; and/or
      2. (b) cancellation or suspension of any transaction to be implemented under the instruction through e-Banking Services or failing to be implemented or executed of any instruction directly or indirectly as a result of any circumstance or event outside the control of the Bank; and/or
      3. (c) any mechanical, electronic or other malfunction, failure, interruption, deviation or deficiency of the Bank’s telecommunications or computer systems or other equipment or devices, or erroneous transmission of any instruction, notice or any errors in the execution of any instructions (other than gross negligence or willful misconduct of authorized staff of the Bank), or any delay, loss (including loss of profits or any economic loss), cost or damage suffered by the Client as a result thereof.
      4. (d) any delay, interruption or suspension caused by any third party (including without limitation the service providers or equipment suppliers), which has interfered with, affected or disrupted the Bank's performance of its obligations under these Terms.
  13. 13. Indemnification by the Client
    1. 13.1 The Client shall indemnify the Bank against all kinds of loss, damage, expense (attorney’s fee or otherwise), litigation, demand, claim, legal procedure (whether actual or contingent) suffered or incurred by the Bank due to its provision of e-Banking Services to the Client or implementation of transactions through e-Service Instruction. Upon request, the Client shall pay the Bank (whose decision shall be final and binding on the Client) all amounts (whether actual or contingent) suffered or incurred by the Bank, together with the interest accrued from the date when the Bank first paid or incurred such amount to the time when payment is actually made by the Client in full, the interest rate (whether before or after judgement) shall be the applicable interest rate determined by the bank without an overdraft.
  14. 14. Notice
    1. 14.1 The Bank may give notice or other communication to the Client verbally, in writing, electronically or in a newspaper or other form as it deems appropriate.
    2. 14.2 When any staff or agent acting for the Bank gives notice to the Client or (as the case may be) any person consisting the Client or any of its authorized signatory orally in person or by phone, such oral notice or message will be deemed to have been duly delivered to and received by the Client.
    3. 14.3 Any written notice or communication shall be deemed to have been duly served to and received by the Client:
      1. (a) if delivered in person, at the time of delivery;
      2. (b) if posted by pre-paid postage, 48 hours after posting (seven days after posting if the Client's address is outside the Macau Special Administrative Region);
      3. (c) if sent by fax, at the time of transmission; and
      4. (d) if sent by any other means of telecommunications, at the time of sending.
    4. 14.4 Any written notice or electronic communication sent by the Bank to the Client will be deemed to have been duly delivered to the Client upon sending out to the Client’s last known address or fax number or email or mobile phone number as recorded with the Bank.
    5. 14.5 If the Client consists of two or more persons, any written notice or other communication sent to the last known address as recorded with the Bank or the last known address of any person consisting the Client shall be deemed to have been effectively delivered to the Client.
    6. 14.6 Besides the manners in which notices are given under Paragraph 14.1, all notices and announcements issued by the Bank posted or displayed in a branch of the Bank or at the lobby of a branch as determined by the Bank at its absolute discretion for three consecutive business days shall be deemed to have been duly issued and effectively communicated to the Client.
    7. 14.7 Any notice or communication from the Client to the Bank must be made in writing. Such notice shall be deemed to have been received when it is addressed and delivered to the Bank’s principal place of business or other branch in the Macau Special Administrative Region as determined by the Bank for the time being and notified the Client and upon it is actually received by the Bank.
  15. 15. Miscellaneous
    1. 15.1 If the Client consists of two or more persons, they shall be jointly and severally liable under these Terms.
    2. 15.2 Each of the terms and provisions in these Terms shall be severable to and independent of the other terms. In case any one or more terms or provisions become invalid or illegal or unenforceable at any time, the validity, legality and enforceability of the remaining terms under these Terms shall not be affected or impaired.
  16. 16. Amendment of these Terms
    1. 16.1 The Bank may amend the provisions of these Terms from time to time based on the actual circumstances, any notice of amendment will be issued in the manners prescribed in Paragraph 14.1 hereof. Any amendment to these Terms by the Bank will be effective immediately upon notice to the Client and shall be binding on the Client.
  17. 17. Compliance in relation to financial crimes
    1. 17.1 The Bank has full right to decide taking any action and measure as considered appropriate by the Bank to perform its obligations according to all applicable law, regulations, regulatory guidance and policies (including policies of the Bank), which shall include without limitation refusing or postponing the relevant trading instruction or service application, provision of limited services or termination of relationship with the Client with respect to prevention of money laundering, terrorist financing, bribery, corruption, tax evasion, fraud and sanctions.
    2. 17.2 The Bank or any agent of the Bank shall not be liable or compensate for any loss or damage suffered by the Client or any third party in connection with the above measures.
  18. 18. Termination
    1. 18.1 The Client may terminate the e-Banking Services at any time.
    2. 18.2 The Bank may terminate the e-Banking Services at any time by giving notice to the Client without any reason. This notice may take effect immediately if required. However, the Bank may terminate the e-Banking Services without prior notice for special reasons.
    3. 18.3 Termination of these Terms or accounts or services shall not affect the accrued entitlements or surviving transactions. The Bank shall remain to be authorized to settle any outstanding transactions.
  19. 19. Law
    1. 19.1 These Terms are entered into and construed in accordance with the law of the Macau Special Administrative Region. Any dispute arising during the performance of these Terms shall be resolved by negotiation, failing which any party may sue at the court of the Macau Special Administrative Region.