TERMS AND CONDITIONS
FOR ACCOUNTS AND RELATED SERVICES (FOR INDIVIDUALS)
The terms and conditions set out below and in the Schedule (the " Terms and Conditions") apply to all accounts and services provided by China Construction Bank Corporation Macau Branch (the "Bank", which includes all the sub-branches and offices of China Construction Bank Corporation Macau Branch wherever situated, its successors and assigns) to each of its individual customers (the "Customer"). By using or continuing to use such accounts or services after receiving these Terms and Conditions, the Customer shall be deemed to have agreed to be bound by these Terms and Conditions. |
1. |
GENERAL PROVISIONS REGARDING ACCOUNTS |
1.1 |
Definitions
"Business Day" means a day on which the Bank is open for banking business in Macau.
"Macau" means the Macau Special Administrative Region of the People's Republic of China.
“Mainland China” means the territory of the People’s Republic of China excluding Hong Kong and Macau Special Administrative Region and Taiwan Province of the People’ s Republic of China.
“Renminbi” means the lawful currency for the time being of Mainland China.
“Renminbi Banking Services” means any Renminbi – related banking services provided by the Bank to its Customer including Renminbi account opening, Renminbi deposit – taking, Renminbi remittance, Renminbi conversion and such other services that the Bank may from time to time offered to its Customer. |
1.2 |
Interpretation
Unless the context otherwise requires: |
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(a) |
words importing the singular include the plural and vice versa and words importing a gender include every gender; |
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(b) |
clause headings are inserted for convenience of reference only and shall be ignored in the interpretation of these Terms and Conditions; |
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(c) |
whenever the word "including" is used, it is deemed to be followed by the words "without limitation"; |
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(d) |
a Clause or Schedule is a reference to a clause of or schedule to these Terms and Conditions; and |
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(e) |
a person, where applicable, includes an individual, a company, a partnership or body unincorporated and its successors and assigns. |
1.3 |
Terms governing accounts
Any account opened by the Customer with the Bank and other matters relating thereto shall be governed by the relevant account opening form or mandate signed by the Customer, these Terms and Conditions (as amended and supplemented from time to time in accordance with Clause 13) and the applicable laws of Macau. Customers are required to provide the Bank with accurate, complete and acceptable identification, information and references, that can be requested by the Bank from time to time, and to complete and sign such forms and specimen signature cards as may be prescribed by the Bank from time to time in accordance with the relevant laws and regulations. |
1.4 |
Compliance with orders
The Customer authorizes the Bank to:- |
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(a) |
honour and comply with all checks, promissory notes, orders to pay, bills of exchange and other instruments drawn, signed, endorsed, accepted or made by or on behalf of the Customer (even if, where the Bank permits, the relevant account is or will become overdrawn); |
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(b) |
act on any instructions to deliver or dispose of all or any securities, documents or other property of the Customer held by the Bank from time to time, whether held by way of security, safe custody or otherwise; |
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(c) |
accept and act upon any instructions to deposit any sum into Customer's account; |
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(d) |
act on any instructions for the purchase or sale of foreign exchange (both spot and forward); |
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(e) |
act on any other instructions or directions given in connection with any Customer's account; and |
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(f) |
accept and rely on any documents signed or given, or appear to be signed or given, by the Customer or any person authorized by the Customer (as determined in good faith by the Bank). |
1.5 |
Minimum balance
The Customer is required to maintain such minimum balance in an account as the Bank may from time to time require. |
1.6 |
Closure of accounts |
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(a) |
The Bank may close any account of the Customer:- |
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(i) |
if the account has a zero balance and the account has remained inactive for such period as the Bank may determine; or |
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(ii) |
with immediate effect if the account, in its opinion, is being used for illegal or improper purposes or has not been conducted in a satisfactory or reasonable manner; or |
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(iii) |
by providing reasonable prior notice with or without providing specific reasons for closure. |
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(b) |
Upon notice of closure being sent to the Customer in accordance with Clause 15, the Customer may collect the balance (less all charges) from the Bank during the Bank's normal business hours or the Bank may, at its discretion, remit the balance (less all charges) at the Customer's risk to the last known address of the Customer by check, cashier's order or demand draft issued by it (whichever is applicable). |
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(c) |
Upon completion of the closure of account referred to in paragraph (b) above, the Bank shall be totally released or discharged from any further obligations including payment of any check drawn by the Customer and subsequently presented. The Customer agrees to be solely responsible for any and all consequences resulting or arising from such closure. |
1.7 |
Sufficiency of funds |
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(a) |
The Customer shall ensure that there are sufficient funds in any account in respect of which a service is offered for withdrawing or transferring funds, whether by use of any electronic means or otherwise. The Bank is not obliged to act on any instruction or request for withdrawal or transfer if there are insufficient funds in the relevant account. |
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(b) |
No account may be overdrawn except by prior arrangement with the Bank. |
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(c) |
Notwithstanding paragraph (b) above, if a withdrawal or transfer has been made by the Bank without sufficient funds in the relevant account, the Customer shall repay to the Bank on demand the moneys overdrawn or transferred together with handling charges and interest at the rate charged by the Bank for overdrafts. |
1.8 |
Retention of documents |
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(a) |
The Bank shall have no obligation to retain the checks or documents relating to any account of the Customer. Photocopies of such checks and documents, if available, may be supplied by the Bank upon payment of a service charge. |
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(b) |
Without prejudice to paragraph (a) above, the Bank may, at its discretion and at any time, destroy or dispose of all documents received by it in connection with any account of the Customer once the Bank has arranged for these documents to be stored on microfilm or any other medium as the Bank may consider appropriate. |
1.9 |
Signature and chop
The Customer is requested to observe the same style of signature and/or seal/chop (if applicable) as set out in the specimen registered at the Bank. The Customer must give prior written notice to the Bank in respect of any change of specimen signature, seal, chop, address or other pertinent particulars recorded with the Bank. However, the change of the signature and address must be duly evidenced through the respective documents, i.e. identification document and proof of address. Prior to its actual receipt of such notice, the Bank shall be entitled to act on the basis of the most recent instruction or information of the Customer then kept by the Bank. |
2. |
INTEREST, SERVICE CHARGES AND PAYMENTS |
2.1 |
Interest |
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(a) |
Interest may be earned on such accounts as are determined by the Bank and at such rates as are determined and publicized by the Bank from time to time. These rates will be posted at all sub-branches of the Bank and displayed on the Bank's website for reference only. |
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(b) |
No interest may be earned on an account if the credit balance in that account is less than the minimum amount specified by the Bank from time to time. |
2.2 |
Service charges |
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(a) |
The Bank may: |
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(i) |
levy a service charge on any account of or any special or standing instruction of or any service provided to the Customer; |
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(ii) |
levy a service charge on an account if the balance in that account falls below the minimum amount prescribed by the Bank or that account remains inactive for such period as the Bank may determine and/or is closed within three months (or any other period as the Bank may determine) from the date on which it is opened; and |
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(iii) |
with prior notice, impose other types of charges in accordance with the applicable rules of the Macau Association of Banks and/or other applicable laws and rules and in such manner as the Bank at its discretion thinks fit. |
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(b) |
The Bank may debit the amount of all applicable charges from any account of the Customer and shall inform the Customer of the nature and the amount of such charges after they have been debited from any account of the Customer. |
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(c) |
Details of the Bank's charges are displayed at all sub-branches of the Bank and are also available upon request. |
2.3 |
Payments
All payments by the Customer to the Bank pursuant to these Terms and Conditions shall be made in Macau patacas (or in any other currency in which the relevant liability is incurred) without any deduction, set-off or counterclaim and free and clear of any taxes. If the Customer is required by law to make any deduction or withholding, the Customer shall promptly pay to the Bank such additional amount as may be necessary to ensure that the Bank receives a net amount equal to the full amount which it would have received had payment not been made subject to any deduction or withholding. |
3. |
CHECK DEPOSITS AND DRAWING AGAINST UNCLEARED INSTRUMENTS |
3.1 |
Deposits of instruments subject to clearing |
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(a) |
Deposit of checks or other types of instruments subject to clearing is accepted for collection only and the proceeds will not be available to the Customer until the relevant instrument has been cleared. |
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(b) |
The Bank shall exercise reasonable care in relation to the custody and presentation of checks and/or other types of instruments presented by the Customer for collection but shall not be liable for loss suffered by the Customer as a result of any loss or destruction of checks/instruments or delay in presentation thereof in the absence of gross negligence on the part of the Bank. The Bank shall incur no liability as a result of any loss or destruction of checks/instruments or delay in presentation while the checks/instruments are in the custody of any properly authorized third party through whom such checks/instruments are presented for collection. In no event shall the Bank be liable for any consequential loss arising as a result of the loss or destruction of checks/instruments or their delay in presentation. |
3.2 |
Deposits of third party checks
Checks payable to the order of a party other than the Customer must be duly endorsed by such party and such checks will be accepted for deposit only at the discretion of the Bank. The Customer agrees to indemnify the Bank against all losses, damages and claims reasonably and properly incurred or sustained by it in connection with such deposit. |
3.3 |
Drawing against uncleared instruments |
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(a) |
The Customer may not draw against uncleared bills, drafts or checks deposited in the Customer's account until the proceeds or advice of final payment thereof has been received by the Bank. For instruments that are cleared through the Macau Clearing House, the proceeds of those instruments will usually become available on the second Business Day after the date of deposit. |
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(b) |
With respect to instruments that have to be cleared outside Macau, the collection schedule varies depending upon the country involved and the Customer should make inquiry at any sub-branch of the Bank to determine the time required for advice of final payment. The effective date of deposit will be subject to the date of the final payment received by the Bank after the check has been duly cleared. Should any instrument be dishonored and returned by the drawee bank, it will be returned to the Customer and the Customer will be debited accordingly together with all related charges. |
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(c) |
No interest will accrue on uncollected funds. |
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(d) |
All instruments received for collection after the normal clearing cut-off time on any Business Day will be treated as received for the Customer's account on the following Business Day. |
3.4 |
Uncollected funds |
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(a) |
Without prejudice to Clause 3.3, if the Bank permits the Customer to draw against funds to be transferred from any account or to be collected, the Customer shall on demand reimburse the Bank in full the amount so drawn if:- |
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(i) |
the Bank does not receive the funds in full at the time when it ought to have received them; |
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(ii) |
the transfer or collection of such funds results in any account of the Customer maintained with the Bank being overdrawn; or |
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(iii) |
after the Bank has accepted the transfer, it is prevented from collecting or freely dealing with the funds in accordance with its usual banking practice. |
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(b) |
Further, if the Bank accepts any funds to be transferred in favour of the Customer or to be collected in lieu of cash settlement of the Customer's obligation, such settlement shall be conditional upon receipt by the Bank of full payment of such funds in immediately available funds. |
4. |
ACCOUNT STATEMENTS |
4.1 |
Delivery of account statements |
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(a) |
Account statements will normally be sent to the Customer monthly or at such other intervals as may be arranged. The Bank, however, reserves the right not to send an account statement to the Customer if there is no record of activity in the account during the relevant period. |
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(b) |
If the Customer fails to receive an account statement within ten Business Days after the end of the period to which the statement relates, the Customer should immediately notify the Bank and request a copy of the same. |
4.2 |
Notification of errors
The Customer must notify the Bank of any errors in any account statement, advice or acknowledgement sent to the Customer by the Bank within 90 days of the date of such statement, failing which the statement, advice or acknowledgement shall, subject to Clause 11.2, be deemed to be accepted by the Customer and be regarded as final and conclusive except that the Bank may at its discretion adjust any entries mistakenly or erroneously made by it. |
5. |
SPECIFIC TERMS AND CONDITIONS
Without prejudice to the application of other provisions of these Terms and Conditions: |
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(a) |
checking accounts are further subject to the provisions of Schedule 1; |
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(b) |
savings and time deposit accounts (including prime-linked Savings Accounts, fixed rate target savings accounts and prime-linked time deposit accounts) are further subject to the provisions of Schedule 2; |
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(c) |
Premier Banking and Wise Banking service is further subject to the provisions of Schedule 3; |
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(d) |
Electronic Banking Services are further subject to the provisions of Schedule 4; and |
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(e) |
Renminbi Banking accounts are further subject to provisions of Schedule 5. |
6. |
FOREIGN CURRENCY ACCOUNTS |
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(a) |
Without prejudice to any other provisions of these Terms and Conditions which are applicable to foreign currency accounts, all deposits into and withdrawals from any foreign currency accounts must be in currencies acceptable to the Bank and, where the conversion of currencies is required, such conversion shall not exceed the daily or transaction limits imposed by the Bank from time to time, if any, and is subject to the prevailing rate of exchange quoted by the Bank at the time of the deposit or withdrawal. |
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(b) |
The Bank shall not be responsible or become liable for any diminution in the amount or the value of any amount credited to a foreign currency account due to taxes, imposts or depreciation, nor for the unavailability of any currency due to restrictions on convertibility or remittance, requisitions, involuntary transfers, exercise of military or usurped powers, or other similar causes beyond the Bank's control. |
7. |
REMITTANCE SERVICES |
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(a) |
The Customer agrees that, as a remitter in respect of each remittance transaction, the information in the remittance application form, such as the Customer’s name, address and whether a bank account exists with the Bank, is required to be disclosed to the intermediary and receiving banks. |
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(b) |
The Customer is solely responsible for providing accurate information regarding the receiving party to the Bank for making out-going Funds Transfer. The Customer acknowledges that the Bank is acting solely as the Customer's agent when providing out-going Funds Transfer and has no control over the operations of and any service charge imposed at the receiving end. The time of availability of funds at the receiving end of an out-going Funds Transfer is subject to the location, local telecommunication system and the banking practices at the receiving party. |
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(c) |
The Customer accepts the risk for any loss, delay, error, omission or mutilation which may occur in the transmission of any out-going Funds Transfer. The Bank will, however, promptly notify the Customer if an out-going Funds Transfer cannot be effected. |
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(d) |
In making an out-going Funds Transfer, the Bank reserves the right to effect such transfer through any correspondent/agent/intermediary as it may from time to time determine in accordance with its operational requirements. Where conversion of currencies is required for making an out-going transfer, such conversion shall not exceed the daily or transaction limits imposed by the Bank, if any, and is subject to the then prevailing rate of exchange of the Bank. Unless otherwise agreed between the Bank and the Customer, charges and expenses incurred by the Bank or the correspondents/agents/intermediaries of the Bank will be deducted from the funds remitted. |
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(e) |
In case of cancellation of an out-going Funds Transfer by the Customer, if the refund of the proceeds is to be made in a different currency, it will be made on the basis of the amount received by the Bank at the Bank's buying rate on the day of refund. Any charges and expenses incurred by such cancellation will be borne by the Customer and will be deducted from the proceeds of the refund. All cable or other charges and commission collected are not refundable. |
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(f) |
Incoming remittances (denominated in any currency) in favour of the Customer will not be credited into the Customer's account on the day a payment advice is received by the Bank if that payment advice is received after the cut-off time specified by the Bank from time to time or the value date specified in that payment advice is later than the day that payment advice is received by the Bank. No interest will be payable on such incoming remittances until they are actually credited into an interest bearing account of the Customer. |
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(g) |
In relation to an incoming foreign currency remittance, if the foreign currency remittance is required to be converted into Macau patacas, the Bank's then prevailing buying rate will apply. |
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(h) |
An advice will be sent to the Customer after each out-going funds transfer or incoming remittance is made or received by the Bank. The Customer should promptly notify the Bank of any errors. |
8. |
JOINT ACCOUNTS
Where an account is opened in the name of two or more persons, unless otherwise agreed in writing by the Bank: |
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(a) |
all obligations and liabilities incurred with respect to the account shall be joint and several; |
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(b) |
references to the Customer shall be references to each of such persons; |
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(c) |
each of such persons shall, unless otherwise specified, be entitled to operate the account independently from the others; |
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(d) |
the Bank shall be entitled to deal separately with any such person on any matter, and may vary the liability or grant time or other indulgence to any such person, without affecting the Bank's rights and remedies against any other such persons; |
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(e) |
where separate instructions are given by the joint account holders and they are in conflict; the Bank may :
- act on any of those instructions; or
- delay in acting on those instructions until the apparent conflict has been resolved; or
- act only on the unanimous instructions of all joint account holders;
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(f) |
any notice to any one such person will be deemed effective notification to all such persons; |
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(g) |
all sums now or in the future received in the name of any one or more of such persons may be deposited, in the Bank's discretion and in the absence of contrary instructions, into the account; |
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(h) |
all checks, drafts or other monetary instruments payable to any one or more but not all of such persons may be collected by the Bank and paid into the account notwithstanding being crossed "Account Payee" or "Account Payee Only" and not endorsed by the payee; |
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(i) |
any credit balance of such account is and will be owned by such persons as joint tenants with right of survivorship; and |
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(j) |
subject to applicable law, on the death of any of such persons, the Bank will hold any credit balance of the account to the order of the survivor(s) and, in the case of the death of all such persons, the legal representative(s) of the last survivor, on production of the Certificate of Inheritance ("Habilitação de Herdeiros", "Habilitação Notarial" or "Sentença Homologatória de Partilha"), all of which shall be issued by the competent Macau Authority, in respect of that last survivor (without prejudice to any right the Bank may have in respect of such balances arising out of any security interest, lien, right of set-off, counterclaim or otherwise), and |
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(k) |
In the event of death, filing for bankruptcy or liquidation or mental or other incapacity of one or more of such persons, the Banks shall have the right to set off the any claims the Banks has or may have against such person or persons howsoever incurred against any credit balance in the account and further, the Bank shall have the right, in its sole discretion, to freeze the account and refuse any dealings therewith of refuse to accept any instructions, where in respect of the account, the services or otherwise. |
9. |
PAYMENT TO LEGAL REPRESENTATIVES
The Customer authorizes the Bank to pay and deliver to or to the order of the Customer's legal representative(s), on the production of the Death Certificate and the Certificate of Inheritance ("Habilitação de Herdeiros", "Habilitação Notarial" or "Sentença Homologatória de Partilha"), all of which shall be issued by the competent Macau Authority. In respect of the Customer, any credit balance of any account in the Customer's name (without prejudice to any right the Bank may have in respect of such balance arising out of any security interest, lien, right of set-off, counterclaim or otherwise or to any step which the Bank may deem it desirable to take in view of any claim by any person other than the Customer's legal representative(s)). This paragraph does not apply to joint accounts. |
10. |
SUSPENSION OF ACCOUNTS |
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(a) |
If the Bank receives notice of a petition for the bankruptcy of a Customer or a Customer begins negotiation with any creditor or creditors for the purposes of considering any individual voluntary arrangement, the Bank may suspend all or any operations relating to accounts maintained in the name of that Customer until the Bank is satisfied that the relevant petition is irrevocably discharged. After such suspension, and notwithstanding the terms of any existing or future account opening forms/mandates signed by the Customer or other agreements between the Bank and that Customer governing the operation of accounts held in the name of that Customer or credit or other facilities or banking arrangements with that Customer, the Bank may in its absolute discretion refuse to act in accordance with any instructions relating to the operation of accounts maintained in the name of that Customer so suspended (whether given before or after the Bank's receipt of notice of petition for bankruptcy of that Customer). |
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(b) |
In case of suspicious activities by the Customer, the Bank may also suspend all or any operations relating to accounts maintained in the name of that Customer until the Bank is satisfied that no illegal or suspicious activities are being carried out by the Customer. |
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(c) |
The Bank shall not be liable to the Customer for any action taken or not taken by it with respect to any accounts the operations of which are suspended under paragraph (a) above unless directly caused by the gross negligence or willful misconduct of any officer, employee or agent of the Bank. |
11. |
COMPLAINTS, LIABILITY AND INDEMNIFICATION |
11.1 |
Complaints
The Customer may register a complaint by writing to any sub-branch, Bank By Phone, E-mail, Website and complaint hotline of the Bank. Such complaint must clearly identify the Customer, the Customer's account number, the Customer's address and the specific nature of the complaint. |
11.2 |
Liability and indemnification |
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(a) |
The Bank shall not be liable for any liability, claim, loss or damage, demand, tax, cost, charge or expense of any kind which may be incurred or suffered by the Customer or any actions or proceedings which may be brought by or against the Customer as a result of or arising from:- |
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(i) |
the failure of the Customer to comply with these Terms and Conditions and to exercise due care in his dealings with the Bank; |
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(ii) |
the misunderstanding or misinterpretation of any instruction whether given by phone, electronic means or otherwise (provided that the Bank acts in good faith); |
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(iii) |
the inability of the Customer to gain access to or utilize any electronic banking service offered by the Bank; |
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(iv) |
any failure of the Bank to perform any obligation or service or take any action where such inability or failure is attributable directly or indirectly to any circumstance or event beyond the reasonable control of the Bank, including any equipment or computer malfunction, power, network or telecommunication failure or inadequacy, interruption, interception, error, delay or loss in transmission or transfer facilities, or the act or omission of any third party; or |
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(v) |
any reasons or causes beyond the Bank’s control, including without limitation, complying with any law, regulation, code, order, court freezing order, notice, guideline, directive or at the request of public or regulatory or governmental authorities as a result of any levy, tax, embargo, moratorium, exchange restriction or other act of government or other authority, any loss and mistake of postal or other strikes, closure or suspension of trading on any exchange, board of trade, market or clearing house, any act of God,
fire, flood, frost, typhoon storm, explosion of force majeure. |
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except where such loss or damage is reasonably, foreseeably and directly caused by (1) unauthorized transactions arising from forgery or fraud by any third party including any employee, agent or servant of the Customer and in relation to which the Bank has failed to exercise reasonable care and skill; (2) unauthorized transactions arising from forgery or fraud by any employee, agent or servant of the Bank; or (3) other unauthorized transactions arising from the willful misconduct or negligence on the part of the Bank or any of its employees, agents or servants. |
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(b) |
The Customer shall hold harmless and indemnify the Bank, its officers, employees and any other person appointed by the Bank against all actions, liabilities, claims, demands, losses, damages and taxes of any kind made against or incurred by the Bank and such reasonable costs and expenses reasonably incurred by it (including legal fees) in connection with the maintenance of, or dealings with, the account or dealing with any instrument for payment of money at the request of the Customer or the Bank's provision of services, and/or the exercise of the powers and rights of the Bank under these Terms and Conditions, unless such liabilities, claims, costs, damages, expenses, actions or proceedings are caused directly by the gross negligence or willful misconduct of any officer, employee or agent of the Bank. |
11.3 |
No consequential damages
If the Bank is found liable for any act or omission, gross negligence or default, its liability shall be limited to the lesser of the amount of the direct loss or actual damage and the amount of the relevant transaction. The Bank shall not be responsible for any loss of profit or any special, consequential or indirect loss or damage arising out of such act, omission, gross negligence or default. |
12. |
SET-OFF |
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12.1 |
Set Off
The Bank may, at any time without prior notice, combine or consolidate any accounts (of whatever nature, wherever situate, whether in the name of the Customer solely or jointly with other(s) and whether subject to notice or not), and set-off, debit, withhold, apply and/ or transfer any sum standing to the credit of one or more of the accounts in or towards satisfaction of the Customer’s obligations and/or liabilities to the Bank on any other account or in any other respect whatsoever, whether such obligation and/or liability be present or future, actual or future, actual or contingent, primary or collateral, several or joint, secured or unsecured and whether they are owed by the Customer to the Bank in whatever capacity, and, where such combination, consolidation, set-off, debit, withholding, application or transfer requires the conversion of one currency into another, such conversion shall be calculated at the spot rate of exchange (as conclusively determined by the Bank) prevailing in the relevant foreign exchange market at the relevant time. In the case of a joint account, the Bank may exercise its rights in these Terms and Conditions and apply any credit balance in such joint account in or towards satisfaction of any obligations and/or liabilities owed to the Bank by any one or more of the Customers. The Bank shall immediately give notice to the Customer of any exercise of the Bank’s right under this Clause. |
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12.2 |
Lien
The Customer authorizes the Bank to exercise a lien over all the Customer’s property coming into the possession or control of the Bank for any reason whatsoever, whether or not in the ordinary course of banking business with power for the Bank to sell such property, if necessary, and apply the net proceeds to satisfy any of the Customer’s obligations and/or liabilities to the Bank. |
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12.3 |
Other Rights
The rights of the Bank under this Clause 12 shall be in addition and without prejudice to any lien or other right whatsoever to which the Bank may be entitled by law and shall apply to all liabilities of the Customer to Bank, whether such liabilities or any of them arise on any account or in any other respect or manner whatsoever. |
13. |
AMENDMENTS
The Bank may, by prior notice, vary, amend or supplement these Terms and Conditions and such variation, amendment or supplement shall take effect on the date specified in the notice. Such notice will be given to the Customer in accordance with Clause 15.The Customer should notify the Bank before the effective date if he does not accept any such amendment. |
14. |
PERSONAL DATA PROTECTION
Any personal data (as defined in the Legal Provisions on Personal Data Protection, Law no. 8/2005 of the Macau SAR) which the Customer provides to the Bank will be treated in accordance with the Bank's "Notification Relating to the Legal Provisions on Personal Data Protection" from time to time provided to the Customer and which is expressly incorporated into these Terms and Conditions. |
15. |
NOTICES |
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(a) |
The Bank may use any contact information provided from time to time by the Customer and kept in the Bank’s records (including address, telephone number, email address and fax number) to send any notice, demand, announcements or other communication to the Customer in writing. Written notice, demand or other communication shall be deemed to have been duly sent to and received by the Customer
- if delivered personally, at the time of delivery;
- if sent by post, on the seven Business Day after the day of posting; and
- if sent by facsimile transmission, email, SMS or other electronic means, at the time of dispatch.
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(b) |
All notices or announcements by the Bank in connection with any of the accounts, services or charges governed by these Terms and Conditions shall also be deemed duly given or made and effective and binding on the Customer if the Bank has: |
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(i) |
displayed the notice or announcement at the Bank's sub-branch; or |
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(ii) |
advertised the notice or announcement in a daily newspaper circulating in Macau; or |
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(iii) |
sent the notice or announcement by ordinary mail to the last known address of the Customer; or |
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(iv) |
in relation to transactions operated through electronic banking services offered by the Bank, put the notice or announcement on the Bank's website whether or not the Customer has retrieved or read the notice. |
16. |
MISCELLANEOUS |
16.1 |
No waiver
No act or omission by the Bank pursuant to these Terms and Conditions shall affect its rights, powers or remedies. |
16.2 |
Assignment
No assignment of any rights or obligations of the Customer under these Terms and Conditions shall be effective without the prior written consent of the Bank. |
16.3 |
Business Practice
The Bank shall be entitled to act in accordance with its regular business practice and procedure and will only accept instructions insofar as it is (in the Bank’s opinion) practicable and reasonable to do so and may refuse to accept or act on any instruction which may adversely affect the interest of the Bank. For the avoidance of doubt, the Bank is authorized to participate in and comply with the rules and regulations of any organization which regulates the conduct of banking business and any system which provides central clearing, settlement and similar facilities for banks but, in each case, without liability for any acts or omissions on the part of the operator or manager of any such organisation or system. |
16.4 |
Recording and records
The Customer expressly declares that the Bank is authorized to record by all means all telephone conversations and all forms of instructions given by the Customer (or any person acting on Customer’s behalf) in connection with any accounts and/ or services provided by the Bank to the Customer for the purposes of (i) verifying the quality of the service provided by the Bank’s staff or (ii) resolving disputes over the terms of the Customer’s instructions to the Bank or (iii) authenticating the instructions given by the customer or (iv) fulfilling legal or regulatory requirements. The Customer acknowledges and agrees that the Bank will keep those records for the period as the Bank considers necessary in its sole discretion. For the avoidance of doubts, the Customer expressly declares to agree that such records may be used by the Bank to resolve any dispute arising from the terms of any instruction given by the Customer and that the Bank may use the record as conclusive evidence to resolve such dispute. |
16.5 |
Severability
Each of the provisions of these Terms and conditions is severable and distinct from the others and, if at any time any of the previsions of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any applicable jurisdiction, the legality, validity or enforceability of the remaining provisions under that law and the legality, validity or enforceability of the relevant provisions under the law of any other jurisdictions shall not be affected. |
16.6 |
Acknowledgment
The Customer hereby represents and warrants to be fully aware, understood and accepted the full contents and information of these Teams and Conditions and that it has been properly and fully informed by the Bank of all its contents. |
16.7 |
Governing version
The English version of these Terms and Conditions is the governing version and shall prevail if there is any discrepancy between the English version and the Chinese version. |
17. |
GOVERNING LAW AND JURISDICTIONS
These Terms and Conditions are governed by and shall be construed in accordance with the laws of the Macau SAR.
Each transaction or its underlying investment or instrument shall be subject to the laws of the jurisdiction where it is made or located and also the rules, regulations, policies and directives of all relevant governmental and other regulatory bodies and agencies. The Customer submits to the non-exclusive jurisdiction of the Macau courts but these Terms and Conditions may be enforced in the courts of any competent jurisdiction. |
SCHEDULE 1
TERMS AND CONDITIONS FOR CHECKING
ACCOUNTS
The following terms and
conditions apply to all checking accounts and related services provided by
the Bank to its Customer. The "Terms and Conditions for Accounts and
Related Services" (the "Terms and Conditions") from time to
time issued by the Bank shall apply to the following as if those Terms and
Conditions are set out in this Schedule in full.
1.
|
Drawing
of checks
|
|
(a)
|
Checks
may only be drawn on check forms provided by the Bank in the currency in
which the account is denominated.
|
|
(b)
|
Upon
closure of any checking account with the Bank, the Customer must either
return to the Bank or destroy all unused checks.
|
2.
|
Delivery
of check books
Upon receipt of an application for new check book(s), the Bank will deliver, at the cost of the Customer, the required check book to the Customer's address provided to the Bank in the manner instructed by the Customer. The Bank assumes no responsibility for any delay or loss occasioned by such mode of delivery unless such delay or loss is directly caused by the negligence and willful misconduct of the Bank. |
3.
|
Manner
in dealing with check books
|
|
(a)
|
Upon
receipt of a check book, the Customer should count the number of checks
carefully and examine the account and serial numbers printed thereon. Any
discrepancy should immediately be reported to the Bank.
|
|
(b)
|
Check
books must at all times be kept in a safe place to guard against loss or
theft.
|
|
(c)
|
When a
signed check or a check book is lost or stolen, the Customer must immediately
report such loss by notice in writing to the Bank. The Bank will not be
responsible for any loss suffered by the Customer if any payment has been
made before such report is actually received by the Bank.
|
4.
|
Manner
in drawing checks
|
|
(a)
|
In
drawing a check, the Customer is advised that the amount both in words and
figures should be written distinctly in non-erasable ink or ball-point pen
and that to prevent fraud, the amount in both words and figures should
begin as near to the left hand margin as possible, so that other words or
figures cannot be inserted. A line should be drawn or the words
"only" should be added after the amount expressed in words.
|
|
(b)
|
All
alterations on checks must be confirmed by the full signature of the
Customer. The Bank will not be responsible for losses arising from
alterations which cannot be readily detected. If a mistake is made in the
amount of the check, it is advisable to cancel the check and issue a new
one.
|
|
(c)
|
The
Customer agrees to exercise care when drawing checks and that the Customer
will not draw checks by any means and/or in any manner which may enable a
check to be altered or may facilitate fraud or forgery.
|
5.
|
Checks
sent by post
All checks sent by post or otherwise should be crossed with the words
"OR BEARER" deleted so that they can then only be paid through
banks. The checks should also be accompanied by a letter giving details of
instructions to the Bank if they are sent for credit of an account.
|
6.
|
Stop
payment
|
|
(a)
|
Should
a Customer desire to stop payment on a check, complete instructions fully
identifying the check must be given to the Bank together with any further
documentation required by the Bank. Such instructions shall include:
|
|
|
(i)
|
the
check number;
|
|
|
(ii)
|
the
date of issuance;
|
|
|
(iii)
|
the
payee's name; and
|
|
|
(iv)
|
the
amount.
|
|
(b)
|
The Customer agrees that when the Customer’s instructions to revoke a check to avoid its payment are given
during the time limit for presentation for payment of the check, the Bank shall only refuse to stop payment after
the expiry of the time limit for presentation.
|
|
(c)
|
The Customer agrees:-
|
|
|
(i)
|
to
indemnify the Bank against any loss of reasonable amount which may be
reasonably incurred or sustained by the Bank as a result of payment or
non-payment of the check;
|
|
|
(ii)
|
that the Bank will not be liable for failing to carry out the Customer's instructions (aa) before the expiry of
the time limit for presentation of the check and (bb) after the expiry of the time limit for presentation of the
check unless, in the latter case, the failure is caused by the gross negligence or willful misconduct of any
officer, employee or agent of the Bank;
|
|
|
(iii)
|
to notify the Bank promptly in writing or by other means acceptable to the Bank, if the check is recovered or destroyed or when the instructions to stop payment are be cancelled; and
|
|
|
(iv)
|
that the check shall be deemed definitely revoked if the Bank does not receive any instructions to cancel
the revocation within six months counting from the expiry of the time limit for the presentation of the check .
|
7.
|
Liability
|
|
(a)
|
The
Customer acknowledges that the Bank shall not be liable for any loss
incurred by the Customer arising out of his failure to comply with these
terms and conditions and to exercise due care in the handling and use of
checks and the conduct of the account generally.
|
|
(b)
|
The Bank is not obliged to honour any check which is defaced, incorrectly completed or altered without confirmation by the full signature of the Customer. If it does so other than as a result of negligence or willful misconduct of any officer, employer or agent of the Bank, the Bank shall incur no liability to the Customer for having done so.
|
8.
|
Service
charge
|
|
(a)
|
The
Bank may levy a service charge at such rate as determined by the Bank for
each check issued by the Customer and dishonoured by the Bank on account of
insufficient funds in the Customer's account or any irregularities
appearing on the check.
|
|
(b)
|
The Bank may impose a handling fee for all returned checks, if applicable to a particular checking account,
calculated on such basis as from time to time determined by the Bank on the aggregate payments drawn on such
checking account which exceeds the daily limit as imposed by any relevant authorities from time to time.
|
9.
|
Withdrawal
and payments
|
|
(a)
|
The
Bank reserves the right at any time, in its sole discretion, to satisfy a
withdrawal request from a checking account by:-
|
|
|
(i)
|
telegraphic
transfer;
|
|
|
(ii)
|
payment
in bank notes;
|
|
|
(iii)
|
issuing
a cashier's order or demand draft; or
|
|
|
(iv)
|
in the
case of a withdrawal from a foreign currency checking account, issuing a
check drawn by the Bank on a bank in the country of that currency, payable
in that currency, subject to the laws and regulations and to any government
measures or restrictions of that country; or payment of an equivalent
amount in Macau patacas calculated at the Bank's buying rate prevailing
at the time of payment.
|
|
(b)
|
Any withdrawal
from a foreign currency checking account of banknotes in that currency is
subject to the availability of banknotes in that foreign currency at the
time of withdrawal.
|
10.
|
Method of clearing checks
|
|
(a)
|
Checks drawn by the customer which have been paid may, after having been recorded in electronic form, be
retained by the collecting bank or Macau Clearing House ( “MCH” ) for such period as is stated in the rules
relating to the operation of the Clearing House and after this, they may be destroyed by the collecting bank or
MCH as the case may be; and
|
|
(b)
|
The Bank is authorized to contract inter alia with collecting banks and MCH in accordance with the terms stated
in (a) above.
|
|
(c)
|
The Bank may levy a service charge at such a rate as determined by the Bank for each request for a
presentation of the original or copy of the paid check by the customer(s).
|
|
(d)
|
The Bank shall not become liable for any unavailability of the physical original or copy of the paid check, nor the
Bank has any control over the retrieval time.
|
SCHEDULE 2
TERMS AND CONDITIONS FOR SAVINGS,
CALL AND TIME DEPOSIT ACCOUNTS
(INCLUDING FIXED RATE TARGET SAVINGS DEPOSIT ACCOUNTS)
A. |
GENERAL PROVISIONS |
|
The following terms and conditions apply to savings (statement or passbook savings), call and time deposit accounts (including fixed rate target savings deposit accounts) denominated in any currency and related services provided by the Bank to its Customer. In addition to Part A of this Schedule is subject to the additional terms, as applicable, set out in Part C of this Schedule which shall prevail in case of any inconsistency between Part A, B and C. The "Terms and Conditions for Accounts and Related Services" (the "Terms and Conditions") from time to time issued by the Bank shall apply to the following as if those Terms and Conditions are set out in this Schedule in full. |
1. |
Withdrawals and payments |
|
(a) |
Withdrawals from any savings, call or time deposit account of the Customer at the counter may be made at any sub-branch of the Bank in Macau upon completion of the appropriate withdrawal request provided by the Bank or by any other manner pre-arranged with the Bank. |
|
(b) |
the Bank reserves the right at any time, in its sole discretion to satisfy a withdrawal request by: |
|
|
(i) |
telegraphic transfer; |
|
|
(ii) |
payment in bank notes; |
|
|
(iii) |
issuing a cashier's order or demand draft; or |
|
|
(iv) |
in the case of a withdrawal from a foreign currency account, issuing a check drawn by the Bank on a bank in the country of that currency, payable in that currency, subject to the laws and regulations and to any government measures or restrictions of that country; or payment of an equivalent amount in Macau patacas calculated at the Bank's buying rate prevailing at the time of payment. |
|
(c) |
Any withdrawal from a foreign currency account of banknotes in that currency is subject to the availability of banknotes in that foreign currency at the time of withdrawal. |
|
(d) |
Any payment made by the Bank to a person producing the passbook or withdrawal slip purporting to be signed, sealed or chopped as authorized by the Customer shall have the same effect as if made to the Customer personally and will absolve the Bank from all liabilities to the Customer or to any other party. |
2. |
Interest |
|
(a) |
Interest on a savings account will accrue on the daily credit balance of the account and at such rates as determined by the Bank from time to time. Accrued interest will be credited to the savings account on monthly basis. |
|
(b) |
Interest on a time deposit (including, inter alia, fixed rate target savings deposit is fixed for the entire deposit period and is payable to the Customer on the maturity date (except under arrangement specifically agreed by the Bank). |
3. |
Charges
The Bank may charge a commission on the face amount of foreign currency notes, checks, drafts, payment orders or other monetary instruments deposited into a foreign checking or saving account. |
4. |
Initial and further deposits |
|
(a) |
The Customer shall place an initial deposit with the Bank in an amount as from time to time specified by the Bank. |
|
(b) |
For time deposits and other types of deposits as specified by the Bank, any further deposit, transfer or withdrawal shall be in a minimum amount as from time to time specified by the Bank. |
B. |
ADDITIONAL TERMS AND CONDITIONS TIME DEPOSIT ACCOUNTS
The following terms and conditions, as applicable, apply to time deposit accounts opened and/or maintained by the Customer with the Bank. |
|
|
|
1. |
Maturity of deposits |
|
(a) |
Prior to or upon maturity of a time deposit, the Customer may give maturity instructions to the Bank as to how to handle the principal plus interest of the matured deposit. The deposit and interest may be uplifted and transferred to any other account of the Customer with the Bank. As regards, time deposit other than fixed rate target savings deposit, the deposit and interest may be drawn in favour of the Customer or such other person at the request of the Customer by means of casher’s order or in such other manner as may be agreed between the Bank and the Customer, and the Bank may charge a prescribed sum for issuing the cashier’s order or using other means of payment of such deposit and interest as agreed between the Bank and the Customer. |
|
(b) |
In the absence of any maturity instruction, the principal and interest of such matured deposit will be placed in such account in the name of the Customer with the Bank as the Bank thinks fit. Interest will be earned on such account at the prevailing rate applicable to the regular savings as determined by the Bank from time to time. |
2. |
Non-Business Day
If a deposit matures on a day which is not a Business Day, the deposit shall be payable on the next Business Day and interest shall be paid up to but excluding that day. |
3. |
Early or partial withdrawal
A time deposit may not be withdrawn prior to maturity, any withdrawal or partial withdrawal of a time deposit prior to maturity shall only be permitted at the discretion of the Bank in which case the Bank may levy a charge and /or forfeit the interest accrued on the deposit in whole or in part. |
|
|
C. |
ADDITIONAL TERMS AND CONDITIONS FOR FIXED RATE TARGET SAVINGS ACCOUNTS |
|
The following terms and conditions apply (where the context requires) to fixed rate target savings accounts opened and/or maintained by the Customer with the Bank. |
|
|
1. |
Deposit amount and installment |
|
(a) |
The Customer shall place a minimum initial deposit as well as making a minimum monthly installment not less than such amount as the Bank may from time to time specify to the Customer, in order to open and/or maintain fixed rate target savings account. All subsequent installments must be paid:
- by direct debit from any bank account of the Customer maintained with the Bank or
- if the account is for fixed rate target saving deposit in currency other than Macau patacas, by making payment at any sub-branch of the Bank by way of cash, cashier’s order or check.
The Bank may impose charges as regards the direct debit arrangement and shall be entitled to debit the amount of such charges from the relevant account of the Customer. If the direct debit will be done on a day which is a non-business day, the direct debit will be carried out in the next Business Day. |
|
(b) |
Where conversion of currencies is required for making a deposit, installment payment or maturity payment or otherwise, such conversion shall not exceed the daily or transaction limits imposed by the Bank from time to time (if any) and shall be subject to the availability of the currency requested and calculated at the prevailing rate of exchange quoted by the Bank at the time of the exchange. The Bank reserves the right to accept or reject any exchange request from the Customer at its sole discretion and the Bank shall not be responsible or become liable for any loss or damage suffered by the Customer arising out of the Bank’s rejection of any exchange request. Unless otherwise agreed between the Bank and the Customer, the Bank’s service charges and expenses incurred by the Bank for conversion of currencies shall be borne by the Customer and the Bank shall be entitled to deduct the same from the funds deposited/withdrawn. |
2. |
Term of deposit
The term of each of the fixed rate targetsavings deposit shall be one of the fixed terms prescribed by the Bank from time to time. The Customer may at its option select any one of such fixed terms for its fixed rate target savings deposit. |
|
|
|
3. |
Interest rate |
|
(a) |
The interest rate applicable to fixed rate target savings deposit is a fixed rate for the entire deposit and specified by the Bank at the time of opening of the fixed rate target savings deposit account. |
|
(b) |
Interest on the fixed rate target savings deposit will accrue monthly on a compound basis but be payable at maturity only. |
4. |
Default (For fixed rate target savings deposit only) |
|
If any installment is not paid on the due date, interest on such installment will not be accrued until actual payment of the installment. Late payment of an installment made on or after the next installment due date will not be accepted by the Bank. If 2 consecutive installments (or such other number of installments as the Bank may from time to time specify) are not paid on due dates, then the deposit balance for the remaining term will be given the Bank's regular savings rate from time to time announced by the Bank. |
5. |
Early termination and withdrawal |
|
The Customer may not withdraw a fixed rate target savings deposit prior to maturity. Any withdrawal prior to maturity shall only be permitted at the discretion of and on such terms as are agreed by the Bank in which case the Bank may levy a charge and/or forfeit the interest accrued on the deposit in whole or in part. If a fixed rate target savings account is closed within 3 months of opening (or such other period as the Bank may from time to time specify), no interest will be paid on the fixed rate target savings account and a fee or such other charge as the Bank may determine will be charged. For account closed beyond the initial 3-month period (or such other period as the Bank may from time to time specify) but before the maturity, the lower of the Bank's regular savings rate on the account opening day and the account closing day will apply to the whole balance of the fixed rate target savings account. |
SCHEDULE 3
TERMS AND CONDITIONS FOR PREMIER BANKING AND WISE BANKING SERVICE
The following terms and
conditions apply to Premier Banking and Wise Banking services provided by the
Bank to its Customer. The "Terms and Conditions for Accounts and Related
Services" (the "Terms and Conditions") from time to time
issued by the Bank shall apply to the following as if those Terms and
Conditions are set out in this Schedule in full.
1. |
Criteria
The Bank may offer Premier Banking and Wise Banking services to its Customer if the Customer satisfies the criteria determined by the Bank from time to time. Such criteria include the maintenance of required minimum balance as the Bank may determine. If the Customer's daily average combined balance (calculated in accordance with Clause 3 of this Schedule) falls below the required minimum prescribed by the Bank and/or there are insufficient funds credited to the Customer's accounts to satisfy fees and charges payable as stipulated in Clause 4 of this Schedule in connection with such services, the Bank will be entitled to terminate or suspend such services provided to the Customer. |
2. |
No-bounce check protection |
|
(a) |
Under the Premier Banking and Wise Banking services, the Bank will still process and clear a check drawn by a Customer ("no-bounce check protection") even though there are insufficient funds in the Customer's account from which the payment is to be made ( "Protection") so long as the check does not exceed the amount from time to time determined by the Bank (the "Limit"). The Protection applies to an unlimited number of checks. The Protection will become available to the Customer at least one full calendar month after the approval of the Customer's application for such services. |
|
(b) |
The Protection will apply to checks drawn from one checking account designated by the Customer and approved by the Bank. If the Customer has more than one checking accounts, the Customer shall designate one such account for this protection. |
|
(c) |
The Protection is available if the Customer: |
|
|
(i) |
has maintained a daily average combined balances with the Bank of the required minimum amount in the calendar month immediately preceding the date the Customer utilizes or seeks to utilize the Protection; |
|
|
(ii) |
has, at the date the Customer utilizes or seeks to utilize the Protection, no temporary overdraft(s) with the Bank that has remained unpaid for more than 30 consecutive days, or such number of days as may be determined by the Bank; |
|
|
(iii) |
has, at the date the Customer utilizes or seeks to utilize the Protection, no loan(s) with the Bank that has remained unpaid for more than 7 consecutive days, or such number of days as may be determined by the Bank; and |
|
|
(iv) |
satisfies the Bank's credit analysis and reviews. |
|
(d) |
The Customer shall forthwith upon utilizing the Protection repay the Bank such sum as may be required to reimburse the Bank for the cost of the Protection any loss or damage suffered by the Bank including interest and cost. |
|
Temporary overdraft interest as may be fixed by the Bank from time to time shall be charged in respect of the Protection. |
|
|
3. |
Daily Average combined balance |
|
(a) |
The Customer’s daily average combined balance shall be calculated by the Bank by reference to : |
|
|
- the Customer’s daily average credit balances in all accounts at the Bank held in the Customer’s sole name; and
- the Customer’s daily average credit balance in any joint account at the Bank held by the Customer with any other person(s); and
- the Customer’s daily average investment balance which shall be calculated with reference to the balance in any investment account at the Bank in the Customer’s sole name, and in any such account at the Bank held jointly by the Customer with any other person(s); and
- the value of total premium paid or cash value/policy values as provided by the relevant insurance company(ies) on a regular basis, whichever is higher, of the selected insurance plan(s) underwritten by the designated insurance company(ies) that the Customer has purchased through the Bank (excluding those insurance plan(s) underwritten by the insurance company(ies) with which the Bank has terminated the Bank assurance relationship); less
- any of the Customer’s temporary overdrafts that remain unpaid.
|
|
(b) |
For the purpose of assessing the value of total premium paid or cash value/policy value of the Customer’s insurance plan as referred to in Clause 3(a) (iv) above, the Customer hereby consents to and authorizes the Bank to obtain information / documents in relation thereto from the relevant insurance company(ies) if the Bank thinks necessary (without prior notice to the Customer). |
|
(c) |
There may be time lag before the value of certain investment transaction and insurance policies will be included in the daily average combined balance due to the processing time required and therefore may affect the daily average combined balance recorded by the Bank. In such circumstances, the Bank has the absolute sole discretion to determine the investment balance and the value of total premium paid or cash/ policy value. |
4. |
Fees |
|
|
(a) |
The Customer shall pay the Bank such fees and other charges in respect of the Premier Banking or Wise Banking services as the Bank may determine. |
|
(b) |
If the Customer's daily average combined balance with the Bank falls below the required minimum account prescribed by the Bank for 3 consecutive calendar months, the Customer shall pay the Bank a monthly maintenance fee prescribed by the Bank or such other fee as the Bank may determine. In addition, if such daily average combined balance falls below the minimum amount prescribed by the Bank during a specified period from time to time determined by the Bank after the Customer has become a Premier Banking or Wise Banking customer of the Bank, the Customer shall reimburse the Bank for the cost of any welcome gift (such cost to be determined by the Bank) provided to the Customer in relation to the Premier Banking or Wise Banking service. |
|
(c) |
Without prejudice to paragraphs (a) and (b) above, if the Customer terminates the Premier Banking or Wise Banking service within 6 months after the Customer has become a Premier Banking or Wise Banking customer of the Bank, the Customer shall pay to the Bank a handling fee or such other charges as the Bank may determine and shall reimburse the Bank for the cost of any welcome gift (such cost to be determined by the Bank) provided to the Customer in relation to the Premier Banking or Wise Banking service. |
|
(d) |
The Customer hereby authorizes the Bank to debit any fees, charges, costs and sums due or payable by the Customer to the Bank, including the cost of any welcome gift, in respect of the Premier Banking or Wise Banking service from any account of the Customer maintained with the Bank. |
|
(e) |
Without prejudice to any other rights of the Bank, the Bank may at any time terminate or suspend the Premier Banking or Wise Banking service to, or any account of, the Customer if: |
|
|
(i) |
the Customer has insufficient funds in its account(s) maintained with the Bank to cover any fees, charges, costs or sums due or payable by the Customer in respect of the Premier Banking or Wise Banking service; or |
|
|
(ii) |
the Customer fails to maintain the prescribed daily average combined balance with the Bank of the required minimum amount during any calendar month. |
5. |
Telephone, facsimile and Internet instructions for Premier Banking |
|
(a) |
The Bank is requested and authorized (but is not obliged) to rely on and act in accordance with any telephone or facsimile or Internet instruction relating to the operation of the Customer's accounts which may from time to time be given or purportedly given (as determined in good faith by the Bank) by the Customer or any person authorized by the Customer without inquiry on the part of the Bank as to the identity of the person giving or purporting to give the instruction or the authenticity of any signature (so long as such signature appears to conform to the specimen signature of the Customer or the relevant person authorized by the Customer provided to the Bank (as determined in good faith by the Bank)) and regardless of the circumstances prevailing at the time of such instruction. The Bank shall be entitled to treat any such instruction as fully authorized by and binding upon the Customer. |
|
(b) |
The Bank shall be entitled (but is not obliged) to take such steps, as soon as reasonably practicable, in connection with or in reliance upon such instructions as the Bank may in good faith consider appropriate, regardless of the nature of the instruction, transaction, arrangement or the amount of money involved and notwithstanding any error or misunderstanding or lack of clarity in the terms of such instructions. |
|
(c) |
The Customer shall remain liable in respect of any act performed by the Bank in accordance with the terms of this Schedule prior to the termination of such instructions. |
6. |
Variation and termination |
|
The Bank may vary or terminate the Premier Banking or Wise Banking services or feature of the Premier Banking or Wise Banking service with prior notice and with or without cause, without prejudice to the rights and obligations of the Customer in retaining any account or service which shall continue to be governed by the applicable account or service terms and conditions. |
SCHEDULE 4
TERMS AND CONDITIONS FOR ELECTRONIC
BANKING SERVICES
The following terms and conditions apply to the Electronic Banking Services provided by the Bank to its Customer. The "Terms and Conditions for Accounts and Related Services" (the "Terms and Conditions") from time to time issued by the Bank, communicated to, acknowledged and accepted by the Customer, shall apply to the following as if those Terms and Conditions are set out in this Schedule in full.
A. |
GENERAL PROVISIONS RELATING TO ELECTRONIC BANKING SERVICES |
1. |
Definitions
"ATM" means an automatic teller machine.
"ATM Card" means each of the Debit Card and Premier Banking Debit Card issued in the name of the Customer.
"ATM Card Transaction" means any withdrawal, Funds Transfer, bill payment, account balance inquiry or other permitted transaction effected by use of the ATM Card.
"ATM Remittance Card" means the ATM remittance card issued in the name of the Beneficiary.
"ATM Remittance Card Transaction" means any withdrawal, account balance inquiry or other permitted transaction effected by use of the ATM Remittance Card.
"ATM Remittance Service" means any facility or service provided by the Bank in connection with any proposed or actual ATM Remittance Card Transaction.
"ATM Service" means any facility or service provided by the Bank in connection with any proposed or actual ATM Card Transaction.
"Bank By Phone Service" means any banking service provided by the Bank which enables is Customer to obtain information from the Bank and give instructions to the Bank by telephone.
"Beneficiary" means the person designated as the "Beneficiary" by the Customer for the purposes of the ATM Remittance Card Transactions.
"Beneficiary Account" means the Customer's account at the Bank designated by the Customer as the "Beneficiary Account" for the purposes of the ATM Remittance Card Transactions.
"Card" means the ATM Card or the ATM Remittance Card, collectively known as the "Cards".
"Customer ID" means the login ID number issued by the Bank to the Customer of self-selected by the Customer ( if so permitted by the Bank) for the purpose of certain Electronic Banking Transaction.
"Electronic Banking Instruction" means an instruction given by the Customer to the Bank through any Electronic Banking Service.
"Electronic Banking Service" means any banking service provided by the Bank which enables its Customer to obtain information from the Bank and /or give instructions to the Bank by ATM, computer, telephone or any other device linked to the Bank’s system by any means as the Bank may from time to time prescribe.
"Electronic Banking Transaction" means a transaction effected by the Bank on an Electronic Banking Instruction.
"Main Account" means the Customer's account at the Bank designated by the Customer as the "Main Account" for the purposes of the ATM Remittance Card Transactions.
"Online Banking Services" means the services rendered by the Bank via the Bank’s website which enable the Customer to obtain information or data from the Bank and/or give instructions to the Bank including but not limited to effecting transactions through the Bank by the use of computer system.
"Password/PIN" means a personal identification code or personal identification number issued by the Bank to the Customer or self-selected by the Customer for the purpose of utilising any Electronic Banking Service.
"Security Token" means the digital device provided by the Bank to the Customer at the Customer's request for the purpose of generating and displaying a Security Code.
"Security Code" means a one-time password that is automatically generated and displayed on the Security Token at the relevant time to be used for the purpose of utilizing certain Electronic Banking Services specified by the Bank from time to time. |
2. |
Scope of service, limits on amounts and cut-off time |
|
(a) |
Electronic Banking Services are offered by the Bank to the Customer only if the Customer maintains at least one account with the Bank in Macau. |
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(b) |
The scope and types of service made available by the Bank, the applicable transaction limits, the cut-off time and date applicable to a particular type of service and the applicable service fees in respect of the Electronic Banking Services will be determined by the Bank from time to time at its absolute discretion without notice to the Customer (other than in the case of change of service fees) |
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(c) |
Any transaction effected after the daily cut-off time in Macau or on a non-Business Day shall be treated for value on the next Business Day. |
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(d) |
The Bank may at its discretion add to, restrict, suspend or terminate all or any of the Electronic Banking Services at any time without notice to the Customer. In particular, the Bank may at any time, and without notice, require the Customer to maintain a valid Security Token in order to use any Electronic Banking Services. |
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(e) |
The Electronic Banking services provide, subject to the Terms and Conditions, an additional means for the Customer to operate his account and conduct transactions. All other terms and conditions governing the Customer's accounts shall continue to apply but, where there is any discrepancy, these terms and conditions shall prevail insofar as the Electronic Banking Services are concerned. |
3. |
Customer ID, Password, and Security Code |
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(a) |
The Customer shall take reasonable steps to keep the Card, Customer ID and the Password/PIN and the Security Code confidential. The Customer is advised:
- to change the Password provided by the Bank to a self-selected Password/PIN in accordance with the Bank's instruction immediately upon receipt of the initial Password/PIN advice from the Bank;
- not to select such information as birthday, telephone number or recognizable part of the Customer's name in selecting new password/PIN,
- to memorize the Customer ID and the Password and destroy the notice to the Customer of the Customer ID and the Password/PIN;
- not to disclose to, share with, allow access to or use by anyone the Card, Customer ID, the Password/PIN or the Security Code;
- not to write down the Password/PIN on any Card issued by the Bank or keep the Password/PIN and the Card together;
- not to write down or record the Customer ID, the Password/PIN or the Security Code without disguising it, and
- to change the Password/PIN on a regular basis. The Customer will be liable for the all losses if he/she has failed to comply with the above safeguards.
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(b) |
The Customer understands and acknowledges that there are risks of the Card, Customer ID and/or the Password/PIN and/or the Security Code being abused by unauthorized persons or used for unauthorized purposes. The Customer shall notify the Bank immediately upon notice or suspicion of the Card, Customer ID and/ or the Password/PIN and/or the Security Code being disclosed to or obtained by any unauthorized person or any unauthorized instruction given or transaction effected with the Card, Customer ID and/or the Password/PIN and/or the Security Code. If the Customer fails to report such incidents to the Bank immediately, or has otherwise acted fraudulently or with negligence, the Customer may be held responsible for all such transactions involving the use of the Card, Customer ID and/or the Password/PIN and/or the Security Code and all losses as a result thereof. |
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(c) |
All instructions given to the Bank by anyone using the Card, Customer ID and/or the Password/PIN and/or the Security Code prior to the Bank receiving notice as mentioned in paragraph (b) above and the Bank having a reasonable opportunity to take action in respect of such notice will be relied on or acted upon by the Bank and shall be irrevocable. The Bank shall have no duty to verify the identity or authority of the person giving an instruction to the Bank if the correct Card, Customer ID and/or Password/PIN and/or the Security Code is used. |
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(d) |
A Card, Customer ID, Password/PIN or Security Token shall remain effective until changed by the Customer or cancelled by the Bank or any other issuing authority provided that the Bank has received notice of the cancellation from the Customer. |
4. |
Suspension or termination of services
The Bank may suspend or terminate any Electronic Banking Service upon closure of the Customer's accounts or otherwise. Suspension or termination by the Customer of any Electronic Banking Service shall be effective only after notice of such suspension or termination has been given to the Bank and the Bank has a reasonable opportunity to act upon the notice. The Bank shall not be liable for any loss or damage suffered by the Customer as a result of or arising out of any voluntary or involuntary suspension or termination of any Electronic Banking Service for any reason whatsoever, except for any direct loss suffered by the Customer as a result of faults occurring at terminals or other systems used in relation to ATM Service and ATM Remittance Service where such faults are not obvious and where notice of such faults has not been given to the Customer pursuant to normal practices of the Bank or the relevant parties operating such terminals or other systems. |
5. |
Joint accounts |
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(a) |
For joint accounts that may be operated on the signature of only one of the account holders, the following material, if required by any one or more of the joint account holders will be issued to each joint account holder:- |
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(i) |
a separate ATM Card or ATM Remittance Card and related Password; and |
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(ii) |
a separate Customer ID, Password and when applicable Security Token for Electronic Banking Services. |
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(b) |
Electronic Banking Services will not be available in the case of joint accounts requiring the signatures of two or more account holders to operate. |
6. |
Rate information inquiry
(a) Any exchange rate, loan rate or interest rate quoted by the Bank in the course of providing any Electronic Banking
Service is for reference only and is not binding on the Bank unless confirmed by the Bank. Such confirmed
exchange rate, loan rate or interest rate, if accepted by the Customer in an Electronic Banking Transaction, shall be
binding on the Customer notwithstanding that a different exchange rate, loan rate or interest rate might have been
quoted by the Bank at the relevant time through other means of communication. |
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(b) In any transactions where the Customer will be able to choose either HKD/MOP as the debit account, the Customer
acknowledges and agrees that the debit amount may be variable due to possible exchange rate differences. |
7. |
Recordings, records and reference numbers
The Bank is authorized to record by any means of all Electronic Banking Instructions between the Bank and the Customer or any person acting on the Customer's behalf, and to keep those recordings for as long as the Bank considers necessary. |
8. |
Electronic Banking Instruction |
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(a) |
Any Electronic Banking Instruction must be given by the Customer to the Bank by quoting the Password and other information required by the Bank to effect Electronic Banking Transactions. |
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(b) |
The Bank will not send any separate advice to Electronic Banking Transaction. A record of each Electronic Banking Transaction will be shown in the regular account statements provided by the Bank to the Customer. |
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(c) |
Any Electronic Banking Instruction confirmed by the Customer by using an Electronic Banking Service may not be amended, revoked or withdrawn. If a dispute arises at any time in relation to the contents of any Electronic Banking Instruction, the Bank's relevant recordings shall be conclusive evidence of such contents. |
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(d) |
The Bank will only act upon or carry out an Electronic Banking Instruction in so far as it is practicable or reasonable for it to do so and in accordance with its regular business practices and procedures. Unless otherwise specified by the Bank, any Electronic Banking Instruction received by the Bank outside the normal business hours of the Bank or on a non-Business Day will be considered to have been received by the Bank on the next Business Day. |
9. |
Customer's undertakings |
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(a) |
The Customer undertakes to use the Electronic Banking Services in accordance with these terms and conditions and the operation policy and procedure relating to Electronic Banking Services provided by the Bank from time to time. |
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(b) |
The Customer undertakes not to tamper with, modify, decompile, reverse engineer or otherwise alter or gain unauthorized access to any part of the Electronic Banking Services or the Bank's website or any of the comprised in them. The Bank is entitled to terminate the use of the Electronic Banking Services by the Customer without notice and to legal action against the Customer for breach of this undertaking. |
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(c) |
The Customer shall notify the Bank as soon as the Customer encounters any irregularity or difficulty in using any Electronic Banking Service. |
10. |
Liabilities of the Customer |
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(a) |
The Bank will take reasonably practicable steps to ensure that its systems in connection with the Electronic Banking Services are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to the Bank from time to time. |
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(b) |
Subject to Clause 11.2 of the Terms and Conditions and without prejudice to Clause 3 of Section A of this Schedule above, if, in the opinion of the Bank, there is no gross negligence, fraud or fault on the part of the Customer, such as failing to properly safeguard his device(s) for using the Electronic Banking Services, the Customer will not be liable for any direct loss suffered by the Customer as a result of any unauthorized Electronic Banking Transaction. |
11. |
Ownership of the Security Token
The Security Token is and shall at all times remain the property of the Bank and issued at the Bank's discretion and the Customer shall return it to the Bank immediately upon the Bank's request. The Customer will ensure that the Security Token is kept secure and only under the personal control of the Customer and will not permit any person other than the Customer to use the Security Token. The Customer shall procure that no person shall, without the prior written consent of the Bank, re-program, alter, replace, repair, remove or in any way adjust the Security Token. |
12. |
Loss or Theft of the Security Token
In the event of loss or theft of the Security Token, the Customer shall as soon as reasonably practicable notify such loss or theft to the Bank by telephone at such telephone number as the Bank may from time to time prescribe and confirm the same in writing if requested by the Bank. If the Customer fails to report such incidences as soon as reasonably practicable to the Bank or has otherwise acted fraudulently or with negligence, the Customer may be responsible for all direct losses as a result of all unauthorized transactions involving the use of, as the case may be, the lost Security Token by any person. If a replacement Security Token is issued, the Bank may charge a service handling fee for it. |
B. |
ATM SERVICES AND ATM REMITTANCE SERVICES |
1. |
Use of ATM or ATM Remittance Card |
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(a) |
The ATM Card or the ATM Remittance Card can be used in: |
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(i) |
any ATM installed by or belonging to the Bank or any member bank of the China UnionPay in Mainland or any member bank of the JETCO ATM networks; |
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(ii) |
EPS Company (Hong Kong) Limited ("EPSCO")or such point of sale terminals as the Bank may determine; or |
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(iii) |
any other devices or terminals for effecting payment or transfer of funds by electronic means notified by the Bank to the Customer. |
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(b) |
All cards are non-transferable. |
2. |
Electronic payment system |
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(a) |
The Bank is authorised to determine the applicable transaction limits and shall have discretion to add to or change such limits. The Bank shall not be liable for the refusal of any merchant establishment to accept or honour the Cards, any breakdown or malfunction of an ATM, a point of sale terminal or any other devices or terminals or related equipment, or for the title to, merchantability, quality or fitness for purpose of any goods, or the adequacy or quality of any services, supplied or purchased through the use of the Cards. |
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(b) |
Any complaints by the Customer to a merchant establishment relating to the purchase of goods or services through a point of sale terminal must be resolved by the Customer directly with the relevant merchant establishment and no claim by the Customer against any merchant establishment may be the subject of any set-off, claim or counterclaim against the Bank. |
3. |
Ownership of Cards
The Cards are the property of the Bank and the Customer shall return them to the Bank immediately upon the Bank's request. The Customer will ensure that the Cards are kept secure and under the personal control of the Customer (or the Beneficiary in the case of the ATM Remittance Card) and will not permit any person other than the Customer (or the Beneficiary in the case of the ATM Remittance Card) to use the Cards. |
4. |
Loss or theft of Card
In the event of loss or theft of any Card, the Customer shall as soon as reasonably practicably notify such loss or theft to the Bank by telephone at such telephone number as the Bank may from time to time prescribe and confirm the same in writing if requested by the Bank. If the Customer fails to report such incidents as soon as reasonably practicable to the Bank or has otherwise acted fraudulently or with negligence, the Customer may be responsible for all direct losses as a result of all unauthorized transactions involving the use of the lost Card by any person. If a replacement Card is issued, the Bank may charge a service handling fee for it. |
5. |
ATM capture of Card
A Card may be captured by an ATM and a proposed transaction through an ATM may be declined in certain circumstances, including where the Card has been damaged or has expired, an incorrect Password has been entered or an alert exists on the Customer's account as a result of the Card having been reported lost or stolen. If this occurs, the Customer should contact any sub-branch of the Bank or Bank By Phone Center for assistance. |
6. |
Transactions in foreign currency |
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(a) |
ATM Card Transactions or ATM Remittance Card Transactions that are effected in a currency other than Macau patacas and Hong Kong dollars will be debited from the appropriate account of the Customer after conversion into Macau patacas or Hong Kong dollars at a rate of exchange determined by reference to the exchange rate adopted by the network provider, and/or other intermediaries or service provider on the date of conversion, plus an additional percentage levied by the Bank and any transaction fee(s) charged by the network provider, and/or other intermediaries or service providers to the Bank. |
FOR ATM CARD ONLY |
1. |
Debiting of account for ATM Card Transactions
The Customer authorizes the Bank to debit directly from the designated account of the amount of the Customer the amount of any withdrawal, transfer or transaction involving the use of the ATM Card, including any transaction at an ATM or purchase of goods or services at a point of sale terminal. All fees and charges relating to any ATM Service or any ATM Card Transaction will also be debited from such designated account or any other accounts of the Customer with the Bank when due and are not refundable. |
FOR ATM REMITTANCE CARD ONLY |
1. |
Debiting of accounts for ATM Remittance Card Transactions
The amount of any ATM Remittance Card Transaction will be debited from the Beneficiary Account. All fees and charges relating to any ATM Remittance Service or any ATM Remittance Card Transaction will be debited from the Main Account, the Beneficiary Account or any accounts of the Customer with the Bank when due and are not refundable. |
2. |
Responsibility for facilities and services
The ATM Remittance Card and Password/PIN issued in the name of the Beneficiary will be deemed to have been issued to the Customer. The Customer shall ensure that the Beneficiary keeps the relevant Password/PIN secret and safeguards the use of the ATM Remittance Card as if the Beneficiary were the Customer. The Customer will be responsible for all facilities granted with respect to the ATM Remittance Services and the relevant accounts, and all ATM Remittance Cards and Passwords/PINs issued by the Bank at the Customer's request. All ATM Remittance Card Transactions effected with the ATM Remittance Card will be binding on the Customer and if the Beneficiary fails to observe the safeguards regarding the ATM Remittance Card and Password/PIN mentioned above, the Customer will be held responsible for all loses as a result of all unauthorized ATM Remittance Card Transactions. |
3. |
Beneficiary's rights
The Beneficiary shall have no rights with respect to the Main Account or the Beneficiary Account other than the ability to withdraw funds from, and make account balance inquiries with respect to, the Beneficiary Account. |
SCHEDULE 5
TERMS AND CONDITIONS FOR RENMINBI
BANKING SERVICES
The following terms and conditions (the "Supplemental Terms") apply to Renminbi Banking Services provided by the Bank to its Customer. The "Terms and Conditions for Accounts and Related Services" (the "Terms and Conditions") from time to time issued by Bank shall apply to the following as if those Terms and Conditions are set out in this schedule in full.
1. |
Scope of service and limits on amounts |
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(a) |
The scope and types of service made available by the Bank, the applicable transaction limits and the applicable interest rate and service fees in respect of the Renminbi Banking Services will be determined by the Bank from time to time at its absolute discretion. |
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(b) |
The Bank may at its discretion add to, restrict, suspend or terminate all or any of the Renminbi Banking Services at any time. |
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2. |
Account opening |
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(a) |
The Bank may at the request of the Customer who has a valid identity document open Renminbi savings account take deposits denominated in Renminbi in the form of time deposits with the Customer subject to daily payment and daily transaction limits imposed by the Bank from time to time. |
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(b) |
Any Renminbi account opened by the Customer with the Bank and other matters relating thereto shall be governed by the relevant account opening form or mandate signed by the Customer, the Terms and Conditions and these Supplemental Terms (as amended and supplemented from time to time in accordance with Clause 13 of the Terms and Conditions) and the applicable laws of Macau. |
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3. |
Initial and further deposits |
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(a) |
The Customer shall place an initial deposit with the Bank in an amount as from time to time specified by the Bank in Renminbi banknotes or from account transfer or Renminbi funds exchanged from Macau patacas at the prevailing rate of exchange quoted by the Bank at the time of placing the deposit. |
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(b) |
Any deposit of Renminbi banknotes must be in such version and denomination that is acceptable to the Bank. The Bank shall have the absolute discretion to accept or reject any Renminbi banknote deposited by the Customer. |
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(c) |
For call deposits and other types of deposits as specified by the Bank, any further deposit, transfer or withdrawal shall be in a minimum amount as from time to time specified by the Bank. |
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4. |
Renminbi exchange |
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(a) |
The Bank may at the Customer's request provide Renminbi to Macau patacas or Macau patacas to Renminbi exchange service to the Customer at the prevailing rate of exchange quoted by the Bank at the time of the exchange subject to the availability of the currency requested and to the daily or transaction limits imposed by the Bank from time to time. The Bank reserves the right at any time, at its sole discretion, to accept or reject any exchange request from the Customer. |
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(b) |
Any Renminbi banknote presented to the Bank for the purpose of exchange must be in such version and denomination that is acceptable to the Bank and the Bank reserves the right to reject any banknote presented by the Customer. |
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(c) |
Any losses, demages, claims, costs and expenses of reasonable amount which is reasonably incurred by the Bank in connection with any exchange transaction,shall be indemnified and reimbursed by the Customer immediately and at the Bank’s discretion, shall be debited from the Customer's account after the transaction. |
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(d) |
The Bank shall not be responsible or become liable for any loss or damage suffered by the Customer arising out of the Bank's rejection of any exchange request unless such loss is directly caused by the Bank's gross negligence or willful misconduct. |
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5. |
Renminbi remittance |
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(a) |
Subject to the rules and requirements of Maindland China or other relevant jurisdictions of the receiving place, the Bank may at the request of the Customer who has a Renminbi account with the Bank remit funds from such Customer's Renminbi account with the Bank to the bank account opened in Mainland China or other places outside Macau. The aggregate amount of outward Renminbi remittances made by the Customer shall not exceed the limit set by the Bank from time to time and each outward Renminbi remittance shall be subject to such conditions as the Bank may from time to time specify. The Bank is not obliged, and shall be entitled to decline to act on any instructions, to effect any outward Renminbi remittance to Mainland China or other places outside Macau that does not comply with the conditions set out in these Supplemental Terms and/or law. |
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(b) |
The Customer acknowledges that the Bank is acting solely as the Customer's agent when providing outward Renminbi remittance and has no control over the operations of and any service charge imposed by the banks in Mainland China. The Customer agrees and confirms that all Renminbi remittances to Mainland China or other places outside Macau shall be subject to currency control or restrictions from time to time imposed by the Monetary Authority of Macau ("AMCM") and/or the relevant authorities in Mainland China or other places outside Macau and the Customer agrees to observe and comply with all applicable rules and regulations. |
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(c) |
The Customer shall be solely responsible for providing accurate information regarding the recipient of the remittance to the Bank. The Customer acknowledges that a remittance will not be effected and funds will be returned if the remittance is rejected by the receiving bank or inaccurate information is provided regarding the bank account in Mainland China or other places outside Macau or the aggregate amount of the remittance made by the Customer (either through the Bank or other financial intermediaries in Macau) shall exceed the limits imposed by AMCM and/or the relevant authority in Mainland China or other places outside Macau. Any charges and expenses incurred by such return will be borne by the Customer and will be deducted from the proceeds of the refund. All cable or other charges and commission collected are not refundable. |
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(d) |
Incoming Renminbi remittances in favour of the Customer will only be credited into the Renminbi account of the Customer with the Bank if the payment advice is received before the cut-off time as required by the Bank from time to time; otherwise, the incoming Renminbi remittances will be processed and credited into the Renminbi account of the Customer on the next Business Day. The Bank may levy a service charge at such rate as determined by the Bank for time to time for each incoming remittance and at the Bank's discretion, such service charge shall be debited from the Customer's account after the remittance |
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