Investment eStatement Service Terms & Conditions
Please note that the eStatement Service (as defined below) offered by China Construction Bank (Asia) Corporation Limited (the "Bank") is subject to the following eStatement Service Terms and Conditions, in addition to the “Terms and Conditions for Online Banking Services”, “Terms and Conditions for Investment Services”, “Risk Disclosure Statements for Investment Services”, “Terms and Conditions in relation to Online Securities Trading Services” and any other terms and conditions related to online banking services or online securities trading services as agreed between you and the Bank from time to time (where applicable).
"Computer System" means the computer equipment, mobile devices, other equipment or devices, and all hardware, software, application and modem connected to or contained in it which is required to access the Online Banking Services.
"Mobile App" means such mobile application software as may be designated by the Bank from time to time.
"Online Banking Services" means the services rendered by the Bank via the Website and/or Mobile App which enable the Customer to obtain information or data from the Bank and/or give instruction to the Bank including but not limited to effecting transactions through the Bank by the use of the Computer System.
"Website" means www.asia.ccb.com or such other website(s) as the Bank may from time to time host.
- The Bank has your authority and instructions to make available through the Bank's Online Banking Services such securities trading statements (the "eStatements", each referred to as an "eStatement") issued or provided by the Bank from time to time relating to your specified investment account(s) in electronic form for your access or use (the "eStatement Service").
- You acknowledge and agree that the Bank will maintain the eStatements on the Online Banking Services for your access or use for such period in accordance with all applicable laws, regulations and rules and as the Bank may consider appropriate from time to time.
Risks Associated with the eStatement Service
- You understand and accept that the use of the eStatement Service will be subject to the principal risks highlighted in clauses 4 to 9 below.
- You understand and accept that appropriate Computer System, internet access and a specific email address provided and designated by you are required for using the eStatement Service, and it is your responsibility to ensure the same meet the minimum software / hardware requirements for using the eStatement Service. Your failure to meet these minimum requirements may result in your inability to receive eStatements from the Bank.
- Although the Bank will use reasonable endeavours to ensure that the eStatements will be made available on the Online Banking Services in a timely fashion, there may be a time lag in transmission of data online. You understand and accept that the eStatement Service (including email notices) and Online Banking Services are subject to (and may suffer failure or delay in processing and/or transmitting orders, communications or information as a result of) certain information technology risks and disruption, including interruption, failure of hardware or software, errors, transmission blackout, delayed transmission due to online traffic or incorrect data transmission due to the public nature of the internet, market volume or volatility, system failure or upgrades or maintenance or for other reasons. Accordingly, there may be time lag between the date of issuance of an eStatement and the date on which the same is made available at the Online Banking Services.
- You understand and accept that you may incur additional costs for using the eStatement Service. You may also be required to pay a reasonable charge for obtaining a copy of any eStatement that is no longer available for access and downloading through the Online Banking Services. You agree to bear, and authorize the Bank to debit from your settlement account or other account (if applicable) with the Bank for this purpose, any fees, charges or expenses incurred in connection with the use of the eStatement Service, including, without limitation, fees, charges or expenses which may be imposed by:
- (a) the Bank for obtaining a copy of any eStatement that is no longer available for access and downloading through the Online Banking Services; or
- (b) any service provider or telecommunications company (whether or not designated by the Bank) for providing or servicing your telecommunications equipment in connection with the eStatement Service.
- You agree to maintain sufficient available funds and/or credit in your settlement account or other account (if applicable) with the Bank to cover such accrued fees, charges or expenses.
- You understand and accept that email (and any other channel(s) specified by the Bank) will be the only notice issued by the Bank to inform you that eStatements have been posted and are available through the Online Banking Services. You agree that all such notice sent by the Bank by email to your designated email address (as you inform to the Bank from time to time) shall be deemed duly issued, served and received by you. You further agree that the eStatements posted on the Online Banking Services shall be deemed duly provided to you. You understand that you are responsible for checking and should check your designated email address regularly for the notices. You are also responsible for accessing and should access to the eStatements through the Online Banking Services after any transaction conducted through the Bank. The Bank will not assume any liability or responsibility for any delay of notification or non-notification, or inability on your part to receive such notification (whether or not due to your failure to provide a valid email address). You must notify the Bank immediately (via such means and in such form and manner as shall be acceptable to the Bank) should you fail to receive, or if there is any delay in or other irregularities or problems relating to the receipt of the notification or in connection with the eStatements.
- You understand and accept that revocation of consent to the provision of the eStatement Service ("opting out") will be subject to your giving of advance notice of opting out as the Bank may reasonably require. Upon opting out, all historical eStatements posted through the Online Banking Services may be removed upon the Bank ceasing to provide the eStatement Service to you. You are therefore advised to keep proper copies of eStatements before giving notice of opting out to the Bank. You acknowledge that the eStatement Service is provided through the Online Banking Services and will be terminated immediately in the event that your Online Banking Services are terminated and/or the specified investment account registered with the eStatement Service has been closed.
- You confirm that you have assessed and analyzed and therefore understand, acknowledge and accept the possible risks involved in using the eStatement Service, including, without limitation, the eStatements being intercepted, monitored, amended, tampered with or being sent or disclosed to other parties without your authorization. You agree that the Bank will not be liable for any disclosure of confidential information not herein authorized where you have not complied with these eStatement Service Terms and Conditions or such other security guidelines or recommendations that the Bank may issue from time to time.
Other Terms of the eStatement Service
- You must notify the Bank as soon as practicable upon any change in your designated email address for receiving notice of posting of eStatements from the Bank. Your failure to notify the Bank of any change in your designated email address will result in your inability to receive notice from the Bank that eStatements have been posted and are available through the Online Banking Services.
- You should never provide your account or personal information on screen following a website hyperlink from any electronic mail. All website hyperlinks authorized by the Bank will be for information only and will not require the inputting of your account or personal information. You agree and undertake not to hold the Bank liable or in any way responsible for any loss, damages or expenses that you shall incur, including, without limitation, any loss or damage caused to your data, software, computer, telecommunications equipment or other equipment in connection with your use of the eStatement Service unless they are caused solely and directly by the gross negligence or wilful default of the Bank.
- You agree to promptly examine the eStatements upon receiving notice from the Bank that the eStatements are available for viewing through the Online Banking Services, to ensure that any errors are detected and reported to the Bank as soon as practicable. You shall be deemed to have agreed to waive any rights to raise objections or pursue any remedies against the Bank in respect thereof unless you notify the Bank in writing of any errors, discrepancies, unauthorized debits or other transactions or entries arising from whatever cause, including, but without limitation, forgery, forged signature, fraud, lack of authority or negligence on the part of the Bank or of any other person within 90 days of the date of issuance of the relevant eStatement.
- You are advised to save an electronic copy of the eStatements on your own computer storage and/or keep printouts/copies of the eStatements for your own record and future reference.
- You understand and acknowledge that replying or responding to email notification of eStatements is not a valid means of communication with the Bank, and the Bank is under no duty or responsibility to respond to, take or refrain from taking any action(s) whatsoever in relation any such attempted communication.
- If you have successfully registered for the eStatement Service, you understand and acknowledge that upon such successful registration and without notice by the Bank, the Bank will stop sending physical/hard copies of the eStatements to you.
- For joint account holders who have successfully registered for the eStatement Service, the Bank is authorized to provide the eStatements to joint account holder(s). Upon successful registration for the eStatement Service by all joint account holders, all joint account holders will be able to view the eStatement via their own Online Banking Services accounts.
- The Bank shall not be in any way liable or responsible for any loss or expenses arising out of or in connection with the unavailability of your access to the eStatements or the loss of the eStatements.
- The Bank reserves the right to determine and specify the scope and features of the eStatement Service, and is entitled to modify, expand or reduce the same at its sole discretion from time to time, with or without notice to you. You acknowledge and agree that the Bank may vary or suspend the eStatement Service at any time and in such manner as the Bank may prescribe from time to time without prior notice to you.
- The Bank may at any time and at its discretion terminate the eStatement Service, and shall have no liability whatsoever to you for doing so. The Bank shall give you prompt notice of any such termination of the eStatement Service.
- The Bank shall have the sole and absolute discretion to determine whether or not to accept any application for the eStatement Service. The Bank shall not be obliged to give any reason for any refusal or rejection to accept any such application.
- If there is any inconsistency between the eStatement Service Terms and Conditions set out above, “Terms and Conditions for Online Banking Services”, “Terms and Conditions for Investment Services”, “Risk Disclosure Statements for Investment Services”, “Terms and Conditions in relation to Online Securities Trading Services” and any other terms and conditions related to Online Banking Services or online securities trading services as agreed between you and the Bank from time to time, the eStatement Service Terms and Conditions as set out above shall prevail in respect of the eStatement Service. If there is any discrepancy between the English version and Chinese version, the English version shall prevail.
Amendments
- The Bank may revise the Investment eStatement Service Terms & Conditions and/or introduce additional terms and conditions at any time and from time to time. Any revision or addition to Investment eStatement Service Terms & Conditions shall become effective subject to the Bank giving reasonable notice to you which may be given by posting it on the Website or by such other physical or electronic means as the Bank thinks fit, and shall be binding on you if you continue to maintain or use the eStatement Service on or after the effective date of the revision or addition.