Live Chat Terms of Use (“Terms of Use”)

Live Chat (“Live Chat”) is a communication channel provided by China Construction Bank (Asia) Corporation Limited (the “Bank”, “we”, “us” or “our” which shall include the Bank’s successors, assigns, transferees and any person deriving title under any of them), to enable the Bank’s customer service representatives in call centres (our “Customer Service Representatives”) to interact with you, after identity authentication, through embedded windows live chat on screen.

Our Customer Service Representatives aim to provide you with general helps and supports on Live Chat by assisting you on:

  1. - Your navigation of the Mobile App and our Website;
  2. - Your access to the Bank’s Online Banking Services; and
  3. - Your general enquiries about the Bank’s products, services and promotions

(the “Assistances”)
subject to changes determined by the Bank at our sole discretion from time to time. The Bank will not provide any account or transaction specific functions through Live Chat.

Live Chat is provided as part of the Bank’s Online Customer Services. Please read the Terms and Conditions for Online Customer Services before using Live Chat. These Terms of Use are in addition to and shall be read in conjunction with, as applicable,

  1. Terms and Conditions for Online Customer Services;
  2. Terms and Conditions for Online Banking Services;
  3. Terms of Use and Privacy Statement;
  4. Notice to Customers relating to the Personal Data (Privacy) Ordinance;
  5. Terms of Use in CCB (HK&MO) Mobile App (Android);
  6. Terms of Use in CCB (HK&MO) Mobile App (IOS);
  7. Terms and Conditions for CCB (Asia) Biometric Credential Logon Service (CCB (Asia Mobile App) (Android)); and
  8. Terms and Conditions for CCB (Asia) Biometric Credential Logon Service (CCB (Asia Mobile App) (IOS))

    9. (collectively, the “General Terms”).

    and these General Terms are incorporated by reference, form an integral part of these Terms of Use applicable to Live Chat.

    In the event of a conflict between these Terms of Use and any of the General Terms, the Terms of Use shall prevail to the extent of such conflict, insofar as Live Chat are concerned. Your use of Live Chat constitutes acceptance of the General Terms and these Terms of Use.

  1. Live Chat

    Live Chat enables our Customer Service Representatives to interact with you and provide you with the Assistances, after successful identity authentication, through embedded windows live chat on screen on the Mobile App or through the Bank’s Online Banking Services. As the case may be, such Assistances may be provided via such other channels as approved by the Bank from time to time.

    Before you can use Live Chat, your identity will be authenticated by such authentication means as the Bank may in our discretion accept. After your identity is successfully authenticated and upon your request, our Customer Service Representatives may response to your enquiries about the Bank’s products, services and promotions. All products, services and promotions particulars mentioned by our Customer Service Representatives in Live Chat are subject to the respective terms and conditions, and you may refer to the relevant term and conditions available on https://www.asia.ccb.com for details.

    All information provided by our Customer Service Representatives when you use Live Chat is for your reference only. The information provided does not constitute any offer for any specific products or services, and shall not constitute nor be relied upon as any advice given by the Bank. Neither the Bank nor our Customer Service Representatives have the intention to provide any professional investment, insurance or other advice.

    Live Chat is not a channel for financial transaction or order taking, complaint lodging or direct marketing purposes, etc. For specific actions, please refer to other bank channels.

  2. Your use of Live Chat

    You must only use Live Chat for the purposes described in these Terms of Use. You must not use or attempt to use Live Chat to:

    1. (a)adversely affect the reputation of the Bank;
    2. (b)damage or interfere with Live Chat data, software, website or information technology systems;
    3. (c)act in any way that is unlawful or in breach of any applicable laws, to promote illegal activities or to perform any activity that is controversial to or infringes the rights of the Bank or others;
    4. (d)send any offensive, inflammatory, defamatory, fraudulent or otherwise unlawful information; or
    5. (e)cause annoyance or inconvenience to the Bank.

    You acknowledge that the Bank can terminate your use of Live Chat if the Bank reasonably believes that you have breached any provision in these Terms of Use.

    By using Live Chat, you acknowledge and agree that internet transmissions are never completely private or secure. You must take reasonable precautions to prevent any unauthorised or fraudulent use of your devices and keep any username, password and security code secure and confidential and must comply with the related provisions in the General Terms. You must notify the Bank as soon as reasonably practicable upon any notice or suspicion of your username, password, and/or security code being lost, stolen, compromised, or accessed or used without your authorisation.

    You shall indemnify the Bank from all loss and damage which the Bank may incur in connection with any of your improper use of Live Chat.

  3. Privacy

    Upon logging into Mobile App or the Bank’s Online Banking Services, the Bank may be able to identify you directly or indirectly through your log-in details.

    The Bank recognizes the importance of respecting your privacy. The Bank's Notice to Customers relating to the Personal Data (Privacy) Ordinance (as the same may be supplemented and amended from time to time) (“Privacy Notice”) provides information on how the Bank collects, uses, shares, and protects your personal data related to any data provided to the Bank, as well as the choices and access rights you have in regard to your personal data. By using Live Chat, you are bound by these terms. In particular, you acknowledge that the Bank will provide your personal data to its affiliates and third party service providers in accordance with the Privacy Notice.

    Without limiting the generality of the Bank's Privacy Notice the content of your interactions with the Bank through Live Chat (including but not limited to any voice, text and document) will be recorded and analyzed by the Bank. Such data may be used, retained, disclosed, transferred and accessed for the provision, accuracy and quality enhancement of the services and for such other purposes as stated in the Privacy Notice.

    The Bank will not disclose or ask you to disclose any sensitive personal or account information in its full form when we interact with you via Live Chat. You shall avoid disclosing personal or account information when using Live Chat unless you are making enquiries about your account or transaction and you are being asked by the Bank to provide partial information for verification purposes.

    The Bank may use technology such as cookies to monitor and analyse the information provided by you and the communications through Live Chat, and the Bank may use such information and content for the purposes of training or enhancement, or the provision of products or services by us.

  4. Transcripts and records

    For Live Chat quality enhancement and verification purposes, the Bank will retain a transcript of all communications with you via Live Chat. This information will be retained by the Bank up to a period of 7 years (or such other period as considered appropriate by the Bank) from the day upon which Live Chat communication took place. The Bank will not retain personal data for longer than is necessary for the fulfillment of the purpose (including any directly related purpose) for which the data is or is to be used.

    If the transcript of communication contains your personal data, you may refer to the Privacy Notice for requests for access to data or correction of data or for information regarding policies and practices and kinds of data held.

    The Bank may collect and process your geolocation data during your use of Live Chat. The data will be used for the purpose of tailoring our services to your current location and for the purposes of answering your enquiries on Live Chat.

    You agree, acknowledge and consent to the recording of all communications via Live Chat and you agree also not to challenge the validity, admissibility or enforceability of such recordings on the basis that they are in electronic form.

  5. Termination and Suspension

    The Bank has the right to immediately terminate or suspend your right to use Live Chat without notice if the Bank reasonably decides that you are at any time in breach of any undertaking or provision of these Terms of Use or any other related terms and conditions and agreements, or you are no longer eligible to use or access Live Chat for any reason.

    The Bank may terminate or suspend all or part of Live Chat at any time at our sole discretion without notice to you and without providing reasons. The Bank may at our sole discretion determine whether you are eligible to use Live Chat as the Bank considers appropriate.

  6. Warranties/limited liability

    Live Chat is provided by the Bank on an “as is” and “as available” basis. To the maximum extent permitted by law, the Bank excludes all express or implied representations, conditions and warranties whether statutory or otherwise.

    To the maximum extent permitted by law, the Bank will not be liable to you or any other party for any actions, proceedings, claims, losses or damages suffered by you arising from or connected with:

    1. (a)your use of Live Chat;
    2. (b)any indirect or consequential loss or for loss or corruption of data, loss of revenue or loss of profits, damage to software, mobile telephone or other equipment, whether in contract, tort or under statute or otherwise arising from or connected with your use of Live Chat;
    3. (c)any failure or delay in providing Live Chat for any reason (including as a result of failure or error of any computer or electronic system or equipment);
    4. (d)any voluntary or involuntary suspension or termination of Live Chat for any reason whatsoever; or
    5. (e)any disclosure of confidential information.
  7. Third parties’ rights

    No person other than you and the Bank will have any right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) to enforce or enjoy the benefit of any of the provisions of these Terms of Use. Application of the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) is hereby expressly excluded.

  8. Governing Law

    These Terms of Use shall be governed by and interpreted in accordance with the laws of Hong Kong and you agree to submit to the non-exclusive jurisdiction of the Hong Kong courts. You further agree that these Terms of Use may be enforced in the courts of any competent jurisdiction.

  9. General

    You acknowledge that the Bank may amend, revise or replace the Terms of Use and the General Terms (as applicable) and/or introduce additional terms and conditions from time to time at our sole discretion. By continuing to use Live Chat following any amendment, you will be deemed to have accepted the amended Terms of Use or General Terms (as applicable). If you do not agree to any such amendments, you should stop using Live Chat.

    No act, delay or omission by the Bank shall affect our rights, powers and remedies under these Terms of Use or any further or other exercise of such rights, powers and remedies. The rights, powers and remedies of the Bank under these Terms of Use are cumulative and not exclusive of the rights, powers and remedies provided by law.

    In the event of any conflict or discrepancy between the English version and Chinese version of these Terms of Use, the English version shall prevail.